The Florida Department of Environmental Protection (DEP)
is committed to finding the most effective resolution to
each violation, with the specific objective of preventing
the next violation. Beyond penalties and other traditional
enforcement actions, DEP continues to improve its use of
innovative approaches, cutting-edge technologies, and
targeted activities to reduce environmental harm and human
Compliance Assistance Projects
Compliance assistance means helping businesses, facilities
and local governments meet the requirements of state
SOUTHWEST DISTRICT: Dry Cleaners
As a result of proactive
compliance assistance with the dry cleaning
industry, the Southwest District has a
substantial decline in enforcement.
A personal visit by the Southwest District compliance
inspector was conducted in September 2007-2008 to all 44
registered dry cleaners in the district. This compliance
assistance training was a proactive approach to address a
trend in similar enforcement cases in this particular
sector. The visit provided education focusing on the
registration and recordkeeping requirements (i.e.
user-friendly calendar), maintenance of the units, the new
leak check requirement (hand-held monitor device), a copy of
the rule and the Statement of Compliance the “State of
Florida Guidelines For Proper Management of Dry Cleaning
Separator Water” document, and a copy of the “Dry Cleaner
Air Quality General Permit Annual Compliance Certification
Form” were also provided. The dry cleaning owners and
operators appreciated the DEP’s efforts, especially the
calendars which were mailed. Because of the compliance
assistance, DEP has seen a substantial decline in
enforcement. A follow-up package was mailed to the dry
cleaners in early 2008 which included a cover letter, the
2009 Compliance Calendar, guidance on the requirement for
notification to EPA and DEP, and the Small Business
For some violations, the responsible party may be allowed to
implement an in-kind project in lieu of or to reduce a
monetary penalty. The in-kind project must go beyond what is
required or what would be done in the normal course of the
violator’s business—and they must be valued at a minimum of
1.5 times what a civil penalty would be. (In all cases
outlined below, the in-kind project meets the test of being
valued at more than the penalty.) In-kind projects are
win-win. The responsible party pays for a worthwhile project
and the public benefits from the value added by that project
to the quality of the local environment and, in some cases,
improvements to state-of-the-art resource protection.
NORTHEAST DISTRICT: Shenandoah Dairy
Dairies can lessen their impact
with more efficient handling of solids and
improved nutrient distribution.
Shenandoah Dairy, in Suwannee County, with a herd of
6,049 cows, was in violation of industrial wastewater
requirements. The dairy signed a consent order requiring
payment of $3,800 in civil penalties along with more
efficient handling of solids and improved nutrient
distribution through construction of a larger stacking pad
and two ramps at the end of the static settling basin.
The stacking pad provides increased area for solids and
allows more storage time and dewatering, which result in
drier solids that can be transported to more locations for
nutrient distribution. The newly located ramps provide
better access to the basin and allow water to drain as
solids are collected.
SOUTH DISTRICT: Pigeon Key Foundation, Inc.
Following a discharge of diesel fuel, Pigeon Key Foundation,
Inc., was found in violation of rules governing above ground
storage tanks and hazardous waste. The Foundation signed a
consent order requiring payment of $13,500 in civil
penalties. After several months of payments, the Foundation
approached DEP about paying the remaining balance through
environmental enhancement projects.
One project involved determining whether
hurricane-damaged mangroves on Pigeon Key should be removed
or remain in place and establishing more than 200 new
mangroves and other plants along the shoreline. Another
project involved planting more than 250 plants to promote
shore stabilization, manage stormwater runoff, and
reestablish native scenery on Knight’s Key (north end of
Seven Mile Bridge) damaged by hurricanes.
NORTHWEST DISTRICT: City of Blountstown
Blountstown operates a domestic wastewater treatment
facility that was determined to be in violation of
wastewater requirements. The city signed a consent order
requiring payment of $24,625 in civil penalties. As an
alternative, the city proposed a project to better identify
sewer line problems, such as breaks and areas of inflow and
infiltration. The project included purchase and installation
of video equipment to monitor sewer mains, allowing the city
to quickly and easily identify and reduce sources of
contamination entering surrounding soils.
Pollution Prevention Projects in Enforcement (P2 PiE)
A Pollution Prevention Project in Enforcement (P2PiE) is
one that a responsible party agrees to implement as part of
an enforcement settlement, which must eliminate or reduce
the toxicity of pollution released to the environment.
P2PiEs provide the responsible party an opportunity to
help the environment beyond the requirements in statute or
rule, at the same time benefiting its own operations.
Eliminating or reducing the generation of waste in facility
operations reduces production costs, leading to greater
competitiveness and economic vitality for the company. At
the same time, the project reduces waste generated in the
community where the company operates. PiE costs may exceed
the amount of the assessed penalty, but if the cost of the
P2PiE is less than the assessed penalty, the responsible
party must pay the difference to DEP.
CENTRAL DISTRICT: EdgeWater Power Boats
EdgeWater Power Boats, a manufacturer of hand-crafted,
semi-custom boats, was found in violation for failure to
renew a Title V air permit and conduct visible emission
tests. The company was assessed a civil penalty of $17,500.
However, by implementing two pollution prevention projects
to reduce hazardous waste and air pollutants, the company
was allowed to offset the entire penalty.
Employee using a water-based cleaner,
known as Accustrip, which can be cleaned and reused
reducing the generation of hazardous waste.
The company replaced an acetone cleaner with a water-based cleaner that can
be cleaned and reused, reducing hazardous waste by more than 2,600 gallons per
year. A parts cleaning system, purchased to work in conjunction with the
water-based cleaner, uses compressed air to power a rotating brush that removes
resin from tools and spray guns and cleans the lines of the gel coat rigs. The
technique allowed an on-site distillation project to recycle acetone to be
The company also changed production from open molding to closed molding and
reduced hazardous air pollutants, developing new lamination schedules, testing
infusion hose locations, and training employees to support the increased volume
of closed molding production. A high volume mixer system was purchased to
automate resin and catalyst mixing and eliminate overages and employee exposure
caused by manual mixing methods. Resin usage was reduced from 81 percent to 70
percent and resin waste has been reduced by nearly 10,000 pounds annually. .
SOUTH DISTRICT: Fenton Davis Painting Inc.
Fenton Davis Painting Inc., a commercial painting company,
violated hazardous waste handling procedures, resulting in a
civil penalty of $15,180. By implementing two pollution
prevention projects, reducing volatile organic compounds
released from paint and reclaiming and reusing solvents, the
company was allowed to offset $11,385 of the penalty.
Fenton Davis purchased three high-volume/low-pressure
painting guns to save primer, paint and solvents by reducing
overspray. The company should see a savings of about 80
gallons of paint products and $6,000 each year, recouping
the cost of the new guns in just 11 months.
To reduce and reclaim cleaning solvents, the company
purchased a distillation system, reclaiming one five gallon
batch of paint thinner/mineral spirits per day. The company
will see a $7,000 annual savings that will pay for the new
system in a little more than two years.
NORTHEAST DISTRICT: CDR Systems Corporation
CDR Systems Corporation, a manufacturer of polymer
concrete and fiberglass boxes, vaults and pads, caused
several hazardous waste violations and was assessed $24,390
in civil penalties. By implementing pollution prevention
projects that reduce volatile organic compounds (VOCs) and
hazardous air pollutants (HAPs) from paint, the company was
allowed to offset $18,292.50 of the penalty.
The pollution prevention project included the
installation of a new non-atomizing gel coat spraying system
that will use less pressure and direct gel coat more
efficiently, avoiding the fine aerosol mist that occurs in
old spray guns and decreasing the amount of styrene and
methyl methacrylate emissions (both are VOCs and HAPs).
Testing conducted by the Clean Manufacturing Technology
Institute has indicated an average 43 percent reduction in
emissions when switching from atomizing to non-atomizing
systems. As a result, CDR Systems Corporation is saving
approximately $4,000 annually.
SOUTHEAST DISTRICT: Bev Smith Toyota
Bev Smith Toyota was found to be in violation of proper
management of hazardous waste and used oil, which resulted
in a $16,000 civil penalty. The dealership implemented
several pollution prevention projects estimated at $5,000.
By installing a Uni-ram solvent recycler unit to reclaim
used lacquer thinner generated by the body shop, the company
was able to reduce the solvent waste by approximately 85
percent. The company also purchased an aerosol can recycling
system to puncture and drain spent aerosol cans, allowing
proper disposal of the contents and recycling the cans as
NORTHWEST DISTRICT: eb Pipe Coating Inc.
eb Pipe Coating Inc., a manufacturer of coatings and liners
for large-diameter pipes, caused several hazardous waste and
used oil violations. The company was assessed $31,600 in
civil penalties, of which more than $6,000 was offset with
the purchase of a solvent recycler used for methyl ethyl
ketone (MEK) recovery.
eb Pipe Coating changed the procedure for cleaning metal
surfaces to segregate hazardous and non-hazardous solvents.
The company now dispenses acetone, a solvent that emits
volatile organic compounds, in small amounts onto wiping
rags, eliminating liquid waste in metal cleaning. The rags
are laundered and reused. The company reduced acetone costs
by approximately $6,000 per year. By adopting the procedure
for cleaning metal surfaces the company significantly
reduced its hazardous waste from an average of five drums a
month to less than one drum (drums are typically 55
SOUTHWEST DISTRICT: Wheelblast, Inc.
Wheelblast, Inc., which manufactures pilings for harbors,
failed to meet an air permitting deadline and was assessed
$9,000 in civil penalties. By implementing a pollution
prevention project, Wheelblast was able to offset $7,200 of
the penalty. The company installed a large diameter
permanent pipeline to provide electrically compressed air to
the coating yard, which replaced a diesel air compressor
that operated the coal tar epoxy coating area. The new
pipeline reduces 4,500 pounds of carbon dioxide and some
$600 in fuel costs each month, which will pay for the
installation in about a year.