Attachment 32 - DERM Letter.pdf

August 1, 2024

VIA ELECTRONIC MAIL: Odniel.Carlo@va.gov

PAPER COPY WILL NOT FOLLOW BY REGULAR MAIL

Odniel Carlo, Manager Green Environmental Management System (GEMS) Miami VA Healthcare System 1201 NW 16th Street Miami, FL 33125

RE: Revised Contaminated Soil Management Plan (SMP), Dust Control Plan (DCP) and Health and Safety Plan (HASP) dated July 26, 2024 prepared and submitted by Tierra Group (Tierra) for the Notice of Violation (NOV) dated August 15, 2018 for the Veterans Affairs (VA) Medical Center facility (UT-2694/File-751) located at, near, or in the vicinity of 1201 NW 16th St, Miami, Miami-Dade County, Florida.

Dear Mr. Carlo:

The Environmental Monitoring and Evaluation Section (EMES) of the Department of Regulatory and Economic Resources- Division of Environmental Resources Management (DERM) has reviewed the referenced documents, received July 26, 2024. The HASP has been placed in the file for the site. The SMP and DCP are approved with the following comments and conditions:

1. The Revised SMP states that “Stockpiled soil will be disposed off-site at a waste disposal facility licensed to accept the contaminants of concern” and “imported clean fill will be utilized as backfill”. EMES acknowledges that the SMP no longer proposes to reuse excavated and stockpiled soil as backfill. Should excavated soil be proposed for reuse, a revision to the SMP incorporating comment 4 of EMES’ July 10, 2024 letter will be required to be submitted for EMES’s review and approval in advance of soil reuse activities.

2. Based on the statement that stockpiled soil will be disposed off-site rather than reused, a Source Removal Report (SRR) prepared in accordance with Chapter 24, Code of Miami-Dade County, will be required within sixty (60) days of completion of source removal activities. The Contaminated Soil Management Operating Reports (SMORs) and Contaminated Soil Management Plan Implementation Report (SMPIR), referenced in comment 3 of EMES’ July 10, 2024 letter will not be required. The SRR shall provide details concerning the soil excavation and disposal and documentation for any clean fill brought to the site or soil disposed offsite, including all disposal manifests clearly indicating the generator address. Note that if the boiler building extension will act as an engineering control over contaminated soil, an Engineering Control Plan will be required.

3. The temporary storage or stockpiling of excavated contaminated soil shall not exceed 90 days, unless otherwise approved by DERM.

4. Be advised that delivery tickets for the imported fill material shall be provided. Said tickets shall be clearly dated and indicate the name and address of the source of the fill as well as the type of fill being used. Please note that if the fill is not directly obtained and delivered to the site from a Miami-Dade County quarry, then appropriate sampling of the fill material is required for approval before reuse. DERM reserves the right to request verification sampling, and splitting of samples by DERM, of all material deemed to be clean fill to be used on the site.

mailto:Odniel.Carlo@va.gov

Odniel Carlo Miami VA Healthcare System UT-2694/File-751

5. The SMP states that if any construction and demolition debris, such as rubble with protruding steel, sheet metal, pieces of concrete, glass, wood or plastic, is observed, the affected soil will be either mechanically screened to remove the items or disposed offsite. Note that soil-like material generated by the screening of solid waste (i.e., recovered screened material (RSM) as defined in Chapter 62-701, FAC and screened solid waste (SSW)) are considered solid waste except when defined as recovered materials pursuant to Chapter 62-701, FAC and intended for beneficial reuse. RSM and SSW are subject to DERM’s Soil Reuse Guidance for Miami-Dade County.

6. The SMP states that “Water for dust suppression will be obtained on-site or from a municipal source designated by the utility.” Please note that only municipal water (and not onsite groundwater) shall be utilized for dust suppression.

Therefore, within sixty (60) days of source removal completion, submit a Source Removal Report prepared in accordance with Section 24-44, Code of Miami-Dade County. Technical Reports (assessment, remediation, etc.) should be submitted via email to DERMPCD@miamidade.gov. For files too large for electronic transmittal, the public is requested to utilize Drop-Box or other equivalent FTP link.

Be advised that DERM has the option to split any samples deemed necessary with the consultant or laboratory at the subject site. The consultant collecting the samples shall perform field sampling work in accordance with the Standard Operating Procedures provided in Chapter 62-160, FAC, as amended. The laboratory analyzing the samples shall perform laboratory analyses pursuant to the National Environmental Laboratory Accreditation Program (NELAP) certification requirements. If the data submitted exhibits a substantial variance from DERM split sample analysis, a complete resampling using two independent certified laboratories will be required.

Be advised that any portion of the site to be sold, transferred or dedicated (including for public right-of-way) shall be identified, and the receiving entity must be made aware of the contamination and accept any conveyance. If soil contamination, groundwater contamination, solid waste and/or methane will be addressed via a NFAC, each individual property owner will have to execute a restrictive covenant and each receiving entity must accept all applicable restrictions and responsibilities that are required following transfer of ownership. Please note that nothing stated herein may be interpreted to limit or restrict an engineer’s or other professional’s responsibility to prepare plans accurately and completely for proposed rights-of-way as well as any other projects or plans. For proposed dedications, any soil, groundwater or surface water contaminants or solid waste and/or methane must be disclosed to the receiving County or Municipality applicable department at the earliest stage possible; the presence of any such contamination and/or solid waste and/or methane impacts or a delay in disclosure of such contamination or impacts could result in the County declining to accept the proposed dedication, the need for the developer to reconfigure or change previously approved site plans, or other changes to the proposed development.

DERM shall be notified in writing a minimum of three (3) working days prior to the implementation of any sampling or field activities. Email notifications shall be directed to DERMPCD@miamidade.gov. Please include the DERM file number on all correspondence.

Failure to adhere to the items and timeframes stipulated above may result in enforcement action for this site.

Any person aggrieved by any action or decision of the DERM Director may appeal said action or decision to the Environmental Quality Control Board (EQCB) by filing a written notice of appeal along with submittal of the applicable mailto:DERMPCD@miamidade.gov mailto:DERMPCD@miamidade.gov

Odniel Carlo Miami VA Healthcare System UT-2694/File-751 fee, to the Code Coordination and Public Hearings Section of DERM within fifteen (15) days of the date of the action or decision by DERM.

If you have any questions concerning the above, please contact Sandra Rezola of the Environmental Monitoring and Evaluation Section at Rezols@miamidade.gov or (305) 372-6700.

Sincerely, Wilbur Mayorga, P.E., Chief Environmental Monitoring & Restoration Division sr ec: Thomas Knox, Geologist, Tierra Group, tom.knox@tierrasolutions.com

Paul Conner, Tierra Group, paul.conner@tierrasolutions.com Ernesto A. Cabrera, Miami VA, Ernesto.Cabrera@va.gov Lisa Brunner, Miami VA, Lisa.Brunner@va.gov Matthew King, Miami VA, Matthew.King6@va.gov mailto:Rezols@miamidade.gov mailto:tom.knox@tierrasolutions.com mailto:paul.conner@tierrasolutions.com mailto:Ernesto.Cabrera@va.gov mailto:Lisa.Brunner@va.gov mailto:Matthew.King6@va.gov