Florida Department of Environmental Protection Central District 3319 Maguire Boulevard, Suite 232 Orlando, Florida

(1)

“More Protection, Less Process www.dep.state.fl.us

Florida Department of

Environmental Protection

Central District

3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767 Charlie Crist Governor Jeff Kottkamp Lt. Governor Mimi A. Drew Secretary BY ELECTRONIC MAIL rschaedel@indianriverglass.com

Mr. Robert J. Schaedel OCD-WCU-10-0449

Indian River Glass 201 North Orange Street New Smyrna Beach, FL 32168

Subject: Site Rehabilitation Completion Order without Conditions Indian River Glass aka RJS Investments of Central Florida 201 North Orange Street

New Smyrna Beach, Florida 32168 Volusia County FDEP Brownfield Site ID: BF640901001

WCU Site ID: COM_298145 FLD No: 649810974

Dear Mr. Schaedel:

The Central District has reviewed the July 8, 2010 Monitoring Well Abandonment Report and the April 15, 2010 “Site Rehabilitation Completion Report” for the Indian River Glass Brownfield Site that is located at 201 North Orange Street, New Smyrna Beach, Florida, which was received on April 22, 2010. The report that was prepared by L.S. Sims and Associates for the Indian River Glass Brownfield Site contained a No Further Action (NFA) proposal. Oversight of the Indian River Glass Brownfield Site was transferred to the Brownfields Program from the Volusia County Petroleum Cleanup Program on November 6, 2009. Review of all documents prior to execution of the Brownfield Site Rehabilitation Agreement was performed by Volusia County Petroleum Cleanup Program.

The map showing the location of the Indian River Glass Brownfield Site and the location of the “contaminated site” for which this Order is being issued is attached as Exhibit 1. The “No Further Action” Proposal is supported by the April 15, 2010 “Site Rehabilitation Completion Report” and earlier submittals, including, but not limited to:

• January 2010 Natural Attenuation Monitoring Report • July 2010 Monitoring Well Abandonment Report

(2)

Mr. Robert J. Schaedel FDEP Brownfield Site ID: BF640901001

OCD-WCU-10-0449 WCU Site ID: COM_298145

Page 2

The groundwater at the “contaminated site” is defined by monitoring wells TMW-2, TMW-3, and TMW-5 as shown on attached Exhibit 2, Site Map. Groundwater samples were collected in these wells in March 24, 2010 utilizing the procedures described in FS 2200 “Groundwater Sampling” in the Standard Operating Procedures for Field Activities,

DEP-SOP-001/01, February 01, 2004. The groundwater samples collected from these wells did not

indicate exceedances of the Groundwater Cleanup Target Levels as adopted in Chapter 62-777, Florida Administrative Code, (“F.A.C.”), effective date April 17, 2005. See the attached Exhibit 3 (Ground Water Analytical Summary) that is incorporated by reference herein. This table includes information regarding the contaminants that remain at the site, if any, the affected media, and the applicable cleanup target levels for the contaminated site that is the subject of this Order. Thus, the submittals indicate that groundwater contaminant concentrations are below the applicable Maximum Concentration Limits or Groundwater Cleanup Target Levels as adopted in Chapter 62-777, Florida Administrative Code, (“F.A.C.”), effective date April 17, 2005. Therefore, you have satisfied the site rehabilitation requirements for the above-referenced brownfield site and are released from any further obligation to conduct site rehabilitation at the brownfield site.

Based upon the information provided by Indian River Glass, aka RJS Investments of Central Florida (PRFBSR), concerning property located at 201 North Orange Street, New Smyrna Beach, Florida, it is the opinion of the Department that the PRFBSR has successfully and satisfactorily implemented the approved Brownfield Site Rehabilitation Agreement schedule and program tasks and, accordingly, no further action is required to assure that the land use of commercial/industrial identified in the Brownfield Site Rehabilitation Agreement is consistent with existing and proposed uses.

Further, in accordance with Chapter 376.82(3), Florida Statutes (F.S.), upon completion of site rehabilitation in compliance with Sections 376.77 – 376.85, F.S., additional site rehabilitation is not required unless it is demonstrated that:

(a) That fraud was committed in demonstrating site conditions or completion of site rehabilitation;

(b) That new information confirms the existence of an area of previously unknown contamination which exceeds the site-specific rehabilitation levels established in accordance with Section 376.81, F.S., or which otherwise poses the threat of real and substantial harm to public health, safety, or the environment in violation of the terms of Sections 376.77-376.85, F.S.;

(c) That the remediation efforts failed to achieve the site rehabilitation criteria established under Section 376.81, F.S.;

(d) That a new release occurs at the brownfield site subsequent to a determination of eligibility for participation in the brownfield program established under Section 376.80, F.S.

(3)

Page 3

Legal Issues

The Department’s Order shall become final unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57, F.S., within 21 days of receipt of this Order. The procedures for petitioning for a hearing are set forth below.

Persons affected by this Order have the following options:

A. If you choose to accept the Department’s decision regarding this SRCO you do not have to do anything. This Order is final and effective as of the date of clerking this Order.

B. If you choose to challenge the decision, you may do the following:

1. File a request for an extension of time to file a petition for hearing with the Department’s Agency Clerk in the Office of General Counsel within 21 days of receipt of this Order; such a request should be made if you wish to meet with the Department in an attempt to informally resolve any disputes without first filing a petition for hearing; or

2. File a petition for administrative hearing with the Department’s Agency Clerk in the Office of General Counsel within 21 days of receipt of this Order. Please be advised that mediation of this decision pursuant to Section 120.573, F.S., is not available.

How to Request an Extension of Time to File a Petition for Hearing

For good cause shown, pursuant to Rule 62-110.106(4), F.A.C., the Department may grant a request for an extension of time to file a petition for hearing. Such a request must be filed (received) by the Agency Clerk in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, 32399-3000, within 21 days of receipt of this Order. Petitioner, if different from the addressee, shall mail a copy of the request to Indian River Glass, aka RJS Investments of Central Florida, Attention: Mr. Robert J. Schaedel, 201 North Orange Street, New Smyrna Beach, Florida 32168 at the time of filing. Timely filing a request for an extension of time tolls the time period within which a petition for administrative hearing must be made.

How to File a Petition for Administrative Hearing

A person whose substantial interests are affected by this Order may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed (received) by the Agency Clerk in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida, 32399-3000, within 21 days of receipt of this Order. Petitioner, if different from Indian River Glass aka RJS Investments of Central Florida shall mail a copy of the petition to Indian River Glass, aka RJS Investments of Central Florida, Attention: Mr. Robert J.

(4)

Page 4

Schaedel, 201 North Orange Street, New Smyrna Beach, Florida 32168, at the time of filing. Failure to file a petition within this time period shall waive the right of anyone who may request an administrative hearing under Sections 120.569 and 120.57, F.S.

Pursuant to Subsection 120.569(2), F.S., and Rule 28-106.201, F.A.C., a petition for administrative hearing shall contain the following information.

a) The name, address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner’s representative, if any; the site owner’s name and address, if different from the petitioner; the Brownfield Site Identification Number; and the name and address of the facility;

b) A statement of when and how each petitioner received notice of the Department’s action or proposed action;

c) An explanation of how each petitioner’s substantial interests are or will be affected by the Department’s action or proposed action;

d) A statement of the disputed issues of material fact, or a statement that there are no disputed facts;

e) A statement of the ultimate facts alleged, including a statement of the specific facts the petitioner contends warrant reversal or modification of the Department’s action or proposed action;

f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the Department’s action or proposed action; and

g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Department’s action or proposed action.

This Order is final and effective as of the date of clerking this Order, which is indicated on the last page of this Order. Timely filing a petition for administrative hearing postpones the date this Order takes effect until the Department issues either a final order pursuant to an administrative hearing or an Order Responding to Supplemental Information provided to the Department pursuant to meetings with the Department.

Judicial Review

Any party to this Order has the right to seek judicial review of it under Section 120.68, F.S., by filing a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Agency Clerk of the Department in the Office of General Counsel, Mail Station 35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within thirty days after this order is filed with the clerk of the Department (see below).

(5)

Page 5

Questions

Any questions regarding the Department’s review of your July 8, 2010 Monitoring Well Abandonment Report or the April 15, 2010 “Site Rehabilitation Completion Report” should be directed to George Houston II, P.G. at 407-893-3331 or by email at

george.houston@dep.state.fl.us. Questions regarding legal issues should be referred to Stan Warden in the Department’s Office of General Counsel at 850 245-2285. Contact with any of the above does not constitute a petition for administrative hearing or request for an extension of time to file a petition for administrative hearing.

The FDEP Brownfield Site ID Number for this site is BF640901001. Please use this identification on all future correspondence with the Department.

Sincerely,

Vivian F. Garfein

Director, Central District October 13, 2010

Date VFG/gbl/gh

Attachments: Exhibit 1 – Site Location Map, Exhibit 2- Site Map

Exhibit 3 - Ground Water Analytical Summary Table

c: Jim Bowen - jpbowen@simsenv.com John Proffitt – u123@cfl.rr.com

Kim Walker, Brownfields Liaison, Tallahassee BWC

FILING AND ACKNOWLEDGMENT:

FILED, on this date, pursuant to Section120.52, F.S., with the designated Department Clerk, receipt of which is hereby acknowledged.

________________________________ October 13, 2010 Clerk (or Deputy Clerk) Date

(6)

29-1-20 N 29-1-20 N 29-1-40 N 29-1-40 N 29-1-30 N 29-1-30 N 80-55-30 W 80-55-30 W 80-55-20 W 80-55-20 W 80-55-40 W 80-55-40 W 80-55-10 W 80-55-10 W 80-55-50 W 80-55-50 W

Idian River Glass Brownfields Site

0 700 1400 2100 ft.

Legend

[Florida Department of Environmental Protection] Disclaimer: This map is intended for display purposes only. It was created using data from different sources collected at different scales, with different levels of accuracy, and/or covering different periods of time.

Notes: Map produced on Wed Sep 15 11:12:52 EDT 2010

Scale: 1:7,180 Map center: 698904, 561396

(7)

(8)

Contaminant Name Analytical Result (micrograms per liter) Detection Limit (micrograms per liter) Analyses Performed Chapter 62-777, F.A.C. Cleanup Target Level (micrograms per liter)

Cleanup Target Level from "Guidance for the Selection of Analytical Methods and for the Evaluation of Practical Quantitation

Limits" (micrograms per liter)

Site Specific Cleanup Target Levels (micrograms per liter),

if applicable

1-Methylnapthalene <0.48 0.48 EPA Method ₈₃₁₀ 28

2-Methylnapthalene <0.48 0.48 EPA Method ₈₃₁₀ 28

Project Name - Indian River Glass aka

RJS Investments of Central Florida Location - 201 North Orange Street, New Smyrna Beach, Florida,

*Note: The Analytical results presented in this table documents the highest concentrations that remain at the site.

Exhibit 3: Ground Water Analytical Summary

(9)

“More Protection, Less Process” www.dep.state.fl.us

CERTIFIED MAIL

91-7108-2133-3936-6357-2070

Mr. Robert J. Schaedel OCD-WCU-09-0501

Indian River Glass 201 North Orange Street New Smyrna Beach, FL 32168

Volusia County -- Waste Cleanup Indian River Glass

WCU Site Id No: COM_298145 BF No. BF640901001

Executed Brownfields Site Rehabilitation Agreement (BRSA)

Dear Mr. Schaedel:

Enclosed is an original, signed, and executed Brownfields Site Rehabilitation Agreement (BRSA) for your files.

Please note: For site rehabilitation cost Voluntary Cleanup Tax Credit applications, the annual application deadline is January 31, or the following business day, of the year following the calendar year for which an applicant is claiming site rehabilitation costs. Therefore, all 2009 calendar year costs (i.e., site rehabilitation conducted and paid for in 2009) must be claimed in an application submitted by February 1, 2010. No prior year costs can be claimed.

A copy of the Voluntary Cleanup Tax Credit Rule and application can be found here http://www.dep.state.fl.us/waste/categories/vctc/pages/publications.htm

If you have any questions, please contact me at (407) 893-3331 or by e-mail at george.houston@dep.state.fl.us.

Yours Truly,

George Houston II, P.G. Brownfields Coordinator Central District

GWH/gwh

Attachment: Executed BRSA c: Kim Walker – FDEP

Florida Department of

Environmental Protection

Central District

3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767 Charlie Crist Governor Jeff Kottkamp Lt. Governor Michael W. Sole Secretary November 06, 2009

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18)

(19)

(20)

(21)

(22)

(23)

(24)

(25)

(26)

(27)

(28)

(29)

(30)

(31)

(32)

(33)

(34)

(35)

(36)

(37)

(38)

(39)

(40)

(41)

(42)

(43)

(44)