SUBJECT
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Approve the short form consent agreement (OGC File No. 26-0462) with the Florida Department of Environmental Protection (FDEP) to resolve a County self-reported sanitary sewer overflow incident. ($56,773.50 not-to-exceed, one-time expense)
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DESCRIPTION
On November 22, 2025, a force main near Champions Gate Blvd within the Northeast Regional Utility Service Area (NERUSA) in Davenport, ruptured due to a split in the force main. Inspection reports identified the cause of the split was pipe deflection during the initial construction or subsequent modifications to the system. Approximately 5,400,000 gallons of raw wastewater were discharged. Remediation efforts included diverting wastewater to a County-owned stormwater holding pond, posting signs for notification of the spill, removing 2,678,400 gallons from the wetland system initially impacted and 2,160,000 gallons from the stormwater pond. The total amount recovered from both sites totaled 4,838,400 gallons.
Polk County Utilities was in the process of replacing 3,000 ft. of 24-inch force main that were found to use defective construction or deflection of the pipe during or after installation. Until the force main is complete, PCU is storing piping and appurtenances needed to divert flow quickly to improve response time.
The FDEP has provided the proposed agreement to resolve the matter. Under the agreement the County could elect to expend the sum of $56,773.50 (one and one-half times a potential civil penalty) on an in-kind project and $250.00 in FDEP costs and expenses to fully resolve the matter. The County’s acceptance of the FDEP’s offer is not an admission of liability for a violation but is an acknowledgement of the potential harm a large sanitary sewer overflow could have on the environment and public health.
RECOMMENDATION
Recommend approval of the proposed FDEP agreement (OGC File No. 26-0462) at a not-to-exceed, one-time expense of $56,773.50.
FISCAL IMPACT
Funding is available in the Utilities Regulatory Affairs budget within the Utilities Operating fund for FY 25/26.
CONTACT INFORMATION
Name: Krystal Azzarella
Title: Environmental Affairs Manager
Division: Utilities
Phone: (863) 298-4195
E-mail Address: KrystalAzzarella@polkfl.gov
Name: Jim Tully, P.E.
Title: CIP Manager
Division: Utilities
Phone: (863) 298-4214
E-mail Address: JamesTully@polkfl.gov