Stormwater Considerations during Risk-Based Corrective Action

Zach Hammons – Hendry Marine IndustriesJacob T. Cremer, Esq. – Stearns Weaver MillerAaron Getchell, CPG, P.G. – Gannett Fleming

A Case Study Update for the Former TECO/Hookers Point Power Plant Brownfields Site

Florida’s 2018 Annual Brownfield ConferenceFlorida Brownfield Association

Daytona, Florida - October 1, 2018

IntroductionWhat does a family business founded in 1926, the Brownfields Program, and stormwater have in common?

Everything.

• Hendry Marine Industries history• Site (past, present, and future)• Assessment and remediation chronology• The stormwater/redevelopment paradox• The IC - uncoupling stormwater and

groundwater

University of South Florida Special Collections Library – April 1962

Hendry Marine Industries History

In 1926 the Hendry Corporation was founded by Captain F.M. Hendry

In 1942 the Hendry Corporation moved to the Westshore area and then to Port Tampa Bay to become the largest private landowner at the Port

Until 2016 land and sea maritime business operations was managed by the President of Hendry Corporation, Mr. Aaron Hendry (January 12, 1936 – October 3, 2016), a civil engineer with an MBA from University of Tampa

Site (Past Present and Future)• The site contains the footprint of the

former TECO/Hookers Point Power Plant Facility

• Approximately 32 acres• Constructed along Sparkman Channel in

1948• Burned fuel oil in five boilers to power

turbines for power generation• Power plant was only used during periods

of peak power usage after 1967• Power plant was “shuttered” in 1986 but

last used in the 2001 to 2003 timeframe1959

Site (Past Present and Future)

Business operations conducted from the site include: shipyard services (steel fabrication, crane service, marine electronics, diesel engine repair, and non-destruction testing), specialized mobile repair (hydraulic flushing and emergency repairs), and design and construction of complex marine structures

Site (Past Present and Future)• The property containing the former TECO

Hookers Point power plant is valuable to Hendry and was worth reinvesting resources to revitalize the property

• To expand business operations Hendry required additional adjoining land with frontage along the Sparkman Channel

• Negotiations for the adjoining Former TECO Hookers Point Power Plant property included environmental considerations

• The Brownfields process aligned with the project visioning of reinvesting in the property to create jobs and fight urban blight

Project Visioning

University of South Florida Special Collections Library – December 1965

Assessment and Remediation Chronology• Pre-purchase environmental due diligence began in 2004 with

Phase I and II ESAs• Brownfields Area Designation in 2006• Additional environmental due diligence to prepare for the

BSRA was conducted in 2007, BSRA executed in 2008• Twenty areas of concern were

identified at the site for further assessment - contaminants of concern exceeding SCTLs and/or GCTLs included: BTEX, PCBs, PAHs, TRPH, Arsenic, Lead, and Vanadium

Assessment and Remediation Chronology• AO-15 AKA Area-66 - good candidate for EC• AOC-19 Former Stack Area - good candidate IC

University of South Florida Special Collections Library – December 1982

Assessment and Remediation Chronology

April 2005, TECO places an IC on the site: “The groundwater beneath the Property shall not be withdrawn or used for any purpose except for groundwater testing”

November 2016, EPC approves an SRCR for closing site with NFA RMO III

March 2018, EPC approves SRCO and it is submitted to FDEP’s DBSP

The Stormwater/Redevelopment ParadoxNotable language in the FDEP Division of Waste Management IC Procedures Guidance dated March 2017:• Factors to consider“…potential for installation of new stormwater features or

enlargement of existing stormwater features at or near the affected property.”• Exposure routes to consider “…possibility of new stormwater features that

may affect groundwater flow.”

Surfacewater features can act as an exposure pathway if a contamination plume is hydraulically influenced by construction of a new stormwater feature.

Construction of a new stormwater feature may exacerbate the contamination plume or may cause the contamination plume to migrate to an unrestricted portion of land.

The Stormwater/Redevelopment Paradox• FDEP/EPC supports closure of the site with NFA RMO III• EC/ICs will be placed on the property• A stormwater restriction is associated with the groundwater IC• Additional stormwater restriction will be a burden to, and may hinder future

redevelopment (warehouse, paved yard, bulk storage) of the site• Design/construction of a stormwater system during a redevelopment project

at the site will be required by FDEP’s NPDES Stormwater Program• The purpose of Hendry Marine Industries enrolling the site in the Brownfields

Redevelopment Program was to redevelop of the site consistently with historic, current, and planned future land use

The IC-Uncoupling Stormwater and Groundwater Uncoupling stormwater and groundwater, rationale:• Impacted soil not leachable, evidenced by no

impacted groundwater• Active remediation addressed impacted soil

and groundwater to residential CTLs• Analytical data from sampling groundwater

“two cleans after a dirty”

Impacted groundwater buffer zone, rationale:• No ongoing source (operational, unsaturated,

secondary, or NAPL) within buffer zone• PCS-006 states a 30-ft stepouts for horizontal

delineation of groundwater impacts• Mann-Kendall plume stability analysis

University of South Florida Special Collections Library – April 1965

The IC-Uncoupling Stormwater and Groundwater

Sampling in 2018 indicated stormwater restrictions are needed around GFTW-5 and SL-24

Stormwater restrictions in area ofTECO easement

Stormwater restrictions inarea of EC

Stormwater restrictions inarea of vanadium plume

Conclusions• Assessment and remediation to risk-based criteria can effectively manage

the human exposure pathway and potential receptors at an industrial site.• The storwater/groundwater paradox must be addressed before the SCRO is

finalized• Uncoupling stormwater restrictions from a groundwater restriction is

possible with data evaluation • The IC must reflect, in detail, the extent of the stormwater restrictions to

prevent exacerbating contamination or impacting surface water bodies

Thank you for your attention!Questions?