Exhibit 5
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An application will not be deemed completed and processed until all required documents and fees are received.
A separate application must be filed for each type of franchise Applicant wishes to apply for.
STEVEDORE
STEAMSHIP AGENT
CHECK ONE
CARGO HANDLER
TUGBOAT & TOWING
X VESSEL OILY WASTE REMOVAL
VESSEL BUNKERING
VESSEL SANITARY WASTE WATER REMOVAL
Note: Applicant is defined as the legal entity applying for the franchise. All information contained in this
application shall apply only to the Applicant, not to any parent, affiliate, or subsidiary entities.
Applicant's
Name Triumvirate Environmental (Florida) Inc.
(Name as it appears on the certificate of incorporation, charter, by-laws, or other official document)
Ap pI icant' s Business Address
,_37.c:O"'l'-"'S-'-WL24.L7'_hLA'-'v'-"e'-'S'-'t"'lit'-'e'-"l'-'0'""9c___ _ _---"D"'a-'-v1'-e"--"--F"'
'. L'-'3'-=3'-"3-'-124
Number I
Street
Phone# (954) 583-3795 _______ E-mail address
City/State/Zip
[email protected]
Fax#: (954) 583-8017
Name of the person authorized to bind the Applicant
(This person's signature must appear on Page 10.)
Name James Green
Title Vice President, Florida
App li cant's Business Address
,.37.c:O"'l'-"'SW_,_,_24.L7'_hLA,_,v"'e'-'S,_,t;clit'-'e'-'l'-"0'""9c___ _ _---"D'-"alvl".e"--'-F"'L'-'3"'3"'3-'-124
Number I
Street
Phone# (954) 583-3795 _ _ _ _ _ _ _ E-mail address
City/StatelZip
[email protected]
Fax#: (954) 583-8017
Provide the Name and Contact Infonnation of Applicant's Representative to whom questions about
this application are to be directed: (if different from the person authorized to bind the Applicant)
Representative's Name John Wyluda
Representative's Title Compliance and Lab Services Coordinator
1
Represen tali ve' s Business Address,_37.c:O"ci'-'<S-'-WL24.L7_hLA,_,v"'e'-'S'-'u"-it'-'ec.Jl._,0!.29c___ _ _---"D'-"alvl".c"--'-F'=L'-'3'-"3'-"3-'-124
Number I
Street
City/State/Zip
Phone# (954) 583-3795
Representative's E-mail address [email protected]
Fax#: (954) 583-8017
I
PLEASE COMPLETE THIS APPLICATION AND LABEL ALL REQUIRED BACKUP DOCUMENTATION
TO CLEARLY IDENTIFY THE SECTION OF THE APPLICATION TO WHICH THE DOCUMENTATION
APPLIES (I.E .. , SECTION A, B, C, etc.).
Section A
I. List the name(s) of Applicant's officers including CEO, COO, CFO, director(s), member(s),
partner(s), shareholder(s), principal(s), employee(s), agents, and local representative(s) active in
the management of the Applicant.
Officers:
Title Vice President, Florida
First Name James _ _ _ _ _ _ _ _ _ Middle Name _ __
Last Name Green_---::-=c,----::c::-:--,-::;r,-:---:::--:Business Street Address3701 SW 47 1h Ave Suite 109
City, State, Zip Code._,D,.,a"-'v'-"ie":',-'.F~L,__,3'--"3'-"3'-'-12
4 _ _ _ _----=:--~---:---,-----:
Phone Number (954)583-3795 --c-------::::-:-: Fax Number (
)
Email Address
jgreen_@ triumvirate.com _ _ __
Title Executive Vice President
First Name T~ho,_,t'""n~as~--------- Middle Name _ __
Last Name "'A"'ic"'a,_rd"'i, _ _ _ _ _ _ _ __
Business Street Address 200 lnnerbelt Road
City, State, Zip Code Somerville, MA 02143
Phone Number (617) 921-4411 _ _--=---,---~- Fax Number (
)
Email Address
T Aicardi@ triumvirate. com _ _ __
Title Chief Operating Officer
Middle Name _ __
First Name Douglas
Last Name Youngen ------,-,-------,Business Street Address 200 Innerbelt Road
City, State, Zip Code ,.S-"o"-m"'e"-rv'-'i-'-'ll""e,'-'M""'-A'-0"'2"'1c::4"3'--------Phone Number (617) 628-8098 _ _ _ _ _=-_ Fax Number (
)
Dyoungen@ triumvirate.com_.
Email Address
~-------
Title Chief Financial Officer
First Name William
Last Name Lyons,--_ _ _ _ _ _ _ __
Middle Name _ __
200 Innerbelt Road ---::c---=----=-::-:---:::-:::-:-:-::--------City, State, Zip Code ,S""om"'-"er,_,v"'il"'le"'",""'M"'A-'--"0"'-2-'-'14"'3c _ _ _ _ _--c-_ _
Phone Number (617) 628-8098 _ _ _ _ _=-:::- Fax Number (
)
WLyons@ triumvirate.com _.
Email Address
Title President and Chief Executive Officer
First Name John
Middle Name- - Last Name McQuillan _ _ _ _ _ _ __
200 lnnerbelt Road
City, State, Zip Code ':'S""o":m'.'ee"::rv,_,i""ll"'e,'-'M""'-A"-0"'2"-c1.__4'""3'---=-----=:----:----:---:
Phone Number (617) 429-8945
Fax Number (
)
Email Address _ _ [email protected]
----,---~~~~----=--------
2
Title General Manager
Middle Name _ __
First Name John
Last Name Lennon
3670 SW 47'h Ave - - - - - - - - - City, State, Zip Code 370 I SW 4 7'' Ave Suite 109
Phone Number (954)583-3795
Fax Number ( _)
Email Address_ [email protected] _
Attach additional sheets if necessary.
1. RESUMES: Provide a resume for each officer, director, member, partner, shareholder,
principal, employee, agent, and local representative(s) active in the management of the
Applicant, as listed above.
See Attached 2-B; 2-C; 2-D
2-A
Section B
1. Place checkrnark to describe the Applicant:
()Sole Proprietorship (x) Corporation ()Partnership ()Joint Venture ()Limited Liability Company
2. Provide copies of the documents filed at the time the Applicant was formed including Articles of
Incorporation (if a corporation); Articles of Organization (if an LLC); or Certificate of Limited
Partnership or Limited Liability Limited Partnership (if a partnership). If the Applicant was not
fonned in the State of Florida, provide a copy of the documents demonstrating that the
Applicant is authorized to conduct business in the State of Florida.
See 3-A through 3-D
Section C
l. Has there been any change in the ownership of the Applicant within the last five (5) years? (e.g.,
any transfer of interest to another party)
Yes_X_ No_ If "Yes," please provide details in the space provided. Attach additional sheets
if necessary.
Perma-Fix ofFort Lauderdale Inc., (Perm a-Fix) was purchased by Triumvirate Environmental
(Florida) Inc., on August 12, 2011. See Articles ofIncorporation.
2. Has there been any name change of the Applicant or has the Applicant operated under a
different name within the last five (5) years?
Yes_X_ No_ If "Yes," please provide details in the space provided, including: Prior name(s)
and Date of name change(s) filed with the State of Florida's Division of Corporations or other
applicable state agency. Attach additional sheets if necessary.
Perma-Fix ofFort Lauderdale Inc., (Perma-Fix) changed the name to Triumvirate
Environmental (Florida) Inc. and the name change was filed with the Florida Division of
Corporations on August 10, 2011. The amended articles were .filed on August 12, 2011
3. Has there been any change in the officers, directors, executives, partners, shareholders, or
members of the Applicant within the past five (5) years?
Yes_X_ No_ If "Yes," please provide details in the space provided, including:
Prior officers, directors, executives, partners, shareholders, members
Name(s) Louis Centofanti, President, and Ben Naccarato, Vice President _
New officers, directors, executives, partners, shareholders, members
Name(s) Triumvirate Environmental employees- John McQuillan, President and CEO;
William Lyons, CFO; Douglas Youngin, COO; James Green, Vice President, Florida
Also supply documentation evidencing the changes including resolution or minutes appointing
new officers, list of new p1incipals with titles and contact information, and effective date of
changes. Attach additional sheets if necessary.
The change occurred during the name change on August 10, 2011 during the incorporation. See
Articles ofIncorporation WHICH WERE FILED ON August 12, 2011
Section D
Provide copies of all fictitious name registrations filed by the Applicant with the State of Florida's
Division of Corporations or other State agencies. If none, indicate "None" None_.
3
Section E
I. Has the Applicant acquired another business entity within the last five (5) years?
Yes_X_ No_lf "Yes," please provide the full legal name of any business entity which the
Applicant acquired during the last five (5) years which engaged in a similar business activity as
the business activity which is the subject of this Port Everglades Franchise Application.
If none, indicate "None"_ _ __
Triumvirate Environmental (Florida) Inc. acquired Penna-Fix ofFort Lauderdale. This is the
first time that Triumvirate Environmental existed in Florida. See Articles ofincO!poration.
2. Indicate in the space provided the date of the acquisition and whether the acquisition was by a
stock purchase or asset purchase and whether the Applicant herein is relying on the background
and history of the acquired firm's officers, managers, employees and/or the acquired firm's
business reputation in the industry to describe the Applicant's experience or previous business
history. Attach additional sheets if necessary.
Perma-Fix ofFort Lauderdale Inc., (Penna-Fix) changed the name to Triumvirate
Environmental (Florida) Inc. and the name change was filed with the Florida Division of
Corporations on August 10, 2011. The amended articles were filed on August I 2, 20 I I. The
acquisition was by a stock purchase agreement dated June I 3, 20I I.
The Applicant, Triumvirate Environmental (Florida), is relying on the acquired firm's
managers, employees and the acquired firm's reputation in the indust1y to describe the
Applicant's experience. The Applicant, Triumvirate Environmental (Florida), is also relying on
the credit, reputation, and executive management ofTriwnvirate Environmental. The officers
are: John McQuillan, President and CEO; William Lyons, CFO; Douglas Youngin, COO;
James Green, Vice President, Florida.
3. Has the Applicant been acquired by another business entity within the last five (5) years?
Yes_ No_X_ If"Yes," provide the full legal name of any business entity which acquired the
Applicant during the last five (5) years which engaged in a similar business activity as the
business activity which is the subject of this Port Everglades Franchise Application.
If none, indicate "None" None .
4. Indicate in the space provided the date of the acquisition and whether the acquisition was by a
stock purchase or asset purchase and whether the Applicant herein is relying on the background
and history of the parent firm's officers, managers, employees and/or the parent firm's business
reputation in the industry to describe the Applicant's experience or previous business history.
Attach additional sheets if necessary. None
Section F
Provide the Applicant's previous business history, including length of time in the same or similar
business activities as planned at Port Everglades.
See Attached 4A
Section G
I. Provide a list of the Applicant's current managerial employees, including supervisors,
superintendents, and forepersons.
See Attached- 4B
2. List the previous work history/experience of the Applicant's current managerial employees,
including their active involvement in seaports and length of time in the same or similar
business activities as planned at Port Everglades.
See Attached: 4B- 4C
4
Section H
List all seaports, including Port Everglades (if application is for renewal), where the Applicant is
currently perfonning the services/operation which is the subject of this Franchise application. Use
this form for each seaport listed. Photocopy additional pages as needed (one page for each
seaport listed).
If none, state "None" _ _ _ _ _ _ __
Seaport Port Everglades ________ Number of Years Operating at this Seaport 18
List below all of the Applicant's Clients for which it provides services at the seaport listed above.
C 1entName (C ompany)
Royal Caribbean
Number of Years Applicant has Provided
·
· cr1ent
Services
to t1us
13
Celebrity Cruise Lines
7
5
Section H
List all seaports, including Port Everglades (if application is for renewal), where the Applicant is
currently performing the services/operation which is the subject of this Franchise application.
Use this form for each seaport listed. Photocopy additional pages as needed (one page for
each seaport listed).
If none, state "None"
-------
Seaport Port of Tampa _________Number of Years Operating at this Seaport 10
L.IS! b e Iow a llfhAI"
o t e tppl!cant ' s cr1ents fior w 1c 1l prov1 es serv1ces at the seapmi I"1sted
Client Name (Company)
Royal Caribbean Cruise Lines
Celebrity Cruise Lines
Number of Years Applicant has
Provided Services to this Client
10
10
S-A
Section H
List all seaports, including Port Everglades (if application is for renewal), where the Applicant is
currently perfonning the services/operation which is the subject of this Franchise application.
Use this form for each seaport listed. Photocopy additional pages as needed (one page for
each seaport listed).
If none, state "None" _ _ _ _ _ __
Seaport Port of Miami
Number of Years Operating at this Seaport 18
L.IS t b eIow a ll 0 f tl1e A\ppncan
r t' s cr1ents ±1or wh.1cI1 1•.t prov1"des services at th e seapo rtl"td
IS e
Client Name (Company)
Royal Caribbean Cruise Lines
Celebrity Cruise Lines
Presitge
Number of Years Applicant has
Provided Services to this Client
18
15
2
5-B
Section H
List all seaports, including Port Everglades (if application is for renewal), where the Applicant is
currently performing the services/operation which is the subject of this Franchise application.
Use this form for each seaport listed. Photocopy additional pages as needed (one page for
each seaport listed).
If none, state "None" _ _ _ _ _ __
Seaport Port of Canaveral ________ Number of Years Operating at this Seaport 18
. h 1't• provi'd es services at th e seapo rtl'ISled
L'IS t b eIow all 0 fth e AtPPIICan
I'
t' s Cl'Ients fior wIuc
Client Name {Company)
Royal Caribbean Cruise Lines
Princess Cruise Lines
Number of Years Applicant has
Provided Services to this Client
18
9
5-C
Section I
I. Provide a description of all past (within the last five (5) years) and pending litigation and legal
claims where the Applicant is a named party, whether in the State of Florida or in another
jurisdiction, involving allegations that Applicant has violated or otherwise failed to comply with
environmental laws, rules, or regulations or committed a public entity crime as defined by
Chapter 287, Florida Statutes, or theft-related crime such as fraud, bribery, smuggling,
embezzlement or misappropriation of funds or acts of moral turpitude, meaning conduct or acts
that tend to degrade persons in society or ridicule public morals.
The description must include all of the following:
a) The case title and docket number
b) The name and location of the court before which it is pending or was heard
c) The identification of all parties to the litigation
d) General nature of all claims being made
If none, indicate "None"
NONE.
2. Indicate whether in the last five (5) years the Applicant or an officer, director, executive, partner,
or a shareholder, employee or agent who is or was (during the time period in which the illegal
conduct or activity took place) active in the management of the Applicant was charged,
indicted, found guilty or convicted of illegal conduct or activity (with or without an adjudication
of guilt) as a result of a jury verdict, nonjury trial, entry of a plea of guilty or nolo contendere
where the illegal conduct or activity (I) is considered to be a public entity crime as defined by
Chapter 287, Florida Statutes, as amended from time to time, or (2) is customarily considered to
be a white-collar crime or theft-related crime such as fraud, smuggling, bribery, embezzlement,
or misappropriation of funds, etc. or (3) results in a felony conviction where the crime is
directly related to the business activities for which the franchise is sought.
Yes
No
X
If you responded "Yes," please provide all of the following information for each indictment, charge,
or conviction:
a) A description of the case style and docket number
b) The nature of the charge or indictment
c) Date of the charge or indictment
d) Location of the court before which the proceeding is pending or was heard
e) The disposition (e.g., convicted, acquitted, dismissed, etc.)
f) Any sentence imposed
g) Any evidence which the County (in its discretion) may determine that the Applicant and/or
person found guilty or convicted of illegal conduct or activity has conducted itself, himself or
herself in a manner as to watTant the granting or renewal of the franchise.
Section J
The Applicant must provide a cutTen! certificate(s) of insurance. Franchise insurance requirements
are determined by Broward County's Risk Management Division and are contained in the Port
Everglades Tariff No. 12 as amended, revised or reissued from time to time. The Port Everglades
Tariff is contained in the Broward County Administrative Code, Chapter 42, and is available for
inspection on line at: http//:www:broward.org/port/tariff.
See 6A-6E
6
Section K
I. The Applicant must provide its most recent audited or reviewed financial statements prepared in
accordance with generally accepted accounting principles, or other documents and information
which demonstrate the Applicant's creditworthiness, financial responsibility, and resources,
which the Port will consider in evaluating the Applicant's financial responsibility.
See Attached pages K-1 through K-36
2. Has the Applicant or entity acquired by Applicant (discussed in Section E herein) sought relief
under any provision of the Federal Bankmptcy Code or under any state insolvency law filed by
or against it within the last five (5) year petiod?
Yes
No X
If "Yes," please provide the following information for each bankmptcy or insolvency
proceeding:
a) Date petition was filed or relief sought
b) Title of case and docket number
c) N arne and address of court or agency
d) Nature of judgment or relief
e) Date entered
3. Has any receiver, fiscal agent, tmstee, reorganization trustee, or similar officer been appointed in
the last five (5) year period by a court for the business or property of the Applicant?
Yes
No X
If "Yes," please provide the following infonnation for each appointment:
a) Name of person appointed
b) Date appointed
c) Name and address of court
d) Reason for appointment
4. Has any receiver, fiscal agent, tmstee, reorganization tmstee, or similar officer been appointed in
the last five (5) year period by a court for any entity, business, or property acquired by the
Applicant?
Yes
No X
If "Yes," please provide the following infonnation for each appointment:
a) N arne of person appointed
b) Date appointed
c) N arne and address of court
d) Reason for appointment
Section L
List four (4) credit references for the Applicant, one of which must be a bank. Use this fonnat:
Name of Reference Webster Bank
Nature of Business Financial Services
Contact Name Debra J. Depalla
Title
Legal Business Street Address 100 Franklin Street _ _ _ _ _ _ _ _ _ _ _ _ __
City, State, Zip Code Boston, MA 02110 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Phone Number (617) 717-6841
(Provide on a separate sheet.)
7
Section M
I. Security: Pursuant to Pot1 Everglades Tariff 12, Item 960, all Franchisees are required to
fumish an Indemnity and Payment Bond or Irrevocable Letter of Credit drawn on a U.S. bank in
a format and an amount not less than $20,000 as required by Broward County Port Everglades
Department.
2. Has the Applicant been denied a bond or letter of credit within the past five ( 5) years?
Yes
No X
If "Yes," please provide a summary explanation in the space provided of why the Applicant was
denied. Use additional sheets if necessary.
Section N
I. Provide a list and description of all equipment cun·ently owned and/or leased by the Applicant
and intended to be used by the Applicant for the type of service(s) intended to be perfonned at
Port Everglades including the age, type of equipment and model number. See 8A
2. Identify the type of fuel used for each piece of equipment. See 8A
3. Indicate which equipment, if any, is to be domiciled at Port Everglades. See 8A
4. Will all equipment operators be employees of the Applicant, on the payroll of the Applicant,
with wages, taxes, benefits, and insurance paid by the Applicant?
Yes X No
If "No," please explain in the space provided who will operate the equipment and pay wages,
taxes, benefits, and insurance, if the franchise is granted. Use additional sheets if necessary.
Section 0
Provide a copy of the Applicant's current Broward County Business Tax Receipt (formerly
Occupational License).
See Attached 8K
Section P
I. Provide a copy of Applicant's safety program.
2. Provide a copy of Applicant's substance abuse policy.
3. Provide a copy of Applicant's employee job training program/policy.
4. Provide information regarding frequency of training.
5. Include equipment operator cet1ificates, if any.
See Attached 8C-J
8
Section Q
I. Has the Applicant received within the past five (5) years or does the Applicant have pending any
or
local
citations, notices of violations, warning notices, or fines from any federal, state,
enviromnental regnlatory agencies?
Yes X No
2. Has the Applicant received within the past five (5) years or does the Applicant have pending any
citations, notices of violations, warning notices, or civil penalties from the U.S. Coast Guard?
Yes- No-X
3. Has the Applicant received within the past five (5) years or does the Applicant have pending any
citations, notices of violations, warning notices, or fines from the Occupational Safety and
Health Administration?
Yes
No X
If you responded "Yes" to any of this section's questions I, 2, or 3 above, please provide a detailed
summary for each question containing the following infonnation:
a) Name and address of the agency issuing the citation or notice
b) Date of the notice
c) Nature of the violation
d) Copies of the infraction notice(s) from the agency
e) Disposition of case
f) Amount of fines, if any
g) Conective action taken
Attach copies of all citations, notices of violations, warning notices, civil penalties and fines issued
by local, state, and federal regnlatory agencies, all related conespondence, and proof of payment of
fines.
See 9-B
4. Provide a statement (and/or documentation) which describes the Applicant's commitment to
enviromnental protection, enviromnental maintenance, and environmental enhancement in the
Port.
Triumvirate is committed to the protection of the environment. Oily wastes collected ji-mn these
vessels are recycled into ji1el products that are completely reusable in aftermarkets. All Triumvirate
vehicles preforming oily waste transfers in The Port are equipped with spill equipment and
absorbents to maintain cleanliness during transfer operations.
Section R
Provide written evidence of Applicant's ability to promote and develop growth in the business
activities, projects or facilities of Port Everglades through its provision of the services (i.e.,
stevedore, cargo handler or steamship agent) it seeks to perform at Port Everglades. For first-time
applicants (stevedore, cargo handler and steamship agent), the written evidence must demonstrate
Applicant's ability to attract and retain new business such that, Broward County may detennine in
its discretion that the franchise is in the best interests of the operation and promotion of the port and
harbor facilities. The tenn "new business" is defined in Chapter 32, Part II of the Broward County
Administrative Code as may be amended from time to time.
9
Section Q
If you responded "Yes" to any of this section's questions I, 2, or 3 above, please provide a detailed
summary for each question containing the following infonnation:
a) Name and address of the agency issuing the citation or notice
Florida Department of Environmental Protection
b) Date of the notice
11/912011
c) Nature of the violation
Manifest Discrepancies; Failure to properly label Universal Waste Lamps, Hazardous Waste
Transporter Requirements
d) Copies of the infraction notice(s) from the agency
See Q3-Q15
e) Disposition of case
Fine ji-om Florida DEP
f) Amount offines, if any
$5,000
g) Corrective action taken
Ql-Q3, closed 317/2012 see page 9B-1
Attach copies of all citations, notices of violations, waming notices, civil penalties and fines issued
by local, state, and federal regulatory agencies, all related correspondence, and proof of payment of
fines. Ql-QJ5; 9B-1
Section R
Triumvirate Environmental (Florida) Inc., firmly believes in our ability to develop and
promote growth in Port Everglades. As the growth of The Port continues with the arrival of nwre
ships andji-eighters, so does the need for oily waste and oily water removalji'Oin these vessels.
Triumvirate is prepared for the fillure with our fleet of trucks and 358,000 gallon tank farm located
in Davie, Florida. We believe that it is in the best interest of the countyfor Triumvirate to provide
services to these vessels through this type of a franchise.
in addition, Triumvirate is committed to the protection of the environment. Oily wastes
collected from these vessels are recycled into file! products that are completely reusable in
aftermarkets. All Triumvirate vehicles preforming oily waste transfers in The Port are equipped with
spill equipment and absorbents to maintain cleanliness during transfer operations.
9-A
By signing and submitting this application, Applicant certifies that it has read and
understands the governing rules and regulations for a franchise as provided in Chapter
32, Part II, of the Broward County Administrative Code as amended. For additional
infmmation, visit: http://www.municode.com/resources/gateway.asp?pid= 13528&sid=9.
By signing and submitting this application, Applicant certifies that all infonnation
provided in this application is true and correct and further, understands that providing
false or misleading infonnation on this application may result in the franchise
application being denied , or in instances of renewal, a franchise revoked. Applicant
hereby waives any and all claims for any damages resulting to the Applicant from any
disclosure or publication in any manner of any material or infmmation acquired by
Broward County during the franchise application process or during any mquiries,
investigations, or public hearings.
The individual executing this application personally warrants that slhe has the full
binding authotity to execute this application on behalf of the Applicant. Applicant
further understands that if there are any changes to the infonnation provided herein
(subsequent to this application submission) and/or to its officers, directors, senior
management personnel and/or in its business operation as stated in this application,
Applicant agrees to provide such updated information to the Port Everglades
Department of Broward County including the furnishing of the names, addresses (and
other infmmation as required above) with respect to persons becoming associated with
Applicant after its franchise application is submitted and any other required
documentation requested by Port Everglades Department staff as relating to the
changes in the business operation. This infonnation must be submitted within ten (I 0)
calendar days from the date of any change made by the Applicant.
Applicant certifies that all workers perfonning functions for Applicant who are subject
to the Longshore and Harbor Workers' Act are covered by Longshore and Harbor
Workers' Act, Jones Act Insurance, as required by federal law.
By signing and submitting this application, Applicant authorizes the Pmi Everglades
Department of Broward County to make any inquiry or investigation it deems
appropriate to verify or augment the infonnation contained in this application, and
authorizes others to release to the Port Everglades Department of Broward County any
and all infonnation sought in such inquiry. Applicant further understands that under the
laws of the State of Florida, this application is subject to the Florida Public Records
Act (Chapter 119, Florida Statutes) as rna):: e amended .
Signature of Applican '
Representative _ _ -rr-~"---""'--..-'-+----t+------Date Signed 7/22/2013
Signature name and title- typed or printed: James Green, Vice President, Florida
Witness Signature(*Required*)
Witness name-typed or printed
Witness Signature (*Required*)
Witness name-typed or printed
~ ~A
PaJaMa L. .e .D oax.
()k ~ .&..!'(\
R0'5 \D Q~- Y\
If a franchise is granted, all official notices/correspondence should be sent to :
Name John "Shawn" Lennon
Title General Manager
Address 3670 SW 47 111 Ave Davie, FL 33314
Phone (954) 583-3795
10
If you have checked an Applicant box for VESSEL BUNKERING, OR VESSEL OILY WASTE
REMOVAL, OR VESSEL SANITARY WASTE WATER REMOVAL, then the following additional
infonnation is required:
DESSEL BUNKERING
Section T- A Letter of Adequacy from the U.S. Coast Guard and a copy of the applicant's operations
manual approved by the U.S. Coast Guard.
Section V-A copy of the applicant's Oil Spill Contingency Plan for Marine Transportation Related Facilities
approved by the U.S. Coast Guard.
Section W- A Tem1inal Facility Discharge Prevention and Response Certificate with a copy of an approved
Oil Spill Contingency Plan from the Florida Dept. of Environmental Protection.
Section Z- An approved Discharge Cleanup Organization Certificate from the Florida Dept. of
Environmental Protection which has been issued to the applicant or to its cleanup contractor with a copy of
the cleanup contract showing the expiration date.
X
~ESSELOILYWASTEREMOVAL
Section S - Certificate of Adequacy in compliance with the Directives of MARPOL 73175 and 33
CFR 158, if applicable.
Section T- A Letter of Adequacy from the U.S. Coast Guard and a copy of the Applicant's operations
manual approved by the U.S. Coast Guard.
Section U- A Waste Transporter License from the Broward County Environmental Protection Department
identifying the nature of the discarded hazardous (or non-hazardous) material to be transported.
Section V- A copy of the Applicant's Oil Spill Contingency Plan for Marine Transportation Related
Facilities approved by the U.S. Coast Guard.
Section W- A Terminal Facility Discharge Prevention and Response Certificate with a copy of an approved
Oil Spill Contingency Plan from the Florida Dept. of Environmental Protection.
Section X- A Used Oil Collector, Transporter, and Recycler Certificate from the Florida Dept. of
Environmental Protection.
Section Y- An Identification Certificate from the U.S. Environmental Protection Agency.
Section Z- An approved Discharge Cleanup Organization Certificate from the Florida Dept. of
Enviromnental Protection which has been issued to the Applicant or to its cleanup contractor with a copy of
the cleanup contract showing the expiration date.
~SSEL SANITARY WASTE WATER REMOVAL
Section U- A Waste Transporter License from the Broward County Environmental Protection
Department identifying the nature of the discarded hazardous (or non-hazardous) material to be transported.
Section Zl- A copy of the Applicant's operations manual.
Section Z2- A Septage Receiving Facility Waste Hauler Discharge Permit from the Broward County Water
and Wastewater Services Operations Division.
11
Section A.1
James F. Green
Vice President South East Region
617-413-3639
[email protected]
As vice president, Jim manages Triumvirate's South-East region and is responsible for the development and
implementation of innovative environmental service solutions. This includes the processing and recycling of over
3,000,000 gallons per year of oil and water and the operations of a Part-B-remitted facility in Orlando, Florida.
Additionally, Jim manages over 20 field personnel and ensures operational efficiency, productivity, and success.
This includes mentoring, developing, and coaching other managers and team members, as well as overseeing
branch compliance with local, state, and federal environmental, OSHA, DOT, labor, and other regulations. Jim
ensures that Triumvirate's culture, core beliefs, and policies are being followed, and he represents the organization
at client, government1 community, and other related events. He has been with Triumvirate since 2008.
Jim draws from over 30 years of experience within the environmental services industry and has been involved in
various remediation projects, hazardous and non-hazardous waste management, laboratory packs and
sustainability initiatives.
Jim holds a B.A. in Biochemistry from Clark University, as well as a M.S. in Medical Chemistry, from Northeastern
University, and a PhD candidacy at Northeastern University.
Thomas J. Aicardi
Executive Vice President
617-921-4411
[email protected]
Tom is the executive vice president of Triumvirate and oversees the company's business strategy. He works to
ensure that we have a focused strategy, clear mission, and that we invest in our people and hire the best.
Tom began his career at Triumvirate in 1988, as one of six employees. He was responsible for the higher education
niche and introducing our on-site support program, first used at Harvard University. Tom's strengths include
knowing that, in servicing our clients, one size does not fit all. His core belief is to hire the best employees, train
them, and have them WOW! our clients. He has mentored more than 100 employees at Triumvirate.
Tom forges many of our client relationships and develops long-term partnerships that fulfill our clients' needs. He
ensures that Triumvirate maintains its position as the leading environmental services provider.
Tom is a registered environmental manager and holds a business management degree from Curry College in
Massachusetts. He has attended the Center for Management Research Programs on Leadership for Senior
Executives, MIT, the Sloan School of Management, and the Greater Boston Executive Program in Business
Management.
2-B
Doug W. Youngen
Chief Operating Officer
(617) 628-8098
[email protected]
Doug manages Triumvirate Environmental' s day-to-day operations. He oversees various departments, including
Operations, Information Technology, Marketing, Compliance, Human Resources, and Finance. He develops firm
policies, employee benefits, facility relationships, and supervises all office management.
Doug has extensive training in both professional development and emotional intelligence. He has taught numerous
internal and external courses and seminars on these subjects. Doug has a passion for soft skills in the workplace,
and as a result, has spent much of his time ensuring that his employees demonstrate not only IQ, but EQ as well.
Doug has a bachelor's degree in biochemistry and economics from Bowdoin College, and is a graduate of the MIT
Sloan School Executive Management Program. He is a member of Triumvirate's executive team, spearheads the
training and management programs, and serves on the Board of Directors for the Environmental Business Council
of New England.
Bill Lyons
Controller
(617) 447-1006
[email protected]
Bill is the controller at Triumvirate Environmental and manages the company's financial and accounting activities.
In addition to the accounting and finance functions Bill has had significant experience and exposure with mergers
and acquisition integration as well as systems enhancements and conversions.
Bill has worked for a range of companies from venture capital start-ups to Fortune 100 firms (NEC, Shaw Group,
Intel, and Exxon Mobil). He holds significant experience in various industries including: technology, manufacturing,
construction, petrochemical, biotech and software.
Bill received his Bachelor of Science from Providence College in Rl, and his Master of Accountancy from Suffolk
University in Boston. He holds a CPA license.
2-C
John F McQuillan, Jr.
President and Chief Executive Officer
617-628-8098
[email protected]
John McQuillan serves as the president and CEO of Triumvirate, advisor to life sciences, teaching hospitals, Fortune
500 companies, and universities. Under his leadership, Triumvirate has developed and implemented more than
50,000 complex environmental solutions, benefitting over $200 billion in customer assets.
Mr. McQuillan serves or has served as director, trustee, or patron for more than fifty mission-driven organizations,
concentrated in the areas of: excellence in transportation, health care and education; sustainable workforce
development; and protection of the environment. He holds a bachelor degree from Bowdoin College, and master
degree from Harvard University.
John Lennon, Jr.
General Manager
954-583-3795
[email protected]
John Lennon serves at the General Manager of Triumvirate Environmental (Florida) and is responsible for
profit/losses, compliance, operations, sales and personnel. In his current role John ensures that the largest clients
are being serviced at the highest level, and that the all of the employees are exhibiting the WoW level of service.
John has been in the waste oil and waste disposal industry since 1975. For ten years John owned and operated an
oil truck disposal and delivery service in New England. From 1985 to date John has worked at the facility that is
currently Triumvirate Environmental (Florida). During his tenure before his role as General Manager John had been
in charge of Product Sales and Service, Sales Manager, and Operations Manager.
2-D
Detail by Entity Name
Page 1 of3
Section B
Detail by Entity Name
Florida Profit Corporation
TRIUMVIRATE ENVIRONMENTAL (FLORIDA), INC.
Filina Information
Document Number
FEI/EIN Number
Date Filed
State
Status
Effective Date
Last Event
Event Date Filed
Event Effective Date
H38590
592480377
01/18/1985
FL
ACTIVE
01/15/1985
REINSTATEMENT
10/17/2012
NONE
Principal Address
3701 SW 47TH AVE.
SUITE 109
DAVIE, FL 33314
Changed: 05/01/1996
Mailina Address
3701 SW 47TH AVE .
SUITE 109
DAVIE, FL 33314
Changed: 05/01/1996
Reaistered Aaent Name & Address
CORPORATION SERVICE COMPANY
1201 HAYS STREET
lfALLAHASSEE, FL 32301
Name Changed : 10/06/1997
~ddress Changed: 05/27/2002
Officer/Director Detail
Name & Address
Title CEO , President
MCQUILLAN, JOHN F
http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail/EntityName/domp-... 7116/20 13
Page 2 of3
Detail by Entity Name
200 INNER BELT ROAD
SOMERVILLE, MA 02143
!Title COAS
jYOUNGEN, DOUGLAS
200 INNER BELT ROAD
SOMERVILLE, MA 02143
!Title Asst. Secretary
DUQUETTE, EMILY
200 INNER BELT ROAD
SOMERVILLE, MA 02143
!Title General Manager, Director
GREEN, JAMES
3701 SW 47TH 47TH AVE., STE 109
DAVIE, FL 33314
!Title Manager- Fleet Compliance
Mclean, Donna L
200 INNER BELT ROAD
SOMERVILLE, MA 02143
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Section 8.2
AMENDED AND RESTATED
ARTICLES OF INCORPORATION
OF
TRIUMVIRATE ENVIRONMENTAL (FLORIDA), INC.
The undersigned, on behalf of Triumvirate Environmental (Florida), Inc. (the
"Corporation"), a Florida corporation, has executed these Amended and Restated Articles of
Incorporation, as approved by the Shareholders of the Corporation in an action by written
consent effective August
~.
2011, pursuant to Sections 607.0821 and 607.0704, Florida
Statutes. The number of votes cast by the shareholders by written consent was sufficient for
approval.
These Amended and Restated Articles amend and restate in their entirety the
Corporation's Articles of Incorporation, as filed with the Florida Department of State on January
18, 1985, as amended.
ARTICLE I- NAME/ADDRESS
The name of the Corporation is Triumvirate Environmental (Florida), Inc. The street
address of the principal office and mailing address of the Corporation is 3701 SW 47TH Avenue,
Suite 109, Davie FL 33314.
ARTICLE II- DURATION
The Corporation shall exist perpetually.
ARTICLE III - PURPOSE
,·'·-.
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The Corporation is organized for the purpose of transacting any or alllawfu11'business for
which corporations may be incorporated under Chapter 607, Florida Statutes.
ARTICLE IV - CAPITAL STOCK
The maximum number of shares of capital stock that the Corporation is authorized to
issue and have outstanding at any one time is One Thousand (1000) shares of Common Stock
having a par value of$0.01 per share.
1275584v3/1390l-32 8/4/20 II
3-A
ARTICLE V -REGISTERED OFFICE AND AGENT
The street address of the registered office of the Corporation is:
120 1 Hays Street
Tallahassee FL 32301 US
The name of the registered agent of the Corporation at that address is:
Corporation Service Company
ARTICLE VI- BOARD OF DIRECTORS
A.
The Corporation shall initially have one (I) director. The number of directors
may be either increased or decreased from time to time in accordance with the Bylaws, but shall
never be less than one (1 ).
B.
The name and address of the cutTen! director of the Corporation are as follows:
Street Address
John F. McQuillan, Jr.
61 Inner Belt Road
Somerville, MA 02143
ARTICLE VII- OFFICERS
The names, offices and addresses of the current officers of the Corporation are as
follows:
Name
Office
Address
John F. McQuillan, Jr.
President, Treasurer, and
Secretary
61 Inner Belt Road
Somerville, MA 0214 3
Douglas Youngen
Chief Operating Officer and
Assistant Secretary
61 Inner Belt Road
Somerville, MA 02143
James Green
Vice President
Emily Duquette
Assistant Secretary
3701 SW 47TH Avenue
Suite 109
Davie FL 33314
61 Inner Belt Road
Somerville, MA 02143
l275584v3/J3901-32 8/4/201 I
2
3-B
ARTICLE VII-BYLAWS
The power to adopt, alter, amend or repeal Bylaws shalt be vested in the Board of
Directors and the shareholders.
ARTICLE VIII - AMENDMENT
The Corporation reserves the right to amend or repeal any provisions contained in these
Articles of Incorporation, or any amendment hereto, and any right conferred upon the
shareholders is subject to this reservation.
[Remainder ofpage intentionally left blank; signature page follows]
1275584v3/13901-32 81412011
3
3-c
IN WITNESS WHEREOF, the undersigned has executed these Amended and Restated
Articles of Incorporation of Triumvirate Environmental (Florida), Inc. effective as of this 12 th
day of August, 20 I I.
12 75584\'2/13 90 1·32
3-D
Section F
Section F
Provide the Applicant's previous business history, including length of time in the same or
similar business activities as planned at Port Everglades.
Triumvirate Environmental (Florida) Inc. (TEl) predecessor was Perma-Fix of Ft. Lauderdale
Inc., (PFFL) whose predecessor was Integrated Resource Recovery Inc. Integrated Resource
Recovery, Inc was started in 1984 as a wholesale distributor of motor oil and automotive
equipment. In 1985, the company began to collect and dispose of waste oil as a service to its
customers. In response to rapid growth in demand for waste oil collection services and the
profit potential associated with fuel oil sales, the wholesale distribution of motor oil was
discontinued and waste oil collection was expanded.
With the installation of a waste water treatment unit in 1987, TEl expanded its waste removal
treatment capabilities to include non-hazardous and oil wastewaters. Coinciding with the
installation of wastewater treatment unit, TEl expanded its waste removal services to include
hazardous waste, oil filters, and non-hazardous sludge's. Following the promulgation of the
Toxic Characteristic rule in 1990, the company was grand fathered as a RCRA Part A facility
for the treatment of D018-D043 hazardous waste. In 1990, TEl expanded into industrial waste
removal services by the purchase of two mobile vacuum units.
In May 1993 Integrated Resource Recovery, Inc. was purchased by Quadrex Environmental
Services, Inc. (Quadrex) headquartered in Gainesville, Florida. Under the ownership of
Quadrex, lntergraded Resource Recovery terminated its RCRA Part A status and initiated
design and permitting activities necessary to support a $2,000,000 dollar facility expansion
and upgrade. This expansion and upgrade focused on improved processing and treatment
technologies to support Integrated Resource Recovery's primary business activity, the
transportation and reclamation of used oil and oily wastewaters.
In July 1994, Quadrex and all subsidiaries (e.g. Integrated Resource Recovery Inc.) were
purchased by Perma-Fix Environmental Services Inc. In December 1994 Integrated Resource
Recovery changed its legal name to Perma-Fix of Ft. Lauderdale, Inc. In December 1994 PFFL
received its Letter-of-Adequacy from the U.S. Coast Guard. In August 2011 Perm a-Fix of Fort
Lauderdale was purchased by Triumvirate Environmental (Florida) Inc., and the name change
also occurred in that month. Since receiving the Letter-of-Adequacy from the U.S. Coast
Guard TEl has successfully removed and reclaimed millions of gallons of oily waste from
vessels throughout southeast Florida without discharge or release to the environment.
Additionally, TEl currently provides hazardous waste removal and disposal services for
various cruise lines based out of Port Everglades.
4-A
Section G
Section G
1. Provide a list of the Applicant's current managerial employees, including supervisors,
superintendents, and forepersons.
Name
Position
Years Experience
John (Shawn) Lennon, Jr.
General Manager
39
Steven Swett
Operations Manager
13
Orlando Solis
Technical Service Manager
20
Orville Mackenzie
Foreman
20
2. List the previous work history/experience of the Applicant's current managerial
employees, including their active involvement in seaports and length of time in the same
or similar business activities as planned at Port Everglades.
11
11
John 5hawn Lennon, Jr.
John Lennon serves at the General Manager of Triumvirate Environmental (Florida) and is responsible for
profit/losses, compliance, operations, sales and personnel. In his current role John ensures that the largest clients
are being serviced at the highest level, and that the all of the employees are exhibiting the WoW level of service.
John has done work at Port Everglades for over 20 years.
John has been in the waste oil and waste disposal industry since 1975. For ten years John owned and operated an
oil truck disposal and delivery service in New England. From 1985 to date John has worked at the facility that is
currently Triumvirate Environmental (Florida). During his tenure before his role as General Manager John had been
in charge of Product Sales and Service, Sales Manager, and Operations Manager.
Steven Swett
Steve Swett serves as the Operations Manager at Triumvirate Environmental (Florida) and is responsible for the
day to day management of the field employees in addition to the management of Triumvirate's used oil processing
facility. Steve has worked for Triumvirate and at Port everglades for 13 years and that work includes scheduling
and cording work for The Port, whether it is bulk loads of oil, or drummed hazardous waste.
Orlando Solis
Orlando Solis serves as the Technical Service Manager at Triumvirate Environmental and has 20 years of
experience. In his tenure Orlando managed the paperwork creation and flow from the office in addition to
overseeing jobs at The Port. In his current role Orlando oversees that jobs are completed in accordance to the
regulations and Triumvirates strict standards, and that the clients are served at a WoW level of service.
4-B
Orville Mackenzie
Orville Mackenzie serves as a Foreman at Triumvirate Environmental and has 20 years of experience. Orville has
been serving Port Everglades for over 10 years and preforms and manages the jobs at The Port. Orville can
supervise tank cleaning and hazardous waste pickups, as well as preform the day to day operations that
Triumvirate will complete at Port Everglades.
4-C
Section J
CERTIFICATE OF LIABILITY INSURANCE
LFOWLE
DATe (MM/DONYYY)
I
1212712012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR ccnnoot'cc. AND THE CERTIFICATE HOLDER.
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CERTIFICATE MAY Bo ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS,
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only applies per written contract and is subject to policy terms and conditions.
CERTIFICATE HOLDER
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Broward County
1850 Eller Drive
Fort Lauderdale, FL 33316
- -SHOULD ANY-OF-THC-ABOVE-DESCRIBED-POLtCIES Bfi-CANCEiLL.EO-BEFORE- THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
FRANCISCO VASQUEZ
2013.01.1515:23:42
-05'00'
AUTHORIZeD REPRESENTATIVE
1
US! Insurance
Services LLC
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Triumvirate Environmental (Florida}, Inc.
3701 SW 47th Ave Suite 108
Davie, FL 33314
USIInsurance Services LLC
POLICY NUMBER
SEE PAGE 1
I:NAIC CODE
CARRIER
SEE PAGE 1
ADDITIONAL REMARKS
SEEP 1
EFFECTIVE DATE:
SEE PAGE 1
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: Certlflcato of Liability insurance
Remarks:
Deductibles
Environmental Package (General Liability, Contractors Pollution and Professional)
Coverage A. • Bodily Injury and Property Damage (Occurrence)
Coverage B. - Personal and Advertising Injury Liability (Occurrence)
Coverage C. ·Medical Payments
Coverage D.· Professional Liability (Claims Made) (Retroactive Date 10/20/92)
Deductibles: Property Damage and Bodily Injury Liability Combined Per Occurrence
Coverage A and B (Except Pollution Claims) $100,000
Coverage A Pollution Claims: $100,000
Coverage D: $100,000
Workers Compensation:
Workers Compensation and Employers Liability under State Law· Insured States
$150,000 Retained. Limit for Each Accident or Each Person for Disease
Workers Compensation and Employers Liability under Federal Law- Insured States
$150,000 Retained Limit for Each Accident or Each Person for Disease
Employers Liability· Monopolistic States
$150,000 Retained Limit for Each Accident or Each Person for Disease
Automobile:
Owned and Hired/Leased Comprehensive/ Collision
$5,000/$5,000
FRANCISCO
VASQUEZ
2013.01. 1515:23:54
-05'00'
ACORD 101 (2008/01)
© 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and fogo are registered marks of ACORD
1
Section K
APPLICANT'S FINANCIAL DOCUMENTS HAVE BEEN REVIEWED
BY PORT EVERGLADES FINANCE DIVISION
Section L
List four (4) credit references for the Applicant, one of which must be a bank. Use this format:
Name of Reference Stablex Canada, Inc.,
Nature of Business Trade Reference
Contact Name Isabelle Lafreniere
Title
Legal Business Street Address 760, boul. Indudtriel
City, State, Zip Code Bainville (Quebec) J7C 3V4 Canada
Phone Number 450-970-133 7
List four (4) credit references for the Applicant, one of which must be a bank. Use this format:
Name of Reference Ross Environmental Services, Inc.
Nature of Business Trade Reference
Title Manager
Contact Name Gary C. Vidmer
Legal Business Street Address 150 Innvoation Drive
City, State, Zip Code Elyria, QH 44035
Phone Number 440-366-2009
List four (4) credit references for the Applicant, one of which must be a bank. Use this fonnat:
Name of Reference Toxco
Nature of Business Trade Reference
Title
Contact Name Tisha LeCaire xlll
Legal Business Street Address PO Box 232
City, State, Zip Code Trail, BC VIR 4L5, Canada
Phone Number 250-367-9882 x 111
7-A
Section M
Webster Bank, NA
185 Asy!um Street
5th Floor
()Webster Bank
Hartford, CT 06103
WebsterBank.com ·
IRREVOCABLE STANDBY LETTER OF CREDIT NO. 10575
August 16, 2011
Beneficiary:
Broward County, Board of County Commissioners
Port Director, Broward County's Port Everglades Department
c/o Director of Business Administration
1850 Eller Drive
Fort Lauderdale, Florida 33316
Applicant (prior to this Amendment):
Triumvirate Environmental, Inc.
61 Innerbelt Rd.
Sommerville, MA 02143
We hereby amend our irrevocable Standby Lener of Credit No. 10575 as follows:
•
Applicant to now read: Triumvirate Environmental (Florida), Inc., 3701 SW 47'' Avenue,
Suite 109, Davie, FL 33314
•
Lener of Credit established for the account of Triumvirate Environmental (Florida), Inc.
•
Signed statement from the Port Director of Broward County to now read that the amount
of the drawing represents amounts due and unpaid to BROW ARD COUNTY arising
from:
(a)
(b)
failure of Triumvirate Environmental (Florida), Inc. to pay to
BROW ARD COUNTY, when due, any and all tariff or other charges
that have accrued at Port Everglades (whether relating to the furnishing
of services or materials to Triumvirate Environmental (Florida), Inc., its
principals, agents, servants or employees at Port Everglades; or, due to
injury to property of Port Everglades; or, stemming from the use of Port
Everglades facilities by Triumvirate Environmental (Florida), Inc., its
principals, agents, servants or employees; or, otherwise); or
costs, expenses, losses, damages or injury sustained by BROWARD
COUNTY from non·compliance by Triumvirate Environmental
(Florida), Inc., its principals, agents, servants or employees with
applicable laws, ordinances, rules and regulations of the federal, state
and local governmental units or agencies (including but not limited to
the terms and provisions of the BROWARD COUNTY Code of
Ordinances, Administrative Code, and all procedures and policies of the
Port Everglades Department), as amended from time to time; or
PAGE TWO IS AN INTEGRAL PART HEREOF
6-A
Page Two
RE: Amendment ofLIC No. I0575
(c) costs, expenses, losses, damages or injury sustained by BROWARD
COUNTY from any act, omission, negligence or misconduct of Triumvirate
Environmental (Florida), Inc., its principals, agents, servants or employees in
Port Everglades (whether causing injury to persons or otherwise).
•
All bank charges and commissions incurred are for the account of Triumvirate
Environmental (Florida), Inc.
All other terms remain the same.
Dana E. Jositas
Vice President
6-B
Webster Bank, N.A.
185 Asylum Street
5th Floor
@Webster Bank
Hartford, CT 06103
WebsterBank.com ·
IRREVOCABLE STANDBY LETTER OF CREDIT NO. 10575
Date of issue: July 28, 20 II
Beneficiary:
Broward County, Board of County Commissioners
Port Director, Broward County's Port Everglades Department
c/o Director of Business Administration
1850 Eller Drive
Fort Lauderdale, Florida 33316
Applicant:
Triumvirate Environmental, Inc.
61 Innerbelt Rd.
Sommerville, MA 02 I 43
We hereby establish our irrevocable Standby Letter of Credit No. I 0575 in favor of Broward
County and for the account of Triumvirate Environmental, Inc., available by Broward County's
drafts drawn on Webster Bank, N.A. payable at sight up to an aggregate amount of U.S. Dollars
Forty Thousand and 00/100 ($40,000.00) when accompanied by the following documents:
I.
the original Letter of Credit
2.
a signed statement from the Port Director of Broward County that the amount of
the drawing represents amounts due and unpaid to BROW ARD COUNTY
arising from:
(a)
(b)
failure of Triumvirate Environmental, Inc. to pay to BROW ARD
COUNTY, when due, any and all tariff or other charges that have
accrued at Port Everglades (whether relating to the furnishing of services
or materials to Triumvirate Environmental, Inc., its principals, agents,
servants or employees at Port Everglades; or, due to injury to property of
Port Everglades; or, stemming from the use of Port Everglades facilities
by Triumvirate Environmental, Inc., its principals, agents, servants or
employees; or, otherwise); or
costs, expenses, losses, damages or injury sustained by BROWARD
COUNTY from non-compliance by Triumvirate Environmental, Inc., its
principals, agents, servants or employees with applicable laws,
ordinances, rules and regulations of the federal, state and local
governmental units or agencies (including but not limited to the terms
and provisions of the BROW ARD COUNTY Code of Ordinances,
Administrative Code, and all procedures and policies of the Port
Everglades Department), as amended from time to time; or
PAGE TWO IS AN INTEGRAL PART HEREOF
6 D
Page Two
RE: L/C No. I 0575
(c)
costs, expenses, losses, damages or injury sustained by BROWARD
COUNTY from any act, omission, negligence or misconduct of
Triumvirate Environmental, Inc., its principals, agents, servants or
employees in Port Everglades (whether causing injury to persons or
otherwise).
Draft(s) and documents must be dated and presented to Webster Bank, N.A., CityPiace II, 5'h
Floor, 185 Asylum Street, Hartford, CT 06103 Attention: International Department not later than
July 27,2012.
This Letter of Credit shall be renewed for successive periods of one (I) year each unless we
provide the Broward County Board of County Commissioners, through the Port Director of
Broward County's Port Everglades Department at the above stated address, with written notice of
our intent to terminate the. Letter of Credit, which notice must be provided at least ninety (90)
calendar days prior to the expiration date of the original term hereof or any extended one (I) year
term.
Any draft drawn under this Letter of Credit shall bear the clause "Drawn under Webster Bank,
N.A. Irrevocable Standby Letter of Credit No. 10575 dated July 28, 2011." The original Letter
of Credit must accompany any drawing and the date and amount of each drawing paid must be
endorsed on the reverse side of this Letter of Credit.
All bank charges and commissions incurred are for the account of Triumvirate Environmental,
Inc.
This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits
(2007 Revision) International Chamber of Commerce Publication No. 600 and to the provisions
of Florida law. !fa conflict between the Uniform Customs and Practice for Documentary Credits
and Florida law should arise, Florida law shall prevail. If a conflict between the law of another
state or country and Florida law should arise, Florida law shall prevail.
Dana E. Jositas
Vice President
6-E
Section N
Model Number
1FTVVX32F8XEE38416
1GDT8F43X7F414354
1GDT8F4307F414198
1HTSCAAN2TH311048
2NPLHZ7X76M653152
1FVACXBS49HAH9919
3ALACXBS6DDFE3808
1XKVVDBOX56J152192
1FUYDCYBXXDF37035
1FUJAHBD71LH94023
2XKDDB9X07M181748
1FUJFODE88DZ66540
1XKVVDB9X1SJ643176
1FUJA6CKX7LZ43161
1A9114222K1005063
1403118
F40589
10BGU5217HF008434
1PMS14124B1005515
N41372
1B9271435K0008032
1HLHT926053
HT923184
MX739914
1XPAL59X9KN281566
1M2P267C1VM029353
1C9UU28LXMC440046
1A9SMT125DC002243
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1PMA2442311024155
1P9RS4620L1186001
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1GRAA9622XS034301
1GRAA9624XS034302
1GRAA9620XS007601
1GRAA9627KS061339
1GRAA9622XS007602
1GRAA9623PB019113
Make
Ford
GMC
GMC
International
Peterbilt
Freightliner
Freightliner
Kenworth
Freightliner
Freightliner
Kenworth
Freightliner
Kenworth
Freightliner
Arco
Butler
Transmobile
Brenner
Polar
Trailmobile
Brenner
Heil
Great Dane
Fruehauf
Peterbilt
Mack
Cal en
Alliance
Polar
PTII
PMF
Theu
Great Dane
Great Dane
Great Dane
Great Dane
Great Dane
Great Dane
Age
1999
2007
2007
1996
2006
2009
2013
2006
1999
2001
2007
2008
1995
2007
1989
1972
1970
1987
1981
1976
1988
1979
1972
1976
1989
1997
1991
1984
2001
2001
1991
1985
1999
1999
1999
1989
1999
1993
Type of Equipment
F-350- Pickup
Straight Truck
Straight Truck
Box Truck
Box Truck
Box Truck
Box Truck
Tractor
Tractor
Tractor
Tractor
Tractor
Tractor
Tractor
Tank Trailer
Tanker Trailer
Tanker
Tanker
TANKER TRAILER
Tanker
Tanker
Tanker
Tanker
Tanker Trailer
VACTRUCK
Vaccuum Truck
Trailer
Tanker
Tankers
Tankers
Double Rail Trailer
Mini-Van Trailer
Van Trailer
Van Trailer
Van Trailer
Van Trailer
Van Trailer
Van Trailer
Fuel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Domiciled at Port Everglades
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
Page: 8A
BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT
115 S. Andrews Ave., Rm. A-1 00. Ft. Lauderdale, FL 33301-1895- 954-831-4000
VALID OCTOBER 1, 2012 THROUGH SEPTEMBER 30,2013
. t #·377-2649
R ecelp
"OFFICE/SALES/BUSINESS/ADM
Business Type: (ADMINISTRATIVE OFFICE)
DBA:
Business Name: TRIUMVIRATE ENVIROMENTAL FLORIDA
INC
i
Owner Name: TRIUMVIRATE ENVIROMENTAL FLORIDA INC Business Opened:12/19/1994
Business Location: 3701 sw 47 AVE 109
State/County /Cert/Reg:
FT LAUDERDALE
Exemption Code:
Business Phone: 954-583-3795
Seats
Rooms
Employees
I
Professionals
Machines
For Vending Business Only
Number of Machines:
I
I
Tax Amount
Transfer Fee
o. oo
45.00
I
1
Vending Type:
NSF Fee
Penalty
o. oo
0.00
I
Prior Years
1
o. oo
I
1
Collection Cost
Total Paid
0.00
45.00
THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS
THIS BECOMES A TAX RECEIPT
WHEN VALIDATED
This tax is levied for the privilege of doing business within Broward County and is
non-regulatory in nature. You must meet a!l County and/or Municipality planning
and zoning requirements. This Business Tax Receipt must be transferred when
the business is sold, business name has changed or you have moved the
business location. This receipt does not indicate that the business is legal or that
it is in compliance with State or local laws and regulations.
Mailing Address:
TRIUMVIRATE ENVIROMENTAL FLORIDA L
3701 SW 47 AVE 109
FORT LAUDERDALE, FL
33314
Receipt #03A-ll-00006193 ·
Paid 08/23/2012 45.00
en
(I)
0
e.
0
:::s
0
2012 - 2013
L
Dn.I""\\AIA~---••._•.._,.,.--.~
-·~-···---
--
-- - - -
Section P
TRIUMVIRATE
ENVIHONMENTAL
Triumvirate Environmental, Inc.
Environmental, Health, and Safety Policy
Triumvirate Environmental, Inc. is a leading environmental services firm for
hazardous and non-hazardous waste management and transport. One of our
guiding principles is "We operate to safeguard our employees from physical
harm." As such, we remain committed to providing a safe and healthful
workplace for all of our employees and to conducting our business in an
environmentally responsible manner. This Environmental Health and Safety
("EHS") Policy provides the framework for our EHS Management System.
Triumvirate Environmental, Inc. is committed to:
•
Establishing and maintaining a safe and healthful working environment for
our employees.
•
Complying with all laws and regulations that are applicable to our business,
as well as all Triumvirate Environmental EHS Programs and Procedures.
•
Improving our EHS performance and our EHS Management System (EHSMS)
by conducting regular reviews and audits of our programs and operations in
order to identify and implement improvement opportunities.
•
Making efforts to reduce our environmental impact and conserving our
natural resources by minimizing waste and emissions, practicing energy
conservation and reusing and recycling material where feasible.
•
Communicating this policy and educating our managers on our "Essentials
for Safety Leadership" so that they understand their responsibilities within
our EHSMS framework.
J j~I )¢DI;)r
'
TRIUMVIRATE
ENVIRONMENTAL
Triumvirate Environmental, Inc.
Essentials for Safety Leadership
I Believe ...
1. The safety and health of myself and my fellow employees cannot be
measured, and should be held above all else.
2. Although human error is unavoidable, I can reduce its likelihood and
severity.
3. The safety performance of my employees is a direct indicator of my
leadership effectiveness.
4. I am accountable not only for my own safety but for the safety of those
around me.
I Know ...
1. I must constantly strive to ensure that the scope of work is defined clearly
and monitored for change, and that the hazards of all work are continually
analyzed.
2. We all have "Stop Work" authority, and are expected to use it when
necessary.
3. How to motivate others to change at-risk behavior and reduce the
likelihood and severity of events caused by human error.
4. How to respond appropriately in the event of an emergency.
I DO the following ...
1. Communicate performance expectations to my employees regularly,
consistently and sincerely.
2. Hold managers and employees accountable for compliance with safety
requirements.
3. Ensure there are adequate resources to accomplish work safely.
4. Lead by example. I strive to practice safe behaviors at all times so that my
employees will do the same.
5. Regularly conduct formal and informal observations and provide feedback,
both positive and corrective, when needed.
6. Reinforce safe behavior and reward safety excellence.
TRIUMVIRATE
ENVIRONMENTAL
HEALTH & SAFETY PROGRAM
September, 2012
Our Health & Safety Commitment
We strive to attain the highest possible level of safety in all activities and operations. One of the
guiding principles of Triumvirate Environmental is "We operate to safeguard our employees
from physical harm." As such, the safety and well-being of our people is of the utmost
importance and is considered our first priority. We are committed to continuously improving
our health and safety programs, policies and procedures and practices to ensure that all of our
people are safeguarded.
Responsibilities & Reporting Requirements
Our people work remotely and independently over a wide area, therefore we must rely upon
them to ensure that work activities and areas are kept safe and free of hazardous conditions.
Our Supervisors are trained to use the DuPont STOP process to identify and address unsafe
behaviors and conditions. Once complete, STOP audit data is collected via smartphone for data
analysis. Every employee is expected to be conscientious about the safety of their workplace
and their assigned tasks, including using proper operating equipment and methods. Further,
our people are expected to not identify, but correct potentially risky conditions or hazards.
Employees must either correct or report any unsafe conditions or potential hazards to their
manager, or the Compliance department, immediately. If an employee suspects a concealed
danger is present on Triumvirate's or a client's premises, or in a product, facility, piece of
equipment, process, or business practice for which Triumvirate is responsible, he/ she is
responsible to report this to their manager, Compliance department and to the COO
immediately. The employee's manager and the Compliance department will coordinate and
arrange for the correction of the hazard immediately.
In case of an accident or injury, our people must report the incident to their manager or
supervisor and complete an Employee Incident Report. The data gathered from these forms is
periodically analyzed and the results of the analysis used for training purposes or to develop
special emphasis programs.
The Triumvirate Environmental Compliance organization regularly issues policies, procedures
or governing workplace safety and health. When this is done they are shared via email with all
of our people, and our people are expected to familiarize themselves with these rules and
guidelines, as strict compliance is expected. Policies, procedures, rules and guidelines are all
available online via our internal intranet. Alternately, any Compliance team member can be
contacted for copies of current rules and guidelines. Failure to comply strictly with rules and
guidelines regarding health and safety or negligent work performance that endangers health
and safety is not tolerated.
Health and Safety Training
Employee training is one of Triumvirate's major areas of investment. Our safety training
program encompasses regulatory training as required within the areas of OSHA, RCRA, DOT,
lATA, and state and local regulations. Depending on the person's role, s/he may also receive
'8'-F
TRIUMVIRATE
ENVIRONMENTAL
additional training such as confined space entry and rescue, specialized training to work with
radioactive, biohazard or other wastes, and hazard recognition processes such as DuPont STOP.
In addition, we conduct update training within operational and departmental meetings.
Each employee new to Triumvirate is required to attend our two week long onboarding. Over
the course of the two weeks more than five full days are committed to safety, health and
regulatory training. In addition to this initial safety training, we also have in place an Employee
Short Service Program which pairs new or less experienced persmmel with more experienced
persormel.
Our supervisors and managers are trained in the DuPont STOP for Supervision program, and
upon completion have aggressive goals established for performance of STOP audits. Other
people identified as emerging leaders participating in our "Leadership Academy" also work
through a three session series focused on "Safe by Accident?" and their critical role in driving
continual improvement in safety performance.
Employee Training Retention & Comprehension Practices
Triumvirate Environmental uses various techniques to ensure training retention and
comprehension. First, Triun1virate utilizes written or oral exan1inations. Second, Triumvirate
uses a demonstration approach. This technique requires that the trainee actually demonstrate
the skill or method that was taught. If the employee is having difficulty, the trainer will work
with the employee until s/he can demonstrate the skill. The other technique we utilize is on the
job performance. Our compliance team performs unarmounced site inspections where they
witness employees performing work. If there is an issue, the employee's action is corrected and
noted.
Incident Reviews
Following an OSHA Recordable injury, or a significant near miss incident, we hold an afteraction review with the people involved and their direct leadership, then share the lessons
learned with all other TEl employees. This is done to proactively notify the remainder of our
population how to avoid a similar situation.
Other Safety Meetings
To maintain focus and effective communication on health and safety topics Triumvirate
Environmental holds a number of safety meetings. Each branch is required to hold a monthly
Executive Safety Meeting with the branch leader and his/her team of direct reports. Each
branch is also required to hold monthly Employee Safety Committee meetings, again chaired by
the branch leader, in order to discuss recent activities or issues and identify any concerns from
our field personnel.
On a monthly basis our Chief Operating Officer holds a Safety! Call to Action conference call.
Participation on this call is mandatory for all company leaders from the Vice President to the
front-line supervisor. Agenda items include current health and safety initiatives, a review of
recent incidents, a discussion of any lessons learned and best practices from the organization,
and an update on any health and safety issues at our branch locations.
TRIUMVIRATE
ENVIRONMENTAL
Hazard Identification
Our compliance personnel perform random site inspections to ensure safe and healthy working
conditions and compliance with requirements. The role of compliance inspections is to drive
field compliance and they typically spend 50% of their time in the field reviewing work sites.
Prior to job commencement a site specific Health and Safety Plan (HASP) is prepared to identify
site specific hazards and special requirements. The work supervisor prepares the HASP, and
reviews with all crew members and any other Triumvirate employees who enter the site. All
employees sign to acknowledge their understanding of the HASP and its requirements. The
HASP is maintained on site until the project is complete.
Disciplinary Policy for Violation of Safety Rules
Failure to comply with rules and guidelines or procedures regarding health and safety, or
negligent work performance that endangers health and safety will not be tolerated and will be
addressed using our disciplinary policy.
Driving on Company Business
An employee's position at Triumvirate may require an employee to drive in order to complete
certain tasks related to an employee's job. Should this be the case, an employee must possess a
current, valid driver's license, an acceptable driving record, and adequate personal automobile
insurance.
Employees are required to carry their own personal insurance policy for their vehicle to provide
coverage for you in the event of a liability or physical damage claim. In the event of an accident
or damage to your vehicle while using it on company business, Triumvirate may reimburse you
for your deductible, up to a maximum of $500 per loss, for the cost to repair such damage.
Employees are expected to report such accidents to the Health & Safety Department, and the
HR Department. Employees are expected to carry adequate personal automobile insurance at a
minimum of $100,000 - $300,000 of bodily injury coverage, and a minimum of $100,000 of
property damage coverage. Each employee is requested to provide a copy of their personal
automobile policy to the HR Deparhnent upon request. Any employee who doesn't have the
required coverage must notify the HR Manager immediately. The rate that we utilize to
reimburse you for the use of your automobile on company business includes compensation to
you for carrying the proper insurance.
Triumvirate reserves the right to check the driving records of any employee who will drive to
conduct business on behalf of the company. Should an employee's driving record not be
acceptable by Triumvirate's standards, or by the company's insurance company, the employee
may be terminated. Any change in license status, driving record, or insurance coverage must be
reported to an employee's manager and to the HR Manager immediately.
A valid driver's license must be in an employee's possession while operating a vehicle on
company business. It is the responsibility of every employee to drive safely and obey all traffic,
vehicle safety and parking laws or regulations. Drivers should demonstrate safe driving habits,
TRIUMVIRATE
ENVIRON MENTAL
comply with all local, state and federal applicable laws and not drive too fast or recklessly.
Employees are expected to observe the above policies while on Triumvirate business, even if
driving the employee's own personal vehicle.
Employees are expected to obey the law in each state, with regards to use of a cell phone while
operating a motor vehicle. This policy applies to company owned and personal vehicles that are
being used for business purposes. Employee's are required to pull over before making, or
answering a call in these instances, or are expected to use a hands-free headset if acceptable
under state law.
All employees are expected to wear a seat belt while driving on company business, regardless
of operating a company vehicle, or a personal vehicle, and regardless of the law in the state the
employee is in. Any violation of this policy is grounds for discipline, up to an including
tennination.
Behavior Based Safety
In order to have a sustainable safety culture, TEl has instituted a Behavior Based Safety (BBS)
Program, DuPont's STOP (Safety Training Observation Program). This program concentrates
on the methodology of observing both safe and unsafe behaviors, increasing supervisor and
employee safety awareness, building positive safety attitudes and increasing employee
communication skills. The ultimate goal of this program is to help us build a positive safety
culture based on interdependence - each employee watching out for each other. Any necessary
punitive measures are not utilized within this program and are administered under the TEl
Disciplinary Policy.
Health & Safety Standard Operating Procedures Table of Contents
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
Roadside Inspection Compliance Program
Quarterly Compliance Incentive Plan
Personal Protective Equipment Program
Chemist Dress Code
Field Service Site Dress Code
Driver Dress Code
Emergency Action & Fire Prevention Plan
Fire Extinguisher Protocol
Respiratory Protection Program
Hazard Communication Program
Field Service Health & Safety Plan (HASP)
Chemist HASP
Incident Injury Investigation & Reporting SOP
Accident Reporting Program
Blood borne Pathogens SOP
Confined Space Entry & Rescue Program
Electrical Safety Program
Fall Protection Program
TRIUMVIRATE
ENVIRONMENTAL
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
Fork Truck Safety Program
Hearing Conservation Program
Hot Work Safety Program
Lockout Tagout Program
Air Monitoring Mercury & Spill Cleanup SOP
Air Monitoring Organic Vapor SOP
Drum Handling SOP
Drum Over Packing SOP
Entering Backs of Trucks SOP
SCBA Inspection SOP
Selection of Respiratory Protection SOP
Back Safety Video Program
Drug & Alcohol Policy
OSHA 40-Hour Training Program
8-Hour Hazwoper Refresher Training
CPR & First Aid Training Program
Short Service Employee Policy
Vehicle Inspection Policy
Section P.2
TRIUMVIF<ATE
i'JVlf<ONMENTAL
Random Drug & Alcohol Testing Policy
Compliance & Human Resource Department
Version 49.0
October 23, 2012
Polley
All full-time and part-time Triumvirate employees working in a field Service, Wastewater,
Engineering, ETSC, or Environmental Specialist role, and all other employees who work in our
TSDFs and oil management facilities, or in any related or associated facility or location (i.e., "10Day", warehouse, or maintenance shop) and who are not already taking part in a DOT mandated
Random Drug & Alcohol testing program, will be subject to Random Drug & Alcohol Testing per
this policy effective December 1, 2012. This policy excludes employees who are serving in an
exclusively administrative role.
The purpose of this policy is to promote the safety and well-being of all Triumvirate employees
and the general public.
This policy is designed to help prevent accidents and injuries resulting from the misuse of
alcohol or use of controlled substances by employees.
Process
The process described below shall be followed in order to ensure that all random drug & alcohol
tests are administered in a consistent and uniform manner.
Upon notification by the Director of Transportation Safety that an employee in his/her branch
has been selected for a random drug or drug & alcohol test, the General Manager, or official
designee, will do the following:
1.
When you are ready to send him/her, inform the selected employee of the random
test requirement. Do not give prior notice!
2.
Provide the employee the pre-completed Chain of Custody and Control form.
3.
Instruct the employee to report immediately and directly to the testing clinic for
his/her random drug or drug and alcohol test. Employees may be selected for a
drug test only, or both a drug and alcohol test.
4.
For alcohol tests, instruct the employee to bring back to you the Chain of Custody
and Control Form containing the result upon completion of the test (by the end of
their work day).
"f?-D
An employee who refuses to submit to random testing, or fails to appear for testing as
instructed, will be considered to have tested positive. A positive drug/alcohol test will result in
disciplinary action up to and including termination.
Applicability
This policy applies to all full-time and part-time Triumvirate employees working in a Field
Service, Wastewater, Engineering, ETSC, or Environmental Specialist role, and all other
employees who work in our TSDFs and oil management facilities, or in any related or associated
facility or location {i.e., "10-Day", warehouse, or maintenance shop) and who are not already
taking part in a DOT mandated Random Drug & Alcohol testing program. This policy excludes
employees serving in an exclusively administrative role.
This policy is designed to help prevent accidents and injuries resulting from the misuse of
alcohol or use of controlled substances by employees.
Enforcement
All members of the Triumvirate Executive Team, Compliance, Human Resources, Managers and
Supervisors will enforce this policy.
Business Rationale
It is a core belief of Triumvirate that the safety of our employees and the general public is
paramount and our policies reflect that belief. No other aspect of our operation and business
supersedes the importance of safety.
Any questions about this policy should be addressed to the Director, Transportation Safety.
+h-a--!M¥12--- ---------- Tiffany A. Tropp
Director, Transportation Safety
Triumvirate Environmental
Andrea Donahue
Director, Human Resources
Triumvirate Environmental
Section Q.1
Florida Department of
Environmental Protection
Southeast District Office
400 N. Congress Avenue, Suite 200
West Palm Beach, FL 3340 l-2913
56 I -681-6600
Rick Scott
Governor
Jennifer Carroll
Lt. Governor
Herschel T. Vinyard Jr.
Secretary
MAR - 6 2012
Triumvirate Environmental (Florida), Inc.
James Green, Vice President, Southeast Region
10100 Rocket Blvd.
Orlando, FL 32824
Rc:
Department o£ Environmental Protection v. Triumvirate Envimnmcntal
(Florida), Inc., OGC File No.: 12-0755
EPA ID # FLD981018773
Dear Mr. Green:
Enclosed for your implementation is a copy of the fully executed and filed Consent Order in
the above styled case. Please familiarize yourself with the compliance dates and terms of the
Consent Order so the complete and timely performance of those obligations is accomplished.
Thank you for your cooperation in this matter. If you have any questions concerning this
matter, please contact Kathy Winston at 561/ 681-6'756.
Sincerely,
Southeast District Director
Cc:
Electronic Archboard/OCULUS
Lea Crandall, OGC, DEP Tallahassee (MS#35)
Shirley Richards, SED
AI Gomez, Broward Co. Environmental Protection and Growth management
Department ([email protected])
www. dep.state.fl.us
Florida Department of
Environmental Protection
Sout11east District Office
400 N. Congress Avenue, Suite 200
West Palm Beach, FL 33401-2913
561-681-6600
Riel' Scott
Governor
Jennifer CmToll
Lt. Governor
Herschel T. Viny,,d Jr.
SCCI'Ctfii'Y
FEB 1 4 2012
Triumvirate Environmental (Florida), Inc.
James Green, Vice President, Southeast Region
10100 Rocket Blvd.
Orlando, FL 32824
SUBJECI':
Department of Environmental Protection v. Triumvirate Environmental
(Florida), Inc., OGC File No.: 12-0755
EPA ID # FLD981018773
Mr. Green:
The State of Florida Department of Environmental Protection ("Department") finds that
Triumvirate Envi.romnental (Florida), Inc. ("Respondent") is in violation of the regulations
governing hazardous waste transporters. Before sending this letter, the Department requested
that the Respondent undertake certain actions to resolve the violations. These actions have
since been completed. However, due to the nature of the violations, the Respondent remains
subject to civil penalties. The Respondent is also responsible for costs incurred by the
Department during the investigation of this matter.
The Department's Offer
Based on the violations described above, the Department is seeking $5,000.00 in civil penalties
and $500.00 for costs and expenses the Department has incurred in investigating this matter,
which amounts to a total of$ 5,500.00. The civil penalty in this matter includes one violation of
$2,000.00 or more.
Respondent's Acceptance
If you wish to accept this offer and fully resolve the enforcement matter pending against the
Respondent, please sign this letter and return it to the Department at Florida Department of
Enviromnental Protection, Southeast District Office, 400 N. Congress Ave, Ste 200, West Palm
Beach, Florida 33401 by February 28, 2012. The Department will then countersign it and file it
with a designated clerk of the Department. Once the document is filed with the designated
clerk, it will constitute a final order of the Department pursuant to Section 120.52(7), F.S. and
will be effective unless a request for an administrative hearing is filed by a third party in
accordance with Chapter 120, F.S. and the attached Notice of Rights.
Wli'W. deo. wote. !l.us
DEP vs. Triumvirate Environmental (Florida), Inc.
OGC No. 12-0755
Page2
By accepting this offer you, James Green:
(1)
certify that you are authorized and empowered to negotiate, enter into, and accept the
terms of this offer in the name and on behalf of Respondent;
(2) acknowledge and waive Respondent's right to an administrative hearing pursuant to
Sections 120.569 and 120.57, F.S., on the terms of this offer, once final;
(3) acknowledge and waive Respondent's right to an appeal pursuant to Section 120.68,
F.S.; and
(4) acknowledge that payment of the above amount does not constitute a waiver of the
Department's right, if any, to recover emergency response related costs and expenses
for this matter.
The Department acknowledges that the Respondent's acceptance of this offer does not
constitute an admission of liability for the violations referenced above.
Respondent's Performance
After signing and returning this document to the Department,
(1) Respondent must pay $5,500.00 in full by March 28, 2012.
(2) The payment must: (a) be in the form of a cashier's check or money order; (b) be
payable to the "Department of Environmental Protection"; (c) include the OGC Number
assigned above and the notation "Ecosystem Management and Restoration Trust
Fund"; and (d) be sent to Florida Department of Environmental Protection, Southeast
District Office, 400 N. Congress Ave., Ste 200, West Palm Beach, Florida 33401.
The Department may enforce the terms of this document, once finaL and seek to collect monies
owed pursuant to Sections 120.69 and 403.121, F.S.
Until clerked by the Department, this letter is only a settlement offer and not a final agency
action. Consequently, neitl1er the Respondent nor any other party may request an
administrative hearing to contest this letter pursuant to Chapter 120, F.S. Once this letter is
clerked and becomes a final order of the Department, as explained above, the attached Notice
of Rights will apply to parties, other than the Respondent, whose interests will be substantially
affected.
DEP vs. Triumvirate Environmental (Florida), Inc.
OGC No. 12-0755
Page3
Please be aware that if the Respondent declines to respond to the Department's offer, the
Department will assume that the Respondent is not interested in resolving the matter and will
proceed accordingly.
If you have any questions, please contact Kathy Winston at (561)681-6756 or at
[email protected].
Sincerely,
FOR THE RESPONDENT:
I,
-s-a 01 a.>
F'.
6-'r-a.a..,
[Type or Print Name], HEREBY ACCEPT THE
TERMS OF THE SETTLEMENT OFFER IDENTIFmD ABOVE.
By:~~
Title:
r/rU>
~<L_,:J a ..... } :
[Type or Print]
Date: _
__,;;;?'-f/...c.02,._,'6''1-f-/-(2;;z.._,v~;_,2..""--7
I
DEP vs. Triumvirate Environmental (Florida), Inc.
OGC No. 12-0755
Page4
FOR DEPARTMENT USE ONLY
DONE AND ORDERED this
~y of March, 2012, in Palm Beach County, Florida.
STATEOFFLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
~~
(30tltheast District Director
Filed, on this date, pursuant to section 120.52, F.S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
CI!J«.ci~ =
Clerk
Attachments:
MAR - 6 2012
Date
Notice of Rights
Warning Letter, Inspection Report
Final clerked copy furnished to:
Lea Crandall, Agency Clerk ([email protected])
DEP vs. Triumvirate Environmental (Florida), Inc.
OGC No. 12-0755
PageS
NOTICE OF RIGHTS
Persons who are not parties to this Order, but whose substantial interests are
affected by it, have a right to petition for an administrative hearing under Sections 120.569 and
120.57, Florida Statutes. Because the administrative hearing process is designed to formulate
final agency action, the filing of a petition concerning titis Order means that the Department's
final action may be different from the position it has taken in the Order.
The petition for administrative hearing must contain all of the following information:
a)
The OGC Number assigned to this Order;
b) The name, address, and telephone number of each petitioner; the name, address,
and telephone number of the petitioner's representative, if any, which shall be the
address for service purposes during the course of the proceeding;
c)
An explanation of how the petitioner's substantial interests will be affected by the
Order;
d) A statement of when and how the petitioner received notice of the Order;
e)
Either a statement of all material facts disputed by the petitioner or a statement that
the petitioner does not dispute any material facts;
f)
A statement of the specific facts the petitioner contends warrant reversal or
modification of the Order;
g)
A statement of the rules or statutes the petitioner contends require reversal or
modification of the Order; and
h) A statement of the relief sought by the petitioner, stating precisely the action
petitioner wishes the Department to take with respect to the Order.
The petition must be filed (received) at the Department's Office of General Counsel, 3900
Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 days of receipt
of this notice. A copy of the petition must also be mailed at the time of filing to the District
Office at the address indicated above. Failure to file a petition within the 21-day period
constitutes a person's waiver of the right to request an administrative hearing and to
participate as a party to tlus proceeding under Sections 120.569 and 120.57, Florida Statutes.
Mediation under Section 120.573, Florida Statutes, is not available in tlus proceeding.
fi le:///Cj/Docurnents%20and%20Settings/winston_k!My%20Docurnents/My%20Docurnents/Kathyrrriurnvirate%20Env!RE%20Settlernent%20offer.htrn
From:
Green, James F. [[email protected]]
Sent:
Sunday, January 29, 2012 7:34PM
To:
Winston, Kathy; Lennon, John P. Jr; Gilbert, Sara
L.
Cc:
Kantor, Karen E.; Lurix, Joe
Subject:
RE : Settlement offer
Kat hy,
We accept yo ur offer. I will be t he point person on t his issue along with Sara Gilbert and John Lennon.
From: Winston, Kathy [mailto:[email protected]]
Sent: Monday, January 23, 2012 9:50AM
To: Green, James F.; Lennon, John P. Jr
Cc: Kantor, Karen E.; Lurix, Joe
Subject: Settlement offer
This letter is to acknowledge the Department's receipt of your letter of dated January 13, 2012. We
appreciate your coming to meet with us on November 30, 2011 to discuss resolving the outstanding
issues from the Warning Letter and a possible resolution to this matter. The letter gives a response to
each of the issues raised during the inspection and also how Triumvirate Enviro nmental (Florida} (TE}
intends to avoid these problems in the future . The Depa rtment appreciates this pro-act ive approach. The
letter also included an offer from TE of $5,000.00 to settle this matter in an expedit ious fashion. The
state is willing to accept this offer; however, there is an automatic $500.00 assessment added to all
settlements to cover Department cost and expense. If TE is w illing to include this added amount t o their
offer for a total of $5,500.00, then we can move forward with the issuing of a Consent Order. Plea se let
me within the next ten days whether TE is willing to go along with the addition of cost and expenses to
their original offer, so that the course of action on our pa rt can be determined . Hope to hear f rom you
and t hat we can bring th is matter to an amicable resolution. Any quest ions concerni ng this issue, please
feel free to contact me at the contact information below.
file:///Cj/Docurnents%20and%20Setti ngs/winston_ k!My%2 .../Kathy{friumvirate%20Env/RE%20Settlement%20offer.htm ( I of 2) 1/31/20 12 7 : 13:03 AM
fi le:///CI/Documents%20and%20Settings/winston_ kiM y%20Documents/M y%20Documents/Kathy!rriumvirate%20Env/RE%20Settlement%20offer.him
Kathy Winston
Environmental Consultant
Hazardous Waste Compliance/Enforcement
(561 )681-6756
Fax (561)681-6770
Florida's Water- Ours to Protect: Check out the latest information on Florida Water Issues at http://www.
protectingourwater.org/ presented by the Florida Department of Environmental Protection .
Please take a few minutes to share your comments on the service you received from the department by
clicking on this link DEP Customer Survev.
file: ///CI/Documents%20and%20Settings/winston_k/My%2 ...1Kathy!rriumvirate%20Env/RE%20Settlement%20offer.htm (2 of 2) 1/3 1/201 2 7: 13 :03 AM
TRIUMVIRATE
RECEIVED
ENVIRONMENTAL
January 13, 2012
JAN 1 7 2012
Kathy Winston
Florida Department of Environmental Protection
Southeast District Office
400 N. Congress Avenue, Suite 200
West Palm Beach, Florida 33401
Re:
FL DEP
WEST PALM BEACH
Corrective Action Plan in response to Hazardous Waste Compliance Evaluation Inspection at
Triumvirate Environmental (Florida), Inc, formerly Perma-Fix of Ft. Lauderdale
3670 SW 4ih Avenue, Davie, Florida 33314
EPA 10# FLO 98101773
FEID# 592480377
Dear Ms. Winston,
Several compliance issues were noted during a Hazardous Waste Compliance Evaluation Inspection
conducted by the Florida Department of Environmental Protection on May 12, 2011 at the Perma-Fix of
Ft. Lauderdale facility located at the above-referenced address. In August 2011 , Perma-Fix of Ft.
Lauderdale, Inc., changed its name to Triumvirate Environmental (Florida), Inc. (TEFI) as part of a stock
purchase of the corporation by Triumvirate Environmental Inc., headquartered in Somerville,
Massachusetts.
The FDEP issued Warning Letter #11-0108HW06SED dated November 9, 2011 in response to the May
12, 2011 Compliance Inspection. Mr. James Green, Vice President, and Mr. John (Shawn) Lennon ,
Facility Manager of TEFI met with Ms. Kathy Winston and Ms. Karen Kantor of the FDEP on November
30, 2011 to discuss the compliance issues. The following Corrective Action Plan was prepared as a
follow-up to the November 30, 2011 meeting :
Item #1) In at least two cases, Item #1 on the manifests indicated the generator facility was an
unregistered CESQGs when the facility actually had an EPA ID Number. The FDEP requested TEFI
go through every manifest indicating the facility was a CESQG since May 22, 2009 and reissue the
manifest if the facility was found to have an EPA ID Number. The corrected manifests must then be
copied to the generator: the treatment, storage, and disposal facility, and the FDEP.
Corrective Action Issue #1) After reviewing the manifests, Mr. Lennon discussed the corrections with
Ms. Winston on December 22, 2011. Per Ms. Winston's instructions, the incorrect CESQG was
crossed out with a double line and the EPA ID #was written over the Item #1 box. Additionally, TEFI
noted the correction in the Item # 14 box on the manifests. TEFI submitted electronic copies of the
corrected manifests to the FDEP and mailed copies of the revised manifests to the generator and
treatment, storage, and disposal facility.
Additionally, TEFI devised a Generator Status EPA ID # Protocol for the sales and customer service
representative to verify the generator status to ensure future compliance. A copy of the protocol is
attached. Mr. Lennon also coached the drivers to cross check the amount of waste with the
generator status. If the amount of waste exceeds that allowable for a CESQG, the driver is not to
accept the waste and contact management immediately.
Item #2) The acceptance and delivery Jogs for the end of October 2010 contained an error in which it
appeared that in two instances waste was received after it went out of the facility, as the outgoing
date was not changed to reflect the proper month. Also, two manifests with incoming entries from
December 8, 2010 did not have a corresponding outgoing date. FDEP reminded TEFI to note the
outgoing dates corresponding to the actual month of the shipment and requested copies of the
3701 SW 47th Avenue Su1te 109 Davie, FL 33314
P 964 583 3795 F 954 583 8017
TRIUMVIRATE
ENVIRONMENTAL
completed manifests from December 8, 2010 to establish the waste did not remain onsite for more
than 10 days and.confirm the waste reached its' final destination facility.
Corrective Action Item #2) TEFI submitted the manifests from December 8, 2010 proving the waste
was not onsite for more than 10 days and confirming the waste reached its' final destination facility.
Additionally, TEFI staff were coached on the importance of completing manifests correctly.
Item #3) FDEP noted two boxes of Universal Waste lamps in the Drum Storage Building had
Universal Waste stickers on them but did not have the words "Mercury Containing Lamps for
Recycling" or any of the other acceptable labeling phrases for Universal Waste Lamps per the state
regulations. FDEP requested TEFI properly label the boxes and provide pictures to the FDEP.
Corrective Action #3) Mr. Lennon submitted photos of the re-labeled boxes on May 17, 2011 via
email to Ms. Kathy Winston .
Item #4) The Contingency Plan did not have the telephone numbers of the closest police and fire
station. FDEP requested the plan be revised to include the telephone numbers.
Corrective Action #4) TEFI revised the Contingency Plan as requested and sent the revised plan to
the appropriate authorities on May 20, 2011.
Item #5) Records reviewed during the inspection indicated TEFI had transported hazardous waste in
amounts exceeding 1,000 kg for a facility which was a non-notifier. A transporter of hazardous
waste must also comply with 40 CFR Part 262, Standards for Generators of Hazardous Waste and
shall not treat, store, dispose of, transport or offer for transportation hazardous waste from a
generator without a EPA ID Number. FDEP requested TEFI cease and desist transporting hazardous
waste from a generator without an EPA ID Number.
Corrective Action #5) TEFI implemented the protocol(s) and procedures detailed in Corrective Action
#1 to ensure compliance with this regulation.
Item #6) TEFI hazardous was transporter drivers were not carrying a copy of their Transporter Status
Form and Department Certificate of Approval in their trucks. FDEP requested the facility make
copies of these documents and ensure that the all trucks that transport hazardous waste have them
on board.
Corrective Action #6) Mr. Lennon explained during the meeting with FDEP that there was a
miscommunication regarding this issue. However, TEFI ensured the requested copies of the
documents and placed them in each vehicle that will be transporting hazardous waste. Additionally,
TEFI re-trained the drivers to verify the documents are present during their pre-trip inspection of the
vehicle.
As you are aware, the previous compliance issues were noted during an inspection conducted on May
21, 2011 , and occurred while the company was owned by Perma-Fix of Ft. Lauderdale, Inc. On August
12, 2012, the shareholders of Triumvirate Environmental (Florida), Inc. purchased the shares of ParmaFix of Ft. Lauderdale, Inc and submitted requests to transfer the existing facility permits. The permits
were transferred with no correspondence from FDEP regarding the pending Warning Letter, which was
subsequently issued on November 9, 2011. We would like you to take this into consideration and
propose no monetary fine.
Additionally, in order to avoid additional potential Warning Letters, we request the opportunity to conduct
a self-audit for the time period from May 9, 2011 through December 31, 2011 in order to ensure no similar
compliance issues occurred between the date of the inspection and implementation of the
aforementioned actions without further regulatory action . Should our self-audit uncover additional
3701 SW 47th Aven ue. Suite 109 Dav1e fL 333 14
P 954 583 3795
F · 954 583.8017
TRIUMVIRATE
ENVIRONMENTAL
compliance issues, we agree to implement the corrective actions listed above and submit a report
detailing the results.
As you are aware, there was a change in shareholder control for the corporation on August 12, 2011 .
The inspection occurred before this change and the Warning Letter was issued after this change. TEFI
has endeavored to rectify all issues noted and implement the enclosed changes. We respectfully submit
that no dollar penalty should be assessed. However, in an act of good faith and to expedite the
settlement of this issue, TEFI is prepared to offer $5,000.00 ·to resolve this matter.
If you have any questions or require any additional information, please do not hesitate to contact me at
jqre'~' "'·1'tri ~"mvi ••1~c.com.
407-859-4441 or via email at
~T~
:James F. Green
Vice President
Triumvirate Environmental (Florida), Inc.
Attachment - TEFI Generator Status Protocol
CC:
Sara Gilbert, ETSC, TEFI <via email: sqi,t>n t((i triumvir .):e.com>
John (Shawn) Lennon , Facility Manager, TEFI <via email: jl<3nnon,wtriu m-.l iratt>.corn>
Richard Barry, Director of Compliance, Triumvirate Environmental, Inc., <via email:
r o<:~n y\~trium 1 ir:Jtc .c ~ ..>
3701 SW 47th Avenue. Su1te 109 Davie Fl33314
P 954 583 3795 F 954 583.8017
Florida Department of
Environmental Protection
NOV - 9 2011
Southeast District Office
400 N. Congress Avenue, Suite 200
West Palm Beach, FL 33401
561-681-6600
Rick Scott
Governor
Jennifer Carro:!
LL Governor
Herschel T. Vinyard Jr.
Secretary
CERTIFIED MAIL NO.: _'l_1 7108 2133 3938 2488 4738
RETURN RECEIPT REQUESTED
John F. McQuillan, Jr., President
Triumvirate Environmental (Florida), Inc.
61 Inner Belt Rd.
Somerville, MA 02143
Warning Letter# 11-0108HW06SED
Subject: Hazardous Waste Compliance Evaluation Inspection at Triumvirate Environmental
(Florida), Inc., formerly PermaFix of Ft. Lauderdale, 3701 SW 47th Ave., Suite 109,
Davie, FL 33314
EPA ID # FLD981018773
Dear Mr. McQuillan:
The purpose of this letter is to advise you of possible violations of law for which you
may be responsible, and to seek your cooperation in resolving the matter. A hazardous waste
compliance evaluation inspection conducted on May 12, 2011, at your hazardous waste
transporter and used oil processing facility indicates that violations of Florida Statutes and
Rules may exist at the facility. Department of Environmental Protection personnel observed
possible violations regarding hazardous waste and universal waste management. The
observations of the Department are in the attached inspection report.
Section 403, Florida Statutes, provides that facilities must comply with Title 40 Code of
Federal Regulations (CFR), Parts 260 to 268 and 273 as adopted in Chapter 62-730 and Chapter
62-737 Florida Administrative Code (F.A.C.). The activities observed during the Deparhnent's
field inspection and any other activities at your facility that may be contributing to violations
of the above-described statutes or rules should be ceased. The operation of a facility in
violation of State statutes or rules may result in liability for damages and restoration, and the
judicial imposition of penalties up to $50,000.00 per violation per day pursuant to Section
403.727, Florida Statutes.
You are requested to contact Kathy Winston at the address above or 561/681-6756
within fifteen (15) days of receipt of this Warning Letter to arrange a meeting to discuss this
matter. The Department is interested in reviewing any facts you may have that will assist in
determining whether any violations have occurred. You may bring anyone with you to the
wlrwdep.swtejf_ 11s
Q4
Triumvirate Environmental (Florida), Inc.
Page 2 of2
meeting that you feel could help resolve this matter. However, we must be given the names
and positions of any persons you intended to bring to the meeting and we must have the
information at least five days before the meeting.
If after further investigation, the Department determines that the violations occurred,
this matter may be resolved through entry of a Consent Order which will include a compliance
schedule and an appropriate penalty. In accordance with Section 403.121, Florida Statutes, the
U.S. EPA RCRA Civil Penalty Policy, the Department's Guidelines for Characterizing RCRA
Violations, and the Department's Guidelines for Characterizing Universal Waste Violations,
the penalty proposed in the case is $21,939.00 plus $1,000.00 for costs and expenses, for a total
of $22,939.00.
Please be advised that this Warning Letter is part of an agency investigation,
preliminary to agency action in accordance with Section 120.57(5), Florida Statutes. We look
forward to your cooperation in completing the investigation and resolution of this matter.
Sincerely,
Attachments:
cc:
Hazardous Waste Inspection Report
Penalty justification Worksheets
Electronic Archboard/ Oculus
Glen Perrigan, FDEP, [email protected]
Alfred Gomez, Broward County Environmental Protection and Growth Management Deparhnent
[email protected]
Q5
PENALTY COMPUTATION WORKSHEET
Facility Name: Triumvirate Environmental (Florida), Inc.
Facility Address: 3701 SW 47th Ave., Ste 109, Davie, FL
Department Staff Responsible for the Penalty Computations:
~"l-~-~- t .\J-------·"
.
Kathy Winston v
Date:
lj\'(,\l:
ass AP ena1tv Det ermwa f 10ns
PRTICI
A
M
_
Allee.ed Violation Tyne
Potential
for Harm
Extent of
Dev.
Matrix
Multi-
Amount
event
Minor
Minor
$710
40 CFR 263.20
I
Manifest Discrepancies
2
Adjustmen
ts
Economic
Benefit
Calculation
$4,050
Total
54,760
$!50 X 27
Chaoer 62-737.400(5)(bl
$120
Minor
Moderate
$599
$719
20%
Failure to properly label Universal Waste lamps
3
upward
40CFR262.12(c)
Moderate•
Major
$11,330
Hazardous Waste Transporter Requirements
*See attached Ranking System for Potential for Hann Worksheets
$5,130
$16,460
$570 X 9
Penalties Subtotal:
S21,939
Department Co~·t~:
$1,000
Total:
$22,939
All penalty calculations are ba,.ed on the Florida Department ofEnvirorunental Protection Hazardous Waste Regulation St:ction's "Guidelines for Characterizing
RCRA Violations" and "Guidelines for Characterizing Used Oil Violations" both of which were revised as of May 2008. Certain violations require Potential
for Hann R~!!& System characterization and have been utilized where applicable; refer to the attached Ranking System for Potential for JIarm worksheet.
The _;!tlached civil~nalty ~~r~~t§-:)c fo~ulated and tendered only in the context of settlement negotiatioJJS in order to attempt to reach a cooperative
.'~tllement.
1·.
-f;../ Y't .v(_
/ ~-y<::/-:-
/
.
-/
'
4/1
-··' // /l./ ./{/
----~----
"9J~Q:<cch, P,E.
;District Director
~ Florida Dep~ent of Environmental Protection Southeast District
'--..
Date
------ '"
Penalty Worksheet Page 1 of2
Q6
PENALTY COMPUTATION WORKSHEET
(continued)
Facility Name: Triumvirate Environmental (Florida), lnc.
Facility Address: 3701 SW 47th Ave., Ste 109, Davie, FL
Part II - Multi-day Penalties and Adjustments
Adjustments:
Dollar Amount:
Good Faith/lack of good Faith prior to Discovery:
Justification:
Good Faith/lack of good Faith after Discovery:
Justification:
History of Non-Compliance:
Justification:
A 20% upper adjustment was added to violation #2, as this was a repeat violation noted
during the last inspection of this facilty.
Economic Benefit ofNon-Compliance:
Justification:
$120
Ability to pay:
Justification:
Multi-Event Penalties:
Dollar Amount:
$9,180
Number of events matrix amount is to be multiplied:
27 & 9
An additional 27 times between May 2009 and May 2011, the facility indicated on the
Justification:
manifest that the facility they were transporting waste for was a CESQG, when, in fact,
the facility had an EPA ID number. Also, at least an additional9 times since May of
2009, the transporter picked up SQG amounts of waste from facilities without EPA ID
numbers.
Part HI-Other Adjustments Made After Meeting With Responsible Party
Adjustments:
Relative Merits of the Case:
Dollar Amount:
Resource Consideration:
Other Justification:
Jill S. Creech, P.E.
Date
District Director
Florida Department of Environmental Protection Southeast District
Penalty Worksheet Page 2 of2
Q7
NOTICE OF POTENTIAL HAZARDOUS WASTE NON-COMPLIANCE- Page 1 of 2
FACILITY NAME
TYPE OF INSPECTION:
CAV:
ADDRESS
0
CEI:
CITY
DA ~"'-
Sh llei 9
Cl: 0
STATE
OTHER:
0
FL
PAGE
I
FOLLOW UP CAV INSPECTION WITHIN 120 DAYS:
A hazardous waste/used oil compliance inspection was made this date, under the authority of Section
403.091, Florida Statutes (F.S.), to determine your facility's compliance with Chapter 403, F.S. and Chapters
62-730 and 62-710, Florida Administrative Code (F.A.C.). Provisions of Title 40 Code of Federal Regulations
(C.F.R.) Parts 260 through 268 and 279, which are cited on this form, have been a(jopted by reference as the
state hazardous waste and used oil rules in Chapter 62-730 and 62-710, F.A.C. The following potential items
of non-compliance were identified by the inspector(s). This is not a formal enforcement action and mav
not be a complete listing of all items of non-compliance which exist at the tlrhe of this inspection.
GENERAL REQUIREMENTS:
CONTAINER MANAGEMENT:
D Failure to ensure delivery of HW to proper HW facility
0
0
0
0
0
0
Failure to use a manifest or reclamation agreement § 262.20
0
0
0
0
Failure to provide personnel training§ 265.16. 262.34
0
§ 261.5
Failure to provide hazardous waste determination§ 262.11
Failure to notify as generator§ 262.12
Evidence of release(s) of waste§ 265.31
Unlabeled containers§ 262.34
Undated containers§ 262.34
Leaking or bulging containers § 262.34
Open containers § 265.173
Inadequate aisle space§ 62-730.160
RECORDKEEPING REQUIREMENTS:
Facility exceeds 90/180 day time limit§ 262.34
0
0
USED OIL VIOLATIONS:
Manifests§ 262.40, § 262.44
Training records § 262.34
,!~[Contingency Plan§ 262.34
D Failure to label containers§ 2i9.22
D Failure to respond to releases§ 279.22
0 Failure to document used oil dlsposal § 279.10
~Weekly Inspection records§ 62-730.160
0
Information not posted by phone§ 262.34
0
Authorities not notified§ 262.37 ·
MATERIALS PROVIDED to ass.ist in accomplishing corrective actions
0
DEP Small Quantity Generator Handbook.
0
EPA Managing Used Oil
0
EPA Understanding the Hazardous .Waste Rules
0
Environmental Yellow Pages
0 EPA Notification of Regulated Waste Activity
0. Florida Automotive Recyclers Handbook
D List of HW/Used Oil Transporters
0 Antifreeze Recycling Vendors
0 Marcury Lamp Recyclers
0 Other _ _ _ _ __
0 Other _ _ _ _ __
D Other _ _ _ _ __
Florida Fact Sheets
0
Antifreeze for Recycling I Waste Antifreeze
0
Summary of Hazardous Waste Regulations
0
Summary of Used Oil/Used Oil Filter Regulations
0
Other.------------
0
0
Other:-------------------Other. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
0
0
Other:------------------Other: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
. .JUS WASTE INSPECTION EXIT INTERVIEW SUMMARY, NOTICE OF POTENTIALVIOLATIONS
of 2
•.tiS REQUESTED OR RECOMMENDATIONS BY THE "/NSPECTOFr':
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OWNERIOPERATOR COMMENTS:
The owner/operator is hereby requested to submit in writing, withir/j_ days of this inspection, 1) a description
of all corrective actions taken, 2) a schedule for completion of corrective actions to be taken and 3) a
description of efforts to prevent recurrence of the above items to the person signing as "INSPECTOR", Florida
Department of Environmental Protection, 400 North Congress Avenue, Suit_e 200, West Palm Beach, FL
33401. The actions taken within& days of this notice will be considered in determining whether enforcement,
including the assessment of penalties, should be initiated.
IF YOU HAVE QUESTIONS,
"/NSPECTOR"(signature):
con\a~t:
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at (561) 681·66D6.
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Date:
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The undersigned person hereby acknowledges that he/she received a copy of this notice and
has read and understands the same .
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PRINTED NAME:
DATE:
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Florida Department of
Environmental Protection
Hazardous Waste Inspection Report
FACILITY INFORMATION:
Facility Name:
Triumvirate Environmental Florida Inc
On-Site Inspection Start Date:
ME ID#:
05/12/2011
EPA ID#:
50649
Facility Street Address:
Contact Mailing Address:
County Name:
On-Site Inspection End Date:
05/12/2011
FLD981018773
3670 SW 47th Ave #109, Davie, Florida 33314
3701 SW 47th Ave #109, Davie, Florida 33314-2830
Broward
Contact Phone:
(954) 583-3795
NOTIFIED AS:
CESQG (<100 kg/month)
Transporter
Transfer Facility
Used Oil
INSPECTION TYPE:
Routine Inspection for CESOG (<100 kg/month) facility
Routine Inspection for Hazardous Waste Transporter facility
Routine Inspection for Transfer Facility
Routine Inspection for Universal Waste Transporter facility
Routine Inspection for Used Oil Transporter facility
Routine Inspection for Used Oil Transfer Facility
Routine Inspection for Used Oil Processor facility
Routine Inspection for Used Oil Marketer facility
Routine Inspection for Used Oil Generator facility
INSPECTION PARTICIPANTS:
Principal Inspector:
Kathy R. Winston, Inspector
Other Participants:
Shawn Lennon, General Manager; Ben Fisch, Environmental Specialist
LATITUDE I LONGITUDE:
Lat 26' 4' 37.8283" I Long 80' 12' 33.5153"
SIC CODE: 9511 -Public ad min. -air, water, and solid waste management
TYPE OF OWNERSHIP: Private
Introduction:
Triumvirate Environmental Florida Inc. (TEF), formerly known as PermaFix of Ft. Lauderdale, is a permitted
facility authorized to process used oil, oily wastewater, petroleum contact water, oily solid waste, and used oil
filters. TEF is also a hazardous waste transporter and transfer station. The facility is situated on a 2.5 acre site
in light industrial area, and is served by city water and sewer. TEF has operated from this site for 13 years
and employs 26 people.
In a notification to the Department on August 24, 2011, Triumvirate Environmental (Florida), Inc., recorded its'
name change from PermaFix of Ft. Lauderdale, Inc. as part of a stock purchase of the corporation by
Triumvirate Environmental, Inc., headquartered in Somerville, MA.
Inspection History- The Department is required to inspect TEF at least every two years. Inspections were
conducted in 2009 and before that in 2007. In each case, the facility had only minor violations
QS
and was brought back into compliance without enforcement.
Process Description:
Used oil and oily wastewater are received in the tank farm area located in the southeast portion of the site.
Used oil is offloaded into two 20,000-gallon aboveground tanks. The used oil is filtered, and then allowed to sit
for further oil/water separation. The processed oil is tested for compliance with on-specification standards,
and is sold as fuel oil to TEF customers. The oily wastewater is transferred for storage into one of seven
tanks. The oily water is filtered, and then transferred to a boiler tank where it is heated to 150 " F for oil/water
separation. An emulsifier is added to facilitate further oil/water separation and the temperature is raised to 200
• F, then the process is shut down. The water readily separates from the oil, and the oil is diverted to a
holding tank. Used oil filters are not consolidated but sent in generator containers to US Foundry in Medley,
Florida. Oily solid wastes are consolidated into a rolloff container for disposal at the Central Landfill in
Pompano Beach, Florida.
Inspection - The inspector noted two boxes of Universal Waste lamps in the transfer facility storage area that
were not labeled per the state regulation. All the boxes appeared to have Universal Waste stickers on them
but those two did not say "Mercury Containing Lamps for Recycling" or any of the other acceptable labeling
phrases per the state regulations. See the potential violations area of this report for the Department's
recommendation on this matter.
The inspector noted no violations or compliance issues in the Used Oil processing area or the solid waste
consolidation area. The consolidation area sits directly in front of the processing operations and shares the
same berm system. TEF stores used oil filter containers here before shipment, as well as, the oily solids
rolloff.
The storage tanks were labeled appropriately with tank# 11 indicated as "out of service." The secondary
containment for both the main tank farm and the single large tank in the rear of the property were clean, dry
and there were no visible damage to the sealant
In the rear of the property was a three sided pole barn that contained the boiler for the processing operation
and some equipment and chemical feed drums associated with a system to control the buildup of sealant in
the boiler itself.
The large Drum Storage building is divided into several different sections and is used for many aspects of the
operation. A large section of the rear of the facility serves as storage for everything from emergency response
equipment, to spare parts for the processing operation, as well as, toots and products for facility maintenance.
The only repair work performed onsite involves the processing equipment and the it's related pumps and
valves, as maintenance of the truck fleet and the forklifts are contracted out
On the other side of the building there were four distinct storage zones. There was the Hazardous Waste
Transfer facility, the liquid non-regulated waste area, the solid non-regulated waste area and the Universal
Waste storage area which also contained a small collection of escrap. The drums in those zones were all
properly labeled and aisle space was acceptable.
Right outside the Drum Storage building and backed up to the loading dock was a trailer being prepared for
shipment. Already in the rear of the trailer were eleven 55-gallon drums and one 30-gallon drum of flammable
liquids and paint related wastes. Near the door of the trailer were two more 55-gallon drums, the first one
contained paint related waste and the other contained flammable liquids. Sitting beside these drums were
three five-gallon buckets of isopropyl alcohol. It appeared that the containers in the front of the trailer were still
being checked for proper labeling and paperwork before being moved to the rear of the trailer for shipment off
site.
Records Review- Inspectors reviewed acceptance and delivery logs for both hazardous waste and used oil
and found two discrepancies. The hazardous waste transfer facility log entries from October 2010 made it
appear that two shipments of waste arrived on site after they had already been shipped out This was an error
due to the entry for the outgoing date having not been
Q9
changed to refiect the correct month; i.e. November. Also, log entries for two shipments of hazardous waste
that arrived on December 8, 2010 didn't have a corresponding outgoing date. Inspectors request copies of
these manifests to establish whether these waste were shipped out of the facility within ten days and reached
their final destination facility. The inspectors inquired as to whether the drivers of the hazardous waste
transport trucks carried a copy of the completed Transporter Status Form and Department Approval
Certificate in their vehicles. Facility representatives indicated they were unaware of this rule and would ensure
this was done in the future. A review of the Contingency Plan revealed that their emergency contact list did
not include the telephone numbers of the closest police and fire station. A random sampling of Bills of Lading
and manifests that had gone through the facility since their last inspection were compared to the logs
mentioned above and no other issues were found. All other records that were reviewed on site appeared to be
in order; i. e. training records, facility inspection logs and container inspection logs.
New Potential Violations and Areas of Concern:
Transporters Checklist
Type:
Violation
Rule:
263.20
Question Number:
1.40
Question:
Do the manifests contain at least:
Explanation:
Records that were requested during the inspection and subsequently submitted to the
Department revealed that TEF had signed off on incorrectly filled out manifests. In 2011
alone, there were at least two case were TEF filled out item #1 on the manifests
indicating the facilities as unregistered CESQGs, when the facilities actually had an
EPA ID number.
Corrective Action:
TEF needs to go back through every manifest since May 22, 2009, where item #1 on the
manifest indicates the facility as a CESQG and the facility actually has an identification
number, and reissue a corrected manifest These corrected manifests must then be
copied to the generator, the treatment, storage and disposal facility and the Department.
Type:
Area Of Concern
Rule:
62-730.171 (2)(e)
Question Number:
1.830
Question:
Does the log contain:
Explanation:
In the acceptance and delivery logs for the hazardous waste transfer facility, there was
an error in the end October of 2010. The error made it appear that in two instances, the
waste came in after it went out, as the outgoing date was not changed to reflect the
proper month. Also, there were two manifests with incoming log entries from December
8, 2010 that did not have a corresponding outgoing date.
Corrective Action:
The Department reminded TEF to make sure and note that outgoing dates correspond
to the actual month of shipment. Also, the Department requested copies of the
completed manifests from December 8, 201 0 that didn't indicate an outgoing date in the
hazardous waste transfer facility log to establish that the waste did not remain onsite for
more than ten days and that it reached its' final destination facility.
QlO
Universal Waste Lamps
Type:
Violation
Rule:
62-737.400(5)(b)
Question Number: 39.40
Question:
Is each lamp or container labeled or marked clearly with either "Spent Mercury
Containing Lamps for Recycling", "Universal Waste Mercury Lamps", "Waste Mercury
Lamps" or "Used Mercury Lamps"?
Explanation:
There were two boxes of Universal Waste lamps in the Drum Storage building that had
Universal Waste stickers on them but did not have the words "Mercury Containing
Lamps for Recycling" or any of the other acceptable labeling phrases for Universal
Waste lamps per the state regulations.
Corrective Action:
Please properly label the referenced boxes and provide pictures to the Department.
Used Oil Processor
Type:
Area Of Concern
Rule:
279.52(b)(2)
Question Number: 28.340
Question:
Does the plan include the following?
Explanation:
The Contingency Plan did not include the telephone numbers of the closest police and
fire station.
Corrective Action:
Please revise the plan to include the telephone numbers of the closest police and fire
station.
Type:
Area Of Concern
Rule:
279.52(b)(3)
Question Number: 28.360
Question:
Has the plan been distributed to the:
Explanation:
Requested updates to the Contingency Plan will need to be send to the appropriate
local authorities.
Corrective Action:
Please revise the emergency contact page as requested and then provide proof that
these updates have been forwarded to the appropriate local authorities.
Checklist Independent Potential Violations and Areas of Concern
Type:
Violation
Rule:
262.12(c)
Explanation:
Records that were requested during the inspection and subsequently submitted to the
Department revealed that TEF had provided transport of hazardous waste in amounts
exceeding 1000 kg for a facility which was a non-notifier.
Corrective Action:
A transporter of hazardous waste must also comply with 40 CFR Part 262,
Qll
Standards for Generators of Hazardous Waste and shall not treat, store, dispose of,
transport or offer for transportation hazardous waste from a generator without a EPA
identification number from the Administration. TEF must cease and desist transporting in
violation of State and Federal rules.
Type:
Area Of Concern
Rule:
62-730.170{2)(e)
Explanation:
TEF's hazardous waste transporter drivers were not carrying a copy of their Transporter
Status Form and Department Certificate of Approval in their trucks.
Corrective Action:
The facility needs to make copies of these documents and assure that all trucks that
transport hazardous waste have them onboard.
Summary of Potential Violations and Areas of Concern:
Potential Violations
Rule Number
Date Cited
Explanation
Transporters Checklist
263.20
Area
05/12/2011
Records that were requested during the
inspection and subsequently submitted to the
Department revealed that TEF had signed off
on incorrectly filled out manifests. In 2011
alone, there were at least two case were TEF
filled out item #1 on the manifests indicating
the facilities as unregistered CESQGs, when
the facilities actually had an EPA ID number.
Universal Waste Lamps
62-737.400(5){b)
05/12/2011
There were two boxes of Universal Waste
lamps in the Drum Storage building that had
Universal Waste stickers on them but did not
have the words "Mercury Containing Lamps
for Recycling" or any of the other acceptable
labeling phrases for Universal Waste lamps
per the state regulations.
Checklist Independent Violations
262.12(c)
05/12/2011
Records that were requested during the
inspection and subsequently submitted to the
Department revealed that TEF had provided
transport of hazardous waste in amounts
exceeding 1000 kg for a facility which was a
non-notifier.
Date Cited
Explanation
05/12/2011
In the acceptance and delivery logs for the
hazardous waste transfer facility, there was
an error in the end October of 2010. The error
made it appear that in two instances, the
waste came in after it went out, as the
outgoing date was not
Areas of Concern
Rule Number
Transporters Checklist
62-730.171 (2)(e)
Area
Ql2
Rule Number
Area
Date Cited
Explanation
changed to reflect the proper month. Also,
there were two manifests with incoming log
entries from December 8, 2010 that did not
have a corresponding outgoing date.
Used Oil Processor
279.52(b)(2)
05/12/2011
279.52(b)(3)
05/12/2011
The Contingency Plan did not include the
telephone numbers of the closest police and
fire station.
Requested updates to the Contingency Plan
will need to be send to the appropriate local
authorities.
Checklist Independent Areas of Concern
62-730.170(2)(e)
05/12/2011
TEF's hazardous waste transporter drivers
were not carrying a copy of their Transporter
Status Form and Department Certificate of
Approval in their trucks.
Conclusion:
Post Inspection
The manifests that were requested at the inspection and subsequently submitted to the Department revealed
that TEF had provided transportation of hazardous waste in amounts exceeding 1,000 kg from a facility
without an EPA ID number; TEF had indicated in box #1 of the manifest that this facility was a CESQG. To
further investigate the matter, the Department requested copies of all hazardous waste manifests where TEF
transported greater than 1,000 kg since the Department's previous inspection of June 23, 2009. The
Department is reviewing these documents at this time.
The facility was not in compliance at the time of the inspection. The facility was given 14 days to return to
compliance.
Ql3
Ins pee lion 0Dts:
05/i 2/?0'i
·1
Signed:
A hazardous waste compliance inspection was conducted on this date, to determine your facility's
compliance with applicable portions of Chapters 403 & 376, F.S., and Chapters 62-710, 62-730, 62-737, & 62
-740 Florida Administrative Code (FAC.). Portions of the United States Environmental Protection Agency's
Title 40 Code of Federal Regulations (C.F.R.) 260- 279 have been adopted by reference in the state rules
under Chapters 62-730 and 62-710, F.A.C. The above noted potential items of non-compliance were
identified by the inspector(s).
This is not a formal enforcement action and may not be a complete listing of all items of non-compliance
discovered during the inspection.
Kathy R. Winston
PRINCIPAL INSPECTOR NAME
Inspector
PRINCIPA7L-::IN-:-:S:::P--EC::::-'TOR T::::IT:::L-::E:----
5/16/2011
PRINCIPAL INSPECTOR SIGNATURE
DATE
~-e_n_F'_ISCh:.:___ _ _ _ _ _ _ _ _ _ _ __
INSPECTOR NAME
Environmental Spec:::ia=l=is"-t- - - - - - - - - - INSPECTOR TITLE
NO SIGNATURE
FDEP
INSPECTOR SIGNATURE
ORGANIZATION
Shawn Lennon
REPRESENT:=A:CT::::I:-:V"'E7N~AM::cE::---·----
General Manager
REPRESENTATIVE TITLE
NO SIGNATURE
Perma Fix
REPRES~E:-:NT=A~T::::I:-:V::::E~S~tG~N7A~T~U~R~E:------
ORGANIZATION
~---------------
NOTE: By signing this document, the Site Representative only acknowledges receipt of this Inspection
Report and is not admitting to the accuracy of any of the items identified by the Department as "Potential
Violations" or areas of concern.
Ql4
Section T
Port Operations Manual {33 CFR 154
&156)
TRIUMVIRATE ENVIRONMENTAL (FLORIDA), INC.
3701 SW 47TH AVENUE
SUITE 109
DAVIE, FL 33314
954-538-3795
FACILITY LOCATION:
3670 SW 47TH AVENUE
DAVIE, FLORIDA 33314
SEPTEMBER 12, 2011
MANAGEMENT CONCURRENCE BY:
(]
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- John
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4/
Date:
P. Lennon, General Mana~ (~
Triumvirate Environmental (Florida)~ ~c.
1
Davie, Florida 33314
· .
•i'J(NilV'IINED B'tf>
~!JS COA>ST GUARD
TABLE OF CONTENTS
·SectionPage
I.OINTRODUCTION l
2.00PERATIONS MANUAL!
2.1 Geographic Location I
2.2Physical Description ofF acility I
2.3The Hours of Operation!
2.4:;>ize and Types ofVessels2
. 2.5DescriptioiJ. ofMaterial Transferred2
2.6Personnel Responsibilities3
2.7Emergency Contacts4
2.8Communication Systems4
2.9Emergency Shutdown Equipment4
2.1 OS pill Collection&. Monitoring Procedures4
2.11 Fire Extinguisher AccessibilitJ5
2.120peration Procedures5
2.13Personnel Training Requiremerits6
2.14Surnmary of Federal, State, and Local Oil Pollution Regulations?
3.0EQUif>MENT REQUIREMENTS?
4.0FACILITY OPERATIONS?
4.1Persons in Charge: Designation/Qualification& Evidence of Designation?
4.2Safety Requirements8
4.3Records of Test and Inspections8
S.OVESSELS WITH 250 BARREL CAPACITY AND GREATER9
5.1Advance Notice ofTransfer9
5:2Requirementsfor Transfer9
5.3Discharge Clean-up9
5.4Connection9
· 5.5Dec!aration of InspectionlO
):
Appendices
A
B
c
D
E
.\ .F ··[\
G
H
I
..
)
!.
Applicable Regulations
Declaration of Inspection Form
Spill Regponse Vendor Capabilities
Certified MTRF Operator
· COTP Notification Form
Material SafetY Data Sheets
Health and Safety Training Program (contents only)
Spill Response Equipment
Fire Extinguisher Use Instructions
)
j
••
.
'
..
ii
\
'
BR\S~WARD
''
Section U
Section U
Environmental Protection and Growth Ma1agement Department
POLLUTION PREVENTION, REMEDIATION ANJ AIR QUALITY DIVISION
Ole North UnivErsity Drive, Suite 102, Plantation, FL 33324
C:OUI'\IT\'
954-51!l-1260 ·FAX 954-51!l-1494
r--,•r.w;MM·If!\(
WASTE TRANSPORTER LICENSE
APPLICANT:
Triumvirate Environmental (Florida), Inc.
Attention: Douglas Youngen, Chief Operating
Officer
3701 SW 47 AVENUE, SUITE 109
Davie, FL 33314
License Number:
WT-1 1-0113
This license is issued under the provisions of Chapter 27 of the Broward County Code of Ordinances hereinafter called
the Code. The above-named applicant, hereinafter called Licensee, is hereby authorized to perform the work or
operate the facility shown on the approved drawings, plans, documents, and specifications submitted by Licensee and
made a part hereof and described specifically below. The issuance of this license is a final agency determination. A
person with a substantial interest may file a petition to request review of or to intervene in a review of a final
administrative determination, subject to the provisions of Section 27-14, Broward County Code of Ordinances. If no
objection to this license is received within 14 days, you will be deemed to have accepted it and all the attached terms
and conditions.
ALL GENERAL CONDITIONS and SPECIFIC CONDITIONS, as attached, are considered to constitute the
requirements of this license. The Licensee is required to fully comply with all these conditions. Any failure to comply
h the conditions or requirements as set forth may result in revocation or suspension of this license and may subject
" Licensee to enforcement action in accordance with the provisions of Article 1, Division 4 of the Code.
Nature of Business:
Sludge Hauling
Sewage and Grease Trap Waste for Vessles
Discarded Hazardous Material Hauling
Used Oil
RCRA Hazardous Waste
Photochemical Waste
Nonhazardous Industrial Waste (Solid)
Nonhazardous Industrial Waste (Liquid)
Contaminated Soils
Biomedical Waste Hauling
Prepared By:
Ap]Jlication Received:
Date of Issue:
Didier Dupuy
Renewal App. Due:
09101/2013
Expiration Date:
1013112013
I 0/20120 I I
I 0124120 I I
'Pollution Prevention, Rcmcd'tiiion and Air Quality Division
Page 1 of2
WASTE TRANSPORTER LICENSE
GENERAL CONDITIONS
( 1)
The terms, conditions, requirements, limitations and restrictions set forth herein are accepted by the Licensee
and must be completed by the Licensee and are enforceable by The Environmental Protection and Growth
Management Department (THE AGENCY) pursuant to this chapter. THE AGENCY will review this license
periodically and may revoke or suspend the license, and initiate administrative and/or judicial action for any
violation of the conditions by the Licensee, its agents, employees, servants or representatives.
(2)
The license is valid only for the specific uses set forth in the license application and any deviation from the
approved uses may constitute grounds for revocation, suspension, and/or enforcement action by THE
AGENCY.
(3)
In the event the Licensee is temporarily unable to comply with any of the conditions of the license or with the
Code, the Licensee shall notify THE AGENCY within eight (8) hours or as stated in the specific section of the
Code. Within three (3) working days of the event, the Licensee shall submit a written report to THE AGENCY
that describes the incident, its cause, them easures being taken to correct the probl ern and prevent its
reoccurrence, the owner's intention regarding the repair, replacement and reconstruction of destroyed facilities
and a schedule of events leading toward operating within the license condition.
(4)
The issuance of this license does not convey any vested rights or exclusive privileges, nor does it authorize any
injury to the public or private property or any invasion of personal rights, or any violation of federal, state or I ocal
I aws or regulations.
(5)
This license must be available for inspection on the Licensee's premises during the entire life of the license.
'6)
By accepting this license, the Licensee understands and agrees that all records, notes, monitoring data and
other information relating to the construction or operation of this licensed facility or activity, that are submitted
to the County, may be used by the County as evidence in any enforcement proceeding arising under the Code,
except where such use is prohibited by section 403.111, Florida Statutes.
(7)
The Licensee agrees to comply and shall com ply with all provisions of the most current version of the Code.
(8)
Any new owner or operator of a licensed facility shall apply by letter for a transfer of license within thirty (30)
days after sale or legal transfer. The transferor shall remain liable for performance in accordance with the
I icense until the transferee applies for and is granted a transfer of license. The transferee shall be liable for any
violation of the Code that results from the transferee's activities. The transferee shall comply with the
transferor's original license conditions when the transferee has failed to obtain its own license.
(9)
The Licensee, by acceptance of this license, specifically agrees to allow access and shall allow access to the
licensed source, activity or facility at times to AGENCY personnel for the purposes of inspection and testing to
determinecompliancewith this license and the Code.
( 10)
This license does not constitute a waiver or approval of any other license, approval, or regulatory requirement
by this or any other governmental agency that may be required.
( 11)
Enforcement of the terms and provisions of this license shall be at the reasonable discretion of THE AGENCY
and any forbearance on behalf of THE AGENCY to exercise its rights hereunder in the event of any breach by
the Licensee, shall not be deemed or construed to be a waiver of THE AGENCYs rights hereunder.
Page 2 of2
En>ironmental Protection and Growth Malagement Departroont
POLWTION PREVENTION, REMEDIATION AID AIR QUALITY !:!VISION
01e North Univa-sity Dril.e, Sutte 102, Plantation, FL 33324
' " I - •, {
·.
,' l
,·
954-519-1260 ·FAX 954-519-1494
WASTE TRANSPORTER
LICENSE INVENTORY
APPLICANT:
Triumvirate Environmental (Florida), Inc.
Attention: Douglas Youngen, Chief
Operating Officer
3701 SW 47 AVENUE, SUITE 109
Davie, FL 33314
STORAGE LOCATIONS:
WT-11-0113
License Number:
10/24/2011
License Issue Date:
License Expiration Date: I 0/31/2013
LICENSED VEIDCLES:
Address
PPRAQ Sticker#
License Plate #
3670 SW 47 Ave
Davie, FL
1159
2500
3156
3360
3830
3905
4570
4571
4597
4598
5092
5132
5134
5137
5138
5785
5871
5872
5873
5874
FL/N2192H
FLIC5881N
FL/570 ICE
TN/4253CE
FL/N7956G
FL/N28641
FLIC6345N
FLIC6362N
FL/0708CF
FL/1013CD
FL/N0398M
FL/N3464K
FL/N7161M
FL/968JDR
FLIV960M1
FL/N0381M
FL/N461721
FLIC7047N
FLIC5883N
FL/0044CA
Page I of2
Emlironmental Protection and Growth f'v1alagement Department
POLLUTION PREVENTION, REMEDIATION ANJ AIR QUALITY llVISION
01e North UnwB"sily Drive, Sune 102, Plantation, FL 33324
954-519-1260 ·FAX 954-519-1494
WASTE TRANSPORTER
LICENSE INVENTORY
Prepared By:
Inventory Date:
Didier Dupuy
10/24/2011
Page 2 of2
PPRAQ Sticker#
License Plate #
5875
TN/TN033361S
Sections T and Z
U.S. Department of
Homeland Security
Commander
United States Coast Guard
Sector Miami
United States
Coast Guard
100 Mac Arthur Causeway
Miami Beach, Florida 33139-5101
Staff Symbol: sp
Phone: (788) 777-0775
Fax: (786) 777-0791
Section V
16471/11-0563
June 7, 2011
MISLE#: 4036963
FIN#: MIAMOB18
APPROVAL LETTER
Penna-Fix of FT. Lauderdale, INC.
Attn: Mr. John Lern10n
3701 SW 4ih Avenue Suite 109
Davie, FL 33314
Dear Mr. Lennon,
Members of my staffreviewed the facility response plan for Penna-Fix . The response plan
meets all Federal requirements of Title 33 of the Code of Federal Regulations Part 154 (33 CFR
154) and is hereby approved. The approval is valid until June 7, 2016.
You are required to resubmit an updated plan every five years in accordance with 33 CFR
154.1030 and 33 CFR 154.1060. Also, if you make any changes outlined in 33 CFR
154.1065(b), such as changing the types of oil handled, you must submit revisions to this office
within 30 days. Finally, you must notifY this office if you make revisions to personnel and
telephone number lists included in the response plan.
Please refer to the facility identification number MIAMOB18 in any future correspondence. If
you have any questions, please contact the Sector Miami Port Field Office at (786)777-0775.
Sincerely,
(:}9/)ffkl___.
J:). G. MCCLELLAN
Commander, U.S. Coast Guard
Captain of the Port, Miami
By direction
-,
FACILITY RESPONSE
PLAN FOR
PORT OF MIAMI, PORT
EVERGLADES, FL
TRIUMVIRATE ENVIRONMENTAL (FLORIDA), INC.
3701 SW 47TH AVENUE
SUITE 109
DAVIE, FL 33314
954-538-3795
TABLE OF CONTENTS
Page
154.1035(a) -Introduction and Plan Content .............................................................................. ..
154.1035(a){1)- Facility Address .....................................................................................................
154.1035(a)(2)- Facility and MTRF Locations .............................................................................. ..
154.103S(a){3)- Owner/Operator 24 Hour Contact .....................................................................
1S4.103S(a)(4)- Table of Content ...................................................................................................
154.103S(a)(S)- Cross Index ............................................................................................................
I
1
1
1
1
1
1S4.1035(b)- Emergency Response Action Plan ..................................................................................... .
154.1035(b)(1)- Notification Procedures ....................................................................................... .
154.103S(b)(2)- Facility Spill Mitigation Procedures .....................................................................
154.103S(b)(3)- Facility Response Activities ................................................................................. .
IS4.103S(b)(4)- Sensitive Areas .........................................................................,............................ .
1S4.103S(b)(S)- Disposal Plan ..........................................................................................................
1
6
6
154.103S(e)- Training and Drills ................................................................................................................
154.1035(e)(l)- Training Procedures ..............................................................................................
154.1035(e)(2)- Drill Procedures .....................................................................................................
6
6
7
154.1035(f)- Plan Review and Update Procedures ..................................................................................
7
Appendices
ABCDEFGH1JK-
Facility Specific Information
List of Contacts
Equipment List and Records
Communication Plan
Health & Safety Plan
Acronyms and Definitions
Coast Guard Oil/Hazardous Material Contingency Plan
Record of Changes
Fire Extinguisher Instructions for Use
Oil Spill Management Team in Cape Canaveral Area
Environmentally Sensitive Areas in Broward 1 Miami-Dade and Cape Canaveral Area
1
4
5
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FLORIDA DEPARTME!ItT Of' EN\1RONMENTAL PROTECTION
DIVISION OF WASTE MANAGE.l\tEN'f
STOR4..GE TANK REGl.."L>\ TION SECTION, M.S. 4...:;25
2600 BLAIR STONE ROAD
Tt\LLAHASSEE. FLORIDA 32399-2400
Certificate#:
(85tH 488~3935 FAX (8511) 9224939
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This Discharge Prevention and Response Certificate certifies that the holder.has demonstrated to the. deparnnem satisfactory pollmant discharge
containment and cleanup capabilities pursuant to Sccti.on 376.065, Florida Statutes.
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Twelve (12) months after the date of issuance.
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DEP 20-009 FMP (5/95)
Distribution:
\Vhitc - Terminal Facility
Yellow - Storage Tank Regulation Inspection Office
Storage Tank Regulation Section- Tallaha~scc
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Part X
Section X
Florida Department of
Environmental Protection
Uob 1\-l"rtincz Center
2600 /ik1ir Slone Ro;Jd
Talbha~~l'C,
Horid<l 32399-2400
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May 1, 2013
John Wyluda
Triumvirate Environmental Florida Inc
3701 SW 47th Ave, Suite 109
Davie, FL 33314
BE IT KNOWN THAT
Triumvirate Environmental Florida Inc
3670 SW 47th Ave #109
Davie, FL 33314
IS HEREBY REGISTERED AS A USED OIL
Transporter, Transfer Facility, Processor, Marketer, Filter Transporter, Filter Transfer Facility, Filter Processor
pursuant to Chapter 62-710, Florida Administrative Code (F.A.C)
For regulatory guidance, go to:
htto: //www .dep_,state..Jl...u.s/waste/ categQries/us.ed oil/default. htm
The Department of Environmental Protection hereby issues
Registration Number FLD981018773 on May 1, 2013
Transporter Type: FH
This registration will expire on 6/30/2014
This certificate documents receipt of your annual registration
and annual report. It shall be displayed in a prominent place
at your facility. This certificate and your cancelled check
are your receipts.
Janet Ashwood
Engineer Specialist III
Hazardous Waste Regulation Permitting
Section Y
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
BOB MARTINEZ CENTER
2600 BLAIRSTONE ROAD
TALLAHASSEE, FLORIDA 32399-2400
RICK scon
GOVER"OR
HERSCHEL T. VINYARD JR.
SECRE'I ARY
May 7,2013
Sent Via E-mail
[email protected]
Mr. Shawn Letmon, Jr., General Manager
Triumvirate Environmental (Florida), Inc.
3670 SW 47th Avenue
Davie, Florida 33314
SUBJECT: Triumvirate Environmental (Florida), Inc. Facility
EPA ID Number: FLO 981018 773
Operating Permit Numbers: 77390-H0-008; 77390-S0-009
Broward County
Dear Mr. Letmon:
Enclosed are Pennits Number 77390-H0-008 and 77390-S0-009 issued to Triumvirate
Environmental (Florida), Inc. pursuant to Section 403.769, Florida Statutes (F.S.), and
Chapters 62-4, 62-70 I, 62-710 and 62-740, Florida Administrative Code (F.A.C.).
This pem1it is final and effective on the date filed with the Clerk of the Department. When the
permit is final, any party to the petmit has the right to seek judicial review of the penni! pursuant
to Section 120.68, F.S., by the filing of a Notice to Appeal pursuant to Rule 9.110, Florida Rules
of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel,
Department of Environmental Protection, 3900 Commonwealth Boulevard, MS #35,
Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by
applicable filing fees with the appropriate District Court of Appeal.
The notice of Appeal must be filed within thirty (30) days from the date the final petmit is
issued. lfyou have any questions, please contact Bheem Kothur at (850) 245-8781 or via e-mail:
[email protected].
Sincerely,
Tim J. Bahr, Administrator
Hazardous Waste Regulation
1\'lnl'.dep ..\tate.jl.us
C~ifl
f-:.ie:'i/ 1
Section Z
1;-~c.()',·pordP.r}
i~ :-·: \'f I{· !I tl; 81'1 L:.·- f S~e l'\dC\:Of.'
January 19'" 2011
Discharge Cleanup -- Part Z
EMERGENCY RESPONSE AGREEMENT
tl.4!
frMJlU!~. E~lfflERGfSN,C\1 NU~BfER
1l .800:,899, 17' 415
By and Between
CLIFF BERRY, INCORPORATED
P.O. BOX 13079
PORT EVERGLADES STATION
FT. LAUDERDALE, FL 33316
954.763.3390 OFFICE
954.764.0416 FAX
And
Triumvirate Environmental (Florida), Inc.
3701 SW 47th Avenue
Suite 109, Davie FL 33314
Attn: Shawn Lennon
PROPOSAL NUMBER#: 21009
CLIFF BERRY, INCORPORATED
EMERGENCY RESPONSE SERVICES
This agreement for-Emergency R_esponse Services (the "Agreement") is made this 19th day of January 2011
oetween Cliff Berry, Incorporated with its principal offices located at 851 Eller Drive, Ft. Lauderdale, FL 33316
and Triumvirate Environmental (Florida), Inc. (hereafter referred as the "Client") with its principal offices
located at 3701 SW 47th Avenue, Suite 109 in Davie, FL 33314
RECITALS
WHEREAS Cliff Berry, incorporated has been awarded a contract to perform Emergency Response
Services on an as-called basis for certain companies (hereinafter referred to as the "Client"); and whereas Cliff
Berry, Incorporated shall be herei~after referred to as CBI.
WHEREAS CBI represents that it is capable of providing additional Emergency Response resources to
"Client" which services include, but may not be limited to, Emergency Response Services reasonably required
to mitigate oil, chemical and other hazardous or non-hazardous substances released into the environment on
an as-called basis, twenty-four (24) hours per day, seven (7) days per week; and
WHEREAS CBI shall respond to said emergency response within 1 HOUR as stipulated by USCG
regulations.
WHEREAS CBI wishes to e!;tablish in advance the terms an"d procedures whereby the "Client" may,
from time to time, contract Emergency Response Services under the Prime Agreement.
NOW THEREFORE, in consideration of the mutual covenants contained herein and for other good apd
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to
be legally bound, do hereby agree as follows:
SCOPE OF WORK
The scope of work to be performed by CBI shall be determined by the Parties at the time the "Client"
requests the services and as authorized by the "Clients" authorized representative. A request from the "Client"
for CBI to perform services under this agreement constitutes an "ORDER" placed for these services. The
"Client" acknowledges and agrees that CBI may, at its sole discretion, expand, modify, and/or discontinue the
services with appropriate notice to the "Client". If such changes result in an increase or decrease in costs,
these costs adjustments shall be docume!)ted in a written change order, signed by the parties.
Should the "Client" discontinue the request for services once the "ORDER" has been placed and authorization
to proceed has been given, the "Client" concedes that CBI has deployed equipment, personnel ~nd managerial
staff in support of the service order. Accordingly, the "Client" agrees to mobilization charges equivalent to a 4
hour minimum that will be applied to the service order. In the event that CBI can not respond due to
uncontrollable circumstances, CBI shall notify the "Client" in a judicious manner.
The services to be provided by CBI include, but are not limited to:
Site evaluation, decontamination and restoration
Containment, recovery, repackaging and removal of Hazardous & Non-Hazardous substances
Transportation, storage, treatment or disposal of recovered wastes
Technical services, including sampling, laboratory analysis, and other related services
Training and mock spill drill deployments
2
EMERGENCY NOTIFICATION
The "Client" may request services of CBI by telephone - 24 hours I day - 7 days a week by calling its
emergency number 80(!.899. 7745. When the "Ciienf' requests CBI to take action in an Emergency Response,
' ~h a request shall constitute an "ORDER" which may be accepted or rejected by CBI.
When the "ORDER" has been placed, CBI shall provide the "Client" with a written "JOB AUTHORIZATION,
ACCEPTANCE OF TERMS AND CONDITIONS FORM" either in person or via fax to be signed by an
authorized agent of the "Client" empowering CBI to perform the scope of work. (See attached exhibit A)
When placing an "ORDER", the "Client" shall identify the location and preliminary scope of services requested.
Initial information may include, to the extent practicable:
V' The surface impacted (soil, concrete, pavement, storm drains, etc ... ),
V' The substance released
V' The products chemical name and trade name
V' Amount of release
V' Name of either Party's on-scene representative.
•client is responsible for advising all Federal, state, local, and anv other governing authorities of the
spill event occurrence. (See Emerqencv Response Spill- Reporting & Notification Requirements/
CHANGE ORDER
CBI may, at any' time, by verbal order followed by a written change order; make specific changes in the
scope of work under any "ORDER" accepted by CBI. Should such. changes involve additional services on the
part of CBI, then CBI shall submit an estimate of the amounts of additional personnel and equipment it expects
to be utilized for such changes. CBI will not proceed with the changes until it has received written authorizatipn
from the "Client" unless the "ORDER" is issued under emergency conditions, were by a verbal "ORDER"
followed by a written fax to CBI's corporate office shall control.
.n an emergency where the safety of persons or property is threatened, CBI shall act, at its sole discretion, to
prevent threatened damage, injury or loss to persons or property. Any such actions must be prudent, cost
effective and justifiable. Such actions will be compensated in accordance with this agreement.
SITE ACCESS
The "Client" shall be responsible for securing all necessary approvals, judicial and/or administrative orders
necessary to ensure CBIIegal access toJhe site.
~
RETAINER
CBI shall charge a yearly retainer fee of $0.00 which shall be prepaid before any services." equipment, or
materials are made available to the "Client". The retainer is required to offset the cost of storage, maintenance,
training and administrative fees. If CBI is called upon to respond to a spill, the annual fee shall be credited to
the cleanup charge.
LICENSING
CBI warrants that it is properly licensed and has the requisite skills and related expertise to provide the
services described or reasonably implied in this agreement.
3
SUPPLEMENTARY TERMS AND CONDITIONS
MANIFEST AND PRODUCT PROFILING:
CBI will provide the "Ciienf' a manifest for all waste removed from the spill site. CBI reserves the right to
determine the ex1i"ct amount of waste transported and disposed thereof. Costs are determined based on the
generator's waste material profile sheet and certification of the representative sample submitted. Should the
waste be different from the sample submitted, the "Client" will be responsible for any additional disposal
surcharges assessed by the disposal facility or incurred during subsequent transportation.
PERSONNEL:
All personnel sent on-site from CBI are technical personnel with the capacity of performing the entire operation
on a given job. If, for any reason, due to the "Clients" collective bargaining agreements, or if the "Client" deems
it is necessary to utilize other personnel in the performance of the work, such personnel shall be furnished by
and at the sole expense of the "Client". Such additional personnel shall work under the direction and
supervision of the "Client" and shall not be employees of CBI.
INSURANCE:
CBI shall observe and comply with all applicable laws in the state where such work is performed relating to
Worker's Compensation and Longshoreman's and Harbor Worker's Insurance coverage for its employees and
shall carry public liability insurance.
TAXES:
Unless otherwise indicated, all applicable federal, state, local taxes and tariffs are to be added to the quoted
price(s).
RENTAL:
The "Client" assumes and agrees to be liable for all risks of physical foss or damage (other than ordinary wear
and tear due to use) to the equipment after delivery to the "Client's" work site until returned to CBI's possession
at point of origin. If such equipment is lost or damaged so as to be unrepairable, the "Client" shall pay CBI its
replacement cost.
TERMS OF PAYMENT:
Unless otherwise stated, terms are NET UPON RECEIPT OF INVOICE. The parties further acknowledge
making payment for all services provided by CBI as outlined under the terms set forth in this agreement.
Failure to make timely payme·nt will result in a 1.5% monthly interest penalty which is to be added to the
outstanding balance, as well as any cost incurred during the process of securing payment, including but not
limited to attorney's fees and the cost of collection.
.
~
PROPOSAL ACCEPTANCE
By my signature below I acknowledge that I have read the proposal and agree to its terms, inducting all those
set forth above. In addition, I concede receiving a copy of the CBI Price List and that I have read all provisions
set forth and agree to all terms and conditions thereof.
COMPANY NAME:
CLIENT SIGNATURE:
CLIENT PRINTED:
TITLE:
DATE:
4
Witnessed:
Cliff Berry, Incorporated
Authorized Signature:
Signature Printed:
Kirk Roberts
Title:
Sales Manager
Date:
1/19/2011
CLIENT INFORMATION
Facility:
Business Address:
Site Address:
Technical Contact:
After Hour Phone#:
Triumvirate Environmental (Florida), Inc. Facility ID #:
3701 SW 47th Avenue, Suite 109, Davie, FL 33314
Port Everglades, Port of Miami, Port Canaveral, Port Tampa, Orlando, Port
of Jacksonville
Shawn Lennon Phone#: (954) 583-3795 Email: [email protected]
(954) 296-3873
Emergency Phone#: (954) 296-3873
Insurance Company:
Name
Address:
Phone#:
Wells Fargo Insurance Services Southeast, Inc. Policy#:
1100 Johnson Ferry Road, Suite 250, Atlanta, GA 30342
(404) 531Fax#:
24 Hour Emergency#:
Technical Contact:
Title:
Phone#:
Email:
24 Hour Emergency#:
FACILITY DESCRIPTION
Type of Facility:
Shoreside Fixed
XXXX Tank Truck
Vessel
Diesel
Gasoline
XXXX Oil Type
Other: Oily Water/Surface
MSDS Date Sheets Included
Number of Tanks & Capacities:
(See diagram below for locations)
Equipment on Hand:
Boats#
XXXX Boom
XJ<XX Absorbents
Additional Details
NamesFacility Certified Responder Personnel:
Length of Largest Vessel Docking at the Facility:
Special Instructions I Additional Information:
Shawn Lennon, Steve Swett, Dave Jones
5
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Section Z (Cont.)
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
MARJORY STONEMAN DOUGLAS BUILDING
3900 COMMONWEALTH BOULEVARD
TALLAHASSEE, FLORIDA 32399·3000
RICK SCOTT
GOVERNOR
HERSCHEL T. VINYARD JR.
SECRETARY
June 6, 2013
Oiff Berry & Associates, Inc.
Cliff Berry, Sr.
700 SE 32nd court
Ft. Lauderdale, FL 33316
RE: Renewal of Certificate for Discharge Cleanup Organization
Dear Mr. Berry:
You are currently listed as an Approved Discharge Cleanup Organization (DCO) for the State of
Florida. We are extending the expiration date of your DCO Certificate to June 30, 2014. Please
notifY this office of any significant changes in your capabilities as a DCO, as well as, changes in
addresses, phone numbers, or contacts.
Retain a copy of this letter with your most current DCO certificate as evidence of your
certification status. If you have any questions, or wish to provide updates, please contact Ms.
Amanda Hartsfield at (850) 245-2870 or via email at [email protected]. You
may also contact your District Emergency Response Manager to address any questions or issues
regarding this program.
Sincerely,
~Ja----
Gwen Keenan, Director
Office of Emergency Response
cc: District OER Managers
www. dep.state.j/. us