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impoundment(s) with a binding committment [sic] to
construct and have operational an elementary
neutralization unit or total enclosed treatment
facility. This binding committment [sic] shall include
the authorization to commit funds by F P & L for the
engineering, design, and construction of said units.
The elementary neutralization unit or total enclosed
system shall be constructed and operational within
fifty (50) weeks from issuance of this permit. * * *
If FPL failed to provide a binding commitment, it then had: (1)
90 days to submit a groundwater monitoring plan; (2) 30 days from
the approval of the groundwater monitoring plan to install the
necessary monitoring wells; (3) within 15 days after completion
of the installation of the monitoring wells, to submit a
certification of the well construction by the engineer of record
for approval; and (4) 15 days from approval of well construction
and certification, to begin sampling the groundwater monitoring
well.
A 1986 BI No. 951, approved on October 15, 1985, budgeted
$1.4 million to “Design and construct neutralization tanks for
fossil fuel power plants” that controlled the pH level of water
discharged from the plant. A section of the BI labeled “purpose
and necessity” states:
Existing and pending state and federal
environmental regulations require the control of the pH
range of water discharged from water treatment
facilities at power plants. * * * State and federal
regulatory agencies no longer recognize the present
means of using existing open neutralization basins to
be in compliance with regulations.
Installation of neutralization tanks is the most
cost effective means of regulatory compliance. * * *
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