Violation Timeline
All following violations are from the official documents by the FDEP and come directly from their records.
August 8, 2018: Permit Issued for Domestic Wastewater Facility (Biosolids)
Permit effective 08/08/2018-08/07/2023
2018
October 2018
Indianhead begins processing biosolids as evidenced by their DMRs
February 1, 2019: Revised Permit for Domestic Wastewater Facility (Biosolids)
Effective 08/08/2018-08/07/2023
For construction and operation of a new biosolids composting site (ZONE B)
2019
April 5, 2019: Special Use Permit Application
Indianhead applies for Special Use Permit with St. Johns County
June 24, 2019: St. Augustine Record
Interview with Joe Williams about Indianhead Biomass processing biosolids prior to acquiring Special Use Permit from the county
March 19, 2020: Special Use Permit Approved by St. Johns County
Special Use Permit File Number SUPMAJ2019-06
2020
August 23, 2022: Compliance Inspection, Out-of-Compliance (*Significant Non-Compliance)
Permit*
Not operating in accordance with permit
The site layout and dimensions of the windrows in zone B is not in accordance with the approximate height and width noted in the permit. Compost zone A was not in use.
Permittee does have the option to obtain his own catalyst treatment methods approved by EPA. This is demonstrated through studies and monitoring reports that is submitted to EPA for review and approval. A consent order will be required to operate while demonstrating this catalyst for EPA approval.
Indianhead must provide documents from calendar year 2019-2022 showing the proprietary organic catalyst purchased for treatment.
Compliance Schedules*
The compliance schedule in section V of permit was not met. Did not submit the stormwater BMPP, Florida Fertilizer License and the notification forms. These documents were due prior to compost operation startup.
The notification Form 62-620.910(12) was not submitted as required by section V of permit.
Laboratory
Facility did not have a copy of the contract laboratory certification during inspection.
Facility uses Midwest Laboratory, a contract facility that is out of state. No certification available during the inspection.
A thermometer was available, but no calibration records were available for review.
Sampling
There are no records to show that the thermometer was calibrated.
Facility has no pH meter on site. The pH is required to be monitored within 15 minutes of sample collection.
A review of a laboratory report indicated the pH sample collected was out of the 15-minute holding time between the collection and analysis.
No on-site pH monitoring is analyzed during the collection of the samples.
No pH primary/secondary standards available on site.
Fecal holding time from sample collection on 6/14/21 to laboratory set up on 6/15/21 was not met as noted on the laboratory report.
Records and Reports
O&M manual was not available during inspection.
No Class A license operator or Certified Compost Program Manager certified by Solid Waste Association of North America (SWANA) was operating since start-up of facility in 2018.
See compliance schedule section of this report.
The April 2022 – August 2022 DMRs were not submitted as required.
The Department has not received all the missing reports as noted in this report.
Facility Site Review
Compost material runoff observed in the northwest corner of compost zone B, and potential impact into wetland.
Operations and Maintenance*
Facility has been operating without a Class A operator/Certified Compost Manager since 2018.
The facility treatment/operation does not match operation set up noted in the submitted O&M documents.
Facility is not following the operation manual requirement.
Stormwater structures, berm slopes and swales around ponds #1 and #3 are not properly maintained, excessive vegetation/small trees observed. Berm on east side of stormwater pond 3 is low, potential overflow during storm events.
Biosolids
Facility does not appear to consistently meet the 30-day testing prior to the distribution and marketing requirement (permit condition #14). Some compost material has been stored on site for more than year after testing.
Permit condition 14 requires the compost material be tested 30 days prior to distribution/marketing, permittee does not appear to be meeting this requirement. There is compost material that was tested over a year and still on site.
Facility is operating without a fertilizer license/not enroll in USCCSTA as required by permit
Facility is not meeting the product labels requirements of permit condition II.23. Missing license# designed “F”, biosolids statement that reference Rule 62-640.700(5),F.A.C., permit condition 23(c); missing recommendation on proper storage, permit condition 23(e). This information was taken from the “Indianhead Soil Shield” document.
Permittee is receiving biosolids from other facilities.
2022
December 7, 2022: Compliance Assistance Offer
FDEP sent Compliance Assistance Offer letter to Indianhead Biomass regarding August 23, 2022 inspection
December 21, 2022: Pilot Study
Pilot Study for Indianhead Incident Strategic Alignment Process (ISAP)
January 2023: Odor Complaints
According to Indianhead's correspondence with the FDEP and the FDEP records, January and February 2023 is when Indianhead Biomass began receiving official complaints from nearby residents regarding odor.
2023
February 7, 2023: CAO Response Follow-Up (12/07/22)
The Chain of Custody, Laboratory Reports, Maintenance and Hauling Logs (incoming and outgoing) between July 2021 to January 2022 were not submitted
September, October and November 2022 Discharge Monitoring Reports (DMRs) were not submitted. These missing DMRs were not part of the inspection but need to be submitted as required by permit.
The FDEP required Indianhead to submit where they sourced biosolids from since it was missing from previous documentation, Indianhead reported to the FDEP that they source from three facilities: St. Johns County, Ft. Lauderdale, and Palm Coast. However, the FDEP notes upon a follow-up inspection one month later, that biosolids were also transported in Orange County, Ormond Beach, and Daytona wastewater treatment facilities (WWTFs). These agreements were not included in the previous response. An agreement for each WWTF transporting biosolids to Indianhead is required.
The runoff of compost material from northwest corner of zone B corrective action is ongoing. Please provide an update and pictures when completed.
The stormwater management and structures deficiencies corrective actions are currently ongoing. Provide pictures when deficiencies are corrected.
March 20, 2023: Odor Management Plan and Meeting Regarding Outstanding Violations
FDEP and Indianhead work with Gulfstream Designs to come up with an Odor Management Plan to address the odor complaints coming in from nearby residents
During the meeting, FDEP discussed the odor reports submitted by neighboring communities
Discussed the observed windrow layout in Zone B not in accordance with permit dimension (Noted on 12/07/2022 inspection report)
FDEP has not received records demonstrating thermometer used for monitoring are properly
calibrated (*Noted on 12/07/2022 inspection report)
May 2, 2023: Response Memorandum
Facility indicates windrow sizes standardized to a height of 15ft, base width of 30ft, and length of 300ft. This does not adhere to their permit. Current operating permit requires windrows to measure approximately 8ft heigh, 16ft wide, and up to 1,000ft in length.
June 19, 2023: On Site and File Review Inspection
Site layout in Zone B not in accordance with permit (Originally cited in 12/07/2022 inspection report and discussed in meeting 03/10/2023)
Department has not received thermometers used for monitoring are properly calibrate (originally cited 12/07/2022 and 3/20/2023 and 07/21/2023 meetings)
Submitted documentation for 02/07/2023 request-some lab data documentation did not match monthly DMRs
July 21, 2023: Meeting with FDEP
Discussed Zone B site layout not in accordance with permit (cited in 12/07/2022 and 03/2020 meeting)
Discussed odor complaints again
FDEP has not received records demonstrating thermometer used for monitoring are properly calibrated (originally cited on 12/07/2022 inspection report and 03/2020 meeting)
August 7, 2023: Biosolids Permit Expires
Indianhead Biomass' biosolids permit expires. Unable to renew due to outstanding noncompliance.
August 8, 2023: FDEP On Site
Again observed layout in Zone B to not be in accordance with permit dimensions (originally cited on 12/07/2022 inspection report and discussed 03/20/2023, and 07/21/2023 meetings)
October, 2023: Compliance Assistance Offer
Windrow dimensions are still in violation of Indianhead Biomass' permit
To date the Department has not received records of temperature readings required by the permit. The Department has not received records demonstrating the thermometers used for monitoring are properly calibrated. (originally cited on 12/07/2022 inspection report and discussed 03/20/2023 and 07/21/2023 meetings)
FDEP requests documentation for August-September 2023, of the compost temperature recordings/information to demonstrate compliance with pathogen reduction and vector reduction requirements.
FDEP requests again for chain of custody, outgoing distribution logs, lab reports, Class AA Discharge Monitoring Reports including metals reports for 07/2023 to 09/2023
Some of the submitted lab data documentation did not match the submitted monthly discharge monitoring reports (DMR), the sampled date noted on the compost submitted lab reports was April 19, 2022, which did not correspond to dates of the discharge monitoring reports.
Discusses odor complaints being submitted
Requests submission of record of "any facility, equipment or operations changes that have been made to reduce odors originating from the facility."
December 1, 2023: Warning Letter No.23-226 Issued
Indianhead Biomass failed to respond to October 26, 2023 Compliance Assistance Offer within 30 days
December 15, 2023: Indianhead Excuses to FDEP
Indianhead Biomass claims their facility is operating very similarly for the past five years since it began composting in 2018. Claims they are functioning properly and meeting the requirements of the permit.
IHB claims they are in compliance
IHB claims that the complaints coincide with a publicly debated attempt from a third-party redevelopment company regarding a parcel of land located nearby the Indianhead site. The odor complaints began shortly after the public notice and subsequent defeat of the redevelopment project.
IHB tries to claim that the developers and builders never submitted complaints and tries to claim that residents from other communities outside of Morgans Cove who had lived there since the 90s have not complained. (This is untrue as evidenced by this interview with a resident who has been here for over three decades: 'I want the stench to stop:' Woman says an odor has invaded their part of St. Augustine, Jessica Clark, First Coast News, June 13, 2023.IHB)
IHB cites Rayonier actively harvesting their pine trees. The removal of several hundred acres of trees in the area took away the vegetative buffer and altered wind travel patterns in the region. (The trees between IHB, Carter Road, and Morgans Cove have been unaffected by Rayonier's harvesting. Carter Road and Morgans Cove are the primary locations of complaint.)
IHB claims they do not operate past 5PM Monday - Friday and the complaints were made at 11:30PM.
January 29, 2024: Aerial Inspection
Revealed Indianhead operated, processed, and stored domestic wastewater (biosolids) outside of the permitted zones
2024
March 28, 2024: Letter Regarding Odor Management Plan
Department advises the additional odor control strategies identified in the Progressive Odor Management Plan be fully implemented with the goal of minimizing off-site odors in the surrounding area near the Indianhead Biomass, LLC facility.
June 26, 2024: Compliance Inspection, Significantly Out-of-Compliance (* Significant Non-Compliance)
Permit
Permit renewal application was submitted May 12, 2022. Permit has been administratively continued.
Laboratory
Midwest Labs is not in Florida. It does not have certification number from the Florida Department of Health. Facility should contact the lab and inquire about any alternative certifications. (This is not a violation, but an observation.)
Sampling
Chains of custody (COC) document does not meet quality assurance requirements.
Sampling collection and releasing times are the same and missing temperatures. At the final lab destination, the receiving time date temperature is not documented, analysis time is not documented on the lab reports.
Facility does not appear to consistently meet the 30‐day testing prior to the distribution and marketing requirement. Some compost material has been stored on site for more than year after testing.
Facility does not have a specific sampling location. Samples are to be collected from the finished final product.
Records and Reports*
Facility is not documenting when PFRP (Processes to Further Reduce Pathogens) is met, number of composting days, dates of windrow pile turning from start to end of composting process. Needed a systematic process in place that could easily be followed.
DMRs were missing or not being submitted in a timely manner for calendar years 2018, 2019, 2020, 2021, 2022, 2023.
Facility Site Review
Failure to follow dimensions described in the permit for the modified aerobic pile (MSAP) – pile height/size and possible width exceeds permit description again.
Perimeter berm was not in satisfactory condition
Biosolids are being processed, screened and stored outside of the permitted zone B clay-lined area.
Operation and Maintenance*
Facility is still not following the permit required MSAP treatment process, including meeting PFRP requirements, number of composting days, dates of windrow pile turning from start to end of composting process, proper inoculant. Needed a systematic process in place that could easily be followed.
Berms were not being maintained around perimeter as required by permit.
Product Quality
The facility has not provided product label to show that requirements of permit condition II.23 is being met with license# designed “F”
Biosolids*
The Permittee failed to maintain adequate records of distribution of Class AA biosolid, See Item 4.1
Facility does not appear to consistently meet the 30-day testing prior to the distribution and marketing requirement. Some compost material has been stored on site for more than year after testing.
Other
Facility failed to ensure that odors from the facility did not adversely affect the surrounding neighborhoods. Rule/Permit Reference: Permit Condition VII.1
June 26, 2024: Compliance Inspection, Significantly Out-of-Compliance (* Significant Non-Compliance)
Permit
Permit renewal application was submitted May 12, 2022. Permit has been administratively continued.
Laboratory
Midwest Labs is not in Florida. It does not have certification number from the Florida Department of Health. Facility should contact the lab and inquire about any alternative certifications. (This is not a violation, but an observation.)
Sampling
Chains of custody (COC) document does not meet quality assurance requirements.
Sampling collection and releasing times are the same and missing temperatures. At the final lab destination, the receiving time date temperature is not documented, analysis time is not documented on the lab reports.
Facility does not appear to consistently meet the 30‐day testing prior to the distribution and marketing requirement. Some compost material has been stored on site for more than year after testing.
Facility does not have a specific sampling location. Samples are to be collected from the finished final product.
Records and Reports*
Facility is not documenting when PFRP (Processes to Further Reduce Pathogens) is met, number of composting days, dates of windrow pile turning from start to end of composting process. Needed a systematic process in place that could easily be followed.
DMRs were missing or not being submitted in a timely manner for calendar years 2018, 2019, 2020, 2021, 2022, 2023.
Facility Site Review
Failure to follow dimensions described in the permit for the modified aerobic pile (MSAP) – pile height/size and possible width exceeds permit description again.
Perimeter berm was not in satisfactory condition
Biosolids are being processed, screened and stored outside of the permitted zone B clay-lined area.
Operation and Maintenance*
Facility is still not following the permit required MSAP treatment process, including meeting PFRP requirements, number of composting days, dates of windrow pile turning from start to end of composting process, proper inoculant. Needed a systematic process in place that could easily be followed.
Berms were not being maintained around perimeter as required by permit.
Product Quality
The facility has not provided product label to show that requirements of permit condition II.23 is being met with license# designed “F”
Biosolids*
The Permittee failed to maintain adequate records of distribution of Class AA biosolid, See Item 4.1
Facility does not appear to consistently meet the 30-day testing prior to the distribution and marketing requirement. Some compost material has been stored on site for more than year after testing.
Other
Facility failed to ensure that odors from the facility did not adversely affect the surrounding neighborhoods. Rule/Permit Reference: Permit Condition VII.1
July 17, 2024: Warning Letter No. WL24-166
FDEP issued Warning Letter to Indianhead Biomass regarding Site Inspections on March 29, April 5, April 10, and June 26, 2024.
October 18, 2024: Consent Order #24-1614 Issued
FDEP issued the Consent Order regarding July 17, 2024's Warning Letter and outstanding violations and noncompliance. Indianhead Biomass failed to come into compliance and correct their violations which led to the issuing of the Consent Order to enforce compliance.
Quoted from the consent order: " 10.(g) In May 2023 (incorrect date), the Department began receiving "odor" complaints from residents in the vicinity of the Facility. The Department verified the presence of "odors" within the Morgans Cove residential development, west of the Facility and along Carter Road to the eat of the Facility, which are consistent with the odor profile detected at the Facility. Respondent Indianhead Biomass failed to take corrective actions including processing of biosolids within the requirements of the BMF Permit. Rules 62-600.400(2)(a) and 62-640.400(6), F.A.C."
15. Respondents' completion of all of the corrective actions required by Paragraphs 10(a)-(q) herein within the respective deadlines specified therein, shall constitute full compliance with Chapter 62-640 and 62-709, F.A.C Completion of all corrective actions and full compliance with Chapter 62-640 and 62-709, F.A.C shall be accomplished within 180 days of execution of this order.
24. Failure to comply with the terms of this Consent Order constitutes a violation of Section 403.161(1)(b), F.S. Each Respondent is fully aware that a violation of the terms of this Consent Order may subject the Respondent to judicial imposition of damages, civil penalties up to $15,000 per day per violations, and criminal penalties
December 16, 2024: Joe Williams Claims Compliance
In a news interview, Joe Williams claims that Indianhead Biomass is in full compliance. During this interview, Joe Williams does not make any comment regarding the community's concerns regarding the on going odor issues.
December 18, 2024: FDEP Communication
A call to the FDEP regarding the validity of Joe William's claim was made. The FDEP stated that Indianhead was not yet fully in compliance.
December 22, 2024: Indianhead in Compliance
The FDEP closes the Consent Order and marks Indianhead in compliance. In a call made later on with nearby residents, the FDEP claims they believe that the odor problem will be resolved now that the facility is operating fully in compliance.
January, February, March, 2025: FDEP Documents Odor is Still Affecting Nearby Neighborhoods
FDEP confirms the biosolid odor is still present in the surrounding communities.
2025
March 19, 2025: Notice of Draft Permit to Renew Indianhead Biomass' Biosolids Permit
The notice of draft permit was posted detailing the intent to issue Indianhead their permit.
The FDEP states "Based upon the application and supplemental information, the Department has determined that the applicant has provided reasonable assurance that the above describe wastewater project complies with the applicable provisions of Chapter 403, F.S., and Title 62 of the F.A.C." despite having documented that the odors, which are a violation of Title 62, are still present and affecting the neighboring communities.
The FDEP states that Indianhead will "continue to follow" the Odor Management Plan. This is after having documented that Indianhead has never followed the Odor Management Plan.
April 1, 2025: Indianhead Current Failures We're Aware of
Indianhead is working outside of their allowed time of 7:00 AM- 5:00 PM, Monday through Friday.
Indianhead has not submitted their DMR's for December 2024 - March 2025.
The FDEP has documented that the human feces odor from Indianhead Biomass is still present in the nearby communities.