### STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
IN RE: FLORIDA POWER 

### & LIGHT ) COMPANY PORT EVERGLADES ENERGY ) CENTER, APPLICANT NO. PA12-57 ) ) 

### OGC CASE NO. 12-0710 DOAH CASE NO. 12-0422-EPP

FINAL ORDER APPROVING CERTIFICATION This matter is before the Secretary of the Department of Environmental Protection ("DEP" or "Department") for the purpose of entering a Final Order under Sections 403.508(6), 403.509(1 )(a), and 403.509(3), Florida Statutes. 

### BACKGROUND On September 24,2012, the Administrative Law Judge ("ALJ") assigned by the Division of Administrative Hearings ("DOAH") issued an "Order Closing File and Relinquishing Jurisdiction" (the "Order"). The Order granted the parties' request to cancel the site certification hearing ("Certification Hearing") and relinquish jurisdiction to the Department in accordance with Section 403.508(6), Florida Statutes. The Order
was issued pursuant to a Joint Stipulation and Motion of the Parties to Cancel Certification Hearing and to Relinquish Jurisdiction to the Department of Environmental Protection for Entry of Final Certification Order ("Joint Stipulation"). The Joint Stipulation stated that no disputed issues of fact or law remain to be raised at the Certification Hearing. The Joint Stipulation also stated that the parties requested cancelation of the Certification Hearing originally scheduled to begin on October 15, 2012, and did not object to entry of a Final Order by the Department. Notice of cancelation of the certification hearing was published, as required by Section

### 403.5115(1 )(g) and (4)(h), Florida Statutes, by FPL in the Sun-Sentinel on October 4, 2012, and by DEP in the Florida Administrative Register on October 1,2012. In light of the above, under Section 403.509(1 )(a), Florida Statutes, the Department is required to prepare and enter a Final Order. 

### PARTIES The following are the parties to this site certification proceeding, under Section 403.508(3), Florida Statutes: Florida Power & Light Company ("FPL"), DEP, the South Florida Water Management District ("SFWMD"), Broward County ("County"), and the Florida Fish and Wildlife Conservation Commission ("FWC"). SFWMD, the County, and the FWC each timely filed a notice of intent to be a party to this proceeding under Section 403.508(3)(b), Florida Statutes. No other agency identified in Section 403.508(3)(a), Florida Statutes, filed a notice of intent to be a party before the 90th day prior to the scheduled certification hearing. No agency, corporation, or other entity filed
a notice of intent to be a party to this proceeding under Section 403.508(3)(c), Florida Statutes. Further, no person, corporation, or other entity filed a petition to intervene in this proceeding under Section 403.508(3)(e), Florida Statutes, as of September 14, 2012, which is the latest day on which intervention could be granted. In addition to the agencies identified above, the following agencies submitted Agency Reports regarding the Project: the City of Hollywood, the Florida Department of Transportation ("DOT"), the South Florida Regional Planning Council ("SFRPC"), and the Department of Economic Opportunity ("DEO").



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### STATEMENT OF THE ISSUE The issue to be decided in this proceeding is whether the Department, acting in lieu of the Siting Board, should approve certification in accordance with the Florida Electrical Power Plant Siting Act, Sections 403.501, et. seq., Florida Statutes ("F.S."), authorizing the Port Everglades Next Generation Clean Energy Center ("PEEC" or "Project") in Broward County, Florida, subject to the attached Conditions of Certification set forth in the DEP Project Analysis Report dated September 12, 2012. PRELIMINARY STATEMENT In the Joint Stipulation, each agency stipulated to the Findings of Fact ("FOF") in the Joint Stipulation that addressed matters within their respective subject matter jurisdictions and they took no position concerning the other FOFs and the proposed Conclusions of law ("COls") in the Joint Stipulation. FPl stipulated to all of the FOFs and proposed COls in the Joint Stipulation. Accordingly, the parties stipulated to, or did not object to, all of the factual findings set forth in the Joint Stipulation. These factual findings are supported by citations to: the Site Certification Application, FPl's Responses to Completeness Comments, and the DEP's Project Analysis Report ("PAR") dated September 4,2012, and attachments thereto. These findings are also supported by other evidence of record in this proceeding. FINDINGS OF FACT

Procedural History 1. FPl filed with DEP on January 24,2012, a site certification application ("SCA") for the PEEC Project.



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### 2. DEP filed on March 5, 2012, a determination of incompleteness for the Project application. 3. FPL submitted responses on April 4,2012, to the determination of incompleteness issued by DEP. 4. DEP determined the application to be complete, on April 26, 2012. 5. DEP issued its Project Analysis Report ("PAR") on September 4,2012, with recommended Conditions of Certification based on DEP's analysis and the reports of the various reviewing agencies. The recommended Conditions of Certification are attached as Exhibit A. 

### 6. A site certification hearing was scheduled to be held in the City of Hollywood, beginning on October 15, 2012, in accordance with Section 403.508(2)(a), F.S. In accordance with Section 403.5115(1)(e) and (4)(f) , F.S., notice of that hearing
was timely published by FPL in the Sun-Sentinel in Broward County and by DEP in the Florida Administrative Weekly. The Applicant & Proposed Project 7. FPL, a subsidiary of NextEra Energy, Inc., is the largest electric utility in the State of Florida. FPL serves approximately 4.5 million customer accounts, and approximately 8.7 million customers, in all or parts of 35 Florida counties. The EXisting Port Everglades Plant 

### 8. The existing Port Everglades Plant Site is located within the City of Hollywood on approximately 92.5 acres within the jurisdictional area of Port Everglades (mid-port section).



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### 9. FPL has operated a power plant at the Site since 1960. Units 1 and 2 went into service in 1960 and 1961, respectively. The commercial in-service dates for Units 3 and 4 were 1964 and 1965. All four units have remained in service since those dates. The Port Everglades Energy CenterProject 

### 10. FPL proposes to modernize the existing Port Everglades Plant [Le., two nominal 200-megawatt ("MW") and two nominal 400-MW conventional residual oil and natural gas-fired generating units and support facilities] into a modern, efficient, loweremission clean energy center using combined cycle technology. The modernized Plant will be located wholly within the existing Plant Site boundaries. The modernization will result in increased power generation without using additional land and water resources. The modernized Plant will be more energy efficient than the existing Plant and will provide cleaner energy to FPL's customers. The modernized Plant will use approximately 35 percent less fuel than the existing Plant, for an equivalent amount of electricity production. The modernized Plant, to be renamed the Port Everglades Next Generation Clean Energy Center ("PEEC"), has a projected in-service date for the modernized Plant of June 2016. 11. PEEC will be a 3-on-1 combined cycle unit, which will consist of three new advanced technology combustion turbines ("CTs"), three new heat recovery steam generators ("HRSGs"), and one new steam turbine/electric generator. The CTs are similar to, but much larger and more efficient than traditional jet engines. The CTs produce electrical energy by combusting fuel that causes a turbine to spin a direct connection to an electric generator. The exhaust heat from the CTs, which would



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### otherwise be wasted energy released to the atmosphere, will be routed through the HRSGs that act as boilers to produce steam for the new steam turbine generator to produce additional electricity. 12. Natural gas will be the primary fuel for PEEC. Ultra low-sulfur light oil will be used as a backup fuel for the CTs. By using natural gas as a primary fuel and stateof-the art air pollution technology, PEEC will minimize air emissions and will be among the cleanest and most efficient fossil fuel-fired electric power generating plants of its type in the State of Florida. 13. The Intracoastal Waterway will continue to provide once-through cooling water for the PEEC. The existing municipal water supply from the City of Fort Lauderdale will continue to be used for process and potable water for the PEEC. 14. Decommissioning and dismantling of the existing generating units will be part of the Project and will be required prior to the construction of PEEC. Certain support facilities, such as the cooling water intake and discharge infrastructures, will be refurbished and reused for the modernized plant. PEEC will interconnect with FPL's transmission network through the existing adjacent system substation. 15. PEEC includes linear associated facilities for Ultra Low Sulfur Distillate ("ULSD") fuel lines and an Aquatic Organism Return System ("AORS") associated with the cooling water intake facilities. These facilities will be constructed within the identified corridors on property owned by Broward County. The ultimate right-of-way for these facilities within the approved corridors and the terms and conditions for use of Port property will be negotiated with Broward County Port Everglades Department.



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### Architectural

### or Historical Sites 16. Based on a cultural resource survey of the Site, conducted in September, 2011, by Archeological and Historical Conservancy ("ACH"), there are no previously recorded archaeological sites or historic standing structures within the Port Everglades Plant property, and there is low probability for archeological sites and features. No sites listed or eligible for listing, in the National Register of Historic Places are located in close proximity to the existing site. The Florida Department of State's Division of Historical Resources ("DHR") reviewed the survey and concurred with ACH's conclusions. DHR requested that additional inventory and evaluation of any bUildings or structures associated with the existing Port Everglades Plant, be identified and documented on a Florida Master Site File Resource Group form and submitted to the DHR for determination of historical significance. DHR concluded on April 19, 2012, that
no adverse impacts to significant historical resources are expected from the development of the PEEC. Construction 17. Onsite dismantlement and construction activities are anticipated to begin in early 2013 and conclude in the summer of 2016. During the dismantlement of the existing Plant, workers will be employed that are specialized in removing recyclable materials, dismantling equipment, removing insulation, preparing structures for demolition, dismantlement, and material removal. The peak construction workforce (mid-2015) is estimated to be approximately 650 people, with an average construction workforce estimated at 290 people from 2014 to 2016.



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### Determination of Need 18. The Florida Public Service Commission ("PSC") issued an affirmative need determination order on April 9, 2012 for the modernization of the Port Everglades Plant. See 

### Order No. PSC-12-0187-FOF-EI. Broward County Land Use 

### 19. Broward County submitted its Agency Report to the DEP, on August 6, 2012. 20. Under Section 403.5175(3), F.S., a land use and zoning consistency determination for the site is not required for an application under the PPSA if the applicant does not propose to expand the boundaries of the existing site or to add additional offsite facilities. A land use and zoning consistency determination from the County was not required for the PEEC Project because FPL is not proposing to expand the existing Port Everglades Plant Site. Although no land use consistency determination was needed, the County confirmed that the County's Comprehensive Plan is the effective plan for the Site. Broward County further confirmed that the PEEC is consistent with the County's land use and zoning designations, and no amendments
were needed to the County's Comprehensive Plan. The PEEC Project is consistent with the County's Comprehensive Plan and Zoning regulations. The County recommended approval of the PEEC subject to proposed conditions. Port Everglades Department 

### 21. The PEEC Site is located within the jurisdiction of the mid-port section of Port Everglades. Therefore, the Broward County Port Everglades Department



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### evaluated the proposed Project to ensure that it is compatible with current and future Port operations. The Port Everglades Department concluded that, 1) the PEEC Project
as proposed will be compatible with present Port Everglades operations, and 2) the PEEC Project facilities can be accommodated on Broward County land in the Port as proposed, with License Agreements between FPL and the Broward County Board of County Commissioners being executed prior to construction of the facilities. The Port Everglades Department of Broward County recommended approval of the PEEC subject to the proposed conditions. Environmental Protection Department 

### 22. Broward County reviewed the PEEC Project for consistency with their Natural Resources Protection Code, Chapter 27 of the Broward County Code of Ordinances, and other relevant polices adopted by the County regarding the protection and conservation of water supplies. In its review, the County requested information regarding the potential use of reclaimed water for non-potable purposes, and other natural resources issues. After full review of FPL's responses, Broward County's Environmental Protection Department concluded that all of its natural resources issues had been addressed and the County recommended approval of the PEEC Project, subject to the proposed conditions. City of Hollywood Land Use 

### 23. The Department received an agency report from the City of Hollywood on August 3,2012. Under Section 403.5175(3), F.S., a land use and zoning consistency determination for the site is not required for an application underthe PPSA ifthe

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### applicant does not propose to expand the boundaries of the existing site or to add additional offsite facilities. A land use and zoning consistency determination is not required for the PEEC Project because FPL does not propose to expand the existing Port Everglades Plant Site. Although no land use consistency determination was made, according to the City, the proposed use of the property described in the SCA is located within the City's Transportation Land Use Future Land Use category and the Port Everglades Development District zoning district. The PEEC Project is consistent with the City's Comprehensive Plan and Zoning regulations. The City recommended approval of the PEEC subject to proposed conditions. Noise 24. Computerized noise modeling analyses were conducted for the PEEC site for both construction and operation. Based on the results of the analyses, FPL concluded that the maximum sound levels predicted during construction of the PEEC will not be unreasonably loud as prohibited by the City of Hollywood noise ordinance; and will be less than the maximum allowable sound levels for properties that are governmental facilities, community service facilities, or commercial/business facilities in the Broward County noise ordinance. The potential use of explosives during the deconstruction phase will result in elevated noise levels but only for very short durations. FPL stated that such activities will be performed in accordance with all applicable regulations, and prior notice to nearby residences and businesses will be given. The noise resulting from operation of the PEEC is expected to be equivalent to,
or less than, the existing plant and comply with applicable noise ordinances.



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### Florida Fish and Wildlife Conservation Commission West Indian Manatee 25. Manatees, which are protected under the Endangered Species Act and the Marine Mammal Protection Act, have regularly been observed in the vicinity of the existing Plant. The modernized PEEC will continue to provide a wintertime thermal refuge for manatees. 

### 26. Operation of the existing Plant will cease prior to dismantlement and construction activities associated with the modernization Project. Consequently, there will be a 3-year period until operation of PEEC commences, during which the normal
warm water discharge will not occur. FPL has developed a plan, pursuant to the requirement of the DEP Industrial Wastewater Permit for the Plant, the PPSA and the FWC's authority, to avoid potential cold water impacts to manatees during this 3-year period. Specifically, FPL will install an electric heater to act as a temporary "manatee heating system" to discharge warm water when necessary while the Plant is offline for modernization. Warm water will be discharged from December 1 to March 31 (to coincide with the time of greatest anticipated manatee abundance), if the ambient water temperature falls below a specified trigger temperature and other criteria. Under the FWC's final recommended Conditions of Certification, which have been included in Exhibit A, the manatee protection ambient water trigger temperature and operational details shall be agreed upon by FWC in consultation with the U.S. Fish and Wildlife Service ("USFWS") and FPL, and included in the Environmental Monitoring Plan. The interim heating system shall be maintained and operated to achieve the results specified in the Environmental Monitoring Plan in accordance with Best Management

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### Practices. FPL is required to develop and implement a Best Management Plan applicable to the interim heating system, and also meet new environmental and biological monitoring requirements during the interim period. Terrestrial Species 

### 27. The existing Plant site itselfwas disturbed for construction of the prior and existing power generation facilities and has been used continuously for the past 50 years for power plant operation. No adverse impacts to federal or state-listed species
or long-term change in populations of non-aquatic threatened or endangered species
are expected during dismantlement, construction and operation of the PEEC because of the existing developed nature of the Site. Additionally, noise and lighting impacts between the new PEEC plant and the existing Port Everglades Plant will be similar. The FWC's recommended conditions include survey requirements to address the potential presence of threatened terrestrial species. DEP Separate AirConstruction Permitting 

### 28. DEP's Division of Air Resource Management regulates major air pollution
sources in accordance with Florida's Prevention of Significant Deterioration (UPSD n) 

### program, as defined in Rule 62-212.400, F.A.C. For new major facilities, or for modifications to existing facilities, each registered air pollutant is reviewed for PSD applicability based on emissions thresholds known as Significant Emission Rates ("SERs"). When emissions from the new PEEC unit are considered and offset by reductions from the shut down and dismantlement of the existing residual oil and natural gas-fueled Units 1 to 4, there will not be a significant net emission increase in any PSD

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### pollutant. For all regulated pollutants, with the exception of Greenhouse Gases ("GHG"), a PSD review is not required. A PSD review is required, however, for PEEC for GHGs. 29. Best Available Control Technology ("BACT") review is required under DEP and U.S. Environmental Protection Agency ("EPA") regulations pertaining to PSD. BACT review is required only for those pollutants that trigger PSD review. PSD review is only required for the GHG emissions from the Project, and is currently being processed by EPA Region IV. 30. On May 9,2012, DEP issued a separate Air Construction Permit for the PEEC Project. DEP has made a determination that the proposed PEEC Project will comply with all applicable state and federal air pollution regulations as conditioned by the final Air Construction Permit. This determination is based on a technical review of the complete application, reasonable assurances provided by the applicant, the emissions standards determinations, review of the air quality impact analysis, and the conditions specified in the permit. 

### AirEmission Controls & 

### ImpactAnalysis 31. The use of clean fuels (i.e., natural gas and ultra low-sulfur light oil), combustion controls, and air pollution control equipment will minimize air emissions and
ensure compliance with applicable emission-limiting standards. Using clean fuels will minimize emissions of sulfur dioxide (liSO2"), 

### particulate matter ("PM/PM1O") and other fuel-bound contaminants. Combustion controls will minimize the formation of nitrogen oxides (liNOx") and the formation of carbon monoxide ("CO") and volatile organic compounds ("VOCs") by combustor design. Further NOx reduction will be achieved by

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### installation and operation of selective catalytic reduction ("SCR"). The combination of these techniques has been determined to represent BACT on previous projects based
on an evaluation of economic, energy, and environmental impacts. In general, the PEEC Project will reduce actual emissions of criteria air pollutants by more than 

### 14,000 tons per year ("TPY") from the existing operation or more than a 

### 90 percent reduction. 

### 32. An air quality impact analysis is not required by New Source Review ("NSR") under DEP air regulations because the net emissions changes resulting from the Project will be less than the PSD significant emission rates. As a supplement to the Air Construction Permit Application included with the SCA, however, air quality impacts
were estimated for the existing Plant and PEEC in the vicinity of the Site for comparison to state ambient air quality standards ("AAQS"). Based on these air quality modeling analyses, the maximum pollutant concentrations due to PEEC are predicted to be less than the AAQS and will comply with all applicable MQS. The modeling results demonstrate that Florida's air quality will be protected and be improved with the modernized Plant. Carbon Dioxide Emissions 

### 33. Emissions of carbon dioxide ("C02") directly correlate to the quantity of combusted fossil fuel. The more fuel consumed, the more C02 released into the atmosphere. As combustion technologies improve, electric generating facilities of all types are constructed with greater and greater efficiencies. More efficient units require less fuel for equal amounts of energy production than lower efficient units. This translates to fewer overall carbon emissions from the more efficient units.



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### 34. The maximum C02 emission rate after the modernization of the Port Everglades Plant will be about one-half the maximum C02 emission rate for the existing Plant. The PEEC should also displace generation that would otherwise be produced by less efficient units in FPL's system, thereby reducing system C02 emissions. From the years 2016 to 2047, the C02 emissions reduction in FPL's system with PEEC operational is projected to be 22 million tons. Cooling WaterIntake andDischarge Considerations 

### 35. The modernized PEEC will continue to use portions of the existing Plant's once-through cooling water system intake and discharge structures and canals withdrawing surface water from Port Slip NO.3 and discharging it to the Intracoastal Waterway. The PEEC once-through cooling water system intake and discharge structures will be operated in accordance with the conditions of NPDES permit number FL0001538. 36. The existing Port Everglades Plant thermal discharge existed on July 1, 1972. Modernization of the existing Plant is expected to decrease the potential thermal loading to the Intracoastal Waterway approximately 50 percent compared to the potential thermal loading, as of August 1972, from the existing Plant. FPL performed a comparative thermal analysis which demonstrates that the extent of the thermal plume is similar for both summer and winter. The potential for impacts on aquatic life from the modernized Plant's offshore thermal discharge is expected to decrease by approximately 50 percent because the size of the modernized Plant's offshore thermal plume will be similar both in summer and winter. The PEEC thermal discharge may commence, in accordance with the conditions of NPDES Permit No.FL0001538, upon

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### the date of the approval for the separately reviewed NPDES permit revision application, submitted with the SCA, to modernize the plant. The NPDES permitting conditions and associated effluent limits are subject to revision if the surface water standards in the applicable rules are revised or new information becomes available. 37. The existing once-through cooling water system for Units 1 to 4 has been in operation for over 45 years. During this time, there has been no documented adverse impact to the biological values outside the discharge canal from the operation of the once-through cooling water system, so as to cause harm to the abundance and diversity of fish, wildlife and listed species, or their habitat. Therefore, significant adverse impacts to aquatic life from impingement or entrainment are not expected from continued operation of the once-through cooling water system, at the same location and with a portion of the refurbished intake structures and reduced intake flow rate. The PEEC once-through cooling water system intake structure will be subject to the conditions of NPDES Permit No. FL0001538. 

### Wastewater 38. FPL will continue to use a reverse osmosis/mixed bed ("RO/MB") demineralizer system for process water treatment using water from the City of Fort Lauderdale. The demineralized water will be pumped into a new onsite storage tank. RO reject water (average flow 54 gpm) will be mixed with the cooling water flow used for condenser cooling before discharge to the Intracoastal Waterway. 39. Sanitary wastewater from the PEEC will be routed to the City of Fort Lauderdale wastewater system for treatment and disposal using the existing connection.



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### 40. The HRSG and feedwater piping will be chemically cleaned initially during commissioning of the PEEC and also periodically during the life of the modernized Plant. The chemicals used will not be permanently stored onsite but will be delivered to the Site by a licensed contractor at the time ofthe scheduled periodic cleanings. Chemical cleaning is an infrequent maintenance operation; it does not contribute to the liquid wastes produced by the normal operation of PEEC. Chemical cleaning wastes will be maintained onsite, tested and disposed of in accordance with DEP requirements. Final conditions related to wastewater discharges will be implemented pursuant to revisions to DEP NPDES Permit No. FL0001538. Hazardous wastes will be managed according to applicable local, State, and federal rules and regulations. StormwaterManagement 

### 41. Stormwater runoff from the PEEC site will be collected and controlled by a stormwater drainage system consisting of a series of catch basins, pipes, channels, swales and culverts located around the PEEC site that will convey runoff to stormwater detention ponds. Runoff from the power block and equipment areas, and from other potentially oil-contaminated areas, will be routed through an oil/water separator and then to the stormwater ponds. 42. Existing stormwater is managed under DEP Permit No. FL0001538. During construction FPL will seek coverage under DEP's Generic Permit for Stormwater Discharge from Large and Small Construction Activities. At completion of construction, FPL will submit a Notice of Intent for the modernized Plant to be covered under the Multi-Sector Generic Permit ("MSGP") for Stormwater Discharge Associated with Industrial Activity.



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### Solid Waste & 

### Hazardous Substances 43. Any non-hazardous and hazardous wastes associated with the operation of PEEC will be managed according to federal, State, and local regulations and FPL's Waste Guidelines. The PEEC may periodically generate hazardous waste [less than 100 kilograms per month], including spent solvents, boiler chemical cleaning wastes, and other wastes. These wastes will be collected and managed as hazardous waste until tested to determine their characteristics. 44. Solid wastes will be generated by the operation of PEEC, but generally in small quantities. Such solid wastes will be limited to municipal solid waste, infrequent replacement of inlet air filters, and solids from the water pretreatment process. An approved solid waste disposal contractor will dispose of all solid wastes. There will be
no facilities requiring a permit under DEP Rule 62-701.300(2), F.A.C., for the modernized Plant. 

### Socioeconomic Impacts 45. The Project will provide economic benefits to the City of Hollywood, Broward County, and Florida. During construction, the average annual construction payroll will be $33.3 million. During operation, the total direct and indirect economic benefits are projected to be $27 million per year from 2017 to 2046. 46. The PEEC Project will result in environmental benefits. The PEEC Project allows for the beneficial reuse of an existing power plant site. This modernization Project will result in increased power generation without using additional land, water resources, or transmission line rights-of-way. The modernized PEEC will have a much lower visual profile, with the height of the tallest structure (Le., stacks) being less than



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### 50 percent of the height of the existing stacks. The modernized PEEC will reduce actual air emissions by more than 90 percent and will reduce the rate of C02 emissions at the facility by about 50 percent. During the operation of PEEC, from years 2016 to 2047, the CO2 

### reduction in FPL's system with PEEC is projected to be 22 million tons. During both construction and normal operation of PEEC, the Site will continue to serve
as a refuge for the endangered manatee into the future. 47. As stated earlier, surface water for the Port Everglades Plant is currently withdrawn from the Intracoastal Waterway via the cooling water intake canal and structures. FPL is proposing to refurbish and reuse portions of the same intake system for the PEEC. 48. FPL also owns fuel oil pipelines located on Port property pursuant to license agreements with Broward County. FPL is removing the NO.6 fuel oil pipelines associated with the existing Port Everglades Plant Units 1 through 4. FPL will be entering into new agreements with Broward County authorizing use of Port property for the proposed ultra low-sulfur distillate fuel oil pipeline for PEEC. SFWMD 

### Water Usage 49. The Intracoastal Waterway will continue to be the source of once-through cooling water for condenser and auxiliary cooling for the PEEC. The ICW will also be the source of intake screen wash water. This source is exempt from the requirements of Chapter 40E-2, F.A.C., since the chloride concentration is greater than the SFWMD's regulatory threshold for seawater (19,000 mgll). The proposed source of process and service water for combustion turbine inlet air cooling, nitrogen oxide injection, steam

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### cycle makeup, and fire protection, as well as potable water for employee use and irrigation, will continue to be the City of Fort Lauderdale Utilities Department. The recommended conditions require FPL to evaluate the economic, environmental, and technical feasibility of potential use of reclaimed water for irrigation and process demands. DOT Traffic 50. The construction workforce for the PEEC Project is expected to average approximately 290 workers from 2013 to 2016 with a peak workforce of about 650 workers in mid-2015. FPL performed intersection capacity/level of service analyses for critical signalized intersections. The additional traffic created by the peak construction workforce will not degrade the operating conditions of the roadway system, although during the peak construction, level of service deficiencies may be experienced on several movements of the Eller Drive/SE 14th Avenue intersection during the morning and evening peak hours. A traffic management plan will be developed to minimize the duration of any level of service deficiencies resulting from construction traffic. The number of employees at the modernized plant will be similar to current conditions. Therefore, it is anticipated that the main signalized access driveway intersection will continue to operate at an acceptable level of service during operation of the PEEC. Agency Reports 

### &Proposed Conditions of Certification 51. As noted above, DOT, DEO, FWC, SFWMD, City of Hollywood, SFRPC and Broward County submitted Agency Reports. Each of these agencies recommended approval, some subject to recommended conditions of certification.

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### 52. As noted above, on September 4 2012, DEP issued its written PAR pursuant to Section 403.507, F.S. The PAR contained a compiled set of proposed Conditions of Certification for the Project, including conditions recommended by the following agencies: DEP, DOT, FWC, DHR, SFWMD, City of Hollywood and Broward County. In its PAR, DEP recommended approval of the PEEC Project provided that FPL complies with the Conditions of Certification in DEP's PAR and attached hereto as Exhibit "A" 53. FPL agreed to the Conditions of Certification attached hereto as Exhibit "A." CONCLUSIONS OF LAW 

### 1. All parties identified above had standing to participate in this proceeding. 2. The Division of Administrative Hearings had jurisdiction of the parties and of the subject matter of this proceeding. This proceeding was conducted in accordance with the PPSA 3. The Administrative Law Judge had the authority pursuant to Section 403.508(6)(a), F.S., to cancel the scheduled site certification hearing, when all the parties to the proceeding stipulated that there were no disputed issues of fact or law to be raised at the certification hearing. 4. The Department is authorized to issue a final order in accordance with Section 403.509(1)(a), F.S., when the Administrative Law Judge cancels the hearing and relinquishes jurisdiction to the Department 5. In accordance with Section 403.5115, F.S. and Chapter 62-17, F.AC., proper notice was provided to all persons, entities and parties entitled to such notice, as

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### well as to the general public. No third party intervened by the deadline of September 14,2012. 6. Under Section 403.5175(3), F.S., the local governments are not required to conduct land use and consistency determinations for the PEEC Project. The City of Hollywood and Broward County, both represent that, for the portion of the Site within the City and County limits, the use of the PEEC as an electricity producing power plant is consistent with their respective current land use and zoning designations. The City and County recommended approval of the Project subject to recommended conditions of certification. The Project is consistent with the Comprehensive Plans of both the City of Hollywood and Broward County. 7. All the necessary and reqUired state and local governmental agencies participated in the certification process. 8. No agency identified any nonprocedural requirements not specifically listed in the Application from which a variance, waiver, exemption or other relief is necessary in order for the proposed site and associated facilities to be certified. 9. The PSC determined the need for the electric power to be supplied by the PEEC as required by Section 403.519, F.S. The PSC is the sole forum for the determination of the need for the PEEC Project, pursuant to Section 403.519, F.S. 10. Considering the criteria set forth in Section 403.509(3), F.S., and balancing the various factors set forth therein, the PEEC Project is eligible for final certification subject to the Conditions of Certification attached hereto as Exhibit "A." This conclusion is based on the information provided by FPL in the site certification

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### application and completeness responses and the information provided by DEP in its September 4,2012, PAR. 11. Under Section 403.509(3)(a), F.S., and so long as the Conditions of Certification are implemented and complied with, FPL has provided reasonable
assurances that operational safeguards for the PEEC Project are technically sufficient for the public welfare and protection. 12. Under Section 403.509(3)(b), F.S., and so long as the Conditions of Certification are implemented and complied with, the PEEC Project complies with applicable nonprocedural requirements of agencies. The DEP's analysis concluded that the PEEC Project is not reasonably expected to cause or contribute to a violation of ambient air quality standards, or water quality standards or criteria. No variances, waivers, or exemptions from any applicable nonprocedural requirements of agencies,
are proposed for the PEEC Project. 13. Through the use of an already developed site, the PEEC Project will minimize the adverse effects on human health, the environment and the ecology of land and its wildlife and the ecology of state waters and their aquatic life, in accordance with Section 403.509(3)(f), F.S. Compliance with the agencies' nonprocedural standards at the PEEC Project will minimize and avoid adverse effects on human health as well as
on the environment. 14. Certification of the Project in accordance with the Conditions of Certification effects a reasonable balance between the need for the facility, as determined by the PSC, and the minimal impacts on air and water quality, fish and wildlife, water resources and other natural resources of the State that would result from

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### the construction and operation of the PEEC Project. 

### See 

### § 403.509(3)(e), Fla. Stat. (2011).15. The foregoing considerations provide reasonable assurance that the PEEC Project will meet all ofthe other criteria for certification under the PPSA. Therefore, the Department concludes that, the PEEC Project will serve and protect the broad interests of the public, so long as the Project is implemented in compliance with the attached Conditions of Certification. CONCLUSION Having reviewed the matters of record and being otherwise duly advised, the Department concludes that, 

### if constructed and operated in accordance with the evidence presented in the record and the attached Conditions of Certification, the PEEC Project will serve and protect the broad interest of the public and should be approved. It is therefore ORDERED that: A. Site certification of FPL's PEEC Project, as described in the Site Certification Application and the record as a whole, is hereby APPROVED. B. The PEEC Project is subject to and FPL shall comply with the Conditions of Certification that are attached as Exhibit "A" and are incorporated by reference herein. JUDICIAL REVIEW Any party to this proceeding has the right to seekjudicial review ofthe Final Order pursuant to Section 120.68, Florida Statutes, by the filing of a Notice ofAppeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard,

24

### M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice ofAppeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this Final Order is filed with the clerk of the Department.

_

# ItDONE AND ORDERED thiSff.!:.... day of October, 2012, in Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

ERSCHEL T. Secretary 

## JR. Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000

FILED ON THIS DATE PURSUANT TO § 120.52, FLORIDA STATUTES, WITH THE DESIGNATED DEPARTMENT CLERK, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED.

# ~f1t.rM**~~kqf}:;.**

25

### CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was sent by electronic mail to the following persons on this

# 9th day of October, 2012. Toni Sturtevant, Asst. Gen. Counsel STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 3900 Commonwealth Boulevard, M.S. 35 Tallahassee, Florida 32399-3000 (850) 245-2257/ FAX 245
- 2302 toni.sturtevant@dep.state.fl.us Luna Phillips, Esq. Gunster, Yoakley & Stewart, P.A. Las Olas Centre 450 East Las Olas Blvd., Suite 1400 Fort Lauderdale, FL 33301 Iphillips@gunster.com

cc: mmcleod@gunster.com Michael Tammaro, Senior Attorney Florida Power & Light Company 700 Universe Boulevard LAW/JB Juno Beach, FL 33408 Michael.Tammaro@FPL.com Charles Murphy, SeniorAttorney Florida Public Service Commission Office of General Counsel 2450 Shumard Oak Blvd. Tallahassee, FL 32399-0850 cmurphy@psc.state.f1.us David Jordan, Asst. Gen. Cns!. Department of Economic Opportunity 107 East Madison Street Caldwell Building Tallahassee, Florida 32399 David.Jordan@deo.myflorida.com Anthony Pinzino, Asst. Gen. Cnsl. Fish and Wildlife Conservation Commission Farris Bryant Building 620 South Meridian Street, Mailbox 5B5 Tallahassee, FL 32399-1600 anthony.pinzino@myfwc.com



### 26 Kimberly Menchion, Asst. Gen. Cnsl. Department of Transportation 605 Suwannee Street, MS 58 Tallahassee, FL 32399-0450 Kimberly. Menchion@dot.state.fl.us Ruth Holmes, Asst. Gen. Cnsl. South Florida Water Mgt. District 3301 Gun Club Road West Palm Beach, FL 33406 rholmes@sfwmd.gov Samuel S. Goren, Esquire Goren, Cherof, Doody and Ezrol South Florida Regional Planning Counsel 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 sgoren@cityatty.com Michael C. Owens, Asst. County Attorney Broward County 115 South Andrews Ave., Suite 423 Fort Lauderdale, FI 33301 mowens@broward.org

cc: blane@broward.org Jeffrey Sheffel, City Attorney City of Hollywood 2712 Van Buren Street Hollywood, FL 33023 jsheffel@hollywoodfl.org

cc: shirsch@hollywoodfl.org


### STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

M.FFOLKES ative Law Counsel

## STATE OF FLORIDA DEPARTMENT OF 

## ENVIRONMENTAL PROTECTION



# Conditions ofCertification

Florida Power & 

### Light Company Port Everglades Next Generation Clean Energy Center

PA 12-57 

### September _, 2012

EXHIBIT "A"

### Table ofContents
SECTION A: GENERAL CONDITIONS 1 I. SCOPE 1 II. APPLICABLE DEPARTMENT RULES 2 

### III. REVISIONS TO DEPARTMENT STATUTES AND 

### RULES 4 IV. 

### DEFINITIONS 4 

### V. DEPARTMENT PERMITS UNDER FEDERAL PROGRAMS 6 A. Air 6 B. Water 6 

### VI. DESIGN AND PERFORMANCE CRITERIA................•........................... 7 VII. NOTIFICATION •••••••••....••••••...••••••••••••.•••............•...••.......•••..••..•..••.•.••.•••..•... 8 VIII. REPLACEMENT FOR RESTORATION OF SYSTEM INTEGRITY 8 IX. CONSTRUCTION PRACTICES 9 A. Local Building Codes 

### 9 B. Open Burning 

### 9 C. Flood Control Protection 

### 9 D. SanitaryWastes 9 E. Vegetation 

### 9 F. Existing Underground Utilities 

### 9 G. Electric and Magnetic Fields (EMF) 10 H. Existing Wells 10 I. Abandonment ofExisting Septic Tanks 10 

### X. RIGHT 

### OF ENTRY...................•.................................................................. 10 XI. DISPUTE RESOLUTION•.•••...•••.•••••••••.•••............•••••••....••••••••.•..•••.•......••... 

### 10 A. General 10 B. Modifications 11 C. Post-Certification Submittals 11 

### XII. SEVERABILITY •••.••••••••••••••••.••••........•....•...•••...•........................................• 

### 11 XIll. ENFORCEMENT 11 XIV. REVOCATION OR SUSPENSION 12 XV. REGULATORY COMPLIANCE 12

Florida Department ofEnvironmental Protection Conditions ofCertification 091 12012 PortEvergladesNext Generation Clean Energy Center PA 12-57

### XVI. CIVIL AND CRIMINAL LIABILITY 12 XVII. USE OF STATE LANDS ....•...............................•........................................ 12 XVIII. PROCEDURAL RIGHTS 13 XIX. AGENCY ADDRESSES FOR POST-CERTIFICATION SUBMITTALS AND NOTICES ..............................................................•............................. 13 XX. PROCEDURES FOR POST-CERTIFICATION SUBMITTALS 15 A. Purpose ofSubmittals 15 B. Filings , 15 C. Completeness 15 D. Interagency Meetings 15 E. Determination ofCompliance 16 F. Commencement ofConstruction 16 G. Revisions to Design PreviouslyReviewed for Compliance 16 H. Variation to Submittal Requirements 16 XXI. 

### POST-CERTIFICATION SUBMITTAL REQUIREMENTS SUMMARY 

### .................................................•...............................•....................................... 16 XXII. XXIII. XXIV.


## xxv. XXVI. XXVII. 

## xxvrn. XXIX. POST CERTIFICATION AMENDMENTS 

### 17 MODIFICATION OF CERTIFICATION 

### 17 INCORPORATION OF EXISTING STATE AND LOCAL**PERMITS~ICENSES** 

### 18 COASTAL ZONE CONSISTENCy 18 FINANCIAL RESPONSIBILITY 18 TRANSFER OF CERTIFICATION 19 LABORATORIES AND QUALITY ASSURANCE 19 ENVIRONMENTAL RESOURCES 19 A. General 19 B. SurfaceWaterManagement. 20 C. Wetland and Other SurfaceWater Impacts 22


### .xxx. THIR.D PARTY IMPACTS .................................................................•....... 23 XXXI. 

### FACILITY OPERATION 23 XXXII. RECORDS MAINTAINED AT THE FACILITy 23 

### .xxxIII. WATER DISCHARGES ............................•..............................•.................. 24 A. Discharges 24

Florida Department ofEnvironmental Protection Conditions ofCertification 09/ /2012 ii PortEverglades Next Generation Clean Energy Center PA 12-57

### XXXIV. SOLID AND HAZARDOUS WASTE 24 

### A. Solid Waste 24 B. Hazardous Waste and Used Oil 24 C. Hazardous Substance Release Notification 25 D. Used Oil, Petroleum ContactWater and Spent Mercury 25 E. Contaminated Site Cleanup 25 XXXV. STORAGE TANK SySTEMS 25 A. 

### IncidentNotification Requirements 25 B. 

### Discharge Reporting Requirements 26 C. Discharge Cleanup 26 D. Out ofService and Closure Requirements 26 SECTION B. SPECIFIC CONDITIONS 27 

### I. DEPARTMENT OF ENVIRONMENTAL PROTECTION 27 A. Waste Cleanup 27 II. SOUTH FLORIDA WATER MANAGEMENT DISTRICT 27 A. 

### Legal/Administrative Conditions 27 B. WaterUse Conditions 30 III. FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION33 A. West Indian Manatee 33 B. Terrestrial Wildlife 40 C. Marine Turtles 41 IV. 

### DEPARTMENT OF STATE

- DIVISION OF HISTORICAL RESOURCES 41 

### V. DEPARTMENT OF AGRICULTURE AND 

### CONSUMER SERVICES 41 

### VI. BROW ARD COUNTY 41 A. 

### Legal/Administrative Conditions 41 B. 

### Port Everglades Department Conditions 42 C. Environmental Protection & 

### Growth ManagementDepartment Conditions 43 

### VII. CITY OF BOLLYWOOD 44

Florida Department ofEnvironmental Protection Conditions ofCertification 09/ /2012 iii PortEverglades Next Generation Clean Energy Center PA 12-57ATTACHMENTS & APPENDICES Attachment A Maps ofCertified Site/Facilities Attachment B StormwaterManagement System Plans Attachment C Mitigation Plans Attachment D License Agreement for Bulk: Petroleum Product Pipelines Attachment E License Agreement for ULSD Pipeline(s) Attachment F License Agreement for Aquatic Organism Return System Appendix I NPDES Permit FLO001538

Florida Department ofEnvironmental Protection Conditions ofCertification 091 12012 iv PortEvergladesNext Generation Clean Energy Center PA 12-57SECTION A: GENERAL CONDITIONS
SECTION A: GENERAL CONDITIONS I. SCOPE A. Pursuant to the Florida Electrical Power Plant Siting Act (PPSA), Sections 403.501-518, Florida Statutes (F.S.), and Chapter 62-17, Florida Administrative Code (F.A.C.), this Certification is issued to Florida Power & Light Company (FPL) as owner/operator and Licensee ofthe Port Everglades Next Generation Clean Energy Center (PEEC). Subject to the requirements contained in these Conditions ofCertification (Conditions), FPL will operate a nominal 1250 megawatt (MW) natural gas-fired combine cycle unit (Unit 5), and associated facilities as described in the Site Certification application (SCA). The electric generating unit and associated facilities are located on approximately 67 acres within the existing 92.5-acre Port Everglades Plant site at 8100 Eisenhower Boulevard in Ft. Lauderdale, Broward County, Florida. The UTM coordinates are: Zone 17,587.38 km East, 2885.25 km North; and the latitude/longitude coordinates are: 26°05'08" North/8000T31'' West. B. The Certified Facility includes but is not limited to the following major associated facilities; 1. Cooling system intake and discharge structures 2. Aquatic Organism Return System 3. ULSD fuel oil pipeline 4. 7 million gallon fuel oil storage tank 5. De-mineralized water storage tank 6. Natural gas compressor station C. These Conditions, unless specifically amended or modified, are binding upon the Licensee and shall apply to the construction, operation and maintenance ofthe certified facility. Ifa conflict should occurbetween the design criteria ofthis certified facility and the Conditions, the Conditions shall prevail unless amended or modified. In any conflictbetween any ofthese Conditions, the more specific Condition governs. D. Within 60 days after completion ofconstruction ofthe electrical powerplant as defined by 403.503(14), F.S., but excluding off-site linear and non-linear associated facilities, the Licensee shall provide to the Department in .pdfformat: a surveymap signed by a professional land surveyor, or acceptable equivalent documentation such as an official legal description, delineating the boundaries ofthe site as defined by Section 403.503(28), F.S., and an aerial photograph delineating the boundaries ofthe site. The survey map and aerial photograph shall be identified as the Site Delineation and attached hereto as part ofAttachment A (Maps). The Licensee shall notify the Department ofany change to the site boundary depicted in the Site Delineation in Attachment A (Maps). The notification shall be accompanied by an updated land survey map (or legal description) and aerial photograph delineating the new boundaries ofthe site for review by the Department. Absent the above description/delineation of the site, the Department will consider the perimeter fence line ofthe property on which the electrical powerplant's generating facility and on-site support facilities are located to be the boundaries ofthe site.

Florida Department ofEnvironmental Protection Conditions ofCertification
9/_,2012 I PortEverglades Next Generation Clean Energy Center PA 12-57

### SECTION A: GENERAL CONDITIONS
E. Ifboth certified and uncertified facilities lie within the boundaries ofthe site, the Licensee shall also comply with the requirements ofthis paragraph. Within 60 days after completion ofconstruction ofthe plant and on-site associated facilities, but excluding off-site linear and non-linear associated facilities, the Licensee shall provide to the Department in .pdf fonnat: a survey map signed by a professional land surveyor, or acceptable equivalent documentation such as an official legal description, delineating the boundaries ofthe certified areas within the site; and an aerial photograph delineating the boundaries ofthe certified areas within the site. The boundaries ofthe certified areas within the site shall include both the certified electrical powerplant's generating facilities as defmed in Section 403.503(28), F.S. and its on-site certified associated facilities (including on-site linear facilities) as defined by Section 403.503(7), F.S. The survey map and the aerial photograph shall be known as the Delineation of the Certified Area and attached hereto as part ofAttachment A (Maps). F. Within 120 days after completion ofconstruction ofany off-site associated nonlinear facilities, the Licensee shall provide to the Department in .pdffonnat; a survey map signed by a professional land surveyor, or acceptable equivalent documentation such as an official legal description, delineating the boundaries ofthe certified area for each off-site non-linear facility. The survey map(s) and aerial photographs shall be known as Delineation ofCertified Off-Site Non-linear Facilities and attached hereto as part ofAttachment A (Maps). G. Within 180 days after completion ofconstruction ofany new associated off-site linear facilities, as defined by Section403.503(7), F.S., the Licensee shall provide; an aerial photograph(s)/map(s) at a scale ofat least 1:400, or acceptable equivalent documentation such as an official legal description or survey map(s) signed by a professional land surveyor, delineating the boundaries ofthe certified area for the linear facilities, following acquisition ofall necessary property interests and the corridornarrowing as described in Section 403.503(11), F.S., which shall be known as the Delineation ofCertified Off-Site Linear Facilities and attached as part of Attachment A (Maps). Following any post-certification approvals thatrequire a change to the boundaries ofthe certified area(s) depicted in the Delineation ofCertified Off-Site Linear Facilities in Attachment A (Maps), the Licensee shall submit an updated aerial photograph/map, survey map or legal description. [Sections 403.511,403.5113, F.S.; subsections 62-4.160(1-2) and 62-17.205(2), F.A. 

### C.] 

### II. APPLICABLE DEPARTMENT RULES The construction, operation and maintenance ofthe certified facility shall be in accordance with all applicable non-procedural provisions ofFlorida Statutes and Florida Administrative Codes, including, but not limited to, the applicable non-procedural portions ofthe following regulations, except to the extent a variance, exception, exemption or otherreliefis granted in the final order ofCertification or in a subsequent modification to the Conditions, under any federal permit or as otherwise provided under Chapter403: 

### Florida Statutes: Chapter 120 (Administrative Procedure Act) Chapter 163 (Intergovernmental Programs) Chapter 252 (Emergency Management) Chapter 253 (State Lands)

Florida DepartmentofEnvironmental Protection Conditions ofCertification
9:_12012 

### 2 PortEverglades Next Generation Clean Energy Center PA 12-57

### SECTION A: GENERAL CONDITIONS Chapter 258 (State Parks & Preserves) Chapter 267 (Historical Resources) Chapter 373 (Water Resources) Chapter 376 (pollutant Discharge Prevention and Removal) Chapter 379 (Fish and Wildlife Conservation) Chapter 380 (Land & Water Management) Chapter 469 (Asbestos Abatement) Chapter 403 (Environmental Control) Chapter 487 (pesticide Regulation and Safety) Chapter 556 (Underground Facility Damage Prevention and Safety) 

### Florida Administrative Codes: 18-2 (Management ofUplands Vested in the Board ofTrustees) 18-14 (Administrative Fines for Damaging State Lands) 18-20 (Aquatic Preserves) 18-21 (Sovereign Submerged Lands Management) 62-4 (Permits) 62-17 (Electrical Power Plant Siting) 62-25 (Regulation ofStorm waterDischarge) 62-40 (Water Resource Implementation Rule) 62-150 (Hazardous Substance Release Notification) 62-160 (Quality Assurance) 62-204 (Air Pollution Control-General Provisions) 62-210 (Stationary Sources-General Requirements) 62-212 (Stationary Sources-Preconstruction Review) 62-213 (Operation Permits for Major Sources of

### Air Pollution) 62-214 (Requirements for Sources Subjectto the Federal Acid Rain Program) 62-256 (Open Burning) 62-296 (Stationary Sources-Emission Standards) 62-297 (Stationary Sources-Emission Monitoring) 62-301 (Surface Waters ofthe State) 62-302 (Surface Water Quality Standards) 62-304 (Total Maximum Daily Loads) 62-312 (Dredge and Fill Activities) 62-330 (Environmental Resource Permitting) 62-340 (Delineation ofthe Landward Extent ofWetlands and Surface Waters) 62-341 (Noticed General Environmental Resource Permits) 62-343 (Environmental Resource Permit Procedures) 62-345 (Uniform Mitigation Assessment Method) 62-520 (Groundwater Classes, Standards and Exemptions) 62-528 (Underground Injection Control) 62-531 (WaterWell ContractorLicensing Requirements) 62-532 (WaterWell Permitting and Construction Requirements) 62-550 (Drinking Water Standards, Monitoring and Reporting) 62-555 (permitting, Construction, Operation, and Maintenance ofPublic Water Systems) 62-560 (Requirements for Public Water Systems That Are Out ofCompliance)

Florida Department ofEnvironmental Protection Conditions ofCertification
9/_,'2012 3 PortEvergladesNext Generation Clean Energy Center PA 12-57

### SECTION A: GENERAL CONDITIONS
62-600 (Domestic Wastewater Facilities) 62-601 (Domestic WastewaterTreatment Plant Monitoring) 62-604 (Collection Systems and Transmission Facilities) 62-610 (Reuse ofReclaimed Water and Land Application) 62-620 (Wastewater Facility and Activities Permitting) 62-621 (Generic Permits) 62-650 (Water Quality Based Efiluent Limitations) 62-660 (Industrial Wastewater Facilities) 62-699 (Classification and Staffmg ofWater or Domestic Wastewater Treatment Plants and Water Distribution Systems) 62-701 (Solid Waste Management Facilities) 62-702 (Solid Waste CombustorAsh Management) 62-710 (Used Oil Management) 62-730 (Hazardous Waste) 62-737 (Management ofSpent Mercury-Containing Lamps and Devices Destined For Recycling) 62-740 (Petroleum ContactWater) 62-761 (Underground Storage Tank Systems) 62-762 (Aboveground Storage Tank Systems) 62-769 (Florida Petroleum Liability and Restoration Insurance Program) 62-770 (Petroleum Contamination Site Clean-Up Criteria) 62-780 (Contaminated Site Clean-Up Criteria) 62-807 (Natural Gas Transmission Pipeline) 62-814 (Electric and Magnetic Fields) 64E-6 (Standards for Onsite Sewage Treatment and Disposal Systems) 40E-4 (Surface Water Management) 40E-40 (General Surface Water Management Permits) 40E-4l (Surface water Management Basin and Related Criteria) Basis ofReview for ERP Applications 

### III. REVISIONS TO DEPARTMENT STATUTES AND RULES A. The Licensee shall comply with rules adopted bythe Department subsequentto the issuance ofthe Certification under the PPSA whichprescribe new or stricter criteria, to the extentthat the rules are applicable to electrical powerplants. Except when express variances, exceptions, exemptions, or otherreliefhave been granted, subsequently adopted Department rules which prescribe new or stricter criteria shall operate as automatic modifications to the Certification. B. Upon written notification to the Department, the Licensee may choose to operate the certified electrical powerplant in compliance with any rule subsequently adopted by the Department which prescribes criteria more lenientthan the criteriarequired by the terms and Conditions in the Certification which are not site-specific. [Section 403.511(5)(a) and (b), F.S; subsection 62-4.160(10), F.A.C.] 

### IV. DEFINITIONS The meaning ofterms used herein shall be governed by the applicable definitions contained in Chapters 373 and 403, F.S., and any regulation adoptedpursuantthereto. In the Florida DepartmentofEnvironmentalProtection Conditions ofCertification 

### 4 Port EvergladesNext GeneraJion Clean Energy Center PA 12-57SECTION A: GENERAL CONDITIONS

event ofany dispute over the meaning ofa term used in these Conditions which is not defined in such statutes orregulations, such dispute shall be resolved by reference to the most relevant defmitions contained in any other state or federal statute orregulation or, in the alternative by the use ofthe commonly accepted meaning. As used herein, the following shall apply: A. "Application" means the documents requiredby the Depamnent to be filed to initiate a certification review and evaluation, including the initial document filing, amendments, and responses to requests from the Department for additional data and information. Forpurposes ofthis license, the Site Certification application shall also include materials submitted for postcertification amendments and petitions for modification to the Conditions ofCertification, as well as supplemental applications. B. "Associated Facilities" is defmed by Section 403.503(7), F.S. C. "Certified Area" means the area within the site in which the certified facilities are located. For linear facilities this tenn shall mean the area encompassed by the boundaries of the certified easements and/or ROWs. D. "Certified Facility" or "Certified Facilities" means the certified electrical power generation facilities and all on- or off-site associated structures including but not limited to: steam generating units, transformers, substations, fuel and water storage tanks, air and water pollution control equipment, storm water control ponds and facilities, cooling towers, and related structures. This term shall also mean linear and associated facilities, including but not limited to: transmission lines, natural gas pipelines, and compressor stations. E. "DEO" means the Florida Department ofEconomic Opportunity. F. "DEM" shall mean the Florida Division ofEmergency Management. G. "DEP" or "Department" means the FloridaDepartment ofEnvironmental Protection. H. "DHR" means the Florida Department ofState, Division ofHistorical Resources. 

### I. "DOT'means the Florida Department ofTransportation. J. "Emergency conditions" or "Emergency reporting" means urgent circumstances involving potential adverse consequences to human life orproperty as a result ofweather conditions or other calamity. 

### K. "Feasible" or "Practical" means reasonably achievable considering a balance of land use impacts, environmental impacts, engineering constraints, and costs. L. "FWC" means the Florida Fish and Wildlife Conservation Commission. M. "Licensee" means an applicant that has obtained a Certification order for the subjectproject. N. "NPDES permit" means a federal National Pollutant Discharge Permit System permit issued by DEP in accordance with the federal Clean WaterAct. O. "Port Everglades" means the FPL Port Everglades Plant in Broward County, Florida. P. "PEEC" means the FPL PortEverglades Next Generation Clean Energy Center. Florida Department ofEnviromnental Protection Conditions ofCertification
9/_,'2012 5 PortEverglades Next Generation Clean Energy Center PA 12·57

### SECTION A: GENERAL CONDITIONS Q. "PSD permit" means a federal Prevention ofSignificant Deterioration air emissions permit issued by DEP in accordance with the federal CleanAir Act. 

### R "ROW" means the right-of-way to be selected by the Licensee within the certified corridorin accordance with the Conditions ofCertification and as defined in Section 403.503(27), F.S. S. "Site" means any proposed location within which will be located an electrical powerplant's generating facility and onsite support facilities, or an alteration or addition of electrical generating facilities and onsite support facilities resulting in an increase in generating capacity, including offshore sites within statejurisdiction. T. "SFWMD" means the South Florida WaterManagement District. U. "Surface Water Management System" or "System" means a stormwater management system, dam, impoundment, reservoir, appurtenant work, orworks, or any combination thereof. The terms "surface water management system" or "system" include areas ofdredging or filling, as those terms are defmed in Sections 373.403(13) and (14), F.S. V. "Title V permit" means a federal permit issued by DEP in accordance with Title V provisions ofthe federal Clean Air Act. 

### V. DEPARTMENTPERNUTSUNDERFEDERALPROGRAMS This Certification is not a waiver ofany other Department approval that may be required under federally delegated or approved programs. The provisions ofthe following federal permits shall be Conditions ofthis Certification to the extent the provisions ofthose permits apply to the certified facility(ies). The Licensee shall comply with the applicable provisions and limitations set forth in the permits listed below, and as those provisions may be modified, amended, orrenewed 

### in the future by the Department. The Department may consider a violation ofany ofthese permits as a violation ofthis license. 

### A. Air All Air Construction Permits and Title V Air Operation Permits in force for the certified parts offacility ID 0110036 are incorporated by reference herein as part ofthese Conditions. The Air Construction and Title V Air Operation Permits canbe found at this web link using the facility 

### ill number listed above: http://appprod.dep.state.fl.us/air/emissionlapds/default.asp. [Chapters 62-4, 62-204, 62-210, 62-212, 62-213, 62-214, 62-296, and 62-297, F.A.C.] 

### B. Water 1. NPDES Industrial Wastewater Discharge Licensee shall comply with all applicable provisions ofNPDES permit No. FL0001538 (attached as Appendix I) as well as any subsequent modifications, amendments and/or renewals. [Chapter 62-620, F.A.C.] 2. NPDES Generic Permit for StormwaterDischarge from Large and Small Construction Activities (CGP) Florida DepartmentofEnvironmental Protection Conditions ofCertification
9:_.'2012 6 PortEvergladesNext Genera/ion Clean Energy Center PA 12-57

### SECTION A: GENERAL CONDITIONS Any stonn water discharges associated with construction activities on the site shall be in accordance with all applicable provisions ofChapter 62-621, F.A.C. Prior to commencing construction activities on the site that:

• contribute to stonnwater discharges to surface waters ofthe State or into a municipal separate stonn sewer system (MS4); and

• disturb one or more acres ofland (less than one acre ifthe activity is part ofa larger commonplan ofdevelopment);
a Generic Permit for StonnwaterDischarge from Large and Small Construction Activities (CGP) must be obtained as applicable. [Section 403.0885, F.S.; Rule 62-621.300, F.A.C.] 3. NPDES Multi-Sector Generic Permit for StonnwaterDischarge Associated with Industrial Activity. Any stonn water discharges associated with industrial activity on the site shall be in accordance with all applicable provisions ofChapter 62-621, F.A.C. For industrial activities at the site that result in a discharge ofstonnwaterto surface waters ofthe State or into a municipal separate stonn sewer system (MS4), and fall under anyone ofthe 11 categories of industrial activities identified in 40 CPR 122.26(b)(14), a Multi-Sector Generic Pennit for Stonnwater Discharge Associated with Industrial Activity (MSGP) shall be obtained as applicable. [Section 403.0885, F.S.; Rule 62-621.300, F.A.C.] 4. NPDES Generic Pennit for Discharge ofProduced GroundWater from any Non-Contaminated Site Activity Priorto discharge ofproduced ground water from any non-contaminated site activity which discharges by a point source to surface waters ofthe State, as defined in Chapter 62-620, F.A.C., the Licensee must first obtain coverage under the Generic Permit for Discharge ofProduced Ground Water From anyNon-Contaminated Site Activity. Similarly, if the activity involves a point source discharge ofground water from a petroleum contaminated site, the Licensee must obtain coverage under the Generic Permit for discharge from petroleum contaminated sites. Before discharge ofground water can occur from such sites, analytical tests on samples ofthe proposed untreated discharge water shall be perfonned as required by Rule 62- 621.300, F.A.C., to determine ifthe activity canbe covered by either permit. Ifthe activity cannot be covered by either generic permit, the Licensee shall apply for an individual wastewaterpermit at least ninety (90) days priorto the date discharge to surface waters ofthe State is expected. No discharge to surface water is pennissible without an effective pennit. [Section 403.0885, F.s.; Rule 62-621.300, F.A.C.] 

### VI. DESIGN AND PERFORMANCE CRITERIA Certification, including these Conditions, is predicated upon preliminary designs, concepts, and perfonnance criteria described in the SCA or in testimony and exhibits in support ofCertification. Final engineering design will be consistent and in substantial compliance with the preliminary infonnation described inthe SCA or as explained at the Certification hearing (if Florida DepartmentofEnvironmental Protection Conditions ofCertification
91_,'2012 7 Port Everglades Next Generation Clean Energy Center PA 12·57

### SECTION A: GENERAL CONDITIONS any). Conformance to those criteria, unless specifically modified in accordance with Sections 403.516,403.5315,403.9418, F.S., and Rule 62-17.211, F.A.C., is binding upon the Licensee in the design, construction, operation and maintenance ofthe certified facility. [Sections 403.511 (2)(a) and403.516, F.S.; Rules 62-4.160(2) and 62-17.211, F.A.C.] 

### VII. NOTIFICATION A. If, for any reason, the Licensee does not comply with orwill be unable to comply with any Condition or limitation specified in this license, the Licensee shall immediately provide the appropriate DEP District and/or Branch Office with the following information: 1. A description ofand cause ofnoncompliance; and 2. The period ofnoncompliance, including dates and times; or, ifnot corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and preventrecurrence ofthe noncompliance. The Licensee shall be responsible for any and all damages which may result and may be subject to enforcement action by the Department for penalties or for revocation ofthis Certification. All notifications which are made in writing shall additionally be immediately provided to the Siting Coordination Office (SCO) via email toSCO@dep.state.fl.us. [subsection 62-4.160(8), F.A.C.] B. The Licensee shall promptly notify the SCO in writing ofany previously submitted information concerning the certified facility that is later discovered to be inaccurate. [subsection 62-4.160(15), F.A. 

### C.] C. Within 60 days after Certification ofany associated linear facility the Licensee shall file a notice ofthe certified route with the Department and the clerk ofthe circuit court for each county through which the corridor will pass. The notice shall consist ofmaps or aerial photographs in the scale of 1:24,000 which clearly show the location ofthe certified route and shall state that the Certification ofthe corridorwill result in the acquisition ofrights-of-way within the corridor. The Licensee shall certify to the Department and clerkthat all lands required for the transmission line rights-of-way within the corridor have been acquired within such county. [Section 403.5112, F.S.] 

### VIII. REPLACEMENT FOR RESTORATION OF SYSTEM INTEGRITY A. The Department will use its enforcement discretion when evaluating violations that result from operating the certified facility under emergency conditions. During and after the emergency conditions, the Licensee must use due diligence to bring the facility back into compliance as soon as possible. 

### In addition, the Licensee must use its best efforts and best management practices to minimize adverse environmental impacts. The Licensee shall notify the SCO and the appropriate DEP District Office when the emergency condition has ended. Furthermore, the Licensee must include all monitoring data, which would otherwise be required under normal operating circumstances, recorded during emergency conditions when submitting reports as required by these Conditions. Any exceedances and/or violations recorded during emergency conditions shall be reported as such, but the Department acknowledges that it intends

Florida Department ofEnvironmental Protection Conditions ofCertification
9:_/2012 

### 8 PortEvergladesNext Generation Clean Energy Center PA 12-57

### SECTION A: GENERAL CONDITIONS

to use its enforcement discretion during this timeframe. This acknowledgement by the Department does not constitute a waiver or variance from any requirements ofany federal permit. Relieffrom any federal agency must be separately sought. [Sections 403.511,403.531, and403.9416, F.S.] 

### IX. CONSTRUCTION PRACTICES 

### A. LocalBuilding Codes Subject to the Conditions set forth herein, this certification constitutes the sole license ofthe state and any agency as to the approval ofthe location ofthe site and any associated facility and the construction and operation ofany certified facility. The Licensee is not required to obtainbuilding permits for certified facilities. However, this certification shall not affect in any way the right ofany local government to charge appropriate fees or require that construction ofinstallations used by the electric utility that are not an integral part ofa generating plant. substation, or control center (such as office buildings, warehouses, garages, machine shops, and recreational buildings) be in compliance with applicable building construction codes. Such fees and compliance with such construction codes are outside ofthe scope ofthis certification. [Section 403.511(4), F.S.] 

### B. Open Burning Priorto open burning in connection with land clearing, the Licensee shall seek authorization from the Florida Forest Service in accordance with the requirements ofChapters 62-256 and 51-2, F.A.C. [Chapters 

### 51-2 and 

### 62-256, F.A.C.] C. 

### Flood ControlProtection The certified facilities shall be constructed in a manner that complies with any applicable non-procedural County flood protection requirements. 

### D. Sanitary Wastes Disposal ofsanitary wastes from construction toilet facilities shall be in accordance with applicable regulations ofthe DEP and Broward County health agency. 

### E. Vegetation For areas located in any Florida Department ofTransportation (DOT) ROW, Chapter 7 ofthe Florida DOT UtilityAccommodationManual available on the DOT website (http://www2.dot.state.fl.us/proceduraldocuments/procedures/bin/71 002000I/Chapter-7.pdf) shall serve as guidelines for best management practices. 

### F. Existing Underground Utilities The Licensee must follow all applicable portions ofthe Underground Facility Damage Prevention and Safety Act, Chapter 556, F.S. The Licensee shall provide the affected local government and the SCO with copies ofvalid tickets obtained from Sunshine State One Call ofFlorida upon request. Tickets shall be available for request until the underground work is completed for the affected area.

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### SECTION A: GENERAL CONDITIONS {Chapter 

### 556, F.S.j 

### G. Electric andMagnetic Fields (EMF) Any transmission lines and electrical substations shall comply with the applicable requirements ofChapter 62-814, F.A.C. (Chapter 

### 62-814, F.A.C.j 

### H. Existing Wells Any existing wells to be impacted in the path ofconstruction that will no longer be used shall be abandoned by a licensed well contractor. All abandoned wells shall be filled and sealed in accordance with subsection 62-532.500(5), F.A.C., or with the rules ofthe authorizing agency, or consistent with these Conditions. (Rules 62-532.400 and62-532.500(5), F.A.C.j 

### L Abandonmentof ExistingSeptic Tanks Any existing septic tanks to be impacted by construction and that will no longer be used shall be abandoned in accordance with Ru1e 64E-6.011, F.A.C., unless these Conditions provide otherwise. {Chapter 64E-6, F.A.C.] 

### X. RIGHT OF ENTRY A. Upon presentation ofcredentials or other documents as may be required by law the Licensee shall allow authorized representatives ofthe Department or other agencies with jurisdiction over aportion ofthe certified facility and any authorized off-site mitigation/compensation or otherwise associated areas: 1. At reasonable times, to enterupon the certified facility in order to monitor activities within theirrespectivejurisdictions for purposes ofassessing compliance with this Certification; or 2. During business hours, to enterthe Licensee's premises in which records are required to be kept under this Certification; and to have access to and copy any records required to be kept underthis Certification. B. When requested by the Department, on its ownbehalfor onbehalfofanother agency with regulatoryjurisdiction, the Licensee shall within 10 working days, or such longer period as may be mutually agreed upon by the Department and the Licensee, furnish any information required by law, which is needed to determine compliance with the Certification. If the Licensee becomes aware that relevant facts were not submitted orwere incorrect in the SCA or in any report to the Department or other agencies, such facts orinformation shall be promptly corrected and submitted. (paragraph 

### 62-4. 160(7)(a) andsubsection 62-4.160(15), F.A. C.j 

### XI. DISPUTE RESOLUTION A. General Ifa situation arises in which mutual agreementbetween either the Department and the Licensee, orthe Department and an agency with substantive regulatoryjurisdiction over a matter Florida Department ofEnvironmental Protection Conditions ofCertification
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### SECTION A: GENERAL CONDITIONS

cannotbe reached, the Department shall act as a facilitator in an attempt to resolve the issue. If the dispute is not resolved in this initial informal meeting, Licensee may request a second informal meeting in which both Licensee and the agency with substantive regulatoryjurisdiction over the matter at issue can participate in an attempt to resolve the issue. If, after such meetings, a mutual agreement cannotbe reached between the parties, then the matter shall be referred to the Division ofAdministrative Hearings (DOAH) for disposition in accordance with the provisions ofChapter 120, F.S. The Licensee or the Department may request DOAH to establish an expedited schedule for the processing ofsuch a dispute. Any filing with DOAH shall state with particularity the specific project and geographic location to which the dispute relates. Work unrelated to the specific project and in areas other than the location to which the dispute relates will not be affected by the dispute. 

### B. Modifications Ifwritten objections are filed regarding a modification, and the objections address only a portion ofa requested modification, then the department shall issue a Final Order approving the portion ofthe modification to which no objections were filed, unless that portion ofthe requested modification is substantially related to or necessary to implement the portion to which written objections are filed. 

## e. Post-Certification Submittals Ifit is determined, after assessment ofa post-certification submittal, that compliance with the Conditions will not be achieved for a particularportion ofa submittal, the Department may make a separate assessment ofotherportions ofthe submittal, unless those portions ofthe submittal are substantially related to or necessary to implement that portion for which it has been determined that compliance with the Conditions will not be achieved. [Sections 120.57, F.S. andRule 62-17.211, F.A.C.] XII. 

### SEVERABILITY The provisions ofthis Certification are severable, and ifany provision ofthis Certification or the application ofany provision ofthis Certification to any circumstance is held invalid, the remainder ofthe Certification orthe application ofsuchprovision to other circumstances shall not be affected thereby. 

### XIII. ENFORCEMENT A. The terms, conditions, requirements, limitations and restrictions set forth in these Conditions are binding and enforceable pursuant to Sections 403.141, 403.161, 403.514, 403.727, and 403.859 through 403.861, F.S., as applicable. Any noncompliance by the Licensee with these Conditions constitutes a violation ofChapter403, F.S., and is grounds for enforcement action, license termination, license revocation, or license revision. The Licensee is placed on notice that the Department may review this Certification periodically and may initiate enforcement action for any violation ofthese Conditions. B. All records, notes, monitoring data and other information relating to the construction or operation ofthe certified facility which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the certified facility and arising underthe Florida Statutes or Department rules, subject to the restrictions in Sections 403.111 and 403.73, F.S. During enforcement actions, the retention period for all records will be
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### SECTION A: GENERAL CONDITIONS
extended automatically unless othelWise stipulated by the Department. Such evidence shall only be used to the extent it is consistent with the Florida Rules ofCivil Procedure and appropriate evidentiary rules. [Sections 403.121,403.131,403.141, 403.151, 403.161, and403.514, F.S.; subsections 62- 4.160(1) and62-4.160(9), F.A.C.] 

### XIV. REVOCATION OR SUSPENSION The Certification shall be final unless revised, revoked or suspended pursuant to law. This Certificationmaybe suspended or revoked pursuant to Sections 403.512, F.S, or for violations ofany ofthese Conditions. This Certification is valid only for the specific processes and operations identified in the SCA, or approved in the final order ofCertification, indicated in the testimony and exhibits in support ofCertification, indicated in a post-certification submittal, or approved in a subsequent amendment ormodification ofthe Certification. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions ofthis approval may constitute grounds for revocation and enforcement action by the Department. Any enforcement action, including suspension and revocation, shall only affect the portion(s) ofthe certified facility that are the cause ofsuch action, and otherportions ofthe certified facility shall remain unaffected by such action. [Sections 403.512, F.S.; subsection 62-4.160(2), F.A.G.] 

### XV. REGULATORY COMPLIANCE As provided in Sections 403.087(7) and 403.722(5), F.S., the issuance ofthis license does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public orprivate property or any invasion ofpersonal rights, nor any infringement of federal, state, or local laws orregulations. This license is not a waiver ofor approval ofany other Department license/permit that maybe required for other aspects ofthe certified facility which are not addressed in this license. This license does not relieve the Licensee from liability for harm or injury to human health or welfare, animal, orplant life, or public orprivate property causedby the construction or operation ofthis certified facility, or from penalties therefore. [subsections 62-4.160(3) and 62-4.160(5), F.A.G.} 

### XVI. CIVIL AND CRIMINAL LIABILITY Except to the extent a variance, exception, exemption or otherreliefis granted in the final order ofCertification, in a subsequent modification to these Conditions, or as othelWise provided under Chapter 403, F.S, this Certification does not relieve the Licensee from civil or criminal penalties for noncompliance with any Condition ofCertification, applicable rules or regulations ofthe Department, or any other state statutes orregulations which may apply. [Sections 403.141,403.161,403.511, F.S.] 

### XVII. USE OF STATE LANDS A. The issuance ofthis license conveys no title to land or water, does not constitute State recognition or aclmowledgment oftitle, and does not constitute authority for the use of submerged lands unless the necessary title or leasehold interests have been obtained from the State. Only the Trustees ofthe Internal Improvement Trust Fund may express State opinion as to title.
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### SECTION A: GENERAL CONDITIONS
B. Ifany portion ofthe certified facility is located on sovereign submerged lands, state-owned uplands, or within an aquatic preserve, then the Licensee must comply with the applicable portions ofChapters 18-2, 18-20, and 18-21, F.A.C., and Chapters 253 and 258, F.S. Ifany portion ofthe certified facility is located on sovereign submerged lands, the Licensee must submit section G ofthe Joint Application for Environmental Resource Permits to the Department prior to construction. Ifanyportion ofthe certified facility is located on state-owned uplands, the Licensee must submit an Upland Easement Application to the Department prior to construction. C. Ifa portion ofthe certified facility is located on sovereign submerged lands or state-owned uplands owned by the Board ofTrustees ofthe Internal Improvement Trust Fund, pursuant to Article X, Section 11 ofthe Florida Constitution, then the proposed activity on such lands requires a proprietary authorization. Under such circumstances, the proposed activity is not exempt from the need to obtain a proprietary authorization. The Department has the responsibility to review and take action on requests for proprietary authorization in accordance with Rules 18-2.018 or 18-21.0051, F.A.C. D. The Licensee is hereby advised that Florida law states: "No person shall commence any excavation. construction, or other activity involving the use ofsovereign or other state lands ofthe state, title to which is vested inthe Board ofTrustees ofthe Internal Improvement Trust Fund or the Department ofEnvironmental Protectionunder Chapter 253, F.S., until such person has received from the Board ofTrustees ofthe Internal Improvement Trust Fund the required lease, license, easement, or other form ofconsent authorizing the proposed use." Pursuant to Chapter 18-14, F.A.C., ifsuch work is done without consent, or ifa person otherwise damages state land orproducts ofstate land, the Board ofTrustees may levy administrative fines ofup to $10,000 per offense. E. The terms, conditions, and provisions ofany required lease or easement issued by the State shall be met. Any construction activity associated with the certified facility shall not commence on sovereign submerged lands or state owned uplands, title to which is held by the Board ofTrustees ofthe Internal Improvement Trust Fund, until all required lease or easement documents have been executed. (Chapters 253 and258, andSection 403.511, F.S.; Chapter 3.1.1. of the B.o.R.; Chapters 18-2, 18-14, 18-21, 62-340, andsubsections 62-343.900(1) and 62-4.160(4), F.A.C.; UplandEasement Application andSection G of the EnvironmentalResourcePermitApplication Form.] 

### XVIll. PROCEDURAL RIGHTS Except as specified in Chapter403, F.S., or Chapter 62-17, F.A.C., no term or Condition ofCertification shall be interpreted to preclude the post-certification exercise by any party ofwhatever procedural rights it may have under Chapter 120, F.S., including those related to rule-making proceedings. (Section 403.511(5)(c), F.S.] 

### XIX. AGENCY ADDRESSES FOR POST-CERTIFICATION SUBMITTALS AND NOTICES Where a Condition requires post-certification submittals and/ornotices to be sent to a specific agency, the following agency addresses shall be used unless the Conditions specify

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### SECTION A: GENERAL CONDITIONS
otherwise orunless the Licensee and the Department are notified in writing ofan agency's change in address for such submittals and notices: Florida Department ofEnvironmental Protection Siting Coordination Office, MS 48 3900 Commonwealth Blvd. Tallahassee, FL 32399-3900 Florida Department ofEnvironmental Protection SoutheastDistrict Office 400 North Congress Ave., Ste. 200 West Palm Beach, FL 33401-2913 Florida Department ofEconomic Opportunity Office ofthe Secretary 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Florida Fish & Wildlife Conservation Commission Office ofPolicy and Stakeholder Coordination 620 South Meridian Street Tallahassee, FL 32399-1600 Florida Department ofTransportation District Administration 605 Suwannee Street Tallahassee, FL 32399-0450 Florida Department ofAgriculture and Consumer Services Division ofForestry 3125 Conner Boulevard Tallahassee, FL 32399-1650 South FloridaWaterManagement District Office ofGeneral Counsel 3301 GunClub Road West Palm Beach, FL 33406 Florida Department ofState Division ofHistorical Resources 500 S. Bronough Street Tallahassee, FL 32399-0250 City ofHollywood Planning and Development Services 2600 Hollywood Boulevard, Rm. 315 Hollywood, FL 33022-9045
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### SECTION A: GENERAL CONDITIONS

Broward County Office ofGeneral Counsel 115 S. Andrews Ave. Ft. Lauderdale, FL 33301 (Section 403.511, F.S.] 

### XX. PROCEDURES FOR POST-CERTIFICATION SUBMITTALS 

### A. Purpose of Submittals Conditions which provide for the post-certification submittal ofinformation to DEP or other agencies by the Licensee are for the purpose offacilitating the agencies' monitoring ofthe effects arising from the location ofthe certified facility and the construction and maintenance ofthe certified facility. This monitoring is for DEP to assure, in consultation with other agencies with applicable regulatoryjurisdiction, continued compliance with these Conditions, without further agency action. A submittal ofinformation or determination of compliancepursuant to a post-certification submittal under this Condition does not provide a point ofentry for a thirdparty. 

### B. Filings All post-certification submittals ofinformation by Licensee are to be filed with the SCO, the DEP District Office(s), and any other agency that is entitled to receive a submittal pursuant to these Conditions. All filings with the SCQ shall be submitted in electronic .pdf format only, unless otherwise requested. Each submittal shall clearly identify the certified facility name, PA#, and the Condition number/s (i.e. Section X, ConditionXX.y.(z» requiring the submittal. As required by Section 403.5113(2), F.S., each post-certification submittal will be reviewed by each agency with regulatory authority overthe matters addressed in the submittal on an expedited and priority basis. (Section 403.5113, F.S., subsection 62-17.191(3), F.A.C.] C. 

### Completeness DEP shall review eachpost-certification submittal for completeness. This review may include consultation with the other agency/ies receiving the post-certification submittal with regulatoryjurisdiction over the matter addressed in the submittal. DEP's finding ofcompleteness shall specify the area ofthe certified facility affected, and shall not delay further processing ofthe post-certification submittal for non-affected areas. Ifany portion ofa post-certification submittal is found to be incomplete, the Licensee shall be so notified. Failure to issue such a notice within 30 days after filing ofthe submittal shall constitute a finding ofcompleteness. Subsequent fmdings ofincompleteness, if any, shall address only the newly filed information. (subparagraph 62-17.191(1)(c) 

### 2, F.A.C.] 

### D. InteragencyMeetings DEP may conduct an interagency meeting with other agencies that received a post-certification submittal. The purpose ofsuch an interagencymeeting shall be for the

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### SECTION A: GENERAL CONDITIONS agencies with regulatoryjurisdiction overthe matters addressed in the post-certification submittal to discuss whether compliance with these Conditions has been provided. Failure of DEP to conduct an interagency meeting or failure ofany agency to attend an interagency meeting shall notbe grounds for DEP to withhold a determination ofcompliance with these Conditions nor to delay the timeframes for review established by these Conditions. At DEP's request, a field inspection shall be conducted with the Licensee and the agency representative in conjunction with the interagency meeting. 

### E. Determination of Compliance DEP shall give written notification within 90 days, to the Licensee andthe other agency/ies to which the post-certification information was submitted ofDEP's determination of whether there is demonstration ofcompliance with these Conditions. Ifit is determined that compliance with the Conditions has not beenprovided, the Licensee shall be notified with particularity ofthe deficiencies and possible corrective measures suggested. Failure to notify Licensee in writing within 90 days ofreceipt ofa complete post-certification submittal shall constitute a determination ofcompliance. A post-certification compliance review may be the basis for initiating modifications to the relevant Condition orto otherrelated Conditions. 

### F. Commencement of Construction IfDEP does not object within the time period specified in paragraph E. above, Licensee may begin constructionpursuantto the terms ofthese Conditions and the subsequently submitted construction details. 

### G. Revisions to Design PreviouslyReviewed for Compliance Ifrevisions to site-specific designs occur after submittal, the Licensee shall submit revised plans priorto construction for review in accordance with the post-certification process specified in this Condition. 

### H. Variation to SubmittalRequirements DEP, in consultation withthe appropriate agencies that have regulatory authority over a matter to be addressed in a post-certification submittal, and Licensee mayjointly agree to vary any ofthe post-certification submittal requirements, provided the information submitted is sufficient to provide reasonable assurances ofcompliance with these Conditions. (Sections 120.569,373.413,373.416, and403.511, F.S.; Rules 62-17.191 and 62-17.205, F.A.C.] 

### XXI. POST-CERTIFICATION SUBMITTAL REQUIREMENTS SUMMARY Within 90 days after Certification, and within 90 days after any subsequent modification or Certification, the Licensee shall provide the Department a complete summary of those post-certification submittals that are identified in these Conditions when due-dates for the information required ofthe Licensee have been identified. A summary shall be provided as a separate document for each transmission line, ifany. Such submittals shall include, but are not limited to, monitoring reports, managementplans, wildlife surveys, etc. The summary shall be provided to the SCO, in a sortable spreadsheet, electronically, in the format shown below or equivalent. For subsequent modifications and certifications, a Post-Certification Submittal Requirements Summary shall be required for only those resulting in new or altered postcertification requirements. Florida Department ofEnvironmental Protection Conditions ofCertification
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### SECTION A: GENERAL CONDITIONS
Condition Number Requirement and Due Date Name ofAgency or Timeframe Agency Subunit to whomthe submittal is required to be provided

[Section 403.5113, F.S.; Subsection 62-17.191(3), F.A.C.] 

### XXD. POST CERTIFICATION AMENDMENTS If, subsequent to Certification, the Licensee proposes any material change to the SCA and revisions or amendments thereto, as certified, the Licensee shall submit a written request for amendment and a description ofthe proposed change to the SCA to the Department. Within 30 days after the receipt ofa complete request for an amendment, the Department shall determine whetherthe proposed change to the application requires a modification to the Conditions. A. Ifthe Department concludes that the change would not require a modification to the Conditions, the Department shall provide written notification ofthe approval ofthe proposed amendment to the Licensee, all agencies, and 

### all other parties to the Certification. B. Ifthe Department concludes that the change would require a modification to the Conditions, the Department shall provide written notification to the Licensee that the proposed change to the SCA requires a request for modification pursuant to Sections 403.516, F.S. [Section 403.5113, F.SJ 

### XXIII. MODIFICATION OF CERTIFICATION A. Pursuant to Sections 403.516(1)(a), F.s., and Rule 62-17.211, F.A.C., the Siting Board hereby delegates the authority to the Department to modify any Condition which would not otherwise require approval by the Siting Board, after notice and receipt ofno objectionby a party to the Certification within 45 days after notice by mail to the party's last address ofrecord, and ifno otherperson whose substantial interests will be affected by the modification objects in writing within 30 days ofpublic notice. B. The Department may modify Conditions, in accordance with Section 403.516(1)(b), F.S., which are inconsistent with the terms ofany subsequent and separately DEP-issued permits, permit amendments, permit modifications, orpermit renewals under a federally delegated or federally approved permit program. Such modification may be made without further notice ifthe matter has been previously noticed underthe requirements for any federally delegated or approved permit program.

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### SECTION A: GENERAL CONDITIONS
C. In accordance with Section 403.5l6(l)(c), F.S., the Licensee may file a petition for modification with the Department, or the Department may initiate the modification upon its own initiative. D. Any anticipated facility expansions, production increases, orprocess modifications which may result in new, different or increased discharge or emission of pollutants, change in fuel, or expansion in generating capacity must be reported by submission of an appropriate request for an amendment, modification, or certification. E. Any anticipated facility change that results in a change to the Site Delineation or the Delineation ofthe Certified Area, attached hereto as part ofAttachment A (Maps), must be accompanied by a map or aerial photo showing the proposed new boundaries ofthe site and/or certified area. Within 120 days after completion ofconstruction ofthe approved facility change, the Licensee shall provide the information required by Section 

### A. General Conditions, Condition I. Scope, paragraphs D, E, F, or G, as appropriate. [Sections 120.569(2)(n), 403.511(5)(a), and403.516, F.S.; Rule 62-17.211, F.A.G.] 

### XXIV. INCORPORATION OF EXISTING STATE AND LOCAL PERMITSILICENSES The operation ofthe certified facility shall be in accordance with all applicable provisions ofany state or local governmentregulation. All state and locally issued permits are intended to be incorporated herein, such that the Licensee shall comply with the substantive provisions and limitations set forth in those permits. The inadvertent omission ofany state or locally issued permit/approval from these Conditions can be remedied by a modification ofthe Conditions to include provisions from the state or locally issued permit/approval. At any time following certification, should the Licensee become aware ofany state or locally issued permit/approval not included herein, the Licensee shall promptly notify the SCQ for incorporation into these Conditions. Likewise, when the Department is made aware ofany separately issued permits/approvals that were inadvertently not included in the Conditions, the Conditions will be modified to incorporate the substantiveprovisions and limitations ofany such permit/approval. 

### XXV. COASTAL ZONE CONSISTENCY Pursuant to Sections 373.428 and 403.511, F.S., certification ofthe facility constitutes the State's concurrence that the licensed activity or use is consistent with the federally approved program under the Florida Coastal Management Act. [Sections 373.428,380.23 and403.511(7), F.S.] 

### XXVI. FINANCIAL RESPONSIBILITY The Department may require the Licensee to submitproofoffinancial responsibility and may require the Licensee to post an appropriate bond in those instances where the Department is authorized to require proofoffmancial responsibility or a bond pursuant to a law or Department rule that is applicable to the certified facility. [Rule 62-4.110, F.A.C.]

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### SECTION A: GENERAL CONDITIONS
XXVII. TRANSFER OF CERTIFICATION A. This Certification is transferable in whole or inpart, upon Department approval, to an entity determined to be able to comply with these Conditions. A transfer ofCertification of all or part ofthe certified facility may be initiated by the Licensee's filing ofa Notice ofIntent to Transfer Certification with the Department and the parties. The notice ofintent shall identify the intended new Certification holder or Licensee and the identity ofthe entity responsible for compliance with the Certification. Parties shall have 30 days to file 

### in writing with the Department any objections to transfer ofthe certification. Upon the filing with the Department of a written agreement from the intended new Licensee to abide by all the Conditions of Certification and applicable laws and regulations, the transfer shall be approved unless the Department objects to the transfer on the grounds ofthe inability ofthe new Licensee to comply with the Conditions ofCertification, specifies in writing its reasons therefore, and gives notice and opportunity to petition for a Section 120.57, F.S., administrative hearing. Upon approval, the Department will initiate a modification to the Conditions to reflect the change in ownership in accordance with Rule 62-17.211, F.A.C. B. In the event ofthe dissolution ofthe Licensee, the Department may transfer Certification to successor entities which are determined to be competent to construct, operate and maintain the certified facility in accordance with the Conditions ofCertification and which are proper applicants as definedby the PPSA. Upon determination that such a successor entity complies with the requirements for transfer ofCertification, the Department will initiate a modification to the Conditions to reflect the change in ownership in accordance with Rule 62- 17.211, F.A.C. [Rule 62-17.211, F.A.C} 

### XXVIII. LABORATORIES AND QUALITY ASSURANCE Chemical, physical, biological, microbiological and toxicological data collected as a requirement ofthese Conditions must be reliable, and collected and analyzed by scientifically sound procedures. Unless otherwise specified in these Conditions, the Licensee shall adhere to the minimum field and laboratory quality assurance, methodological and reporting requirements ofthe Department as set forth in Chapter 62-160, F.A.C. Standard Operating Procedures can be downloaded from the following website: http://www.dep.state.fl.us/labs/ga/sops.htm. [Rule 62-160, F.A.C.} 

### XXIX. ENVIRONMENTAL RESOURCES A. General 1. Submittals for Construction Activities
a. Priorto the commencement ofconstruction ofnew facilities and/or associated facilities the Licensee shall provide to the appropriate DEP District's Environmental Resource Permitting Section(s) for review, all information necessary for a completeJoint ApplicationforEnvironmentalResource Permit (ERP), DEP Form 62-343.900(1), F.A.C. This form may: a) have been submitted concurrently with a SCA; b) be submitted as part ofan amendment request or a petition for modification; or c) be submitted as a post-certification submittal following approval ofa project through certification, modification or amendment. Such ERP submittals, once received, shall be reviewed in Florida DepartmentofEnvironmental Protection Conditions ofCertification
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### SECTION A: GENERAL CONDITIONS
accordance with the non-procedural standards and criteria for issuance ofan ERP, including all the provisions related to reduction and elimination ofimpacts, conditions for issuance, additional conditions for issuance, and mitigation contained in Chapters 62-330, 62-341, and 62-343, F.AC., as applicable unless otherwise stated in these Conditions. Those forms submitted as part ofa SCA, an amendment, or modification, shall be processed concurrently with, and underthe respective certification, amendment, ormodificationprocedures. Those forms submitted as a post-certification submittal (after certification, modification, or amendment and prior to construction) shall be processed in accordance with Section A ConditionXX. Procedures for Post-Certification Submittals. No construction shall commence on a Project feature, or in a particular segment for a linear facility, until the Department has determined that there is a demonstration ofcompliance with these Conditions. Forpost-certification submittal reviews, the Department's detennination is governed by Section A, Condition XX. Procedures for PostCertification Submittals. b. Concurrent with submittal ofthe DEP form required in Subparagraph Al.a., above, the Licensee shall submit, as applicable, a survey ofwetland and surface water areas as delineated in accordance with Chapter 62-340, F.AC., and verified by appropriate agency stafffor Department approval. Available DEP-approved wetland and surface water delineations within the boundaries ofa certified site or a portion thereofmay be used and reproduced for this delineation submittal and verification. [Chapter 62-340, FA. 

### C.] [Section 373.416, F.S.; subsections 62-343.070(2) and 62-346.070(2), paragraph 62-343.090(2)(b), andForm 62-343.900(1), FA.C.] 2 Construction, operation and maintenance ofthe proposed project (including any access roads and structures constructed within wetlands and other surface waters, and/or associated facilities) shall satisfy any applicable non-procedural requirements in the Departmentrules. [Section 373.414(1)(a), FS.} 3. Any delineation ofthe extent ofa wetland or other surface water submitted as part ofthe DEP ERP Application Form required by Subparagraph A1.a. above, including plans or other supporting documentation, shall not be considered binding on the Departmentunless a specific Condition ofthis Certification or a formal wetlandsjurisdictional determination under Section 373.421(2), F.S., provides otherwise. [Sections 373.421, 403.504, and403.523, F.S.} 

### B. Surface WaterManagement 1. Informationregarding surface water management systems (SWMS) will be reviewed for consistency with the applicable non-procedural requirements ofPart IV of Chapter 373, F.AC. following submittal ofForm 62-343.900(1) to the appropriate office ofthe Department. 2. All construction, operation, and maintenance ofthe surface water management system(s) for the certified facilities shall be as set forth intheplans, specifications and
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### SECTION A: GENERAL CONDITIONS perfonnance criteria contained in the Application and othermaterials presented during the certificationproceeding, post-certification submittals, and as otherwise approved. Ifspecific requirements are necessary for construction, operation and/ormaintenance ofan approved SWMS, those requirements shall be incorporated into a SWMS Plan for that system and included in Attachment B, as well as any subsequent alterations, amendments, and/ormodifications thereto. Any alteration ormodification to the SWMS Plan orthe surface watermanagement system as certified shall require prior approval from the Department. 3. To allow for stabilization ofall disturbed areas, immediatelypriorto construction, during construction, and for the period oftime after construction ofthe SWMS, the Licensee shall implement and maintain erosion and sediment control best management practices, such as silt fences, erosion control blankets, mulch, sedimenttraps, polyacrylamide (PAM), temporary grass seed, permanent sod, and floating turbidity screens to retain sediment on-site and to prevent violations ofstate water quality standards. These devices shall be installed, used, and maintained at all locations where the possibility exists oftransferring suspended solids into the receiving waterbody due to the licensed work, and shall remain 

### in place at all locations until construction in that location is completed and soils are pennanently stabilized. All best management practices shall be in accordance with the guidelines and specifications described in the State of Florida Erosion andSediment ControlDesignerandReviewerManual (Florida Department ofTransportation and Florida Department ofEnvironmental Protection, by HydroDynamics Incorporated in cooperation with StonnwaterManagement Academy, June 2007) unless a project-specific erosion and sediment control plan is approved as part ofthis License. Ifproject-specific Conditions require additional measures during anyphase of construction or operation to prevent erosion or control sediments beyond those specified in the approved erosion and sediment control plan, the Licensee shall implement additional best management practices as necessary, in accordance with the guidelines and specifications in the State of Florida Erosion andSediment ControlDesignerandReviewerManual. The Licensee shall correct any erosion or shoaling that causes adverse impacts to the waterresources as soon as feasible. Once project construction is complete in an area, including the re-stabilization ofall side slopes, embankments and other disturbed areas, and before conversion to the operation and maintenance phase, all silt screens and fences, temporary baffles, and othermaterials that are no longer required for erosion and sediment control shall be removed. 4. The Licensee shall complete construction of

### all aspects ofthe surface water management system described in the ERP Application Fonn, submitted as part ofapostcertification submittal, amendment, modification, or certification application including water quality treatment features, and discharge control facilities priorto use ofthe portion ofthe certified facility being served by the surface water management system. 5. At least 48 hours prior to the commencement ofconstruction ofany new surface water management system authorized by this Certification, the Licensee shall submit to the Department a written notification ofcommencement using an "Environmental Resource Pennit Construction Commencement Notice" (DEP Fonn 62-343.900(3), F.A.C.), indicating the actual start date and the expected completion date. When the duration ofconstruction will exceed one year, the Licensee shall submit construction status reports to the Department on an annual basis utilizing an "Annual Status Report Fonn" (DEP Fonn No. 62-343.900(4), F.A.C.). Status Report Fonns shall be submitted the following June ofeach year.

Florida Department ofEnvironmental Protection Conditions ofCertification
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### SECTION A: GENERAL CONDITIONS
6 Each phase or independent portion ofthe approved system must be completed in accordance with the submitted DEP Form prior to the operation ofthe portion of the certified facility being served by that portion orphase ofthe system. 7. Within 30 days aftercompletion ofconstruction ofany new portions ofthe surface water management system, the Licensee shall submit to the SCO and DEP District Office a written statement ofcompletion and certificationby a registered professional engineer (p.E.), or other appropriate registered professional, as authorized by law, utilizing the required "AsBuilt Certification by a Registered Professional" (DEP Form 62-343.900(5), F.AC). Additionally, ifdeviations from the approved drawings are discovered, the As-Built Certification mustbe accompanied by a copy ofthe approved drawings with deviations noted. 8. Any substantial deviation from the approved drawings, exhibits, specifications or Conditions, may constitute grounds for revocation or enforcement action by the Department. Examples ofsubstantial deviations may include excavation ofponds, ditches or sump areas deeper than shown on the approved plans. 9. Prior to converting a constructionphase surface watermanagement system to an operation phase surface water management system, the Licensee shall submit to the Department a "Request for Transfer ofEnvironmental Resource Pennit Construction Phase to Operation Phase" (DEP Fonn 62-343.900(7), F.AC). The operationphase ofany new surface water management system approved by the Department shall not become effective until the Licensee has complied with the requirements ofthe Conditions herein, the Department determines the system to be in compliance with the approved plans, and the entity approved by the Department accepts responsibility for operation and maintenance ofthe system. 10. The DEP DistrictERP Section must be notified in advance ofanyproposed construction dewatering. Ifthe dewatering activity is likelyto result in offsite discharge or sediment transport into wetlands or surface waters, a written dewatering plan must be submitted to and approvedby the Department priorto the dewatering event. Additional authorizations may be required for certain dewatering discharges. [Section 373.414, F.S.; Chapters 62-25, 62-302, 62-330, 62-343, andRule 62-4.242, F.A.C.] C Wetland and OtherSurface WaterImpacts 1. All certified facilities shall be constructed in a mannerwhich will eliminate orreduce adverse impacts to on-site and/or adjacent wetlands or other surface waters to the extent practicable or otherwise comply with substantive criteria for elimination orreduction. When impacts to wetlands will occur as a result ofa future amendment, modification, or certification, and cannot be practicably eliminated orreduced, the Licensee maypropose and the Department or Board shall consider mitigation to offset otherwise unpermittable activities under the Environmental Resource Permitreview process pursuant to Condition AI. above. 2. Proposed mitigation plans submitted with the DEP ERP Application form required in Condition AI.a. above, or submitted and approved as part ofan amendment, modification, or certification, and that are deemed acceptable by DEP, shall include applicable construction conditions, success criteria and monitoring plans, and shall be incorporated into these Conditions as Attachment C (Mitigation Plans).

Florida Department ofEnvironmental Protection Conditions ofCertification
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### SECTION A: GENERAL CONDITIONS [Sections 373.413,373.414, 373.4145, 403.511, 403.531, and403.814(6), F.S.; Chapters 62-330, 62-341 62-342, 62-343, and 62-345, F.A.C.} 

### XXX. THIRD PARTY IMPACTS The Licensee is responsible for maintaining compliance with these Conditions even when third party activities authorized by the Licensee occur in or on the certified area. Such third party activities authorizedby the Licensee may include but are not limited to mining, hunting, and timbering. [Sections 403.506(1) and403.524(1), F.S.} 

### XXXI. FACILITY OPERATION The Licensee shall properly operate and maintain the certified facility and systems of treatment and control (and related appurtenances) that are installed and used by the Licensee to achieve compliance with these Conditions, as required by the fmal order ofCertification, these Conditions, or a post-certification amendment ormodification. This provision includes the operation ofbackup or auxiliary facilities or similar systems when necessary to achieve compliance with the fmal order ofCertification, these Conditions, or a post-certification amendment ormodification. Further, the Licensee shall take all reasonable steps to minimize any adverse impact resulting from noncompliance with any limitation specified in this Certification, including such accelerated or additional monitoring as necessary to determine the nature and impact ofthe noncomplying event. [subsection 62-4.160(6), F.A.C.} 

### XXXII. RECORDS MAINTAINED AT THE FACILITY A. These Conditions or a copy thereofshall be kept at the site. B. Upon request, the Licensee shall furnish all records and plans required under Departmentrules. During enforcement actions, the retention period for all records will be extended automatically unless otherwise stipulated by the Department. C. The Licensee shall hold at the site, or other location designated by these Conditions, records ofall monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation required by these Conditions, copies ofall reports required by these Conditions, and records ofall data used to complete the SCA for this approval. These materials shall be retained at least three (3) years from the date ofthe sample, measurement, report, or application unless otherwise specified by Departmentrule. D. Records ofmonitoring information shall include: 1. the date, exact place, and time ofsampling or measurements; 2. the person responsible for performing the sampling or measurements; 3. the dates analyses were performed; 4. the person responsible for performing the analyses; 5. the analytical techniques or methods used; and, 6. the results ofsuch analyses.
Florida DepartmentofEnvironmental Protection Conditions ofCertification
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### SECTION A: GENERAL CONDITIONS [subsection 62-4.160(12) and paragraph 62-4.160(14)(b), F.A.C] 

### XXXIII. WATER DISCHARGES 

### A. Discharges 1. The Licensee shall not discharge to surface waters wastes which are acutely toxic, orpresent 

### in concentrations which are carcinogenic, mutagenic, orteratogenic to human beings or to significant locally occurring wildlife or aquatic species. The Licensee shall not discharge to ground waters wastes in concentrations which, alone or in combination with other substances, or components ofdischarges (whether thermal or non-thermal) are carcinogenic, mutagenic, teratogenic, or toxic to human beings (unless specific criteria are established for such components in Rule 62-520.400, F.A.C.) or are acutely toxic to indigenous species ofsignificance to the aquatic community within surface waters affected by the ground water at the point ofcontact with surface waters. 2. All discharges and activities must be conducted so as to not cause a yiolation ofthe water quality standards set forth in Chapters 62-4, 62-302, 62-520, and 62-550,62- 620, F.A.C., including theprovisions ofRules 62-4.243, 62-4.244, 

### and 62-4.246, F.A.C., the antidegradationprovisions ofparagraphs 62-4.242(1)(a) and (b), F.A.C., subsections 62-4.242(2) and (3), F.A.C., and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and OutstandingNational Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C.; 3. All dewatering discharges must be in compliance with Rule 62-621.300, F.A.C. [Chapters 62-4,62-302, 62-520, 62-550, and 62-620, F.A.C., andRule 62-621.300, F.A.C.] 

### XXXIV. SOLID AND HAZARDOUS WASTE 

### A. Solid Waste The Licensee shall comply with all applicable provisions ofChapters 62-701 and 62-702, F.A.C., for any solid waste generated within the certified facility during construction, operation, and maintenance. [Chapters 62-701 and 62-702, F.A.C.] 

### B. Hazardous Waste and Used Oil The Licensee shall comply with all applicable non-procedural provisions of DEP Chapter 62-730, F.A.C., for any hazardous waste generated within the certified facility. An EPA identification numbermust be obtained before beginning hazardous waste activities unless the facility is a Conditionally Exempt Small Quantity Generators (CESQGs). CESQGs generate no more than 100 kg (220 lbs) ofhazardous waste in any month. The Licensee shall comply with all applicable provisions ofDEP Chapter 62-710, F.A.C., for any used oil and used oil filters generated within the certified facility. The Licensee shall comply with all applicable provisions ofDEP Chapter 62-737, F.A.C., for any spent mercury-containing lamps and devices generated within the certified facility.

Florida DepartmentofEnvironmental Protection Conditions ofCertification
9:_;2012 24 PortEverglades Next Generation Clean Energy Center PA 12-57

### SECTION A: GENERAL CONDITIONS [Chapters 62-710, 62-730 and 62-737, F.A.G.] 

### C. Hazardous Substance ReleaseNotification 1. Any owner or operator ofa facility who has knowledge ofany release ofa hazardous substance from a certified facility in a quantity equal to or exceeding the reportable quantity in any 24-hourperiod shall notifythe Department by calling the STATE WARNING POINT NUMBER, (800) 320-0519, as soon as possible, but not laterthan one working day of discovery ofthe release. 2. Releases ofmixtures and solutions are subject to these notification requirements only where a component hazardous substance ofthe mixture or solution is released in a quantity equal to or greaterthan its reportable quantity. 3. Notification ofthe release ofa reportable quantity ofsolid particles of antimony, arsenic, beryllium, cadmium, chromium, copper, lead, nickel, selenium, silver, thallium, orzinc is not required ifthe mean diameter ofthe particles released is larger than 100 micrometers (0.004 inches). [Chapter 62-150, F.A.G.] 

### D. Used Oil, Petroleum Contact WaterandSpentMercury The Licensee shall comply with all applicable provisions ofChapter 62-710, F.A.C., for any used oil including oil filters, Chapter 62-740, F.A.C., for any petroleum contact water, and Chapter 62-737, F.A.C., for any spent mercury containing lamps and devices generated within certified facility during construction and operation. [Chapters 62-710 and 62-737, F.A.C.] 

### E. ContaminatedSite Cleanup 1. The Licensee shall comply with all applicable provisions ofDEP Chapter 62-780, F.A.C., for any violations ofrelevant provisions ofChapter 376 or 403, F.S., that result in legal responsibility for site rehabilitationpursuant to those chapters. This responsibility for site rehabilitation does not affect any activity or discharge permitted or exempted pursuant to Chapter 376 or403, F.S., or rules promulgated pursuantto Chapter 376 or403, F.S. [Chapter 62-780, F.A.C.] [Rules 62-160.110, 62-160.240, 62-160.340, 62-701.510(9)(a), 62-710, 62-730.22562-737, 62- 740, and 62-780, F.A.G.] 

### XXXV. STORAGE TANK SYSTEMS Registration, construction, installation, operation, maintenance, repair, closure, and disposal ofstorage tank systems that store regulated substances shall be in accordance with Chapters 62-710, 62-761 and 62-762, F.A.C., in order to minimize the occurrence and environmental risks ofreleases and discharges. Mineral acid storage tank systems are subject only to Rule 62-762.891, F.A.C. 

### A. IncidentNotification Requirements Notification ofthe discovery ofthe loss ofa regulated substance from a storage tank system exceeding 100 gallons on impervious surfaces, otherthan secondary containment, such as driveways, airport runways, or other similar asphalt or concrete surfaces, provided that Florida DepartmentofEnviroomental Protection Conditions ofCertification
9,_'2012 25 PortEverglades Next Generation Clean Energy Center PA 12·57

### SECTION A: GENERAL CONDITIONS
the loss does not come in contact with pervious surfaces; or ofthe discovery ofany other incident listed in subsections 62-761.450(2) or 62-762.451(2), F.A.C., shall be made to the County on IncidentNotification Form 62-761.900(6) within 24 hours or before the close ofthe County's next business day. 

### B. DischargeReportingRequirements Upon discovery ofan unreported discharge ofa regulated substance, the Licensee shall report to the County on Discharge Report Form 62-761.900(1) within 24 hours or before the close ofthe County's next business day those items listed in paragraph 62- 761.450(3)(a), F.A.C., including a spill or overfill event ofa regulated substance to soil or anotherpervious surface, equal to or exceeding 25 gallons, unless the regulated substance has a more stringent reporting requirement specified in C.F.R. Title 40, Part 302. C. 

### Discharge Cleanup Ifa discharge ofa regulated substance occurs at a certified facility, actions shall be taken immediately to contain, remove, and abate the discharge under all applicable Departmentrules (for example, Chapter 62-770, F.A.C., Petroleum Contamination Site Cleanup Criteria). The Licensees is advised that other federal, state, or local requirements may apply to these activities. Ifthe contaminationpresent is subject to the provisions ofChapter 62-770, F.A.C., corrective action, including free product recovery, shall be performed in accordance with that Chapter. 

### D. Outof Service and ClosureRequirements Storage tank systems shall be taken out-of-service and/or closed as necessary in accordance with Rules 62-761.800 and 62-762.801, F.A.C., as applicable. [Chapters 62-710, 62-761 and 62-762, F.A.C.]

Florida DepartmentofEnvironmental Protection Conditions ofCertification
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### SECTION B: SPECIFIC CONDITIONS
SECTION B. SPECIFIC CONDITIONS I. DEPARTMENT OF ENVIRONMENTAL PROTECTION 

### A. Waste Cleanup 1. Licensee shall provide the DEP SoutheastDistrict Office (SED) with the proposed Port Everglades Plant Site Assessment and Remediation Plan ("Interim Source Removal Plan"), for review and approval. The Site Assessment and Remediation Plan will include elements such as a soil and debris managementplan, soil and groundwater assessment and remediation strategies and closure options based upon historical activities in specific site sub-areas, tank and pipeline closures via implementation ofthe FPL Heavy Fuel Oil Protocol, universal and hazardous waste management. 2. The Licensee shall provide an alternate Site Assessment and Remediation Report ("Site Assessment Report") Time Schedule in lieu ofthe 270 day deadline contained in 62-780, F.A.C., Table A, within six months ofcertification. 3. The Site Assessment Report shall meet the objectives and the requirements ofChapter 62-780.600, F.A.C. Licensee shall provide the DEP SED with update reports within sixty (60) days ofinitiating interim source removal activities and every 60 days thereafter for the duration ofsoil and groundwater site assessment, dewatering and remediation activities incorporated into the Port Everglades Plant Site Assessment and Remediation Plan "Interim Source Removal Plan." Licensee shall provide the DEP SED withthe Site Assessment and Remediation Report "Interim Source Removal Report" within sixty (60) days ofcompletion ofinterim source removal activities. 4. The Licensee may submit a Combined Documentmeeting the requirements ofChapter 62-780.450, F.A.C. 5. A Remedial Action Plan shall be submitted to the DEP SED within 90 days ofapproval ofa Site Assessment Report or Remedial Action Report. [Chapters 62-770 and 62-780, F.A.C.] 

### II. SOUTH FLORIDA WATERMANAGEMENT DISTRICT 

### A. LegaVAdministrative Conditions 1. General
a. Responsible Entity The Licensee shall be responsible for compliance with the Certification Conditions. Ifcontractual rights, duties, or obligations are transferred under this Certification, notice ofsuch transfer or assignment, including the identification ofthe entity responsible for compliance with the Certification, shall immediately be submitted to the Florida Department ofEnvironmental Protection and the SFWMD by the previous certification holder (Licensee) and the Assignee. Any assignment ortransfer shall carry with it the full responsibility for the limitations and conditions ofthis Certification. The previous Licensee shall be responsible for informing the Assignee ofall authorized facilities and uses and the conditions under which they were authorized. The previous Licensee shall remain liable for corrective actions that may be required as a result ofany violations prior to transfer or assignment ofany contractual rights, duties, or obligations under this Certification. Florida Department ofEnviromnental Protection Conditions ofCertification
9/_,'2012 27 PortEvergladesNext Generation Clean Energy Center PA 12-57SECTION B: SPECIFIC CONDITIONS [Sections 373.044, 373.113,373.223, and 373.342, FS.; Rules 40E-2.091, 40E-2.301, 40E-2.381, 40E-3.101(1), and40E-6.351, F.A.C.] b. Minimum Standards This Certification is based on the Licensee's submitted infonnation to the SFWMD which reasonably demonstrates that harm to the site water resources will not be causedby the authorized activities. The plans, drawings and design specifications submitted by the Licensee shall be considered the minimum standards for compliance. [Sections 373.219, 373.223, 373.229, 373.308, and 373.316, F.S.; Rules 40E-2.091, 40E-2.301, 40E-2.381, and40E-3.500-531, F.A.C.]
c. Compliance Requirements This project mustbe constructed, operated and maintained 

### in compliance with and meet all applicable non-procedural requirements set forth 

### in Chapter 373, F.S., and Chapters 40E-2 (Consumptive Use), 40E-3 (WaterWells), and 40E-20 (General Water Use Permits), F.A.C. d. Off-site Impacts It is the responsibility ofthe Licensee to ensure that harm to the waterresources does not occur during the construction, operation, and maintenance ofthe project. [Sections 373.223 and373.309, F.S.; Rules 40E-2.091, 40E-2.381, 40£- 3.301(3), and40E-3.301(4), FA.C.]
e. Liability The Licensee shall hold and save the SFWMD harmless from any and all damages, claims, orliabilities which may arise by reason ofthe construction, alteration, operation, maintenance, removal, abandonment and/oruse ofany system authorized by this Certification, to the extent allowed under Florida law. [Section 373.223, FS.; Rules 40E-2.091 and40E-2.381, F.A.C.] f. Construction, Operation, and Maintenance Responsibilities The Licensee shall be responsible for the construction, operation, and maintenance ofall facilities installed for the proposed project. [Section 373.309, FS.; Rule 40E-3.301, F.A.C.] g. Access SFWMD representatives shall be allowed reasonable escorted access to the powerplant site, the waterwithdrawal facilities and any associated facilities to inspect and observe any activities associated with the construction ofthe proposed project in orderto detennine compliance with the Conditions ofthis Certification. The Licensee shall not refuse entry or access to any SFWMD representative who, uponreasonable notice, requests entry for the purpose ofthe above noted inspection and presents appropriate credentials. [Sections 373.223 and373.319, F.S.; Rules 40E-2.091, 40E-2.301, 40E2.381, and40£-3.461, F.A.C.]
Florida DepartmentofEnvironmental Protection Conditions ofCertification
9,_,'2012 

### 28 Port EvergladesNext Generation Clean Energy Center PA 12-57SECTION B: SPECIFIC CONDITIONS

h. Enforcement The SFWMD may confer with DEP to request DEP to take any and all lawful actions that are necessary to enforce any condition ofthis Certification based on the authorizing statutes and rules ofthe SFWMD. [Sections 373.223,373.319,373.603, and403.514, F.S.; Rules 40E-2.091, 40E-2.301, 40E-2.381, and40E-3.461, F.A.C.} 2. Processing ofInformational Requests
a. Completeness and Sufficiency Review At least ninety (90) days prior to the commencement of construction ofany portion ofthe project, the Licensee shall submit to SFWMD staff, for a completeness and sufficiencyreview, any pertinent additional information required under the SFWMD's Conditions ofCertification for that portion proposed for construction. IfSFWMD staffdoes not issue a written request for additional infonuation within thirty (30) days, the information shall be presumed to be complete and sufficient. [Sections 373.219 and373.342, F.S.} b. Compliance Review and Confinuation Within sixty (60) days ofthe determination by SFWMD staffthat the additional information is complete and sufficient, the SFWMD shall determine and notify the Licensee in writing whether the proposed activities conform to SFWMD rules, as required by Chapters 40E-2, 40E-3, and 40E-20, F.A.C., and the Conditions. Ifnecessary, the SFWMD shall identify what items remain to be addressed. No construction activities shall begin until the SFWMD has determined either in writing, orby failure to notify the Licensee in writing, that the activities are in compliance with the applicable SFWMD criteria. [Sections 373.219 and373.342, F.S.}
c. Revisions to Site Specific Design Authorizations The Licensee shall submit, consistent with the provisions of SFWMD Specific ConditionA.2., anyproposed revisions to the site specific design authorizations specified in this Certification to the SFWMD for review and approval prior to implementation. The submittal shall include all the information necessary to support the proposed request, including detailed drawings, calculations and/or any other applicable data. Such requests maybe included as part ofthe appropriate additional information submittals required by this Certification provided they are clearly identified as a requested amendment or modificationto the previously authorized design. [Sections 373.085,373.219,373.223,373.313, and373.342, F.S.; Rules 40E-2.091, 40E-2.301, and40E-3.461, F.A.C.] d. Dispute Resolution Since this Certification is the only fonn ofpermit required from any agency, it is understood that the Licensee and the SFWMD shall strive to resolve disputes by mutual agreement. Florida DepartmentofEnvironmental Protection Conditions ofCertification
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### SECTION B: SPECIFIC CONDITIONS [Sections 373.044,373.085,373.113, and373.129, F.S.; Rule 40E-1.601, F.A.C.]
e. Objections Objections to modifications ofthe terms and conditions ofthis Certification shall be resolved through the process established in Section 403.516, F.S. 

### B. Water Use Conditions 1. General
a. Water Shortage Compliance In the event ofa declared water shortage, the Licensee must comply with any water withdrawal reductions ordered by the SFWMD in accordance with the Water Shortage Plan, Chapter40E-21, F.A.C. [Section 373.246, F.S.; Rule 40E-2.381, F.A.C.] b. Interference with Existing Legal Uses The Licensee shall mitigate interference with existing legal uses, in existence at the time ofissuance ofthe Certification Order, caused in whole or inpartby the Licensee's withdrawals, consistent with the approved mitigation plan. 

### As necessary to offset the interference, mitigation may include pumpage reduction, replacement ofthe impacted individual's equipment, relocation ofwells, change in withdrawal source, or other means. Interference to an existing legal use is defmed as animpact that occurs under hydrologic conditions equal to or less severe than a 1 in 10 year drought event that results in the: (1) Inability to draw water consistent with the provisions ofthe permit, such as when remedial structural or operational actions not materially authorized by existing permits must be taken to address the interference; (2) Change in the quality ofwater pursuant to primary State Drinking Water Standards to the extent that the water can no longerbe used for its authorized purpose, or such change is imminent; or (3) Inability ofan existing legal userto meet its permitted demands without exceeding the permitted allocation. [Section 373.223, F.S.; Rules 40E-2.091, 40E-2.301, and40E-2.381, F.A.C.} c. Harm to Existing Off-Site Land Uses The Licensee shall mitigate harm to existing off-site land uses caused by the Licensee's withdrawals, as determined through reference to the conditions for permit issuance. When harm occurs, or is imminent, the SFWMD will require the Licensee to modify withdrawal rates or mitigate the harm. Harm, as determined through reference to these Conditions includes: (1) Significantreduction in water levels on the property to the extentthat the designed fimction ofthe waterbody and related surface water management improvements are damaged, not including aesthetic values. The designed function ofa waterbody is identified in the original permit or other government authorization issued for the construction of Florida Department ofEnviromnental Protection Conditions ofCertification
9/_12012 30 PorIEverglades Nexl Generation Clean Energy Cenler PA 12-57SECTION B: SPECIFIC CONDITIONS
the waterbody. In cases where a pennit was notrequired, the designed function shall pe detennined based on the purpose for the original construction ofthe waterbody (e.g., fill for construction, mining, drainage canal, etc.); (2) Damage to agriculture, including damage resulting from reduction in soil moisture resulting from consumptive use; (3) Land collapse or subsidence caused by reduction in water levels associated with consumptive use. [Sections 373.223, 

### F.s.;Rules 40E-2.091, 40E-2.301, and40E-2.381, F.A.C} d. Harm to Natural Resources The Licensee shall mitigate harm to natural resources caused by the Licensee's withdrawals, as determined through reference to the Conditions for pennit issuance. When harm occurs, or is imminent, the SFWMD will require the Licensee to modify withdrawal rates ormitigate the harm. Harm, as determined through reference to these Conditions includes: (1) Reduction in ground or surface waterlevels that results in harmful lateral movement ofthe fresh water/salt water interface; (2) Reduction in water levels that harmthe hydroperiod of wetlands; (3) Significant reduction in water levels orhydroperiod in a naturally occurring waterbody such as a lake orpond; (4) Harmful movement ofcontaminants in violation ofstate water quality standards; or (5) Harmto the natural system including damage to habitat for rare or endangered species. [Sections 373.223, F.S.; Rules 40E-2.091, 40E-2.301, and40E-2.381, F.A.C} 2. Site Specific Design AuthorizationslRequirements
a. Dewatering Activities Prior to commencement ofconstruction ofthose portions ofthe project that involve dewatering activities, the Licensee shall submit a detailed plan for any such activities to the SFWMD for a detennination ofcompliance with the non-procedural requirements ofChapters 40E-2, 40E-3 and 40E-20, F.A.C., in effect at the time ofcertification. The following information, referenced to NGVD where appropriate, shall be submitted: (1) A detailed site plan which shows the location(s) for each proposed dewatering area; (2) (3)

Florida DepartmentofEnvironmental Protection Conditions ofCertification
9/_12012 The methodes) used for each dewatering operation; The maximum depth for each dewatering operation;

PortEvergladesNext Generation Clean Energy Center PA 12-57 31SECTION B: SPECIFIC CONDITIONS (4) The location and specifications for all proposed wells and/or pumps associated with each dewatering operation; (5) The duration ofeach dewatering operation; (6) The discharge method, route, and location ofreceiving waters generated by each dewatering operation, including the measures (BestManagement Practices) thatwill be taken to prevent water quality problems inthe receIving water(s); (7) An analysis ofthe impacts ofthe proposed dewatering operations on any existing on and/or off-site legal users, wetlands, or existing groundwater contaminationplumes; (8) The location ofany infiltrationtrench(es) and/orrecharge barriers; and (9) All plans mustbe signed and sealedby a Professional Engineer or aProfessional Geologistregistered inthe State ofFlorida. [Sections 373.229 and373.308, F.S.; Rules 40E-2.091, 40E-2.301, and 40E-3.500-531, F.A.C.] b. Alternative Water Supplies Ifa reliable source ofreclaimed waterbecomes available at the project site to provide water for non-cooling uses, the Licensee shall conduct a feasibility evaluation in accordance with Section 3.2.3.2 ofthe Basis ofReview ForWater Use Permit Applications in the SFWMD, in effect at the time ofcertification, to determine the environmental, technical, and economic feasibility ofutilizing reclaimed water. Ifthe feasibility evaluation demonstrates that the use ofreclaimed water is feasible, the Licensee shall provide the SFWMD with a schedule for implementation ofreclaimed water use, for the SFWMD's review and approval, within 90 days ofsuch notification.
c. Water Conservation Plan The Licensee shall comply with the Water Conservation Plan submitted as Appendix 10.10 and amended April 2012 in the Site Certification Application, including: (1) Conducting an audit ofthe amount ofwater needed inthe Licensee's operational processes. The following measures shall be implemented within one year ofaudit completion iffound to be cost effective in the audit: 1. hnplementation ofa leak detection and repair program; ii. Implementation ofa recovery/recycling orother programproviding fortechnological, procedural orprogrammatic improvements to the Licensee's facilities; and 111. Use ofprocesses to decrease water consumption. (2) Development and implementation ofan employee awareness program concerning water conservation.

Florida Department ofEnvironmental Protection Conditions ofCertification
9i_12012 32 PorIEverglades Nexl Generation Clean Energy Center PA 12-57F.A.C.] 

### III. SECTION B: SPECIFIC CONDITIONS [Sections 373.223, F.S.; Rules 40E-2.091, 40E-2.301, and40E-2.381,


### FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION 

### A. WestIndian Manatee 1. InterimWarm-Water Refuge Heating System In order to prevent an increased risk ofmanatee cold stress death during the PEEC modernization constructionperiod, adaptive management protocols for the interim warm-waterrefuge heating system shall be included in the Environmental and Biological Monitoring Plans and the following provisions:
a. Testing, monitoring, and evaluation ofthe interim heating system shall take place pursuant to the Conditions found in Sections 2 Environmental Monitoring and Section 3 Biological Monitoring. b. The trigger temperature and operational details shall be agreed upon by Florida Fish and Wildlife Conservation Commission (FWC) in consultation with U.S. Fish and Wildlife Service (USFWS) and FPL and included in the Environmental Monitoring Plan. The interim heating system shall be maintained and operated to achieve the results specified in the Environmental Monitoring Plan in accordance with best management practices (BMP) establishedby Licensee, unless otherwise authorized by FWC and USFWS, or unless the safety ofemployees orreliability ofthe electric power system would be compromised. The Licensee shall develop a BMP manual for the interim heating system that shall include details related to maintenance, operations, agency notifications, logbooks requirements and troubleshooting plans.
c. The Licensee shall submit its BMP manual to FWC forreview and comment. Except for those specific details described herein which must be reviewed and approved by FWC, Licensee will review, consider, and incorporate ifpracticable, all other comments from FWC. An approved BMP manual will be inplace prior to the operation ofthe interim heating system and prior to cessation ofoperations ofthe existing Port Everglades Plant and discontinuation ofthe current warm-water discharge and PEEC conversion commences. A copy ofthe Licensee's BMP manual for the interim heating system shall be maintained at all times at the PEEC site and shall be made available upon request to authorized representatives of FWC andDEP. d. Ifthrough the biological monitoring or daily visual assessments of manatee health, or scientific data it is indicated, that the interim heating system's operational triggerprotocol should be modified to maintain a sufficient warm-water refuge, then FWC will consult with DEP, USFWS, and FPL to assess the infOImation and develop a new strategy that can be agreed upon by the Licensee, FWC, DEP and USFWS and amended in the Environmental Monitoring Plan.
e. The interim warm-waterrefuge will consist ofa segment ofthe current warm-waterrefuge that is created by the plant's thermal discharge. The location, configuration and dimensions ofthe interim warm-waterrefuge will be illustrated in the Environmental Monitoring Plan.

Florida DepartmentofEnvironmental Protection Conditions ofCertification

9,'_/2012 33 PortEverglades Next Generation Clean Energy Center PA 12-57SECTION B: SPECIFIC CONDITIONS
f. The Licensee may request modification ofapplicable FWC Conditions upon issuance by the DEP, in consultation with the FWC, offinal NPDES permit modification No. FL0001538 ifsuch requested modifications to the Conditions herein have been adopted into the final NPDES permit. g. The Licensee anticipates taking the Port Everglades Plant offline on January 31,2013. The Licensee will notify FWC seven days in advance ofthe plant ceasing operations for the duration ofthe modernization, before, or onthis anticipated date. In addition, FWC will be notified 24 hours in advance ofany operation ofthe interim heater before January 31,2013. 

### [Section 403.507, F.S.; Section 379.1025, F.S.; Section 379.2291, 

### FS.; Section 379.2431 (2), 

### F.S.; Section 20.331, FS.j 2. Environmental Monitoring The following monitoring requirements are applicable to the operation of the interim heating system during the modernization ofthe PEEC.
a. The evaluation ofthe interim heating system which is intended to determine its ability to provide a sufficient manatee warm-waterrefuge as described in Environmental Monitoring Plan during the winter months shall take place prior to the discontinuation ofoperations at the existing Port Everglades Plant and use ofthe current warmwater discharge system. Additional evaluation ofthe system shall include empirical temperature datathatwill be collected and compared to the thermal modeling results to evaluate the performance ofthe interim heating system prior to February 15, 2013, ifit cannot be completed before January 31,2013, due to continued use ofthe PortEverglades Plant's existing power generating units. 

### (1) Prior to cessation ofoperations ofthe existing Port Everglades Plant and discontinuation ofthe current warm-water discharge, the interim heating system must be operational. After the initial monitoring tests ofthe interim warm-waterheating system have been conducted at the PortEverglades Plant, the Licensee will contactFWC to provide and discuss the results. At that time, FWC, in consultation with the DEP, USFWS, and the Licensee, will determine what, ifany, modifications need to be made to the operation ofthe interim heating systems. Ifnecessary, FWC will require a revision to the Environmental Monitoring Plan. b. Prior to cessation ofoperations ofthe existing Port Everglades Plant and discontinuation ofthe current warm-water discharge, an approved Environmental Monitoring Plan shall be inplace. The Licensee shall submit to the FWC and DEP Siting Office, and the final Environmental Monitoring Plan. The fmal Environmental Monitoring Plan shall include, at a minimum, the following components: (1) Monitoring ofthe interim heating system and warm-water refuge during the modernizationprocess (as described in Interim Heating System and Environmental Monitoring conditions. and the Licensee's thermal modeling study) shall take place during the wintermonths of 1 Decemberthrough 31 March. (2) Monitoring ofthe PEEC's interim warm-water refuge during the modernization shall consist ofambient air and watertemperatures measured at multiple locations within the interim warm-water refuge. The number and configuration of Florida Department ofEnviromnental Prorection Conditions ofCertification
9/_.'2012 34 PortEvergladesNext Generation Clean Energy Center PA 12-57SECTION B: SPECIFIC CONDITIONS
temperature monitoring stations must be sufficient to provide a**three~dimensional** view, over time, ofthe thermal refuge. Temperature monitoring stations will be deployed in the interim refuge prior to the modernization phase ofthe Port Everglades Plant. (3) As part ofthis Environmental Monitoring Plan the Licensee shall include a plan to convey the data from the temperature monitoring stations to the appropriate agencies on a daily basis when the trigger is on and the heaters are running, and on a weekly basis when the trigger protocols have notbeen met. (4) Specific locations for the temperature monitoring station(s), sampling frequencies, station depths, data collection methods, and reporting frequencies must be identified and may be subject to further revision depending on receipt ofany required permits, licenses and approvals.
c. The Licensee will prepare an Environmental Monitoring Report that includes all data (made available in electronic form) and statistical analyses completed as a result ofthe requirements set forth in the Environmental Monitoring Plan. This report will be submitted yearly by the date designated in the Environmental Monitoring Plan, while the interim warm-water system is in operation during the constructionperiod ofthe PEEC. A summary report including information collected throughout the modernizationprocess shall be completed and submitted to the FWC and DEP Siting Office forreview. All annual reports shall be submitted as directed in the Environmental Monitoring Plan. [Section 403.507, FS.; Section 379.1025, F.S.; Section 379.2291, F.S.; Section 379.2431 (2), F.S.; Section 20.331, F.S.] 3. Biological Monitoring The following monitoring requirements for manatee distribution and abundance are applicable to the operation ofthe interim heating system during the modernization ofthePEEC.
a. Prior to cessation ofoperations ofthe existing Port Everglades Plant and discontinuation ofthe current warm-water discharge the Licensee shall submit to FWC a Biological Monitoring Plan. The Biological Monitoring Plan shall be reviewed and approved by FWC and the Licensee shall submit the final Biological Monitoring Plan to FWC and the DEP Siting Office. The Biological Monitoring Plan shall include at a minimum the following components: (l) Monitor the winter months of 1 Decemberthrough 31 March distribution and abundance ofmanatees during the time frame that includes the operation ofthe interim warm-water heating system. (2) Biological monitoring shall be conducted through aerial surveys during the winter months of 1 Decemberthrough 31 Marchbeginning the first winter of the plant's modernization and continuing through the completion ofthe PEEC modernization process and 2 years post-commercial operation ofPEEC. After the first year ofpost modernization aerial survey monitoring, FWC will discuss the results with the Licensee and the parties will determine ifthe second year's monitoring can be eliminated. FPL will consult with FWC to determine the status ofother aerial survey data collection efforts to determine ifFPL will need to conduct any ofthe surveys (i.e., either during orpost-modernization).

Florida DepartmentofEnvironmental Protection Conditions ofCertification
9/_/2012 

### 35 PortEvergladesNext Generation Clean Energy Center PA 12-57SECTION B: SPECIFIC CONDITIONS (3) Specific aerial survey paths, sampling frequencies, and methodologies for aerial surveys must be identified and described in the Biological Monitoring Plan. Aerial survey flight paths will be consistent with those established by the Broward County Environmental Resource Management Office and shall encompass the winter months as**establish~d** in the Biological Monitoring Plan. (4) Aerial survey data shall be analyzed and summarized after each winter season to provide an evaluation ofmanatee abundance and distributional changes within the survey area. (5) The Licensee shall provide one or more manatee observers who have beentrained by an approved FWC trainer so they can detect indications ofcold stress in manatees. The monitoring protocols and information requirements will be described in the Biological Monitoring Plan. (6) The manatee observer will be required to conduct a daily visual assessment ofthe condition and general distribution ofmanatees using the interim warmwaterrefuge during the winter months ofI Decemberthrough 31 March. The visual assessments shall be conducted for a sufficient length oftime to assess most ofthe manatees present at the plant and accessible to the observer on that day. (7) Telemetry monitoring shall be accomplished by the Licensee through the use ofan entity with experience in manatee telemetry tracking, and data analysis in Florida. This condition will coincide with the use ofthe interim heating system and 2 years post-commercial operation ofPEEC. After the first year ofpost modernization telemetry monitoring, FWC will discuss the results with the Licensee and the parties will determine ifthe second year's monitoring can be eliminated. The tags will be attached to manatees captured at, ornear the PEEC site to document theirmovements to alternative secondary warm-water sites, their general health, habitat use, behavioral response to changes in the operation ofthe interim refuge and thermal regime experienced by manatees during the modernization ofPEEC. The details ofthe telemetry effort and required reports will be provided in the Biological Monitoring Plan. (8) The Licensee will prepare a Biological Monitoring Report that includes all data (made available in electronic form) and statistical analyses completed as a result ofthe requirements set forth in the Biological Monitoring Plan. lIDs report will be submitted yearlyby the date designated in the Biological Monitoring Plan. A summary report including information collected throughout the modernization process shall be completed and submitted to the FWC and DEP Siting Office for review. All annual reports shall be submitted as directed in the Biological Monitoring Plan. [Section 403.507, F.S.; Section 379.1025, F.S.; Section 379.2291, F.S.; Section 379.2431 (2), F.S.; Section 20.331, F.S.] 4. Standard Environmental and Biological Monitoring Plan Conditions
a. The Biological and Environmental Monitoring Plans, including the proposed monitoring techniques and monitoring locations that will be used to assess manatee health, distribution and habitat during the modernizationprocess, shall be approved by FWC prior to implementation andprior to cessation ofoperations ofthe existing Port Everglades Plant and discontinuation ofthe current warm-water discharge. Final Biological and Environmental Florida Department ofEnvironmental Protection Conditions ofCertification
9'_,'2012 36 PortEvergladesNext Generation Clean Energy Center PA 12-57SECTION B: SPECIFIC CONDITIONS monitoring plans shall be inplace at least 90 days prior to cessation ofoperations ofthe existing Port Everglades Plant and discontinuation ofthe current warm-water discharge and PEEC modernization commences. b. If, in the review ofthe annual biological or environmental monitoring reports, FWC, in consultation with the DEP and USFWS, determines the need to modify the Biological or Environmental Monitoring Plans, FWC will notify the Licensee to discuss the findings. At that time, FWC, in consultation with the DEP, USFWS and the Licensee, will determine what, ifany, modifications need to be made to the Biological or Environmental Monitoring Plans.
c. Ifthe Licensee determines the Biological orEnvironmental Monitoring Plans are in need ofmodifications during the operation ofthe interim heating system, the Licensee will contact the agencies to discuss the proposed modifications. At that time, FWC, in consultation with the DEP, USFWS and the Licensee, will determine what ifany modifications need to be made. d. The Licensee will provide personnel from the FWC, USFWS, USGS Sirenia Project, or a designee ofthese agencies, access to the PEEC property to conduct manatee monitoring activities. Reasonable notice shall be given to the Licensee by the agencies. Access would be limited to normal weekday business hours (8:00 a.m. - 5:00 p.m.) unless arrangements are made in advance with the Licensee.
e. All visitors to PEEC will be required to comply with FPL's safety and securityrequirements. Personnel will receive an orientation from FPL or its contractorprior to commencing observations or other activities. [Section 403.507, F.S.; Section 379.1025, F.S.; Section 379.2291, F.s.; Section 379.2431 (2), F.S.; Section 20.331, F.S.] 5. Contingency Plan FWC and USFWS' Letter ofAuthorization (LOA) network responders will be responsible for all efforts related to manatee rescues, rehabilitation activities, and carcass recovery during the PEEC modernization. In order to effectively implement contingencyplans during the plant modernization and to address manatee health-related issues, the following conditions are required:
a. Ifthe observer (pursuant to Biological Monitoring Plan) identifies manatees with apparent signs ofcold stress disease, digital photographs should be taken ofthe animal(s) and the FWC shall be called as soon as possible on the day ofthe observations through the protocols described in the Biological Monitoring Plan b. The Licensee will notify FWC and USFWS immediately ifthere is a mechanical failure ofthe interim heating system, or if, for any other reason the interim heating system is not operating in a manner that will provide warm-water sufficient to keep the warmwaterrefuge at a temperature of68° F or greater. c. The Licensee shall provide in-kind senices and financial assistance, not to exceed $100,000 intotal value, to FWC for manatee rescue orrecovery in the event that there is a failure ofthe interim heating system resulting from Licensee's failure to complywith Final Order

### # PA12-57 that causes death oridentifiable cold stress to manatees in
Florida DepaI1mentofEnvironmental Protection Conditions ofCertification
9.'_12012 37 Port Everglades Next Generation Ckan Energy Center PA 12-57

### SECTION B: SPECIFIC CONDITIONS
Broward County. This condition would apply during the wintermonths of 1 Decemberthrough 31 March. The in-kind assistance and funds would only be used to address manatee-related cold stress issues in the area that the interim system affects. [Sections 403.507F.S., Section 379.1025 F.S., Section 379.2291 F.S., Section 3792431 (2) F.S., Section 20.331 F.S.} 6. Development ofa Long-Term Manatee Strategy It is expected that at some point in the future the warm-water habitat created by the PEEC will diminish orbe terminated; in that event the FWC and USFWS believes it is in the best interest ofthe Licensee, FWC, USFWS, DEP, and the Florida manatee population to begin strategic long term planning to reduce the adverse effects to the Florida manatee populationbefore this occurs. a. Within two years ofthe formal approval by FWC and USFWS ofa Warm-WaterAction Plan (Plan), inclusive ofa future-oriented Management Policy for WarmWater Manatee Habitat, the Licensee shall host and chair a workshop designed to: (a) articulate a strategy for achieving the goals ofthat Plan, (b) develop a timetable for implementing the strategy, (c) review progress to date in achieving the strategy, and (d) identify impediments and solutions. b. Within one year ofthe workshop held pursuant to Final Order

### # PA 12-57, the Licensee shall provide the FWC with a formal report ofthe workshop, including findings, conclusions, and recommendations.
c. Over the course ofthe operating life span ofthe PEEC, the Licensee shall develop an exit strategy for the PEEC that prevents significant losses to the manatee population when the Licensee determines to reduce or eliminate the PEEC's thermal discharge to the extent that a dependable warm-waterrefuge is no longerpresent. The Licensee's strategy shall considerFWC and USFWS's statewide Warm-WaterAction Plan approved by FWC and USFWS. d. The Licensee shall work closely with the FWC and USFWS to evaluate progress toward achieving the vision and goals ofthe Warm-Water Action Plan and to develop adaptive changes to the Plan as needed to promote manatee recovery through participation inperiodic workshops and/or conferences designed to accomplish such evaluation and adaptive changes.
e. The FWC must be notified, in writing, within 30 days ofany sale, conveyance, or other transfer ofthe facility. [Section 403.507, F.S.; Section 379.1025, F.S.; Section 379.2291, F.S.; Section 379.2431 (2), F.S.; Section 20.331, F.S.} 7. Manatee Conditions for In-WaterWork
a. The current Standard Manatee Conditions for In-Water Work are required for all in-water work in waters accessible to manatees. 

### Ifthe Licensee is unsure ifa certain activity qualifies as in-water work, it will contact the FWC to discuss and determine applicability ofthese Conditions for the proposed activity. The FWC will consider approval of reoccurring activities that result in negligible impacts to manatees ormanatee habitat. Blasting orpile hammering activities to breakrock shall be prohibited in waters accessible to manatees. Florida DepartmentofEnvironmental Protection Conditions ofCertification
9:_12012 38 Port EvergladesNext Generation Clean Energy Center PA 12-57

### SECTION B: SPECIFIC CONDITIONS
Ifno other alternative exists, a modification ofthese conservationmeasures can be requested. An adequate Blast and Protected Species Watch Plan mustbe submitted to and approved by the Imperiled Species Management Section ofthe FWC priorto these methodologies being used. b. To reduce the possibility ofinjuring or killing a manatee during construction, in-water work shall notbe performed betweenNovember 15 and March 31 unless essential to support the PEEC project's schedule or the safety ofemployees or reliability ofthe electric power system would be compromised. Ifin-water work during the winter cannotbe avoided the Licensee will contact the agencies to determine alternative conditions that will be implemented to address the proposed activity.
c. At least one person shall be designated as a manatee observer when in-water work is being performed. Thatperson shall have experience in manatee observationbe equipped with polarized sunglasses to aid in observation. The manatee observer must be on site during all in-water construction activities and will advise personnel to cease operation upon sighting a manatee within 50 feet ofany in-water construction activity. Movement ofa workbarge, other associated vessels, or any in-water work shall not be performed after sunset, when the possibility ofspotting manatees is negligible. d. The Licensee will include as part ofits safety orientation manatee awareness training for full-time permanent construction personnel at the PEEC site. This training will be designed to educate the construction work force about the legal requirements to avoidmanatees and to provide them with contact information ifthey should spot an injured manatee. e. To reduce the risk ofentrapment and drowning ofmanatees, grating or an approved alternative) shall be installed over any proposed pipes or culverts greater than 8 inches, but smallerthan 8 feet in diameterthat are submerged orpartially submerged and reasonably accessible to manatees. Bars or grates no more than 8 inches apart shall be placed on the accessible end(s) during all phases ofthe constructionprocess and as a final design element to restrict manatee access. [Section 403.507, FS.; Section 379.1025, F.S.; Section 379.2291, FS.; Section 379.2431 (2), FS.; Section 20.331, FS.] 8. Force Majeure Ifthere is an act ofGod, terrorism, orwar that prevents Licensee from providing the requisite warm water conditions, Licensee will notify FWC expeditiously and coordinate efforts to resume compliance with the Conditions. [Sections 403.507, FS.; ArticleIV, Sec. 

### 9, Fla. Const.; Section 20.331, FS.] 9. Access to Manatee ProtectionZones For all activities necessary to perform essential operations, including inwatermaintenance and inspection ofequipment, emergency operations, and environmental monitoring within a No Entry orMotorboats Prohibited Manatee Protection Zone as defined by 68C-22, F.A.C., the following requirements are applicable. These requirements supplantthe need for Licensee to obtain apermit to access these zones pursuantto 68C-22.003, F.A.C. a. Vessels used to access the zone should be ofthe smallest size and horsepower needed to accomplish the required tasks, and all vessels should be clearly marked as Florida Deparunent ofEnvironmental Protection Conditions ofCertification
9/_12012 

### 39 PortEverglades Next Generation Clean Energy Center PA 12-57

### SECTION B: SPECIFIC CONDITIONS belonging to the Licensee or authorized contractorperforming the work on behalfofthe Licensee. Wheneverpracticable, vessels should be equipped with a propeller guard. Vessel operation within the zone must be at no greater than Idle Speed. b. At least one person on each vessel must be designated as a manatee observer. Said observer must have experience in manatee observation and be equipped with polarized sunglasses to aid in observation. The observer must be on the vessel at all times, maintain a vigilant watch, and advise all personnel as to the presence and location ofnearby manatees. c. Except 

### in emergency situations, no in-water activity may be performed within 50 feet ofa manatee. Manatees may notbe approached, pursued, fed, watered, touched, or otherwise interacted with 

### in any manner that causes disruption oftheir normal behavior. Ifone or more manatees are observed within 50 feet, all in-water activities must be stopped and may onlybe resumed after all manatees have moved away oftheir own volition. d. Except 

### in emergency situations, no in-water work may be performed before sunrise or after sunset (when the ability 

### to see manatees is minimal).
e. All personnel entering the zone must be informed ofthe possible presence ofmanatees, the characteristics used to identify the presence ofmanatees, and the conditions and requirements set forth herein. All personnel must be advised that there are civil and criminal penalties for harming, harassing, orkilling manatees, which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act. f. Any collision with and/or injury to a manatee must be reported immediately to the FWC Division ofLaw Enforcement (888-404-3922) and the FWC Imperiled Species Management Section (850-922-4330; fax: 850-922-4338). g. The Licensee maintain records onsite detailing the nature and scope ofall activities conducted within the restricted area during the previous year, including dates ofactivity and the number ofvessels involved as well as the type and configuration ofthe vessels, by date. These records will be made available to FWC upon request. [Section 403.507, F.S.; Rule 68C-22.003, F.A.C.; Section 20.331, FS.j 

### B. Terrestrial Wildlife 1. All undeveloped habitat onsite shall be surveyed for the presence ofstateand federally listed species no more than six months before land clearing and the results shall be reported to the FWC. We recommend that the report includes methodology, results, discussion, and references to all surveyprotocols and documents used. Ifthere is evidence that any statelisted species are present, then the Licensee mustreport the fmdings to the FWC at least 60 days priorto the commencement ofclearing. Ifimpacts to those species cannot be avoided, then the Licensee must contact the FWC before taking any action that might result 

### in an impactto those species. [Section 403.507, F.S.; Article IV, Sec. 

### 9, Fla. Const.; Chapter 68A-27, F.A.C.; Section 20.331, F.S.j

Florida Dcparlment ofEnvironmental Protection Conditions ofCertification
9/_.'2012 40 PortEverglades Nat Generation Clean Energy Center PA 12-57

### SECTION B: SPECIFIC CONDITIONS


### C. Marine Turtles 1. FPL shall consult with the FWC hnperiled Species Management Section on the development ofa Light Management Plan to reduce the adverse effects ofPEEC's exterior lighting on nesting marine turtles and their hatchlings. The plan should evaluate the use oflighting management methods that include shielding, lowering mounting heights, and use of long wavelength fixtures. [Section 403.507, F.S.; Section 379.2431(1), F.S., Section 379.2431(1) (g), F.S.; Section 20.331, F.S.} 

### IV. DEPARTMENT OF STATE

- DIVISION OF mSTORICAL RESOURCES A. Ifhistorical or archaeological artifacts or features are discovered at any time within the certified facility, the Licensee shall notify the appropriate DEP District office (s) and the Division ofHistorical Resources, R.A. Gray Building, 500 S. Bronough Street, Rm 423, Tallahassee, Florida 32399-0250, telephone number (850) 487-6333, and the Licensee shall consult with the Division ofHistorical Resources to determine appropriate action. [Sections 267.061,403.531, and 872.02, F.S.} 

### V. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Only herbicides registered by the U.S. Environmental Protection Agency and the Florida Department ofAgriculture and Consumer Services shall be used at certified facilities. Herbicide applications will be in accordance with label directions and will be carried out by a licensed applicator, in compliance with all federal, state and local regulations. Herbicide applications shall be selectively applied to targeted vegetation. Broadcast application of herbicide shall not be used unless effects on non-targeted vegetation are minimized. [Chapter 487, F.S.} 

### VI. BROWARD COUNTY 

### A. LegaVAdministrative Conditions 1. General
a. Responsible Entity The Licensee shall be responsible for compliance with the Certification Conditions, the applicable nonprocedural requirements ofChapter 27 ofthe Broward County Code ofOrdinances (BCe), the applicable provisions ofChapters 32 and 42 of the Broward County Administrative Code (BCAC), and any agreements entered into between the Licensee and Broward County pursuant to this Certification. b. Minimum Standards This Certification is based on the Licensee's SCA and infonnation submitted to the County which reasonably demonstrates that harm to natural resources will not be caused by the authorized activities. The plans, drawings and design specifications submitted by the Licensee shall be considered the minimum standards for compliance. [Sections 27-56 and 27-58, BCC}
c. Compliance Requirements
Florida Department ofEnvironmental Protection Conditions ofCertification
9/_,'2012 41 PortEvergladesNext Generation Clean Energy Center PA 12·57

### SECTION B: SPECIFIC CONDITIONS
The PEEC project must be constructed, operated and maintained in compliance with and meet all applicable non-procedural requirements set forth in Chapter 27, BCC, and Chapters 32 and 42, BCAC. d.

. Off-site Impacts It is the responsibility ofthe Licensee to ensure that pollution or harm to natural resources does not occur during the construction, operation, and maintenance of the project, other than as authorized herein. [Sections 27-53, 27-55, BCC, andSection 32.7, BCAC]
e. Liability The Licensee shall hold and save the County harmless from any and all damages, claims, or liabilities which may arise by reason ofthe use ofthe facilities or property ofBroward County's Port Everglades Department, to the extentrequired by applicable regulations ofBroward County. [PortEverglades Tariff No. 12, and Chapter 42, Exhibit42.A, Item 405, BCAC] f. Access County representatives shall be allowed reasonable access to the powerplant site, the water withdrawal facilities, and any associated facilities to enter, inspect, and observe any activities associated with the construction, operation, maintenance, or modification ofthe PEEC project in order to determine compliance with the conditions ofthis Certification. The Licensee shall not refuse entry or access to any County representative who, upon reasonable notice, requests entry for the purpose ofthe above noted inspection andpresents appropriate credentials. [Section 27-8, BCC] g. Enforcement The County may confer with DEP to request DEP to take any and all lawful actions that are necessary to enforce any condition ofthis Certificationbased on the authorizing statutes and rules ofDEP and the County, as incorporated into this Certification. [Sections 403.514, F.S., Chapter 27, BCC, and Chapters 32 and42, BCAC] 

### B. PortEvergladesDepartment Conditions 1. Any de-commissioning and removal ofexisting FPL-ownedNo.6 heavy fuel oil pipelines and associated facilities from Broward County Land shall be done in accordance with the terms and conditions ofthe License Agreement between Broward County and FPL for BulkPetroleum Product Pipelines effective June 24, 2008, attached herein as Attachment D. 2. FPL shall obtain a Petroleum Pipeline License Agreement with Broward County for the installation, operation, and maintenance ofthe ULSD pipeline and submit an executed copy to the DEP Siting Coordination Office prior to initiating construction ofthe

Florida Department ofEnvironmental Protection Conditions ofCertification
9_12012 42 PortEvergladesNext Generation Clean Energy Center PA 12-57

### SECTION B: SPECIFIC CONDITIONS pipeline on County land. The License Agreement for the ULSD pipeline shall be incorporated herein as Attachment E. 3. FPL shall obtain a License Agreement with Broward County for the installation, operation, and maintenance ofthe Aquatic Organism Return System (AORS) and submit an executed copy to the DEP Siting Coordination Officeprior to initiating construction of the AORS on County land. The License Agreement for the AORS shall be incorporated herein as Attachment F.4. FPL shall perform an inspection ofand develop a maintenance plan (consistent with the September 30, 1957 Intake and Discharge Easement, included in the SCA) for the intake and discharge canals and ducts offFPL's property. FPL shall submitthe results of the inspection and a proposed maintenance planto the Port Everglades Department for review prior to operation ofthe PEEC. [Applicant agreement] 

### C. EnvironmentalProtection 

### & Growth ManagementDepartment Conditions I. Alternative Water Supplies FPL shall coordinate with local agencies and governments to seek to eliminate the use ofpotable water for non-potable uses such as irrigation and process demands at the PEEC. The final site design will not preclude the potential use ofreclaimed water for these purposes. [Applicant agreement] 2. Discharges to surface water from the PEEC shall comply with the applicable Broward CountyWater Quality Standards.
a. Compliance withthe applicable Broward CountyWater Quality Standards shall be demonstrated through submittal ofthe once-through non-contact cooling water outfall D-OOI Discharge Monitoring Report form required under FDEP-issued NPDES Permit No. FLOOOI538. (I) Licensee shall submitthe monthly outfall D-OOI Discharge Monitoring Report to the Broward County Planning and Environmental Regulation Division on a semi-annual basis. (2) Water quality monitoring will be performed in accordance with the applicable FDEP sampling protocols. (3) A National Environmental Laboratory Accreditation Program certified laboratory shall analyze the water quality samples reported on the Discharge Monitoring Report. [Sections 27-193 through 27-197, BCCl 3. Any dewatering performed within areas relative to the SCA and PEEC project requires a post-certification submittal by the Licensee to the County ofa certified dewatering plan, as these areas are either contaminated or are located within one-quarter mile of contamination, in accordance with the Pollution Prevention and Remediation Division's Dewatering Standard Operating Procedure. DEP may coordinate review ofany dewatering plans

Florida Deparunent ofEnviromnental Protection Conditions ofCertification
9/_,2012 43 PortEvergladesNext Generation Clean Energy Center PA 12-57

### SECTION B: SPECIFIC CONDITIONS
submitted by the Licensee to multiple agencies to ensure compliance with the Conditions and Certification and applicable non-procedural requirements ofthose affected agencies. [Subsections 27-353(i) and27-355(e), BeC] 

### VII. CITY OF ROLLYWOOD A. The approved use shall be vested for development upon the receipt ofa Final Order granting Certification pursuant to the Florida Electric PowerPlant Siting Act (PPSA). FPL shall record a copy ofthe Certification in the public records ofBroward County priorto commencement ofdevelopment. Immediately following recordation a copy shall be provided to the City ofHollywood. B. The applicable building permit and impact fees for the construction project shall be paid by FPL within thirty (30) days ofcommencing construction ofthose project features. FPL shall comply with the applicable provisions ofthe Florida Building Code. C. FPL shall submit construction coordinationplans to the City to address issues such as emergency services and traffic coordination and inspections (30) days priorto commencement ofthe demolition and construction phases ofProject development. D. FPL shall complete required landscaping within ninety (90) days ofthe commercial operation date ofthe Port EYerglades Energy Center. E. All future advertising which identifies the location ofthe Project must state that the development is in the City ofHollywood. [Applicant agreement}

Florida Department ofEnvironmental Protection Conditions ofCertification
9.:_12012 

### 44 PortEvergladesNext Generation Clean Energy Center PA 12-57

### Attachment A Maps (to be attached)

### Attachment B Stormwater Management System Plans (to be attached)

### Attachment C Mitigation Plans (to be attached, as applicable)

### Attachment D License Agreement for BulkPetroleum Product Pipelines: '. 

### . . .; . ..**~.** . .,

....... , : 

## ..

LICENSE AGREEMENT 

### Between BROWARD COUNTY 

### and FLORIDA POWER & 

### LIGHT COMPANY 

### for Bulk Petroleum Product Pipelines at PORT EVERGLAQES IN BROWARD qOUNTY, FLORIDA

..; .

. : .' .;.: ::
.. ". '.

'-'. :ARTICLE 1 

### 2 3 4 5 6 

### 7 8 9 

### 10 11 12 13 

### 14 15 16 17 18 

### 19 

### 20 INDEX



## .PAGE RECITALS 2 DEFINITIONS AND IDENTIFiCATIONS 2 GRANT/RELOCATION BY LICENSEE : 3 TITLE/RESERVATION OF Tln.:E............................................................ 4 RECITAlS : 4 BULK PETROLEUM PRODUCT PIPELINE INSTALLATIONSI RESERVATION OF RIGHT TO USE SURFACE 4 LICENSEE'S CONFORMANCE TO RULES AND REGULATIONS OF COUNTy 6 NOTICE 7 NON-EXCLUSiVE 8 TIME OF ESSENCE
- PARTIES RIGHTS CUMULATIVE 9 TERMS BINDING ON SUCCESSORS AND ASSiGNS 9 INDEMNIFiCATION 9 LICENSEE'S RIGHT TO ENTER; REQUIRED CONSTRUCTION PERMITS 10 WHARFAGE AND OTHER PORT CHARGES; SHORE TANK MEASUREMENTS; COMPLIANCE WITH TARIFF 10 COVENANTS OF PARTIES 11 INSURANCE REQUiREMENTS : 12 COMPLIANCE WITH LAWS : : 13 LICENSES, PERMITS, TAXES 13 ASSIGNMENT 13 DEFAULT
- REMEDIES.................................................... 14

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ARTICLE PAGE
21 TERMINATION/NON"USE " 14 22 FORCE MAJEURE : 

## 15 23 MISCELLANEOUS 

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### LICENSE AGREEMENT Between BROWARD COUNTY and FLORIDA POWER 

### &LIGHT COMPANY for Bulk Petroleum Product Pipelines at PORT EVERGLADES IN BROWARD COUNTY, FLORIDA
This is a License Agreement between: BROWARD COUNTY, a political subdivision ofthe state of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of COunty COmmissioners, 

### AND FLORIDA POWER & 

### LIGHT COMPANY, a Florida corporation, authorized 

### to transact business in the state of Florida, its successors and assigns, hereinafterreferredto as "LICENSEE." WHEREAS, the COUNTY owns and operates Port Everglades (the aport"), a deep-water port, located in Broward County, Florida, having facilities for the receipt and handling ofproduct(s), including landssuitable for the installation, use and maintenance of Pipellne(s). '

, WHEREAS, the COUNTY has in'curred and hereafter will continue to incur**~ubstantiar** 

### costs for construction, maintenance, replacement and repair of facilities ,essential to accommodate Product(s) receipt, handling and storage atthe Port. Included in**th~** 

### facilities**fu~nished** 

### byCOUNTY and contributing 

### to the substantial costs

### to be 

### borne by It**ar~:** 

### deep water petroleum**~erths:** 

### 'tlie turning basin and entrance channel; bulkheads; ',wharves; r:oads; lighting, etc: Additionally, COUNTY, in providing land for the purposes

expressed herein, has committed itselfto the long term availability offacilities and larid

# to accommodate petroleum terminal**u~ers** 

### at the Port. . :



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### Based upon the foregoing, COUNTY has determined that the covenants of this LicenseAgreementare essential in orderto

### justifythe expenditures associated with its 

### role in**opera~ng** 

### the Port.

. WHEREAS, the LICENSEE operates a business at the Port, Involving the storage and transportation of Product(s) arriving at the Port primarily by water-borne commerce. lICE;NSEE is in need ofand has requested COUNTYto provide access to land owned by COUNTYforthe Installation, maintenance, operation. repair, removal, and replacementof Pipeline(s) to transport such Product(s) at the Port. The parties acknowledge that LICENSEE currently has Pipeline(s) and necessaryappurtenancesforthe transportation of Product(s} at the Port; including associated cathodic protectiQn .equipment on adjacent COUNTY rands. as defined herein. Collectively referred to hereinafteras "Plpeline(s)." WHEREAS, this License Agreement ("Agreement") establishes the terms and conditions relating to the LICENSEE installing and maintaining Pipellne(s) and necessary appurtenances for the transportation of Product(s) within the Port; NOW, THEREFORE, IN C{)NSIDERATION ofthe premises, the mutual agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the COUNTY and LICENSEE, intending to be legally bound hereby agree as follows: ARTICLE 1 RECITALS 1.1 The foregoing recitals are true and correct and are hereby incorporated herein by reference. 1.2 For purposes of this License Agreement, the Sroward County Administrator, or designee. shall serve as Contract Administrator. ARTICLE 2 DEFINITIONS AND IDENTIFICATIONS Agreement This License Agreement, the Whereas clauses, Recitals and Articles 1 through 23, inclusive. Otherterms and conditions are included in the attached exhibits and documents that ·are expressly incorporated by reference.**Contrac~** 

### Admlnlstl:'ator The Sreward CountyAdministratorordesigneewhose primary**responsibili~es** 

### ·areto coordinate and communicatewith the LICENSEE and to manage and superyise execution and completion ofthe privileges and obligations ofthe 1ICENSEE and the terms arid conditions of this License Agreement as set forth herein. In the administration ofthis Ucense Agreement. as contrasted with matters of policy, all parties may rely on**th~** 

### Instructions ordeterminations made by the Contract Administrator.
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COUNTY
- 

### Broward County, a political subdivision of the State of Florida, through its governing body, the Broward County Board of County Commissioners. County Administrator
- 

### The administrative head ofthe COUNTY pursuant to Sections 3.02 and 3.03 ofthe Broward County Charter. CountyAttorney
- The chief legal counsel for the COUNTYwho directs and supervises the Offi.ce ofthe CountyAttorney pursuantto Section**~.1** 

### 0 ofthe Broward County Charter. Indemnified Matters
- Any and all suits, claims, causes of action of any nature whatsoeverresulting from injuries ordamages sustained by any person or**prop~rty,losses.** 

### liabilities, obligations, penalties and expenditures ofany kind including, attorneyfees, court costs, and expenses.
. LicenseAgreement
- This document, the Whereas clauses, recitals and Articles 1 through 23, inclusive. Other terms and conditions are included in the attached exhibits and documents that are expressly incorporated by reference. LICENSEE
- 

### FLORIDA POWER 

### &LIGHT COMPANY. Plpellne(s)
-**On~slte** 

### Integral pipIng owned by LICENSEE conveying Product(s), including all valves, elboWS, joints, flanges, pumps, flexible connectors, manifolds, valve pits, and associated cathodic protection equipment located within or adjacent to the Premises described in Exhibit 

### "A." Port 

### Director
- The duly appointed Directorofthe Port Everglades DepartmentofBroward County. Premises
- The land described in Exhibit 

### "A" Product(s)
- 

### Petroleum prodUCts, alternate fuels, and fuel blending components. ARTICLE 3 GRANTI RELOCATION BY LICENSEE COUNTY hereby grants

### to LICENSEE the privilege and non-excluslve rightto install, maintain, operate, repair, replace and remove one ormore Pipeline(s) forthe**t~nsportation** 

### of Product(s) under the lands owned by COUNTY within the Port and more.particularly described on Exhibit IIAII attached hereto and made a part hereof, subjectto the terms and conditions herein. COUNTY agrees that itwill not unreasonably interfere 

### With the rights and uses granted to LICENSEE hereunder. COUNTY stlall not be liable**~r** 

### any costs associated with or resulting from LICENSEE's failure to' co·mply with the terms of this Agreement or for any Indemnified Matters as more fully. described in Article 12. INDEMNIFICATION of 

### this Agreement. Should. it 

### become necessary to relocate the Pipeline{s) for reasons determined by federal, state, or local agencies having jurisdiction 

### 3



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over the Pipeline(s) or at the request of LICENSEE, all expenses of deactivation, and/or relocation of"the Pipeline(s), including costsfor associated environmental remediation, shall be borne**~y** 

### LICENSEE. LICENSEE mayexerciseany administrative, jUdicial, orappellate rights available to itto challenge the determination by afederal, state, or local agencythat the Pipeline(s) be relocated; provided, however, that LICENSEE covenants and agrees to Indemnify and save harmless the COUNTY, its commissioners, officers, agents, and erllployees, theirsuccessors and assigns, individuallyand collectively, from and againstall Iiabflity rqr any expenses, fines, damages, claims, suits, demands, or causes of action of any kind or natu're in anyway aris.ing outofor resulting from LICENSEE's exercise ofsuch rights. ARTICLE 4 TITLE/RESERVATION OF TITLE This Agreement shall vest in LICENSEE no right, title nor Interest in and to the Premises, described In Exhibit "A," otherthan the privilege ofusing same for

### the expressed

. purposes and on the tenns and conditions herein setforth. It is expressly understoOd that

the 

## tee ownership to said Premises shall remain in COUNTYfor such use and occupation as COUNTY, its successors orassigns maydesireto make ofthe Premises, subjectonlyto the license rights hereby given to LICENSEE to install, maintain, operate, repair, replace and remove its Pipeline(s). ARTICLE 5 TERM This Agreement shall be effective on the date it is fully executed by all parties and shall continue for a period often (10) years unless soonerterminated as provided herein. ARTICLE 6 BULK PETROLEUM PRODUCT PIPELINE INSTALLATIONSJ RESERVATION OF RIGHT TO USE SURFACE. 6.1**Th~** 

### existing Plpeline(s) shall be maintained in agood state of repair and at theiroriginal design depths. Any newor replacement Pipeline(s) shall be laid underground so that there will be not less than thirty-six (36) covered inches between the top of the 

### Pipeline(s) and the surface ofthe land and thereafter maintained in a good state of repair. Such installation shall be in accordance with all laws, ordinances and regulations now or

.hereafter imposed by all governmental bodies, agencies or regulatory entities having jurisdiction oversuch activities, including the reasonable requirements ofCOUNTYand the operator ofthe railroad facilities at the Port. 6.2 COUNTY shall insure that, once installed, the depths ofthe Pipeline{s) sliall not be 

### disturbed by**oth~rs** 

### in the Port by surface removal or otherwise. Should any 

### 4

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### railroad trackage, or other improvement be damaged or removed during the insts.llation, maintenance, repair, replacementor removal ofthe Pipeline(s) herein provided for; or should any such pavement, railroad trackage, or other improvement subside or otherwise deteriorate after such installation or repair for reasons caused by work or installatlon by LICENSEE or its operation, maintenance, or removal of the Pipeline(s), LICENSEE shall at its own expense replace, restore, or repair same to the condition at least equal to that existing immediately priorto such damage or removal.

. 6.3 This license is subjectto the understanding ofthe parties thatthe Plpeline(s) will be Installed and maintained below ground. COUNTY expressly reserves the right to continue to use orto alloYi third partiesto use the surface ofthe Premises accommodating the IJcense hereby granted, including the right to store cargo thereon: prOVided, that such C()ntlnued use will not unreasonably interfere with the rights and uses granted LICENSEE hereunder. COUNTY agrees that It will not build, or allow to be built, any permanent structures on the Premises during the term hereof. 6.4 If itshould become necessaryfor LICENSEE to 

### temporarily use the surface area ofthe Premisesfor repairor replacementofthe Pipeline(s), LICENSEE and COUNTY shall worktogetherto minimize the cost of removal and replacement ofany cargo or other materials**sto~d** 

### thereon. The costofsuch removal and replacement ofsaid cargo orother materials shall 

### be borne by LICENSEE. 6.5 LICENSEE shall repair any damage or injury to the Premises caused by its exercise ofthe privileges granted in thisAgreement, inclUding all buildings and structures, promptly restoring the sameto the condition at leastequal to that existing immediately prior to such damage or injury, at no cost whatsoever to COUNTY. The obligation of the LICENSEE in this respect shall notonly**surviv~** 

### the original installation ofthe Pipeline(s) or damage or injury, but shall be applicable to further replacements required because ofthe settlementofearth orothercover materials orotherwise unless such damage is caused by others.6.6 Except as otherwise prOVided herein, all brush, trimmings and othergrowth cut by LICENSEE and all earth and other material removed by LICENSEE shall 

### be removed and disposed of by LICENSEE at Its own cost and expense and at no cost or expense whatsoever to COUNTY. 6.7· COUNTY shall havethe right, at anytime during the term ofthis Agreement, to Install, develop or re-develop utilities, cables, roads, parking areas, pavements, piers, docks, deep water slip areas, railroad tracks, or other Port related infrastructure under, over, and within the Premises covered bythis Agreement COUNTYand LICENSEE shall take such steps as are necessary in order to protect LICENSEE's Pipeline(s) and not I.Jnreasonably interfere with. LICENSEE's operations. If relocation of Pipeline(s) is necessary as determined by COUNTY, LICENSEE shall completely remove such Pipeline(s) and restore the Premises 

## to grade level, all at the sale cost and expense of 

### LICENSEE. A notice in writing ofits intention to install andlordevelop such improvements shall be glveri by COUNTY to LICENSEE one (1) year before same shall be made. Any 

### 5

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### required changes, relocation, or removal ofthe Pipeline(s) as necessary shall be made by LICENSEE within said time period stated above. COUNTY shall provide LICENSEE adequate alternative licensesthatwill enable LICENSEE to Install or relocate its Pipeline(s) in order to continue 

### to transport the same amount of Product(s) as before the required relocation or removal of the Pipeline(s). During any installation, maintenance, repair, removal, or relocation of the Pipeline(s), both LICENSEE and COUNTY will ensure that each others operations shall notbe unreasonably interrupted. LICENSEE is aware thatthe Port Master Plan, as currently written, envisions the re-development ofexisting roads and petroleum piers, which would require relocation or removal of the Pipeline(s) by the L1CEN.SEE at its 

### expense. ARTICLE 7 LICENSEE'S CONFORMANCE TO RULES AND REGULATIONS OF COUNTY 7.1 LICENSEE agrees to conform to and abide bysuch written rules, regUlations, and policies as mayfrom timeto time be adopted and imposed by COUNTYwith reference to Installing, maintaining, operating, repairing, replacing, abandoning or removing of its Pipeline(s). COUNTY agrees that such rules, regUlations and policies shall operate in a uniform way with res·pect to all persons and entities engaged at the Port in the same or a similar class of business and handling the 

### same commodities or materials, as that agreed to be conducted or handled by LICENSEE herein. Such rules, regulations and policies shall be reasonable. COUNTY shall furnish LICENSEE a copy of such written rules, regulations and policies upon request of LICENSEE. 7.2 LICENSEE, uponwritten request by COUNTY, shall provide COUNTYacopy of its PIpellne{s) preventative maintenance, testing and inspection records. All maintenance tests shall 

### be performed in accordance with the latest provisions of Chapter 62-762, F.AC' J 

### and other applicable state and federal regulations. 7.3 COUNTY, at its own expense, may conduct site Inspections ofthe Premises and Pipeline(s) as reqUired, upon reasonable notice to LICENSEE. 7.4 LICENSEE shalf comply with all applicable federal, state and local statutes and administrative rules and shall follow industry standards as criteria to operate, maintain, and repair the Pipeline(s) to ensure an adequate level of competence. 7.5 It is a reqUirement ofthe COUNTY that itenter into contracts onlywith firms that certifythe establishment ofadrug free work place in accordance with Chapter21.31 (a) ofthe J3roward**Coun~** 

### ProcurementCode. Execution of

### thisAgreement bythe LICENSEE shall.serve as the liCENSEE'S reqUired certificatIon thatthey either have orthat theywill establish a drug free work place in accordance with Chapter 21.31{a) of the Broward 

### County Procurement**Code~** 

### 7.6 LICENSEE shall demonstrate the adequacy of the corrosion protection of Pl"peline(s) by 

### ,either. (1) providing the COUNTY with quarterly written reports detailing 

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### cathodic protection current readings oftheir equipment; or (2) actively participating in 

### the Port Everglades Corrosion Coordinating Committee, Inc., or its successor organization which the COUNTY monitors regularly and which provides the COUNTY with an annual Cathodic Protection Survey. 

### 7.7 To facilitate effective cathodic protection of Pipeline(s) and insure compatibility ofthe cathodic protection system(s), as applied 

### to numerous other pipes and eqUipment, in close proxlm"ity to the .Pipeline(s) but owned by different companies, the COUNTY recognizes and supports the activities of the Port Everglades Corrosion Coordinating Committee, Inc., or its successor organization SUbject to written rules, regulations, gu'!delines and policies as may be imposed bythe COUNTYwith reference to

, placement of cathodic protection systems on COUNTY owned land Within the Port. 

### 7.8 LICENSEE shall provide the COUNTY with immediate notification of all failures or incidents involving suspected failures of Pipellne(s) followed by a copy of I

### neident Notification Form and/or Discharge Report Form concurrentwith the State required filing. LICENSEE shall provide the COUNTYwith 

### copies ofall**follow~up** 

### correspondence witli State aoo COUNTYenvironmental officials regardi,ng reported failures 

### or incidents and any resulting clischarge. 

### 7.9 In the eventastructural failure ofa Pipeline(s) occurs, LICENSEE agreesthat in addition 

### to,standard testing requirements currently in place forhydrostatictesting, itshall also contract with an independent inspection and testing company

### to provide an in depth analysis of the condition of the Pipellne(s) utilizing 

### a current method of Inspection acceptable 

### to the COUNTY and LICENSEE. 7.10 At a minimum such analysis will Include a review of previous API 570 inspecti,on reports, an assessmentofthe effectiveness ofthe cathodic protection, cause of ineidentlfailure, and a repair or replacement plan designed to avoid a re-occurrence. 7.11 Information regarding bulkprodUct piping incidents orfailureswill beanalyzed internally by the COUNTY, and 

### if necessary, referred to a consultant for further consideration at LICENSEE's expense. Any such consultant shall be approved 

### by LICENSEE and COUNTY before being engaged, and the approval of the consultant by LICENSEE and COUNTY shall not be unreasonably withheld.

. ARTICLE 8

NOTICE 

### Anynotice required or intended 

### to be sent

### to the parties with reference

### to the subject matter of this Agreement shall be sufficient jf posted by registered or certified mail addressed as ·follows: ' Notice to the COUNTY shall be addressed to: 7,_.J • • 

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### CountyAdministrator Governmental center, Room 409 115 So'uth Andrews Avenue Fort Lauderdale, FL 

### 33301 With 

# acopy mailed 

## to: PORT EVERGLADES: Attention: Port Director 

### 1850 Eller Drive Fort'Lauderdale, FL 33316 Notice to the LICENSEE shall be addressed to: 

### FLORIDA POWER & 

### LIGHT COMPANY Attn: Tim Corson Right 'ofWay Representative PO Box 8248 Fort Lauderdale, FL 33340 With copies mailed to: FLORIDA POWER 

### &LIGHT COMPANY Attn: General Counsel PO Box 14000 Juno Beach, FL 33408 FLORIDA POWER & 

### LIGHT COMPANY Attn: EMT Fuel Oil Manager 700 Universe Boulevard [EMT/JB] Juno Beach, FL 33408 FLORIDA POWER & 

### LIGHT COMPANY Attn: EMT ContractAdministration 700 Univetse Boulevard [EMT/JB] Juno Beach, FL 33408 ARTICLE 9 NON-EXCLYSIVE The privilege provided to LICENSEE In this Agreement shall not. be 

### construed as precluding COUNTY from granting like or**simila~** 

### privileges to others, including the rightof COUNTY. its grantees or assignees in Implemei"nting the use of any such additional licenses, to 

### cross overor underthe Pipellne(s) Installed bY.L1CENS·EE hereunderprovided that no such grantshall interferewith 

### th.e rights and**use~** 

### granted to LICENSEE herevnder.

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### ARTICLE 10 TIME OF ESSENCE
- PARTIES' RIGHTS CUMULATIVE Time ofperformance bythe parties ofeach and every provision. covenantand term hereofIs and shall be forever construed to be ofthe essence ofthis

### Agreemenl The rights ofthe parties hereundershall be cumulative and In addition to rights otherwise provided by the statutes and laws of tne State of Florida. Failure on the part of a party to promptly

.exercise any such available rightshall notoperate norbe construed to operate as awaiver or forfeiture ,ofany such right. ARTICLE 11 TERMS BINDING ON SUCCESSORS AND ASSIGNS The provisions and terms hereof shall extend to and be binding upon the parties hereto their successors and assigns. ARTICLE 12 INDEMNIFICATION 12.1 LICENSEE covenants and agrees at its sole costand expense, to indemnify, defend and hold COUNTY, its officers, agents, servants and employees harmlessfrom and against Indemnified Matters, which may at any time be imposed upon, incurred by or asserted or awarded against COUNTY and arising from or out of the past. present, or future installation, operation, maintenance, replacement. repair, abandonmentor removal ofthe Pipeline(s) or other use ofthe Premises (whether legal or illegal) by LICENSEE, its predecessors, successors, assigns, servants, agents, or employees, except to the extent such Indemnified Matters arise directly from the negligence of COUNTY or willful misconduct of COUNTY, its predecessor, servants, agents, or employees.

. 12.2 Promptly after the receipt by COUNTY of written notice of any demand or claim or the commencement of any action, suit or proceeding in respect of any of the Indemnified**~atters,** 

### COUNTY shall notify LICENSEE thereof in writing; but the failure by COUNTY promptly to give such notice shall not relieve LICENSEE of any liabilitywhich it ,may have to COUNTY hereunder. 12.3 It Is expressly understood and agreed thatfailure byCOUNTYto objectto any actions taken by LICENSEE or' LICENSEE's failure 

### to take any action shall not be construed to be 

### an approval by COUNTY of such actions orfailure to act. 12.4 LICENSEE's inder:nn!tyobligations underthisAgreementare exclusive

### of, and in addition to. any and all insurance obligationswhich LICENSEE has underthisAgreement af)d shall survive the term of**t~ls** 

### Agreement.



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### cooperatewith LICENSEE with respecttothe Indemnified Matters. ARTICLE 13 LICENSEE'S RIGHT TO ENTER: REQUIRED CONSTRUCTION PERMITS 13.1 It is expressly understood and agreed that LICENSEE shall have and COUNTY grants to LICENSEE, the rights of ingress and egress upon, the Premises (as well as the COUNTY's adjacent property, as reasonably required) at all times, for the purpose of 

### operating, installing, repairing, replacing, maintaining and removing the Pipeline(s). 13.2 LICENSEE agrees that it shall not undertake any work, except under emergency circumstances, involving installing, repairing, replacing or removing of any Pipeline(s) on the Premises without and until the written approval of COUNTY for such

.planned work has been given. Such written approval by COUNTY shall not be unreasonably withheld. 13.3 LICENSEE shall obtain all required governmental approvals for such work and shall complywith such other rules and regulations as may be reasonably prescribed by COUNTY, and shall take such steps as may be reasonably necessary or directed by COUNTYto 

### ensurethat LICENSEE's sublessees, employees, inviteesand guests observe these requirements. All reasonable costs associated with the construction and repair of any Pipeline(s), securityfence, barrier, access control and monitoring system, inclUding, but not limited to gates, signs or locks (keying and re-keying), which are currently installed orin the future installed atthe Premises by LICENSEE shall be borne by LICENSEE. COUNTY reserves the rightto take whateveraction is necessary to rectify any security deficiency or other deficiency and charge such costs and expenses to LICENSEE in the event LICENSEE fails to act within a reasonable time frame after being notified by COUNTY of any such deficiency. The provisions hereof shall survive the expiration or any other termination ofthis Agreement as long as Pipeline(s) exist on the Premises. ARTICLE 

### 14 WHARFAGE AND OTHER PORT CHARGES; SHORE TANK MEASUREMENTS; COMPLIANCE WITH TARIFF 

### 14.1 ·L1CENSEE shall payor cause to be paid Wharfage on the Producl(s) offloaded by itfrom**vessel~** 

### or loaded by Iton vessels atthe Portand transported through the Pipeline(s) as well as additional chs.rges for LICENSEE's use of other available services, faC!lities:or equ.ipment at the Port as provided for in Port Everglades Tariff No. 12, any amendments thereto or reissues thereof.



### . 14.2: ,.

## No.· wharfage charges shall be assessed on Product(s) passing through Pipeline(s) within·the license provided for herein, where such Product(s) have arrived atthe

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### Port by water and upon which wharfage charges have already been paid to COUNTY. 

### 14.3 All wharfage charges imposed byCOUNTY and paid by LICENSEE shall be determined by shore tank measurements taken before and after delivery to sixty (60) degrees Fahrenheit. Such measurements shall be based on a U.S. gallon oftwo hundred thirty-one**(23~)** 

### cubic Inches. with**forty~two** (42) 

### gallons to the barrel. All 

### measurements shall be corrected 

### to volume equivalents at sixty (60) degrees Fahrenheit in accordance with 

### ASTMn P 

### Petroleum MeasurementTable 7 

### (abridged) as amended or revised at the time the gauge Is taken. Representatives of the COUNTY may be present when said measurements are taken. LICENSEE agrees 

## to furnish, each time Product(s) Is ,discharged at the 

### Port, a sworn statement which will disclose the volume in barrels and tYpe of Product(s) received or loaded 

### by LICENSEE. 'LICENSEE agrees to furnish COUNrY with a cOpy ofthe Ship's Manifestand related inspector's report 

### for each cargo unloaded or loaded over the wharf 

### ofthe Port and such other records and data as might reasonably be requested by COUNTY. LICENSEE also hereby gives COUNTY the right, upon not**I~** 

### than three (3) 

### business days' prior notice and during normal business hours, 

## to inspect LICENSEE's books and all other appropriate records in connection with such deliveries from time to time and at such reasonable times as may be agreed upon between the parties. Thewharfage charges to be paid by LICENSEE

## to COUNTYshall be promptly paid and be SUbject

### to the account receivable policy ofthe COUNTY, uniformly imposed. 

### 14.4 In making use of the Premises. Port facilities, equipment or services, LICENSEE agrees to be bound by the terms and provisions of Port Everglades Tariff No. 12, any amendments thereto or reissues thereof. ARTICLE 

### 15 COVENANTS OF PARTIES 15.1 COUNTY covenants and agrees with LICENSEE that throughout the term hereof, itwill provide, maintain and make available for use by LICENSEE,**deep~water** 

### port facilities thatwill provide efficient, safe and useable meansforthe 

### importation of Product(s) by water. Any delay or failure to proVide such facilities that result from 

### an Act. of God, an Act 

### of War, or through no fault or act of COUNTY, shall not be considered a violation or breach by COUNTY of its obligations hereunder. 

### 15.2 Facilities having specifications substantiallythe same as those which existat 

### the time of the execution of this Agreement are acknowledged as fulfilling COUNTY's obligation 

### with regard to the terms 

### ofthis section. 

### 15.3 Notwithstanding any language contained herein to the contrary, LICENSEE shall have no liability orobligation,to indemnifyCOUNTY forany pre-existlng environmenta' impairments, liabilities, or conditions orany otherenvironmental impairments, liabilities or conditions not caused by 

### LICENSEE, its predecessors, employees, agents, invitees or contra,*,rs.
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### 15.4 In consideration of the foregoing, LICENSEE covenants and agrees with COUNlY**tha~** 

### during the term ofthis Agreement or any extension thereof:
15.4.1 L1CENS!=E, its 

### parent, and affiliated or related c9mpanies will not import Product(s) into the Port Everglades Jurisdictional Area by any means otherthan by water, rail or truck. 15.4.2 In the event LICENSEE brings into the Port, Product(s) by means otherthan bywater, rail ortruckthisAgreementshall become null and void arid LICENSEE shall remove any Pipellne(s) within the license

.g(anted hereunder and perform corrective action in accordance with Article 21, TERMINATION/NON-USE, herein. ARTICLE 16 INSURANCE REQUIREMENTS 16.1 LICENSEE shall maintain for the term of 

### this Agreement, Commercial General Uability,**wC?r~ers** 

### Compensation, BusinessAutomobile Uabilityand Environmental Impairment Liability in the amounts as follows:

. 16.1.1 Commercial General Liability in the amount of $25,000,000.00 combined single limit bodily injuryand propertydamage liability. Such policywill indude premises/operations, independent contractors and name Broward County Board of Commissioners as an additional insured.

. 

### . 

### 16.1.2 Environmental Impairment Liability in the minimum amount of $10,OqO,OOO.00 per occurrence. 16.1.3 Business Auto Liability in the minimum amount of $50,000.00 per person, and $100,000.00 per incident as to Bodily injury and $20,000.00 per incident as to Property Damage, with no deductible. Such policy shall insure owned, non-owned and hired vehicles. 16.1.4**Wo~!<ers'** 

### compensation in compliance with 

### Florida Statutes Chapter 440.as well as any applicable federal workers' compensation laws. 16.2 .Any policies

..of insurance obtained hereunder shall be evidenced by
"**.c~rtiflcate(s)** 

### ofirisurance which provide COU NTYwith thirty (30) days' priorwritten notice

'. of Cancellation and/or non-renewal. LICENSEE may elect to self-insure these insurance

requi'rements in lieL! 'ofobtaining policies for the types and at the limits provided herein. 16.3 LICENSEE has'be.e.n informed thatCOUNTY periodically reviewsthe required minimum insurance limits setforth herein. LICENSEE may request in writing, at leastsixty 12

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### (60) days prior

# to the Agreement anniversary date, a review of insurance requirements In this Agreement. Such requestwill receive written response, at conclusion of reviewwithin sixty (60) 

### days of request.

. ARTICLE 17 COMPLIANCE WITH LAWS 17.1 LicENSEE agrees that it will at all times comply with and abide by Port Everglades Tariff No. 

### 12 and all federal, stgte and local laws, ordinances, rules and regulations ofall governmental entities and agencies having jUrisdiction overthe activities of LICENSEE underthisAgreement, expressly including those dealing

## with environmental protection, atthe**~Ie** 

### expense of LICENSEE. 17.2 LICENSEE furtheragrees that itshall take all steps necessaryto 

### complywith applicable provisions of federal, state or local law requiring a demonstration of financial responsibility for petroleum terminal facilities, including, but not limited to, the following options:**it)surance~ guarante~,**  

### surety bond, letter of credit, or qualification as a selfinsurer. LICENSEE shall provide to COUNTYwritten evidence of Itscompliance with such financial responsibility requirements orevidence that it is notSUbject

### to such**req~irements.** 

### 17.3

.COUNTY, as owner of the Premises, agrees that it will at all times comply with and abide by all applicable laws, rules and regUlations and keep active, any permits and/or licenses as required to meet its obligations hereunder. ARTICLE 

### 18 LICENSE, PERMITS. TAXES 

### 18.1 LICENSEE agrees that It will obtain and keep in full force and effect all licenses, permits, and authorizations required by any governmental authority, body, or agency havingjurisdiction or regUlatory poweroverthe business conducted by LICENSEE at Terminal(s) in the Port.

. 

### .**18.~** 

### LICENSEE agrees that It will pay any and all taxes that may be levied on rights or InterestS.granted to It hereunderand on any

### ofits 

### improvements. This obligation

. shall survive the 

### ·term ofthis Agreement.
ARTICLE 19 ASSIGNMENT Neithe'r**t~is** 

### Agreement nor any rights or privileges emanating therefrom shall be

, assigned,. 

### transferred or sub-let without the prior written conSent 

### of COUNTY, which

consent shall.not.be unreasonably withheld. 

### 13

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### ARTICLE 2.Q DEFAULT
- REMEDIES 20.1 In the event that one of the parties should default in the performance of its obligations hereunder and such default shall continue to exist or a cure has not been Initiated for thirty (30) days afterwritten notice ofsuch default is given (as provided for in Article 8. NOTICE herein), the nondefaulting party, at its option, may terminate this Ag·reement.

.

, , 

### 20.2 In the event that one ofthe parties should default in the performance of its

. ,obligations hereunderand notermination ofthisAgreement is claimed bythe nondefaulting

party, the nondefaulting party may pursue appropriate remedies arising from the defaultas are provided for by law. ARTICLE 21 TERMINATION/NON-USE 21.1 In addition to termination by COUNTY or LICENSEE in accordance with Article 20. DEFAULT
- REMEDIES herein, thisAgreement maybeterminated by COUNTY upon non-use ofthe Pipeline(s) by LICENSEE for a continuous period ofthree (3) years. 21.2 Atthe end ofthe term orany extension thereof, or ifthisAgreement is sooner terminated, LICENSEE, at Its expense and at the sole option of COUNTY shall either: 21.2.1 Remove the Pipeline(s) that are the subject ofthi.s Agreement; or 21.2.2 Deactivate and/or abandon Pipeline(s) or segments thereof, in accordancewith specifications approved inwriting by COUNTYand in accordance with all applicable federal, state or local statutes or regulations.

. 21.3' Such removal, abandonmentordeactivation shall commencewithin sixtY (60) days from the end, of the term or extensions or sooner termination and shall proceed uninterruptedly to' completion. In conjunction with the removal, abandonment or deactivation, LICENSEE shall conduct, at its sole expense, an environmental assessment using**'th~** 

### services of competent and professional consultants with !Bxpertise in the erivironmemtal assessment process. to assure that its installation or operation of the Pipeline(s)' have not caused contamination of the environment in Coritravention of any applicable**fed~ral,** 

### state and/or local statutes or regulations. If the environmental assessment indicates that the LICENSEE's use' and operation of the Pipeline(s) has caused**environmental,co'1~amination** 

### above the regulatory limits requiring corrective action, LICENSEE 

# will take complete financial and managerial responsibility for the required

. corrective action. ..: .... ...•.**:.'.~:":**

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### ARTICLE 22 FORCE MAJEURE In the event that 

### either party 

### Is delayed or prevented from fulfilling Its obligations hereunder 

## py acts of God, fires, hurricanes, floods, governmental action, acts of war, strikes or any other cause beyond its control, such failure shall not be deemed 

### to be a breach ofthis Agreement and the time within which it must perform any such requirement shall be extended by a period oftime equal 

### to the period ofdelay arising from any ofsaid causes. ARTICLE 23 MISCELLANEOUS 23.1 This Agreement, and all provisions hereof, is subjectand subordinate to any written ordinances, rules or regulations which have been, or may hereafter

### be, adopted by COUNTY pertaining to the Port. In addition, this Agreement is subordinate and SUbjectto the provisions 'of all written resolutions heretofore and hereafter adopted by COUNTY in connection with any revenue bonds issued by COUNTY with respect to the operations of the Port, or any improvements to the Port or any ofits 

### facilities, and to the provisions ofall documents executed in connection with any such bonds, inclUding without limitation, any pledge, transfer, hypothecation orassignment made atanytime by COUNTYto secure any such bonds. 23.2 Within eighteen (18) 

### months afterthe commencementdate ofthisAgreement, LICENSEE shall, at its expense, provide the COUNTY with a complete set of "as builf plans and locations (using the Florida State Plane Coordinate Grid System and signed/sealed bya State of Florida registered land surveyor) of Pipeline(s), both active and inactive, atthe Premises Including one setof machine readable disks containing electronic data in an AUTOCAD format or other format acceptable to the COUNTY. Plans will be updated to reflect completion of 

### any additional installation and any alteration of said Pipellne(s). All Improvements on the Premises shall 

### be, and remain, free and clear ofall .liens, claims and encumbrances whatsoever. During any Installation, maintenance and repairofthe Pipeline(s), L1CENSEEshall.fumish COUNTYwith two sets of"a8 built" plans. 23.3

. It is agreed by and between the parties hereto thatthis Agreement replaces and supersedes all prioragreements, easementsand rights ofway (and any amendments**theret~) relate~**  

### to the**s~bject** 

### matter hereof between LICENSEE and the COUNTY. 23.4 LICENSEE acknowledges that 

### COUNTY Is subject to Development Orders issued pursuant

## to Chapter**~,'Florida** 

### Statutes,'bythe City ofFort Lauderda!e, the City of Dania, .and Sroward COUNTY (collectively, "Development Orders"). COUNTY has

- completed its 1994 Fort**Laude~ale-Hollywood** 

### International Airport Master Plan Update

. ("MasterPlan Update") and Its 

### 1994 Fort laUderdale-Hollywood International Airport FAR 

### 15

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### Part 150 Program Update ("Part 150 Updatell). 

### Accordingly, COUNTY will be seeking regulatory approvals (collectively, "RegulatoryApprovals ll) 

### consistentwith such plans and the**impl~mentation** 

### ofsuch plans. which may include the following: (1) amendmentofthe existing**Dev~lopment Order~**  

### consistent with Chapter 380, Florida Statutes. as may be**amended~** 

### (2) 'Preliminary DevelopmentAgreement(s} from the DepartmentofCommunity 

### Affairs consistent with Chapter 380, Florida Statutes, as may be amended; (3) land use snd 'zoning amendments pursuant to Chapter 163, Part II, Florida Statutes. as may be amended;. (4) federal requirements; (5) such environmental permitting as maybe required by federal,' state. or !ocal regulations; and (6) any other regulatory approvals as may be required byanygovernmental authority havingjurisdiction overthe issuance ofpermitsfor the approval and implementation ofthe Master Plan Update and,the Part 150 Update. 23.4.1**~ICENSEE** 

### agrees to cooperate with COUNTY in connection with COUNTY·s efforts to obtain the RegulatoryApprovals. From and after the date ofexecution ofthis Agreement. LICENSEE agrees

## tosupport COUNTY's efforts to obtain the Regulatory Approvals by executing any document(s) or instrument(s) reasonably requested by COUNTY in order to assist COUNTY in obtaining the Regulatory Approvals, provided that LICENSEE shall not be reqUired to bearanyexpense In connection therewith orexecute anydocumentwhich is in conflictwith the rights granted LICENSEE herein. 23.5 LIMITATION ON EXPANSION OF LIABILITYOR INDEMNITY. Neitherparty hereto shall take any action (whether by virtue ofentering into any contractwith any third party or otherwise) to extend. Increase, or otherwise expand any liability or indemnity obligation of the other party as applicable under the terms and conditions of this Agreement. 23.6 AMENDMENTS. No modification, amendment. or alteration in the terms or conditions contained herein shall be 

### effective unless contained In a written document prepared and executed by both parties with the same formality as this Agreement. 23.7 SEVERABILITY. In the eventthis Agreementora portion thereof isfound by a court ofcompetentjurisdiction 

### to be invalid, the remaining provisions shall continue to be

.effective unless COUNTY or LICENSEE elects to terminate this Agreement. The election ' to terminate thisAgreement based upon this provision shall be 

### madewithin seven (7) days afterthe finding I;>y the court becomes final.

" ....



### 23.8 JOINT PREPARATION. The parties hereto acknowledge that they have soughtand received whatevercompetentadvice and counsel aswas necessaryforthem to form a full and 'Complete understanding of all rights and obligations herein and that the preparation ofthis.Agreement

## has:been ajointeffortofthe parties, the language has been agreed

# to by"the·parties.to express theirmutual intentand the.resulting documentshall not.

, .**sol~ly** 

### as"s rns.tter ofjudiqial construction, be construed more severely against one ofthe**p~rtle~ tli:a~**  

### :the other.

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### 23.9 THIRD PARTY BENEFICIARIES. NeitherCOUNTY norLICENSEE Intends to directly or sUbstantially benefit a third party by this Agreement Therefore, the parties liereto agree thatthere are no third party beneficiaries to this Agreement and that no third party shall be entitled to 

### asserta claim against eitherofthem based upon ttais Agreement. 23.10 NOWAIVER. Nowaiverby COUNTYorLICENSEE ofanydefaultcommitted on the part ofthe other party In performance ofany ofthe terms, covenants or conditions hereofto be performed. kept**o~** 

### observed shall constitute awaiver or

### be construed to be a waiverby 

### COUNTYor LICENSEE ofany priororsubsequentdefaultcommitted hereunder. 23.11 CAPTIONS AND HEADINGS. The 

### section headings in this Agreement are Inserted only as, a matter of convenience and for reference, and In no way define, limit or describe the scope or infent of any provision hereof. 23.12 CUMULATIVE RIGHTS. All rights and remedies ofCOUNTYand LICENSEE hereunderor at law or in equity are cumulative and shall be 

### in addition to any other rights and remedies available. The exercise ofany right or remedy shall not be taken to exclude or waive the 

### right to the exercise of any other. Failure by COUNTY or LICENSEE to

, promptly exercise any of its rights shall not operate to forfeit or be treated as a waiver of any such rights. 23.13 CHOICE OF LAWAND VENUE. Any controversies or legal cause ofaction arising out ofthis Agreement and any action Involving the enforcement or Interpretation of any rights hereundershall be 

### prosecuted in the state courts of Broward COUNTY, Florida the venue situs, and shall be 

### governed bythe laws ofthe State of Florida.

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### 23.16 The LICENSEE shall notengage In orcommit any discriminatory practice in violation'ofthe Broward County Human RightsAct (Broward CoLinty Code, Chapter 16-112) 

### in performing any services pursuant to 

### this Agreement 

### '23.1'7 AUDIT RIGHT AND RETENTION OF RECORDS. 23.17.1 

### CpUNTY shall have the right to audit the books, records, and accou,nts of LICENSEE that are related to this Agreement. LICENSEE shall keep such books, records, and accounts as may be ,necessary in order to record complete and correct entries related ,to**t~e** 

### Agreement. 23.17.2 

### LICENSEE shall preserve and make available, at reasonabletimes for**ex~.mination** 

### and audit by COUNTY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention**pe~od** 

### ofthe Florida Public Records Act (Chapter 119, 

### Fla. Stat.), ifapplicable, or, ifthe Florida Public RecordsActis notapplicable, for a minimum period of three (3) years after termination of this Agreement. Ifanyaudit has been initiated and auditfindings have not been resolved at the end of the retention period or three (3) years, whicheveris longer, the books, records, and accounts shall be 

### retained until resolution of the audit findings. If the Florida Public Records Act is determined by COUNTYto be applicable to L1CENSEE's records, LICENSEE shall comply with all requirements thereof; however, no confidentialityornoooisclosure requirement of either federal or state law shall be violated by LICENSEE. Any**inpomple~,** 

### or incorrect entry in such books, records, and accounts shall be 

### a basis for COUNTY's disallowance and recovery ofany payment upon such entry. 23.18 

### SECURITY. 

### 23.18.1 To the extent applicable to the Premises, and while on the Premises and otherland SUbjectto Section 311.12, 

### F.S., within the Port, LICENSEE,**a~** 

### Its sole cost, shall complywith Section 311.12, 

### ·ES.,' Seaport security standards, and Section '311.125, 

### ES.,**Unif~.rm** 

### 'Port**Acce~** 

### Credential System, as same may be amended from time 

### to time, relating to security regUlations for 

### ports, arid shall obtain all necessary security clearances, including**crimin~1** 

### 'background checks for the LICENSEE's employees, contractors. or subcontractors, that may be required pursuant to the COUNTY's security plan for the 

### Port ' 23.18.2 '(n

### ~ddition, 

### LICENSEE arid COUNTY acknowledge that security measureS at Port Everglades may be increased and that such 18 ,.,:.,: ,.': .**';'~,',;;,<\:'"** .-:"

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### eff9rts will likely Impact the Premises. In this regard, LICENSEE agrees to cooperate with COUNTY's efforts to Increase security and. agrees to comply 

### with all security rules and regulations. whether impose(j by federal agencies. including but not limited to**tti~** 

### U.nlted States Custom Service. the United States**Coa~t** 

### Guard. the SUilte' of Florida. or COUNTY. LICENSEE. at its Sole cost, shall be responsible for complying with all security-related**m~.asures·** 

## that impact the Premises. LICENSEE and/or its**~mpI9yees. r~presentatives.**  

### contractors, guests. and Invitees. 23.1'9. MULTiPLE ORIGiNALS. This' Agreement may be executed in four (4)**c~unterparts.** 

### each ofwhich shall be deemed to be an original.

.
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### IN WITNESS WHEREOF, the· parties have made and executed this Ucense Agreement on the respective**~ates** 

### undereach signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing**b~d** 

### through Its , authorized to execute same by Board action on the #f;f,Jay of ) (M...(... . , 

### 2008, and FLORIDA POWER 

### & LIGHT COMPANY.. signing by and through 

### its 

## j'f\:\9). . , duly authorized to execute same. COUNTY

## ~u.-L. ______, 2008

LICENSEE WITNESSES: & 

### LIGHT COMPANY

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### Attachment E License Agreement for ULSD Oil Pipeline (to be attached)

### Attachment F License Agreement for Aquatic Organism Return System (to be attached)

### Appendix I NPDES Permit FL0001538 (to be attached)