From: Caldwell, Matt

Sent: Monday, July 10, 2017 11:02 AM

To: Meloon, Nathan
Cc: Skupny, Priscilla; Williamson, Heather; Shugar, Kimberly
Subject: RE: Dunbar Contaminated Site

Nathan-
Thank you for taking the time to speak with me on this critical issue. I am committed to the safety and security
of our children, our community, and our environment. The thing that most surprised me was the fact that the
site was not secured from the public and I have shared this concern with the City as well. I am glad to hear that
the site will be secured today.
However, per our conversation today and in my role as the Chair of Government Accountability, I would
appreciate more specific responses to the attached letter.
Additionally, as to Question 1, how would the new Pollution Notification bill, passed in 2017, have affected
notice for the residents?
Thank you.


From: Meloon, Nathan [mailto:Nathan.Meloon@dep.state.fl.us]
Sent: Sunday, July 02, 2017 3:06 PM
To: Caldwell, Matt <Matt.Caldwell@myfloridahouse.gov>
Cc: Skupny, Priscilla <Priscilla.Skupny@myfloridahouse.gov>
Subject: Dunbar Contaminated Site

Representative Caldwell,
We wanted to reach out to you and give you an update, including the timeline of events in
Dunbar. If any of your constituents have any questions or concerns on this issue, please direct
them to us either via email or by calling at 850-245-2140. If you have any additional questions or
need any follow up information do not hesitate to contact me. My cell number is407-432-5294.

Nathan Meloon
Deputy Director
Office of Legislative Affairs
Florida Department of Environmental Protection
Office: (850) 245-2142

The Florida Department of Environmental Protection is committed to protecting public health

and safety and safeguarding our natural resources. Since discovering the presence of arsenic on
this site, DEP has continued to press the City of Fort Myers to monitor the site to ensure impacts
remain on site, and to develop a plan to remediate the site.
Last week, the City released an initial plan for the site, which includes securing the property and
conducting any additional testing. The City has confirmed to DEP that theyve already begun the
process of fencing off the area.
As part of the Citys clean-up plan, additional assessment must be conducted. DEP is committed
to assisting the City develop the appropriate assessment plan and any necessary subsequent
clean-up plans. DEP must approve this assessment, and is committed to ensuring the city adheres
to the plan once approved.

A timeline of DEPs involvement in this site can be found below:

 In 2002, the City of Fort Myers (who owns and manages the property) hired a contractor
to complete a Preliminary Environmental Site Assessment. This report concluded no
evidence of lime sludge and that no environmental concerns would exist. This report
was provided to DEP in May 2006
A DEP inspector went to the site on June 9, 2006, and dug holes, which led
to locating lime sludge.
DEP expressed to the City that they should conduct soil sampling at the site
on June 28, 2006.

In 2007, the City of Fort Myers conducted soil samples on the property. The Department
received the report with these findings on March 12, 2007.

In 2007, the City of Fort Myers conducted soil samples on the property. The Department
received the report with these findings on March 12, 2007.
The results showed that while 43 of the 44 samples taken met target clean up
levels for commercial use, the samples did not meet the required level for
residential use.
Because results indicated the presence of arsenic, DEP required the City to
conduct groundwater monitoring, as well as required the city to submit a
remedial action plan.
The City conducted groundwater monitoring in 2008. DEP staff believed that
the arsenic was not moving offsite.
DEP confirmed that residents in the surrounding area were served by a public
water supply (which would be treated and tested in according with the Safe
Drinking Water Act), and that the City had an ordinance that residents should
be connected to the water supplier.
DEP added the site to its public Contamination Locator Map in 2010.


On June 25, 2010, DEP staff met with City of Fort Myers staff follow up on the
requirement to submit a RAP.
On July 13, 2010, DEP approved a Remedial Action Plan that consisted of a
requirement to conduct water quality monitoring for five years and further
assess the degree and amount of impacted soil to further develop a plan to
remediate the site.
The City of Fort Myers contracted the sampling and shared their results with
DEP. Results since 2013 have all met drinking water standards.

DEP remains committed to working with the City of Fort Myers to ensure proper clean-up and
management of this site.
Last week, the City released an initial plan for the site, which includes securing the property and
conducting any additional testing. The City has indicated that theyve already begun the process
of fencing off the area.
As part of the Citys clean-up plan, additional assessment must be conducted. DEP is committed
to assisting the City develop the appropriate assessment plan and any necessary subsequent
clean-up plans. DEP must approve this assessment, and is committed to ensuring the city adheres
to the plan once approved.
DEP is also committed to ensuring that public input is included in these decisions. We have
already requested a meeting with the City to begin this process. The City has informed us that
they retained a third-party expert to assist with the development of an effective assessment plan.
DEP has confirmed that every residential structure in the surrounding area is connected to Lee
County Utilities. We continue to work with the City to identify any users who may have a private
well, and are ready to provide sampling for those wells.
We will continue to work closely with the City to ensure that all aspects of the plan are achieved
once it is finalized and approved. DEP will also closely review any new information gathered as
part of this assessment, and from the general public, and take any necessary enforcement action.

 RALF BROOKES ATTORNEY
June 29, 2017

Representative Matthew Caldwell, [R] Chairman, House Government Oversight Committee

Rep. Barbara Watson [D Ranking Member], House Government Oversight Committee
House Speaker, Rep. Richard Corcoran [R] Speaker, House of Representatives

Re: Home-a-rama site, Dunbar Florida

Dear Representative Caldwell,

On behalf of the residents and families of the Dunbar Community, a predominantly African American
section of the City of Ft Myers Florida, we respectfully request that the Florida House Government
Oversight Committee investigate the local DEP District Office actions with regard to the Home-a-rama
site and specifically address the following questions:

1. Why was no notice issued to the residents of Dunbar when Arsenic was first detected in
groundwater at the Home-a-rama site?
2. When was contamination first identified on the site?
3. Why did DEP only require the City test for Arsenic and Aluminum and nothing else?
4. Why did DEP take no follow up when the City failed to respond to DEPs request for 700 days
(from April 24, 2008 to July 25, 2008)?
5. Why did DEP allow children to play on the Home-a-rama site even after contamination was
discovered?
6. Why did the DEP not follow through on its demand that the City address clean up contamination
on the site made in a meeting with the City over seven years ago on June 25, 2010?
7. Were all comments made by DEP at the June 19, 2017 City Council meeting legally and
technically correct?
8. Can the citizens of Dunbar be given full participation in future site assessment testing including:
a. what pollutant testing is done?
b. the list of pollutants?
c. the locations of the tests?
d. the ability and money to conduct their own testing of the site?

The Home-a-rama site that was contaminated after the City of Ft Myers purchased the site to dump
wastes, including waste lime sludge from the Citys water treatment plant, for decades without a permit.
Can DEP give the community any assurances that other wastes were not dumped at the property since it
was not fenced or posted?

Sincerely yours,
/s/ Anthony Thomas, Dunbar Community Activist, Anthony_Thomasfmh@hotmail.com
/s/ Curt Sheard, Dunbar Community Activist
/s/ Willie B. Green, President Justice of All People, wbgsinai@yahoo.com
/s/ Crystal Johnson, Dunbar Community, Candidate for Fort Myers City Council Ward 3
/s/ Mildred Barnes, Dunbar Community, Candidate for Fort Myers City Council Ward 3
/s/ Nicole Diggs, Dunbar Community, Candidate for Mayor City of Fort Myers
/s/ Rev. Velma D. Blacksmith, Apostolic House of God

Ralf Brookes Attorney

1217 E Cape Coral Parkway #107 Cape Coral Florida 33904
Ralf@RalfBrookesAttorney.com