Resolution 055-1984
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RESOLUTION NO. 055 -1984
A RESOLUTION AUTHORIZING THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
ACTING AS THE BOARD OF GOVERNORS TO THE
MUNICIPAL SERVICE DISTRICT, TO ENTER INTO A
CONSENT ORDER BY AND BETWEEN THE STATE OF
FLORIDA, DEPARTMENT OF ENVIRONMENTAL
REGULATION AND MONROE COUNTY MUNICIPAL
SERVICE DISTRICT AND THAT THE DIRECTOR OF THE
MUNICIPAL SERVICE DISTRICT IS HEREBY
AUTHORIZED TO PAY TO THE DEPARTMENT OF
ENVIRIONMENTAL REGULATION THE $2,000.00
PROVIDED FOR IN THE CONSENT ORDER.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, acting as the BOARD OF GOVERNORS TO THE
MUNICIPAL SERVICE DISTRICT, as follows:
1. That the Mayor and Chairman of the Board of County
Commissioners of Monroe County, Florida, is hereby authorized to
execute the Consent Order by and between the State of Florida,
Department of Environmental Regulation and Monroe County
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Municipal Service District, a copy of same being attached hereto.
2. That the Director of the Municipal Service District is
hereby authorized to pay to the Department of Environmental
Regulation the sum of $2,000.00 provided for and agreed upon in
the Consent Order.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the
24th day 0 f
February
, A.D. 1984.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
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Chairman
(Seal)
At t est: DANNY L. KOLHAGE, Clerk
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Clerk
APA OVED AS TO FORM
GAL SUFFICIE
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BY
DEFORE THE STATE OF FLORIDA
DEPARTMENT OF'ENVIRONMENTAL REGULATION
IN THE OFFICE OF THE:
South Florida District
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULAT ION
Complainant,
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OGCCase No.: 84-0023
vs.
Monroe County Board of
, County Commissioners
Municipal Service District }
Respondent.
CONSENT ORDER
This Consent Order is entered into between the State
of Florida, Department of Environmental Regulation
. (herei~after "Department") and Monroe County Board of County
Commissioners; Municipal Service District, Wing III, Public
Service District, Stock Island, Key West, Florida 33904
(hereinafter "Respondent").
The Department finds and Respondent admits the
following:
1. Respondent owns and operates solid waste.
incinerators at Key Largo, Long Key and CUdjoe Key in Monroe
County. These incinerators are operated under permits issued
by the Department and a list.of the permit numbers and
location of the incinerators are incorporated herein and
attached hereto as Exhibit 1.
2. Operation of the incinerators is subject to the
general and specific conditions of the permits and to the
specifications submitted by the Respondent in the individual
applications. The temperature of the main burner and the
secondary chamber (afterburner) is specified in each
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application, and the specified afterburner temperature for
each incinerator is incorporated herein and attached hereto as
part of Exhibit II.
less than the specified temperatures. These dates when the
May, 1983, various incinerator afterburners were operated at
3. During the peri.od from August, 1982, through
afterburner temperature was at or les~ than 1,0000 for each
incinerator involved is tabulated and incorporated herein and
1
attached hereto as part of Exhibit II.
4. On various occasions, visible emissions from
various incinerators were measured by qualified personnel and
found to be in excess of allowable limits. These dates and
readings are tabulated ~nd incorporated herein and attached
hereto as Exhibit III.
5. The actions described in paragraphs three (3)
;and four (4) above constitute violations of Florida
Administrative Code Rules 17-2.240, 17-2.600(1) a~d 17-4.23
and Section 403.l6l(1)(a)(b), Florida Statutes.
.
The Department and Respondent having met to discuss
the violations and having reached a mutually agreeable
settlement of the above referenced matters pursuant to Florida
Administrative Code Rule 17-1.58(3), it is therefore:
AGREED AND ORDERED
6. Respondent agrees to pay to the Department of
Environmental Regulation "Pollution Recovery Fund" the amount
of Two Thousand Dollars ($2,000.00) in settlement of the
foregoing violations. This payment shall be' made in the form
of a certified check or money order and mailed to the South
Florida District Office, 2269 Bay Street, Fort Myers, Florida
33901, within twenty (20) days after entry of this Consent
Order.
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7. Respondent shal~ not operate any incinerator at
less than the specified temperatures in the main chamber or
the secondary (afterburner) chamber.
8. Each temperature chart shall be identified by
units and colored ink. This information shall be permanently
affixed to each temperature chart.
9. The average weight of a load shall be determined
during each shift.
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10. Respondent, as a miniIIUlm, shall perform a one
point calibration on the afterburner temperature charts on a
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monthly basis.
11. Respondent shall allow authorized
representatives of the Department access to the property at
reasonable times for purposes of determining compliance with
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this order and the rules and regulations of the Department.
12. The Department hereby expressly reserves the
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right to initiate appropriate legal action to prevent or
prohibit the future violation of applicable statutes, or the
rules promulgated thereunder.
13. The Department, for and in consideration of the
complete and timely performance by Respondent of the
obligatIons agreed to in this Consent Order, hereby waives its
right to seek judicial imposition of damages, or civil or
criminal penalties for alleged violations to date outlined in
this Consent Order. Respondent waives his right to a hearing
or judicial review of the terms of this Order.
14. Entry of this Order does not relieve Respondent
of the need to comply with applicable federal, state, or local
laws, regulations or ordinances. The entry of this Consent
Order does not abrogate the rights of substantially affected
persons who are not parties to this Order, pursuant to Chapter
120, Florida Statutes.
15. The terms and conditions set forth in the
Consent Order may be enforced in a court of competent
jurisdiction pursuant to Sections 120.69 and 403.121, Florida
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Statutes. Failure to comply with the terms of this Consent
Order shall constitute a vi01ation of Section 403.16lCl)(b),
Florida Statutes.
16. Respondent is fully aware a violation of the
terms of this Consent Order may subject Respondent to judicial
imposition of damages, civil penalties of up to $10,000.00 per
offense, and criminal penalties.
17. This Consent Order shall take effect upon the
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date of filing and acknowledgement by the Clerk of the
Department pursuant to Section 120.69, Florida Statutes and
.
Florida Administrative Code Rule 17-1.58(3).
FOR THE RESPONDENT:
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L,.. ~ 'l-~...II ~ 'l..,,-,. ,
Chairman
. Monroe County Board of ,
County Commissioners
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Date
DONE AND ORDERED this
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in Fort Myers, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION
PHILIP R. EDWARDS
District Manager
South Florida District
2269 Bay Street
Fort Myers, Florida 33901
Telephone: 813/332-2667
o.
►` Incior 01 Key Largo AO nn- 1111 Nov. 10 ,
Lat.• 25J18 ' 55" N
Long-. 80°20100"W
Incinerator #2 Key Largo AO 44-51112 Nov. 12 ,
Lat. 2 °18 ' 55"N
Long. 8,0°20 '_ 00"W
Incinerator # 3 . Key Largo AO 44-51113
Lat. 25°18 ' 59"N
Long. 80°20 ' 00"W
Incinerator # 4 LcAg Key AO 44-54821 Nov.. 15 , .;.
Lat . 24°49 ' 19"N
Long. 80°49 ' 15"W .
Incinerator #5 Long Key V AO •44-54823 Nov. 16 ,
Lat. 24049 ' 19"N
Long. 80°49 ' 15"W
Incinerator #.6 Long Key AO 44-54825 Nov. 16 ,
Lat. 24°49 ' 19"N
Long.. 80°49' 15 "W
Incinerator #7 Cudjoe Key AO 44-54828 Nov. 16 , : _ _
Lat . 25°40 ' 36"N
Long. 81°30' 20"W
Incinerator #8 . Cudjoe Key. . AO 44-54829 Nov.. 16 , :.
Lat. 25°40 ' 36"N .
Long. 81°30 ' 20"W
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EXHIBIT I