Loading...
Resolution 146-1987 Charles P. Aguero, Manager Municipal Service District RESOLUTION NO. 146 -1987 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CHAIRMAN OF THE BOARD TO EXECUTE A CONSENT ORDER, IN RE: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION VS. MONROE COUNTY MUNICIPAL SERVICE DISTRICT, CASE NO. 87-0032. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that said Board hereby approves and authorizes the Mayor and Chairman of the Board to execute a Consent Order, a copy of same being attached hereto and made a part hereof, in re: State of Florida Department of Environmental Regulation vs. Monroe County Municipal Service District, Case No. 87-0032. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17th day of March, A.D. 1987. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, (SEAL) Attest: DANNY 1.,. KOLHAGE, Clerk /~ . ....:.; .flt<~~.1P.C er ' APPROVED AS TO FORJI,,1 AN. L AL SUFF/C!~ /'J ,t?y ~ {d~,,'1 Altamey's Offk. -' 7 ( BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION IN THE OFFICE OF THE SOUTH FLORIDA DISTRICT STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION complainant. ) ) ) ) ) ) ) ) ) ) ) ) OGC Case No. 87-0032 vs. MONROE COUNTY MUNICIPAL SERVICE DISTRICT Respondent CONSENT ORDER This Consent Order is entered into between the State of Florida. Department of Environmental Regulation (hereinafter "Department") and Monroe County Municipal Service District (hereinafter (Respondent"). The Department'finds and Respondent admits the following: 1. The Department of Environmental Regulation is the administrative agency of the State of Florida charged with the authority to administer and enforce Chapter 403. Florida Statutes (F.S.). and the rules promulgated thereunder in Florida Administrative Code (F.A.C.) Title 17. 2. Respondent owns. operates. and maintains two solid waste disposal sites which may be described as the: Key Largo site. State Road 90S in Key Largo. Monroe County. Florida. Latitude 2so13IS5"N. Longitude 80020'00"W. Long Key Site. Mile Marker 67. U.S. Highway No.1 Long Key. Monroe County. Florida. Latitude 24049119"N. Longitude 8004911S"N. 3. On June 26. 1986, Respondent submitted applications to the Department for permits to construct an air curtain destructor (ACD) unit at each site. 4. On or before July 16, 1986 Respondent had initiated construction of the ACD units at each site. 1 , , ~~ 5. The Department alleges that the facts described in paragraph 4 above constitute violations of Florida Administrative Code Rules 17-2.210 and 17-4.03 and Section 403.087(1) Florida Statutes in that the ACD units were constructed prior to the issuance of permits for their construction by the Department. 6. The Department alleges that the facts described in paragraph 5 constitute a violation of Section 403.161(1)(b). Florida Statutes which requires compliance with all Department rules and permit conditions. The Department and Respondent having met to discuss the alleged violations and without an adjudication of the matters at hand, and having reached a mutually agreeable settlement of the above referenced matters pursuant to F.A.C. Rule 17-103.110(3). it is therefore AGREED AND ORDERED: 7. Respondent shall not operate either of the ACD units until the Department has issued the construction permits for the units. 8. An engineetc's certification of completion of construction for the ACD units and emission test results shall be submitted to the Department within 60 days after issuance of the construction permit. These certifications shall be signed by a Florida Registered Professional Engineer. 9. In settlement of the aforementioned matters. Respondent shall perform the fOllowing: A. Mitigation in an effective amount of $4.000.00 shall be performed by Respondent. Mitigation must be in the public interest. be such as to enhance the environmental quality of Monroe County. and not be a normal function of Monroe County nor regularly budgeted as such. Within thirty (30) days after date of entry of this order. Respondent shall submit to the Department a proposal to satisfy the mitigation requirement of this Order. In the event that the proposed mitigation is not satisfactory to the Department a revised proposal shall be submitted within fifteen , ~ 2 (IS) days after notification by the Department. This schedule shall be maintained until such time as a satisfactory mitigation plan is approved by the Department. A time schedule for completing the accepted mitigation should be included in such proposal. If. however. a satisfactory mitigation plan cannot be established within 120 days after the effective date of this Order. Respondent shall make payment to the Department in the amount of $4.000.00 in lieu of mitigation. Payment shall be made in the same manner and form as described in sub-paragraph B. below. Both parties shall make diligent effort to arrive at an acceptable mitigation plan. B. Respondent shall make payment of one thousand dollars ($1.000.00) to the Department of Environmental Regulation in settlement of the violations stated in the Consent Order. The amount shall be made payable to the "State of Florida Department of Environmental Regulation" and shall be submitted to 2269 Bay Street. Fort Myers. Florida 33901. within twenty days of the entry of the Consent Order. For and in consideration of the complete and timely performance by Respondents of the obligations agreed to in this Consent Order. the Department hereby waives its right to seek jUdicial imposition of additional civil penalties concerning the issues resolved by this Consent Order. 10. Persons not parties to this Consent Order whose substantial interests are affected by this Consent Order have a right. pursuant to Section 120.57. F.S.. to petition for an administrative determination (hearing) on it. The petition must conform to the requirements of Chapter 17-103 and 28-5. F.A.C., and must be filed (received) in the Department's Office of General Counsel. 2600 Blair Stone Road. Tallahassee, Florida - !~ 32399-2400. within 14 days of receipt of this notice. Failure to file petition within the 14 days constitutes a waiver of any right such person has to an administrative determination (hearing) pursuant to Section 120.57. F.S. 11. Respondent waives its right to an administrative 3 hearing on the terms of this Consent Order under Section 120.57. F.S.. and its right to appeal this Consent Order pursuant to Section 120.68. F.S. 12. Entry of this Consent Order does not relieve Respondent of the need to comply with the applicable federal. state or local laws. regulations. or ordinances. 13. The terms and conditions set forth in this Consent Order may be enforced in a court of competent jurisdiction pursuant to Sections 120.69 and 403.121. F.S. Failure to comply with the terms of this Consent Order shall constitute a violation of Section 403.l61(1)(b). F.S. 14. Respondent is fully aware that a viOlation of the terms of this Consent Order may subject Respondent to judicial imposition of damages. civil penalties up to $10.000 per offense and criminal penalties. 15. Respondent shall allow all authorized representatives of the Department access to the property at reasonable times for the purpose of determining compliance with the terms of this Consent Order and the rules of the Department. 16. The Department hereby expressly reserves the right to initiate appropriate legal action to prevent or prohibit future violations of applicable statutes or the rules promulgated thereunder not covered by the terms of this Consent Order. , ~,i 17. No modification of the terms of this Consent Order shall be effective until reduced to writing and executed by both the Respondent and the Department. 18. All reports. plans. and data required by this Consent Order to be submitted to the Department should be sent to the Environmental Manager. Enforcement Section. 2269 Bay Street. Ft. Myers. FL 33901. 19. This Consent Order is final agency action of the Department pursuant to Section 120.69. F.S.. and F.A.C. Rule 17-103.110(3). and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 4 120.F.S. Upon the timely filing of a petition this Consent Order will not be effective until further order of the Department. Ma r c h 1 7, 19 8 7 Date OR THE RESPONDENT: DONE AND ORDERED this day of . 1987, 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: (HI3) 332-2667 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the following was furnished 'by U.S. Mail to the aforementioned this_day of . 1987. Langley Adair Environmental Manager i I" 5