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
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APPROVED AS TO FORJI,,1
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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.
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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.
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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
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(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
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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
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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.
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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
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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
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