Resolution 142-1979RESOLUTION N0: 142- 1979
RESOLUTION AUTHORIZING CHAIRMAN TO EXECUTE
CONSENT ORDER IN CASE NO. 78-1338 IN BEHALF
OF THE COUNTY COMMISSIONERS.
WHEREAS,-_the,Department of Environmental Regulation
and the Board of County Commissioners of Monroe County having
arrived at a mutually acceptable resolution of this'action,
now therefore
BE IT RESOLVED BY THE -BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA that the Chairman of the Board be
and he is hereby -authorized to execute in behalf of the Board
of County Cominissioners,:the attached Consent Order.
RESOLVED in regular session at Plantation Key, Florida
this 17th day of, July, A.D. 1979.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,- FLORIDA
BY: f
Chair an
Attest:
Clerk
�.J//fJI ��r • • _ i5i
APPROVED ON
PK
- BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
.DEPARTMENT OF ENVIRONMENTAL )
REGULATION,
Petitioner,
Y. -.Department Case No. 'SW-52-78
VS.
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS,. )
Respondent. )
DOAH Case No. 78-1338
CONSENT ORDER
This -Consent Order is made and entered pursuant to Section
17-1.58(3), Florida Administrative Code, between the Department
of Environmental Regulation (hereinafter Department) and Monroe
County Board of County Commissioners (hereinafter Respondent).
The Department finds and Respondent agrees to the following:
1. On June_19, 1978, the Department issued to Respondent
a Notice of Violation and Orders for Corrective Action (herein-
after'Notice). A copy of the Notice is attached hereto and.incor-
porated herein as Exhibit A.
2. In reply to the Notice, Respondent requested a formal
hearing and pursuant to Section 120.57, Florida Statutes, the matter
was referred to the.Division of Administrative Hearings for necessary
proceedings. During the pendency of said proceedings,, the parties
met in order to reach a prompt resolution to the matters alleged
in the Notice.
3. . Having arrived at a.mutually acceptable resolution of
this action, it is,
AGREED AND ORDERED:
A. The following measures shall be instituted to correct
the violations described in paragraph 3.of the Notice (Exhibit A).
(1) The water pump currently in existence at the Long Key
site shall at all times be maintained.in a sound mechanical
and working. condition.
(2) The Respondent shall no less than once daily test said
pump to insure that it is in.working condition.
(3) In addition, the Respondent shall maintain a suitable fire
hose so that water for said pump can be used to properly ex-
tinguish any fire which.may occur at the landfill.
B. The Respondent shall take the following measures to correct
the violations described in paragraph 4 of the Notice (Exhibit A):
All septic tank and grease trap pumpings shall be disposed of
by the Respondent.at'its Long Key Landfill as follows:.
The Respondent shall each day construct a ditch on top of an
inactive completed lift or cell and all septic tank and grease
.trap Ipumpings shall be deposited in said ditch and at the close
of each day the Respondent shall cover over said ditch with.the
landfill material removed during its construction and an -addi-
tional six (6) inches of clean earth.
C. The procedures described in A and-B above shall be maintained
and undertaken by the Respondent or its successors until such time
as.another method of disposal or maintenance is approved by the
Department.
D. In further settlement of alleged violations and any
accompanying liability which might be judicially imposed upon the
Respondent pursuant to Exhibit I of the Notice, the Respondent
agrees to reactivate the Marathon Transfer Station. The reactiva-
tion project shall entail site preparation, including grading and
fencing and the construction of a -concrete slab for a Swa-car and
a user's ramp. A tractor shall be overhauled and put into service
to tow the Swa-cars to and from Long Key. The project shall be
completed and in service within thirty (30) days of the effective
date of this Order.
E. Respondent shall expend no less than $13;000.00 on this
-2-
-17
project. Monies for'the project shall come from the following
sources:
(1) $6,000.00 shall come from the $25,000.Q0 (cash performance
bond) escrow account established by the Respondent pursuant to
Exhibit I. The Department hereby authorizes Respondent to release
the sum of $6,000.00 from the fund and to utilize said funds for
direct expenses._of reactivating the Marathon Transfer Station.
(2) Any costs beyond $6,000.00 shall be borne by Respondent
from its general revenue fund.
F. This Consent Order shall become effective upon date of
entry by the Secretary, shall be final agency action of the Depart-
ment of Environmental Regulation and shall be enforceable under
Sections 120.69.or 403.161, Florida Statutes, and any other applicable
provision of state or federal law.
G. The Respondent hereby waives any right to a hearing or
administrative or judicial review of :the terms of this.Consent
Order and agrees to withdraw -its Petition for.Hearing before the
Division of Administrative Hearings. The Department agrees to take
no further action to enforce the terms of Exhibit A in considera-
tion for the timely performance of the terms of this Order by
Respondent. The Department does not.however,•waive the right to
take enforcement action on future violations of Chapter 403, Florida
Statutes, or the rules promulgated thereunder.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Chairman of the Board
Approved by Resolution No.
attached as Exhibit B.
RICHARD G. PAYNE
Attorney for Monroe County
Post Office Box 1617
Rey West,.Florida 33040
rin
�y: j�, � c
r.•.1
DEPARTMENT OF ENVIRONMENTAL
REGULATION
PHILIP R. EDWARDS,
District Manager
South Florida District
2180 West First Street
Suite 401
Fort Myers, Florida. 33901
Telephone: (813) 332-2667
—i I
t
DONE AND ENTERED this day of , 1979,
in -Tallahassee, Florida..
STATE OF FLORIDA, DEPARTMENT
OF ENVIRONMENTAL REGULATION
1
JACOB D. VARN-
' - Secretary
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32301
Telephone: (904) 488-4807
-4