Resolution 168-1979
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RESOLU'1'IO' NOJ-68 - 1979
RESOLUTION AUTHORIZING CHAIRMAN TO EXECUTE
CONSENT ORDER WITH DEPARTMENT OF ENVIRON-
MENTAL REGULATION.
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 the original of
the Consent Order, a copy of which is attached hereto.
RESOLVED at regular meeting this 31st day of July, A.D.
1979.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
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BEFORE THE STATE OF FIDRIDA
DEPARI1'1ENT OF ENVI~1ENTAL REGUIATION
In the r,1atter of:
MCNROE COUNTY, FIDRIDA
Through it's Board of COunty Corrmissioners
Donald Schloesser, ChaibTIan
CASE NO.
Respondent.
CCNSENT ORDER
TI1is consent Order is made and entered pursuant to Section
17-1. 58 (3), Florida Adrrrinistrative Code, between the Depa.rt::rrent of Environ-
rrental Regulation (hereinafter referred to as Depa.rt::rrent) and Monroe County
Board of COunty COrrrnissioners (hereinafter referred to as Respondent).
WHEREAS, the Respondent maintains, operates, manages and controls
a solid waste transfer station kncmn as the Key Largo Transfer Station,
located in Section 9 of Tcmnship 60 South, Range 40 East in Honroe County,
Florida, and
I'lliEREAS, on September 26, 1977, Res]X)ndent was issued and aC02pted
Deparbrent of Envirol'1I'OOIltal Regulation Operation Permit number 81"1044-4644, and
WHEREAS, the Respondent maintains, operates, manages, and controls
a solid waste disposal site known as the Long Key Sanitary landfill located
in Sections 4 and 5 of Tcmnship 65 South, Range 35 East in Monroe County,
Florida, and
WHEREAS, on August 5, 1977, Respondent was issued and aC02pted
Depart:rrent of Envirol'1I'OOIltal Regulation Operation Permit number 8'\"1044-2033,
and
I'lliEREAS, the Respondent maintains, operates, manages, and exmtrols
a solid waste disposal site known as the Cudjoe Key Sanitary Landfill located
in Section 19 of Ta-mship 66 South, Range 28 East, in Monroe COunty, Florida,
and
WHEREAS, on November 16, 1977, Respondent \vas issued and accepted
Depart:Irent of Envirol'1I'OOIltal Regulation cperation Permit number 8'\',1044-2041,
and
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WHEREAS, on or about June 1, 1979,
the Res};X)ndent, at the Key Largo Transfer Station, allONed garbage to re-
main un-transferred on-site for over forty-eight hours, and
WHEREAS, the Res};X)ndent' s actions as alleged above were in
violation of Chapter 17-7.091(2) (f) Florida
Administrati ve Code, and
WHEREAS, on or about February 7 or 8, 1979, and June 1, 1979, the
Res};X)ndent, at the Key largo Transfer Station, allONed solid waste ill the
form of white goods, rretals, and other materials to be disposed of in and
within 200 feet of a natural body of water, and
WHEREAS, the Res};X)ndent' s actions as alleged above were ill
violation of Chapter 17-7.04(2) (a) (Now Chapter 17-7.04(3)(b) and (3) (c)),
Florida Administrative Code, and
WHEREAS, on or about February 7 and 8, 1979, and June 1, 1979,
the Respondent, at trle Key Largo Transfer Station, maintained a solid
waste dis};X)sal si te without a penni t, and
WHEREAS, the Respondent's actions as alleged above were in viola-
tion of Chapter 17-7.03(7) (a) (NON Chapter 17-7.03(2) (a)), Florida Administra-
ti ve Code, and
WHEREAS, on or about February 7 and 8, 1979 and June 1, 1979, the
Res};X)ndent, at the Key largo Transfer Station, dis};X)sed of solid waste by
an unapproved rrethod, and
WHEREAS, the Res};X)ndent' s actions as alleged above were in viola-
tion of Chapter 17-7.04(1), Florida Administrative Code, and
WHEREAS, on or about February 8, 1979, April 18, 1979, and
June 1, 1979, the Respondent, at the Long Key Sanitary Landfill, maintained
cell side grades with slopes greater than thirty (30) degrees, and
WHEREAS, the Res};X)ndent' s actions as alleged above were in viola-
tion of Chapter 17-7.05(3) (i) (NON Chapter 17-7.05(4) (1)), Florida
Administrative Code, and
WHEREAS, on or about February 8, 1979, April 18, 1979 and ~1ay 31,
1979, the Res};X)ndent, at the Cudjoe Key Sanitary Landfill, maintained cell
side grades vlith slopes greater than thirty (30) degrees, and
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WHERF..AS, the Respondent's actions as alleged above were in viola-
tion of Chapter 17-7.05 (3) (i) (NON Chapter 17-7.05 (4) (1)), Florida Admini-
strati ve Code, and
WHEREAS, all of the above rrentioned actions were not in complianCE
with State standards and are therefore in violation of Section 403.161 (1) (b) ,
Florida Statutes, and
vJHEREAS, the parties concerned having net on June 18, 1979 to
informally discuss the matters at issue in an atterrpt to resolve the afore-
rrentioned alleged violations, have arrived at a mutually acceptable
resolution pursuant to Section 17-1. 58 (3), Florida Administrative Code, it
is therefore:
AGREED AND ORDERED
1. The Respondent shall transfer all of the accumulated garbage
present at the Key Largo Transfer Station on June 18, 1979 to the long Key_
Sanitary Landfill as soon as possible and by no later than July 23,1979.
2. All netals and white goods shall be rerroved fran the water at
the Key Largo Transfer Station by the Resrnndent by LTuly 23, 1979.
3. The Respondent shall remove all presently accumulated rretal
and white goods from the Key Largo Transfer Station by September 18, 1979.
HONever, the IRparbrent may grant an extension of this ti.m2 period if there
is any justifiable delay in the removal of said waste by the County.
4. The Respondent shall apply for a permit for a yard trash dis-
posal site at the Key Largo Transfer Station by July 23, 1979.
5. The Respondent shall establish an area
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Station for all white goods and scrap netals awaiting transfer off site.
This area shall be fifty feet (50') away from any bcx1y of water. The Respon-
dent may also accept up to fifteen junk autambiles on site awaiting transfer.
6. The Respondent shall, at the CUdjoe Key Sanitary Landfill and
the long Key Sanitary Landfill, have the required degree of slope pursuant to
Chapter 17-7.05(4) (1), Florida Administrative Code by August 18, 1979.
7. Improved litter control will be provided by the Respondent at all
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of the aforementioned sites.
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8. The Resp:mdent shall consent to the entry of this order by vote of
it's goVerning body at a regularly scheduled rreeting.
9. This Consent Order shall be the final agency action of the Departrrent.
The tenns ar.d conditions set forth nerein may be enforced in a court of competent
jurisdiction pursuant to Section 120.69 and 403.121, Florida Statutes. Failure
to comply with the tenns of this Consent Order shall constitute a violation of
Section 403.161(1) (b), Florida Statutes.
Hi . Respondent hereby waives the right to a hearing or adrninistrat.i ve or
judicial review of the tenns of this Consent Order.
11. Respondent is fully aware a violation of the tenns of this Consent
Order may subject Respondent to judicial imposition of darna.ges, civil penalties
of up to $10,000.00 per offense, and criminal penalties.
12. Th~ Departrrent hereby expressly reserves all remedies available tc. it
in the event of any incident, occurrence or activity other than that which is the
subject matter of this Consent Order and to enforce the tenns and conditions 'of
this Consent Order.
13. This Consent Order shall take effect upon date of entry by all parties.
BOARD OF mUNTY CDMMISSIONERS
OF M:lNROE COUNTY, FIDRIDA:
DEPAR'IMENT OF ENVIIDNr>1ENTAL
REGUIATION:
Philip R. Edwards
District I-1anager
South Florida District
2180 West First Street
Suite 401
Fort Myers, Florida 33901
Telephone: (813) 332-2667
Chai of e
Approved by solution No.
attached as Exhibit I
Richard G. payn
Attorney for Monroe' County
Post Office Box 1617
Key West, F19:r:ida..3~040. ,"'~
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iXl'JE AND ORDERED this
Florida.
day of
A.D. 1979, at Tallahassee,
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State of Florida,
~parbnent of Environrrental
Regulation
Jacob D. Vam, Secretary
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CERI'IFlCA'IE OF SERVICE
I HEREBY CERTIFY that the original of the foregoing proposed CONSENT
ORDER has been furnished by United States Mail to RICHARD G. PAYNE, Attomey
for Monroe County, Post Office Box 1617, Key West, Florida 33040, on this
11th day of July, 1979.
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OOUGLAS H. MACLAUGHLIN
Assistant General Counsel
State of Florida, Department of
Environrrental Regulation
'lWin TcMers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32301
Telephone: (904) 488-9560
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