Resolution 253-1979
RESOLUTION NO.253 - 1979
RESOLUTION AUTHORIZING CHAIRMAN TO
EXECUTE CONSENT ORDER WITH DER
REGARDING MATE'S BEACH SUBDIVISION.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA that the Chairman be and he is hereby
authorized to execute the Consent Order with the Department of
Environmental Regulations, a true copy of which is attached
hereto, relating to Mate's Beach Subdivision, excepting that
numbered paragraph 2 be deleted from same prior to execution by
the Chairman.
RESOLVED in Regular Meeting at Marathon, Monroe County,
Florida this 6th day of NovemffirA.D. 1979.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
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Attez; b
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\-. ".J'/b_/(J- '
, Clerk
I ~:r~23"/ GE\.~rrrY f,ii::t th;s dnc~:.~%~!~~t i~Jr~
l;CO:! r ("Ilk: \:.'cd ror [c:~d ~;~lfndf:ilI::'1 2:~'Z;
content mtd that the same mc'ets \'ilia l;;cy
~provid. ~"f~
, RICH;?RO G. ~AY~!E
Asst. CO'Jlity Att>;n10'1
APPROVED ON
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BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
In the Matter of:
DONALD SCHLOESSER, CHAIRMAN
Monroe County Board of County
Commissioners
500 Whitehead Street
Key West, Florida 33040
Case No.:
Monroe County, Florida,
Respondent.
CONSENT ORDER
This Consent Order is made and entered into between the
State of Florida Department of Environmental Regulation (hereinafter
referred to as "Department"), and Donald Schloesser (hereinafter
referred to as "Respondent").
WHEREAS, The Respondent is the chairman of the Monroe
County Board of County Commissioners which governs the county
agency known as the Monroe County Department of Transportation.
Said department is responsible for maintenance of a county road
known as Candice Avenue, located in Section 28, Township 66 Souttl,
Range 29 East, Little Tourch Key, Monroe County, Florida.
WHEREAS, on or before July 20, 1979, the Respondent filled,
or caused to be filled, a submerg~d land located at the aforementioned
Candice Avenue, thereby destroying a valuable wetland environment.
Said fill activity was accomplished to provide a road for t~~ sub-
division known as Mates Beach Subdivision No.4.
WHEREAS, Respondent's actions as alleged above constitute
man-induced alterations of the chemical, physical, and biological
integrity of State waters, which are or may be, potentially harmful
or injurious to animal or plant life or property.
WHEREAS, Respondent's fill of the aforestated submerged
land was not in compliance with State'standards and caused pollu-
,.,
toy.
"
tion in violation of Section 403.161(1) (b), Florida Statutes. The
Respondent's actions in failing to obtain a permit prior to commenc-
ing filling was in violation of Section 253.123, Florida Statutes,
and Section 17-4.28(2), Florida Administrative Code.
WHEREAS, the parties concerned thereafter met to infor-
mally discuss the matters at issue in an attempt to reach a resolu-
tion of the above matters. The Department and Respondent, having
arrived at a mutually acceptable resolution pursuant to Section
17-1.58(3), Florida Administrative Code, it is therefore:
AGREED AND ORDERED
1. Respondent shall immediately refrain from filling of
submerged and/or transitional lands under Department jurisdiction
without obtaining a valid Department permit as defined in Section
17-4.28(2), Florida Administrative Code.
2. nco~ndcnt :Jh.:lll P:lY Fivc Hundrsd Do.llaJ:::s....-i.$..5.0.{}.t ~eL-
tlcmcnt for the ~~EsmQntioned actiona. P:lymont shgll JLe m~de
3. The Respondent shall restore the submerged land to
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t:hc Dcp.:lrtment':I "Pollution nceo'v'cry F'md " _
original contours and elevations as described in Exhibit III",
attached hereto and incorporated herein. Restored submerged land
shall be revegetated with red mangroves (Rhizophora ~angle) on
one-meter centers. Revegetation shall be completed when 80 percent
survival of plantings has been reached.
4. Upon full performanc~ by Respondent of the obligations
contained herein, the Department, in consideration of the foregoing,
agrees to release the Respondent from any further liability for
having undertaken the aforestated fill activities without having
prior approval of the Department.
5. This Consent Order shall be the final agency action
of the Department. The terms and conditions set forth herein May
be enforced in a court of competent jurisdiction pursuant to Sec-
-2-
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tion 120.69 and 403.121, Florida Statutes. Failure to comply with
the terms of this Consent Order shall constitute a violation of
Subsection 403.161(1) (b), Florida Statutes.
6. Respondent hereby waives the right to a hearing or
administrative or judicial review of the terms of this Consent
Order.
7. Respondent is fully aware a violation of the terms
of this Consent Order may subject Respondent to judicial imposi-
tion of damages, civil penalties of up to Ten Thousand Dollars
($10,000) per offense, arid criminal penalties.
8. The Department hereby expressly reserves all reme-
dies available to it in the event of any incident, occurrence, or
activity other than that which is the subject matter of this Con-
sent Order and to enforce the terms and conditions of this Consent
Order.
9. This Consent Order shall take effect upon date of
entry by all parties.
DONE AND ORDERED this '2(, rH day of .:5'=7>nJ11&~
1979, ~n Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION:
I~j).~
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32301
Date
DONALD SCHLOESSER
Chairman
Monroe County Board of County
Commissioners
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