Resolution 037-1980
RESOLUTION NO. 37 - 1980
REsonUTION AUTHORIZING CHAIRMAN TO EXECUTE
THE MODIFICATION TO CONSENT ORDER IN CASE
NO. SW-111-79, ATTACHED HERETO, IN BEHALF OF
THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA.
WHEREAS, the Department of Environmental Regulation
having prepared the Modification to Consent Order in Case
No. SW-111-79, attached hereto, and the Board of County
Commissioners of Monroe County, Florida having mutally approved
same, now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA that the Chairman of the Board of
County is hereby authorized to execute in behalf of the Board
of County Commissioners, the attached Modification to Consent
Order.
RESOLVED in regular session at Key West, Florida
this 29th day of January, A.D., 1980.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By:
ATTEST:
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~ HiilE3Y t:ERtfH th~t t~is dGi:ume~t ill:;:
b&eD revit1W'ed for lega' sutf:cia:cy ".':ij
~Dtent and that the saYle ~eets with m~:
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Asst. Cmmty AU!.',lW~
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BEFORE THE STATE OF FLORIDA
DFP]\_'1THENT OF ENVIRON~1ENTAL REGULATION
In the t!atter of:
MONROE COUNTY, FLORIDA
Through its Board of County Commissioners
Donald Schloesser, Chairman
Respondent.
HODIFICATION TO CONSENT ORDER
This Modification to Consent Order is made and entered
pursuant to Section 17-1.58(3), Florida Administrative Code,
between the Department of Environmental Regulation (hereinafter
referred to as "Department") and !"_onroe County Board of County
Commissioners (hereinafter referred to as "Respondent").
The Department in determining compliance with the provisions
of the attached Consent Order (Case No. SW-lll-79, attached hereto
as Exhibit I), has determined that the Respondent has made
significant improvements at all of their solid waste facilities,
yet still remains in violation of the Consent Order. The Depart-
ment has recognized the Respondent's good faith efforts to comply
, resulting in comP1.ianc~ with paragrapb 1,2,4,5,7,&E
with the above mentloned Consent Orderhln splte of manpower
shortage and other operational shortages. The Department and the
Respondent also have found that certain modifications need to be
made to the above mentioned Consent Order to carry out the environ-
mental aims of the Order.
Accordingly, the Department and the Respondent agree that
the previously executed Consent Order (Case No. SW-11l-79) shall
be modified as follows:
1. The Respondent shall, at the Cudjoe Key Sanitary Landfill,
have the required degree of slope pursuant to Chapter 17-7.05(4)1,
Florida Administrative Code, by ~~arch 31, 1980 instead of July 23,
1979 as required in paragraph 6 of the attached Consent Order
(Case No. SW-111-79).
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2. The Respondent shall remove all presently accurnrnulated
metal and white goods from the Key Largo Transfer Station by
March 31, 1980, instead of July 23, 1979, as required in paragraph
2 of the attached Consent Order (Case No. SW-111-79). The
Respondent may also satisfy this requirement by compacting and
covering the metal and white goods with initial cover by March
31, 1980.
DATE
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BOARD OF COUNTY COHl'HSSIONERS
OF MONROE COUNTY, FLORIDA:
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Chairman of the Board --.--
Approved by Resolution No.
attached as Exhibit II
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Richard G. Payne
Attorney for Monroe County
Post Office Box 1617
Key West, Florida 33040
DONE AND ORDERED this
day of
1980, in Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION
JACOB D. VARN
Secretary
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32301
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AUG ~() 1979 .
DEPARI!1EN'l' OF F."NVIRCM1EN'I'l\L REGUIl\TIO\1
In the ~1att.er of:
Dept. I'~ En'JirJ'~nlcr:' 'I t'lt'\'rr.r".'
, ,~ ''':.u,udOn
Office of Gi;nCfl:l/ CCl,;nscl
:.1CNI~E COlNI'Y, FIDRIDA
1hrough it's I30ard of County Corrmissioners
Donald Schl~sser, Chairman
CASE NO.
SW-111-79
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Respondent.
CCNSENT ORDER
Dept. 01 En'lironmsnt81 F<'. ~~ i:i lion
Oflicc of Gcn2rJ\ Cc.!rISe\
'Ihis consent Order is made and entered pursuant to Section
17-1. 58 ( 3), Florida Administrative Code, between the ~partIrent of Environ-
rrcnta1 PEgulation (hereinafter referred to as ~part:rrent) and Monroe County
Dcxrrd of CoLU1ty Cornnissioners (hereinafter referred to as Respondent).
\..1HEru:J\S, the Respondent maintains, operates, rranages and controls
a solid waste transfer station kno.m as the Key Largo Transfer Station,
located in Section 9 of To.mship 60 South, Range 40 East in a:mroe Cou.'1ty,
Florida, and
h'HEREl\S, on September 26, 1977, Respondent was issued and acrepted
D2part:m2nt of Envirorll'teIltal Regulation Operation Pennit number SW044-464.4, and
\vHERFJ\S, the Respondent maintains, operates, rranages, and controls
a solid waste disposal site knCMn as the LDng Key Sanitary Landfill located
in Sections 4 and 5 of TCMnship 65 South, Range 35 East in Monroe County,
Florida, and
\\1HERE1\S, on August 5, 1977, Respondent was issued and acrepted
D2part:rrent of EnvirOI1ll'eIltal Regulation Operation Permit number SW044-2033,
and
v.1HEREAS, the Respondent maintains, operates, manages, and controls
a solid waste disposal site known as the Cudjoe Key Sanitary Landfill located
in Section 19 of TcJ...mship 66 South, Range 28 East, in Honroe County, Florida,
and
w1IEREAS, on November 16, 1977, Respondent was issued and accepted
~part:I1Cnt of Environrrental Regulation cperation Permit n\.IIlt:er SW044-2041,
and
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\"iHERE1\S, on or about Jtme 1, 1979,
the Hcspon<::bnt, J.t the Key Largo 'l'ransfer Station, alleJ..led garbage to re-
IT'L"lin tm-transferred on-site for over forty-eight hours, and
\vHEHFAS, the Respondent's actions J.S alleged above were in
violJ.tion of ChZlpter 17-7.091 (2) (f) Florida
;~istrative Code, and
WHERF.JS, on or about February 7 or 8, 1979, and Jtme 1, 1979, the
P.2spondcnt, at the Key Largo Transfer Station, allONed solid waste in the
[onn of ",'hi te gcxx1s, rretals, and other materials to be disposed of in and
within 200 feet of Zl natural body of water, and
\vHEREl\S, the Respondent's actions as alleged above were in
violation of ChJ.pter 17-7.04(2) (a) (NON Chapter 17-7.04(3)(b) and (3) (c)),
Floricb J\dministrative Code, and
YiHEREI\S, on or about February 7 and 8, 1979, and Jtme 1, 1979,
the PJ2spondent, at the Key Largo Transfer Station, maintain~d a solid
wilSte Jisposal site without a permit, and
\-JHEPEJI.s, the Respondent I s actions as alleged above were in viola-
tion of Chapter 17-7.03(7) (a) (Nav Chapter 17-7.03(2) (a)), Florida Administra-
t i ve Co<::b, and
\"iHEREl\S, on or about February 7 and 8, 1979 and June 1, 1979, the
P-espondent, at the Key Lcl.rgo Transfer Station, disposed of solid waste by
an tmapproved rrcthod, and
\'VHEREl\S, the Respondent's actions as alleged above ~re in viola-
tion of Chapter- 17-7.04 (1), Florida Administrative Code, and
\VHEREAS, on or about February 8, 1979, April 18, 1979, and
Jlme 1, 1979, the Respondent, at the Long :Key Sanitary Landfill, maintained
~11 side grades \vith slop2s greater than thirty (30) degrees, and
WHEREAS, 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
N1minis trati ve Ccx1e, and
\\1HEHf':J\S, on or about February 8, 1979, April 18, 1979 and ~1ay 31,
1979, the Respondent, at the Cudjoe Key Sanitary Landfill, maintained cell
side grades \olith slop2s great.er than thirty (30) degrees, and
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\<JlffiRF.J\S, the Respondent's actions as alleged above were in viola-
lion of Chi1pter 17-7.05(3) (i) (NChl Cl1i1pter 17-7.05(4) (1)), Florida Admini-
strati~~ Code, and
\<JlffiHEi\S, all of the above rrentioned actions were not in carplianre
\viU1 St.:lte stnndards and are therefore in violation of Section 403.161 (1) (b) ,
Florida Statutes, and
h'HEREl\S, the parties concerned having rret on June 18, 1979 to
informally discuss the matters at issue in an attempt to resolve the afore-
rrcntioned alleged violations, hav"e arrived at a mutually acceptable
resolution pursuant to Section 17-1.58(3), Florida Administrative Code, it
is therefore:
AGREED AND ORDERED
1. 'l'hQ Hespondent shall transfer all of the accumulated garbage
present at the Key Largo Transfer Station on Jurie 18, 1979 to the long Key
Sanitary Landfill as soon as possible and by no later than July 23,1979.
2. ,Ul rretals and white gocx1s shall be removed from the water at
the Key Largo Transfer Station by the Respondent by July 23, 1979.
3. The Respondent shall rernove all presently accumulated rreta1
anel \..-hite goods f rom the Key Largo 'l'rans fer Station by September 18, 1979.
lIa.~'Cver, the Cepartrrent may grant an extension of this time period if there
is <my justifii1ble delay in the removal of said waste by the County.
4. 'lhe Respondent shall apply for a pennit for a yard trash clis-
posa1 site at the Key Largo Transfer Station by July 23, 1979.
5. '!he P.espondent shall establish a..'1 area
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at the Key Largo Transfer
Station for all white gocx1s and scrap rretals awaiting transfer off site.
'!his area shall be fifty feet (50') away from any body of water. 'Ihe ResPOn-
dent may also accept up to fifteen junk autorrobiles on site awaitinq transfer.
6. The Pespondent shall, at the CUdjoe Key Sanitary Landfill and
the Iong Key Sanitary Landfill, have the required degree of slope pursuant to
:hc'ter 17-7.05(4) (1), Florida Administrative Code by August 18, 1979.
7. JKproved litter control will be provided by the Respondent at all
of ~he aforementioned sites.
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8. The Rcsp:mdent shall consent to the entry of this order by vote of
it's governing lxx:1y at a regularly scheduled rreeting.
9. This Consent Order shall be the final agency action of the Departrrent.
The terrrs ar,d conditions set forth herein may be enforced in a court of competent
jurisdiction pursuant to Section 120.69 and 403.121, Florida Statutes. Failure
to con;)ly with the terms of this Consent Order shall constitute a violation of
St.'ction 403.161 (1) (b), Florida Statutes.
lC. Rcsp:mdent hereby waives the right to a hearing or administrat.ive or
jtrlicial review of the terms of this Consent Order.
11. Rcsp:mdcnt is fully aware a violation of the terms of this Consent
Order may subject Respondent to judicial imposition of damages, civil penalties
of up to $10,000.00 per offense, and criminal penalties.
12. The Dcpa.rtrrent hereby expressly reserves all remedies available tc, it
ill tl18 event of any incident, occurrence or activity other than that which is the
subject rratter of this Consent Order and to enforce the terms .and conditions of
this Consent Order.
13. This Consent Order shall take effect upon date of entry by all parties.
OOl\RD OF CX>UNlY W-1MISSIONERS
OF ~ROE COUN1Y, FIDRIDl\:
DEPARIMENT OF ENVIRONMENTAL
REGUlATION:
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District 11anager
South Flcrida District
2180 West First Street
Suite 401
Fort Myers, Florida 33901
Telephone: (813) 332-2667
Richard G. Payn
Attorney for M:>nroe County
Post Office Box 1617
Key West, F~9r:ida . .3~040. ", ~
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IXl'JE A..'IJD ORDERED b~is 27 7)J day of 46",-r
A.D. 1979, at Tallahassee,
Florida.
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State of Florida,
D2part:rrent of Environrrental
Regulation
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Vam, Secretary
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RESOLUTION NO~68 - 1~79
RESOLUTION AUTHORIZING CHAIRMAN TO EXECUTE
Cm';SENT ORDER WITH DEPARTMENT OF ENVIRON-
r-lENT:\L REGULNl'ION.
uE 17 RESOLVED BY THE BOARD Of COUNTY COMMISSIONERS OF
~O~ROE COUNTY, FLORIDA
That the Chairman of the Board be and he is hereby
,") IJt~1or ized 1:0 execute in beha 1 f 0 f the Board the or ig ina 1 of
the Consent Order, a copy of which is attached hereto.
RESOLVED at regular meeting this 31st day of July, A.D.
1 J7 9.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
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CuL.:~;'~ OE-' ~.lONROE.
I IlSllEBY CERTIFY th<l t the foregoing is a true
l:U:JY of :t r~esolution adopted by the !1o<lrd of County
CO:'.l:-:lission2l:"S of Honroe County, Florida, at a meeting
o~ 'said JO:trd duly held on the
31st
day of
July
19 79 .
, A.D.
\'lIT:mss my hand and official seal this
7th
d<lY of
August
, A.D. '1979.
(SeAL)
Ralph W. White
Clerk of the Circuit Court in
and for Monroe County, Florida,
and ex officio Clerk of the
Board of County Commissioners
of r.l?nrOe coun11-l' Florida.
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