Backup Documents 03/30/2001 EBOARD OF COUNTY COMMISSIONERS
EMERGENCY MEETING
MARCH 30, 2001
NOTICE OF EMERGENCY MEETING
Notice is hereby given that the Board of County Commissioners of Collier County, will
hold an emergency meeting on FRIDAY, MARCH 30, 2000, at 2:00 P.M. in the Boardroom,
3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami
Trail, Naples, Florida. The Board's agenda will include:
A. Discussion and approval of the terms and conditions of the Florida
Department of Environmental Protection Consent Order relating to
wastewater.
All interested parties are invited to attend, to register to speak and to submit their
objections, if any, in writing, to the Board prior to the emergency meeting.
All registered public speakers will be limited to five (5) minutes unless permission for
additional time is granted by the Chairman.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is
to be based.
Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in
any lobbying activities (including, but not limited to, addressing the Board of County
Commissioners), register with the Clerk to the Board at the Board Minutes and Records
Department.
If you are a person with a disability who needs any accommodation in order to participate
in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance.
Please contact the Collier County Facilities Management Department located at 3301 East
Tamiami Trail, Naples, Florida, 34112, (941) 774-8380; assisted listening devices for the hearing
impaired are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES D. CARTER, Ph.D., CHAIRMAN
DWIGHT E. BROCK, CLERK
By:/s/Maureen Kenyon
Deputy Clerk
(SEAL)
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Friday, March 30, 2001
2:00 p.m.
Emergency Meeting
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER
PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL,
BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO,
ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE
CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN
ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO
YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER
COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI
TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR
THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE.
REPORT ON NEGOTIATIONS FOR THE NORTH COLLIER COUNTY WATER
RECLAMATION FACILITY 5 MGD EXPANSION FAST TRACK AND THE DEP
CONSENT ORDER.
RESOLUTION 2001-99 AUTHORIZING THE PUBLIC UTILITIES ENGINEERING
DIRECTOR TO EXECUTE THE CHANGE ORDER UNDER CONTRACT 99-2908 -
ADOPTED 5/0. BUDGET AMENDMENT TRANSFERRING FUNDS - APPROVED 5/0.
CHAIRMAN AUTHORIZED TO SIGN CONSENT ORDER WHEN NECESSARY OR IN
HIS ABSENCE, VICE CHAIRMAN TO SIGN -APPROVED 510
2. ADJOURN
0ct-25-02 02: 15P Collier
~evernor
Envi,
Cch}fled Mail No.: 7000 057,
RI::,'I'UI{N RE('EIPT RkQIJ1
Collier County Sewer Distri(
Joe Chealham
3301 Iamiami '1 rml East, B1
Naples. k lot,da .34-112
I)ear Mr. (?hcnlham:
'lhe purpose of tiffs let
be responsible, and to geck
referenced facility indicates
above described t:acility.
Deparlmen! pcrsomlcl
l:acilit~ was not t
seasonal hydraul
thcility have im1
the spiIIs of ina(
oll several occa~
slates thai the re:
proh~hited
Thc activJtie.q ohserve
facility that may hc cantnbt
ceased.
Continued activities a
liability tot damages and re:
per violation per clay, pursm
County Public Wks
Department of
onmental Protection
South Dk~trict
P,O. Box 2549
[art ~yers. F~onda 3~902-2549
P.02
David B. Struhs
Secrecary
D l'}O12 2992 0740
;S'TED
g,H
Collier County - DW
North County Regional WW'i'P
FLO141399
is to advisc you of possible violations of la,.,,' fi~r which you may
our cooperation in resolving ~hc matte,_ A review of'~hc above
:h~l violations nfFlorida Statule,, (F.S.) and Rulcs may exist at
observed the following:
ith the facility's operating persotmel indicated that
neet}nS the reuse clTluenI quality in Fcbma~ due to the
ic overload at the facihty. Thc hydraulic surges al your
~actcd the op~ation of thc clarifier and t~ lilt~s resulting m
equately treated wastcwaler onto adjacent groumt sttr~accs
~ons. Florida Administralive Code Rule 62.
case or disposal of excreta, sewage, or other waslcwalers or
,'~tC:'- '4 I .4* ,~,.,, ,~,.~J~
, enLt:a.s .... h ....pray}dbms prepm ....... ' ....... * ;'
I dunng the Department's l]¢ld inspection and any aclivily al thc
:lng"' to violations of the above described statutes and rulcs should be
thc l~,cili~y in violation of state .statutes or rules may result itl
m~-ation, and the,judicial imposition of civil penalties Lip to
nt to Sections 403.141 and 4(}3.161, F.S.
"More Pr,)re~ t ut, Less Process"
0ct-25-02 02: 16P Collier County Public Wks P.03
/' > Completion of 5
further commitm,
J > Completion ofp~
,/ > Execution of ap[
.,. ~, Successful re-fa
10 MGD (DEP
,-/ ~- Construction of
J' > Wastewater ma
> Further commitr
.,~i~;~ Monetary penal1
accept in-kind
> Penally for faitul
immediate cess
DEP Meeting of 3/27/01
I~roposed Consent Order Items
/IGD expansion of North WRF by 12/01/01 (requires
.,nt from contractor)
rmanent or temporary north/south plant interconnect by
roved city/county interconnect
eof permitted capacity at the South WRF from 8 MGD to
~sent on permit pdor to consent order execution)
qualization tank(s) at NoAh WRF by 11/01/02
iter plan update due to DEP 10/01/01
~ents to next NoAh and South WRF expansions
Y for prior incidents to be determined, recommendation to
~rvice, asking BCC authorization NTE $200,000
e,to meet 12t01/01 deadlines: $10,000 per day and
itlon of issuance of certificates of completion
0ct-25-02 02:16P Collier County Public Wks P.04
Cc~llier Coonty Sca'er I)istri
Fcbrm~y 21. ?.00l
Page ~1Wo
Ple. asc conlact Kcith R
within 15 da?~ of receipt of
Dcpartment is interested in
whcthcr any violations haw
feet could hc[p resolve lhis
lefinmmm al (941) 332-6975 ext. 182 or at fl~c lclterhead address
his Warning Letter to arrange a m~ting to di~uss this matter. Tl~e
:wewing any Ihcts you may have that will assist in determining
O~cu~cd You may bring anyone wilh you to the meeting that you
a~tcr.
PLEAS;i:! BE .ADVISED that this Warning I,ettcr is a part of an ageucy investigation,
preliminary to agency actior~ln accordance with Section 120.57(5), F.S. We look fi)rwal'd to
your coopcralion in compl<t~n$ thc investigation and resolution °fthis matter
RWC/K K/cap
Sincerely,
Richard W, Cantre;I
Director of
District M,'u~agea~ellt
0ct-25-02 02: 16P Collier County Public Wks P.05
Jeb Bush
Department of
Env!ronmental Protection
South District
P.O. Box 2549
Fort. Myers. Ftoricla 33902-Z549
March 19, 2001
James W. Mudd
Collier Cotmty Board of
County Commissioners
3301 Easl famiami l'raiJ
Naples, fl 34112
Dear Mr. Mudd'
According to ,:mr records
cnvirmm~emal pt'qiect th~
report by J Linc :3 O, 2001.
has been compk:~cxt, plea
If you have an:~ que.~tionl
or write to thc Ic,tlerhead
PAB/CE/se
cc: Thma~as Ollilt'
Collier County - HW
Collier Co~mty Reg?:ma!
Treatment North Plaint
OGC File No.: 00-095 l-I I-HW
Southwest Coasl EMA
three months remain to cumplete the supplemental
is required by the lefemnccd cunsent {rider. Please provide a
~la~wing documentation tha! thc project is complete. If thc work
sc forward the rep~m t, the Department as soon as possible.
;, feel fi'ee to direct them to Charles Emery III at (94 !) 332-6975
address. Thank you iht your cooperation.
Sincerely,
_.,.2..'... .. -" ',-, -- c ..
Philip A. Barbaccia
Envir,,mme::ta[ AdminisImt(,r
David R Struh$
Jeb Bush
Governor
Cell ier County Public Wks P.06
I Department of .
Environmental ProtectiorU
CERTIFIED MAll, NO. 70
RETURN RECEIPT REOI
James D. Caner, Ph.D., Ch~
Collier County Board of Ce
3301 E. Tamiami Trail
Naples, Florida 34112
Dear Dr. Carter.
Enclosed is thc Cease
and return it to the Deparlm
lfyou have any ques
Your cooperation in resolvi
RWC/KK/cap
Enclosure
P.O. Box 2549
Fort. Plyers, Florida 33902.2549
cc: James Mudd d
April 5, 2001
)0 1670 0005 5300 4745
ElaTED
irman
~nLy Commissioners
Re!
County - DW
OGC Case No. 01-0S52-1 i-DW
Collier County North Regional
FL0141399
nt Order to resolve the above referenced case. Please sign this copy
.~nt within fifteen ( l 5) days.
liens please contact Keith Kleinmann at (941) 332-6975, ext. 182.
~g this case is appreciated
Sincerely,
Richard W, Cantrell
Director of
District Management
"More Protection, Lo.~ Process"
BEFORE THE STATE OF FLORID,a
DEPARTMENT OF ENVIRONMENTAL PRO' 'ECTION
STATE OF FLORIDA DEPARTMENT ) {N THE OFFICE OF THE
OF ENVIRONMENTAL PROTECTION, ) SOU'II-I DISTRICT
)
Complainant, )
) OGC Iq, SE NO, 01-0552-1 l-I)W
)
COLLIER COUNTY BOARD OF )
COUNTY COMMISSIONERS, )
)
)
Respondent. )
_)
CONSENT ORDER
This Conscnt Order is entered into betwcen thc Sta~ of Florida l)epartment of
Environmental Protection ("Department") and Collier Board ~£ County CT~'nnmissioners
("Respondent") to reach settlement of certain matters at issuc lb :cweea the Department and
Respondent.
Thc Department finds and the Respondent admits the follo~ ~ng:
1. Thc Depa~m~nt ~s ibc admini$~ative agency of the S~at~ ol Florida having
power and duty to protecg Florida~s air and waler resources and~ admini~tc~ and cntorcc
provisions of Chapter ~03, Florida Stam1~s, and the r~Ies promu ~ated fl~cremMer, Titl~ 62,
~orida Adminisirativc Code. The D~pa~m~nt ha~ ~arisdiction o~ ~r the ma~crs addressed in
~h~s Cons~nt Order.
2. R~ondc~ is a ~o~ within ~e m~anin~ of ~cfion ~03.0~q~5)~ Florida
S~amtes.
3. Respo~ent is thc ow~r a~ ~ ~s~e for. ~e o~ion of ~h~
County North Regional Water Rcclama~n Faciliiy, an 8.5 mfl~ on ~allons pcr ~y (MGD)
a~ual average daily flow (AADF) activated sludg~ process ~s~ewa~er ~rea~mcm facility
("North FacilRy") with chlorinated effiueni to ~wo C~ss I injecl~ w~lls ioc~l~ at the Cnllier
LO'd s~M ~[ lqnd £]unoD ~[ llOD dL[ :~O ZO-~-~O
County No,qb Walcr Treatment Plant, a Regional Reuse System,
the Palm River Canal which discharges to fl~e Cocohatche~
located at Latitude 26" 15' 12" N, Longi~de 81" 45' 26" W, Coil
Respondent is also the owner and is responsible for the operation
Regional Water Reclamation Facility, an 8 MGD AADF modifi¢
wastewater treatment facility (South Facility) with chlorinated
system and a Class I in.~ection well. The South Facility is locate~
Longitude 81 ° 43' 30" W, Collier County, Naples, Florida.
4. Respondcn[ violated Florida Administrative Code
62-600.740(2)(a) which prohibits the release or disposal of
wastewaters or domestic wastewater residuals without providing
Rule 62-600.410(6) which requires that all facilities and equipment
reuse, and disposal of domestic wastewater or domestic wa
maintained at a minimum, so as to function as intended, on
February 7, 1~,, 15, 19(x2), 20, 21, 27, and 28, 2001; March
reported to the Department that overflows of partially treated wa
North Facility due to hydraulic surges.
5. Having reached a resolution of thc matter, the De
mutually agree and it is
ORDERED:
6. R~p~ndent shall submit Form 62-620.910(12),
Construction tot Wastewater Facilities or Activities", for the 5
Facility and place the I~cility into operation by December 1, 20011.
7. Respondent shall ensure that at least halt' of the
for the 5 MGD expansion to the North Facility is available for tip
1, 2001. Respondent shall submit a certification of completion of
basins by December 1, 2001.
.nd intermitten! discharge to
~er. The North Facility is
[ex County. Naples. Florida.
of the C~llier County South
d Ludzack Euinger process
~ffluent to a regional reuse
at Latitude 26° 05' 30" N,
A.C.) Rule
excreta, sewage, or other
roper tream~ct~t and F.A.C.
necessary fi~r the treatment,
tewater residuals shall be
lanuary 26, and 28, 2001;
,nd 3, 2001 the Respondent
tewater had occurred at the
fftment and thc Respondent
~tification ~ff Completion pt
GD cxpansitm to the North
,acity of the aeration basins
equalization by December
:onstructhm for the aeration
~O'd sH~ 3~Lqnd £3uno3 ~ LLOD dZ[ :~0 ~0-§~-130
8. Respondent shall submit an application for modffi,
(including appropriate fees, if necessary) to ensure that the expans
adequate effluent disposal capacity. This application shall be sulfa
of the date of this Consent Order.
9. Respondent shall submit an application for modifi
(including appropriate fees, if necessary) to incorporate sccondaiy
injection wells at the North County Water Treatment Plant
application shall include appropriate protocols to ensure that reclai
disinfected. Thc application shall be submitted to tbe Department
date-of this Consent Order. Any construction necessary shall be
:1001.
10. Respondent shall submit an application for modilq~
(including appropriate fees, if necessary) for a temporary intercon~
between the North Facility and the South Facility. The applicaii(
Department within sixty (60) days of the date pt' this Consent O
include provisions for disposal of a portion of the North FacilJ
:ation pi-thc North Facility
on to the North Facility has
titled within sixty (60) days
:ation oI' thc North Facility
effluent di.,,posal via Class I
the South Facility. The
acd water lines arc properly
dthin sixty (60) days of thc
:ompteted by December 1,
ation of thc North Facility
cci of reclaimed water lines
n shall bc submitted 'to the
der. This application shall
fs effluent in the Class I
injection well at the South Facility. Any construction necels:!ry ,~hall be completed by
December 1, 2001. . ' 1
11. Respondent shall submit an application for modification o1' ~he North Facility
(including appropriate fees, if necessary) to install adequately de$il
tanks at the Noah Facility within sixty (60) days of the date of thi~
12. Resp~mdent shall complete the construction of the. f
referenced above by November I, 2002.
13. Respondent shall submit a comprehensive revie~
collection system ami thcility capacities, The review shall inck
analysis of the Respondent's currently allocated flows, existing
flows. This analysis shall be performed using accepted engineer
3
ned flow equalization/surge
Consent Order.
~w equalization/surge lanks
ff the Respondent's current
Je but not be limited to an
lows and future wastewater
ag principles. The analysis
60'd s~R ~LLqnd £~uno~ ~LLLOD dL[:gO ~0-§~-330
shall be signed and sealed by a professional engineer registered
comprehensive analysis shall be submitted ro thc Department b '
y~C
shall also submit annual capacity analysis reports for both facilide
lasting until July 1, 2005.
14. Respondent shall submit an application and apprOlh
at least 10 MGD ^rmual ^vcragc Daily Flow (AADF) to the
shall bc designed based on maximum monthly daily flow (MMDF
thc facility a total capacity of 30.6 MGD MMDF. Thc applic.at
Department by January 16, 2002. The application shall
professional engineer registered in the State of Florida.
incomplete, within 30 days of receipt of a request for additions1
application, Respondent shall ensure that the information is sut
completion of conslruction as authorized by the construction pe~:
the appropriate Notification of Completion of Construction sig~nt
engineer. It' the Respondent is unable or unwilling to construca
treatment and disposal system as provided m this paragraph, the:,
to seek other relict' to require the Respondent to comply with its r
Is. Respondent shall certify the expansion to the lq
paragraph 14 above, complete and place the expanded facility in'
2005.
t6. Respondent shall complete an expansion of th~
maximum monthly flow by November 1, 2003.
17. Respondent shall ctL~ure that modifications to tile
temporary connections to the South Facility do not cause violatiot
South Facility. In the event that thc South Facility is unable to
due to contributions from the North Facilily thc Department shall
accordance with paragraph 21, below.
in the State ~ff Florida. The
etober 1, 2001. Respondent
beginning_ July 1, 2002 and
ate fees 10r an expansion of
rth Facility. The expansion
The modification will give
)n slmll be submitted to the
prepared and sealed by a
l~e event: the application is
information lo complete the
mitted. Within 30 days of
tit, Respondent shall submit
ri and scaled by the project
modification of the plant's
:partment reserves ihe right
les and permits.
}rth Facility, referenced in
c~ operation by January 1,
!outh Facility to t6 MGD
North Facilily that include
s of Department rules at the
~mply with Department rules
assess slipulalcd penalties in
O[ 'd
sH~ ~[Lqnd ~luno3 ~OLLLOD dZr :ZO ZO-~Z-~O
18. Every calendar quarter after the effective d~t~
Respondent shall submit in writing to the Department a
concerning the status and progress of projects being completed
information as to compliance or noncompliance with U~¢ appl
Consent Order including con~truction requirement~ and eftlucnt
for noncompliance. Such reports shall also include a projection1
pursuant to this Consent Order during the following 12 month'~i
submitted to the Department within thicty (30) days following the.
19. In thc event of a sate or conveyance of the facility o
the facility is located, it' all of the requiremertts of this Consen~
sati.~fied, Respondent shall, at least 30 days prior to the sale or
facility, (1) notify the Department of such sale or conveyance,
address of tile purchaser, or operator, or person(s) in control ofifl
copy of this Consent Order with all attachments to the new owner
the facility, or thc property upon which the facility is located shal
of the obligations imposed in this Consent Order.
20. Within thirty 30 days of the effective date
Respondent shall pay the Department $160,000.00 in settlement'.ff,
this Consem Orcler. This amount includes $139,000.00 in civil ~e~
of Section 403.161, Florida Statutes, and of the Department's ruli:.~
benefit, and $5000.00 for costs and expenses incurred by the De~a'
investigath~n of this matter and the preparation and tracking of this
shall be made by cashier's check or money order. The instrument
"Department of Envjronmemal Protection" and shall include theVe~
assigned to this Consent Order and the notation "Ecosystem Mare,
Trust Fund". 'fhe Respondent, however, may elect to satisfy the
amount ors ! 55,000.00 by pertbrming in-kind services in aq amoqn!
of this Consent Order,
orr containing information
under this Consent Order,
[cable requirements of this
imitations, and any reasons
~f the work to be performed
.~riod. The reports shall be
nd of the quarter.
of the property upon which
Order have not been fiflly
nveyance of the property or
(2) provide the name and
e facility, and (3) provide a
The sale or conveyance of
not rcheve the Respondent
this Consent Order,
the matters addressed in
alties for alleged violations
$25,000.00 for economic
:ment during the
Con<hr Order. Payment
~hall he made payable to the
n the OGC number
ement at~l Re,oration
~ed-upon civil penalty
equal to oue and one-halt'
IT'd sH~ ~Lqnd £~uno3 ~LLOD dgT:ZO
times the civil pemaity amount, or $232,500.00. A proposal tbr tN
submitted to the Department within thirly (30) days of entry of thi:
kind proposal is not approved by thc Secretary oflhe I eparlment,
Department $160,000.00 within twenty (20) days of being notified
kind proposal is approved, the Respondent shall pay costs owed to
within twenty (20) days of being notified by the Department. Pay?
cashier's check or money order. The instrument shall bc made paY*l
Environmental Protection" and shall include thereon the OGC nurse.
Order m~d the notation "Ecosystem Management and Restoration
21. Respondent agrees to pay the Department stipulaie
$10,000.00 per day for each and every day Respondent fails to
requirements of Paragraph 6,7 and 17 of this Consent Order_
Department stipulated penalties in the amount or' $2500.00 per
Respondent fails lo timely comply with any of the requirement:
Consent Order. Respondent agrees to pay the Department stipul!t~
$100.00 per day for each and every day Respondent fails to t~
requirements of Paragraphs 13-20 of this Consent Order. A sepa. r~
assessed for each violation of this Consent Order. Within 30 da~,s
Department, Respondent shall make payment of the appropriate
Department of Environmental Protection*' by cashier's check orm
thereon the OGC number assigned 1o this Consent Order in
Managemen~ and Restoration Trust Fund." Payment shall Ne
Enviromnenml Protection, P.O. Bo, 2549 Fort Myers, Florida ~3
may make demands for paymera at any time after violatkms occur
shall prevent the Department from filing suit to s[:~.cifically enfar~
Order. Any penalties assessed under this Paragraph shall be in Sd
agreed to in Paragraph 20 of this Consent Order. If the Del}a~
s~ ~Lqnd £~unoD ae
n-kind service shall be
Consent Order. lfthe in-
.'spondem shall pay the
~y the Department. Il'the in-
tc Depamncnt ($$000.00)
ent shall be made by
le to the "Department of
er assigned to this Consent
tst Fund".
penalties in the amount of
rely comply with any of the
~spondent agrees to pay the
}lay for each and every day
of Paragraph 8-12 of this
penalties in the amount of
ely comply with any or the
~te stipulated penalty shall be
of written demand from the
stipulated penalties to "The
~ney order and shall include
the notation "Ecosystem
;ent to the Department of
902-2549. The Department
Nothing in this Paragraph
any terms of this Consent
'Jition to the settlement sum
· txnent is required to file a
LLOD d~l:gO ZO-~Z-~aO
lawsuit to recover stipulated penalties under this Paragraph,!
foreclosed from seeking civil penalties for violations of this
greater than the stipulated penalties due under ~ Paragraph.
22. If any event, including administrative or judicial
unrelated to thc Respondent, occurs which causes de~ay or the
in complying with thc requirements of this Consent Order, ResPt
of proving the delay was or will be caused by circumstances be~,c
the Respondent and could not have been or cannot be overcome bY
Economic circumstanccs shall not be considered circumsta~c
Respondent, nor shall the failure of a contractor, subcontractor,
(collectively referred to as "contractor") to whom responsibility
to meet contractually imposed deadlines be a cause beyond the c
the cause of thc contractor's late pertbrmance was also beyond t~e
occurrence of an event causing delay, or upon becoming awar
Respondent shall noti~ the Department orally within 24 hours o~
shall, within seven calendar days of oral notification to the Depar:
in writing of the anticipated length and cause of the delay, the mCa:
prevent or minimize the delay and the timetable by which Res$o
these measures, ff the parties can agree that the delay or anticipat~
caused by circumstances beyond the reasonable control o~
performance l~creunder shall be extended for a period equal to the
sucl~ circumstatw, cs. Such agreement shall adopt alt reasonable
minimize delay. Failure of Respondent to comply with the!
Paragraph in a timely manner shall constitute a waiver of Re.q~
extension of time for compliance with the requirements of this Coia~
23. Persons who are not parties to this Consent
interests are affected by this Consent Order, have a right, pursl~a
sH~ o~Lqnd ~uno3 ~
ae Department will not be
:mscm Order in an amount
challenges by third parties
sortable likelihood of delay,
ndent shall have thc burden
ad the reasonable control of
Respondcnt's due diligence.
:s beyond thc control of
materialman or other agent
~r performance is delegated
ntrol of Rc?~pondent, unless
contractor's comrol. Upon
of a potential for delay,
the next working day and
nent, notify the Department
~ures taken or to be taken to.
ndent intends to implement
;d delay has been or will bc
?,espondent, ~he time for
~greed delay resulting from
sures necessary to avoid or
otice requirements of this
adent's right to request an
ent Order_
:er, bul whose substantial
~t to Section~ 120.569 and
lLO~ d~r:ZO
120.57, Florida Statutes, to petition for an administrative hea[i~ g on it. Thu Petition must
contain the information set forth below and must be filed (reccive~l) at the Department's Office
of General Counsel, 3900 Commonwealth Boulevard, MS,{ :35, Tailahasse¢, Florida
32399-3000 within 21 days of receipt of this notice. A copY, :ff the Petition must also be
mailed at thc time of filing to the District Office named above a¢ tte address indicated. Failure
to file a petition within the 21 days constitutes a waiver of ariy! right such person has to an
administrative hearing pursuant to Sections 120.569 and 120.57,: 1~ [orida Statules.
The petition shall contain the following information:
(a) The name, address, and telephone nmnher of each petitioqe:
Order identification number and the counD, in which the subjeat
(b) A statement of how and. when each petitioner received notice
statement or' how each petitioner's substantial interests are affedte
A statement of the material facts disputed by petitioner, if any; ~(¢
petitioner contends warrant reversal or modification of the Cor'4sc
which rules or statutes petitioner contends require reversal or
Order; (g) A statement of the relief sought by petitioner, stating I
wants the Department to take with respect to the Consent Order.
If a petition is filed, the administrative hearing process ia ¢ ~signed to 10nnulate agency
action. Accordingly. the Department's final action may be diffe!eltt from the position taken by
it in this Notice. Persons whose substantial interests will be afl,,ted by any decision of the
Department with regard to the subject Consent Order have theiright to petition to become a
party to the proceeding. The petition must conlbrm to the tequi!et
filed (received) within 21 days of receipt of this notice in the Oifi~
above address of the Department. Failure to petition within the ali
a waiver of any right such person has to request a hearing undeL S,
Florida Statutes, and to participate as a party to this proceeding.i
8
the Department's Consent
tatter or activity is located;
~f the Consem Order; (c) A
by the Consem Order; (d)
A statement of thcts which
m Order; (t'} A statement of
imdification of thc Consent
rcciscly the action petitioner
aents specified above and be
:e of Get,oral Counsel at the
owed time frame constitutes
~ctions 120.569 and 120.57,
~.ny subsequent intervention
~H~ ~LLqnd ~luno3 ~LLLOD d~I:ZO ~O-5~-~DO
will only be at the approval of the presiding officer upon motto
106.205, Florida Administrative Code.
A person whose substantial interests are affected by thc Co
timely petition for an administrative hearing under Sections 120.$(
Statutes, or may choose to pursue mediation as an alternative rerlle
Elorida Statutes, before the deadline for filing a petition. Choos~n
adversely affect the right to a hearing if mediation does not resuli
procedures for pursuing mediation are set forth below.
Mediation may only take place if the Department and all ~h
agree that mediation is appropriate. A person may pursue media~k
filed pursuant to Rule 28-
;ent Order may file a
and 120.37, Florida
~y under Section 120.573,
mediation will not
a settlement. The
parties to Ihe proceeding
n by reaching a mediation
agreement with ail parties to the proceeding (which include the *eSpondcm, the Department,
and any person who has fi{ed a timely and sufficien! petition for ~ )earing) and by showing
how the substantial interests of each mediating party are affected lb the Consent Order. The
agreemen[ mum be filed in (received by) the Office of General (2/)~ ,scl .of the Department at
3900 Commonwealth Boulevard, MS #35, Tailal~asse. e, Florida 3~2~99-3000, within l0 days
after the deadline as set forth above for the filing of a petition,
The agreement to mediate must include lhe following:
(a) The names, addresses, and telephone numbers of any ~ ~rsons who may attend the
mediation; ::
(b) The name, address, and telephone number of the me~a or selected by the parties,
or a provision lbr selecting a mediator within a specified time;
(c) Thc agreed allocation of the costs and fees associated ~ th the mediation;
(d) The ago'cement of the parties on the confidentiality of~J scussion.~ and documents
introduced during mediation;
(e) The date, time, and place of the first mediation sessiob or a deadline fi)r holding
the first session, if no mediator has yet been chosen;
S['d s~ ~Lqnd ~3uno3 ~LLOD d6r :zo zo-~z-gDo
(fl The name of each party's representative who shall hagc authority to settle or
recommend settlement; and
(g) Either an explanation of how thc substantial interests 0! each mediating party will
he affected by the action or propo.qed action addressed in this notto
clearly identifying the petition for hearing that each party has alr~ta~
it by reference.
th) The signatures of all parties or their authorized repre~eJ
As provided in Section 120.573, Florida Statutes, the tim~l,
mediate will toll the time limitations imposed by Sections 120.569
Statutes, for requesting and holding an administrative hearing.
thc parties, thc mediation must be concluded within sixty days ofltl~
agreement. If mediation results in settlement of the administrative
must enter a final order incorporating the agreement of thc pattiei.
interests will be affected by such a modified final decision of the D
petition for a hearing only in accordance with the requirements f0il'
above, and must therefore file their petitions within 21 days of re~x
mediation terminates without settlement of the dispute, the Depar~r~
in writing that the administrative hearing processes under Sectmn$
Florida Statutes, remain available for disposition of the dispute,
deadlines that then will apply for challenging the agency action a~ld
those two statutes.
24. Respondent shall allow all authorized representativ~:s
to the property and facility at reasonable Times for the purpose of
the terms of this C~sent Order and the rules and statutes of the
25. All submittals and payrr~nts required by this Con, et
the Department shall bc sent to the Florida Department of Enviro~u~
2549 Fort Myers, Florida 33902-2549.
l0
of intent or a statement
Y filed, and incorporating
tatives.
agreement ot' all parties to
nd 120.57, Florida
ess otherwise agreed by
e execution of tile
lispute, thc Department
'Persons whose substantial
~partment have a right to
~uch petitions ~et forth
x of this notice. If
~nt shall notify all parties
.20.569 and 120.57,
the notice will specify the
:leering remedies under
of the Department access
terminmg cmnpliance with
~artment.
Order to be submitted to
~ental Protection. P.O. Box
9I'd sHR ;[Lqnd X~uno3 ~[ttoD d6I:gO ~0-~-~;0
26. This Consent Order is a settlement of thc Departsb(
authority arising under Florida law to resolve the matters ad'Ir
Order is not a settlement of any criminal Iiabilities which may arise
a settlement of any violation which may be prosecuted criminally!o
27. The Department hereby expressly reserves the rig,hr
action to prevent or prohibit any violations of applicable statule,,
thereunder that arc not specifically addressed by the terms of this iC
28. The terms and conditions set forth in this Conseni
court of competent jurisdiction pursuant to Sections 120.69 arid
Failure to comply with thc terms of this Consent Order shall
403.161(1 )(b), Florida Statutes.
29. The Department, for and in consideration o~ the complete and timely
performance by Respondent of thc obligations agreed to in this (~c ~sent Order, hereby waives
its right to seek judicial imposition of damages or civil penalties ~t~ alleged violations through
thc date of the filing of this Consent Order as addressed in this C~ni ent Order.
30. Respondent is fully aware that a violation of the itt rms of this Consent Order
may subject Respondent to judicial imposition of damages, civil l:~e: ~ allies up to $10.000_00 pet'
day per violation, and criminal penalties.
31. Entry of this Consent Order does not relieve Resp~r lent of the need to comply
with applicable federal, state or local laws, regulations or ordinan~:e
32, No modifications of thc terms of this Consent (jrt ~r shall be ettective until
reduced to writing and executed by both Respondent and the DepOt sent.
33. Respondent acknowledges and waives its right ~ an administrative hearing
pursuant to Sections 120.569 and 120.57, Florida Stalutes, on the te :ms of this Ctm~ent Order.
Respondent acknowledges its right to appeal the terms of this! onsent Order pursuant to
Section 120.68, Florida Statutes, and waives that right upon signir~ ithis Consent Order.
at's civil and administrative
;ssed herein. This Consent
under Florida law, nor is it
civilly under federal law.
to initiate appropriate legal
or the rules promulgated
,nsent Order.
)rder may be enforced in a
403.121, Florida Statutes.
titute a vmlat~on of Section
s~g o[Lqnd £1uno3 ~[LLOD df[:gO ~O-~-~O
34. This Consent Order is a final order of thc Departnle~
I20.52(7), Florida Statutes, and it is final and effective on the dale
Department unless a Petition for Administrative Hearing is filed ~
120, Florida Statutes. Upon the timely filing of a petition this Cdn:
effective until further order of the Deparnnent.
FOR THE RE~;[
DATE James O. Cart¢r~
Collier Countyi Iq
Commissioner~
DONE AND ORDERED this day of
_, Florida.
ill
STATE OF FL{9
OF ENVIRONM''
Richard W.
Director of
District Ma~ta'
12
~t pursuant to Section
filed with the Clerk of the
tccordance with Chapter
em Order will not be
ONDENT:
Ph-~., Cha~nan
)ard of Cour~y
,2(DI.
~dDA DEPARTMENT
:-.NTAL PROTI:CTION
intrell
ument
~I'd s~fl ;gLqnd £~uno3 ~LLLOD dOZ:ZO
RESOLUTION 2001-99 NOT RECEIVED IN
CLERK TO THE BOARD OFFICE
AS OF APRIL 28, 2003