Backup Documents 10/14/2014 Item #12B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 12B
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is'already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK 10/20/14
4. BCC Office Board of County rC�
Commissioners \IAS S/ lc\ZAV\
5. Minutes and Records Clerk of Court's Office
MA) 014114
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Jeffrey A. Klatzkow,County Attorney Phone Number 252-8400
Contact/ Department
Agenda Date Item was 10/14/14 J Agenda Item Number 12-B
Approved by the BCC
Type of Document Stipulation-FDEP Number of Original One
Attached Documents Attached
PO number or account
number if document is N/A
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK-see
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. note
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing-slip JAK
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 10/14/14 and all changes made during JAK is not
the meeting have been incorporated in the attached document. The County option for
Attorney's Office has reviewed the changes,if applicable. ine.
9. Initials of attorney verifying that the attached document is the version approved by the JAK +- is not
BCC,all changes directed by the BCC have been made,and the document is ready for t e "
Chairman's signature. •
PLEASE ADVISE WHEN A CERTIFIED COPY OF FULLY EXECUTED - TEST "
DOCUMENT IS READY FOR PICK UP (Dinny 8066)
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
128
MEMORANDUM
Date: October 24, 2014
To: Dinny Neet, Paralegal/ Legal Assistant
County Attorney's Office
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: A Stipulation before the State of Florida Department of
Environmental Protection, Collier County and Collier County
Water-Sewer District
v.
Florida Department of Environmental Protection, and Dan A.
Hughes Company, L.P.
In the Division of Water Resource Management
OGC File No.: 14-0012
Attached for your records is a copy of the Certified Stipulation referenced above, (Item
#12B) adopted by the Board of County Commissioners on Tuesday, Octboer 14, 2014.
The original Resolution will be held in the Minutes and Records Department for
the Board's Official Record.
If you have any questions, please call me at 252-7240.
Thank you.
Attachment
1 2 13
STATE OF FLORIDA)
COUNTY OF COLLIER)
I , DWIGHT E . BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit , Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
A Stipulation before the State of Florida Department of
Environmental Protection,
Collier County and Collier County Water-Sewer District
v.
Florida Department of Environmental Protection, and Dan A.
Hughes Company L.P.
In the Division of Water Resource Management
OGC File No. : 14-0012
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of October, 2014 .
DWIGHT E . BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
•
•
By: Martha Veruara
Deputy Cle , k.
128
BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
COLLIER COUNTY and COLLIER IN THE DIVISION OF
COUNTY WATER-SEWER DISTRICT, WATER RESOURCE
MANAGEMENT
Petitioners,
OGC File No.: 14-0012
v.
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION, and DAN A. HUGHES COMPANY,
L.P.,
Respondents.
STIPULATION
This Stipulation is hereby entered by and between Collier County and the Collier County
Water-Sewer District, the Petitioners, and the Florida Department of Environmental Protection, a
Respondent, as of this 2J ickday of October, 2014.
In consideration of Petitioners withdrawing their Petition (June 12, 2014) and Amended
Petition (July 1, 2014), the Florida Department of Environmental Protection (hereinafter referred
to as "FDEP") hereby agrees as follows:
1. The commitments set forth in Secretary Vinyard's letter dated September 12, 2014 to
the Collier County Board of County Commissioners, a copy of which is attached as Exhibit A, are
hereby reaffirmed and incorporated by reference into this Stipulation as if fully set forth below.
2. One of the commitments in Secretary Vinyard's letter is that "[T]he Department will
seek additional legislative authority to further strengthen our existing oil program regulations.This
will include updating the current statutes to address new technologies and include greater
protections. The Department commits to work collaboratively with the County to address its
concerns as the legislative process moves forward." To clarify, FDEP confirms that this
commitment covers all current oil well technologies, including the activities, technologies and
processes engaged in by the Dan A. Hughes Company at the Collier-Hogan well site, including
but not limited to those commonly referred to by the public as "fracking" or"acid fracking."
3. With respect to Secretary Vinyard's commitment regarding Legislative and Regulatory
Actions, FDEP agrees that it will actively seek out, engage and work with all of the stakeholders
1
12B
in Collier County with respect to proposed legislative and regulatory changes, including but not
limited to Collier County, the Collier County Water-Sewer District, The Conservancy, Collier
Resources Company, as well as any other affected land owners.
4. Petitioners will file a Notice of Dismissal of their Petition within 5 business days of the
full execution of this stipulation.
IN WITNESS WHEREOF, the undersigned have executed this stipulation as of the date
first set forth above.
COLLIER COUNTY:
ATTEST:°V • '^d A BOARD OF COUNTY COMMISSIONERS
DWIGI=FI. ROCI(;C1l rk COLLIER COUNTY, FLORIDA
MJAL-- I 44.0%-.{
By: — '14,„ Pt5j .
,-Dept • TOM HE G, C • IRMAN
Attest as to Chair an
APPROVED OCTO:Dr/14, 2014
signature only.
AGENDA ITEM 12—B
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
—1(14,„„v—i(7.--4/
By:
Herschel T. Vinyard Jr.
Secretary
I
Approved a.'to, ►eland legality:
41111
Jeffrey A. r: •w
County Atto
1 "
2
128
EXHIBIT A
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ENVIRONMENTAL PROTECTION �u� r�l'I /-r \\
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haORO ► MARJORY STONEMAN DOUGLAS BUILDING I (,()%110,,,:,,
3900 COMMONWEALTH BOULEVARD
TALLAHASSEE,FLORIDA 32399-3000 !If I I \I\1 NRI))R
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September 12,2014
Collier County Board of Commissioners
3299 Tamiami Trail East
Suite 303
Naples, Florida 34112
Dear Collier County Commissioners:
It was a pleasure to be with you at this week's Collier County Commission meeting. I am
grateful for the opportunity the Commission afforded me to discuss all the actions that the
Florida Department of Environmental Protection (Department) is taking to protect the
families and incredible natural resources of Collier County. The issues that we discussed
regarding oil production and the protection of the groundwater resources are of the
utmost importance, and I appreciate the clear message that the Commission sent in its
desire to work collaboratively with the Department. I want nothing more than to work in
a transparent and open manner with you—our local partners—for the benefit of the
citizens and the environment.
As I relayed to the Commission,the Department has been hard at work over the summer,
taking action to hold Dan A. Hughes legally accountable, but we will not wait for the
outcome of that litigation to seek out and eliminate any threats to groundwater resources.
That is why the Department has already begun groundwater testing and investigation,
starting with the drilling of six shallow monitoring wells. The Department will also
undertake numerous additional protective measures at our own expense in the coming
months. As requested by the Commission, I would like to formally commit in writing to
the additional action items the Department will be taking to address the County's
concerns, pertaining both to the Collier-Hogan well and legislative and regulatory
proposals.
Actions to Address the Collier-Hogan Well
Later this month,the Department will install a 1,850 foot groundwater monitoring well to
the base of the"underground source of drinking water."The location of the deep well
will be downgradient of the Collier-Hogan well to be certain any contamination is
detected. Water quality testing in this deep well will be completed, and sampling lab
results will be released to the County and the public as soon as results are available.
st,rr, JI rct
128
Collier County Commissioners
Page 2
September 12,2014
Additionally,the Department will perform analysis of the flowback material produced at
the Collier-Hogan well, immediately upon obtaining adequate samples of the material.
The Department will use all legal means to obtain samples of the flowback material and
analysis of the materials from any available sources.The Department will also investigate
and address how Dan A. Hughes treated and disposed of the flowback material.
The Department is hiring a team of independent third-party experts—with no ties to the
Dan A. Hughes Company or Collier Resources Company—to assess the activities that
took place at the Collier-Hogan well and determine whether those activities present any
concern to the groundwater resources in Collier County. We will provide the County the
opportunity to consult with the Department on the selection of the third-party experts and
will ensure that the County's experts have the ability to collaborate with our experts in
this endeavor.
As part of the work of the third-party experts,the Department will require an analysis of
the two plugged wells nearby the Collier-Hogan well (Gulf Coast Realty Corporation C 1
Well, Permit Number 86 and Gulf Coast Realty Corporation E 1 Well,Permit Number
103).The analysis will include an assessment of whether the two wells could have been
affected by the Collier-Hogan well,whether they present any concern of contamination to
the underground source of drinking water and whether re-entering those old wells is
recommended.
If,at any time,contamination of groundwater is discovered related to the Collier-Hogan
well,the Department will seek full assessment and remediation of the contamination,as
required by its legal authorities to protect public or private water sources.
Legislative and Reaulatory Actions
The Department will seek additional legislative authority to further strengthen our
existing oil program regulations.This will include updating the current statutes to address
new technologies and include greater protections.The Department commits to work
collaboratively with the County to address its concerns as the legislative process moves
forward.
As part of this process,we will seek to increase the maximum penalty amounts available,
to ensure that energy companies like Dan A. Hughes Company will be deterred from
engaging in an unauthorized activity. We will seek greater authority from the Legislature
to consider operators' prior history of violations in other states as part of the
Department's permitting decisions. We will seek additional authority to require the latest
technology to conduct real-time well monitoring on a continuous basis for all active wells
in Florida. We will also seek to increase the current bond requirements for oil well
operators to make certain that, in the event of a spill,there is more than adequate funding
to perform complete cleanup and remediation activities.
128
Collier County Commissioners
Page 3
September 12,2014
Again,thank you for your support of the Department's efforts to protect our citizens.I
want to reiterate what I said at the Commission meeting—the Department will openly
support the County should it chose to join us in the litigation that is currently pending
against Dan A.Hughes;both our enforcement action in Collier County Circuit Court and
the permit revocation action in Tallahassee.I have extended the same offer to the
Conservancy of Southwest Florida, should it choose to participate in those actions.
I have a deep appreciation for the critical role local government plays in protecting the
health, safety and welfare of Florida's residents and the environment. I know by standing
together we will guarantee a safe,clean and abundant drinking water supply for Collier
County's families.
Sincerely,
.411:
Herschel T.Vinyard Jr.
Secretary
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