Agenda 08/08/2023 Item #16B3 (Florida Department of Environmental Protection Consent Order OGC Case No.23-0738)16.B.3
08/08/2023
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve the Florida Department of
Environmental Protection (FDEP) Consent Order OGC Case No. 23-0738 to reach settlement of matters
associated with a stormwater ASR well (Class V) at Freedom Park.
OBJECTIVE: To reach settlement of matters associated with a stormwater ASR well at Freedom Park.
CONSIDERATIONS: On June 10, 2008, the BCC approved Agenda Item 16131 "Recommendation to approve the
agreement for the Freedom Park (Gordon River Water Quality Park) Aquifer Storage and Recovery (ASR) Well
with the City of Naples. The purpose of the project was to construct an ASR "test" well to capture excess water
during wet season, inject it underground and recover it during the dry season to re -hydrate the surrounding wetlands
in addition to providing supplemental water for the City's reclaimed water program. Collier County owns the park
property but due to budgetary constraints did not intend to construct the well. The City of Naples provided
matching funds for a SFWMD grant to construct the well. With the County acting as permit holder, the City of
Naples agreed to provide engineering and construction oversight as well as compliance reporting. In 2010, after the
well was drilled, it was determined that hydrologic conditions were unfavorable for successful operation and
storage of stormwater and the well was never placed into operation. The permit was originally issued to the County
as they were deemed owner/operator of the park property on May 6, 2008. The permit was never renewed and
expired on May 5, 2013.
FDEP has determined that the County is in violation of Rule 62-528.307, F.A.C., as the operating permit was not
renewed. Additionally, a Class V well that no longer performs its intended purpose must be plugged and
abandoned. The County failed to apply for a plugging and abandonment permit in violation of Rule 62-528.625,
F.A.C. and Rule 62-528.645, F.A.C.
Staff proposes to comply with the corrective actions in the consent order, to plug and abandon the non-functioning
stormwater ASR well, including all appropriate and associated activities. The consent agreement requires that all
work be completed by February 15, 2025.
Additionally, this Consent Order requires payment to the FDEP in the amount of $12,018 for civil penalties and
costs.
Staff has reviewed and is in agreement with the terms of the Consent Order. Without approval, Collier County will
remain in violation and could be subject to further enforcement action by FDEP.
FISCAL IMPACT: The FDEP settlement fee will be paid from Stormwater Capital Improvement Fund (3050),
Project (60194) - Stormwater Maintenance Program.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To approve and authorize the Chairman to execute Florida Department of Environmental
Protection Consent Order OGC Case No. 23-0738 and direct the County Manager or designee, to proceed with the
associated activities necessary to satisfy the Consent Order.
Prepared by: Beth Johnssen, Director, CPP, IF & Program Management, TMSD
ATTACHMENT(S)
1. Freedom Park Consent Order - CAO stamped (PDF)
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16.B.3
08/08/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.3
Doc ID: 26146
Item Summary: Recommendation that the Board of County Commissioners approve the Florida Department of
Environmental Protection (FDEP) Consent Order OGC Case No. 23-0738 to reach settlement of matters associated
with a stormwater ASR well (Class V) at Freedom Park.
Meeting Date: 08/08/2023
Prepared by:
Title: — Capital Project Planning, Impact Fees, and Program Management
Name: Raquel Ovares
07/17/2023 4:52 PM
Submitted by:
Title: Division Director - Capital Proj Plan, Impact Fees — Capital Project Planning, Impact Fees, and Program
Management
Name: Beth Johnssen
07/17/2023 4:52 PM
Approved By:
Review:
Engineering and Project Management Benjamin Bullert Additional Reviewer
Growth Management Community Development Department Lisa Taylor
Transportation Management Services Department Jeanne Marcella
Department
Transportation Management Operations Support Tara Castillo
Engineering and Project Management Alicia Abbott Additional Reviewer
Engineering and Project Management Matthew McLean Additional Reviewer
Capital Project Planning, Impact Fees, and Program Management Beth Johnssen
Transportation Management Services Department Trinity Scott
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Community & Human Services
County Manager's Office
Board of County Commissioners
Jeffrey A. Klatzkow Level 2 Attorney Review
Debra Windsor Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Maggie Lopez Additional Reviewer
Amy Patterson Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed 07/17/2023 5:18 PM
Additional Reviewer Completed
07/18/2023 5:46 AM
Transportation Management Services
Completed 07/18/2023 8:26 AM
Additional Reviewer Completed
07/18/2023 9:20 AM
Completed 07/18/2023 3:39 PM
Completed 07/19/2023 8:43 AM
Additional Reviewer Completed
07/19/2023 9:07 AM
Transportation
Completed
07/24/2023 12:23
PM
Completed
07/26/2023 9:49 AM
Completed
07/24/2023 1:05 PM
Completed
07/26/2023 9:49 AM
Completed
07/31/2023 2:10 PM
Completed
08/02/2023 9:22 AM
08/08/2023 9:00 AM
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16.B.3.a
BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE OF FLORIDA DEPARTMENT ) IN THE OFFICE OF THE
OF ENVIRONMENTAL PROTECTION ) SOUTH DISTRICT
V. ) OGC FILE NO. 23-0738
COLLIER COUNTY )
CONSENT ORDER
This Consent Order (Order) is entered into between the State of Florida Department of
Environmental Protection (Department) and Collier County (Respondent) to reach settlement of
certain matters at issue between the Department and Respondent.
The Department finds and Respondent admits the following:
The Department is the administrative agency of the State of Florida having the
power and duty to protect Florida's air and water resources and to administer and enforce the
provisions of Chapter 403, Florida Statutes (F.S.), and the rules promulgated and authorized in
Title 62, Florida Administrative Code (F.A.C.). The Department has jurisdiction over the matters
addressed in this Order.
2. Respondent is a person within the meaning of Section 403.031(5), F.S.
3. Respondent is the owner and operator of the following facility: Gordon River
Class V Group 7 Aquifer Storage and Recovery (ASR) Injection Well system. The Facility is
operated under UIC Permit No. 262487-001-UC/5X. WACS ID: 98667, which was issued on
May 6, 2008, and expired on May 5, 2013. The ASR Injection Well is located at Goodlett Frank
Road and Golden Gate Parkway, Naples, FL 34104, in Collier County, Florida. Respondent
owns the Property on which the Facility is located.
4. The Department finds that the following violation(s) occurred:
(a) The permit expired on May 5, 2013, and was never renewed in violation of
Rule 62-528.307, F.A.C.
(b) A Class V well that no longer performs its intended purpose shall be
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plugged and abandoned. The Respondent never applied for a plugging and abandonment
permit in violation of Rule 62-528.625, F.A.C., and Rule 62-528.645, F.A.C.
Having reached a resolution of the matter, Respondent and the Department mutually agree,
and it is ORDERED:
5. Respondent shall comply with the following corrective actions within the stated time
periods:
(A) The Respondent shall obtain the professional services of a
consultant for the purposes of plugging and abandoning the ASR
May 15, 2023
injection well system.
(B) The Respondent shall submit to the Department the Permitting
and Design Services rendered by its consultant for the purposes of
February 15, 2024
lugging and abandoning the ASR injection well system.
(C) The Respondent shall initiate a bidding service to perform the
May 15, 2024
work identified in relation to item (B).
(D) The Respondent shall obtain approval from the Board of County
Commissioners to complete the necessary work identified in relation
June 15, 2024
to item (B).
August 15, 2023
(E) Respondent shall submit to the Department a written report
November 15, 2023
containing information about the status and progress of projects
being completed under this Order, information about compliance or
February 15, 2024
noncompliance with the applicable requirements of this Order,
May 15, 2024
' cluding construction requirements, and any reasons for
August 15, 2024
noncompliance. The Respondent shall submit the reports to the
Department within 30 days of the end of each quarter.
November 15, 2024
February 15, 2025
(F) The Respondent shall substantially complete the plugging and
abandonment of the ASR injection well system.
December 15, 2024
(G) The Respondent shall fully complete all work required and
submit a final report to the Department.
February 15, 2025
6. Notwithstanding the chronology described in the paragraphs above, Respondent
shall complete all corrective actions required by paragraph 5 on or before February 15, 2025,
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and be in full compliance with Rule 62-528, F.A.C., regardless of any intervening events or
alternative time frames imposed in this Order.
7. Within 30 days of the effective date of this Order, Respondent shall pay the
Department $12,018.00 in settlement of the regulatory matters addressed in this Order. This
amount includes $11,518.00 for civil penalties and $500.00 for costs and expenses incurred by the
Department during the investigation of this matter and the preparation and tracking of this Order
Respondent shall make all payments required by this Order by cashier's check,
money order or online payment. Cashier's check or money order shall be made payable to the
"Department of Environmental Protection" and shall include both the OGC number assigned
to this Order and the notation "Water Quality Assurance Trust Fund." Online payments by e-
check can be made via the DEP Business Portal at: http:/ /www.fldepportal.com/go/pa
The ability to make online payment will be available a number of days after this order is final,
effective and filed with the Clerk of the Department before.
9. Except as otherwise provided, all submittals and payments required by this
Order shall be sent to the Florida Department of Environmental Protection, South District
Office, P.O. Box 2549, Fort Myers, Florida, 33902-2549 or southdistrict@floridadep.gov.
10. Respondent shall allow all authorized representatives of the Department access
to the Facility and the Property at reasonable times for the purpose of determining
compliance with the terms of this Order and the rules and statutes administered by the
Department.
11. The Department, for and in consideration of the complete and timely performance
by Respondent of all the obligations agreed to in this Order, hereby conditionally waives its right
to seek judicial imposition of damages or civil penalties for the violations described above up to
the date of the filing of this Order. This waiver is conditioned upon Respondent's complete
compliance with all of the terms of this Order.
13. This Order is a settlement of the Department's civil and administrative authority
arising under Florida law to resolve the matters addressed herein. This Order is not a settlement
of any criminal liabilities which may arise under Florida law, nor is it a settlement of any violation
which may be prosecuted criminally or civilly under federal law. Entry of this Order does not
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relieve Respondent of the need to comply with applicable federal, state, or local laws, rules, or
ordinances.
14. The Department hereby expressly reserves the right to initiate appropriate legal
action to address any violations of statutes or rules administered by the Department that are not
specifically resolved by this Order.
15. Respondent is fully aware that a violation of the terms of this Order may subject
Respondent to judicial imposition of damages, civil penalties up to $15,000.00 per day per
violation, and criminal penalties.
16. Respondent acknowledges and waives its right to an administrative hearing
pursuant to sections 120.569 and 120.57, F.S., on the terms of this Order. Respondent also
acknowledges and waives its right to appeal the terms of this Order pursuant to section 120.68, F.S.
17. Electronic signatures or other versions of the parties' signatures, such as .pdf or
facsimile, shall be valid and have the same force and effect as originals. No modifications of the
terms of this Order will be effective until reduced to writing, executed by both Respondent and the
Department, and filed with the clerk of the Department.
18. The terms and conditions set forth in this Order may be enforced in a court of
competent jurisdiction pursuant to sections 120.69 and 403.121, F.S. Failure to comply with the
terms of this Order constitutes a violation of section 403.161(1)(b), F.S.14
19. This Consent Order is a final order of the Department pursuant to section 120.52(7),
F.S., and it is final and effective on the date filed with the Clerk of the Department unless a Petition 0
for Administrative Hearing is filed in accordance with Chapter 120, F.S. Upon the timely filing of
a
a petition, this Consent Order will not be effective until further order of the Department. E
0
20. Persons who are not parties to this Consent Order, but whose substantial interests are
a�
affected by it, have a right to petition for an administrative hearing under sections 120.569 and a_
120.57, Florida Statutes. Because the administrative hearing process is designed to formulate final
agency action, the filing of a petition concerning this Consent Order means that the Department's
final action may be different from the position it has taken in the Consent Order. a
The petition for an administrative hearing must contain all of the following information:
a) The OGC Number assigned to this Consent Order.
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b) The name, address, and telephone number of each petitioner; the name,
address, and telephone number of the petitioner's representative, if any,
which shall be the address for service purposes during the course of the
proceeding.
c) An explanation of how the petitioner's substantial interests will be affected by
the Consent Order.
d) A statement of when and how the petitioner received notice of the Consent Order
e) Either a statement of all material facts disputed by the petitioner or a statement
that the petitioner does not dispute any material facts.
f) A statement of the specific facts the petitioner contends warrant
reversal or modification of the Consent Order.
g) A statement of the rules or statutes the petitioner contends require
reversal or modification of the Consent Order; and
h) A statement of the relief sought by the petitioner, stating precisely the
action petitioner wishes the Department to take with respect to the
Consent Order.
The petition must be filed (received) at the Department's Office of General Counsel, 3900
Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 or received via
electronic correspondence at Agency_Clerk@floridadep.gov, within 21 days of receipt of this
notice. A copy of the petition must also be mailed at the time of filing to the South District Office,
Department of Environmental Protection, P.O. Box 2549, Fort Myers, Florida, 33902- 2549.
Failure to file a petition within the 21-day period constitutes a person's waiver of the right to
request an administrative hearing and to participate as a party to this proceeding under sections
120.569 and 120.57, Florida Statutes. Before the deadline for filing a petition, a person whose
substantial interests are affected by this Consent Order may choose to pursue mediation as an
alternative remedy under section 120.573, Florida Statutes. Choosing mediation will not
adversely affect such person's right to request an administrative hearing if mediation does not
result in a settlement. Additional information about mediation is provided in section 120.573,
Florida Statutes and Rule 62-110.106(12), Florida Administrative Code.
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21. Rules referenced in this Order are available at
http: / / www.dep.state.fl.us/legal/ Rules/rulelist.htm
ATTEST: FOR THE RESPONDENT:
Crystal K. Kinzel, Clerk of Courts
�-
,Deputy Clerk
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Rick LoCastro, Chairman
Board of County Commissioners
of Collier County, Florida
[This portion intentionally left blank.]
Date
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Please do not write below this line. For DEP use only.
DONE AND ORDERED this day of 2023, in
County, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Jennifer L. Carpenter
District of Director Management
South District Office
Department of Environmental Protection
Filed, on this date, pursuant to section 120.52, F.S., with the designated Department Clerk, receipt
of which is hereby acknowledged.
Clerk
Date
Copies furnished to: Lea Crandall, Agency Clerk, Mail Station 35
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