Backup Documents 08/08/2023 Item #16B 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 3
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.
** 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 Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. (Enter your Dept here)
3. County Attorney Office County Attorney Office 31(141P 3131z,
4. BCC Office Board of County RL by MB
Commissioners [s] 7//7/Z 3
5. Minutes and Records Clerk of Court's Office y�� �^ �_��! 0� . )
PRIMARY CONTACT INFORMATION ' v t r ( l �/
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 Madison Bird Phone Number 2939
Contact/Department
Agenda Date Item was 8/8/23 Agenda Item Number 16.B.3
Approved by the BCC
Type of Document(s) Consent Agreement Number of Original
Attached Documents Attached
PO number or account * P(,«„s e. eiria:/ . Copy +v
number if document is , //
to be recorded Cavil Ot dices a (3e* 3,LssCn
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 signature?(stamped unless otherwise stated) MB
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information (Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legality. (All documents to be signed by MB
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 MB
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 MB
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 MB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is uploaded to the
agenda. 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_8/8/23_and all changes made during 7A is not
the meeting have been incorporated in the attached document. The County Attorney �L n option for
Office has reviewed the changes, if applicable. 1t4`(/7 this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made, and the document is ready for the an option for
Chairman's signature. .iklt9 this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05;11/30/12;4/22/16;9/10/21
1683
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:
1. 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
plugging 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
including 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 December 15,2024
abandonment of the ASR injection well system.
(G) The Respondent shall fully complete all work required and February 15,2025
submit a final report to the Department.
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.
8. 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/pay/.
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
for Administrative Hearing is filed in accordance with Chapter 120,F.S. Upon the timely filing of
a petition,this Consent Order will not be effective until further order of the Department.
20. Persons who are not parties to this Consent Order,but whose substantial interests are
affected by it,have a right to petition for an administrative hearing under sections 120.569 and
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.
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, lerk of Courts.
By: Al
- �3 823
,Deputy Clerk
Rick LoCastro, Chairman Date
Attest as to Chairman's Board of County Commissioners
signature only of Collier County, Florida
Approved as o f, . d l::ality:
0.
Jeffrey A.Kla kow,C I T'ty Attorney
[This portion intentionally left blank]
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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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