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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