Laserfiche WebLink
i <br /> Indian River County <br /> Warning Letter No , OWL-WW-04_0020 <br /> Page 2 <br /> Section 403 , Florida Statutes , provides that: <br /> A. Florida Statutes, Chapter 403.1$1 Prohibitions, violations, Intent. ( 1 ) it shall bea <br /> violation of this chapter, and it shall be prohibited for an <br /> permit required by this chapter or by rule or regulation, or to vi ate erson * orr fall to To fall <br /> comply with any <br /> rule, regulation , order, permit, or certification adopted or issued by the Department pursuant. <br /> to its lawful. authority. <br /> Be Florida Administrative Code Rule 62-4.030 General Prohibition. Any stationary <br /> Installation which will reasonably be expected to be - a source of pollution shall not be <br /> operated, maintained , constructed, expanded, or modified without the 'appropriate and valid <br /> Permits Issued by the Department, unless the source is exempted by. Department rule: The <br /> Department may issue a permit only after It receives reasonable assurance that the <br /> installation will not "cause pollution in violation of any of the provisions of .Chapter 403 , F. S . , <br /> or the rules promulgated thereunder. A permitted Installation may only be operated, <br /> maintained, constructed , expanded or modified in a manner that Is consistent with the terms <br /> of the permit. <br /> The activities noted during the Department's file review and any other activities - at your facility that <br /> may be contributing to violations of the above described statutes or rules should be ceased. <br /> Operation of a facility in violation of state statutes or rules may result in the potential liability for <br /> 403. 141 and 403. 161 , Florida Statutes, e <br /> damages and restoration , and the judicial. Imposition of civil penalties, pursuant to Sctions <br /> You are requested to contact Clarence Anderson or Dana Bean of this office at (407) 853=3313 <br /> within 15 days of receipt of this Warning Letter to arrange . a meeting to discuss this matter. The <br /> Department is interested in reviewing any facts you may have that will assist in determining <br /> whether any violations have occurred. You may bring anyone with YOU to the meeting that you •feei <br /> could help . resolve this matter. The Department has tentatively calculated penalties for the <br /> violations addressed above and may discuss the penalties at the meeting. <br /> Please be advised that this Warning Letter is part of an agency Investigatiofi<;preliminary to agency <br /> action in accordance with Section 120: 57(4) , Florida Statutes . W& .1ook forward to your cooperation <br /> in completing the investigation and resolution of this matter. <br /> Sincerely, <br /> Vivian F. Ga in <br /> eWDirector, Central District <br /> VFG/ca <br /> Dat .Pee <br /> _ od- . <br /> cc: Indian River County Health Department <br /> DEP/Tallahassee , Attn . : David O'Brien <br /> DW Permitting Section <br /> D. E . P . - ORLANDO <br /> EXHIBIT NO . 1 <br />