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2005-048
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2005-048
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Last modified
7/7/2016 11:43:18 AM
Creation date
9/30/2015 7:45:53 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/01/2005
Control Number
2005-048
Agenda Item Number
11.J.3
Entity Name
Florida Department of Environmental Protection
Subject
Resolution Agreement
Area
West Regional Wastewater Treatment Facility
Archived Roll/Disk#
4000
Supplemental fields
SmeadsoftID
3899
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(h) The signatures of all parties or their authorized representatives . <br /> As provided in Section 120 . 573 , Florida Statutes , the timely agreement of all parties to <br /> mediate will toll the time limitations imposed by Sections 120 . 569 and 120 . 57 , Florida Statutes , <br /> for requesting and holding an administrative hearing . Unless otherwise agreed by the parties , the <br /> mediation must be concluded within sixty days of the execution of the agreement . If mediation <br /> results in settlement of the administrative dispute, the Department must enter a final order <br /> incorporating the agreement of the parties . Persons whose substantial interests will be affected by <br /> such a modified final decision of the Department have a right to petition for a hearing only in <br /> accordance with the requirements for such petitions set forth above , and must therefore file their <br /> petitions within 21 days of receipt of this notice . If mediation terminates without settlement of the <br /> dispute , the Department shall notify all parties in writing that the administrative hearing processes <br /> under Sections 120 . 569 and 120 . 57 , Florida Statutes remain available for disposition of the <br /> dispute , and the notice will specify the deadlines that then will apply for challenging the agency <br /> action and electing remedies under those two statutes . <br /> 16 . Respondent shall allow all authorized representatives of the Department access to <br /> the property and facility at reasonable times for the purpose of determining compliance with the <br /> terms of this Resolution Agreement and the rules and statutes of the Department . <br /> 17 . All submittals and payments required by this Resolution Agreement to be submitted <br /> to the Department shall be sent to the Florida Department of Environmental Protection, Program <br /> Manager , Wastewater Compliance/Enforcement Section, 3319 Maguire Boulevard , Suite 232 , <br /> Orlando , Florida 32803 -3767 . <br /> 1$ . This Resolution Agreement is a settlement of the Department ' s civil and <br /> administrative authority arising under Florida law to resolve the matters addressed herein. This <br /> Resolution Agreement is not a settlement of any criminal liabilities which may arise under Florida <br /> law , nor is it a settlement of any violation which may be prosecuted criminally or civilly under <br /> federal law . <br /> 19 . The Department hereby expressly reserves the right to initiate appropriate legal <br /> action to prevent or prohibit any violations of applicable statutes , or the rules promulgated <br /> thereunder that are not specifically addressed by the terms of this Resolution Agreement , <br /> including but not limited to undisclosed releases , contamination or polluting conditions . <br /> 20 . The terms and conditions set forth in this Resolution Agreement may be enforced <br /> in a court of competent jurisdiction pursuant to Sections 120 . 69 and 403 . 121 , Florida Statutes . <br /> 9 of 11 OGC File No . 04- 1977 <br />
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