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BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT ) OF ENVIRONMENTAL PROTECTION ) V. ) INDIAN RIVER COUNTY, FLORIDA, ) A political subdivision of the State of Florida ) CONSENT ORDER IN THE OFFICE OF THE SOUTHEAST DISTRICT OGC FILE NO. 17-0072 This Consent Order ("Order") is entered into between the State of Florida Department of Environmental Protection ("Department') and Indian River County, Florida, a political subdivision of the State of Florida ("Respondent") to reach settlement of certain matters at issue between the Department and Respondent. The Department finds and Respondent neither admits nor denies 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 403.03 1(5), F.S. 3. Respondent is the owner and is responsible for the operation of the Indian River County Utilities West Regional Wastewater Treatment Plant ("Facility"), a 6.0 million gallons per day, "Bardenpho" process domestic wastewater treatment plant with disposal to the following permitted site designations: R-001, a created wetland treatment/reuse system; D-001, a surface water discharge from the created wetland treatment/reuse to the Lateral D Canal, Class III fresh Waters of the State; R-002, Part III public access reclaimed water for irrigation and industrial uses; and R-003, three on-site rapid infiltration basins. The Facility is operated under Department Wastewater Permit No. FL0041637-009 (attached and incorporated hereto as