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BEFORE THE STATE OF FLORIDA <br /> DEPARTMENT OF ENVIRONMENTAL PROTECTION <br /> STATE OF FLORIDA DEPARTMENT ) IN THE OFFICE OF THE <br /> OF ENVIRONMENTAL PROTECTION ) SOUTHEAST DISTRICT <br /> V. ) OGC FILE NO. 17-0072 <br /> INDIAN RIVER COUNTY, FLORIDA, ) <br /> A political subdivision of the State of Florida ) <br /> CONSENT ORDER <br /> This Consent Order("Order") is entered into between the State of Florida Department of <br /> Environmental Protection ("Department') and Indian River County, Florida, a political <br /> subdivision of the State of Florida ("Respondent") to reach settlement of certain matters at issue <br /> between the Department and Respondent. <br /> The Department finds and Respondent neither admits nor denies the following: <br /> 1. The Department is the administrative agency of the State of Florida having the <br /> power and duty to protect Florida's air and water resources and to administer and enforce the <br /> provisions of Chapter 403, Florida Statutes ("F.S."), and the rules promulgated and authorized in <br /> Title 62, Florida Administrative Code ("F.A.C."). The Department has jurisdiction over the <br /> matters addressed in this Order. <br /> 2. Respondent is a person within the meaning of Section 403.03 1(5), F.S. <br /> 3. Respondent is the owner and is responsible for the operation of the Indian River <br /> County Utilities West Regional Wastewater Treatment Plant ("Facility"), a 6.0 million gallons <br /> per day, "Bardenpho" process domestic wastewater treatment plant with disposal to the <br /> following permitted site designations: R-001, a created wetland treatment/reuse system; D-001, a <br /> surface water discharge from the created wetland treatment/reuse to the Lateral D Canal, Class <br /> III fresh Waters of the State; R-002, Part III public access reclaimed water for irrigation and <br /> industrial uses; and R-003, three on-site rapid infiltration basins. The Facility is operated under <br /> Department Wastewater Permit No. FL0041637-009 (attached and incorporated hereto as <br />