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2017-051
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Last modified
5/2/2024 11:24:58 AM
Creation date
4/12/2017 2:30:06 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/11/2017
Control Number
2017-051
Agenda Item Number
8.D.
Entity Name
Florida Department of Environmental Protection
Wetland Disposal System
Subject
West Regional Wastewater Treatment Facility
Consent Order 17-0072
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DEP vs. Indian River County <br />Consent Order, OGC No. 17-0072 <br />Page 10 <br />18. Respondent is fully aware that a violation of the terms of this Order may subject <br />Respondent to judicial imposition of damages, civil penalties up to $10,000.00 per day per <br />violation, and criminal penalties. <br />19. Respondent acknowledges and waives its right to an administrative hearing <br />pursuant to sections 120.569 and 120.57, F.S., on the terms of this Order. Respondent also <br />acknowledges and waives its right to appeal the terms of this Order pursuant to section 120.68, <br />F.S. <br />20. Electronic signatures or other versions of the parties' signatures, such as .pdf or <br />facsimile, shall be valid and have the same force and effect as originals. No modifications of the <br />terms of this Order will be effective until reduced to writing, executed by both Respondent and <br />the Department, and filed with the clerk of the Department. <br />21. The terms and conditions set forth in this Order may be enforced in a court of <br />competent jurisdiction pursuant to sections 120.69 and 403.121, F.S. Failure to comply with the <br />terms of this Order constitutes a violation of section 403.161(1)(b), F.S. <br />22. This Consent Order is a final order of the Department pursuant to section <br />120.52(7), F.S., and it is final and effective on the date filed with the Clerk of the Department <br />unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, F.S. Upon <br />the timely filing of a petition, this Consent Order will not be effective until further order of the <br />Department. <br />23. Persons who are not parties to this Consent Order, but whose substantial interests <br />are affected by it, have a right to petition for an administrative hearing under sections 120.569 <br />and 120.57, Florida Statutes. Because the administrative hearing process is designed to <br />formulate final agency action, the filing of a petition concerning this Consent Order means that <br />the Department's final action may be different from the position it has taken in the Consent <br />Order. <br />The petition for administrative hearing must contain all of the following information: <br />a) The OGC Number assigned to this Consent Order; <br />b) The name, address, and telephone number of each petitioner; the name, address, and <br />telephone number of the petitioner's representative, if any, which shall be the <br />address for service purposes during the course of the proceeding; <br />
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