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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 17 <br />f. During the implementation of the in-kind project, Respondent shall place <br />appropriate sign(s) at the project site indicating that Respondent's involvement with the project <br />is the result of a Department enforcement action. Respondent may remove the sign(s) after the <br />project has been completed. However, after the project has been completed Respondent shall <br />not post any sign(s) at the site indicating that the reason for the project was anything other than a <br />Department enforcement action. <br />g. In the event, Respondent fails to timely submit any requested information to the <br />Department, fails to complete implementation of the in-kind project or otherwise fails to comply <br />with any provision of this paragraph, the in-kind penalty project option shall be forfeited and the <br />entire amount of civil penalties shall be due from the Respondent to the Department within 30 <br />days of Department notice. If the in-kind penalty project is terminated and Respondent timely <br />remits the $10,000.00 penalty, no additional penalties shall be assessed under Paragraph 10 for <br />failure to complete the requirement of this paragraph. <br />h. Within 15 days of completing the in-kind project, Respondent shall notify the <br />Department, by electronic mail, of the project completion and request a verification <br />letter from the Department. Respondent shall submit supporting information verifying that the <br />project was completed in accordance with the approved proposal and documentation showing the <br />actual costs incurred to complete the project. These costs shall not include those incurred in <br />developing the proposal or obtaining approval from the Department for the project. <br />i. If upon review of the notification of completion, the Department determines that <br />the project cannot be accepted due to a substantially incomplete notification of completion or due <br />to substantial deviations from the approved in-kind project; Respondent shall be notified, in <br />writing, of the reason(s) which prevent the acceptance of the project. Respondent shall correct <br />and redress all of the matters at issue and submit, by electronic mail, a new notification of <br />completion within 15 days of receipt of the Department's notice. If upon review of the new <br />submittal, the Department determines that the in-kind project is still incomplete or not in <br />accordance with the approved proposal, the in-kind penalty project option shall be forfeited and <br />the entire amount of civil penalty shall be due from the Respondent to the Department within 30 <br />days of Department notice. If the in-kind penalty project is terminated and Respondent timely <br />
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