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2018-280A
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Last modified
1/4/2021 3:07:20 PM
Creation date
12/13/2018 4:36:47 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/11/2018
Control Number
2018-280A
Agenda Item Number
13.B.
Entity Name
Florida Power & Light
Subject
Fiber Optics Agreement – Substation License and Access
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLER <br />(c) Licensee shall not create or contribute to any Environmental Contamination, Unauthorize or <br />Unpermitted Wetland Impacts, Unpermitted Groundwater Wells, Illegal Use of Ground or Surface Waters <br />or any Other Environmental Impacts, (collectively, referred to as "Environmental Conditions") as a <br />result of its use of the Licensed Premises. <br />(1) Environmental Contamination is defined as any spilling or discharge of any chemical <br />constituent by the Licensee to the environment that results in any pollution, sheen or contamination of the <br />groundwater, surface water, soil, or any other environmental media, on or from the Licensed Premises, <br />above the federal, state or local regulatory levels; including, (a) for groundwater: Chapters 62-777, Table <br />I, 62-520, or 62-550 of the Florida Administrative Code ("FAC"); (b) for surface waters: Chapters 62- <br />777, Table I, or 62-302 of the FAC; and (c) for soils: Chapters 62-777, FAC, Table II; or above natural <br />background levels. <br />(2) Wetland Impacts are defined as activities impacting areas defined as "wetland" under the <br />following: (a) federal law (for example, Section 404 of the Clean Water Act); (b) federal rules (for <br />example, current approved Army Corps of Engineers ("ACOE") Delineation Manual); (c) federal <br />guidance; (d) state law (for example, Section 373.019(22), Florida Statutes); (e) state rules (for example, <br />Chapter 62-340, FAC); (f) state guidance; (g) case law as formulated that further explains wetland <br />jurisdictional criteria; or (h) local law (for example, Miami -Dade County Ordinances; (i) local guidance; <br />or 0) local policy. Unauthorized or Unpermitted Wetland Impacts shall mean the failure to obtain all <br />required federal, state and local permits to impact the wetland or undertaking any action or activity in <br />violation of any such permits. Some examples of permits needed to impact the wetland are the Miami - <br />Dade County Department of Environmental Resources Management Permits, the State of Florida <br />Department of Environmental Protection or Water Management District Permits, and the Federal ACOE <br />Permits. <br />(3) Unpermitted Groundwater Wells means the installation or the use of an existing <br />groundwater well without obtaining the appropriate state and local permits for the well installation and/or <br />well pumping for use of groundwater or surface water in the area. <br />(4) Illegal Use of Ground or Surface Waters means the withdrawal or use of either ground <br />water or surface water without obtaining any required consumptive use or water use permits from the St. <br />Johns River Water Management District ("SJRWMD") or in violation of any consumptive use or water <br />use permit issued by the SJRWMD. <br />(5) Other Environmental Impacts, include, but are not limited to; failure to apply pesticides <br />consistent with labeling instructions; failure to dispose of pesticide containers as per label instructions; <br />failure to have licensed and trained personnel applying pesticides; failure to properly manage pesticide <br />mix/load sites to avoid pesticide release to soils or surface waters in quantities or concentrations other <br />than that specified on the label application instructions; or any violations of Federal Insecticide, Fungicide, <br />and Rodenticide Act, or its state law equivalent; or any violations of the Florida Department of Agriculture <br />and Consumer Services rules or Best Management Practices for the activities contemplated by this <br />License. <br />(d) If the Licensee causes any Environmental Conditions to occur because of the performance of <br />activities contemplated by this License, Licensee shall notify Licensor immediately upon discovery. <br />Licensee acknowledges that the failure to deliver such notification may cause Licensor to file a damage <br />claim against Licensee and confers to Licensor the right to terminate this License as set forth in Section <br />8. Within seventy-two (72) hours of discovering such Environmental Conditions, Licensee shall, at its <br />
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