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DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 2 of 14 If Respondent elects to iinplement a P2 Project, Respondent shall submit a completed P2 Project Plan (Plan) within 30 days of the effective date of this Order. The Plan must be completed using Exhibit A, P2 Project Template. In the event the Department requires additional information to process the Plan, Respondent shat l provide a modified Plan containing the information requested by the Department within 15 days of the date of the request. If any balance remains after the entire P2 credit is applied to the allowable portion of the civil penalty, Respondent shal l pay the difference within 30 days of written notification by the Department to Respondent that the balance is due. Also, in lieu of making cash payment of $6,000 in civil penalties or electing to implement a P2 Project as set forth above, Respondent may elect to off -set this amount by implementing an In - Kind Penalty project, which must be approved by the Department. An in-kind project must be either an environmental enhancement, environmental restoration or a capital/facility improvement project and may not be a corrective action requirement of the Order or otherwise required by law. The Department may also consider the donation of environmentally sensitive land as an in-kind project. The value of the in-kind penalty project shall be one and a half tirnes the civi I penalty off -set amount, which in this case is the equivalent of at least $9,000.00. If Respondent chooses to implement an in-kind project as provided in this paragraph, Respondent shall notify the Department of its election by email within 15 days of the effective date of this Consent Order. Notwithstanding the election to implement an in-kind project, payment of the remaining $500 in costs must be paid within 30 days of the effective date of the Consent Order. If Respondent elects to implement an in-kind project as set forth above, then Respondent shall comply with all the requirements and time frames in Exhibit B, In -Kind Projects. Respondent's Acceptance If you wish to accept this offer and fully resolve the enforcement matter pending against the Respondent, within 30 calendar days of the mailing date of this Order, please sign this letter and return it to the Department at SED. Wastewater�FloridaDEP.agoy or at 3301 Gun Club Rd. MSC 7210-1, West Palm Beach, Florida 33406. The Department will then countersign it and file it with a designated clerk of the Department. Once the document is filed with the designated clerk, it will constitute a final order of the Department pursuant to Section 120.52(7), F.S. and will be effective unless a request for an administrative hearing is filed by a third party in accordance with Chapter 120, F.S. and the attached Notice of Rights. By accepting this offer you, Mr. Vincent Burke: (1) certify that you are authorized and empowered to negotiate, enter into, and accept the terms of this offer in the name and on behalf of the Respondent; (2) acknowledge and waive the Respondent's right to an administrative hearing pursuant to Sections 120.569 and 120.57, F.S., on the terms of this offer, once final;