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2025-234
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Last modified
11/10/2025 12:18:09 PM
Creation date
11/10/2025 12:17:22 PM
Metadata
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Template:
Official Documents
Official Document Type
Settlement Agreement
Approved Date
10/21/2025
Control Number
2025-234
Agenda Item Number
9.G.
Entity Name
State of Florida Department of Environmental Protection (FDEP)
Subject
Consent Order/Settlement Agreement 22-0150 For the Indian River County
Department of Utility Services Wastewater Collection System
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DEP vs. Indian River County <br />Settlement Agreement, OGC No. 22-0150 <br />Page 15 <br />notified, in writing, of the reason(s) which prevent the acceptance of the proposal. <br />Respondent shall correct and redress all the matters at issue and submit, by certified <br />mail, a new proposal within 30 days of receipt of written notice. In the event that the <br />revised proposal is not approved by the Department, Respondent shall make cash <br />payment of the civil penalties within 30 days of Department notice. <br />E. Within 120 days of the effective date of this Settlement Agreement, Respondent <br />shall obtain approval for an in-kind project from the Department. If an in-kind project <br />proposal is not approved by the Department within 120 days of the effective date of this <br />Settlement Agreement, then Respondent shall make cash payment of the civil penalties <br />within 30 days of Department notice. <br />F. Within 180 days of obtaining Department approval for the in-kind proposal or in <br />accordance with the approved schedule submitted pursuant to paragraph A of this <br />attachment, Respondent shall complete the entire in-kind project. <br />G. 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 <br />project is the result of a Department enforcement action. Respondent may remove the <br />sign(s) after the project has been completed. However, after the project has been <br />completed Respondent shall not post any sign(s) at the site indicating that the reason <br />for the project was anything other than a Department enforcement action. <br />H. 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 <br />comply with any provision of this paragraph, the in-kind penalty project option shall be <br />forfeited, and the entire amount of civil penalties shall be due from the Respondent to <br />the Department within 30 days of Department notice. If the in-kind penalty project is <br />terminated and Respondent timely remits the $29,995.00 penalty, no additional <br />penalties shall be assessed for failure to complete the requirement of this paragraph. <br />I. Within 15 days of completing the in-kind project, Respondent shall notify the <br />Department, by certified mail, of the project completion and request a verification letter <br />from the Department. Respondent shall submit supporting information verifying that <br />the project was completed in accordance with the approved proposal and <br />documentation showing the actual costs incurred to complete the project. These costs <br />
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