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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
Fields
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 4 <br />with Rule 62-620 and 62-604, F.A.C. with respect to the specific violations addressed in <br />this Agreement. <br />8. Within 30 days of the effective date of this Agreement, Respondent shall <br />pay the Department $30,495.00 in settlement of the regulatory matters addressed in this <br />Agreement. This amount includes $29,995.00 for civil penalties and $500.00 for costs and <br />expenses incurred by the Department during the investigation of this matter and the <br />preparation and tracking of this Agreement. The civil penalty in this case includes 2 <br />violations that each warrant a penalty of $2,000.00 or more. This penalty only addresses <br />violations occurring from December 2021 to -October 2024, any spills after this date <br />until the closing of the Settlement Agreement can be penalized via stipulated penalties. <br />9. Respondent agrees to pay the Department stipulated penalties in the <br />amount of $1,000.00 per day for each and every day Respondent fails to timely comply <br />with any of the requirements of paragraphs 6 of this Agreement. Additionally, <br />Respondent shall pay the Department stipulated penalties for any discharges of <br />wastewater from the WWTF and/or collection/ transmission system. Respondent shall <br />pay penalties as follows: <br />Amount p/day p/discharge <br />$1,000.00 <br />$2,000.00 <br />$5,000.00 <br />$10,000.00 <br />$15,000.00 <br />Discharge Volume <br />up to 5,000 gallons <br />5,001 to 10,000 gallons <br />10,001 to 25,000 gallons <br />25,001 to 100,000 gallons <br />in excess of 100,000 gallons <br />The Department may demand stipulated penalties at any time after violations occur. <br />Respondent shall pay stipulated penalties owed within 30 days of the Department's <br />issuance of written demand for payment and shall do so as further described in <br />paragraph 10, below. Nothing in this paragraph shall prevent the Department from <br />filing suit to specifically enforce any terms of this Agreement. Any stipulated penalties <br />
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