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DEP vs. Indian River County <br />Settlement Agreement, OCC No. 22-0150 <br />Page 5 <br />assessed under this paragraph shall be in addition to the civil penalties agreed to in <br />paragraph 8 of this Agreement. <br />10. Respondent shall make all payments required by this Agreement by <br />cashier's check, money order or on-line payment. Cashier's check or money order shall <br />be made payable to the "Department of Environmental Protection' and shall include <br />both the OGC number assigned to this Agreement and the notation "Water Quality <br />Assurance Trust Fund." Online payments by e -check can be made by going to the DEP <br />Business Portal at: http://www.fldepportal.com/go/pay/. It will take a number of <br />days after this order is final, effective, and filed with the Clerk of the Department before <br />ability to make online payment is available. <br />11. In -Kind Option for Offset of Penalties or Stipulated Penalties: <br />In lieu of making cash payment of $29,995.00 in civil penalties as set forth <br />in paragraph 8 above, Respondent may elect to offset this amount by implementing an <br />in-kind penalty project, which must be approved by the Department. An in-kind project <br />must be either an environmental enhancement, environmental restoration or a <br />capital/ facility improvement project and may not be a corrective action requirement of <br />the Agreement or otherwise required by law. The Department may also consider the <br />donation of environmentally sensitive land as an in-kind project. The value of the in- <br />kind penalty project shall be one and a half times the civil penalty off -set amount, which <br />in this case is the equivalent of at least $44,992.50. If Respondent chooses to implement <br />an in-kind project, Respondent shall notify the Department of its election within 15 days <br />of the effective date of this Settlement Agreement. Notwithstanding the election to <br />implement an in-kind project, payment of the remaining $500.00 in costs must be paid <br />within 30 days of the effective date of the Settlement Agreement. In the event that <br />Respondent elects to off -set civil penalties including stipulated penalties by <br />implementing an in-kind penalty project which is approved by the Department, during <br />the period that this Agreement remains in effect or during the effective date of any <br />Department issued Permit to Respondent whichever is longer (Prohibited Transfer <br />