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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 7 <br />completed using Exhibit B, "P2 Project Plan" template. In the event the Department <br />requires additional information to process the Plan described in this paragraph, <br />Respondent shall provide a modified Plan containing the information requested by the <br />Department within 30 days of the date of the request. If any balance remains after the <br />entire P2 credit is applied to the allowable portion of the civil penalty, Respondent shall <br />pay the difference within 30 days of written notification by the Department to <br />Respondent that the balance is due. <br />13. Except as otherwise provided, all submittals and payments required by <br />this Order shall be sent to Chelsea Justis, Southeast District, Department of <br />Environmental Protection, 3301 Gun Club Road, MSC 7210-1, West Palm Beach, Florida, <br />33406 and SED.Wastewater@dep.state.fl.us. <br />14. Respondent shall allow all authorized representatives of the Department <br />access to the Facility and the Property at reasonable times for the purpose of <br />determining compliance with the terms of this Settlement and the rules and statutes <br />administered by the Department. <br />15. If any event, including administrative or judicial challenges by third <br />parties unrelated to Respondent, occurs which causes delay or the reasonable likelihood <br />of delay in complying with the requirements of this Settlement, Respondent shall have <br />the burden of proving the delay was or will be caused by circumstances beyond the <br />reasonable control of Respondent and could not have been or cannot be overcome by <br />Respondent's due diligence. Neither economic circumstances nor the failure of a <br />contractor, subcontractor, materialman, or other agent (collectively referred to as <br />"contractor') to whom responsibility for performance is delegated to meet contractually <br />imposed deadlines shall be considered circumstances beyond the control of Respondent <br />(unless the cause of the contractor's late performance was also beyond the contractor's <br />control). Upon occurrence of an event causing delay, or upon becoming aware of a <br />potential for delay, Respondent shall notify the Department by the next working day <br />and shall, within seven calendar days notify the Department in writing of (a) the <br />
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