HomeMy WebLinkAbout2000-011•
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RECEIVED
)0-011
Department of J111, I
Environmental ProtectioreOARD OF: COUNTY
COMMISSION
Jeb Bush
Governor
CERTIFIEV
Z-203 929 892.
Board of County Commissioners
Indian River County
1840-25"' Street
Vero Beach, FL 32960
Central APPROVED BY
3319 MaguirereBoulevard.
. Suits 2
Orlando. Florida 32803.3767
January 21, 2000
Attention: Honorable Fran B. Adams
Chairman
Indian County - SW
Indian River County
Agreement OGC Case 11992151
Dear Chairman Adams:
BOARD OF COUNTY
COMMISSION
OCD -SW -00-0029
David B. Struhs
Secretary
QISTRIBUTION UST
(mnaissioself—
Admiaatrotor
Aflame/
Pasoaul
PON Works
(otraua�h t1a
IfttlUin
iUOnpU,��
OUB
Eserp Son.
Rill Mit
Dike
Enclosed is a copy of the Agreement executed by the Director of District Management.
Please note the effective date of this Agreement is January 21, 2000
If you have any questions regarding the terms of this Agreement, please contact me at (407)
893-332.8 or Gloria -Jean De Pradine at (407) 893 3594, or at the above address
Sincerely, r�
James N. Bradner. P.E.
F.oyrarn Manager
Solid waste
JNBIgd
Enclosure
cc: William Bowen, Office of General Counsel, FDEP
James E. Chandler, Administrator, Indian River County
Ronald Brooks, Manager, Indian River County Landfill
Donald R. Hubbs, Director, Utility Services.
John Ladner, Carnp Dress -or & McKee Inc.
"fttect, Conser zz and Manage Florida's Environment and Natural Resources"
Printed on recycled paper.
CERTIFIED:
Z-203 929 892
BEFORE: THE STATE OF FLORIDA
DEPARTMENT OF ENVIROI1ME"JTAL PROTECiIODt
T.HE OFFICE OF THE
STATE OF FLOPIDA DE:PF:PTMENT E2ITPAI. 0i5TR7CT
OF EITVIROJIMEMTAL :'POTEC71C)",
Compla inartt ,
O^,W FI-. hG. 59 2?.51
vs.
Indian River County,
1 Fesponder.t .
This Agreement is made and entered .nto between the State of
F]crida Department of Enviranmenta-
P_0O ec�lon ('�D�partmenC„) and
Indian River County ("Respondent") to reach se:-?ement of certain
matters at issue between the Department. and Respondent.
The Department finds and the Respondent admits the
fol.].owinq_ :
1. The Department is the administrative agency of the
State of Florida having the power and duty to protect Florida's
air and water resources and to administer and enforce the
provisions of. Chapter 403, Florida Statutes (F.S.), and the rules
promulgated thereunder in Florida Administrative Cude (F.A.C.)
Title 62. The Department has jurisdiction over the matters i
addressed in this Agreement.
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2. Respondent is a political subdivision of the State of
Florida and is a person within the meaning of Section 403.031
(5), Florida Statutes.
3. Respondent owns the ?ndian River County Landfill
( faci1ity") which 1f', rii�rate! by 'lwastt management, inc., o
Florida. The faeil:ty jzlo_atF d south of fislo P.oa, , wes: c; 74``
Avenue (Range Line Road; and east of in-_erstate 95 1n Section 25,
Township 33 Sot.i- h, Par.ge 36 Elis*_, lndla:. P1ver County, Florida.
4. The last valid permit for Respondent's fac_lity was
p,Lrmir. Nc_).SO3--245825 issued cn November 1-, 1994. Tnis pturmit
was substantially rr:1d:f:ed on September 67, 1-9967, to in::_u-i -he
a:,_ GP�'r&t.. aC''7 -- ,_
Class landfill. On Feeruary 4, 1999 a _equest was made :o
extend the permit to November 1-4, 1999. This request was apprDvad
cn Fenr.:ary 22, _599, _nd_ca*iing tha_ _he opera._o n w�ulo
ernire on November 14, 1999. A permit application was submitted
to the DeparLlnent ori November 16, 1999-
S. On Novemher 22, 1999, a Warning Letter (OWL-S'+i-98-0010)
was issued to Respondent in which the Department alleged that
Respun(junt had iaiied to submit a renewal permit aopiicatlon
sixty days prior to the expiration of the permit and was
operating without a currently valid permit.
G. ncspondent and its rcj?resuntativuc met with the
Departmeiit on December 8, 1999, to discuss corrective actions for
the issues identified in above referenced warning Letter.
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7. Respondent does not admit by signature, or otherwise
that it has violated any laws or rules. However, in order to
avoid litigation regarding these issues, Respondent has agreed to
implement corrective actions and otherwise perform in accordance
with this Agreement.
P. This Agreement shall not be considered an admission by
Respondent. of any violation of cr liabil.t}' under any applicable
federal, state or to^al law, rule or reJulatiort, or of any
federal or state com," n law. :he foregoing, the
Respondent agr---es to comply with all `-erns of this Agreement.
3, THEREFORE, having reached a resolution o: the matter
Department and t'I'_' Respond --:17 m'XtUai?; _ ee and is,
ORDERED:
lo. immediately upon tht effective date of _..is Aareement
and continuing thereafter, Responde .= shsl'_ comely wl-.. all
Department rules regarding solid waste management. Respondent
shall implement the terms of this Agreement within the time
periods required below and shall thereafter remain in full
compliance with all applicable rules in ChaDter 62-701, F.A.C.
11. Respondent shall comply with ali applicable Department
rules in F.A.C. specifically including Chapters 62-4, 67.-701, 62-
711, and all other conditions of this Agreement. Respondent
further agrees to secure its hermit wiLilin i'30 days ui Lile
effective date of this Agreement. As further explained in
succeeding paragraphs, this Agreement is a conditional waiver of
the Department's right to sue Respondent, conditioned or.
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Respondent's complete and timely performance of all requirements
in this Agreement.
12. Upon review of the permit application the Department
may request additional information. Any additional information
shall be submitted to the Department wi�..in 30 days of receipt of
tike Department's writter. req•.sest. :f ari�:.t:cnal information is
riot submitted in a timely manner, the Department will approve or
deny the permit application as submitte:i.
13. Within 30 dans of the date of this Agreement,
Respondent shall pay the Department 34.100.00 in settlement of
matters addressed in thi:: A.-reemient . Tr,-- arrow:,` includes 53900.00
_r. civil pEnalt.es or..,..> C: a. _et -;r)3,c__ r
statutes, and of chapter 52-701, :.A.C., ani X200.00 for cysts
and expenses incurred by the Deparrtr-T n—, doting the investigation
of matter and the preparation of this
Agreement.. Payment shall be made by cas ier's check, or m,ney
order. The instrument shall be made payable.• to thF- Department of
Environmental Protection and small include thereon they OGc No.
99-2151 assigned to this Agreement and the notation "Ecosystem
Mnnageemcini. and Re-toration Tnif:C, t''nici" !F.1777) Tho,�.-`--
be sent as specified in paragraph 23.
14. In lieu of: making cash payment of the civil penalties
set forth in paragraph 13, above, Respondent may elect-. to
implement an in-kind penalty project, which must be approved by
the Department. The in-kind project must be an environmental
enhancement, environmental education, environmental restoration
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or. a cap.l.,—il/facility improvement project. The Department may
alr;o 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 times the civil penalty amount, which in
this case is the equivalent of at least 55550.
If Resp=ondent chooser to satisfy penalty through an in-
kind project, Respondent shall nocify the Department of its
election by certified mail within I5 days of the effective date
of this Agreement. If Respondent elects to implement an :n-k.ind
penalty project, respondent s:na:l comply with the :ollvriing
timeframes and specifications.
;1. tAlwti::.: 30 days :�f .ne date o: ,.....s Agreemen ,
Respondent shall submit, by cert -fief ma -1, a detailed
project proposal to the Department for evaluation. The p_-oposal
shut_ include a summary of benefits, _reposed schedule for
imr)lement.ation and documentation of the estimated costs, which
are expected to he incurred to complete the project. These costs
shall riot include those incurred in developing the proposal or
obtaining approval from the Department for the in-kind project.
h. If the Dnpnrtmcnt recu•e is cid:i_tiottal _iifn war iz)n of
clarification due to a partially incomplete in-kind project
proposal, or requests modifications due to deficiencies with
Department guidelines; Respondent shall submit, by certified
mail, all requested additional information; clarif_cation, and
modifications within 15 days of receipt of written notice.
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C. if upon review of the in-kind project proposal, the
Department determines that the project cannot be accepted due to
a substantially incomplete proposal or due to substantial
deficiencies with minimum Department guidelines; Respondent shall
be notified, in writing, of the reason(s) which prevent the
acceptance of th proposai. r� ,por.d�nr. :,;;all correct and redress
all of the matters at issuL- •3Ri submit, by Certified mail, a n„4
proposal wltr:lri 15 days of receipt of wrLttar n-,tice. In th"
event that the revised proposal is not approved by the
Department, Respondent shall make cast payment of the ci t l
penalties as set forth in paragraph L3 a'cove, wi-.^.in 30 days of
De—Dartment notice.
d. Within 90 clays %:,f _ilei :_`ec,_:va da -e of this Agree -en. ,
Respondent shall obtain approval for proje.t from
Department. If an in-kind oro3ect. proposal -s not approved by
the Department within 90 days of the effective tate of this
Agreement; then Respondent shall make cash payment of the civil
penalties as set forth in paragraph 13 above, within 30 days of
Department notice.
e. Within 90 days of obtaining neparr..rr^nt f-: th-
in -kind project proposal or in accordance with the approved
schedule submitted pursuant to paragraph 14(a) above, Respondent
shall complete the entire in-kind project.
ry f. During the implementation of the in-kind penalty
project, Respondent shall place appropriate sign(s) at the
project site indicating that Respondent's involvement with the
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Respondent shall be notified, in writing, of the reason(s) which
prevent the acceptance of the pro)ect. Respondent shall correct
and redress all of the matters at issue and submit, by certified
mail, a new notificarian cf completion within 15 days of receipt
F rev ew of the new submittal,
of the Department's not i rn , I upon -
the Department determines the: the
:n-kir.ri aro)ect is stall
n acCardancw with '-:I"' approved proposal, the
incomplete or not
in-kind penalty paytre�it option :seal? be forfeited and th4S entire
amount of civil penalies shall be due froT, the Respondent to the
Det)artment within 30 days of Department- notice.
.5, Responde nt agrees _c -pay cnE- Department s.:pu'a"'d
u"_ 'aa-! `3r e3_.. and O-1,
R« sLonaent fa is to t:mei.y e:omzly w:=.r1 any of the requirements o:
,3 or o'- this Agreement. A separate
Paragraphs 1�, 11, 12,
st_.uulated penalty sh31� b� a`:s�- —" for each '/:��at:".n c)f this
Agreement. Within 30 days of written demand from the D�apartment,
Respondent shall make payment of the appropriate st;Dulated
penalties to "The Department of Environmental Protection" by
cashier's check or money order and shall include thereon the OGC
nim?.Pr. as. igneei to this Agreement and rhe noration "Fcosystem
Management and Restoration Trust Fund.,, The payment shall be
sent as specified in paragraph 23. The Department may make
demands for payment at any time after violations occur. Nothing
in this paragraph shall prevent the Department from filing suit
to specifically enforce any of the terms of this Agreement. Any
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penalties assessed under this paragraph shall be in addition to
the settlement sum agreed to in paragraph 13 of this Agreement.
16. If any event occurs which causes delay, or the
reasonable likelihood of delay, in complying with the
requirements of deadlines of this Agreement, Responne_nt shall
have the burden of proving Char_ the delay was, or will be, caused
by the circumstances beyond the reasonable control of Respondent
and could not have beer, or cannot be overcome by Respondent ' s :jut -
diligence. Economic c_rcumstan7 es sha!' no- be considered
circumstances beyond the control of Respondent, nor shall the
failure of a contractor, subcontractor, rra:erialcan or other
aaen—, (collect_vely referred to as "con:ractor") =,7 nn rr.
responsibility for performanct! __-, deleaa_ed to mee* contra('_ually
imposed deadlines be a cause beyond the control of Respondent,
unless the cause of the contractor's la -_e aerfcrmanc'E- was also
beyond the contractor's control. UDon occurrence O an :.'lent
causing delay, or upon becoming aware of a potential for- delay,
Respondent shall notify the Department orally within 24 hours or
by the next working day and shall, within seven days of oral
rintif]cat_ion to rhe Dep:ir.tmf:nt, notify Y_}'i (-:: Dent?YC. R�f�3iC 1i? Yl-"tin3
of the anticipated length and cause of the delay, the measures
taken or to be taken to prevent or minimize the delay, and the
timetable by which Respondent intends to implement these
measures. If the Darties can agree thar. the delay or anticipated
delay has been or will be caused by circumstances beyond the
reasonable control of Respondent, the time for performance
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hereunder shall be extended for a period equal to the agreed
delay resulting from such circumstances. Such agreement shall
adopt all reasonable measures necessary to avoid or minimize
delay. Failure of Respondent to comply with the notice
requirements of this paragraph in a --_mely manner shall
constitute a -11":r of Respondent's runt ro request an extension
of time for complianc-_ with the requirements or deadlines of this
Agreement.
3.7. Respondent shall remain liable to the Department for
any natural resour,-e damages resulting from the violat_ons
alleged herein and for the correction, csitrol, a^- abatement of
any pollution emanating from Respondent's facility.
18. Persons who are not oartig-s to this Agreement but whose
substantial interests are affected by ....i3 Agreement, have a
right pursuant to Sections 120.559 and 120.57, Florida Statutes
to petition for an administrative hearing on it. The Petition
must contain the information set forth below and must be filed
(received) in the Department's office of General Counsel, 3900
Commonwealth Boulevard, MS -35, Tallahassee, Florida 32399-3000,
ttiiu 21 clay-. of: i-ecf-ipt cdf _hie noticr. A copy t: -f Lhc i'C:tit1GI]
must also be mailed at the time of filing to the District Office
named above at the address indicated. Failure to file a petition
within the 21 days constitutes a waiver of any right such person
has to an administrative hearing pursuant. to Sections 120.563 and
120.57, Florida Statutes.
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The petition shall contain the following information: (a)
The name, address, and telephone number of each petitioner; the
Department's identification number for the Agreement and the
county in which the subject matter or activity is located; (b) A
>t rl tE mE'nt cif )'low rind whe:l `:ach pet i t -, nner received notice of the
Agreemftnt; (c.) A satat�ement Of howerf^_': n°'.tiCio:1�°r'S substantial
interests are affected by the Agreerr.pnt; (d) A statement of the
material facts disputed by pet___cn_r, if any; (e) A statement of
facts which petitioner conn -ends warrant reversal or modification
of the Agreement; (f) A statement of which-:Llles or statutes
petitioner contends require reversal modif_cat.on of the
Aareemet: (g) P. st,3tempnt cf the rel le':. sou_ - b•, -. ler,
stating precisely the action petitioner wants the i;epar=rre:lt to
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take with respect to the Agreement.
if a iietiticn is filed, tl� ad :i-_st_a_ive hearing pro:: is
is designed to formulate agency action. AccGrdingiy, the
Department's final action may be different from the position
taken by it in this Notice. Persons whose substantial interests
will be affected by any decision of the Department with regard to
"" the subject Agreement have the right to petitio to become a
party to the proceeding. The petition must conform to the
requirements specified above and be filed (received) within 21
days of receipt of this notice in the office of General Counsel
at the above address of the Department. Failure to petition
within the allowed time frame constitutes a waiver of any right
_ _... such person `las to Teaue:st a hearing- under: Sections i20.5669 _!nd
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120.57, Florida Statutes, and to participate as a party to this
proceeding. Any subsequent intervention will only be at the
approval of the presiding officer upon motion filed pursuant to
Rule 28-106.205, Florida Administrative Code.
A person whose substantial interests are affected by the
Agreement may file a timely petition for an administrative
hearing under Sections '120.569 and 1.20.57,.'10r -Ida Statutes.
Mr!diation is not available _n this proceeding.
19. Entry of this Agreemient does no- relieve Respondent of
the need to comply with the applicable federal, state or local
laws, reaulations or ordinances.
20. The terms and condi-ions set _orth in this Agreement
may be enforced in a court cc,mpetent ur:sd;ct.on pursuant to
Sections 120.69 and 403.121, Florida Statutes. Failure to comply
with the terms of this Aareement shalt =or.s- tui_ m ._o at.on of
Section: 403.161 (1) (b) , Florzcia Statutes .
21. Respondent is fully aware_ that a violation of. the term,.
of this Agreement may subject Respondent to judicial imposition
of damages, civil penalties up to $10,000.00 per offense and
criminal penalties.
22. Respondent shall allow all authorized representatives
of the Department access to the site at reasonable times
including normal operating hours for the purpose of determining
compliance with the terms of this Agreement and the rules and
statutes of the Department.
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23. All plans, applications, penalties, stipulated
penalties, costs and expenses, and information required by this
Agreement to be submitted to the Department should be sent to
Program Manager
Solid Waste Faction, Central District
Florida Department of Environmental Protection,
3319 Maguire Boulevard, Suite 232,
Orlando, Florida 32803-3757.
24. The Department hereby expressly rc-.strves the right to
initiate appropriate legal act_on to prevwn': or prohibit any
violations of applicable statutes, or the rules promnulaated
thereunder that are not specifically addressed by the terms of
this Agreement.
25. Respondent wa_,ves ._s _-ght tee an
hearing afforded by Sections 120.1�o5 ani
Statutes, on the terms of this Agreerne nt. FespondGn':
acknowledges its . gnt to appeal the terms of thi_v Agrvemen-
pursuant to Section 120.68, Florida Statutes, but waives that
right tlpon signing this Agreement.
26. The Department, for and in consideration of the
corripleLe and timely perrormance by Respondent of the obligations
agreed to in this Agreement, hereby waives its right to seek
judicial imposition of damages or civil penalties for alleged
violations ouLlined in Lhis Agreement. Respondent acknowledges
buL waives its right to an administrative hearing pursuant to
Sections 120.569 and 120.57, Florida Statutes, on the terms of
this Agreement. Respondent acknowledges its right ria appeal the
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te.-rmr: of: this Agreement pursuant to Section 17.0.68, Florida
Statutes, but waives that right upon signing this Agreement.
27. Nothing herein shall be construed to limit the
authority of the Department to undertake any action against
Respondent in response to or to recover- the costs of responding
to conch ticn` at or from the site that require Department action
to abate ar: imminent hazard to public health, w•.lfare or the
env ironma-nt .
28. The provisions of this Agreement shall apply to and be
binding upon the paries, _he=r officers, their directors,
agents, servants, employees, successors, and ass.cns and all
persons, `__rms a.nd corpora'_sns ac__nz ....; '=S'.19-1 or -'Or _nem
and upon those persons, firms and corporal.ons in active eonzero
or participation with them.
29, ho mod,t_catiozs c_` _he __ of this Agreement shall
be effective until reduced cc, writ:.rg t, r. executed by both
Respondent and the Department.
30. This Agreement is a settlement of .-ie Department's
ri.vi 1 and admi.ni sr.r.:,tive a�.iC.hc:r' az s_;-sy �n� r f-'1%:_ida Law tG
resolve the matters addressed herein. Ties Agreement is not a
settlement of any criminal liabilities which may arise under
Florida law, nor is it a settlement of any violation which may be
prosecuted criminally or civilly under fer_lernl lava.
31. In the event of a sale or conveyance of the facility or
of the property upon which the facility is located, if all of the
requirements of this Agreement have not been fully satisfied,
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Respondent: shall, at least 30 days prior to a sale or conveyance
of the property, (l.) notify the Department of such sale or
conveyance, (2) provide the name and address of the purchaser, or
operator, or person(s) in conr_rol of the facility, and (3)
provide a copy of this Agrj•-emenr_ with all a.tachm=nts to the new
owner.. The sal--. or conveyance of the or the property
upon which the facility :s located shall not relieve the
Respondent of that obligat:.on-: imc.-used _: tt A_,re-mens.
32. This Agreement is a `_inal or•-�er cf the Department
pursuant to Seceion 120.52(7), Florida Sr_atu.es, and it is final
and effective on .he date filed with rhe Clerk, of the Department
unless a Pet -tion for Adm.,n _s--ra-'-ve Hear -,ng is filed in
accordance with Chapter 120, ::lorida Statutes. Upon the _.melt'
filing of a petition this Agreement .t___ not he effective until
`urther order of the Department.
DATE January 11, 2000
FOR TH-E P.ESPONDFNT:
�T a,", , 6 0�44/0
Fran B. Adams, Chairman
Board of County Commissioners
Indian River County
1840-25`h Si.i:r et
Vero Beach, FL 32960
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ooms AND na00000 this day of ' z000, in
Orlando, Orange County, Florida.
STATE or FLORIDA oEpanTncmr
OF Frn/zRoN-MENTAL paoTscrzou
3319 Maguire ooulevard, suzr zo
Orlando, Florida 32803 -3767
FILING AND A(:K14Oe1LZDGM—=*:'.
r-,Ird, on this dare' pursuant to Section 120.52 F.s.' xLt,
the designated Department clerk' receip� of whLch is hercny
acknowledged. Z'
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cz.cRx DATE
CIL uc�xco, ��� �euezal u,uusul' Tallahassee
James E. cbaodlcz' adm--oisczacor, zodiao River County
Ronald Brooks, Manager, Indian River covocy Lcodfill
Donald R. ouhba' Director, Utility Services.
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