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Department of
Environmental Protection
Southwest District (^3804) Coconut Palm Drive Tampa, Florida 33619
October 21, 2005
Meyer & Gabbert Excavating Contractors, Inc.
Mr. Ironard Meyer and Mr. Jim Gabbert
8001 Fruitville Road
Sarasota, Florida 34240
RE: Case Closure (^) lrtter, OGC File No. 05-
CCSWDC Materials Recovery Facility, Sarasota County
Meyer & Gabbert 8001 Fruitville Road MRF, Sarasota County
Meyer & Gabbert Hwy 70 C&D Disposal Facility, DeSoto, County
Dear Mr. Meyer and Mr. Gabbert:
The Department (^) has received the (^) $38,500 penalty in full (a payment of (^) $9,625 was received
August 5, 2005 and a payment of $28,875 was received October 13, 7005). A review of
Department files confirms that all the terms and conditions of the above-referenced Short Form
Consent Order have been complied with and, therefore, the Department is closing its case on the
matter. Enclosed please find a copy of the executed Short Form Consent Order for your records.
The Department (^) appreciates your cooperation (^) in the resolution of thii matter. If you (^) have any questions, you (^) may contact (^) Ms. Stephanie Petro of this office at telephone number (813)
7M-6IW, extension 451.
William Kutash
Division of Waste Management
Southwest District
Jeb Bush Governor
Colleen (^) M. Castille Secretary
Sincerely,
Enclosure wUmsp (^6) cc: (^) {Susan Pelz, P.E., FDEP
"More (^) Protection, (^) Less Process"
Printed on reqcled poper.
Department of
t
Environ (^) mental (^) Protection
Southwest (^) District 3804 Coconut Palm Drive Tampa, Florida (^33619)
July 21, 2005
CERTIFIEDMAILT0A2 3150 0003 8464 022',t
RETIJRN RECEIPT REQUESTED
Meyer & Gabbert Excavating ContractorS,Inc.
Mr. Leonard Meyer and Mr. Jim Gabbert
8001 Fruitville Road
Sarasot4 Florida 34UA
RE: Proposed Settlement (^) of
Wandng Irtter #\VL05-00O1SW58SWD for CCSWDC Materials Recovery Facility
Wandng Letter #SfL05-0002SW58SWD (^) for Meyer & Gabbert (^) - 8001 Fruiwille (^) Road
wandng Letter #wl05-0003sw14swD for Meyer & Gabbert Hwy 70 c&D Di
OGC File No.: 05-
!'not
Dear Mr. Meyer and Mr. Gabbert:
The purpose^ of this letter is to complete the resolution of the matter previously
Department.in the Warning Letters dated March 10, 2005, copies of which are attactreO. The
actions required to bring your facility into compliance have beenperformed. The Departrnent finds that you"otr""tiiri*r..
are in violation of the rules and statutes cited in the attached Warning Letters. In order to resolve the matters
identified in the attached Waming Letters, you arc assessed civil penalties ih the amount of $37,000, along
with $1,500 to reiuiburse the Depirrrent coits, for a total oJ $3g,500.
The civil penalty in this case includes five violations of $2,000.00 or more.
The Deparfrnent acknowledges that the payment of these civil penalties by you does not constitute an
admission of liability. This payment must be made payable to the Department of Envirorunental Protection
by cashier's check or money order and shall include-ttre OCC File Number a.ssigned abo.re and the notation
'Ecosystems (^) Management and Restoration (^) Trust Fund." Payment (^) shali ne- lent to the Department of
Environmental Protection, 3804 Coconut Palm Drive, Tampa, Florida 33619-1352. The puy*rot shall be
Tade in four^ equal^ quarterly installment^ payments^ of^ $9,625^ in^ accordance^ with^ the^ following^ schedule:^ the
first payment shall be due August L5,2Cfl5, the second payment shall be due November 15, 2005, the third
payment shall be due Febnrary 15,2W6, and the fourth (final) payment shall be due May t5,20M. Failure
to timely (^) make any instaltnent payment (^) will allow the, Uipariment, at (^) its discretion, to accelerate the
balance, which will become immediately due.
Your signing this letter constitutes your acceptance of the Department's offer to resolve this matter
o1 these terms. (^) If you (^) elect to. (^) sign this letter; please (^) return it to ttrJ Department at the address (^) indieated
1bov9. The Department^ will^ then countersign the^ letter^ and^ file^ it^ with^ the Clerk^ of^ the^ Department.^ When
the signed letter is filed with the Clerk, the letter shall constitute final agency action of the Department,
which shall be enforceable pursuant to Sections L2A.69 and 403.12| Florida Statutes.
"More (^) Protection, Less Process"
Printed (^) on recycted poper.
Jeb Bush Governor
^{u7ry
Colleen (^) M. Castille Secreary
Florida Department^ of
Environmental Protection
SOUTHWEST DISTRICT
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Larry Morgan
Office of General Counsel
[\hff/u- Kutash,^ Administrator Division of Waste Management t / Susan Pelz, P.E., Section Manager (^) A,,,lr,rflO( Solid Waste Section, Southwest District (^) il"- \
Stephanie Petro, Enforcement^ Coordinator 112, fO\rn\
Solid Waste Section. Southwest District
p'U
October I9,2OO
Meyer & Gabbert Excavating Contractors, Inc.
CCSWDC Materials Recovery Facility, Sarasota County
Meyer & Gabbert 8001 Fruitville Road MRF, Sarasota County
Meyer & Gabbert Hwy 70 C&D Disposal Facility, DeSoto, County
OGC Case No. 05-
Case Closure Request
All provisions of the subject Short Form Consent Order have been met;
Penalty Amount $38,500.
The receipt for and the balance of this amount were received on August 5,2005 and October 13,2005.
Therefore, it is requested the case be closed in LCT.
Attachment: Copy of executed Short Form Consent Order
am1Ig
Mey.gr & Gabbert (^) Excavating (^) ft o"torr, In". .Short Form^ Consent Order OGC Case (^) No. 05-
If you^ do not sign and return this letter !o the Department at the Dishict address within fifteen (15)
days of receipt of this letter, the Department will assume that you are not interested in settling this matter on
the above described terms, and will proceed accordingly. None of your rights or substantial interests are
determined by this letterunless you sign it and it is filed with the Department Clerk.
FOR THE RESFONDENTS:
'f/bfiA n (^) Ufg9Wobehalr (^) or (^) IIEREBYACCEPT THE
THE SETTLEMENT OFFER IDENTIFMD ABOVE.
lltltlrrllllltllrlllltllltttlt:rrtlttllltrtrlllltrrlrJr!allttattrtltttltttttr!!rlr
FOR DEPARTMENT USE ONLY
DONE AND (^) ENTIERED this (^) _ day (^) of 2005.
STATE OF FLORIDA DEPARTMENT
OF E}NryRONMEMAL PROTECTION
Deborah A. Getzoff
District Director
Southwest District
FILING AND ACKNOWLEDGMENT
EILED, on this d4te, pursuant to
$ 120.52,^ Florida^ Statutes,
Wjth the designated Deparfinent
Clerk, receipt of which is hereby
Acknowledged.
CIerk
Copiesftmished (^) to: Sandy Wilson (execured copy (^) only) Karen (^) Iohnson (erecuted copy only) Kathy Carter (executed copy only)
MHP
off (^1 3 )
SOUTHWEST DISTRICT
Date
Meyer & Gabbert (^) Excavating Contractors (^) Inc
8001 Fruitville Road
941t377-
FL DEP Ecosystems Management
And Restoration Trust Fund
3804 Coconut Palm Drive
Tampa FL 33619-
LETTER OF TRANSMITTAL
FROM lris
Enclosed, our check #16870, payment in full.
Sarasota Ft 34240
tax9411378-
q0UTHWEST
0f$TRtcT
DATE 09/30/
REWLOs-OOO1SWs8SWD WLO5.OOO2SW58SWD WLO5-OOO3SW14SWD
Please provide^ payment confirmation.
']tgqltl
Colleen (^) M. Castille Secretary
Department (^) of
Environmental Protection
Southwest District 3804 Coconut Palm Drive Tampa, Florida 33619
JuIy 21 | 2005
CERTIFIED MAIL 7002 3150 0003 8464 0221
RETURN RECEIPT REQUESTED
Meyer & Gabbert Excavating Contractors,Inc.
Mr. Leonard Meyer and Mr. Jim Gabbert
8001 Fruitville Road
Sarasota, Florida 34240
RE: Proposed Settlement of
Warning Letter #WL05-0001SW58SWD for CCSWDC Materials Recovery Facility
Warning Letter #WL05-0002SW58SWD (^) for Meyer & Gabbert (^) - 8001 Fruitville (^) Road MRF
Warning Letter#WL05-0003SW14SWD for Meyer & Gabbert Hwy 70 C&D Disposal Facility
OGC File No.: 05-
Dear Mr. Meyer and Mr. Gabbert:
The purpose of this letter is to complete the resolution of the matter previously identified by the
Department in the Warning Letters dated March 10, 2005, copies of which are attached. The corrective
actions required to bring your facility into compliance have been performed. The Department finds that you
are in violation of the rules and statutes cited in the attached Warning Letters. In order to resolve the matters
identified in the attached Warning Letters, you are assessed civil pJnalties in the amount of $37,000, along
with $1,500 to reimburse the Department costs, for a total of $3g,500.
The civil penalty in this case includes five violations of $2,000.00 or more.
The Department acknowledges that the payment of these civil penalties by you does not constitute an
admission of liability. This payment must be made payable to the Department of Environmental Protection
by cashier's check or money order and shall include the OGC File Number assigned above and the notation
"Ecosystems Management and Restoration Trust Fund." Payment shall be sent to the Department of
Environmental Protection, 3804 Coconut Palm Drive, Tampa, Florida 33619-1352. The paymint shall be
made in four equal quarterly installment payments of $9,625 in accordance with the following schedule: the
first payment shall be due August 15,2005, the second payment shall be due November 15, 2005, the third
payment shall be due February 15,20fll6, and the fourth (final) payment shall be due May 15,20M. Failure
to timely (^) make any installment payment (^) will allow (^) the Department, at its discretion, (^) to accelerate the
balance, which will become immediately due.
Your signing this letter constitutes your acceptance of the Department's offer to resolve this matter
on these (^) terms. If you elect (^) to sign this letter, please (^) return it to the Department at the address indicated
1bove. The Department^ will^ then countersign the letter^ and^ file^ it^ with^ the Clerk^ of^ the^ Department.^ When
the signed letter is filed with the Clerk, the letter shall constitute final agency action of the Departmenr,
which shall be enforceable pursuant to Sections t2}.6g and 403.t2I, FloridiStatutes.
"More (^) Protec'tion, (^) Less Process"
Printed on recycled poper.
' !l?ftfft3;[:isil::"#[,;3! (^) i,'.i *li,,, o
If you do not sign and return this letter to the Department at the District address within fifteen (15)
days of receipt of this letter, the Department will assume that you are not interested in settling this matter on
the above described terms, and will proceed accordingly. None of your rights or substantial interests are
determined by this letter unless you sign it and it is filed with the Department Clerk.
FOR THE RESPONDENTS:
on behalf of TIEREBY ACCEPT THE
TERMS OF THE SETTLEMENT OFFER IDENTTFIED ABOVE.
By: Date:
llltllllaltlllllrallrlllllrattlrtlrllltlttlrttlltltllrtllrlrrtltrrllllrrrrrttttrtt
F'OR DEPARTMENT USE ONLY
DONE AND ENTERED (^) this day of 2005.
STATE OF FLORIDA DEPARTMENT
OF EI\IVIRONMENTAL PROTECTION
Deborah A. Getzoff
District Director
Southwest District
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to
g (^) 120.52, Florida S tatutes,
With the designated Department
Clerk, receipt of which is hereby
Acknowledged.
Clerk
Copies furnished to: Sandy Wilson (executed copy only) Karen Johnson (executed (^) copy only) Kathy Carter (executed copy only)
Date
Department (^) of
o
Environ (^) mental (^) Protection
Southwest (^) District 3804 Coconut (^) Palm Drive Tampa, Florida (^33619)
CERTIFIEDMAILNO.: 7001 1940 00CI 7497 gBgSftOOl
RETURN RECEIPT REQUESTED
Sarasota (^) County Environmentai (^) Services
C/o Mr. Frank Coggrns
a000Ituights Trail Road
Nokomis, FL
Meyer & Gabbert Excavating Contractors, Inc
Mr. JimGabberr
8001 Fruitville Rd
Sarasota, F{-
Subject: Warning Letrer # WLO5-O0O1SW5SSWD
CCSWDC Material Recovery Facility
. (^) Sarasota (^) County
Dear Mr. (^) Coggins and (^) Mr. Gabbert: )
The purpose of this letter is to advise you of possible violations of
law for which you may be
responsible, and to seek your cooperation in resolving the matter.
A field inspection of the CCSWDC
Material Recovery Facility on Novemb er !7,2004*--d M"y", &
Gabbert,s leiter dated January 10,2005,
indicate that violations of Florida Statutes and Rules may exist at the
above-mentioned facility.
Department of Environmental Protection personnel observed the following
at the above-described
facility:
- The (^) Deparfinent (^) was infonned during (^) the Novem (^) ber 1712004
inspection and in Waste
euantity Reports,^ which (^) were requested on December (^) Lr2004*i ,o.". (^) received on
January 10,2005, that since at least September 2004 ttle C&D material
was being taken
from the facility at CCSWDC to the Meyer & Gabbert stagrng
"i.uloot"
d atl Northeast (^) lrighway 70, (^) Arcadia,-for (^) disposal. (^) The (^) Meyer d c-"nb"irracility
in Desoto
County was not a permitted facility prior to, or at the time of
the inspection. This is
contrary to Specific Condition 5 in the above-mentioned perrnit, which
sites: .,T1e
prohibitions of F.A.C. 62-7013A0 shall not be violated." Rule
62-701.300(1)(a), Florida
Administrative (^) Code, (^) states that: (^) 'tlo person shall store, process,
or dispose of solid waste
except at a permitted solid waste management facility or a facitity
exempt from permitting
under this chapter." Additionally, this is contrary to Specific
condition 3: trrut states: ,The
owner or operator shall ensure that all waste are disposed
of at an appropriately perrnitted
disposal facrlity, and in accordance with Appendix i of the operation
and Maintenance Manual'" section (^3) ' 1 .0 in the (^) operation (^) Plan states: (^) "App"oEI ioll t, the (^) list of facilities
accepting waste and recyclable materials." Appendix r oftne
operation plan^ states: *C&D
Material can be taken'to Waste ManagementGurCoast Landfil,
the On-Site (^) Class I
Landfill. Note 1: other facilities may be used afrer approvar
by FDEp.',
"More (^) Protection, (^) Less process,,
Printed on reqcled paper.
Colleen (^) M. Castille Secretary (^1 940 0001 7487 )
Marcfr 10, 2005
,feb Bush Governor
CCSWDC Material (^) n."ou"ryftiry
warning Letter No. wL05-0001 swsSswD
2) Department personnel observed Class I material in ihe waste stream during the
November \7r 2004 inspection. These materials were noted in the piles to be
transferred, indicating that the spotting process had already occurred. This is contrary
to Specific Condition 6,a.8, which states: "Unacceptable wastes (for this facility) are all
' wastes other^ than^ C&D^ debris^ and carpet^ padding,^ such as Class I waste and special wastes, and also cailed unauthorized (^) waste and prohibited (^) wastes." This is also contrary to Section
3.I.4 af the^ Operation Plan, which states: "Class I waste materiais are as defined Ln 62-
70L.2AA Definitions(l) 'Ciass I waste'. Class I waste is manually removed." Rule 62-
7AL.7l0(4[a)(2), F.A.C., states that: '? pian to inspect the wastes received by the facility,
that specifies inspection procedures (^) and procedures to handie unauthorized waste."
The activities observed during the Department's fieid inspection and any other activities at your
facility that may be contributing to violations of the above-described statutes or rules should be ceased.
The operation of a facility in violation of state statutes or rules may result in tiability for damages
and restoration, and the judicial^ imposition of civil penalties up to $10,000 per violation per day pursuant
to Sections 403.I4L and 403.161, Florida Statutes. It is typically Department policy to initiate
enforcement action and seek civil penalties in the amount of $12,500 for conditions such as those
described above
You are requested to contact Ms. Lora Ross at the address or telephone number above at (813)
7 44-6100 ext 37 5, within fifteen (15) days of receipt of this Warning Letter to anange a meeting to
discuss this matter. The Department is interested in reviewing any facts you rnay h4ve that will assist in
determining whether any violations have occurred. You rray bring aayone with you to the meeting that
you (^) feel could help resolve this matter. '
Please be advised that this Warning Letter is part of an agency investigation, preliminary to
agency action in accordance with Section 120.57(5), Florida Statutes. We iook forward to your
cooperation in completing the investigation and resolution of this matter.
Sincerely,
|^ r'{
\Susan '{Lora PeIz,^ P.E.^ Itr,^ FDEP
Ross, E.S. I FDEP
StephaniePetro, E.S. Itr, FDEP Steve Morgan, Fng.^ Itr, FDEP
Page
A
Director
Meyer & GabbertMnf (^) - nufe na Warning Lener No. WL05-000ZSW58SWD
n ,{Susan Pelz, P.E.^ III,^ FDEP
'lLora Ross.^ E.S.^ I^ FDEP
Stephanie Petro, E.S.^ Itr, FDEP Steve Morgan, Eng. III, FDEP
Page
3) Departrnent personnel^ observed spi[,ed oil in the maintenance area during the
November 412004,^ and the May 27,2004 inspections. This is contrary to Section 6.0 of the
Operation Plan, which states: "Any spilled oil or fluids are collected by catch pans atrd
deposited in^ the^ appropriate container."
The activities^ observed^ dwing^ the^ Department's^ field^ inspection^ and any other^ activities^ at^ your
facility that may be conffibuting to violations of the above-described statutes or rules should be^ ceased.
The operation of a facility in violation of state statutes or rules may result in liability for damages
and restoration, and the^ judicial^ imposition of civil penalties^ up to $10,000 per^ vioiation per^ day pursuant
to Sections 403.141 and 403.L61, Florida Statutes. It is typically Department policy to initiate
enforcement action and^ seek^ civil^ penalties^ in the amount of $19,500 for conditions such as^ those
described above
You are requested to contact Ms. Lora Ross at the address or telephone number above at (813)
744-6100 ext375, within fifteen (15) days of receipt of this Warning Letter to anange a meeting to
discuss this matter. The Department is interested in reviewing any facts you may have that will assist in
determining whether any violations have occurred. You pay^ bring anyone with you to the meeting that
you feel could help resolve this matter.
Please be advised^ that this^ Waming Letter is part of an agency investigation, preliminary^ to
agency action in accordance with Section I2A.57(5), Florida Statutes. We look forward to your
cooperation in completing the.investigation^ and resolution of this matter.
)- Sincerely,
Department of
o
Envi roR mental Protection
Southwest District 3804 Coconut Palm Drive Tampa, Florida 33619
CERTIFIEDMAILTOO1 1940 OO1 7487 9901
RETURN RECEIPT REQUESTED
Mr. Jim Gabbert
Meyer & Gabbert Excavating^ Contractors, Inc
8001 Fruitviile Rd
Sarasota, FL
Subject: Wa:ning I-etter # Wf,05-0003SW14SWD
Pending Permit^ No.^23 1674-001-30/
Meyer & Gabbert-^ L4662 Northeast HWY 70 C&D Disposal Facility
Desoto County
Dear Mr. Gabbert:
The purpose of this letter is to advise you of possible violations of law for which you rnay be
responsible, and to seek your cooperation in resolving the matter. Based on the Department's
review of permitting filos on January 19 , 2005, a site inspection on January 20, 2005, and the
letter received Janualy 25 , 2005 , from Meyer & Gabbert, violations of Florida Statutes .and Rules
may exist at the abovg-mgntioned facility. Department of Environmental Protection personnel
observed the following at the above-described facility:
Deparfuent personnel^ requested Waste Quantity Reports on December 112004, which
were received on^ January 10, 2005. These reports indicate that since at least September
2004, C&D material from the Meyer & Gabbert facility located at 8001 Fruitville Rd,
Sarasotal and the Sarasota Central MRF, Iocated at 4000 Knights Trail Rd, Nokomis,
was being sent^ to the Meyer & Gabbert staging area locatedat[4662 Northeast
Highway 70,^ Arcadia, for disposal. The Meyer & Gabbert facility in Desoto County was
not a permitted facility prior to, or at the time of the letter. This is contrary to Rule
62-70L.300(1Xa), Florida Administrative Code (F.A.C.),^ which states: "No person
shall store, process, or dispose of solid waste except at a permitted solid waste
management facility or a facility exempt from permitting under this chapter."
A review of Department files on January L9r2005, and the January 2012005
inspection, revealed that the above-mentioned facility had not yet provided
Financial Assurance Documents for the approved closure costs.prior to
acceptance of waste. This is contrary to Rule 62-70L,730(i 1Xa), F.A.C., which
states: "The owner or operator of an off-site construction and demolition debris
disposal facility shall provide the Departrnent with proof of financiai assurance issued
in favor of the State of Florida in the amount of the closing and long-term care cost
estimates for the facility. This proof, along with the closing and long-term care cost
estimates, shall be submitted to the Department as part of the permit application for
the facility"
"More (^) Protection, (^) Less Process"
Printed on recycled paper.
Colleen (^) M. Castille Secreary
March 10, 2005
Jeb Bush Governor
Memorandum
rta" Department (^) of Environmental Protection
TO:
FROI{/THROUGH: (^) William Kutash, Environmental Administrator (^) 4 t I f
Susan Pelz, (^) Program supervisor 4i {(1t1"-
Stephanie Petro Environmental Specialist III Uh Eltto:
DATE: (^) August 9,
^ \
FILE NAME: Meyer and Gabbert Excavating Contractors,Inc. OGC FILE# 05-
PROGRAM: Solid Waste (^) COUNTY: Sarasota, Desoto
TYPE OF DOCUMENT:
ENFORCEMBNT/COMPLTANCE COVEn MEMO
Deborah A. Getzoff, Director of District Managemgrrry
*l (^) q
James (^) Cleary, Asst. Director of DistrictManaeenfu/f- I
William (^) Kutash, Program Administrator (^) I OGC
WARNING
DRAFT
FINAL ORDER
oR FK,*$L',. (^) 'x
'
Nov
CASE REPORT CONSENT ORDER
s37,
POTENTIAL FOR HARM:
$37,OOO COST^ AND^ EXPENSES:
PENALTY AUTHORIZATION (^) SHORT FORM CONSENT ORDER x,
NOTE: This Short Form Consent Order settles three penalties for three Warning Letters that were issued to
the same Respondent for three different facilities.
BRIEF DBSCRTPTION OF VIOLATION:
Warning Letter #WL05-0001SW58SWD (CCSWDC Materials Recovery Facility) for disposing of
solid waste at an un-permitted facility and unacceptable waste.
Warning Letter #WL05-0002SW58SWD (Meyer & Gabbert 8001 Fruitville Road MRF) for disposing
of solid waste at an un-permitted facility and failing to comply with Operation Plan.
Warning Letter (^) #WL05-0003SW14SWD (Meyer (^) & Gabbert Hwy 70 C&D Disposal Facility) for
disposing of solid waste without a permit, failing to obtain Financial Assurance, and failing to provide
certification.
SUMMARY OF CORRECTM ACTIONS: Payment of penalty in four installments; l" payment of
$9,625 was paid on August 5,2005.
PENALTY SUMMARY:
ELRA PENALTY
EXTENT OF DEVIATION:
PENALTY AMOUNT: $1,
TOTAL PENALTY AMOUNT: $38,500 APPROVED BY SECRETARY: No*
* This penalty is a combination of three penalties that were all below $25,000.
Department of
Environmental Protection
Southwest District 3804 Coconut Palm Drive Tampa, Florida 33619
JuIy 21,^2005
CERTIFIEDMAILT002 3150 0003 8464 0221
RETURN RECEIPT REQI.]ESTED
Meyer & Gabbert Excavating Contractors,Inc.
Mr. Leonard Meyer and Mr. Jim Gabbert
8001 Fruitville Road
Sarasota, Florida 34240
AtY
Jeb Bush Governor
Colleen M. (^) Castille Secretary
RE: Proposed Settlement of
Warning Letter #WL05-0001SW58SWD for CCSWDC Materials Recovery Facility
Warning Letter #WL05-0002SW58SWD for Meyer & Gabbert (^) - 8001 Fruitville Road
Warning Letter #WL05-0003SW14SWD for Meyer & Gabbert Hwy 70 C&D Di
OGC File No.: 05-
Dear Mr. !!'i,
Meyer and Mr. Gabbert:
The purpose of this letter is to complete the resolution of the matter previously identified by. theii'-
Department in the Warning Letters dated March 10, 2005, copies of which are attached. The correctivd',-:-,
actions required to bring your facility into compliance have been performed. The Department finds that you
are in violation of the rules and statutes cited in the attached Warning Letters. In order to resolve the matters
identified in the attached Warning Letters, you are assessed civil penalties in the amount of $37,000, along
with $1,500 to reimburse the Department costs, for a total of $38,500.
The civil penalty in this case includes five violations of $2,000.00 or more.
The Department acknowledges that the payment of these civil penalties by you does not constitute an
admission of liability. This payment must be made payable to the Department of Environmental Protection
by cashier's check or money order and shall include the OGC File Number assigned above and the notation
"Ecosystems Management and Restoration Trust Fund." Payment shali be sent to the Department of
Environmental Protection, 3804 Coconut Palm Drive, Tampa, Florida 3's619-1352. The payment shall be
rnade in four equal quarterly installment payments of $9,625 in accordance with the following schedule: the
first payment shall be due August 15,2005, the second payment shall be due November 15, 2005, the third
payment shall be due February 15,2006, and the fourth (final) payment shall be due May 15,20M. Failure
to timely make any installment payment will allow the Department, at its discretion, to accelerate the
balance, which will become immediately due.
Your signing this letter constitutes your acceptance of the Department's offer to resolve this matter
on these terms. If you elect to sign this letter, please return it to the Department at the address indicated
above. The Department will then countersign the letter and file it with the Clerk of the Department. When
the signed letter is filed with the Clerk, the letter shall constitute final agency action of the Department,
which (^) shall be enforceable pursuant (^) to (^) Sections 120.69 and 403.121. Florida Statutes.
"More (^) Protection, Less Process"
Printed on recycled poper.
0q
