Consent agreement - 2001-02-07


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Consent agreement - 2001-02-07

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Title:
Consent agreement - 2001-02-07
Publication Date:
Language:
English
Physical Location:
Box 2

Subjects

Subjects / Keywords:
Ranchers -- Law and legislation -- Florida
Okeechobee, Lake (Fla.) ( lcsh )

Record Information

Source Institution:
University of South Florida
Holding Location:
University of South Florida
Rights Management:
The University of South Florida Libraries believes that the Item is in the Public Domain under the laws of the United States, but a determination was not made as to its copyright status under the copyright laws of other countries. The Item may not be in the Public Domain under the laws of other countries.
Resource Identifier:
035069031 ( ALEPH )
981477171 ( OCLC )
L41-00050 ( USFLDC DOI )
l41.50 ( USFLDC Handle )

USFLDC Membership

Aggregations:
University of South Florida
Lorida

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Book

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PAGE 1

FEB-e-8-2001 0 7:32 SFlJMD F!EG 1 561 682 6896 P.02/ 1 9 SOUl'H FI.ORIDA WATER l\ti.NAGEMENT DISTRICT 3'301 CW"I Club l(~d, West Palm ee.tch, Florida ,3406 • (Y>l) 686-88!)0 • FL WATS H00-432-2045 • TDD (561) 697-2Sn Mlilinr. Addrc5.\: P.O. So" ~-1680, W<:st P.Ail"I\ &~,h, FL 3~16--4680 • www.slwmd.go, CON 24-06~04 February 7, 2001 Haynes E. Williams 208 North Parrot Avenue Okeechobee, Florida 34972 Dear Mr. Wiltiams: Subject: Consent Agreement: Okeechobee Ranch Okeechobee County. Florida Sec. 8/Tv.,p. 34S/Rge. 34E. Enclosed is the Consent Agreement settling the outstanding enforcement issues regarding the Okeechobee Ranch violation. Please read the entire original document and sign your name on page 9 and return the entir~ executed document to this office by February 14, 2001. Final agency action regarding this matter will then be scheduled as a regulatory consent agenda item at the February 15, 2001 Governing Board Meeting. Upon execution of the Consent Agreement by the District, you will be sent a complete executed copy. Should you have any Questions or comments regarding the Agreement. please contact me at 1-800-2045 x6922 or 561-682-6922 . Your prompt attention and cooperation l n this matter is appreciated. Sincerely, Jeffrey Rosenfeld Senior Supervising Hydrogeologist Water Use Department Mich,,d ColliM1 CJmirn,m1 v._m• M. C.utcr t,kolt1i J. Gutkm::i;, fr . M id1u1i:I D. Mintcir., Vii'J? Cl1J1imw1 GPrudo I:\. Fm"l..'il\de:t Hatkl~y R. Thornton Frank R Fint:h, P . E., C l'c~ur; n: D i t \ 'W.'r ,1:ame!i E . Slount, 01 i,.!j ,ij S u !'f

PAGE 2

, FEB-08 2001 0 7 : 3 3 SFWMD REG 1 5 61 682 6896 P.03 / 1 9 BEFORE THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a public corporation, complainant, vs. HAYNES E. WILLIAMS, Respondent CONSENT AGBEeMENT ORDER NO. This Consent Agreement is entered into between the Complainant, SOUTH FLORIDA WATER MANAGEMENT DISTRICT ("District") and the Respondent , Haynes E. Williams ( g Respondent'') by mutual consent, without trial or adjudication of any issue of fact or law. FINDINGS OF FACT The District and Respondent stipulate to the following Findings of Fact 1. The District is a public corporation of the State of Florida existing by virtue of Chapter 25270 , Laws of Florida, 1949, and operating pursuant to Chapter 373. Florida Statutes (F.S.), and Ti t le 40E, Florida Admi nistrative Code (F.A.C.), as a multipurpose water management district with its principal office at 3301 Gun Club Road, West Palm Beach, F lorida 33406. 2. Haynes E. Williams (Respondent) is the owner of the Property, located in Sect i on 8 , Township 34 South, Range 34 East, in Okeechobee County, Florida , ( " Property '). The Property is depicted on the location map attached hereto as Exhibi t ' A 1

PAGE 3

• FEB-08-2001 07: 33 SFWMD REG 1 561 682 6896 P.04 / 19 and incorporated herein by reference. Mr. Williams' mailing address is 208 North Parrott Avenue, Okeechobee, Florida 34972. 3. Respondent has one unpermitted commercial water w.;11 located adjacent to unpermitted sod fields on the Property . 4. Respondent is not licensed by the State of Florida to install commercial water wells in the State of F lorida. 5 . Respondent did not obtain a water well construction permit prior to the installation of the well located adjacent to the sod fields on the Property. 6. Respondent did not obtain a consumptive use permit prior to in.itiating well water withdrawals from the well located adjacent to the sod fields on the P roperty. 7. On January 17, 2000. District staff conducted an inspection of the Property. During this inspection, District staff documented that one unpermittad water well exists on the property and that water withdrawals from this well have been made. 8 . A Notice of Violation was issued on January 24, 2000 to the Respondent, regarding the unauthorized activities described hereto. (Exhibit B). 9. The specific terms of the proposed settlement include: a) Respondent shall, within thirty (30) days of the effective date of this Consent Agreement, plug and abandon the unpermitted irrigation well pursuant to Rule 40E-3.531, F.A.C.; b) Payment of one thousand dollars ($1,000.00) in civil penalties for constructing a commercial water well without a vali d water well drillers license from the State of Florida on the Property, pursuant to the fines 2

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• FEB-08-2001 07:34 SFWMO REG 1 551 682 5895 P.05/ 1 9 established in the Florida Unified Citations Dictionary for Water Well Construction; c) Payment of two hundred and fifty dollars ($250 . 00) in civil penalties for not obtaining a water well construction permit prior to t~1e installation of a commercial water well on the Property, pursuant to the fines established in the Florida Unif!ad Citations Dictionary for Water Well Construction; d) Payment of four thousand eight hundred and seventy five dollars ($4875.00) in civil penaJties for use of the unpermitted commercial water well prior to obtaining a consumptive use permit for the Property; e) Obtain a consumptive use permit prior to any further water withdrawals on the Property, ULTIMATE FACTS AND CONCLUSIONS OF 1,AW 10. The District alleges that the Respondent violated District rules by illegally installing a commercial water well without obtaining a valid Florida water well drillers license (Section 373.323, Florida Statutes), or a water well construction permit (Rule 40E-3.041 Florida Administrative Code), and beginning withdrawals of water on the Property without prior issuance of a consumptive use permit (Section 373.219, Florida Statutes). 11. Pursuant to Section 373.323, F.S., "when a water management d istrict has probable cause to believe that any person not licensed as a water well contractor has violated any provision of this part or any statute that relates to the construction, repair, or abandonment of water wells, or any rule adopted pursuant thereto, the water management district may issue and deliver to such person a notice to cease and desist from such 3

PAGE 5

FEB-08-2001 07:34 SFLJMD REG 1 561 682 68% P.06/19 violation." Pursuant to Rule 40E-3.041, F.A.C., "unless expressly exempt by law or District rule, a well construction permit must be obtained from the District prior to the construction , repair or abandonment of any well within the District." Pursuant to Section 373 .219, F.S., "the governing board or the department may require such permits for consumptive use of water and may impose such reasonable conditions as are necessary to assure that such use is consistent with the overall objectives of the district or department and Is not harmful to the water resources of the area." 12. The District may enfore& its permits and orders pursuant to Chapters 373 and 120, F.S., by maintenance of appropriate actions and may recover a civil penalty for each offense in an amount net to exceed Ten Thousand Dollars ($10,000.00) per offense, with each date du_ring which such violation occurs constituting a separate ottense. The District may further recover investigative costs, court costs and reasonable attorney's tees. 13. Without admitting liability. the Respondent has provided the District with reasonable assurances of good faith by entering into a Consent Agreement with the District in return for the District not initiating judicial or enforcement action for the alleged unpermrtted activities described above. The Respondent agrees that all factual and legal matters, alleged herein and/or agreed to herein and/or which provide the basis for this Consent Agreement, (including all terms, provisions and matters referred to in the 11Findings of Fact" and/or "Ultimate Facts" and •conclusions of Law" sections), shall not be contested in any subsequent legal proceeding(s) which may be brought to enforce the terms of this Consent Agreement. 14. The District is authorized to enter into agreements pursuant to Section 373.083, F.S. 4

PAGE 6

, F EB-08-2001 07: 3 5 SFWMD REG 1 561 682 6 8 96 P.07 / 1 9 15. The Governing Board has authorized the Executive Dir ector , or his designee, to execute this Consent Agreement. THEREFORE, having reached a resolution of this matter, the District and the Respondent mutually agre~ and it is ordered that; ORD~R , 6. Respondent shall withi n thirty (30) days of the effective dat e of this Consent Agreement, plug and abandon the illegal irrigation well located on the Property pursuant to Rule 40E.531, F.A.C. and the ResPondent shall cease all unauthor i zed w i thdrawa l s on the Property until the District issues proper authority for such withdrawals. 17. Respondent shall, upon reasonable notice and during regular working hours, grant District representatives, along with any vehicles and equipment, who present appropriate credentials , access to the premises for the purpose of sampling, photographing, videotaping, monitoring and/or determining complianoa with the terms of this Consent Agreement, Chapter 373, F.S., and/or the Rules of the D i str ict. 18. Respondent shall, in settlement of the allegat i ons alleged in this Consent Agreement. pay a civil penalty in the amount six thousand one hundred and twenty five dollars ($6, 125 . 00) which amount shall be paid by cashiers check or money order and tendered to the D i strict via U.S. Maif or hand-delivery at th& following address : South Florida Water Management District, 3301 Gun Club Road1 Post Office Box 24680, West Palm Beach, FL 33416-4680, Attn: Rudy Smith, Senior Regulat ory Supervisor, Environmental Resource Regulation Division within thirty (30) days from t h e date of t he effective date of this Consent Agreement. Respondent agrees that these amounts are 5

PAGE 7

FEB-08-2001 07 : 35 SFl,._IMD R E G 1 561 682 6895 P .08/ 1 9 reasonable and shall not contest them in any subsequent action regarding this Consent Agreement. 19 . This Consent Agreement shall not constitute an admission of liabil i ty on the Respondent's behalf . GEN~BAL eaov1s10NS 20. The District hereby expressly reserves the right to petition for judicial enforcement of the terms of this Consent Agreement. In such event. the Respondent and its successors and/or assigns in interest shall not contest or deny any fact, legal conclu!iotl , or any other matter or fact set forth in this Consent Agreement including tha Findlngs of Fact, Ultimate Facts and Conclusions of Law set forth herein. If the Dis t rict successfully petitions or sues for enforcement of this Consent Agreement, the Respondent, its heirs, successors and/or assigns hereby agree to and shall pay all attorn&ys1 fees, (including, but not limited to, the fair market value of in house counsel fees , as 1f pertormed by out.side or private counsel, court costs and any other damages sustained by the District) . In addition I the District hereby expressly reserves the right to ini tiate appropriate legal action to prevent or prohibit the future violation of applicable statutes or the rules promulgated thereunder, or to alleviate an immed i ate serious danger to the public health, safety or welfare. 21. Failure to comply with this Consent Agreement shall constitute a violation of Chapter 373, F.S., and enforcement proceedings may be brought in any appropriate administrative or judicial forum. 6

PAGE 8

FEB-08-2001 07:35 SFl.,.JMD REG 1 561 682 6896 P.09/1 9 22. This Consgnt Agreement shall take effect after adoption by and execution on behalf of the Governing Board of the District, when the Consent Agreement is filed with and acknowledged by the Clerk of the District immediately thereafter, and shall remain in full force and effect until its terms and conditions are completed to the satisfaction of the District. The requirements of this Consent Agreement shall bind and inure to the benefit of the successors and assigns of the Respondent, except as modified by the parties hereto. In addition, prior to any sale: transfer, conveyance or lease of the Property, the Respondent shall provide a copy of this Consent Agreement to any prospective successor in interest. Additionally, the Respondent shall provide notification to the District of the sale, transfer or conveyance of the Property. 23. Respondent hereby waives the right to request an administrative hearing on the terms of this Consent Agreement under Sections 120.569 and 120.57, F.S .. and its right to appeal this Consent Agreement pursuant to Section 120.68 F. S. 24. Entry of this Consent Agreement does not relieve the Respondent of the need to comply with all applicable federal, state or local laws, regulations, or ordinances, including any District permitting requirements. Also, the Consent Agreement does not give the Respondent the authority to conduct any activities on the Property which are under District jurisdiction without first obtaining District authority. 25. Respondent is fully aware that a violation of the terms of this Consent Agreement may subject the Respondent to judicial imposition of damages. civil penalties up to Ten Thousand DolJars ($10,000.00) per offense per day, costs and criminal penalties. 7

PAGE 9

FEB-08-200 1 07:35 SFtJMD REG 1 561 682 6896 P . 10 / 19 26. Persons who are not parties to this Consent Agreement, but whose substanti~i interests maybe affected by this Consent Agreement, may have a right to petition this Consent Agreement. A notice of rights is attached and incorporated as Exhibit C. 27. This Consent Agreement is a final order from the District, pursuant to Section 120 . 52(7), F.S., and is final and effective on the date filed with the Cferk of the District unless a petition for administrative hearing is filed in accordance with Chapter 120 , F.S., or any other applicable state law. Upon the timely filing of a petition, the Consent Agreement will not be effective until further order from the District. 8

PAGE 10

FEB-08-2001 07:35 SFWMD REG 1 561 682 6896 P . 11 /19 DONE AND SO ORDERED at West Palm Beach, Palm Beach County, Florida, thi s ___ day of ____ _., 2001. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY rrs GOVERNING BOARD BY: ------------Deputy Executive Director ATTEST: By:------------Assistant Secretary RESPONDENT BY: ___________ _ ATTEST: BY: ----------------9

PAGE 11

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