224-Florida Department of Environmental Regulation
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DEPAr<T....ENT OF ENVIRONMEN-. r\L I\~EGULATION
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STATE OF FLORIDA
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ST. JOHNS RIVER DISTRICT
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BOB GRAHAM
GOVERNOR
VICTORIA J TSCHINKEL
SECRETARY
A, ALEXANDER.
DISTRICT MANAGER
3319llAAGUIRE BOULEVARD
SUITE 232
ORLANDO. FLORIDA 32803-3767
["lay 17,1985
Frank A. Faison, City Manager
City of Sanford
?ost Office Box 1773
Sanford, Florida 32772-1778
OSJ-m'1-85-0503
Dear Mr. Faison:
Se~inole County D~
City of Sanford
This will serve to acknowledge receipt of your May 14, 1985 letter
in response to our May 7, 1985 meeting.
'.H trl respect to the CSO removal, we will accept your proposed
sChejule, however as discussed, it will be necessary to enter into
d Consent Order with the department, to insure that construction
starts ~n June 1, 1993 and is co~plete by December 30, 1995. This
will be binding on future city officials and the department. We
will draft the Consent Order and forward it to you for pro?er
signature.
~ith respect to the other schedules provided, please be advised
that the schedules are unacceptable. The City of Sanford applied
to the departmant for a wastewater treatment Temporary Operating
Permit on September 7, 1984: the application was advertised in the
Sanford Herald on December 3, 1984, and a permit was granted on
January 9, 1985. The application contained a compliance schedule
which was adopted in the permit and ends with a compliance date of
December 30, 1987, at which time the permit expires. The schedule
also includes additional dates for compliance milestones including
start of construction on September 1, 1986.
This Temporary Operating Permit is a valid permit and we exrect
comtJliance.
Exhibit 1.
Protecting Florida and Your Quality of Life
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Frank A. Faison, City Manager
Page Two
OSJ-DW-85-0503
i-lay 17, 1985
~e trust that this clarifies any misunderstanding which there may
have been following our meeting.
E.
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AA/wb'N
cc: Richard Smith
Conklin, Porter and Holmes - Engineers, Inc.
Bill Colbert - City Attorney - City of Sanford
B. J. Owens, Esquire-DER-Tallahass22
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DER CER~lFIRD ~~L NO. P-677-618-547
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
CITY OF SANFORD
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OGC No. 85-0613
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION
v.
CONSENT ORDER
This Consent Order is made by and entered into between the
City of Sanford and State of Florida Department of Environmental
Regulation (DER).
The DER finds and the City admits that:
1. The DER is an administrative agency of the State of
Florida charged with the duty to protect the air and water
resources of the State of Florida and to administer and enforce
the Florida Air and Water Pollution Control A, Chapter 403,
Florida Statutes, and the rules promulgated thereunder in Title
17, Florida Administrative Code.
2. The City of Sanford owns and maintains a combined storm-
water-sanitary sewer system with weirs which allows wastewater to
discharge directly into Lake Monroe without treatment under cer-
tain storm conditions.
3. Sanford and the DER have resolved the issues between
them regarding the combined sewer overflow (CSO), the results of
which are incorporated into this Consent Order.
The City of Sanford and the DER do mutually agree, and
IT IS ORDERED that:
4. Sanford shall construct the combined sewer overflow
corrections in conformance with the department letter dated May
17, 1984, from A. Alexander, District Manager, to Frank S.
Faison, Sanford City Manager, attached as Exhibit 1, and in
accordance with Chapter 403, Florida Statutes, and Rules 17-3,
17-4, and 17-25, Florida Administrative Code.
5. The City of Sanford shall construct the combined sewer
overflow corrections in conformance with the following specific
conditions:
a. Construction of the modifications to the combined sewer
overflow shall begin no later than June 1, 1993.
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"NOTICE OF AGENCY ACTION"
The Department of Environmental Regulation gives notice of Agency
Action of entering into a Consent Order with the City of Sanford pursu-
ant to Florida Administrative Code Rule 17-1.58. The Consent Order ad-
dresses a schedule for removal of combined sewer overflow from Lake
Monroe.
Persons whose substantial interests are affected by the above pro-
posed agency action have a right, pursuant to Section 120.57, Florida
Statutes (F.S.), to petition for an administrative determination (hear-
ing) on the proposed action. The Petition must conform to the require-
ments of Chapters 17-103 and 28-5 'Florida Administrative Code (F.A.C.),
and must be filed (received) with the Department's Office of General
Counsel, 2600 Blair Stone Road, Tallahassee, Florida 32301, within
fourteen (14) days of publication of this notice. Failure to file a
petition within the fourteen (14) days constitutes a waiver of any
right such person has to an administrative determination (hearing)
pursuant to Section 120.57, F.S.
If a petition is filed, the administrative hearing process is de-
signed to formulate agency action. Accordingly, the Department's final
action may be different from the proposed agency action. Persons whose
substantial interests will be affected by any decision of the Depart-
rnent have the right to intervene in the proceeding. A petition for
intervention must be filed pursuant to Model Rule 28-5.201, F.A.C., at
least five (5) days before the final hearing and be filed with the
Hearing Officer if one has been assigned at the Division of Administra-
tive Hearings, Department of Administration, 2009 Apalachee Parkway,
Tallahassee, Florida 32301. If no Hearing Officer has been assigned,
the petition is to be filed with the Department's Office of General
Council, 2500 Blair Stone Road, Tallahassee, Florida 32301. Failure to
petition to intervene within the allowed time frame constitutes a
waiver of any right such person has to an administrative determination
(hearing) under Section 120.57, F.S.
The Consent Order is available for public inspection during normal
business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except
legal holidays, at the Department of Environmental Regulation, 3319
Maguire Boulevard, Suite 232, Orlando, Florida 32803.
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b. Construction of the modifications to the combined sewer
overflow shall be complete by December 30, 1995.
6. Sanford shall allow authorized representative. of the DER ac-
cess to the property at reasonable times for purposes of determining
compliance with this Order and the rules of the DER.
7. The DER, for and in consideration of the complete and timely
performance by Sanford of the obligations agreed to in this Consent
Order, waives its right to seek judicial imposition damages or civil or
criminal penalties for any alleged past violations relative to combined
sewer overflows occurring prior to execution by both parties of this
order. Sanford waives its right to an administrative proceeding or
judicial review of the terms of this Consent Order.
8. The DER expressly reserves the right to initiate appropriate
legal action to prevent or prohibit the future violation of applicable
statutes, rules, orders, or permits.
9. The terms and conditions set forth in the Consent Order may
be enforced in a court of competent jurisdiction pursuant to Section
120.69 and 403.121, Florida Statutes. Failure to comply with the terms
of this Consent Order shall constitute a violation of Section 403.161
(l)(b), Florida Statutes.
10. Sanford is fully aware that a violation of the terms of this
Consent Order may subject it to judicial imposition of damages, civil
penalties of up to $10,000 per day per offense, and criminal penalties.
11. The entry of this Consent Order does not abrogate the rights
of substantially affected persons pursuant to Chapter 120, Florida
Statutes, who are not parties to this Order.
12. Entry of this Consent Order does not abrogate the responsibi-
lities of Sanford to comply with applicable federal, state, local, or
other DER statutes, ordinances, or rules.
13. within ten (10) days of the effective date of this Consent
Order, Respondent shall have the following Notice published in the
legal advertisement section of a newspaper of general circulation in
Seminole County, Florida, and shall have proof of publication provided
directly to the department, at Respondent's expense within seven (7)
days of publication [Rule 17-103.150(3), P.A.C.].
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14. This Consent Order shall take effect upon the date of
filing and acknowledgement by the Clerk of the DER and shall
constitute final agency action by the DER pursuant to Section
120.69, Florida Statutes, and Florida Administrative Code Rule
17-103.110(3) .
DONE AND ORDERED this
in Florida.
,---11
IAAAG
Bettye. . Smith, Mayor
Ci ty o~ S~~
~ day of tf~ , 1985,
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District Manager
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FILED, on this \.:~~tcl. :-=t~; " -;-,J- ~ ". ~ '1 ~\.).:~'? {~-1),
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STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION
St. Johns River District
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