Subject:
Title
Consideration and Approval of Proposed Consent Order Issued by Florida Department of Environmental Protection (FDEP) Regarding Certain Activities Conducted by the County to Improve Drainage within the Pelican Creek Outfall/Old Causeway Outfall (the Old Causeway Outfall ditch) (District 2)
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Fiscal Impact:
Estimated $100,000.00. Costs associated with restoration actions, maintenance for duration of consent order, and potential re-planting of mangroves in designated areas, as needed. If the consent order is not approved by the Board, the County is likely to incur costs associated with defending against the enforcement action if initiated by FDEP and the risk of incurring potential fines and costs for completing, at a minimum, the restoration actions, maintenance, and re-plantings identified above.
Dept/Office:
Public Works
Requested Action:
Recommendation
It is requested that the Board of County Commissioners consider and approve the proposed consent order issued by FDEP and authorize the Public Works Department Director to sign the consent order and any necessary amendments or related documents thereto, subject to review and approval by the County Attorney's Office and Risk Management.
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Summary Explanation and Background:
The Mangrove Trimming and Protection Act (Sections 403.9321 - 403.9333, Florida Statutes) establishes standards and criteria for trimming and/or altering mangroves. Failure to adhere to these standards can result in FDEP issuing a notice of violation, which can lead to enforcement action and civil penalties. As an alternative to enforcement action, FDEP and a respondent may enter a consent order effectively operating as a stipulated settlement agreement, allowing the respondent to address the allegations and avoid additional penalties and fines if the necessary work is completed in accordance with the terms and conditions of the consent order.
In this case, the County conducted certain maintenance activities along the O...
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