Notice of a 2nd Amended Consent Order regarding environmental violations.

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF CONSENT ORDER
The Department of Environmental Protection (Department) gives notice of agency action of entering into a 2nd Amended Consent Order with SLD Landfill, Inc. pursuant to section 120.57(4), Florida Statutes.  The 2nd Amended Consent Order addresses Department findings of violations concerning off-site objectionable odors and equipment downtime which are disputed by SLD Landfill, Inc., and the failure to obtain National Pollutant Discharge Elimination System (NPDES) permits at 30199 Zemel Road, Punta Gorda, in Charlotte County, Florida.  The 2nd Amended 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 Protection, South District, 2295 Victoria Avenue, Suite 364, Fort Myers, FL 33901.  
Persons who are not parties to this 2nd Amended Consent Order, but whose substantial interests are affected by it, have a right to petition for an administrative hearing under sections 120.569 and 120.57, Florida Statutes.  Because the administrative hearing process is designed to formulate final agency action, the filing of a petition concerning this 2nd Amended Consent Order means that the Departments final action may be different from the position it has taken in the 2nd Amended Consent Order.   
The petition for administrative hearing must contain all of the following information: 
a. The name and address of each agency affected and each agencys file or identification number, if known;
b. The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioners representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioners substantial interests will be affected by the agency determination;
c. A statement of when and how
the petitioner received notice of the agency decision;
d. A statement of all disputed
issues of material fact. If there are none, the petition must so indicate;
e. A concise statement of the
ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agencys proposed action;
f. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agencys proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and
g. A statement of the relief
sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agencys proposed action.
The petition must be filed (received) at the Departments Office of General Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399 3000 or received via electronic correspondence at Agency_Clerk@floridadep.gov, within 21 days of receipt of this notice.  A copy of the petition must also be mailed at the time of filing to the District Office at Department of Environmental Protection, South District Office, 2295 Victoria Avenue, Suite 364, Fort Myers, FL 33901.  Failure to file a petition within the 21-day period constitutes a persons waiver of the right to request an administrative hearing and to participate as a party to this proceeding under sections 120.569 and 120.57, Florida Statutes.   Within 10- days after filing a petition, a person whose substantial interests are affected by this 2nd Amended Consent Order may choose to  pursue mediation as an alternative remedy under section 120.573, Florida Statutes.  Choosing mediation will not adversely affect such persons right to an administrative hearing if mediation does not result in a settlement.  Additional information about the mediation process and procedure is provided in section 120.573, Florida Statutes and Rule 62-110.106(12), Florida Administrative Code.
Publish: 04/06/26
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