BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION )
v.
CITY OF APALACHICOLA
IN THE OFFICE OF THE NORTHWEST DISTRICT
OGC FILE NO. 26-0447
CONSENT ORDER
This Consent Order (Order) is entered into between the State of Florida Department of
Environmental Protection (Department) and City of Apalachicola (Respondent) pursuant to Section 120.57(4), Florida Statutes (F.S.), to settle certain matters at issue between the Department and Respondent.
The Department finds and Respondent admits the following:
1. The Department is the administrative agency of the State of Florida having the power and duty to protect Floridas air and water resources and to administer and enforce the provisions of Chapter 403, F.S., and the rules promulgated and authorized in Title 62, Florida Administrative Code (F.A.C.). The Department has jurisdiction over the matters addressed in this Order.
2. Respondent is a person within the meaning of Section 403.031(9), F.S.
3. Respondent is the owner and is responsible for the operation of the City of Apalachicola Wastewater Treatment Facility (WWTF), a 1.00 MGD annual average daily flow (AADF) advanced wastewater treatment facility with effluent disposal to 1.00 MGD AADF slow~rate public access system (Facility). The Facility is operated under Wastewater Permit
No. FLA038857 (Permit), which was issued on May 2, 2022, and will expire on May 1, 2027.
The Facility is located on US Highway 98, South of Apalachicola Airport, Apalachicola, FL
32320, Parcel ID Nos. 09-09S-08W-
0000-0020-0000
and 04-09S-
08W-0000-0050-0000, in Franklin County, Florida (Property). Respondent owns the Property on which the Facility is located.
a. No later than December 31, 2030, Respondent shall complete construction of the Facility improvements authorized by the Permit Revision and place them into service.
b. Within 30 days after completion of the construction under paragraph
10.a, Respondent shall submit to the Department a Certification of Completion, prepared and sealed by a professional engineer registered in the State of Florida, stating that modifications to the Facility, effluent disposal system, and new reclaimed water reuse system have been constructed in accordance with the provisions of the Permit Revision.
11. Until the headworks replacement is complete and placed into service,
Respondent shall continue to monitor the headworks for signs of further damage, separation, deterioration, etc., and shall conduct annual structural integrity inspections of headworks to confirm the structure remains suitable for use. If further headworks deterioration or disrepair is noted, Respondent shall submit to the Department within 30 days a plan to obtain an evaluation by a licensed engineer and perform corrective action to maintain the integrity of the structure.
12. Every quarter after the effective date of this Order and continuing until all corrective actions have been completed, Respondent shall submit to the Department a written report containing information about the status and progress of projects being completed under this Order, information about compliance or noncompliance with the applicable requirements of this Order, including construction requirements and effluent limitations, the condition of the headworks as evaluated by paragraph 11, above, and any reasons for noncompliance.
These reports shall also include a projection of the work Respondent will perform pursuant to this Order during the 12-month period which will follow the report. Respondent shall submit the reports to the Department within 30 days of the end of each quarter.
13. Respondents completion of all corrective actions required by paragraphs 10, 11, 14-15, and 29 within the respective deadlines specified thereunder shall constitute full compliance with Chapter 62-620 and 62-600, F.A.C.
Respondent shall, at least 30 days prior to the sale or conveyance of the Facility or Property, (a) notify the Department of such sale or conveyance, (b) provide the name and address of the purchaser, operator, or person(s) in control of the Facility, and (c) provide a copy of this Order with all attachments to the purchaser, operator, or person(s) in control of the Facility.
20. If any event, including administrative or judicial challenges by third parties unrelated to Respondent, occurs which causes delay or the reasonable likelihood of delay in complying with the requirements of this Order, Respondent shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of Respondent and could not have been or cannot be overcome by Respondents due diligence. Neither economic circumstances nor the failure of a contractor, subcontractor, materialman, or other agent (collectively referred to as contractor) to whom responsibility for performance is delegated to meet contractually imposed deadlines shall be considered circumstances beyond the control of Respondent (unless the cause of the contractors late performance was also beyond the contractors control), Upon occurrence of an event causing delay, or upon becoming aware of a potential for delay, Respondent shall notify the Department by the next working day and shall, within seven calendar days notify the Department in writing of (a) the anticipated length and cause of the delay, (b) the measures taken or to be taken to prevent or minimize the delay, and (c) the timetable by which Respondent intends to implement these measures. lf the parties can agree that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable control of Respondent, the time for performance hereunder shall be extended. The agreement to extend compliance must identify the provision or provisions extended, the new compliance date or dates, and the additional measures Respondent must lake to avoid or minimize the delay, if any. Failure of Respondent to comply with the notice requirements of this paragraph in a timely manner constitutes a waiver of Respondents right to request an extension of time for compliance for those circumstances.
21. The Department, for and in consideration of the complete and timely performance by Respondent of all the obligations agreed to in this Order, hereby conditionally unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, F.S.
Upon the timely filing of a petition, this Consent Order will not be effective until further order of the Department.
29. Respondent shall publish the following notice in a newspaper of daily circulation in Franklin County, Florida. The notice shall be published one time only within 30 days of the effective date of the Order. Respondent shall provide a certified copy of the published notice to the Department within 10 days of publication.
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 Consent Order with CITY OF APALACHICOLA pursuant to section 120.57(4), Florida Statutes (F.S.). The Consent Order addresses the inability to perform corrective actions within required timelines at Apalachicola Wastewater Treatment Facility (WWTF), US Highway 98 south of Apalachicola Airport, Apalachicola, FL 32320. 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 Protection, Northwest District Office, 160 W. Government St., Suite 308, Pensacola, FL 32502.
Persons who are not parties to this 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, F.S. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition concerning this Consent Order means that the Departments final action may be different from the position it has taken in the 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
FOR THE RESPONDENT:
Brenda Ash
Brenda Ash
Mayor
May 5, 2026
DONE AND ORDERED this 6th day of May, 2026, in Pensacola, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Elizabeth Mullins Orr
Elizabeth Mullins Orr
Director
Northwest District
Filed, on this date, pursuant to section 120.52, F.S., with the designated Department Clerk, receipt of which is hereby acknowledged.
Rachel Harris
Clerk
Copies furnished to: Lea Crandal, Agency Clerk
Mail Station 35
May 6, 2026
May 14, 2026
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