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Wednesday, November 14, 2007

Marco Island Governance Found in Violation of Environmental Laws

Note: Despite receiving this directive five days ago, today, the present governance ignores the letter and the dewatering continues as of this morning Nov. 14, 2007. The video, photographic and research evidence put forth herein was and is the basis for action.

SENT VIA ELECTRONIC MAIL

November 9, 2007


Mr. A. Rony Joel, P.E.
Public Works Director
City of Marco Island
50 Bald Eagle Drive
Marco Island, Florida 34145

Email: RJoel@cityofmarcoisland.com

RE: Collier County-DW

Marco Island
Dewatering site(s)

Dear Mr. Joel:

Our records indicate that you may be in violation of Chapter 403, Florida Statutes and the rules promulgated thereunder.

The City of Marco Island has discharged water from the dewatering site(s) to surface waters of the state without a permit. Florida Administrative Code Rule 62-620.300 (1) states that no person shall discharge wastes to waters without a permit from the Department, unless exempted by Department rule or statute.

Please submit an application and fee for these dewatering activities. You may qualify for a permit for discharging from Non-Contaminated sites. The requirements for this permit can be found in: Rule 62-621.300(2) , F.A.C. Generic Permit for
Discharge of Produced Ground Water from any Non-Contaminated Site Activity

- Provides specific discharge limits and operation requirements for discharges of produced groundwater from any site activity to surface waters.

The link for this is http://www.dep.state.fl.us/water/wastewater/rules.htm#industrial.

If these activities do not qualify for the above permit please contact this office to determine the type of permit required.

You are advised that any activity that may contribute to violations of the above described statutes and rules should cease immediately. Continued discharges from dewatering activities in violation of state statutes or rules may result in liability for
damages and restoration, and the judicial imposition of civil penalties pursuant to Sections 403.141 and 403.161, Florida Statutes.

Please notify the Department in writing within 15 days as to what actions you intend to take in order to address these deficiencies.

If you have any questions, please do not hesitate to contact Deanna Newburg at (239) 332-6975, ext. 173, Charles Davault at ext. 165, or Keith Kleinmann at ext. 182. Your cooperation is appreciated.

Sincerely,

__________________________
Keith Kleinmann
Environmental Manager
DWF/jli

cc: Elsa Potts
Jon Iglehart
Elijah Fleishauer

=========================================
For the original letter, CLICK HERE.

2 Comments:

  • This comment has been removed by a blog administrator.

    By Anonymous Mario Sanchez, at Wednesday, November 14, 2007 6:51:00 PM  

  • Mr Reed
    > We are in receipt of your letter. Upon cursory review and past direction from the Department we disagree with the assessment that the City of Marco Island may be in violation.
    >
    > Specifically, the contractors are operating under a DEP permit and the City of Marco Island has a permit from SFWMD for dewatering activities.
    >
    > Are all activities statewide being asked to complete this permit application for active dewatering activities? We certainly hope that the City is not being targeted or singled out for some reason. We have been openly communicating about this issue for the past several months with no indication of these requirements. On the contrary we were told no IW permits were needed and DEP was not taking a lead role rather referring permitting concerns to SFWMD.
    >
    > DEP staff have been to the site and observed our activities. At no time was this permit mentioned. As recently as this week, the regulatory compliance manager at SFWMD was on site observing our activities and advised that we are in compliance with the permits.
    >
    > By copy we have submitted the letter for our attorney to review and we would entertain a conference call regarding this matter.
    >
    > A. Rony Joel, P.E., DEE
    > Public Works - Protecting Public Health
    > 239-389-5000
    >
    > ----- Original Message -----
    >
    > Friday, November 09, 2007 12:11:23 PM
    > Message
    > From: "Reed, Philip" < Philip.Reed@dep.state.fl.us>
    > Subject: Marco Island notice of violation
    > To: Rony Joel
    > Cc: "Fleishauer, Elijah" < Elijah.Fleishauer@dep.state.fl.us>
    > "Potts, Elsa" < Elsa.Potts@dep.state.fl.us>
    > "Iglehart, Jon" < Jon.Iglehart@dep.state.fl.us>
    > Attachments: Attach0.html 3K
    > Marco Islanddewaterncl.pdf 90K
    >
    > Attached please find the appropriate document as it relates to the Marco Island Dewatering Sites. Thank you.
    >
    >
    >
    >
    >
    > The Department of Environmental Protection values your feedback as a customer. DEP Secretary Michael W. Sole is committed to continuously assessing and improving the level and quality of services provided to you. Please take a few minutes to comment on the quality of service you received. Simply click on this link to the DEP Customer Survey. Thank you in advance for completing the survey.
    >
    >
    >
    > Mr. A. Rony Joel, P.E.
    > Public Works Director
    > City of Marco Island
    > 50 Bald Eagle Drive
    > Marco Island, Florida 34145
    >
    > Email: RJoel@cityofmarcoisland.com
    >
    > RE: Collier County-DW
    >
    > Marco Island
    > Dewatering site(s)
    >
    > Dear Mr. Joel:
    >
    > Our records indicate that you may be in violation of Chapter 403, Florida Statutes and the rules promulgated thereunder.
    >
    > The City of Marco Island has discharged water from the dewatering site(s) to surface waters of the state without a permit. Florida Administrative Code Rule 62-620.300 (1) states that no person shall discharge wastes to waters without a permit from the Department, unless exempted by Department rule or statute.
    >
    > Please submit an application and fee for these dewatering activities. You may qualify for a permit for discharging from Non-Contaminated sites. The requirements for this permit can be found in: Rule 62-621.300(2) , F.A.C. Generic Permit for
    > Discharge of Produced Ground Water from any Non-Contaminated Site Activity
    >
    > - Provides specific discharge limits and operation requirements for discharges of produced groundwater from any site activity to surface waters.
    >
    > The link for this is http://www.dep.state.fl.us/water/wastewater/rules.htm#industrial.
    >
    > If these activities do not qualify for the above permit please contact this office to determine the type of permit required.
    >
    > You are advised that any activity that may contribute to violations of the above described statutes and rules should cease immediately. Continued discharges from dewatering activities in violation of state statutes or rules may result in liability for
    > damages and restoration, and the judicial imposition of civil penalties pursuant to Sections 403.141 and 403.161, Florida Statutes.
    >
    > Please notify the Department in writing within 15 days as to what actions you intend to take in order to address these deficiencies.
    >
    > If you have any questions, please do not hesitate to contact Deanna Newburg at (239) 332-6975, ext. 173, Charles Davault at ext. 165, or Keith Kleinmann at ext. 182. Your cooperation is appreciated.
    >
    > Sincerely,
    >
    > __________________________
    > Keith Kleinmann
    > Environmental Manager
    > DWF/jli
    >
    > cc: Elsa Potts
    > Jon Iglehart
    > Elijah Fleishauer
    >
    > Bill Moss
    > City Manager
    > bmoss@cityofmarcoisland.com

    By Blogger Mario R. Sanchez, Ph.D., at Wednesday, November 14, 2007 10:13:00 PM  

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