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Florida Administrative Code (Last Updated: April 18, 2024) |
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40. Water Management Districts |
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40E. South Florida Water Management District |
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40E-1. General And Procedural |
1(1) Orders of Corrective Action.
6(a) An order of corrective action may accompany and be served with an administrative complaint upon an alleged violator pursuant to Rule 2828-106.2015, 29F.A.C. An order of corrective action shall include a description of remedial action, with implementation timeframes, and shall, if applicable, set forth any damages, costs of investigation, or other demands that the District is authorized to recover pursuant to Chapter 373 or 403, F.S. Unless a responsive pleading and request for a Section 82120.57, F.S., 84administrative hearing is filed within fourteen (14) days after service of the order of corrective action, the order for corrective action shall become final and effective, and shall constitute a final adjudication of the matters alleged, subject only to judicial review under Chapter 120 or 373, F.S.
131(b) Orders of corrective action, which constitute final agency action, shall be enforceable pursuant to the enforcement provisions in Chapters 373 and 403, F.S.
155(2) Consent Order.
158(a) A consent order is final agency action wherein all parties and the District, by negotiation, have arrived at a resolution of alleged violations of law for the purpose of achieving full and expeditious compliance with Chapters 373 and 403, F.S., and District rules promulgated thereunder. A consent order, executed by all parties to an enforcement action, shall have the same force and effect as a final order entered by the District after a formal Section 234120.57, F.S., 236administrative hearing, and shall be enforced in like manner.
245(b) The resolution of an enforcement action which requires only the payment of civil penalties and costs but no corrective action shall be memorialized by use of a letter agreement. Any other remedial action required, such as mitigation, restoration, or procurement of permits shall be implemented by use of a consent order.
297(c) Upon execution by the Chair of the Governing Board, or a duly authorized designee, and filing by the District Clerk, a consent order shall constitute agency action subject to the provisions of Rule 33140E-0.109, 332F.A.C.
333(3) A non-exempt system which is constructed, operated, altered, maintained, removed or abandoned without a permit shall be restored to its pre-violation condition, unless a permit application for such activity is approved by the District.
368Rulemaking Authority 370120.53, 371373.044, 372373.113 FS. 374Law Implemented 376373.119, 377373.129, 378373.136, 379373.430, 380373.603 FS. 382History–New 5-11-93, Formerly 40E-1.614, Amended 10-3-95, 10-23-12.
