Fla. Admin. Code Ann. R. 40E-1.711 - Orders of Corrective Action and Consent Orders
(1) Orders of Corrective Action.
(a) An order of corrective action may
accompany and be served with an administrative complaint upon an alleged
violator pursuant to Rule
28-106.2015, F.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
120.57, F.S., administrative
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.
(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.
(2) Consent Order.
(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
120.57, F.S., administrative
hearing, and shall be enforced in like manner.
(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.
(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 40E-0.109,
F.A.C.
(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.
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