notebook - Southwest Florida Water Management District

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT LITIGATION REPORT
October 2012
(Current status of case is in boldface type)
STYLE/CASE NO. COURT ATTORNEY ACTION DESCRIPTION/STATUS
DELEGATED ADMINISTRATIVE HEARING MATTERS
None for October 2012
OPEN ENFORCEMENT CASES
104 Cases as of September 1, 2012
92_Cases as of October 11, 2012
ENFORCEMENT CASES IN ACTIVE LITIGATION
9 as of October 11, 2012
(Including Administrative Complaints)
3
SWFWMD v.
Copper Ridge
Master
Association, Inc.
SWFWMD v.
Copper Ridge
Master
Division of
Administrative
Hearings
J. Ward Administrative Complaint and
Order
J. Ward Request for Administrative
Hearing
On December 10, 2009, the District received a flooding complaint
from property owners adjacent to the Property. On January 6, 2010
and May 15, 2012, District staff conducted a site inspection and
determined that the surface water management system has not
been properly maintained. Specifically, a swale along the rear of
Lots 14 to 25 (designed to convey stormwater runoff to Pond 5) was
compromised in several locations due to a failure to maintain it,
allowing water to bypass Pond 5 and discharge offsite. By letters
dated February 3, 2010, April 20, 2010 and July 22, 2010, Copper
Ridge Master Association, Inc. (Copper Ridge) was advised of the
need to correct the deviations. On May 6, 2010, the District
received a separate complaint from the owner of another adjacent
property concerning flooding to the east of Pond 7. On May 10,
2010 and May 15, 2012, District staff inspected the site and
determined that the flooding stems from a latent design defect.
Specifically, Pond 7 appears to be failing, causing a point-source
discharge of water on the complainant’s property, a condition which
is inconsistent with pre-development site conditions as well as the
design of Pond 7. By letters dated June 30, 2010 and November 8,
2010, the District advised Copper Ridge of the need to correct the
deviations from permitted design. On January 14, 2011, the District
issued a Notice of Violation advising Copper Ridge that failure to
timely correct the deviations could result in the imposition of
monetary penalties and enforcement costs. No ERP has been
issued by the District authorizing alteration of the system. On June
13, 2012, an Administrative Complaint was issued and Copper
Ridge was served on June 22, 2012.
On July 6, 2012, the District received a Request for Administrative
Hearing on the matter, which was referred to the Division of
Administrative Hearings (DOAH) on July 23, 2012. On August 1,
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