notebook - Southwest Florida Water Management District

swfwmd.state.fl.us

notebook - Southwest Florida Water Management District

STYLE/CASE NO. COURT ATTORNEY ACTION DESCRIPTION/STATUS

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continued to explore settlement negotiations. On November 17,

2011, Permittee requested that the District consider offsetting the

payment of monetary penalties in exchange for the completion of

mandated irrigation system upgrades which would enhance water

conservation and system efficiency at Oakwood. On November 30,

2011, the District proposed a Settlement Agreement to Permittee,

which provides for payment of $2,000 in enforcement costs; and

$4,000 in penalties to the District. As an alternative to paying

$4,000 in penalties, Permittee may elect to implement consumption

reduction-related irrigation system upgrades costing at least $4,000

to assist in reducing total consumption. The cost of the irrigation

system upgrades are required to provide a dollar-for-dollar offset of

the penalties. Should the cost of the irrigation system upgrades not

provide a dollar-for-dollar offset of the penalties, Permittee must pay

to the District $4,000 in penalties, minus any amounts expended in

irrigation system upgrades. Additionally, the proposed settlement

agreement required Permittee to submit a WUP renewal application

to the District by March 1, 2012 that includes a water use plan

demonstrating how Permittee will come into and remain in

compliance with state statutes, District rules, and the terms of its

Permit. On December 2, 2011, the District received a signed

Settlement Agreement from Permittee which was approved by the

Governing Board on January 31, 2012. Pursuant to the Settlement

Agreement, on February 22, 2012 the parties filed a Joint Motion for

Consent Final Judgment and a draft Consent Final Judgment for

consideration and entry by the Circuit Court. On February 24, 2012,

the judge signed the Consent Final Judgment. Permittee has paid

$4,000 in penalties and costs to the District, and on March 1, 2012,

Permittee submitted its Permit renewal application as required in

accordance with the Settlement Agreement. On May 1, 2012,

Permittee submitted receipts for irrigation system upgrades totaling

$4,481.41. On July 3, 2012, the District approved an extension of

time for Permittee to come into compliance with the terms of its

Permit until October 12, 2012 as Permittee has demonstrated that it

is working with the District in good faith to complete the renewal of

its Permit.

SWFWMD v.

Wendy B.

Mozdzer/Case No.

53-2011-CA-

001131-0000-00

10 th Judicial Circuit,

Polk County

J. Ward Complaint and Petition for

Enforcement

On March 2, 2005, District staff received a complaint concerning

possible unauthorized construction activities occurring on property

owned by Wendy Mozdzer (Owner), located in Polk County

(Property). District staff investigation revealed the excavation of

two pits, each approximately 1.5 acres in area and approximately

10 feet deep, and the transport of the excavated material from the

Property by commercial haulers. No Environmental Resource

Permit (ERP) had been issued to authorize the construction

activities. On March 23, 2005, staff issued a Notice of

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