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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