notebook - Southwest Florida Water Management District

swfwmd.state.fl.us

notebook - Southwest Florida Water Management District

STYLE/CASE NO. COURT ATTORNEY ACTION DESCRIPTION/STATUS

scheduled for November 2.

12

SWFWMD v.

Vikings, LLC

R. Moore Administrative Complaint and

Order

On May 11, 2006, the District issued Water Use Permit No.

20012843.001 to Vikings, LLC, authorizing withdrawals of 263,000

gallons per day (gpd) on an annual average basis, and 641,000

gpd on a peak month basis from 8 wells used for public supply,

augmentation of ponds, and golf course irrigation. On July 6,

2007, District staff issued a Notice of Non-Compliance to the

Permittee advising that the annual average quantity withdrawn for

the 12-month period ending May 2007 was 385,672 gpd,

approximately 46% in excess of the permitted quantity. On

September 6, 2007, District staff issued Permittee a 2 nd Notice of

Non-Compliance advising that the annual average quantity

continued to exceed the permitted quantity. In August 2008,

Permittee submitted an application to modify its permit to increase

quantities. In October 2008, the District sent a Consent Order to

the Permittee that assessed $42,986 in penalties and costs for

overpumpage from August 2007 through March 2008. On March

4, 2009, the District issued Water Use Permit number

20012843.002 (the .002 Permit) that authorized an increase in the

permitted quantities based on calculations from the Agricultural

Water Use Model Version 2.0 (AGMOD). The .002 Permit

authorized withdrawal quantities of 310,520 gpd on an annual

average basis and 786,550 gpd on a peak month basis.

Permittee’s withdrawals continued to exceed the permitted

quantity authorized in the .002 permit. On April 30, 2009, the

District sent another proposed Consent Order to Permittee that

assessed $40,036 in penalties and costs for overpumpage of

permitted quantities for the 12-month periods ending October

2007 through April 2008. The Permittee initially expressed a

willingness to sign a consent order, with a penalty based on the

AGMOD calculations, however, to date, the District has not

received a signed consent order from Permittee.

In November 2010, the District served Permittee with an

Administrative Complaint and Order.

SWFWMD v.

Vikings, LLC/Case

No. 10-10588

Division of

Administrative

Hearings

R. Moore Petition for Administrative

Hearing with regard to

Administrative Complaint and

Order

Permittee filed a timely petition for hearing and the matter was

forwarded to the Division of Administrative Hearings. Prior to a

hearing on the matter, the District and Permittee agreed to the entry

of an Amended Administrative Complaint and Order and the matter

was relinquished to the District. The District entered the Amended

Administrative Complaint and Order as final Order SWF 2011-015

on July 12, 2011 (Final Order). On September 9, 2011, Permittee

suggested a proposed penalty of $2,000.00 for overpumpage to

date. While Permittee has integrated several technologies to curb

10

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