The Florida Department of Environmental Protection has sent South Palafox Properties LLC, owner of the Rolling Hills landfill, a notice of violation.
On February 13, 2017, the Department was notified by Escambia County that the Facility was burning. On February 13, 2017, Department personnel verified the open burning by observing smoke and flames at the Facility. On February 15 and 17, 2017, Department personnel conducted follow-up visits and resolution of the violations was not apparent.
The violations are:
COUNT I: VIOLATION OF OPEN BURNING PROHIBITION
On February 13, 2017, Department personnel verified the open burning by observing smoke and flames at the Facility.
COUNT II: FAILURE TO ADEQUATELY RESPOND TO EMERGENCIES
On February 13, 2017, the Department notified the Respondent that the Facility was on fire. As of the date of this notice, Respondent has not provided the staff or equipment necessary to implement its emergency contingency plan.,
COUNT III: FAILURE TO CLOSE YARD TRASH DISPOSAL FACILITY
On March 13, 2015, Escambia County Office of Environmental Enforcement, Special Magistrate, issued an order prohibiting the Facility from accepting yard trash for disposal. Since March 14, 2015, yard trash has not been received by the Facility. On February 13, 2017, Department personnel observed that the Facility
COUNT IV PERMIT REVOCATION
The Department has incurred expenses to date while investigating this matter in the amount of not less than $250.00.
The company has been hit with a $10,000 penalty.
Here is the breakdown:
* The Department is imposing an administrative penalty of less than or equal to $10,000.00 in this Notice of Violation as calculated in accordance with Section 403.121, Fla. Stat.
* The violation in Count I requires the assessment of administrative penalties under Section 403.121(3)(e), of $3,000 for unauthorized burning. Pursuant to Section 403.121(6), Fla. Stat., the Department is assessing the penalty for 4 of the days and counting that prohibited open burning has occurred, for a total of $12,000 in administrative penalties.
* The violation in Count II requires the assessment of administrative penalties under Section 403.121(4)(e), of $1,000 for failure to adequately respond to emergencies to bring an emergency situation under control. Pursuant to Section 403.121(6), Fla. Stat., the Department is assessing the penalty for 4 of the days and counting that the Respondent has failed to adequately respond to the emergency situation, for a total of $4,000 in administrative penalties.
* The violation in Count III requires the assessment of administrative penalties under Section 403.121(5), of $500 for failure to comply with any Departmental regulatory statute or rule requirement.
* The facts in Count IV constitute a violation of rule 62-4.530(4) FAC which provides that the Department may revoke a general permit issued by it if it finds that the permit holder or his agent has violated the law, Department, orders, rules or permit conditions. The Department is authorized to revoke the YTD Permit pursuant to Section 403.704(10) Florida Statutes.
* The costs and expenses related in Count V are reasonable costs and expenses incurred by the State while investigating this matter, which are recoverable pursuant to Section 403.141(1) F.S.
* The Department has assessed a total of $16,500 in civil penalties and $250 in department costs. However, the Department is capping the amount imposed to $10,000 pursuant to 403.121(2)(b).