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2004-CA-309 Brantley Final Judgment
Page 1 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY STATE OF FLORIDA CASE NO. 2004 -CA -309 JOHN R. COOK ex.rel. CITY ) OF OKEECHOBEE, FLORIDA, ) Plaintiff, ) VS. )TRANSCRIPT OF PROCEEDINGS MARVIN BRANTLEY, ) Defendant. ) THIS CAUSE came on for hearing before the Honorable LAURIE BUCHANAN, Judge of the above court at the Okeechobee County Courthouse, Okeechobee, Florida, beginning at the hour of 10:40 o'clock a.m. on the 29th day of March, 2018. THE APPEARANCES were as follows: FOR PLAINTIFF: CITY OF OKEECHOBEE City Hall 55 S.E. 3rd Avenue Okeechobee, FL 34974 BY: JOHN R. COOK, ESQ. FOR DEFENDANT: MARVIN BRANTLEY 1905 S. Parrott Avenue Okeechobee, FL 34972 BY: MARVIN BRANTLEY, PRO SE CERTIFIED COPY WWW. ATLANT I CRE PORTING. COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 I N D E X EXAMINATION PAGE WITNESS - FRED STERLING ..........................11 DIRECT EXAMINATION BY MR. COOK...................11 CERTIFICATE OF REPORTER ..........................26 EXHIBITS: PLAINTIFF'S COMPOSITE 1 AND 2 IN EVIDENCE ........ 1; WWW. ATLANT I CRE PORTING. COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 3 1 P R O C E E D I N G S THE COURT: Anybody involved in that case, City of Okeechobee versus Brantley, please come on up. And are you Mr. Brantley? MR. BRANTLEY: Yes, ma'am. THE COURT: Okay. I need you to raise your right hand. AND THEREUPON, MARVIN BRANTLEY, called as a witness herein, after having been first duly sworn by the Court, was examined and testified as follows: MR. BRANTLEY: I do. THE COURT: Thank you. And can I get everyone to state their names and appearances for the record. MR. COOK: I'm John Cook, city attorney for the City of Okeechobee. MR. BRANTLEY: Marvin Brantley. THE COURT: Okay. And, Mr. Cook, this was the city's motion for enforcement and contempt, correct? MR. COOK: Yes. THE COURT: And have you had a chance to talk to Mr. Brantley? MR. COOK: We did. WWW. ATLANT I CRE PORTING. COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 4 THE COURT: And were you all able to resolve it? MR. COOK: Pretty much. I can give the court a synopsis of the history of this thing, if you haven't -- THE COURT: I did. MR. COOK: -- read the file, but I'm sure you did. THE COURT: I did, but the only thing is those other two prior contempts, one, I think, by Judge Metzger and one by Judge Roby that you referenced in your motion, I think they were so old that they're not scanned, so I couldn't see them in the system -- MR. COOK: Oh, okay. THE COURT: -- but it just seems like it's more of the same. MR. COOK: Right. And what we had discussed and what I'd like to do today is I have the code officer from the city, and present some sworn testimony and some photographs to support our motion. The photographs that we have were taken this morning, and it appears that Mr. Brantley is in compliance with the court order as of last night. THE COURT: Okay. MR. COOK: So I'd like to present some testimony. And we're still going to seek adjudication of WWW. ATLANT I CRE PORTING. COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 5 contempt, but we're not seeking any other enforcement I did explain, and what I'd like Mr. Brantley to understand is that the order, in addition to contempt powers, permits the writ of attachment. So in the future if -- and you'll see in a minute the history of this. It just repeats itself, but in the future if we get back in this position, I think we're going to -- the city is going to proceed under a writ of attachment, which would be a whole lot quicker and probably a better enforcement tool for Mr. Brantley. And he understands that the process, it's ten days notice, and if it's not in compliance with the court order, that he could possibly be picked up under a writ, and he would not want that to happen so... THE COURT: No, no. And, you know, neither -- the court doesn't like having to do that, but I do lots of things that I don't like to do because I promise to follow the law so... Certainly I'd prefer -- and Mr. Cook knows this because he's been in front of me enough. I always like everybody to try to work things out. That's why it's always my first question, "Did you all talk?" I prefer that to happen. I think that's always a better way for it to happen, but this case is '04, so 14 years, you WWW. ATLANT I CRE PORTING. COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 Page 6 1 know? And it looks like it -- I mean, it was quiet for a while. Like for ten years or something, it was quiet, and then allegedly it got back out of hand. So, you know, obviously the city doesn't want to have to keep on doing it. Certainly the court would rather not keep on doing it. If I have to do writs of attachment, I will, but I'd really prefer not to do a writ of bodily attachment but, goodness knows, I've done thousands of them over my lifetime so... And Mr. Cook -- well, Mr. Brantley, first of all, is there anything you wanted to tell me? MR. BRANTLEY: Well, I can clarify what the ten-year period is. THE COURT: Okay. MR. BRANTLEY: That far back it was -- well, I supposedly sold the property. That's how long that's been going on. Well, I finally had to repossess it back, so that put me right back to work. Then the next thing, the same people come back with another contract and sold it. Well, three weeks ago is when it matured, and they didn't close. So to me, I had to get right back to work. So it's hard to move things around when you're waiting on a WWW. AT LANT I CRE PORT I NG . COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 7 contract because if I had that, then everything goes, clean the whole property, and close, and build a shopping center, whatever they want to do with it. I mean, that's how that ten years went by. THE COURT: Okay. MR. BRANTLEY: I'm just trying to survive until they actually buy the property, which hasn't happened yet. THE COURT: Which hasn't happened yet. MR. BRANTLEY: Yes. THE COURT: The problem is there's multiple things. You can get rid of the property. You know how to do that. That's not hard, as far as properties, you know? There's always supply and demand if you're down in price, you know, and things like that. You can get rid of property. The problem -- and certainly I can't force you to do that, but the problem is -- and you have to be thinking about it, too -- is if that property starts on a personal level becoming what it's worth, as far as the headache that it's worth to you is the problem. I'm assuming there's people using that property to dump. Is that what is happening, or what is happening? MR. COOK: Well, it's -- no, it's not so much WWW. ATLANT I CRE PORTING. COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 8 of a dump. It's THE COURT: What's going on there? MR. COOK: It's a -- well, we call it a "junkyard," but it's -- and you can see from the paperwork that that property has been there and been used in various things for I don't know how long, around 50 years. MR. BRANTLEY: Fifty-eight years. THE COURT: Fifty-eight years. MR. COOK: And that all predates the city's zoning ordinances. So he's a permitted use, but a nonconforming use. So it's a junkyard, and he buys and sells stuff so... THE COURT: So that makes it even harder. MR. BRANTLEY: But the answer to the question you were asking, it's never been a dump. It's not a dump. THE COURT: It's not a dump. It's a junkyard. MR. BRANTLEY: Right, and -- THE COURT: And that's -- it is a true junkyard. It's not a -- MR. BRANTLEY: Well, it's not a true junkyard, like the other ones are. I buy and sell a lot of good stuff, and then if something is bad, I scrap it. THE COURT: So it's not, like, I mean, you've WWW. ATLANT I CRE PORTING. COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 Page 9 1 got in Stuart, like Snake Road Salvage? MR. BRANTLEY: No. THE COURT: It's not like a salvage yard? MR. BRANTLEY: No. THE COURT: I'm just trying to get an idea of what exactly the property is. MR. BRANTLEY: And the soil has been tested the last -- when I sold it. That had to be done, and it passed. THE COURT: And it passed? MR. BRANTLEY: Yes. I don't want someone to think that I've got contamination in there, you know? THE COURT: Okay. MR. BRANTLEY: That would really ruin me selling it. THE COURT: All right. But you are trying to sell it? MR. BRANTLEY: Oh, I'm going to sell it. I'm just starting 75. I'm ready. THE COURT: Okay. All right. Yeah, because I don't need to be doing that. You've just got to keep it in compliance, obviously. And it makes sense now to see the history of it because at the time it wasn't in the city, within the city limits. When it annexed up, it got bigger, okay? WWW. ATLANT I CRE PORTING. COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 10 MR. COOK: Yeah. I think -- I wasn't here then, but I believe the city enacted their zoning laws in 174, I believe. THE COURT: Less than 58 years ago. MR. COOK: Oh, yeah. MR. BRANTLEY: I started in '61. THE COURT: All right. So, yes, you started a while ago. MR. BRANTLEY: Yeah. I look in the mirror and say "yeah." THE COURT: It definitely predates a lot of this in here so, yeah. The city just, you know -- so you started with the city -- basically, when you started, the city zoning ordinances were not in, and now they are. MR. BRANTLEY: Right. THE COURT: And now we're complying backwards kind of because you do get grandfathered, so there's certain exceptions, but there are certain compliances. Yeah, what I'll do is -- well, Mr. Cook, did you have some testimony you wanted to elicit? MR. COOK: Yes, just very briefly. THE COURT: Okay. And he's already -- Mr. Brantley has already been sworn in. MR. COOK: I have someone from the city here. Fred, just come over here, so they can swear WWW. AT LANT I CRE PORTING. COM 8c6811ab-407-4daa-95ab-WOOdM0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 11 1 you in. THE COURT: Okay. AND THEREUPON, FRED STERLING, called as a witness on behalf of the Plaintiff herein, after having been first duly sworn by the Court, was examined and testified as follows: THE WITNESS: Yes, I do. THE COURT: Okay. Thank you. You can stand there next to Mr. Cook. That's all right, or stand right in the middle. DIRECT EXAMINATION BY MR. COOK: Q. Could you tell us your name, please? A. Fred Sterling. Q. And, Fred, do you work for the city? A. Yes, I do. Q. And what is your position there? A. Code Compliance Officer. Q. And how long have you done that for the city? A. Thirteen years. Q. So you are very familiar with Mr. Brantley? A. Yes, I am. Q. You've been out there, is it fair to say, countless times? WWW. ATLANT I CRE PORTING. COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 12 1 A. Definitely. Q. Now, you and I have gone over this 2004 court order. And are you aware of the requirements of the order, as far as keeping the property clear -- A. Yes, sir. Q. -- of anything, junk or otherwise? A. Right. Q. And the order says that from the sidewalk on Highway 441 to the east for a 50 -foot right-of-way in there, that has to be completely -- A. Cleared, right. Q. -- cleared? And just a little history. In the past when we've attempted enforcement action with Mr. Brantley, it's true, isn't it, that when that happens, shortly before whatever the event is, whether it's the code board or court, the property is cleaned up? A. Yes, sir. It comes into compliance. Q. And then after the court hearing or code meeting, what happens to the property? A. It's fully reversed back to what it was. Q. All right. And that's happened how many times? Do you have any idea? A. Five, six or seven times. Q. All right. Now, I have here a copy of a letter WWW. ATLANT I CREPORT ING . COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 13 that's attached to our motion from November of last year. A. Uh-huh. Q. And you sent this to Mr. Brantley, a ten-day notice to clean the property? A. Yes, sir. Q. And it was not cleaned in that ten days; is that correct? A. Right. Q. Okay. Now, I have here a series of photos that I've shown Mr. Brantley. You took these. They're date stamped on the photo of October of -- A. It was back in October. Q. October 27th of 2017? A. Right. Q. And is this a fair example of what the property normally looks like? A. Right. Q. Okay. Then I have some date stamped today. A. I took those this morning. Q. You took these this morning, and this shows the 50 -foot right-of-way? A. Right. Q. And this is how it's supposed to look? A. Right. Q. And this is how the city wants it to look in the WWW. ATLANT I CRE PORTING. COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 2 3 4 5 6 7 8 9 10 11 12 1.3 14 15 16 17 18 19 20 21 22 23 24 25 Page 14 A. Uh-huh. Q. -- is that correct? A. Right. Q. Okay. THE COURT: Can you show those to Mr. Brantley? MR. COOK: I did earlier, before the hearing. THE COURT: Oh, okay. MR. BRANTLEY: I've seen them, your Honor. THE COURT: Okay. And, Mr. Brantley, do you have any dispute with regard to what was stated, that these are not accurate pictures of back then and now? MR. BRANTLEY: No. THE COURT: Are those accurate? MR. BRANTLEY: They're a true -- they're a true depiction, yes. THE COURT: Okay. All right. And so these will be admitted as the city's -- why don't we do Composite 1 and 2. This will be 1. Any objection to those being admitted? Counsel, were you asking to have them admitted? MR. COOK: Pardon? THE COURT: Were you asking to have them admitted? MR. COOK: Yes, I'd like to. WWW. ATLANT I CRE PORTING. COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 15 THE COURT: So any objection, Mr. Brantley? MR. BRANTLEY: I've got no objection, your Honor. THE COURT: All right. So that will be Composite 1, and this will be Composite 2 for the plaintiff. (Marked Into Evidence as Plaintiff's Composite Exhibits 1 and 2, respectively.) BY MR. COOK: Q. Now, Mr. Sterling, you're aware that Mr. Brantley came before the city council on November 14th, I believe it was? A. Yes, sir. Q. And in any event, from that date until we filed our motion for enforcement and up through yesterday, would you say the property was not in compliance with the court order? A. Yes, sir. Q. Okay. But viewing those photos today, do you believe it is in compliance with the court order? A. I definitely believe it's in compliance. Q. Okay. And, again, your goal, as code officer for the city, is to make sure that it stays that way? A. Yes, sir. Q. And you understand -- I explained it to you, but WWW. ATLANT I CRE PORTING. COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 16 I think the judge explained it better a few minutes ago here, that the court has the authority in the future, if this happens again, that you, again, give Mr. Brantley ten days notice to come into compliance and, if not, it's possible the court could issue a writ of attachment, where he would immediately be picked up and held until the property comes into compliance? A. Yes, sir. Q. So you understand that procedure? A. Uh-huh. Q. And that's what you are going to use in the future? A. Yes, sir. MR. COOK: Okay. That's all I have, your I:ef•_ . THE COURT: A couple of things. I did note on November 1, 2017, the letter that was attached -- the order that you all are talking about, Mr. Cook, that '04 order, do you have a copy of it today by chance? MR. COOK: The final judgment in 2004, yes. THE COURT: Can I see it? It's so old, I can't see it here. MR. COOK: Okay. Count I is the collection of some lien fines. Count II is the public nuisance aspect of it. WWW. ATLANT I CRE PORTING. COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 17 THE COURT: Okay. Thank you. I mean, you cited in your order -- in your motion the provisions of it, but I just wanted to look at them. I note that the very last page of the motion, which is the letter that was sent out by Mr. Sterling, on behalf of the city -- I'm going to make one suggestion. The violation -- and I just know because I -- and when I was on the Circuit Appellate Panel here in the county Court of Appeals, we had one of these that came up. And the statute is pretty clear on it. The violation notice, the corrected action has to be -- like, what it is, what corrected action has to be taken has to be listed in the notice, or else it won't be -- it can't be enforced so... And I don't see that in there. It just says, "Violation of your property has been cited," and then "State the nature of the city nuisance," but what you just stated here, specifically what it is, the 50 -foot has to be -- you know, you have to state it. The corrective action that is required has to be stated in there. MR. COOK: Yes. THE COURT: So just in the future, I would suggest that. Because it says, "Corrective action required," but it says, "You are in violation of the court order, Case Number --" blah, blah, blah. WWW . ATLANT I CRE PORTING. COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 18 "Particularly, you have ten days from the date to remedy that," but it didn't say what. Do you see what I'm saying? It just says "your violation." You have to give more specifics. I think Mr. Brantley, in this case, you already knew what the problem was because this was not your first time going through this, so I'm really less concerned about it at this time, but I'd like to see in the future -- I just always, if I see something like that, I try to think about it ahead of time. Just make sure the actual physical that has to happen, that it's in there. MR. COOK: Okay. THE COURT: Yes, Mr. Brantley? Did you -- well, first of all, did you have anything else? MR. BRANTLEY: Everything else went along fine. That order is so vague, it leaves me, more or less, with a film on top of my head that anytime -- and nothing is clarified exactly what it would take because to come in and take something -- and I've worked for 58 years, and it's everything I own in the world, and they can notify me in ten days vague, and then take over my property, is pretty -- that's a pretty tough thing. THE COURT: It's not as easy as that. It can happen, but it can happen very quickly. In other words, it's not quite that easy. There's some other little WWW. ATLANT I CRE PORTING. COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 19 procedural hurdles, but it can. It can happen rather quickly, though, is the point. It doesn't have to go through all that they went through. Basically, they can go straight to court on an OSC, basically, and ask why the writ shouldn't be issued, at which point it would be noticed for hearing. If you don't appear, or if I don't find good cause, then the writ can be issued at that time. So it's not like you would just be done, and you wouldn't be around, you know? There are procedural hurdles, but they are much lower procedural hurdles than what you've been going through, which is taking from November to March is the point that I think Mr. Cook was trying to make. They don't have to go through all of that, but you still have due process rights. So it's not like it just gets -- we file something, and it gets done. So I don't want you to misinterpret that portion of it, okay? MR. BRANTLEY: All right. THE COURT: Also, like I said, just the letter -- you said that this order is vague, the 2004 final judgment. It's a final order of the court. It's what is called "res judicata," which means it's already the law of the case. I,t's already adjudged. It's not appealed. It's the law of the case, and you've got to comply with it. WWW. ATLANT I CRE PORTING. COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 20 I understand that in your mind it may be vague, but -- and just like the letter that you got, "get in compliance," again, that's what I'm saying, it's -- and that's why I pointed it out. The letter just has to say, "What do I need to do to fix the situation," not just "get in compliance" because they have to state, "Well, now, you're supposed to have the 50 -foot clear. It's not," you know, that kind of thing. So it has to be in there. So that should help remedy that situation, but ultimately, you know, you've got to -- you got to keep it -- you know you can't have anything in that 50 feet. If you do, you're back at it so... But because it has come back multiple times, certainly the state -- I mean the city knows their options. I mean, Mr. Cook has been practicing law for a long enough time. He knows that there are other options available, and I think he's just trying to make sure you're on notice that it doesn't have to go through all of those other hoops because it's already done that. MR. BRANTLEY: Yes. THE COURT: I know they went through public hearings, and you showed up. And they don't necessarily have to do that. It's court order. They've already got a final judgment, so it's already in court. WWW. ATLANT I CRE PORTING. COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 21 So he can -- the city can avert all of that and come straight here is the point, and seek a writ and things like that, okay? MR. BRANTLEY: Yeah. Well, I did not understand, you know, what was in it. I do understand, and I -- THE COURT: I bet you can't wait to sell that property. MR. BRANTLEY: I mean, you've got that right. THE COURT: Mr. Cook, any -- well, Mr. Brantley, did you have any questions of Mr. Sterling, with regard to his testimony? MR. BRANTLEY: No, not really. THE COURT: Okay. Mr. Cook, any other witnesses, evidence or testimony? MR. COOK: No. THE COURT: Any argument from the city? MR. COOK: Yes. As the testimony and the photographs reveal, the property again has come into compliance with the 2005 court order, so we're not seeking any incarceration or other penalties at this time, other than a finding by the court of a willful contempt for violating the court order. And the motion and the order provide for and we're seeking attorney's fees and costs for this motion. WWW. AT LANT I CRE PORTING. COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 22 THE COURT: Mr. Cook, are you prepared to submit testimony as to fees and costs, at this time? Are you providing that by testimony today -- MR. COOK: I can do it -- THE COURT: -- or are you just asking to reserve on it to come back? MR. COOK: I think if we can reserve because I don't know the cost for the court reporter yet. THE COURT: Okay. MR. COOK: And I can submit it to Mr. Brantley, and I don't think we'll have a disagreement. THE COURT: All right. So, Mr. Brantley, anything else? Any closing argument that you wanted to tell me, other than what you're already told me? MR. BRANTLEY: No. I only had one other thing. They always gave me the right, when I'm open, during open hours, the stuff -- like, my trucks, something I'm working on for somebody, I can come out, as long as I put it back at night? I never heard any of that mentioned. I don't -- as far as I know, it should still be there, but I just -- that's the only thing I want to make sure about. MR. COOK: Yes. It's not spelled out, but the order says that -- the order does not prohibit him carrying on his regular, lawful business, which requires WWW. ATLANT I CRE PORTING. COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 23 customers to park out front, maybe drive a trailer up there and drop off some stuff and leave, so that's okay. THE COURT: It doesn't -- I mean, I think -- and that's why I was wanting to read through that a little bit, and thank you for providing that because, you know, people still have -- unless it was spelled out that it was prohibited, which I did not see in the final judgment, there's nothing prohibiting that. You know, I kind of -- because part of my assignment is the foreclosure stuff, I kind of think of it, like, when HOA's had an issue with people who have pickup trucks. And it's, like, you can own a pickup truck and park it in your driveway, but every night it's got to be in your garage. It's a similar kind of -- you know, you can -- it's your property during the day, but because how it is transiently is different than how it's maintained. And when it's maintained is when you're shut down at night, you know, and you're doing your thing. So I think that, you know, when you start looking -- I mean, it's obvious from the pictures, you weren't working on all of this stuff, you know? You weren't working on all of this stuff all at the same time. It wasn't put away every night. Obviously, after that you have to get in there, WWW. ATLANT I CRE PORTING. COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 24 and clean it up, and do what you needed to do, but before that there's -- you know, there was stuff in there. So I don't see anything in there prohibiting you from carrying on your business and doing what you need to do. Just make sure when you shut down, clean it up. Get that 50 feet cleaned up and ready to go. I mean, the way it looks now, you know, I think you have a black screen up, and it's maintained neat, but there's nothing preventing you from having your customers park there, or from you pulling out a trailer and loading stuff on or doing whatever you're working on that day, as long as you put it away at night. It's like putting your tools away so... MR. BRANTLEY: Yes, your Honor. Thank you. THE COURT: Anything else, Mr. Cook? MR. COOK: No, ma'am. THE COURT: All right. Well, I am going to grant the motion. I am going to find the contempt because -- and I probably would be less inclined to do it, the willful contempt, but for the fact that this has been since November, and it wasn't -- well, actually October, but it wasn't your first -- this has been a long history. You know you have to keep that clean, but I am not going to -- as far as there is no sanction, other than attorney's fees and costs for the city having to WWW. AT LANT I CRE PORTING. COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 25 come all the way to court to do it, but not other than that, and I'll reserve on that amount. Hopefully, you and Mr. Cook can work it out, so you don't have to have another hearing on fees and costs. Hopefully, you can all can work that one out, okay? All right. Mr. Brantley, good luck to you. I hope you're able to get that property sold. MR. BRANTLEY: Thank you, your Honor. MR. COOK: Thank you, your Honor. (The proceedings were concluded at 11:04 a.m.) WWW. ATLANT I CRE PORTING. COM 8c6811ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COUNTY OF MARTIN Y1 CERTIFICATE Page 26 I, CHERYL LEE SOKOL, Registered Professional Reporter, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true and complete record of my stenographic notes. DATED this 10th day of April, 2018. AfSML CAVY -'L24 -,' E SIOML; -I r' THIS TRANSCRIPT IS DIGITALLY SIGNED. SHOULD THERE BE ANY CHANGE MADE, THE SIGNATURE WILL DISAPPEAR. WWW. AT LANT I CRE PORTING. COM 8c6811 ab-4d37-4daa-95ab-e5f00d3d0182 (800) 336-0050 A a.m 1:14 25:10 able 4:125:7 accurate 14:12 14:14 action 12:14 17:11,12,19,23 actual 18:11 addition 5:4 adjudged 19:23 adjudication 4:25 admitted 14:18 14:20,21,24 ago 6:22 10:4,8 16:1 ahead 18:10 allegedly 6:4 amount 25:2 annexed 9:25 answer 8:15 Anybody 3:3 anytime 18:17 appealed 19:24 Appeals 17:9 appear 19:7 appearances 1:16 3:16 appears 4:21 Appellate 17:8 April 26:11 argument 21:17 22:13 asking 8:16 14:21,23 22:5 aspect 16:24 assignment 23:10 assuming 7:22 attached 13:1 16:17 attachment 5:5 5:10 6:8,9 16:5 attempted 12:14 attorney 3:17 attorney's 21:25 24:25 authority 16:2 authorized 26:7 available 20:18 Avenue 1:18,21 avert 21:1 aware 12:3 15:10 B back 5:8 6:4,16 6:19,20,21,24 12:21 13:12 14:12 20:13,14 22:6,19 backwards 10:16 bad 8:24 basically 10:13 19:4,5 becoming 7:20 beginning 1--14 behalf 11:5 17:6 believe 10:2,3 15:11,20,21 bet 21:7 better 5:11,24 16:1 bigger 9:25 bit 23:5 black 24:8 blah 17:25,25,25 board 12:16 bodily 6:9 Brantley 1:7,20 1:22 3:4,5,6,10 3:14,19,19,24 4:215:3,11 6:11,13,16 7:6 7:10 8:8,15,19 8:22 9:2,4,7,11 9:14,18 10:6,9 10:15,23 11:22 12:14 13:3,10 14:6,9,10,13 14:15 15:1,2 15:10 16:3 18:5,13,15 19:18 20:21 21:4,9,11,13 22:10,12,15 24:14 25:6,8 briefly 10:21 BUCHANAN 1:12 build 7:2 business 22:25 24:4 buy 7:7 8:23 buys 8:12 C C 3:1 call 8:3 called 3:11 11:5 19:22 carrying 22:25 24:3 case 1:3 3:3 5:25 17:25 18:5 19:23,24 cause 1:11 19:8 center 7:3 certain 10:18,18 certainly 5:20 6:6 7:17 20:15 CERTIFICATE 2:5 26:4 certify 26:7 chance 3:23 16:19 CHANGE 26:15 CHERYL 26:6 26:13 Circuit 1:1,1 17:8 cited 17:2,15 city 1:4,17,18 3:3,17,18 4:18 5:9 6:5 9:24,25 10:2,12,13,14 10:24 11:16,20 13:25 15:11,23 17:6,16 20:15 21:1,17 24:25 city's 3:21 8:10 14:18 clarified 18:18 clarify 6:13 clean 7:2 13:4 24:1,5,23 cleaned 12:17 13:6 24:6 clear 12:4 17:10 20:7 cleared 12:11,12 close 6:23 7:2 closing 22:13 code 4:17 11:19 12:16,19 15:22 collection 16:23 come 3:4 6:21 10:25 16:4 18:18 20:14 21:2,19 22:6 22:18 25:1 comes 12:18 16:7 complete 26:9 completely 12:10 compliance 4:22 5:13 9:22 11:19 12:18 15:16,20,21 16:4,7 20:3,6 21:20 compliances 10:18 comply 19:25 complying 10:16 Composite 2:14 14:19 15:5,5,7 concerned 18:7 concluded 25:10 contamination 9:12 contempt 3:21 5:1,4 21:23 24:18,20 contempts 4:9 contract 6:21 WWW.ATLANTICREPORTING.COM (800) 336-0050 Page 27 7:1 Cook 1:4,19 2:4 3:17,17,20,22 3:25 4:3,6,13 4:16,24 5:20 6:117:25 8:3 8:10 10:1,5,19 10:21,24 11:10 11:13 14:7,22 14:25 15:9 16:14,18,20,23 17:21 18:12 19:13 20:16 21:10,14,16,18 22:1,4,7,10,23 24:15,16 25:3 25:9 copy 12:25 16:19 correct 3:21 13:7 14:3 corrected 17:11 17:12 corrective 17:19 17:23 cost 22:8 costs 21:25 22:2 24:25 25:4 council 15:11 Counsel 14:21 Count 16:23,24 countless 11:25 county 1:2,13 17:8 26:2 couple 16:16 court 1:1,12 3:3 3:7,12,15,20 3:23 4:1,3,5,8 4:14,22,23 5:13,16,17 6:6 6:15 7:5,9,11 8:2,9,14,18,20 8:25 9:3,5,10 9:13,16,20 10:4,7,11,16 10:22 11:2,6,9 12:2,17,19 14:6,8,10,14 14:17,23 15:1 15:4,16,20 16:2,5,16,21 17:1,9,22,25 18:13,23 19:4 19:19,2120:22 20:24,25 21:7 21:10,14,17,20 21:22,23 22:1 22:5,8,9,12 23:3 24:15,17 25:1 Courthouse 1:13 CP 26:13 customers 23:1 24:9 M D 2:13:1 date 13:10,18 15:14 18:1 DATED 26:11 day 1:15 23:15 24:1126:11 days 5:13 13:6 16:4 18:1,21 Defendant 1:8 1:20 definitely 10:11 12:1 15:21 demand 7:14 depiction 14:16 different 23:16 DIGITALLY 26:14 DIRECT 2:4 11:12 disagreement 22:11 DISAPPEAR 26:15 discussed 4:16 dispute 14:11 doing 6:6,7 9:21 23:19 24:4,11 drive 23:1 driveway 23:13 drop 23:2 due 19:15 duly 3:11 11:6 dump 7:23 8:1 8:16,17,18 E E 2:1 3:1,1 earlier 14:7 east 12:9 easy 18:23,25 elicit 10:20 enacted 10:2 enforced 17:13 enforcement 3:215:1,11 12:14 15:15 ESQ 1:19 event 12:16 15:14 everybody 5:22 evidence 2:14 15:7 21:15 ex.re11:4 exactly 9:6 18:18 EXAMINATI... 2:2,4 11:12 examined 3:12 11:7 example 13:15 exceptions 10:18 Exhibits 2:13 15:8 explain 5:3 explained 15:25 16:1 F fact 24:20 fair 11:24 13:15 familiar 11:22 far 6:16 7:13,20 12:4 22:20 24:24 fees 21:25 22:2 24:25 25:4 feet 20:12 24:6 Fifty-eight 8:8,9 file 4:6 19:16 filed 15:14 film 18:17 final 16:20 19:21 19:2120:25 23:7 finally 6:19 find 19:7 24:18 finding 21:22 fine 18:15 fines 16:24 first 3:115:23 6:11 11:6 18:6 18:14 24:22 Five 12:24 fix 20:5 FL 1:19,21 Florida 1:2,5,13 26:1 follow 5:19 follows 1:16 3:13 11:7 force 7:17 foreclosure 23:10 foregoing 26:8 Fred 2:3 10:25 11:4,15,16 front 5:2123:1 fully 12:21 future 5:6,8 14:1 16:2,12 17:22 18:9 G G 3:1 garage 23:14 give 4:3 16:3 18:3 go 19:3,4,14 20:19 24:6 goal 15:22 goes 7:1 going 4:25 5:9,9 6:18 8:2 9:18 16:11 17:6 18:7 19:12 24:17,18,24 good 8:23 19:7 25:6 goodness 6:9 grandfathered 10:17 grant 24:18 H Hall 1:18 hand 3:8 6:4 happen 5:15,24 5:25 18:11,24 18:24 19:1 happened 7:7,9 12:22 happening 7:23 7:24 happens 12:15 12:20 16:3 hard 6:25 7:13 harder 8:14 head 18:17 headache 7:21 heard 22:19 hearing 1:11 12:19 14:7 19:6 25:4 hearings 20:23 held 16:6 help 20:10 Highway 12:9 history 4:4 5:7 9:23 12:13 24:23 HOA's 23:11 Honor 14:9 15:3 16:15 24:14 25:8,9 Honorable 1:12 hoops 20:20 hope 25:7 Hopefully 25:3,5 hour 1:14 WWW.ATLANTICREPORTING.COM (800) 336-0050 Page 28 hours 22:17 hurdles 19:1,10 19:11 idea 9:5 12:23 11 16:24 immediately 16:6 incarceration 21:21 inclined 24:19 involved 3:3 issue 16:5 23:11 issued 19:6,8 J John 1:4,19 3:17 judge 1:12 4:9 4:10 16:1 judgment 16:20 19:2120:25 23:8 judicata 19:22 JUDICIAL 1:1 junk 12:6 junkyard 8:4,12 8:18,21,22 r.q keep 6:6,7 9:21 20:1124:23 keeping 12:4 kind 10:17 20:8 23:9,10,14 knew 18:6 know 5:16 6:1,5 7:12,14,15 8:6 9:12 10:12 17:7,18 19:10 20:8,11,12,22 21:5 22:8,20 23:6,9,15,19 23:20,22 24:2 24:7,23 knows 5:20 6:9 20:15,17 L LAURIE 1:12 law 5:19 19:23 19:24 20:16 lawful 22:25 laws 10:2 leave 23:2 leaves 18:16 LEE 26:6,13 letter 12:25 16:17 17:5 19:20 20:2,4 level 7:20 lien 16:24 lifetime 6:10 limits 9:25 listed 17:12 little 12:13 18:25 23:5 loading 24:10 long 6:17 8:6 11:20 20:17 22:18 24:12,22 look 10:9 13:23 13:25 17:3 looking 23:20 looks 6:2 13:16 24:7 lot 5:10 8:23 10:11 lots 5:17 lower 19:11 luck 25:6 M ma'am 3:6 24:16 maintained 23:17,18 24:8 March 1:15 19:12 Marked 15:7 MARTIN 26:2 Marvin 1:7,20 1:22 3:10,19 matured 6:22 mean 6:2 7:3 8:25 17:1 20:15,16 21:9 23:3,20 24:7 means 19:22 meeting 12:19 mentioned 22:19 Metzger 4:9 middle 11:11 mind 20:1 minute 5:7 minutes 16:1 mirror 10:9 misinterpret 19:17 morning 4:21 13:19,20 motion 3:21 4:10,19 13:1 15:15 17:2,4 21:24,25 24:18 move 6:25 multiple 7:11 20:14 W N 2:13:1 name 11:14 names 3:16 nature 17:16 neat 24:8 necessarily 20:23 need 3:7 9:21 20:5 24:4 needed 24:1 neither 5:16 never 8:16 22:19 night 4:22 22:19 23:13,19,24 24:12 NINETEENTH 1:1 nonconforming 8:12 normally 13:16 note 16:16 17:4 notes 26:10 notice 5:13 13:4 16:4 17:10,13 20:19 noticed 19:6 notify 18:20 November 13:1 15:11 16:17 19:12 24:21 nuisance 16:24 17:16 Number 17:25 n O 3:1 o'clock 1:14 objection 14:19 15:1,2 obvious 23:21 obviously 6:5 9:22 23:25 October 13:11 13:12,13 24:22 officer 4:17 11:19 15:22 Oh 4:13 9:18 10:5 14:8 okay 3:7,20 4:13 4:23 6:15 7:5 9:13,20,25 10:22 11:2,9 13:9,18 14:5,8 14:10,17 15:19 15:22 16:14,23 17:1 18:12 19:17 21:3,14 22:9 23:2 25:5 Okeechobee 1:2 1:5,13,13,17 1:19,21 3:4,18 old 4:11 16:21 ones 8:23 open 22:16,16 options 20:16,17 order 4:22 5:4 5:14 12:3,3,8 15:17,20 16:18 16:19 17:2,25 18:16 19:20,21 20:24 21:20,23 21:24 22:24,24 ordinances 8:11 10:14 OSC 19:5 P P3:1 page 2:2 17:4 Panel 17:8 paperwork 8:5 Pardon 14:22 park 23:1,13 24:10 Parrott 1:21 part 23:9 Particularly 18:1 passed 9:9,10 penalties 21:21 people 6:21 7:22 23:6,11 period 6:14 permits 5:5 permitted 8:11 personal 7:20 photo 13:11 photographs 4:19,20 21:19 photos 13:9 15:19 physical 18:11 picked 5:14 16:6 pickup 23:12,12 pictures 14:12 23:21 plaintiff 1:6,17 11:5 15:6 Plaintiffs 2:14 15:7 please 3:4 11:14 point 19:2,6,13 21:2 pointed 20:4 portion 19:17 position 5:8 11:18 WWW.ATLANTICREPORTING.COM (800) 336-0050 Page 29 possible 16:5 possibly 5:14 powers 5:5 practicing 20:16 predates 8:10 10:11 prefer 5:20,23 6:8 prepared 22:1 present 4:18,24 pretty 4:3 17:10 18:22,22 preventing 24:9 price 7:15 prior 4:9 PRO 1:22 probably 5:11 24:19 problem 7:11,17 7:18,21 18:6 procedural 19:1 19:10,11 procedure 16:9 proceed 5:9 proceedings 1:6 25:10 26:8 process 5:12 19:15 Professional 26:6 prohibit 22:24 prohibited 23:7 prohibiting 23:8 24:3 promise 5:18 properties 7:13 property 6:17 7:2,7,12,16,19 7:22 8:5 9:6 12:4,17,20 13:4,15 15:16 16:7 17:15 18:21 21:8,19 23:15 25:7 provide 21:24 providing 22:3 23:5 provisions 17:2 public 16:24 20:22 pulling 24:10 put 6:20 22:18 23:23 24:12 putting 24:12 question 5:23 8:15 questions 21:11 quicker 5:10 quickly 18:24 19:2 quiet 6:2,4 quite 18:25 R R 1:4,19 3:1 raise 3:7 read 4:6 23:4 ready 9:19 24:6 really 6:8 9:14 18:7 21:13 record 3:16 26:9 referenced 4:10 regard 14:11 21:12 Registered 26:6 regular 22:25 remedies 5:2 remedy 18:1 20:10 repeats 5:7 report 26:8 reporter 2:5 22:8 26:7 repossess 6:19 required 17:19 17:24 requirements 12:3 requires 22:25 res 19:22 reserve 22:6,7 25:2 resolve 4:1 respectively 15:8 reveal 21:19 reversed 12:21 rid 7:12,15 right 3:8 4:16 6:20,24 8:19 9:16,20 10:7 10:15 11:10,10 12:7,11,22,25 13:8,14,17,22 13:24 14:4,17 15:4 19:18 21:9 22:12,16 24:17 25:6 right-of-way 12:9 13:21 rights 19:15 Road 9:1 Roby 4:10 RPR 26:13 ruin 9:14 S S 1:213:1 S.E 1:18 salvage 9:1,3 sanction 24:24 saying 18:3 20:3 says 12:8 17:14 17:23,24 18:3 22:24 scanned 4:11 scrap 8:24 screen 24:8 SE 1:22 see 4:12 5:6 8:4 9:23 16:21,22 17:14 18:2,8,9 23:7 24:3 seek 4:25 21:2 seeking 5:1 21:21,25 seen 14:9 sell 8:23 9:17,18 21:7 selling 9:15 sells 8:13 sense 9:23 sent 13:3 17:5 series 13:9 seven 12:24 shopping 7:2 shortly 12:15 show 14:6 showed 20:23 shown 13:10 shows 13:20 shut 23:18 24:5 sidewalk 12:8 SIGNATURE 26:15 SIGNED 26:14 similar 23:14 sir 12:5,18 13:5 15:13,18,24 16:8,13 situation 20:5,10 six 12:24 Snake 9:1 soil 9:7 SOKOL 26:6,13 sold 6:17,219:8 25:7 somebody 22:18 specifically 17:17 specifics 18:4 spelled 22:23 23:6 SS 26:1 stamped 13:11 13:18 stand 11:9,10 start 23:20 started 10:6,7,13 10:13 starting 9:19 starts 7:19 state 1:2 3:16 17:16,18 20:6 20:15 26:1 stated 14:11 17:17,19 statute 17:10 stays 15:23 stenographic 26:10 stenographica... 26:8 Sterling 2:3 11:4 11:15 15:10 17:5 21:11 straight 19:4 21:2 Stuart 9:1 stuff 8:13,24 22:17 23:2,10 23:22,23 24:2 24:11 submit 22:2,10 suggest 17:23 suggestion 17:6 supply 7:14 support 4:19 supposed 13:23 20:7 supposedly 6:17 sure 4:6 15:23 18:10 20:18 22:22 24:5 survive 7:6 swear 10:25 sworn 3:12 4:18 10:23 11:6 synopsis 4:4 system 4:12 T take 18:18,19,21 taken 4:20 17:12 talk 3:23 5:23 talking 16:18 tell 6:12 11:14 22:14 ten 5:12 6:3 7:4 13:6 16:3 18:1 18:21 ten-day 13:3 ten-year 6:14 WWW.ATLANTICREPORTING.COM ( 800) 336-0050 Page 30 tested 9:7 testified 3:12 11:7 testimony 4:18 4:25 10:20 21:12,15,18 22:2,3 thank 3:15 11:9 17:123:5 24:14 25:8,9 thing 4:4,8 6:20 18:22 20:8 22:15,2123:19 things 5:18,22 6:25 7:12,15 8:6 16:16 21:3 think 4:9,115:8 5:24 9:12 10:1 16:1 18:5,10 19:13 20:18 22:7,1123:3 23:10,20 24:7 thinking 7:19 Thirteen 11:21 thousands 6:10 three 6:22 time 9:24 18:7,8 18:10 19:8 20:17 21:22 22:2 23:23 times 11:25 12:22,24 20:14 today 4:17 13:18 15:19 16:19 22:3 told 22:14 too15:11 tools 24:13 top 18:17 tough 18:22 trailer 23: 1 24:10 transcript 1:6 26:9,14 transiently 23:16 truck 23:13 trucks 22:17 23:12 true 8:20,22 12:15 14:15,15 26:9 try 5:22 18:10 trying 7:6 9:5,16 19:13 20:18 two 4:9 U Uh-huh 13:2 14:2 16:10 ultimately 20:11 understand 5:4 15:25 16:9 20:121:5,5 understands 5:12 use 8:11,12 16:11 V vague 18:16,21 19:20 20:1 various 8:6 versus 3:4 viewing 15:19 violating 21:23 violation 17:7,10 17:15,24 18:3 vs 1:6 W wait 21:7 waiting 6:25 want 5:15 6:5 7:3 9:11 19:17 22:21 wanted 6:12 10:20 17:3 22:13 wanting 23:4 wants 13:25 wasn't 9:24 10:1 23:23 24:21,22 way 5:24 15:23 24:7 25:1 we'1122:11 we're 4:25 5:1,9 10:16 21:20,25 we've 12:14 weeks 6:22 went 7:4 18:15 19:4 20:22 weren't 23:21,22 willful 21:22 24:20 witness 2:3 3:11 11:5,8 witnesses 21:15 words 18:24 work 5:22 6:20 6:24 11:16 25:3,5 worked 18:19 working 22:18 23:21,22 24:11 world 18:20 worth 7:20,21 wouldn't 19:9 writ 5:5,10,14 6:9 16:5 19:5,8 21:2 writs 6:7 X X 2:1 Y yard 9:3 yeah 9:20 10:1,5 10:9,10,12,19 21:4 year 13:1 years 5:25 6:3 7:4 8:7,8,9 10:4 11:21 18:19 yesterday 15:15 Z zoning 8:11 10:2 10:14 04 5:25 16:18 1 12:14 14:19,19 15:5,8 16:17 10:401:14 10th 26:11 112:3,4 11:0425:10 14 5:25 14th 15:11 15 2:14 19051:21 2 2 2:14 14:19 15:5,8 200412:2 16:20 19:20 2004 -CA -309 1:3 2005 21:20 201713:13 16:17 20181:15 26:11 26 2:5 27th 13:13 29th 1:14 3 349721:21 349741:19 3rd 1:18 4 44112:9 5 50 8:6 20:12 24:6 50 -foot 12:9 13:21 17:17 20:7 551:18 5810:4 18:19 6 61 10:6 7410:3 75 9:19 7 WWW.ATLANTICREPORTING.COM (800) 336-0050 Page 31 City of Okeechobee Code enforcement CODE ENFORCEMENT BOARD CASE # 17-00033 NOTICE OF VIOLATION 11/01/2017 MARVIN W. BRANTLEY 1905 S PARROTT AVENUE OKEECHOBEE, FL 34974 RE: 1905 S. PARROTf AVENUE PARCEL: 22837350A00000180000 A violation of local codes involving your property within the City of Okeechobee has been cited. PROPERTY LOCATION: 1905 S PARROTT AVENUE, OKEECHOBEE, FL NATURE OF VIOLATION: Ch 30 Sec. 30-43 Public nuisances CORRECTIVE ACTION REQUIRED: THAT YOU ARE IN VIOLATION OF THE ORDER OF THE CIRCUIT COURT, CASE NO. 2004 -CA -309, DATED JULY 1, 2005, PARTICULARLY PARAGRAPH 18 THERE OF. YOU HAVE TEN (10) DAYS FROM DATE OF THIS NOTICE TO COME INTO COMPLETE COMPLIANCE WITH PARAGRAPH 18 OFTHE COURT ORDER. UPON YOUR FAILURE TO DO SO, THE CITY MAY PURSUE ONE OR MORE OF THE REMEDIES SET OUT IN PARAGRAPH 20 OF THE ORDER. (SEE ATTACHED). The corrective action outlined in paragraph 18 of the Court Order must be completed within ten (10) days from the date of receipt of this violation. If you have any questions regarding this notice, please contact our office at 863-467-1586. Sincerely, Sterli de Enforcement Officer (863) 467-1586 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489 Code Violation /Notice to Appear Report Date of Infraction: Property Owner: Mdg Contact Person: Date Contacted: 7 Case # 1,6 -Bea toT-11 How Contacted: /'7-ai3 Phone # Location of Violation: ) �� S 5, Pik-Rpo Mailing Address: 1 3 $7)5 , ' Lel Li Lit SL Lot(s): Block: Section: ' " Parcel # —2;3 - 7- 5 -0 aco --CSC 13 - GG ab Violation: #1 Disabled Vehicle #2 Untended Vegetation #3 General Cleaning #4 V Public Nuisance #5 Building Department #6 Public Works Notes About Violation: Notice of Violation Mailed: Received Hand Delivered er146ilosted i7 Notice to Appear Mailed: Received Hand Delivered Posted Inspected Finding Notes: Date in Compliance: Pro -Active Reactive j;50 4) MapPrint_Okeechobee-County-Property-Appraiser_ 11-1-2017 Page 1 of 2 0 0.01 0.02 0.03 0.04 0.03 0.06 0.07 0.08 0.09 0.1 mi Okeechobee County Property Appraiser Mickey L. Bandi, Appraiserl Okeechobee, Florida 1 863-763-4422 PARCEL: 2-28-37-35-OAOO-00018-0000 1 VACANT COM (001000)10.828 AC UNPLATTED LANDS OF THE CITY BEGINNING AT A POINT 300 FEET SOUTH TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE BRANTLEY MARVIN W & BRANTLEY M 2017 Certified Values Owner: 1365 US HIGHWAY 441 SE Mkt Lnd $140,760 Appraised $140,819 OKEECHOBEE, FL 349747303 Ag Lnd $0 Exempt $0 Site: 1905 S PARROTT AVE, OKEECHOBEE Bldg $0 Assessed $140,819 7/8/2016 6100 I(U) Sales 9/20/2000 SO V(U) XFOB $59 county:$140,819 Info 9/20/2000 00 V(U) Just $140,819 Total city:$140,819 9/19/2000 00 V(U) Class $0 Taxable other:$140,819 school:$140,819 NOTES: N This information,updated: 10/20/2017, was derived from data which was compiled by the Okeechobee County Property Appraiser Office solely for the govemmental purpose by: of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or GrizzlyLogic.com http://ap2.okeechobeepa.com/gis/gisPrint/ 11/01/2017 1---ec - a _0 2 M � � y " 1-311) -c4D' N - \c City of Okeechobee Code enforcement CASE # 17-00033 Marvin Brantley 1905 S. Parrott Avenue Okeechobee, FL 34974 I hereby certify receipt of Notice of Violation hand delivered by the City of Okeechobee Code Enforcement Officer. //t2/ Recipients Signature Witness Printed Name Beaii774-1 Ct1oJc-. 6 u1 o AI o u r 404 M 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489 City of Okeechobee Code enforcement April 13, 2017 Marvin Brantly 1905 S. Parrott Avenue Okeechobee, FL 34972 Re: Case No. 2004 -CA -309 Dear Mr. Brantley: Unfortunately, we again must place you on notice of certain code violations that presently exist on your property at 1905 S. Parrott Avenue. We should not have to remind you that you are operating that non -conforming but permitted business under a court order entered via a consent final judgment in case number 2004 -CA -309, filed of record on July 5, 2005. The order, in paragraph 18, requires on-going compliance with city codes, with sanctions enforceable through the court's powers of contempt, which could include incarceration up to 180 days for each separate violation. The specific areas that are currently not in compliance with codes are as follows: Chapter 30 Section 30-43 Public Nuisance & Chapter 30 Section 30-44 General cleaning & beautification. This includes all items currently in front of the fence (boats, boat parts, golf carts, miscellaneous parts, etc.) which must be placed in back of the fence or removed so the front 50 feet of property is clear. In addition, screening in the fence must be repaired so nothing in back of the fence is visible from the road. The City is demanding that you bring these violations into compliance with the applicable city codes no later than April 24, 2017. If circumstances indicated tht you need a SHORT extension of time to comply, contact code enforcement and it will be considered. If you fail to come into compliance as directed, the matter will be forwarded to the City attorney for appropriate court action and sanctions. Herb Smith Fire Chief/ Code Enforcement Officer (863) 467-1586 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489 City of Okeechobee Code enforcement CASE # 2004 -CA -309 Marvin Brantley 1905 S. Parrott Avenue Okeechobee, FL 34972 I hereby certify receipt of Notice of Violation hand delivered by the City of Okeechobee Code Enforcement Officer. /4O/7Date Reci ients Signature �/ g/(40' ;— rinted Name 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO. 2004 -CA -309 JOHN R. COOK ex.rel. CITY OF OKEECHOBEE, FLORIDA; & CITY OF OKEECHOBEE, FLORIDA a municipal corporation existing under the laws of the state of Florida. Plaintiffs, —vs— MARVIN W. BRANTLEY, a/k/a MARVIN BRANTLEY; BANK OF AMERICA N.A. as successor in interest to BARNETT BANK LAKE OKEECHOBEE; JOSEPH D. FARISH LLC; BESSIE 0. BRANTLEY; MARY ELIZABETH DRYDEN; RAY WAKE; VERONICA WAKE; BIG LAKE NATIONAL BANK; and all unknown or undiscovered' heirs, devisees, grantees, assignees, lienors, creditors, trustees or other claimants, whether alive or deceased. Defendants. FINAL JUDGMENT/STIPULATION OF PARTIES upon the submission of the parties their s ipulation i cor !$day THIS CAUSE came on to be heard this of / - e, 005, orat hereinafter for a complete settlement of all issues raised in this cause, and the court upon review of same, and being otherwise fully advised, it is: ORDERED AND ADJUDGED as follows: — 0 1. THAT the court enters final judgment in favor of the Plaintiff, in this action, JOHN R. COOK ex.rel. CITY OF OKEECHOBEE, FLORIDA, AND THE CITY OF OKEECHOBEE, FLORIDA, arid against the Defendant MARVIN W. BRANTLEY, a/k/a MARVIN BRANTLEY, and incorporates the following agreements, stipulations, findings and conclusions of law as included in, and enforceable as, the terms of this final judgment. 2. THAT the Plaintiff(s), JOHN R. COOK ex.rel CITY OF OKEECHOBEE; & CITY OF OKEECHOBEE, FLORIDA„ and defendant MARVIN BRANTLEY, pro se, enter into this stipulation and final judgment for complete settlement of the issues raised and as appears from the pleadings, affidavits, and exhibits filed in this action, and/or attached hereto. 3. THIS action sought in count I to foreclose a chapter 162 code enforcement lien assessed against real property consisting of a parcel of land situated in Okeechobee County, Florida, brought by the Plaintiff(s) as the owners and holders of the lien sought to be foreclosed; and for the entry in count II of a declaration of public nuisance against defendant Brantley and other relief. 4. THAT as part of this judgment, Plaintiff will file a voluntary dismissal of the action without prejudice as to remaining defendants BANK OF AMERICA N.A.; JOSEPH D. FARISH LLC; & BIG LAKE NATIONAL BANK. 5. THAT the parties represent to the court by this executed settlement and final judgment that each has had the opportunity to discuss the terms and nature of the settlement with counsel of choice; enter into this stipulation freely and voluntarily; and believe the terms of settlement are in the best interest of the respective party. 6. THAT the established general facts supporting this final judgment include: (a) The real property subject to this action is currently owned of record by the Defendant(s) MARVIN W. BRANTLEY a/k/a MARVIN BRANTLEY. Said defendant (s) acquired title by way of warranty deed found at OR Book 446 page 944; OR Book 446 page 996; OR Book 446 page 984, public records Okeechobee county, Florida. (b) That on or about February 10, 2004, the Defendant(s) were cited for code violations in the city of Okeechobee by Plaintiff (s) or their assignee/designated citizen board under the provisions of chapter 162, Florida Statutes, which various violations were reduced to civil liens against defendant and filed'in the public records, Okeechobee county, Florida. © That the real property owned by defendant Brantley and hereafter more particularly described, constitutes a public nuisance as a matter of law under the provisions of Florida Statutes 823.05 and applicable city ordinances of the City of Okeechobee, Florida. (d) That the Defendant(s), MARVIN W. BRANTLEY a/k/a MARVIN BRANTLEY was personally served with this action or served by publication; who failed to respond, and a default was duly entered thereon by the Clerk of Court, Okeechobee County, Florida for the relief sought in the complaint. (e) The Defendant Brantley has defaulted and/or failed to pay or satisfy the liens imposed by plaintiff prior to the filing of this action, which are liens recorded- of record in Okeechobee county, Florida as of the date of entry of this final judgment. (f) The defendant Brantley has failed to abate the public nuisance existing on his real property,subject to this action as of the date of entry of this final judgment. 7. That the real property subject to operation, effect and enforcement of this final judgment is as follows: a. Parcel i.d. 2 -28 -37 -35 -0A00 -00019-A000 described as: Beginning 200 feet south,of the SE corner of the NE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, run south along .the east boundary of section 28 a distance of 361 feet more. or less tb the east boundary of Parrot Avenue (SR 15); then run north along the east boundary of SR 15 a distance of 15 feet; then run east a distance of 158 feet, then run north a distance of 85 feet; then run east a distance of 205 feet to the POB. b. Parcel i.d.# 2-28-37-35-0A00-00022-0000 described as: Beginning at the SE corner of the SE 1/4 of the NE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, and run south 157.50 feet; thence run west 226 feet; thence run south 157.50 feet; thence run east 226 feet to the POB; AND Beginning at the SE corner of the SE 1/4 of the NE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, and run west 226 feet for POB; thence run west 135 feet; then run north 157.50 feet; thence run east 135 feet; thence run south 157.50 feet to the POB. c. Parcel i.d. # 2-28-37-35-0A00-00018-0000 described as: Beginning at a point 300 feet south of the NE corner of the NE 1/4 of the SE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, run south a distance of 100.00 feet; thence run west a distance of 361 feet more or less to the east boundary of Parrot avenue (SR15); then run north along the east boundary of parrot avenue (SR15) a distance of 100.00 feet; then run east a distance of 361 feet more or less to the POB. 8. THAT the terms, conditions, and orders of this final judgment and stipulation thereon shall be divided into the two counts as pled in the initial complaint filed in this cause, and relief set out as follows: COUNT I 9. THAT all sums claimed as due and owing in count I, which represent existing code enforcement liens filed in the public records, shall be reduced to a final judgment against defendant MARVIN W. BRANTLEY, (excluding costs payable in paragraph 15 herein); and such liens thereafter remaining of record until satisfied by payment, but no longer accruing daily fines from and after the date of entry of this judgment. 10. ,THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY on city code violations 04-014, 04- 015, & 04-016 in the total sum of $11,900.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution issue. 11. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY on city code violation 04-017 in the total sum of $ 12,575.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution and levy issue. 12. THAT judgment is entered for -the plaintiff and against the defendant MARVIN W. BRANTLEY in city code violation 04-018 in the total sum of $ 11,675.00, which shall hereafter accrue interest -at the rate allowed by law, and for which let execution and levy issue. 13. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY in city code violation 04-019 in.the total sum of $ 11,675.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution and levy issue. 14. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY in city code violation 04-020 in the total sum of $ 10, 925.00 , which shall hereafter accrue interest as allowed by law, and for which let execution and levy issue. 15. THAT all attorneys fees and costs of court incurred by the plaintiff in this cause are awarded to plaintiff, in the following sums, which are agreed and stipulated by the parties: a. Court filing fees: b. Service of process: c. Attorneys fees: d. FedEx delivery: $ 255.00 $ 170.00 $2950.00 $ 13.50 Said sums payable on or before June 30, 2005 to the CITY OF OKEECHOBEE, FLORIDA, and for which let execution and levy issue. COUNT II 16. THAT the real property described in paragraph 7 herein is declared to be a public nuisance under the provisions of Florida Statutes 823.05, and abatement thereof is ordered under this count. Specifically, the court finds as to this count: a. That as to the described real property, a nuisance exists in the nature of placement of junk, creation of public safety issues and concerns, creation of environmental hazards, and failure to comply with applicable city of Okeechobee codes. b. That defendants use of said real property in injurious to the rights of others, including the plaintiff and all its citizens. c. That the court finds there is no adequate remedy at law for imposition of money damages. d. That the findings herein are made by clear and convincing evidence. e. That the relief following for this count is limited, by the court as is reasonably necessary to abate the nuisance and grant relief to plaintiff, so as to not prevent the defendants lawful use of the real property that do comply with city codes. 17. THAT although current city codes prohibit the use of property within the city as a junkyard, the use by this defendant pre -dates the ordinance, and as such the real property of defendant is considered a permitted, but non -conforming use of such real property under city of Okeechobee codes, Therefore, such use is subject to valid city ordinances to control expansion, aesthetic purposes and public safety concerns at such property. 18. THAT the abatement of nuisance and performance of acts agreed by the parties and ordered by the court shall include: a. Defendant MARVIN W. BRANTLEY shall from and after the date of this judgment promptly conform to all applicable city codes and ordinances for the city of Okeechobee that pertain to the described real property, and shall correct deficiencies once notified in writing by the city of Okeechobee within ten (10) days of such notice; upon failure to do so, the City reserves the right to employ the enforcement provisions'of the judgment as hereafter set forth. b. Defendant MARVIN W. BRANTLEY shall cause a fence, with permit issued by the city, to be erected along the entire westerly boundary of the subject property which faces SR 15, from the north to south boundary line of the -properties, by a professional fence company, -to as height of eight (8) feet, and made of an opaque material to prevent sight through the fence, be if of wood, chain link with slats, or other materials permitted and acceptable to the city under current codes. c. Defendant MARVIN W. BRANTLEY, his agents, employees, successors or assigns shall not place, permit, allow or otherwise cause any item, including but not limited to, items of junk, machinery, mechanical or marine parts or pieces, or farm implements or parts, or any other item along the entire westerly boundary of the subject property which faces SR 15, running from the north to south boundary lines thereof, from a point from the edge of the city sidewalk, to a point fifty (50') feet to the east of said sidewalk, and shall forthwith, within the time permitted by this order, remove any such item from the described area. The stated intent of the parties and this order, is that the described restricted area shall at no time contain -any item for display, storage, or any other reason. Any customer parking along this western boundary of the property shall be configured in a manner so that no vehicle will back onto the city sidewalk or onto SR 15 to leave the premises d. Defendant MARVIN W. BRANTLEY shall create and maintain, traffic lanes on the subject property, a minimum thirty (30') feet in width, running from the west to the east, commencing at the east side of the afore described fence, which lane(s) shall continue from the fence to the eastern most boundary of the real property, including any portion located within unincorporated Okeechobee county, and additional lanes shall located along every 100' of width of the property from north to south. The lanes shall be constructed of packed earth material sufficient to support emergency vehicles for use by the city of Okeechobee, and shall permit such vehicles to freely turn around through the use of a cul-de-sac or turn -around area as appropriate. e. Defendant MARVIN W. BRANTLEY shall at all times keep trash, plant growth and other items named in city codes to be kept clean and trimmed according to such codes. f. Defendant MARVIN W. BRANTLEY shall at all times prevent any substance or material from entering onto, or within the groundwater of the subject real property that would be considered an environmental hazard by the department of environmental protection for the state of Florida. _g. _Defendant MARVIN W. BRANTLEY shall not hereafter expand, enlarge or otherwise make more intense the use that presently exi-ts on said real property. 19. That the specific acts to be performed by the defendant MARVIN W. BRANTLEY, except those considered on-going obligations, shall be completed no later than close of business on August 26, 2005. This time frame shall be of the essence and strictly construed. 20. The specific intent of the parties and as ordered by the court is that the court shall retain jurisdiction in this cause to enforce its terms and conditions as provided by Fla.Rule Civil Procedure 1.570 C as written or hereafter amended. The defendant is notified by this judgment that the enforcement powers of the court include: 1. If the acts required herein are not performed within the time specified by this order the plaintiff shall make an affidavit that this judgment has not been complied with within such prescribed time period, and the clerk of court shall issue a writ of attachment against the defendant MARVIN W. BRANTLEY. Said defendant shall not be released from the writ of attachment until he has complied with the judgment and paid all costs accruing because of failure to perform the act(s). If said defendant cannot be found, the plaintiff shall file an affidavit to this effect, and the court shall issue a writ of sequestration against defendant's property. The writ of sequestration shall not be dissolved until the defendant complies with this judgment. 2. The court, upon proper application of the plaintiff for defendants failure to act or perform, may hold the defendant in contempt of court, and upon a finding of such contempt, confine the defendant for up to 180 days county jail for each such violation. 3. The court may appoint a person not a party to this action, to perform the required act insofar as practicable. The performance of the act by the person so appointed shall have the same effect as if performed by the party against whom this judgement was entered. ,4. That during any enforcement measures, defendant shall retain the right to present to the court any defenses he may claim, if a claim of violation hereof is filed by the city of Okeechobee. 21. That the court retains jurisdiction in this cause as indicated above to enforce its terms, issue writs and judgments for future costs and fees, and such other issues as raised by the order. • THE UNDERSIGNED PARTIES TO THIS ACTION, CITY OF OKEECHOBEE, FLORIDA, AND DEFENDANT MARVIN W. BRANTLEY, HEREIN DO STIPULATE, AGREE AND CONSENT TO THE ENTRY OF THIS FINAL DECREE BY THE COURT AS STATED HEREIN, INCLUDING THE POWERS OF ENFORCEMENT RETAINED BY THE COURT, this 30 day of June, 2005. MARVIN W. B Attest: this Lar. e Gamiotea CM OF OKEECHOBEE, FL. y: Mayor and order d in chambers in Okeechobee county, Florida day of J e, 2005. CIRCUIT UDGE copies to: 1. Bank of America CT Corporation System 1200 South Pine Island Road, -Plantation, Fl. 33324. 2. Joseph Farish LLC 316 Banyan Blvd. West Palm Beach, Florida 33401. 3. Big Lake National Bank 1409 S. Parrot Ave. Okeechobee, Florida 34972. 4. Marvin Brantley 1801 S. Parrot Ave. Okeechobee, Florida 34972. STATE OF FLORIDA 01I.F C1- jBEE COUNTY • THIS IS TO CL=ti I'IF THAT THIS IS A TRU. ANL', I"`HREICT COPY OF THE RE ±ORDS ONOL DY_ t:�: DAVE 0111046 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO. 2004 -CA -309 JOHN R. COOK ex.rel. CITY OF OKEECHOBEE, FLORIDA; & CITY OF OKEECHOBEE, FLORIDA a municipal corporation existing under the laws of the state of Florida. Plaintiffs, MARVIN W. BRANTLEY, a /k /a MARVIN BRANTLEY; BANK OF AMERICA N.A. as successor in interest to BARNETT BANK LAKE OKEECHOBEE; JOSEPH D. FARISH LLC; BESSIE O. BRANTLEY; MARY ELIZABETH DRYDEN; RAY WAKE; VERONICA WAKE; BIG LAKE NATIONAL BANK; and all unknown or undiscovered heirs, devisees, grantees, assignees, lienors, creditors, trustees or other claimants, whether alive or deceased. Defendants. FINAL JUDGMENT /STIPULATION OF PARTIES THIS CAUSE came on to be heard this day of June, 2005, upon the submission of the parties their stipulation incorporated hereinafter for a complete settlement of all issues raised in this cause, and the court upon review of same, and being otherwise fully advised, it is: ORDERED AND ADJUDGED as follows: 1. THAT the court enters final judgment in favor of the Plaintiff, in this action, JOHN R. COOK ex.rel. CITY OF OKEECHOBEE, FLORIDA, AND THE CITY OF OKEECHOBEE, FLORIDA, and against the Defendant MARVIN W. BRANTLEY, a /k /a MARVIN BRANTLEY, and incorporates the following agreements, stipulations, findings and conclusions of law as included in, and enforceable as, the terms of this final judgment. 2. THAT the Plaintiff(s), JOHN R. COOK ex.rel CITY OF OKEECHOBEE; & CITY OF OKEECHOBEE, FLORIDA„ and defendant MARVIN BRANTLEY, pro se, enter into this stipulation and final judgment for complete settlement of the issues raised and as appears from the pleadings, affidavits, and exhibits filed in this action, and /or attached hereto. 3. THIS action sought in count I to foreclose a chapter 162 code enforcement lien assessed against real property consisting of a parcel of land situated in Okeechobee County, Florida, brought by the Plaintiff(s) as the owners and holders of the lien sought to be foreclosed; and for the entry in count II of a declaration of public nuisance against defendant Brantley and other relief. 4. THAT as part of this judgment, Plaintiff will file a voluntary dismissal of the action without prejudice as to remaining defendants BANK OF AMERICA N.A.; JOSEPH D. FARISH LLC; & BIG LAKE NATIONAL BANK. 5. THAT the parties represent to the court by this executed settlement and final judgment that each has had the opportunity to discuss the terms and nature of the settlement with counsel of choice; enter into this stipulation freely and voluntarily; and believe the terms of settlement are in the best interest of the respective party. 6. THAT the established general facts supporting this final judgment include: (a) The real property subject to this action is currently owned of record by the Defendant(s) MARVIN W. BRANTLEY a /k /a MARVIN BRANTLEY. Said defendant(s) acquired title by way of warranty deed found at OR Book 446 page 944; OR Book 446 page 996; OR Book 446 page 984, public records Okeechobee county, Florida. (b) That on or about February 10, 2004, the Defendant(s) were cited for code violations in the city of Okeechobee by Plaintiff (s) or their assignee /designated citizen board under the provisions of chapter 162, Florida Statutes, which various violations were reduced to civil liens against defendant and filed in the public records, Okeechobee county, Florida. © That the real property owned by defendant Brantley and hereafter more particularly described, constitutes a public nuisance as a matter of law under the provisions of Florida Statutes 823.05 and applicable city ordinances of the City of Okeechobee, Florida. (d) That the Defendant(s), MARVIN W. BRANTLEY a /k /a MARVIN BRANTLEY was personally served with this action or served by publication; who failed to respond, and a default was duly entered thereon by the Clerk of Court, Okeechobee County, Florida for the relief sought in the complaint. (e) The Defendant Brantley has defaulted and /or failed to pay or satisfy the liens imposed by plaintiff prior to the filing of this action, which are liens recorded of record in Okeechobee county, Florida as of the date of entry of this final judgment. (f) The defendant Brantley has failed to abate the public nuisance existing on his real property subject to this action as of the date of entry of this final judgment. 7. That the real property subject to operation, effect and enforcement of this final judgment is as follows: a. Parcel i.d. 2- 28- 37- 35 -0A00- 00019 -A000 described as: Beginning 200 feet south of the SE corner of the NE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, run south along the east boundary of section 28 a distance of 361 feet more or less to the east boundary of Parrot Avenue (SR 15); then run north along the east boundary of SR 15 a distance of 15 feet; then run east a distance of 158 feet, then run north a distance of 85 feet; then run east a distance of 205 feet to the POB. b. Parcel i.d.# 2- 28- 37- 35 -0A00- 00022 -0000 described as: Beginning at the SE corner of the SE 1/4 of the NE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, and run south 157.50 feet; thence run west 226 feet; thence run south 157.50 feet; thence run east 226 feet to the POB; AND Beginning at the SE corner of the SE 1/4 of the NE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, and run west 226 feet for POB; thence run west 135 feet; then run north 157.50 feet; thence run east 135 feet; thence run south 157.50 feet to the POB. c. Parcel i.d. # 2- 28- 37- 35 -0A00- 00018 -0000 described as: Beginning at a point 300 feet south of the NE corner of the NE 1/4 of the SE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, run south a distance of 100.00 feet; thence run west a distance of 361 feet more or less to the east boundary of Parrot avenue (SR15); then run north along the east boundary of parrot avenue (SR15) a distance of 100.00 feet; then run east a distance of 361 feet more or less to the POB. 8. THAT the terms, conditions, and orders of this final judgment and stipulation thereon shall be divided into the two counts as pled in the initial complaint filed in this cause, and relief set out as follows: COUNT I 9. THAT all sums claimed as due and owing in count I, which represent existing code enforcement liens filed in the public records, shall be reduced to a final judgment against defendant MARVIN W. BRANTLEY, (excluding costs payable in paragraph 15 herein); and such liens thereafter remaining of record until satisfied by payment, but no longer accruing daily fines from and after the date of entry of this judgment. 10. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY on city code violations 04 -014, 04- 015, & 04 -016 in the total sum of $11,900.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution issue. 11. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY on city code violation 04 -017 in the total sum of $ 12,575.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution and levy issue. 12. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY in city code violation 04 -018 in the total sum of $ 11,675.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution and levy issue. 13. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY in city code violation 04 -019 in the total sum of $ 11,675.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution and levy issue. 14. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY in city code violation 04 -020 in the total sum of $ 10, 925.00 , which shall hereafter accrue interest as allowed by law, and for which let execution and levy issue. 15. THAT all attorneys fees and costs of court incurred by the plaintiff in this cause are awarded to plaintiff, in the following sums, which are agreed and stipulated by the parties: a. Court filing fees: b. Service of process: c. Attorneys fees: d. FedEx delivery: $ 255.00 $ 170.00 $2950.00 $ 13.50 Said sums payable on or before June 30, 2005 to the CITY OF OKEECHOBEE, FLORIDA, and for which let execution and levy issue. COUNT II 16. THAT the real property described in paragraph 7 herein is declared to be a public nuisance under the provisions of Florida Statutes 823.05, and abatement thereof is ordered under this count. Specifically, the court finds as to this count: a. That as to the described real property, a nuisance exists in the nature of placement of junk, creation of public safety issues and concerns, creation of environmental hazards, and failure to comply with applicable city of Okeechobee codes. b. That defendants use of said real property in injurious to the rights of others, including the plaintiff and all its citizens. c. That the court finds there is no adequate remedy at law for imposition of money damages. d. That the findings herein are made by clear and convincing evidence. e. That the relief following for this count is limited by the court as is reasonably necessary to abate the nuisance and grant relief to plaintiff, so as to not prevent the defendants lawful use of the real property that do comply with city codes. 17. THAT although current city codes prohibit the use of property within the city as a junkyard, the use by this defendant pre -dates the ordinance, and as such the real property of defendant is considered a permitted, but non - conforming use of such real property under city of Okeechobee codes, Therefore, such use is subject to valid city ordinances to control expansion, aesthetic purposes and public safety concerns at such property. 18. THAT the abatement of nuisance and performance of acts agreed by the parties and ordered by the court shall include: a. Defendant MARVIN W. BRANTLEY shall from and after the date of this judgment promptly conform to all applicable city codes and ordinances for the city of Okeechobee that pertain to the described real property, and shall correct deficiencies once notified in writing by the city of Okeechobee within ten (10) days of such notice; upon failure to do so, the City reserves the right to employ the enforcement provisions of the judgment as hereafter set forth. b. Defendant MARVIN W. BRANTLEY shall cause a fence, with permit issued by the city, to be erected along the entire westerly boundary of the subject property which faces SR 15, from the north to south boundary line of the properties, by a professional fence company, to a height of eight (8) feet, and made of an opaque material to prevent sight through the fence, be if of wood, chain link with slats, or other materials permitted and acceptable to the city under current codes. c. Defendant MARVIN W. BRANTLEY, his agents, employees, successors or assigns shall not place, permit, allow or otherwise cause any item, including but not limited to, items of junk, machinery, mechanical or marine parts or pieces, or farm implements or parts, or any other item along the entire westerly boundary of the subject property which faces SR 15, running from the north to south boundary lines thereof, from a point from the edge of the city sidewalk, to a point fifty (50')feet to the east of said sidewalk, and shall forthwith, within the time permitted by this order, remove any such item from the described area. The stated intent of the parties and this order, is that the described restricted area shall at no time contain any item for display, storage, or any other reason. Any customer parking along this western boundary of the property shall be configured in a manner so that no vehicle will back onto the city sidewalk or onto SR 15 to leave the premises d. Defendant MARVIN W. BRANTLEY shall create and maintain, traffic lanes on the subject property, a minimum thirty (30') feet in width, running from the west to the east, commencing at the east side of the afore described fence, which lane(s) shall continue from the fence to the eastern most boundary of the real property, including any portion located within unincorporated Okeechobee county, and additional lanes shall located along every 100' of width of the property from north to south. The lanes shall be constructed of packed earth material sufficient to support emergency vehicles for use by the city of Okeechobee, and shall permit such vehicles to freely turn around through the use of a cul -de -sac or turn - around area as appropriate. e. Defendant MARVIN W. BRANTLEY shall at all times keep trash, plant growth and other items named in city codes to be kept clean and trimmed according to such codes. f. Defendant MARVIN W. BRANTLEY shall at all times prevent any substance or material from entering onto, or within the groundwater of the subject real property that would be considered an environmental hazard by the department of environmental protection for the state of Florida. g. Defendant MARVIN W. BRANTLEY shall not hereafter expand, enlarge or otherwise make more intense the use that presently exists on said real property. 19. That the specific acts to be performed by the defendant MARVIN W. BRANTLEY, except those considered on -going obligations, shall be completed no later than close of business on August 26, 2005. This time frame shall be of the essence and strictly construed. 20. The specific intent of the parties and as ordered by the court is that the court shall retain jurisdiction in this cause to enforce its terms and conditions as provided by Fla.Rule Civil Procedure 1.570 C as written or hereafter amended. The defendant is notified by this judgment that the enforcement powers of the court include: 1. If the acts required herein are not performed within the time specified by this order the plaintiff shall make an affidavit that this judgment has not been complied with within such prescribed time period, and the clerk of court shall issue a writ of attachment against the defendant MARVIN W. BRANTLEY. Said defendant shall not be released from the writ of attachment until he has complied with the judgment and paid all costs accruing because of failure to perform the act(s). If said defendant cannot be found, the plaintiff shall file an affidavit to this effect, and the court shall issue a writ of sequestration against defendant's property. The writ of sequestration shall not be dissolved until the defendant complies with this judgment. 2. The court, upon proper application of the plaintiff for defendants failure to act or perform, may hold the defendant in contempt of court, and upon a finding of such contempt, confine the defendant for up to 180 days county jail for each such violation. 3. The court may appoint a person not a party to this action, to perform the required act insofar as practicable. The performance of the act by the person so appointed shall have the same effect as if performed by the party against whom this judgement was entered. 4. That during any enforcement measures, defendant shall retain the right to present to the court any defenses he may claim, if a claim of violation hereof is filed by the city of Okeechobee. 21. That the court retains jurisdiction in this cause as indicated above to enforce its terms, issue writs and judgments for future costs and fees, and such other issues as raised by the order. THE UNDERSIGNED PARTIES TO THIS ACTION, CITY OF OKEECHOBEE, FLORIDA, AND DEFENDANT MARVIN W. BRANTLEY, HEREIN DO STIPULATE, AGREE AND CONSENT TO THE ENTRY OF THIS FINAL DECREE BY THE COURT AS STATED HEREIN, INCLUDING THE POWERS OF ENFORCEMENT RETAINED BY THE COURT, this 30 day of June, 2005. Attest: OF OKEECHOBEE, FL. :y: Mayor Donf and ordered in chambers in Okeechobee county, Florida this Vg day y o f ,lure ' 2005. 3k-ky /S/ WILLIAM L. ROBY CIRCUIT JUDGE copies to: 1. Bank of America CT Corporation System 1200 South Pine Island Road, Plantation, F1. 33324. 2. Joseph Farish LLC 316 Banyan Blvd. West Palm Beach, Florida 33401. 3. Big Lake National Bank 1409 S. Parrot Ave. Okeechobee, Florida 34972. 4. Marvin Brantley 1801 S. Parrot Ave. Okeechobee, Florida 34972. Citi of Okeechobee Office of the City Clerk October 26, 2011 Marvin Brantley 1805 S. Parrott Av. Okeechobee, Fl. 34972 re: City of Okeechobee vs. Brantley 2004 -CA -309 Dear Mr. Brantley: The City of Okeechobee, as required by the final judgment entered against you in the above styled case, places you on notice of certain violations of that final judgment which exist on your property at 1805 S. Parrott Avenue, and demands that these violations be remedied within ten (10) days of receipt of this letter. Specifically, paragraph 18 of the final judgment contains on going requirements to maintain the property in accordance with city codes, and the terms of the final judgment entered by the court. Although you satisfied monetary liens that were ordered by the court, the other obligations placed on you by that judgment continue. The current violations include 18(c), which prohibits the placement of any junk, machinery, mechanical or marine parts or pieces, or farm implements, or any other item along the entire westerly boundary of the property, from the fence, to the right of way of SR 15 (441 South). 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 Page 2 October 26, 2011 The clear intent of the judgment is, as you are well aware, that the entire frontage from the fence to 441 South be clear of any items, whether they be operational, for parts, for display, or for any reason. The front of the property is now again full of junk, pieces and parts in violation of the courts order. As the property was declared a public nuisance, if the property is not cleared within the ten days demanded, the next steps will be taken to return the matter to court for enforcement. Kindest Regards, John R. Cook JRC/klm cc: City Administrator Citi of Okeechobee July 31, 2014 Marvin Brantley 1902 S. Parrott AV. Okeechobee, Fl. 34972 Re: code compliance Marvin: HAND DELIVERY I imagine that you have noticed d the recent beautification efforts of the City along the 441 median from second street up past twenty first street at WalMart; your efforts would be welcome as well. I enclose a copy of the public nuisance order entered by the court in your case, and the ressibic penalties for violating that order. Please clear out ti e entire front of your property from North to South, as required in that order. As an altcrf,ative, we couldre-initiate a new code violation, in which you would be classified as a a epeat offender, with fines up to $500 per day. I would appreciate a prompt response on this, certainly within the next two weeks. Kindest Regards, Le John R.Cook f City Attorney Cc; city administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 Citi of Okeechobee Code enforcement Marvin Brantley 1902 S. Parrott Avenue Okeechobee, FL 34974 I hereby certify receipt of Notice of Non -Compliance hand delivered by the City of Okeechobee Code Enforcement Officer. °/// Recipients Signature 7/11_, Printed Name 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489 MapPrint_Okeechobee-County-Property-Appraiser_4-11-2017 Page 1 of 2 0 0.01 0.02 0.03 0.04 0.05 0.06 0.07 Okeechobee County Property Appraiser Mickey L. Bandi, Appraiser I Okeechobee, Florida 1 863-763-4422 PARCEL: 2 -28 -37 -35 -0A00 -00019-A000 I OPEN STORA (004900)12.484 AC UNPLATTED LANDS OF THE CITY BEG AT THE NE COR OF NE 1/4 OF SE 1/4 OF NE 1/4 RUN S 300 FT THENCE RUN W DIST OF 361 FT MORE OR LESS TO THE E BDRY OF PAR BRANTLEY MARVIN W & BRANTLEY M Owner: 1365 US HIGHWAY 441 SE OKEECHOBEE, FL 349747303 1905 S PARROTT AVE, OKEECHOBEE 7/8/2016 $100 I (U) 9/20/2000 $0 V (U) 9/20/2000 $0 V (U) 9/19/2000 $0 V (U) Site: Sales Info 2016 Certified Values Mkt Lnd $393,530 Appraised $408,904 Ag Lnd $0 Exempt $0 Bldg $13,641 Assessed $408,904 XFOB $1,733 county:$408,904 Just $408,904 Total city:$408,904 Class $0 Taxable other:$408,904 school:$408,904 0.09 NOTES: 0.1 mi nis mwnneuun,upuateo: 4r0/wi /, was aenved from data which was Compiled by the Okeechobee County Property Appraiser Office solely for the govemmental purpose of by: property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or GrizzlyLogic.com http://ap2.okeechobeepa.com/gis/gisPrint/ 4/11/2017 City of Okeechobee September 11, 2007 John Cassels Esq. 400 N.W. 2nd St. Okeechobee, Fl. 34972 re: Brantley liens John: At your request, I have computed the balances due by Marvin Brantley on his properties as a result of code board liens, which were reduced to a final consent judgment effective June 30, 2005 in case no. 2004 -CA -309. The five separate parcels against which liens attached total $58,750.00, and two enforcement hearings resulted in attorney fees awards of $500.00 and $250.00, which brings the total sum due to $59,500.00, with a current balance of: Principal: $59,500.00 Interest @ 7% 9,162.23 ( per diem of $11.41 x 803 days) Total due: $68,662.23 You will note that the final judgment awarded additional fees and costs, but the Brantley's paid that already in 2005, so it is not reflected in these figures. As I mentioned, we will hold these funds in escrow at the city to provide Mr. Brantley an opportunity to address the code board on October 9t to see if he can persuade them to reduce any sums due under this lien; in the meantime I will, upon receipt of the funds, file a satisfaction of judgment in 2004-309 CA so you may proceed to closing. Also note that this payoff is good through September 11 with the per diem accruing thereafter until payment. Kindest Regards, k-'\ 64-1C— John R. Cook City Attorney 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 CODE ENFORCEMENT SUMMARY For Marvin Brantley Jan. 2004 thru June 2006 Case #04-014 1/29/04 - Received Notice of Violation for boat #1 in Taylor Creek 2/2804 thru 4/22/04 - Imposed $50 per day fine ($2,750) Case #04-015 1/29/04 - Received Notice of Violation for boat #2 in Taylor Creek 2/28/04 thru 5/13/04 - Imposed $50 per day fine ($3,800) Case #04-016 1/29/04 - Received Notice of Violation for boat #3 in Taylor Creek 2/28/04 thru 6/14/04 - Imposed $50 per day fine ($5,350) Case #04-017 1/29/04 - Received Notice of Violation for not having fire lanes 2/11/04 thru 6/27/05 - Imposed $25 per day fine ($12, 575) Case #04-018 1/29/04 - Received Notice of Violation for public nuisance/overgrown vegetation 3/18/04 thru 6/27/05 - Imposed $25 per day fine ($11,675) Case #04-019 1/29/04 - Received Notice of Violation for not having a permitted fence 3/18/04 thru 6/27/05 - Imposed $25 per day fine ($11,675) Case #04-020 1/29/04 - Received Notice of Violation for not meeting set back requirement 4/17/04 thru 6/27/05 - Imposed $25 per day fine ($10,925) 6/30/05 - Court ordered to comply with city codes and pay fines Case #05-218 9/8/05 - Received Notice of Repeat Violation for failing to clear fire lanes Case #06-118 5/19/06 - Received Notice of Violation for placing junk in front of fence 6/26/06 - Court ordered to comply with city codes by July 2006 Principal: $59,500.00 (Amount of fines plus attorney fees) Interest @ 7% 9,162.23 (per diem of $11.41 x 803 days) Total due: $68,662.23 Code Violation Report Date: l" Z8 '- Number: oq-oiLl-- Name: MA K IV/1V u), RRfrDTL E p Phone: Location: T �4 y L% C-REEk 1) gra ifs Address: Po: .ROK /O / OKE C-/4&&Fe, T C. 3q9 7 51 Lot(s): Block: Section: Parcel # Disabled Vehicles Untended Vegetation il'to'v`n exne 'I E +td 5A-mmy ponizon had e_en r^einoad nn 1.41 General Cleaning CS,'JfA),q-A/GE J( /a . SSS a Abandoned Property/Vehicles SEC 30 - 3,9 - 779-47t ct'me k X Public Nuisance , ' -tib o Other: 604-7 / S e G P• Slit/Zit, 4trid bel, Jared . l Notice of Violation: �f / (29� - Received: Reinspected: *-- Reinspected: aQ Status: U n 11) lA. (31 Reinspected: Status: Notice of Hearing: Mailed:- 4 -,id lal Zeceived: (P/Ott Reinspected: Status: i/a9/o ff Status: n c1 t, &p' o i c �d Compliance Date: /yYf' 65> A-JLJ 2/2x./04 Code Enforcement Board Action: .2-A) CC3firL..1I9 Licz 4/z3q 0f1 1)637 G0 A., 730_ Date: l " Ze? "` 0!_t Code Violation Report Number: o) -1, - Name:- Name: NA, V/,,1 UJ, 'gt/vTLEy Phone: Location: /,4 y L/7 C E4 k C/7`v &Ad/s Address: Ro1 PDX /& I 01�6-E 6 REE, F/- 3 qS 751 Lot(s): Block: Section: Parcel # Disabled Vehicles Untended Vegetation General Cleaning 5/XfiUH-NG ,VD f I fo Abandoned Property/Vehicles SES 30- 3 - 7y4& Public Nuisance o f' (A.A, a ic.w63rz, Other: 84-7 S G P. cluzz , Notice of Violation: : I hA i k i f Received: a5/ o Reinspected: - Status: n c+, eo i'rt L; L di Reinspected: Status: Reinspected: i 13 Status: eL ay / I Pdf Notice of Hearing: Mailedtkind Af_A d e,ii,2-61 Received: c9/6/OL Reinspected: Status: Compliance Date: I3 Code Enforcement Board Action: NL" S ;79r r d 7/i o :/ -,it513/ - e.) •t. / �' Did/`5 Cc Date: l Ze9 "40 ezt - Code Violation Report Number: OL/0Wn Name: MA K i!//1/ UJ 'RIWT[E Phone: Location: /,4 y Lek Ci/k Oo ds Address: PD. Rc) /DSI nl�' LC-% PJB �� � 3 s9 74/ Lot(s): Block: Section: Parcel # —"//f Disabled Vehicles Untended Vegetation General Cleaning 6 /, J/AJfi-AvCc i J• Etc° Abandoned Property/Vehicles SEC 30 35' -- 76,& C &'#7 I c9 4.,./- c,co-74- C;7NSei1T, )(' Public Nuisance o /' La-Aidc4•ted e. J �"� Other: 8o4-7 #1 S e -E ,o• ciu/�R., Notice of Violation: Mailedliculd & i ; I Q f cl Received: i(a Q o - Reinspected: - 5- Status: o -L u m pLt Qc/1 Reinspected: Status: Reinspected: Status: L' D 1Y10 / P <' Notice of Hearing- Maileditand i ve,r e4 Received: 4(p Reinspected: Status: Compliance Date: Code Enforcement Board Action: 3}0,72' 242-49/0/-/ 7 67/1 1 q Code Violation Report Date: / - ZS --0 4 Number: (i �1 ` ( Name: A 414,l/) W. .5RANTLEy Phone: Location: (E+'/1 S, PrbeR0 TT AV - /905- S . PRRRGTT (iVC Address: PO, RO /0C/ ()KEGA Cj4 0REE rt 3 q 9 7 y Lot(s): Block: Section: ti W(4 %TEO Parcel # -28-37— 3S — ° ROO — 006 L Z — 0 000 �5—os-oo — GOO/£ —0000. —Z$ -37-35-O moo — Ocop Disabled Vehicles Untended Vegetation General Cleaning Abandoned Property/Vehicles Public Nuisance ,( Other: SEC. o -- (Z- 62ape,7taAv 7 j 44.41 iS 4.Q. c. A, % i c� _ ted' C -c eY C- + Notice of Violation: M�ed.P-, andi d; ,te.Ccok Received: Q Reinspected: Status: n 0� '(� -Ld Reinspected: Status: Reinspected: Status: Notice of Hearing: M1edii anti Q et i vereri' Received: 01416 c( Reinspected: Status: Compliance Date: Code Enforcement Board Action: />JL .'7/311- 0 2%ii1 Oil 12:-.40) hu ‘/27/ 0,5 k-) (ao,)A 4c f At e3 p dIi, s7s ': Code Violation Report Date: / .- z8 --01/ Name: /%A K'Mi 6-t/. 6RAN 7'f 7 Number: 01/ (8 Phone: Location: /8i/ s, P/OTT AV 91- MOS S, PARROT tei-i/e Address: % : v. 80X IOC ( QKEE Q4 a t3EE ( rt 3 q 17 �f Lot(s): Block: Section: I)AP(-I4 /TED Parcel# .2 -28-3 7-3C- 0/300 - 0007-z- 0000 2.-28-37- Q$-oc -- Gc>O/f 0000 Z - zg -37-35 - O /'t co 0 ' C) I ? -- 11- 0 ©C) Disabled Vehicles Untended Vegetation Ke_ c dC vc_b . cXCRSSIvZ General Cleaning ,, Abandoned Property/Vehicles \\ y� Public Nuisance SFC.- 3' o - `f 3 Other: Notice of Violation: B .Ha 1-I d s t� Received: ORO Reinspected: � Status:rn f ri L Q Reinspected: Status: Reinspected: Status: - l Notice of Hearing: Mailed} d d2l►(2r�tl,Received: �1lvI D Reinspected: Status: Compliance Date: Code Enforcement Board Action: S -TAA -Tec) id 10 F;,t/L.-5-71-741111.0.0 74-1). 07/05 u1i ih lJoc�tir As�c��J o<� /, ?s / ,Lo•� `'}�7 S ��j 6�S Code Violation Report Date: / _ Z8 --C4 Number: `� - U /9' Name: / t' /A) W 8/MA/7—LEX Phone: Location: 18// S, P/`3e'a TT AV V- /905 S, PAMoTT AVE Address: !;v.. &7K /0C/ ()KEE-04 08CE( l- L 3 g97Y Lot(s): Block: Section: aMP(W / / FED Parcel# -2 -28-3 7-3c- ofioo - Oc3 i7 - OooC) -Za-37 O# o -- 0.0 /4E3 0000 Z—z8-37- 3S -D/47 — c>oo/g - /¢oO Disabled Vehicles Untended Vegetation General Cleaning Abandoned Property/Vehicles1� X Public Nuisance . AJC -C DOe i /t1567 c:/s-4 Q(; Cc- c: 3(1 .,P gawk Sft.9 LC de. cb sc e4 /1 n 4 ' t Other: e ECT,o/ J crf LA) C &e /1/C w/?, a.')vAJ/mu/.7 ei,A4 or/ Notice of Violation: L\et \l r ferl Received: // aq/0 4,/ Reinspected: J Status: fl u m p L4 e Reinspected: Status: Reinspected: Status: Notice of Hearing: Maild(� net 1 v r (c1 Received: 4404 Reinspected: Status: Compliance Date: Code Enforcement Board Action: L� 7D/J77.r Code Violation Report Date: / ZS Number: Oil/ `" OA) Name: MA-Kb/60 ti/ 6RAArT Ltd/ Phone: Location: /87/ S Pi`3�/ O TT Ai mos- s, (34,00-7-7- 11 -1/6 - Address: /O,. 80X /0C/ ()KEE 04 08EE rt 31497i/ Lot(s): Block: Section: /J AWL / / ED Parcel# .2-28-37-35 -O/O0- 000zz-OOO 2,-2a--37- 35- 0!1}00 - oo/[ -- 0000 Z-z8-37-35-OIlex) c -)c)0 Disabled Vehicles Untended Vegetation General Cleaning Abandoned Property/Vehicles Public Nuisance SEc. 3c'v Cl) Other: Aug /TEM D EF,iv V A S Th k 6 y t rs 03-e) MAN C R) C Y -51 41,14- ol- 6. e .P , �/ SA e C PIN aw a. re�cz into C.us s i ti& F! lAya-6) Foci- Sct 6acdc roc+. fi Frtutir proPc.r4- twe, 46(2_0) Pcx5-1' roL Notice of Violation: Moileditand t vere.J Received: l v� Rs pc., LM c Reinspected: Status: nit u m pl .c 4d Reinspected; Status: Reinspected: Status: Notice of Hearing: Mai4edtoinaQd;Yerat Received: Reinspected: Status: Compliance Date: Code Enforcement Board Action: •1c x'J79/ V/ 7 eel/ /-- '7-L:4/VI"J ) Aga L43 dd ..5 Date: 9 IS7 63 Code Violation Report Property Owner le4,_ [hid ..840/72C 7' Location: / V/ - /05 c /94,ez.o cue# ocs-- Phone: Making Address: 266 A/0 7-!' A/6 -- 2/2 ' 34/ 97Zr Lot(s): Block: Section: Parcel #2-2.<5' -37-35: O.900 - O6O/6 - 4C3 CO Disabled Vehicles _ Untended Vegetation _ General Cleaning _Public Nuisance /other. fie. Leer eade o ao i g -- cocxj C pca/9--/fcc7c 0o2 -z_ GoUa 3o- (i) Notice of Violation: Mailed. Reinspected: Reinspected: Reinspected: Status: urcd .0 el /0/-0 Notice of Hearing: Millie& g Received: Reinspected: Status: / f l Code Enforcement Action: y k 0 5 — . (T 6-rc CCC) rr►!i wide d -4ni OA. s• -i 4 C -U U,nG � I ,-(') tos n 4 k U r2�CA.t�'e_ -k) de c� r- -n ,re_ C P 5 0 n vtkir, �brar\-'f el `� s�� (o f e,K-1-y 'i -- ro f r ,) Q (Yl pi (01,41 C,Q.. i n 3 adCompliance Date: 61 0 r) cl 1 <-0/05---, pal( 1,1 ib q �. / J _ 00 , x-: )( Lrej gi -. -all+te�.� -+v o -e n �-�r� a Iii hE to arreda - �U,� dau s (i1/04-.. l5" � dr 05 C'..2 )(at' 9 Code Violation Report Date: 0 5 + 9 o 4 Case # Q(n - (19 Property Owner: I A 13, K Phone: Location: 190 5 Pig 2rz_ci itil f - Q Kg -g -c ice, Mailing Address: Po o NC 1 OS (- O K 3`1773 - Lot(s): O,c 1toLd fl ccI Block: r Section: Parcel # 2 _2 S-37 - J- OA. 00 - CU cat 1 - i C 0 Disabled Vehicles — Untended Vegetation General Cleaning e e 0E s . K s 46" -P tie f T V Public Nuisance J v A- a c (4"0:� +} . 6 st iS ;4.) SrS r O r pcl 8J C V Other: rl 1 th 1 i ,n s O 4.3 r,e cc i 6r/0/Lab-icy D�5 rs,is ami) As pObLiC pdAK/A0 Notice of Violation: Mailed: Received: Hand Delivered: Reinspected: q30/7) Status: no -1 (' cA-) mom(1( ice Status: a tit �r� h (� i" ' ?( a_ ct-t 1 € - 1nFa Reinspected: Reinspected: Status: Notice of Hearing: Mailed: Received: Hand Delivered: Reinspected: Status: Contacted: Owner: Tenant: Other: Contact made on: In person: By phone: _ Photo taken on: 0 61/4426 Code Enforcement Action: (0 0,)(4- C` 1't 7 J Q,is -1{6 m (0/%16 Y eiv' l o V C . FA1 C r 4r0 in �� �nt •p ro x/jr`ti Y)6esi.piCti.l %ri - ()3h'A () be asmie4 Cemplianeg-D -itur fl pa Ova Lo Pro -active I, --"Reactive /��� 1---/ rte:A106 Date: /•-Zf3--Cel Name: M4Kb'/J W. 8 ANTIf y Phone: Location: /81 / .S-, P,91eRO TT AV /90 ✓E' S . P RRoTT AVE PO, goX /057 EKE&CI-08C ( rt 3L/97/ Code Violation Report Number: 0 — 01 Address: Lot(s): Block: Section: ti n (.t9 / T/ E O Parcel# .2 "28_37-35 - Of CO - ono ZZ- 000c) 26--37- CD/.9-00 - 6(DO /8 - 0040 Z-zg-37-35-OMX - a0O(1 Disabled Vehicles Untended Vegetation General Cleaning Abandoned Property/Vehicles Public Nuisance Other: S -C -C 56 (2) Zex 4#42,11 cZe- 6141d /s2:3pc -6 cm,/ e -u i , 7, �r � (341) Foo -e G -ce.i-a Received: Notice of Violation: Mailed: Reinspected: l-6 I Status: AbT Done. 7 Zit J 44-4,1 /S e,-+v,1,6s7`fu (Vu-,/ Scrvi Reinspected: Status: Reinspected: Status: Notice of Hearing: Mailed: Received: Reinspected: Status: Compliance Date: Code Enforcement Board Action: Code Violation Report Date: / - Number: 011 0 (6 Name: M,4 ' W/l) BRAN T ft/ Phone: Location: /81 / S, /04,6q0 T T Ay 4'L /905- S, PARRoTT AVE Address: Pa .130X 105- I ()KEE C J4 0 8EE ( t" L 3q97// Lot(s): Block: Section: t//JP(-,4 T / 6D Parcel# .2 -2$-37-3c- O/ OO - ()co LZ- 00003 --37- 35-0,1-O0 -- Goo/f -- 0000 7,28 -37- 35-40/1C0 - 0 Cc /9 - !1-ooc Disabled Vehicles X Untended Vegetation a atiel t'eG ive_L Ge rJ L eX (-%s (V Q-racvvTh . General Cleaning Abandoned Property/Vehicles .h Public Nuisance SCL c� f 3 Other: Notice of Violation: Mailed: Received: Reinspected: .21q Status:Or Dove. Reinspected: Status: Reinspected: Status: Notice of Hearing: Mailed: Received: Reinspected: Status: Compliance Date: Code Enforcement Board Action: Code Violation Report Date: / ZS --0 44 Number: v' / - i q Name: M4 b?k) W. 8RANTlify Phone: Location: /81/ Sa P/� e/ 0 T7 AU. /905- S. PIIRRoTT AVE Address: PO, go'K /0 / OkE& Cl -4 Q eEE 3 L/ 97 Y Lot(s): Block: Section: 1I t'J ( /TED Parcel# .2 '2B 37-35-- ®fioo - OOo Lz - C ®®o 2-6-;7 3y- 0/41oo -- voo/l -- UO©O - z -E3 -37- 35 -0/1C0 c>OO/`l Disabled Vehicles Untended Vegetation General Cleaning Abandoned Property/Vehicles X Public Nuisance f&'CE DO&L' 416 -a -7-,C/ fr d��,." S'EC: go Other: eeEC7,o/J df ezN GrasE<e. "d44_,/u, Gi V, a_ on im a 1� ei i S cyf' (k) F t. Notice of Violation: Mailed: Received: Reinspected: Status: Ab T alNG Reinspected: Status: Reinspected: Status: Notice of Hearing: Mailed: Received: Reinspected: Status: Compliance Date: Code Enforcement Board Action: Code Violation Report Date: / •- Z 3 -0q Number: (IL/ ` Oc) Name: /V14Kbr`/u 6f MN7Lzf/' Phone: Location: /8// S, Pr)1eRo T/ A11, /9O5' S. PARRoTl ,q(0( PO. Box %O l OKE& C/ -E a eEE r% L L/97 Address: Lot(s): Block: Section: J A JPL, T f C D Parcel# .2 -28-37-3S - 0 fioo - Orb7-Z- dO®C &-28--37- otctpo -- 6Q0/ 000© Z -Z.8-37-35-0 moor Ciao/cc- ,dao© Disabled Vehicles Untended Vegetation General Cleaning Abandoned Property/Vehicles Public Nuisance X Other: AMS, /Tj/Gt DEFia'GV •4S 37-1,0k by h: o o-JriUary C.Q, or .5-741,4e- 0,-- 7` Self- ba.ac Notice of Violation: Mailed: Reinspected:f FroAiT prc, pGr4- t we< 4-(2-0) i- -Fro m Received: S c cL s d- R.ecx w Status: Or a+&) -t, Reinspected: Status: Reinspected: Status: Notice of Hearing: Mailed: Received: Reinspected: Status: Compliance Date: Code Enforcement Board Action: fir', �'•� ` ' 0- *go., . . • ,,, • ,: '1, � - �' '; .At • ,R�i�► _ ; :: '"► ,moi ��� � , �"� .4 �• • x memo 1 r is s s/� /di/ .�� •.�_• ., s `--..-,may +Es f"'*�- rim i j�� .� � Imo.' =�F•� - !�' 1I _ - 1 ` � � � t'►• � ` � — `+ ' ' iii iF.��. -, � � _ - Y; •gyp. f . �. %rte � ! ;!; • c,2/o 5% Li goa;i- I2_ atioa.-t- #3 d AMERICAN TELETIMER CORP. TELETIMER® > Timing • Photo Finish • CCTV 1167 Globe Avenue Mountainside, New Jersey 07092 Telephone (908) 654-4200 Fax (908) 653-115 816 SW 44"' BLVD Ford Cook: Director Of Field Operations Cell (863) 634-3642 Okeechobee, FL 34974 MEMO TO: Brian Whitehall RE: JUNK YARD DATE: 9-24-2009 FR: Ford Cook City Leaders & Mr. Whitehall; ?/<7tilo I have lived here in Okeechobee now 7 years and I would never go back to South Florida again after living the Quiet life here. With that said I have been embarrassed again by having guests and business people visit and comment on this 441 5 junkyard. I am aware and have followed this circus for years now and was hoping it would be over after the sale. With circumstances as they are I'm filing a complaint with Code enforcement and your office to put this mess to rest, once and for all. I don't care what happens behind the fence as long as the garbage and debris is out of sight. Between his disregard for the courts, code enforcement and D.E.P. he should be forced to comply or go to jail. PERIOD I know this is a sore subject but I'm hoping you can take the initiative to get something done for the people who care in this town. Respectfully; Ford Cook Field Operations Director from the desk of Betty J. Clement MEMORANDUM CITY OF OKEECHOBEE GENERAL SERVICES 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 863-763-3372 EXT. 218 TO: SUBJECT: Brantley's DATE: October 5, 2009 Fred, Attached is all the info I gathers that may or may not be useful. I called Kim to see if there were state permits relevant to operating a junk yard, but she was not aware of any. She is checking with surrounding municipalities. I found nothing on the web or Florida Statutes Regarding additional permits. Hope this is useful. Code of Ordinances: Section 66-1 Definitions Salvage yard — land or structure, or part thereof, used for collecting, storage or sale of wastepaper, rags, scrap metal or discard material; or for collecting, dismantling, salvaging storage or sale of machinery parts or vehicles not in running condition. Sec. 90-341. Generally. (a) Industrial (IND) zoning districts shall be permitted only on land designated as future land use category industrial in the comprehensive plan. (b) Uses in industrial (IND) zoning districts shall be subject to the regulations of this division. (LDR 1998, § 400) Sec. 90-343. Special exception uses. The following uses and structures are permitted in the IND district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Manufacturing chemical or leather products. (2) Bulk storage of hazardous material and flammable liquid. (3) Salvage yard: (4) Other industrial uses not listed. (5) Cafe. (6) Crematory. (7) Fortuneteller. (8) Permitted uses in excess of 45 feet in height. (9) Outdoor vehicle sales lot. No other zoning district has salvage yard as a permitted or otherwise use. Statutes cX. Constitution :View Statutes :->2009->ChU339->Section 241 : Online Sunshine Page 1 of 2 Select Year: 12009 ..7.1 Go The 2009 Florida Statutes Title XXVI Chapter 339 View Entire Chapter PUBLIC TRANSPORTATION TRANSPORTATION FINANCE AND PLANNING 339.241 Florida Junkyard Control Law. -- (1) SHORT TITLE. --This section shall be known as the "Florida Junkyard Control Law." (2) DEFINITIONS. --Wherever used or referred to in this section, unless a different meaning clearly appears from the context, the term: (a) "Areas zoned for industrial use" means all areas zoned for industrial use by governmental entities within the state or an unzoned industrial area approved by the department. Such areas must be based upon the existence of at least one industrial activity other than the junkyard or scrap metal processing plant. (b) "Automobile graveyard" means any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. (c) "Distance from edge of right-of-way" means the distance presently defined in 23 U.S.C. s. 136(g). (d) "Federal -aid primary highway' means any highway within that portion of the State Highway System as included and maintained under chapter 335, including extensions of such system within municipalities, which has been approved by the Secretary of Transportation pursuant to 23 U.S.C. s. 103(b). (e) "Fence" means an enclosure so constructed or planted and maintained as to obscure the junkyard from ordinary view to those persons passing upon the highways in this state. (f) "Interstate highway" means the system presently defined in 23 U.S.C. s. 103(e). (g) "Junk," "junkyard," and "scrap metal processing facility" mean the same as defined in 23 U.S.C. s. 136. (3) RESTRICTIONS AS TO LOCATION. --No junk, junkyard, automobile graveyard, or scrap metal processing facility shall be operated or maintained within 1,000 feet of the nearest edge of the right-of-way of any interstate or federal -aid primary highway, except: (a) A junkyard which is screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main -traveled way of the highway or which is otherwise removed from sight. (b) A junkyard or scrap metal processing facility which is located in an area zoned for industrial use. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String=&URL=Ch03... 10/2/2009 Statutes & Constitution :View Statutes :->2009->Ch0339->Section 241: Online Sunshine Page 2 of 2 (c) A junkyard or scrap metal processing facility which is not visible from the main -traveled way of any interstate or federal -aid primary highway. Any junkyard which was in existence on December 8, 1971, which the department determines cannot be screened because of topography and elevation is not required under this section to be removed, relocated, or disposed of until federal funds are available. (4) REQUIREMENTS AS TO FENCES; EXPENDITURE OF FUNDS. -- (a) A fence constructed under the provisions of this section shall be kept in good order and repair, and any advertisement on the fence shall be regulated by applicable state law. (b) The department is authorized to spend such funds as are necessary to obtain federal -aid funds for the purposes described in this subsection. (5) ENFORCEMENT. --It is the function and duty of the department to administer and enforce the provisions of this section. The department or any public official may apply to the circuit court or another court of competent jurisdiction of the county in which the junkyard or scrap metal processing facility may be located for an injunction to abate such nuisance. (6) PENALTY. --Any person who violates any provision of this section is subject to a fine of not less than $50 or more than $200. Each day during any portion of which such violation occurs constitutes a continuing separate offense. History. --ss. 1, 2, 3, 4, 5, 6, ch. 71-338; ss. 1, 2, 3, 4, 5, 6, 7, ch. 71-972; s. 221, ch. 84-309; s. 105, ch. 99-385. Copyright ©1995-2009 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String=&URL=Ch03... 10/2/2009 A. The Clean Water Act Topic Learning Objectives: At the conclusion of this session, students will be able to identify when an NPDES permit is required and the basic requirements the NPDES permit imposes. ACRONYMS you will encounter in this topic are: BAT Best Available Technology BCT Best Conventional Technology BOD Biochemical Oxygen Demand BMP Best Management Practices BPJ Best Professional Judgment BPT Best Practical Technology CWA Clean Water Act EPA Environmental Protection Agency FDF Fundamentally Different Factor NPDES National Pollutant Discharge Elimination System NSPS New Source Performance Standard POTW Publicly Owned Treatment Works TMDL Total Maximum Daily Load WQS Water Quality Standard Related topics are included in these other topics: 404 Permits, The Clean Air Act, Regulatory Enforcement Additional readings to supplement the instruction are: Clean Water Act Deskbook, Environmental Law Institute, Environmental Law: Air and Water, William Rodgers Clean Water Act Introduction In the Clean Water Act, Congress announced a national goal that "the discharge of pollutants be eliminated by 1985" and an interim goal that all waters of the United States would be fishable and swimmable by 1983. CWA § 101(a)(1), (2). The Clean Water Act relies on three principal mechanisms to achieve improvement in water quality: 1. a permitting program limiting discharges of pollution into surface waters; 2. a program for identifying water bodies where water quality is problematic and limiting the sources of pollution to such water bodies; and 3. a grant and loan program for the upgrading of publicly owned sewage treatment facilities. Many different types of sources posing specific water pollution problem — including the storm water runoff program, of particular interest to the Corps — fall within the general pollution discharge permitting program. I. Scope of pollution discharge permitting progress A. The National Pollutant Discharge Elimination System (NPDES) program applies to all discharges of pollutants from point sources into navigable waters. [§§ 301, 402 and 502(12)] B. What is a "discharge of a pollutant?" 1. The definition of "pollutant" is very broad. It includes virtually any physical substance, including munitions. See Weinberger v. Romero-Barcelo, 456 U.S. 305 (1982). Heat is an example of a non-physical substance that is with the definition of "pollutant" that is covered by the Act. Concrete, sand and paint chips that fall into a bay during transport are "pollutants" whose discharge requires a permit. United States v. West Indies Transport, 127 F.3d 299 (3d Cir. 1997). Aerial discharges of pesticides can be the discharge of pollutants even if the application complies with federal pesticide laws. No Spray Coalition, Inc. v. City of New York, 351 F.3d 602 (2d Cir. 2003); League of Wilderness Defenders v. Forsgren, 309 F.3d 1181 (9th Cir. 2002). Chapter VI, Section A 2 Notes Clean Water Act 2. There is no regulatory threshold or de minimis exception. Every discharge of a pollutant is covered under the Act — presuming that the other requirements are also met. 3. Although dams clearly change water quality, they usually do not "add" pollutants to the water and therefore do not require a NPDES permit. National Wildlife Federation v. Gorsuch, 693 F.2d 156 (D.C. Cir. 1982). See also National Wildlife Federation v. Consumers Power Co., 862 F.2d 580 (6th Cir. 1988) (fish ground up by being entrained into hydroelectric turbines were not an "addition" of a pollutant; no NPDES permit required). Drawing down a dam and allowing collected sediment to run down stream can be the introduction of a pollutant into navigable waters. Greenfield Mills, Inc. v. Macklin, 361 F.3d 964 (7th Cir. 2004). The waste naturally generated by mussels that are not artificially fed has been held not to be a pollutant. Association to Protect Hammersley, Eld & Totten Inlets v. Taylor Resources, Inc., 299 F.3d 1007 (9th Cir. 2002). 4. Removing water from an artificial lake for municipal water use will not require a NPDES permit, even when water quality is affected. North Carolina v. FERC, 112 F.3d 1175 (D.C. Cir. 1997). A diversion of water that is returned to the same stream does not require a permit, United States v. Law, 979 F.2d 977, 979 (4th Cir. 1992); United States v. Tennessee Water Quality Control Board, 717 F.2d 992 (6th Cir. 1983). Recently, EPA argued to the Supreme Court that any discharge of navigable waters into navigable waters is not the addition of a pollutant. Although it did not rule on the argument directly, the Supreme Court may have cast doubt on that view. See South Florida Water Management District v. Miccosukee Tribe, 124 S. Ct. 1537, 1544.45 (2004). A diversion from one stream to another may constitute the "addition" of pollutants to the second stream and does require a NPDES permit. Catskills Mountains Chapter of Trout Unlimited v. City of New York, 273 F.3d 481 (2d Cir. 2001); DuBois v. U.S. Dept. of Agriculture, 102 F.3d 1273 (1st Cir. 1996) (water used for making artificial snow ran off into different stream). The discharge of contaminated groundwater associated with coalbed methane gas extraction is the discharge of a pollutant. Norther Plains Resource Council v. Fidelity Exploration & Development Co., 325 F.3d 1155 (9th Cir. 2003). C. The definition of "point source" is similarly broad, including "any Chapter VI, Section A 3 Notes Clean Water Act discernible, confined and discrete conveyance." The point source need only convey pollutants; it does not need to generate the pollutants. South Florida Water Management District v. Miccosukee Tribe of Indians, 124 S. Ct. 1532 (2004). 1. Even surface water runoff may constitute a point source discharge if it is channeled or collected. U.S. v. Earth Sciences, Inc., 599 F.2d 368 (10th Cir. 1979). 2. In U.S. v. Plaza Health Laboratories, Inc., 3 F.3d 643 (2d Cir. 1993), a criminal case, the Second Circuit determined that the United States could not criminally sanction an individual who had disposed of vials of contaminated blood in a bulkhead, from which they were washed into the Hudson River by tidal influences. The court held that the term "point source" does not unambiguously include humans who directly deposit pollutants into the navigable waters. The Ninth Circuit recently held that cattle are not in and of themselves point sources. Oregon Natural Desert Ass 'n v. Dombeck, 172 F.3d 1092, 1099 (9th Cir. 1998). Similarly, harvesting facilities for mussels that feed on the surrounding water are not point sources. Association to Protect Hammersley, Eld & Totten Inlets v. Taylor Resources, Inc., 299 F.3d 1007 (9th Cir. 2002). 3. In Concerned Area Residents for the Environment v. Southview Farm, 34 F.3d. 114 (2d Cir. 1994), the same Second Circuit applied the term "point source" much more liberally in a civil enforcement case. There, in a case involving a citizen suit against a dairy farm operator, the court decided that the term included not only the ditches through which liquid manure flowed into the river, but also the spreading vehicles that sprayed the liquid manure over the farm more generally. "Nonpoint sources" include the runoff of polluted water from streets, farms, timber operations, construction sites, and other diverse places. Nonpoint sources are not subject to the NPDES permit system; instead, they are covered by a much less stringent regulatory scheme. D. Navigable waters -defined in § 502(7) to include all "waters of the United States, " which are in turn defined by regulation to include all waters which might be susceptible to use in interstate commerce and all other waters, such as lakes and wetlands which could affect Chapter VI, Section A 4 Notes Clean Water Act interstate commerce, including those from which fish could be taken and sold in interstate commerce. In Solid Waste Agency of Northern Cook Cy. v. United States Army Corps of Engineers, 531 U.S. 159 (2001), the United States Supreme Court took a relatively narrow view of "waters of the United States" with respect to the part of the Corps regulatory definition addressing migratory birds. The Court said that Congress had not clearly stated an intent to subject waters to federal regulation because of use by migratory birds, and refused to allow the EPA to do so as an interpretation of the statute. The Court left open whether Congress could have asserted Commerce Clause jurisdiction based on the use of waters by migratory birds, if it had spoken more clearly. So the parameters of Commerce Clause jurisdiction remain unclear. Also, Solid Waste Agency was a 5 - 4 decision, suggesting that a change in the Court's composition or a different set of facts might produce a different result. The appellate decision in United States v. Wilson, 133 F.3d 251 (4th Cir. 1997), is still relevant to the Commerce Clause issue. That court invalidated a regulation extending the jurisdiction of the Clean Water Act to wetlands that "could" be involved in interstate commerce. The court suggested that the reliance upon such a potential effect on interstate commerce would exceed Congressional power under the Commerce Clause. E. Discharges to Groundwater The EPA now takes the position that discharges to groundwater are not within the federal NPDES permitting scheme. Court are split on this issue. In any event, some state permitting schemes incorporate discharges to groundwater, whether or not federal law requires them to. F. Administration of the NPDES Permit System NPDES permits issued under CWA § 402 have several important standard features. In general, they are not supposed to last more than five years and each re -issuance of the permit is supposed to be more stringent than the last. CWA §§ 402(a)(3), 402(b)(1)(B), 402(o). Most states have received authorization from the EPA to operate the NPDES permit system within their state, with EPA acting only in a back-up capacity. State permit programs must be as stringent as the federal program. In states that are not authorized to administer the NPDES program, the permitting Chapter VI, Section A 5 Notes Clean Water Act authority is EPA's Regional Office. Many of EPA's actions under the CWA are exempt from NEPA review. CWA § 511(c)(1). The CWA also allows Indian tribes to take over NPDES permitting within their reservations upon authorization by EPA, and a few have done so. II. Limits on Pollution from Industrial Dischargers A. Existing Dischargers 1. The CWA established a phased approach in which dischargers were first required to install the best practical technology ("BPT") and then the best available control technology that is economically achievable ("BAT"). The deadline for BAT has passed. § 301(b). EPA has promulgated effluent discharge limitations for more than 50 categories of industrial activity. 2. BAT is now required for all toxics and non -conventional pollutants. BAT does not allow a cost/benefit test. Rather, EPA is only to determine whether the technology is economically achievable for the relevant industrial category as a whole. 3. Best conventional technology ("BCT") is used for conventional pollutants (e.g. BOD, pH, and suspended solids) — This standard falls somewhere between BPT and BAT. 4. BPT is the starting point and the question is whether a category of sources can achieve more reduction at a reasonable cost. 5. If EPA has not set nationally applicable standards for a particular category of industry, the permit issuer is required to exert its "best professional judgment" ("BPJ") regarding what the standards will be. 40 C.F.R. § 125.3(3)(2) and (d). 6. BPT, BCT, and BAT are all subject to a "fundamentally different factors variance" ("FDF") (now codified at § 301(n)), which allows for a finding that, in setting the uniform limitation, EPA did not consider the full range of current practices. It is as though a new subcategory was required. 7. Section 301(c) allows individual sources to apply for a variance from BAT based upon affordability concerns. Under no circumstances, however, will affordability justify Chapter VI, Section A 6 Notes Clean Water Act the application of less than the BPT requirements. This variance is rare. B. New Sources 1. New Sources in certain industrial categories are subject to distinct discharge limits called New Source Performance Standards (NSPS). These are based on BADT — Best Available Demonstrated Technology. § 306. Theoretically, this standard requires even less consideration of cost than BAT. 2. No variances are available based on site specific circumstances or affordability. 3. New sources are protected from requirement to upgrade their technology for a period of ten years. 4. NEPA applies to an EPA decision to issue a § 402 permit to a new source. CWA § 511(c)(1). C. Pretreaters - § 307. 1. Pretreaters are those who discharge into a POTW system instead of directly into the navigable waters. 2. While they need not have permits, pretreaters must meet roughly the same technological standards as direct dischargers. EPA sets these standards for both existing and new sources. 3. Pass Through and Interference — 40 C.F.R. § 403.5 bars pretreaters from introducing into a POTW any pollutants that "pass through" the POTW or "interfere" with its operation. 4. Removal Credits -Section 307 (b) (1) authorized EPA to establish a "removal credits" program through which pretreaters get credit for treatment provided by their POTWs', thus reducing the pretreaters' treatment requirements. The effectiveness of this program was curtailed by the fact that most pretreaters had installed the necessary treatment technology by the time EPA developed sludge management standards, which were a statutory precondition to the program's effectiveness. Chapter VI, Section A 7 Notes Clean Water Act 5. The major difference between pretreaters and direct dischargers is that pretreaters are regulated in the first instance by the local publicly owned treatment works (POTW), not the state or EPA. D. Other Sources Subject to NPDES Permitting 1. Cooling waters and non -contact wastewaters 2. Sewage sludge, for various types of disposal, including use on land, disposal on land, and incineration 3. Concentrated Animal Feeding Operations (CAFOs) such as industrial -scale hog and poultry farms 4. Aquatic animal production facilities. The Ninth Circuit has held that a mussel harvesting facility which did not require any artificial feeding (the mussels derived all of their food naturally from the surrounding water) did not require an NPDES permit. Association to Protect Hammersley, Eld & Totten Inlets v. Taylor Resources, Inc., 299 F.3d 1007 (9th Cir. 2002). 5. Aquaculture facilities 6. Silvicultural activities that cause water pollution 7. "Mountaintop removal" The Fourth Circuit has held that this activity can be subject to § 404, rather than § 402. Kentuckians for the Commonwealth v. Rivenburgh, 317 F.3d 425 (9th Cir. 2003). This decision reversed a decision of a district court which held that this activity should be regulated under § 402. 8. Cooling water structures for power plants, CWA § 316(b). E. Specialized Discharge Criteria 1. Discharges into the ocean 2. Thermal discharges F. .General Permits 1. As an alternative to individual NPDES permits the Chapter VI, Section A 8 Notes Clean Water Act permitting authority may in its discretion issue general permits. 40 C.F.R. § 122.3(d). See Natural Resources Defense Council v. Costle, 568 F.2d 1369 (D.C. Cir. 1977) (general permits allowed under the Clean Water Act). General permits are typically written to cover a category of discharge or sludge use or disposal practices within a particular geographic area. General permits are also often used to regulate storm water discharges. 2. Most CWA general permits require submission of a written notice of intent in advance. There may be a waiting period, a specified commencement date, or requirement of acknowledgment before commencing the activity. The permitting authority may require an application for individual permit instead of allowing discharge under a general permit. G. Effect of a Permit 1. Generally speaking, the permit serves as a shield in enforcement actions. Compliance with a permit is deemed to constitute compliance with the Act. § 402(k). 2. Permits may be modified during their effective life or revoked and reissued. 40 C.F.R. § 122.62. 3. Permits generally last for 5 years, and their limitations can be narrative rather than numerical. III. POTWs A. The basic scheme is very simple. Section 301 (b)(1)(B) required POTWs to achieve what are referred to as "secondary treatment" levels by July of 1977. B. There used to be a second tier of cleanup standards, comparable to BAT, that were to be achieved by 1983. This was referred to as "tertiary treatment." But this requirement was eliminated in 1981. C. Secondary treatment is defined by the establishment of numerical values — at 40 C.F.R. § 133.102 — for three parameters: BOD, suspended solids, and pH. D. Combined Sewer Systems About 950 older cities and towns have "combined sewer systems" Chapter VI, Section A 9 Notes Clean Water Act (CSSs) whose pipes convey a combination of sanitary waste and storm water runoff to a POTW. In times of heavy precipitation, these systems are designed to overflow, discharging untreated sewage directly into surface waters. Such combined sewer overflows (CSOs) cannot be eliminated in the short term. As point sources, CSSs require a NPDES permit. Minimum technology controls to manage CSOs are required, as is a long range control plan. Permits are written based on BPT, and may contain only narrative water quality standards. They are nevertheless enforceable against non -complying POTWs in citizen suits. Northwest Envt'1 Advocates v. City of Portland, 56 F.3d 979 (9th Cir. 1995). IV. The Storm Water Control Program A. In many instances the runoff created by storm water passes through "point sources" on its way to navigable waters. These sources (e.g., parking lot drains and entire stormwater drainage systems) historically were underregulated under the CWA, although EPA always asserted authority to issues permits. Yet polluted storm water plays an important role in degrading water quality. B. In 1987, Congress enacted § 402(p) of the Clean Water Act, directly addressing storm water discharges for the first time. This provision makes clear that all storm water based point sources eventually must be regulated under the NPDES system. C. The timing and substance of the requirements vary depending on the category of the storm water discharge and the amount of land involved. Phase I of the storm water regulatory program addressed discharges from industrial systems (including construction sites) involving more than five acres, and from municipal systems serving populations of 100,000 or more. Phase II was addressed by EPA regulations in 1999. 64 Fed. Reg. 67,722 - 68,852 (Dec. 8, 1999). These new regulations impose permit requirements on industrial sites (including construction sites) of between one and five acres and municipal sites serving less than 100,000 people. Discharges that have to be regulated to comply with total maximum daily load (TMDL) requirements are also included. Most of these regulations have been upheld. Environmental Defense Center v. USEPA, 344 F.3d 832 (9th Cir. 2003). 1. Discharges associated with industrial activity a. Definition — EPA has defined this term to include Chapter VI, Section A 10 Notes Clean Water Act discharges "from any conveyance that is used for collecting and conveying storm water and that is directly related to manufacturing, processing or raw materials storage areas at an industrial plant." 40 C.F.R. § 122.26(b)(14). EPA's definition lists eleven broad types of activities that qualify as industrial activity, including construction activities that result in the disturbance of one acre or more of land, and the operation of landfills and recycling facilities (including scrap metal yards, automobile junkyards, and the like). b. Federal, state and municipality -owned or operated industrial facilities are included in the permit requirement. 40 C.F.R. § 122.26(b)(14). c. Excluded from the permit requirements is storm water runoff from facilities separate from a permittee's industrial activity — such as office buildings and associated parking lots — so long as the drainage from the excluded areas does not mix with storm water from the industrial areas. 40 C.F.R. § 122.26(b)(14). d. The regulations promulgated in 1999 make available an exclusion to the permit requirement where the discharge is composed entirely of storm water runoff and there is no exposure of the water to industrial activities or materials. 40 C.F.R. § 122.26(g). This exception is not available for construction activities. 40 C.F.R. § 122.26(g)(3)(i). e. Group application process rescinded Prior to mid -2000, storm water dischargers had the option of filing for group permits. This approach has now been rescinded, replaced by an expansion of the general permit procedure to allow more than one sector to be addressed in a single general permit. 65 Fed. Reg. 30886, 30889 - 30890 (May 15, 2000). f. Timing and contents of applications i. For existing large industrial sites, applications were due October 1, 1992. Chapter VI, Section A 11 Notes g. Clean Water Act ii. For existing industrial sites between one and five acres, the deadline for individual permit applications is March 8, 2003. 40 C.F.R. § 122.26(e)(1)(ii). iii. For new industrial sites, the application for a new discharge permit must be made at least 180 days before the facility commences industrial activity (90 days for small construction activity). 40 C.F.R. § 122.21(c)(1). iv. The information required for an individual application is quite extensive. 40 C.F.R. § 122.26(e). Substance of permit requirements CWA § 402(p)(3)(A) indicates that permits for storm water discharges associated with industrial activity shall meet all applicable requirements under § 301, which would include both technology- and water -quality based requirements. Permits will also typically include a site specific management plan. 2. Municipal Separate Storm Sewer Systems (MS4s) a. Jurisdiction Large MS4s — those serving populations of 250,000 or more — were to complete their permit applications by November 16, 1992. Medium MS4s — those serving populations of between 100,000 and 250,000 — were to complete their permit applications by May 18, 1993. ii. Small MS4s are those that are not large or medium. They are regulated pursuant to 40 C.F.R. § 122.30 - 122.37. They must operate under a NPDES permit when • they are located within an urbanized area as determined by the latest decentennial census; or Chapter VI, Section A 12 Notes Clean Water Act • they have been designated by the permitting authority, either on the basis of their effects or potential effects on water quality or their significant discharge of pollutants, or in response to a petition. iii. States are required to designate small MS4s whose discharges have or may result in exceedances of water quality standards, impairment of designated uses, or other significant water quality impacts. They must do so by December 9, 2002 (December 9, 2004 is the state has a statewide watershed management plan). 40 C.F.R. § 123.35(b)(3). iv. An MS4 serving a population of less than 1000 may obtain an exemption from the permit requirement. 40 C.F.R. § 122.32(d). An MS4 serving a population of less than 10,000 may obtain an exemption from the permit requirement if water quality is not impaired by the runoff, but this waiver must be reviewed at least once every five years. 40 C.F.R. §§ 122.32(e), 123.35(d)(1), (6). The state must issue these exemptions by December 9, 2002,unles it has a statewide watershed management plan. 40 C.F.R. § 123.35(d)(5). v. A small MS4 in the same urbanized area as a large or medium MS4 may seek to be joined as a limited co -permittee on the other MS4 permit. 40 C.F.R. § 122.35. vi. Separate storm sewers serving very small discrete areas, such as a single building, do not require permits. 40 C.F.R. § 122.26(b)(16)(iii). vii. Systems combining storm water and sewage are Combined Sewer Systems (CSSs) and are regulated elsewhere within the NPDES program. c. Small MS4s may be owned by a government body Chapter VI, Section A 13 Notes Clean Water Act or a tribe. They may include military bases, large hospitals, prisons, highways and so on. 40 C.F.R. § 122.26(b)(16). c. Small MS4s must apply for coverage under a NPDES permit by March 10, 2003, unless the permitting authority requires an earlier date. 40 C.F.R. § 122.33(b)(2)(ii), (c)122.33(c)(1). For an MS4 in a jurisdiction of less than 10,000, if the state has a watershed management plan the state may develop a phase-in program with permits issued no later than March 8, 2007. 40 C.F.R. § 123.35(d)(3). d. EPA recommends that small MS4 permitting be accomplished with general permits, but leaves the final decision to the permitting authority. e. A regulated small MS4 may either i. Develop, implement and enforce a storm water management program with the prescribed minimum contents, or ii. Apply for a permit under the same regulations as large and medium MS4s. f. The CWA requires MS4s to reduce the discharge of pollutants to the maximum extent practicable. CWA § 402(p)(3)(B)(iii). The permitting authority may impose management practices, control techniques, and design and engineering standards. See 40 C.F.R. § 122.34. MS4 permits need not include numerical effluent limitations. Defenders of Wildlife v. Browner, 191 F.3d 1159 (9th Cir. 1999). See 40 C.F.R. § 122.34(a) (preference for narrative effluent standards). 3. Storm Water Discharges Associated with Construction Activity Technically, construction activity is a subcategory of industrial activity, but it has some separate regulatory requirements. Chapter VI, Section A 14 Notes Clean Water Act a. "Construction activity" includes clearing, grading and excavating. b. Storm water runoff from "construction activity" of five acres or more must obtain a permit. This activity applies to construction activity of less than five acres if it is part of a common plan of more than five acres, or if the runoff would contribute to the violation of water quality standards or contribute significant pollutants to waters of the United States. c. "Small construction activity" is regulated for the first time as a result of the 1999 EPA regulations. It is defined as a disturbance of between one and five acres. And an even smaller disturbance will trigger the permit requirement if it is part of a larger common plan that would disturb one to five acres. 40 C.F.R. § 122.26(b)(15)(i). d. Exemptions and Waivers i. Permit unnecessary to protect water quality. ii. Construction will occur during period of low rainfall erosivity. iii. For small construction projects, routine maintenance. e.. Application requirements are set out in 40 C.F.R. § 122.26(c). A general permit is available for many types of industrial activity in most of the EPA Regions, rather than an individual permit. 65 Fed. Reg. 64746 (Oct. 30, 2000), corrected, 66 Fed. Reg. 1675 (Jan. 9, 2001). An application for a permit must be filed at least 90 days before construction is to commence. 40 C.F.R. § 122.21(c)(i). f. Substantive requirements EPA has not yet standardized construction and post - construction Best Management Practices. Currently they are at the discretion of the permittee. EPA is developing a "toolbox" to assist states, municipalities and others involved in the Phase II Storm Water program. It will include Chapter VI, Section A 15 Notes Clean Water Act fact sheets, guidance, a menu of BMPs, and information clearinghouse, and so on. It will be available at <www.epa.gov/owm/switoolbox>. V. The Clean Water Act includes several regulatory schemes based on Water Quality Standards (WQS). These can be thought of as back-ups to the technology-based standards imposed for NPDES effluent standards. The most important uses of the WQS are in the Total Maximum Daily Load (TMDL) program; the related individual control strategy (ICS) program for toxic pollutants; and the state certification program for federally issues permits involving a discharge. The WQS is also linked to controls on non - point sources and to various planning requirements contained in the CWA. Water Quality Considerations A. Establishment of water quality standards. 1. The states, or tribes that are qualified, first decide on the use of each water body and the criteria necessary to protect that use. a. Section 303(c)(2)(A) requires that the standards consider the water body's use and value for public water supplies, propagation of fish and wildlife, recreational purposes, etc. b. EPA has clear review under § 301(a) and (c). (1) EPA's regulations require states to protect uses not only if they are existing uses, but also if they are attainable. 40 C.F.R. § 131.10. c. States have only very limited ability to eliminate designated uses. (1) There are only narrow circumstances in which designated uses that are not existing uses may be removed. The most significant of these is where controls more stringent than BPT, BCT, and BAT would result in substantial and widespread economic and social impact. 40 C.F.R. § 131.10(g) (2) States may not eliminate existing uses. 40 C.F.R. § 131.10(h) Chapter VI, Section A 16 Notes Clean Water Act The NPDES control strategy has two prongs. First, it imposes technology- based requirements designed to ensure a uniform degree of control within each industry. Second, it requires the impositions of such further controls as are necessary to ensure that the receiving water maintains compliance with water quality standards. Chapter VI, Section A 17 Notes Clean Water Act 2. States also set the water quality criteria necessary to support the uses chosen. These are typically based on the EPA guidelines. See 40 C.F.R. § 131.11. EPA reviews and approves the criteria adopted by the state. B. The Antidegradation Policy - 40 C.F.R. § 131.12 [now codified at § 303(d)(4)(B)] 1. Existing uses and the water quality necessary to maintain them shall be sustained; 2. If the water quality is better than the level necessary to support propagation of fish, shellfish, wildlife, and recreation, it shall still be maintained at that level unless the state finds, after going through a public process, that allowing lower water quality is necessary to accommodate important economic or social development; and third 3. Where high quality waters represent an outstanding national resource, they must be maintained. C. Implementation of WQS 1. § 301(b)(1)(C) requires permit users to impose any more stringent limitations — beyond technology-based limitations — such as are necessary to achieve compliance with water quality standards. a. EPA's regulations bear out this scheme by requiring the permit issuer to determine whether any discharges to be permitted have the reasonable potential to cause or contribute to water quality standard violations. 40 C.F.R. § 122.44(d). Moreover, 40 C.F.R. § 122.4(d) specifically precludes the issuance of any permit where its conditions cannot ensure compliance with water quality standards. b. Many NPDES permits contain a simple narrative prohibition precluding the discharger from discharging any pollutants that cause or contribute to violations of water quality standards. Revising an earlier position the Ninth Circuit has held that narrative conditions standing above are enforceable in a citizen suit. Northwest Environmental Advocates v. City of Portland, 56 F.3d 979 (9th Cir. 1995). Chapter VI, Section A 18 Notes Clean Water Act 2. § 303(d) — TMDLs — this section required the states to: identify those waters for which the technology-based limitations are not going to achieve water quality standards, adopt priority rankings, and finally, for each waterbody, establish the TMDL for each offending pollutant. This requires a two-step process: • Establish the total amount of pollution that the water body could assimilate and remain in compliance with water quality standards; and • Allocate that load to known sources, including non - point sources — reserving some amount for new sources or to account for scientific uncertainty. a. Tribal authority over water quality, made clear by CWA §518(e), is nevertheless problematic. Non -tribal members have been concerned that their holdings would be regulated to a Tribe's tough standard. The Ninth Circuit has held this to be an appropriate effect of the statute's grant of jurisdiction. Montana v. U.S. Environmental Protection Agency, 137 F.3d 1135 (9th Cir. 1998). See also Albuquerque v. Browner, 97 F.3d 415 (10th Cir. 1996) (upholding EPA authorization of tribe's administration of its own water quality standards and consequently imposing downstream tribe's stricter standard on upstream users). b. If it worked, the TMDL program would be the centerpiece of water quality regulation. It requires every state (and tribe) to assess regularly the quality of all waters within the state (or reservation), and to take action to improve water quality that falls below a minimum. It includes non -point sources, which in many instances are the most significant remaining sources of pollution. In fact, a TMDL can be established for a waterbody that is impaired solely by nonpoint source pollution. Pronsolino v. Nastri, 291 F.3d 1123 (9th Cir. 2002). It also allows state and tribes to go beyond the BAT/NSPS/BCT/secondary treatment levels of the NPDES program in order to protect water quality. c. However, the TMDL program was ignored and all but abandoned both by the state and by EPA. It has required Chapter VI, Section A 19 Notes Clean Water Act a decade and a half of citizen suits to force EPA to take this program seriously. In 1999, EPA apparently turned around, issuing two proposed rules addressing this program. This change of heart mobilized agribusiness and some other agencies opposed to the TMDL program. In the summer of 2000 EPA and Congress engaged in a race. EPA got its strict new TMDL final rule issued only days before Congress would have prohibited it. 65 Fed. Reg. 43,586 (July 13, 2000). Congress in turn prohibited the rule from going into effect until October 1, 2002. EPA formally withdrew the rule in 2003, leaving in place the procedures for identifying water quality impaired segments of waterways. Final Rule, Withdrawal of Revisions to the Water Quality Planning and Management Regulation, 68 Fed. Reg. 13,608 (March 19, 2003). 3. § 304(1) — A TMDL program with compliance deadlines a. The Individual Control Strategy (ICS) program, introduced in 1987, only applies to toxics. b. But other than that, Section 304(1) basically reestablishes the TMDL program with deadlines and forced EPA action if the deadlines are not met. It required states to identify the toxic hotspots, to identify the sources, and to establish Individual Control Strategies for bringing those sources into compliance with altered permit conditions within three years after the approval of the strategy. 4. The Clean Water Act provides states another mechanism to protect their water quality in CWA §401. a. Any applicant for a federal license or permit "to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters," must provide the licensing or permitting agency a certificate from the state in which the discharge originates. The certificate addresses both effluent limitations and water quality. It becomes a permanent part of the license. The federal agency may not alter it, and must include in the permit or license whatever conditions the state imposes. When the state refuses to issue the certification, the federal Chapter VI, Section A 20 Notes Clean Water Act authority may not issue the permit or license. b. This gives the state a toehold in several federal permitting schemes, including i. federally issued NPDES permits ii. federally issued dredge and fill permits iii. hydroelectric licenses under the Federal Power Act, Alabama Rivers Alliance v. FERC, 325 F.3d 290 (D.C. Cir. 2003) (FERC acted improperly in not requiring 401 certification for turbine replacement that would lead to an increase in water volume) iv. licenses for nuclear power plants that involve releases of cooling water Federal Discharge permits that result only in non -point discharges, such as grazing permits, do not trigger the Section 401 consultation requirement. Oregon Natural Desert Ass 'n v. Dombeck, 172 F.3d 1092 (9th Cir. 1998) c. The profile of Section 401 was raised by PUD No. 1 of Jefferson County v. Washington Department of Ecology, 511 U.S. 700 (1994). The case allowed Washington state to impose an instream flow condition on the design of a hydroelectric project, even though the requirement made the project uneconomic. d. Certification under Section 401 is obtained from the state and is reported to the federal agency. i. Federal agencies often have specific regulatory procedures to deal with the details of Section 401 certification. ii. State agency decisions over whether to certify and what conditions to impose are matters of state environmental law. They must be challenged through the relevant state administrative and judicial process. States have differed considerably in how broadly they interpret the authority granted to them by CWA § 401. VI. Nonpoint Source Pollution Nonpoint source pollution is an apparently intractable problem. It includes Chapter VI, Section A 21 Notes Clean Water Act runoff from agricultural, urban and industrial areas. In some places it may account for more than half of the remaining pollution load finding its way into surface waters. The TMDL scheme, which might address non -point sources, is not functional in most parts of the country. The various planning programs within the CWA are ineffective. States have a variety of techniques at their disposal outside the CWA scheme, but they too are reluctant to interfere with what are often basic land uses in order to improve water quality. Topic Summary Points • The Clean Water Act regulates discharges of pollutants from point sources to navigable waters. Discharge without a permit is prohibited. • Many types of sources of pollution, in addition to the prototypical end -of - pipe, have been treated as point sources. Effluent limitations based on what is technologically feasible have been promulgated for various categories of industry, as well as publicly -owned treatment works and other categories of point source. Most states have received authorization from EPA to operate the NDPES permit program, with EPA setting minimum standards and backing up state enforcement. Storm water runoff requires a NPDES permit when from industrial sites, including construction activities of greater than one acre, and small municipal systems. These permit requirements apply to facilities owned by the government. The Clean Water Act imposes further controls on polluters in order to achieve and maintain water quality standards. States set the water quality standards water body by water body, with approval from EPA. CWA Section 401 requires applicants for federal permits or licenses involving discharge into water to obtain state certification that the licensed project will comply with state water quality standards. This gives the state considerable control over certain types of federally permitted actions. Chapter VI, Section A 22 Notes OEPARTME OF Environmental Services Partial List of Regulations Applicable to Motor Vehicle Salvage Yard* Updated 6-17-2009 �:a Statute Implementing Authority Municipality the appropriate town office] General Scope of Regulation Specifies requirements for "junkyards" to obtain a certificate of location approval and an annual operating license from the town, to address local land -use, aesthetic, and nuisance concerns. Note: Additional requirements may apply under local zoning. Administrative Rules RSA 236:111-129 J [Contact RSA 236:90-110 N.H. Department of Transportation (NHDOT) (603) 271-8124 Specifies requirements for "junkyards" located within 1000 feet or visible from certain federally funded highways to obtain a certificate of location approval and annual operating license from state transportation officials. RSA 261 N.H. Department of Safety (NHDOS) (603) 271-2330 Specifies registration provisions for new and used motor vehicle dealers, and addresses title / anti -theft provisions applicable to vehicles being salvaged. RSA 147-A Env-Hw 100-1100 N.H. Department of Environmental Services (NHDES) (603) 271-2942 Specifies requirements for managing hazardous waste (used oil, solvents, spent fuel, etc.) and universal waste (e.g., batteries, antifreeze, and mercury -containing devices). RSA 149-M Env-Sw 100-2100 NHDES (603) 271-2925 Specifies requirements for managing solid waste (e.g., tires, scrap metal, plastics, glass, asbestos, dust, paper, wire/insulation, etc.) RSA 146-A Env -Wm 1402 NHDES (603) 271-6058 Specifies requirements for installing, operating, and maintaining aboveground storage tanks. ° RSA 146-C r Env -Wm 1401 NHDES (603) 271-3644 Specifies requirements for installing, operating, and maintaining underground storage tanks. u) RSA 146-A, RSA 146-C, RSA 147-F & RSA 147-A Env -Or 600 NHDES (603) 271-3644 Specifies requirements for managing contaminated sites, including requirements for reporting and cleaning up discharges of oil, including gasoline. 5 C RSA 485-C Env Or NHDES (603) 271-2999 Specifies certain groundwater protection requirements, including: Existing motor vehicle salvage yards located in a Class GAA wellhead protection area must obtain a groundwater release detection permit. Statute prohibits new yards in GAA protection areas. RSA 485-C Env-Wq 402 NHDES (603) 271-2858 Specifies limitations for discharging to groundwater, groundwater discharge permit and registration requirements, and floor drain and holding tank requirements. RSA 485-C Env-Wq 401 NHDES (603) 271-2513 Specifies requirements for handling and storing regulated substances, including many motor vehicle fluids. RSA 277 & RSA 281-A N.H. Department of Labor (NHDOL) (603) 271-3176 Specifies requirements for providing and maintaining a safe working environment for employees. 40 CFR 122 U.S. Environmental Protection Agency (US -EPA) (617) 918-1615 Specifies requirements for obtaining a storm water management permit applicable to discharging surface runoff from a point source (e.g., storm drains, culverts, ditches, swales). R Section 609, Clean Air Act US EPA 1-800-296-1996 Specifies requirements for evacuating and recycling Freon and other refrigerants. -13 d 40 CFR 63 ur US EPA (617) 918-1314 Specifies requirements for operating secondary aluminum production furnaces. 29 CFR 1910 U.S. Occupational Safety & Health Administration (OSHA) (603) 225-1629 [Concord, NH office] Specifies requirements for providing and maintaining a safe working environment for employees. Copies of state statutes (RSAs) and administrative rules can be accessed on-line at www.nh.gov and by contacting the State Library Reference Desk at (603) 271-2239. To obtain a no exposure exclusion, the operator must: • Meet the criteria for no exposure • Complete allo Exposure Certification for Exclusion from NPDES Stormwater Permitting (DEP Form 62-620.910(17)) • Submit the form along with a certification fee of $200 to the NPDES Stormwater Notices Center • Re -certify to a condition of no exposure every 5 years. If exposure occurs (or is anticipated to occur) at the facility, the exclusion is no longer valid and permit coverage must be obtained immediately. Where Can I Find More Information? DEP's Web site provides more information on program coverage and requirements, useful Web links, and electronic versions of the MSGP, all regulations and forms cited herein, and SWPPP guidance. In addition, the NPDES Stormwater Notices Center provides hardcopies of permits and forms. NPDES Stormwater Section Florida Department of Environmental Protection 2600 Blair Stone Road, MS #2500 Tallahassee, FL 32399-2400 (850) 921-9904 NPDES-stormwater@dep.state.fl.us www.dep.state.il.us/water/stormwater/npdes/ NPDES Stormwater Notices Center Florida Department of Environmental Protection 2600 Blair Stone Road, MS #2510 Tallahassee, FL 32399-2400 (866) 336-6312 (toll-free) or (850) 297-1232 Please Note The certification and application fees are subject to change—always refer to the most current version of Rule 62-4.050(4) (d), F.A.C. to confirm the amount before submitting payment. Make checks payable to the Florida Department of Environmental Protection. PRINTED ON RECYCLED PAPER 09/01 The 90 da NPDES What Is Florida's NPDES Stormwater Permitting Program for Industrial Activity? In October 2000, the U.S. Environmental Protection Agency (EPA) authorized the Florida Department of Environmental Protection (DEP) to implement the National Pollutant Discharge Elimination System (NPDES) stormwater permitting program in the State of Florida (with the exception of Indian country lands). The program regulates point source discharges of stormwater runoff from certain industrial facilities. The operators of regulated industrial facilities must obtain an NPDES stormwater permit and implement appropriate pollution prevention techniques to reduce contamination of stormwater runoff. Florida adopted the Federal stormwater general permit for industrial activities (comprising the original September 29, 1995, issuance and subsequent modifications) as specified in Rule 62- 621.300(5) (a), EA.C. and operates the permit as the State of Florida Multi -Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity (MSGP). Most regulated facilities are eligible for coverage under the MSGP; however, some facilities may have to obtain an individual permit as specified in Chapter 62-620, F.A.C. (contact DEP for more information). Which Industrial Activities Are Regulated Under the Program? Florida's permitting program regulates industrial activities that meet both of the following criteria: Result in a discharge of stormwater to surface waters of the State or into a municipal separate storm sewer system (MS4), and Fall under any one of the 11 categories of industrial activities identified in 40 CFR 122.26(6) (14). The 11 categories are defined using both narrative descriptions of the activities and Standard Industrial Classification (SIC) codes. Below are simplified descriptions of each category: 0 Facilities subject to Federal effluent limitations or new source performance standards • Heavy manufacturing (e.g., ship building and repair, chemical manufacturing, wood products manufacturing) • Mining/oil and gas exploration • Hazardous waste facilities • Landfills or open dumps • Recycling facilities (e.g., salvage yards, auto junkyards, battery reclaimers) • Steam electric power generation facilities O Transportation facilities (e.g., trucking, airports, marinas) 0 Treatment works (e.g., domestic wastewater treatment plants) Large construction sites (disturbing 5 -plus acres). This category is permitted separately; therefore, the permit and fee information presented below does not apply. • Light industry (e.g., printing, warehousing) What Does the MSGP Require? The MSGP divides regulated industrial activities into 30 sectors of related activity and specifies both general and sector -specific requirements for each. In brief, the MSGP requires the following: • An MSGP Notice of Intent (NOI) (DEP Form 62-621.300(5) (b)) must be submitted to DEP. • A Stormwater Pollution Prevention Plan (SWPPP), which must be kept onsite. In part, the plan must include: A site evaluation of how and where pollutants may be mobilized by stormwater and discharged — A site plan for managing stormwater runoff — Identification of appropriate controls to reduce stormwater pollution (e.g., timely cleanup of spills, covering exposed materials, installing a detention pond) — A maintenance, visual monitoring, and inspection schedule — A recordkeeping process • Analytical monitoring and reporting (not required of all regulated facilities) . Industry -specific Discharge Monitoring Report (DMR) forms, to be submitted to DEP, are available on the DEP Web site. How Doi Obtain Copies of the MSGP and NOP The MSGP and NOI are available on the DEP Web site or from the NPDES Stormwater Notices Center. The Web site lists the industrial activities included in each sector and allows downloading of permit language by sector. The Notices Center also provides permit language by sector (in hardcopy) and can assist industrial operators with identifying their applicable sectors. Now Do 1 Obtain Permit Coverage? To obtain permit coverage, follow these steps: • Read the permit language applicable to your sector • Develop and implement your SWPPP • Complete an NOI in its entirety • Submit the NOI along with an application fee of $500 to the NPDES Stormwater Notices Center • Reapply for coverage every 5 years. The Notices Center will send an acknowledgement letter after receiving and processing your complete NOI and fee. Permit coverage may be terminated by meeting the eligibility requirements for termination specified in the MSGP and by submitting a Notice of Termination (NOT) (DEP Form 62-621.300(6)) to the Notices Center. What Is the Industrial No Exposure Exclusion? Any regulated industrial activity (except Category 10 activity) may be excluded from the requirement to obtain an NPDES stormwater permit if the facility operator can certify to a condition of "no exposure" at the facility. No exposure means that all industrial materials and activities are protected by a storm -resistant shelter that prevents exposure to precipitation and/or runoff (with some exceptions). The detailed criteria for qualifying for the no exposure exclusion are outlined in Rule 62-620.100(2)(o), F.A.C. CHAPTER 62-710 USED OIL MANAGEMENT 62-710.100 Intent (Repealed) 62-710.200 Definitions (Repealed) 62-710.201 Definitions 62-710.210 Documents Incorporated by Reference. 62-710.300 Applicability 62-710.400 Prohibitions (Repealed) 62-170.401 Prohibitions 62-710.500 Registration and Notification 62-710.510 Record Keeping and Reporting 62-710.520 Reporting.(Repealed) 62-710.530 Exemptions (Repealed) 62-710.600 Certification of Used Oil Transporters. 62-710.800 Permits for Used Oil Processing Facilities 62-710.850 Management of Used Oil Filters. 62-710.900 Forms (Repealed) 62-710.901 Forms 62-710.201 Defmitions In addition to applicable definitions in Rule 62-701.200, F.A.C., the following words, phrases, or terms as used in this rule, unless the context indicates otherwise, shall have the following meaning: (1) "Oily wastes" means those materials which are mixed with used oil and have become separated from that used oil. Oily wastes also means materials, including wastewaters, centrifuge solids, filter residues or sludges, bottom sediments, tank bottoms, and sorbents which have come into contact with, and have been contaminated by, used oil. (2) "Processing" means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil -derived products. Processing includes blending used oil with virgin petroleum products, blending used oils to meet the fuel specification found in 40 C.F.R. Part 279.11, filtration, simple distillation, chemical or physical separation and rerefining. (3) "Processor" means any person processing used oil. The term also includes any transfer facility that stores used oil for longer than 35 days at a time, any used oil marketer who receives used oil from transporters or who has at least 25,000 gallons of used oil storage capacity, and any person who blends used oil with on -specification used oil fuel or with virgin petroleum products for the purpose of producing on -specification used oil fuel. (4) "Public used oil collection center" means: (a) An automotive service facility or government-sponsored collection facility which accepts for disposal small quantities of used oil from households; or (b) A facility which stores used oil and which accepts small quantities of used oil from households. • (5) "Used oil" means any oil which has been refined from crude oil or synthetic oil and, as a result of use, storage, or handling, has become contaminated and unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties. (6) "Used oil transporter" means any person who transports used oil over public highways in shipments of greater than 55 gallons at one time. (7) "Used oil filter" means any device which is an integral part of an oil flow system, the primary purpose of which is to remove contaminants from the flowing oil contained within the system and which, as a result of use, has become contaminated and unsuitable for its original purpose, is removed from service, and contains entrapped used oil. (8) "Used oil filter processor" means a person who removes oil from used oil filters to prepare them for recycling. Generators of used oil filters who consolidate, drain or crush used oil filters for off-site recycling are not used oil filter processors providing the generator complies with the requirements of subsection 62- 710.850(2), F.A.C. (9) "Used oil filter transporter" means any person who transports for hire used oil filters to a used oil filter transfer or processing facility. 1 (10) "Used oil filter transfer facility" means any facility which is used to store, for more than 10 days, used oil filters which were not generated at that facility. A person who stores its own used oil filters generated at its own non-contiguous operations on its own property is not considered a used oil filter transfer facility provided the used oil filters are processed by a registered used oil filter processor. Specific Authority 403.061, 403.704 F.S. Law Implemented 403.703, 403.75, 403.760, 403.767, 403.769 FS. History— New 6-9-05. 62-710.210 Documents Incorporated by Reference. (1) General provisions relating to solid waste management may be found in Chapter 62-701, F.A.C., including statements of intent, definitions, prohibitions, general permitting requirements, alternate procedures, and forms. Except where the context indicates otherwise, these general provisions apply to this chapter. (2) The Department adopts by reference 40 C.F.R. Part 279 revised as of July 1, 2004, which contains the federal standards for the management of used oil. It is the intent of the Department to interpret these standards in a manner consistent with interpretations promulgated by the United States Environmental Protection Agency, except when such interpretations conflict with Florida law. (3) "On -specification used oil fuel" means any used oil which meets the requirements of 40 C.F.R. Part 279.11. Used oil fuel containing PCBs at a concentration equal to or greater than 2 ppm, but less than 50 ppm, shall be managed in accordance with 40 C.F.R. Part 761.20(e) and burned only in boilers or industrial furnaces as defined in 40 C.F.R. Part 260.10 and identified in 40 C.F.R. Part 279.61. Used oil containing PCBs at a concentration equal to or greater than 50 ppm is fully subject to the requirements of the Toxic Substances Control Act found in 40 C.F.R. Part 761. Blending used oil for the purpose of reducing the concentration of PCBs to below 50 ppm is prohibited in accordance with the provisions of 40 C.F.R. 279.10(i) and 761.20(e). (4) References in 40 C.F.R. Part 279 to 40 C.F.R. Part 262 shall mean rules adopted by the Department regarding generators of hazardous wastes; reference to 40 C.F.R. Part 263 shall mean rules adopted by the Department regarding transporters of hazardous waste; reference to 40 C.F.R. Parts 264 and 265 shall mean rules adopted by the Department regarding treaters, storers and disposers of hazardous wastes; references to 40 C.F.R. Part 266 shall mean rules adopted by the Department regarding standards for the management of specific hazardous waste; and references to Section 3010 of RCRA shall mean notification requirements of Florida Law. The above-mentioned Department rules are found in Chapter 62-730, F.A.C. (5) When the same word, phrase, or term is defined in Rule 62-710.201, F.A.C., and 40 C.F.R. Part 279 and the definitions are not identical, the definitions as given in Rule 62-710.201, F.A.C., shall apply. (6) Unless specifically indicated otherwise, when used in any such provisions as adopted from 40 C.F.R. Part 279, United States shall mean the State of Florida, EPA shall mean the Department, and Administrator or Regional Administrator shall mean the Secretary of the Department or the Secretary's designee, where appropriate. (7) Any reference to 40 C.F.R. Parts 124 or 270 as adopted by reference in 40 C.F.R. Part 279 shall mean the permitting provisions in Chapter 62-4 or 62-730, F.A.C., or Section 403.722, F.S. (8) Any reference to the Resource Conservation and Recovery Act of 1976 (RCRA) as adopted by reference in 40 C.F.R. Part 279 shall be construed to refer to comparable provisions of the Florida Resource Recovery and Management Act as established in Part IV of Chapter 403, F.S. Specific Authority 403.061, 403.704, 403.7545, 403.8055 FS. Law Implemented 403.704, 403.7545 FS. HistoryNew 6- 8-95, Amended 12-23-96, 3-25-97, 6-9-05, 1-4-09. 62-710.300 Applicability This section offers guidance to the regulated community on the applicability of this chapter to various types of operations and operators. It should not be read to relieve any person from applicable requirements of this rule or any other rules or statutes. 2 (1) Used oil handlers. (a) Generators shall comply with the requirements found in 40 C.F.R. Part 279, Subpart C. and must have their used oil managed only by a used oil handler which is registered with the Department, except with respect to the transportation of used oil in shipments of 55 gallons or less. (b) Mobile lube operators shall comply with the requirements found in 40 C.F.R. Part 279, Subpart C. The Department recommends that mobile lube operators who transport more than 500 gallons of used oil per year over public highways have a spill control plan and equipment in place. (c) Private and public used oil collection centers and aggregation points shall comply with 40 C.F.R. Part 279, Subpart D. They shall also meet the registration and notification and record keeping requirements found in Rules 62-710.500 and 62-710.510, F.A.C. (d) Used oil transporters and transfer facilities shall comply with 40 C.F.R. Part 279, Subpart E. They shall also comply with registration, record keeping and certification requirements found in Rules 62- 710.500, 62-710.510, and 62-710.600, F.A.C. (e) Processors shall comply with 40 C.F.R. Part 279, Subpart F. They shall also meet the registration, record keeping, and permit requirements found in Rules 62-710.500, 62-710.510, and 62-710.800, F.A.C. (f) Burners who burn off -specification used oil for energy recovery shall comply with 40 C.F.R. Part 279, Subpart G. They shall also comply with the registration and notification and record keeping requirements found in Rules 62-710.500 and 62-710.510, F.A.C. (g) Marketers shall comply with 40 C.F.R. Part 279, Subpart H. They shall also comply with the registration and notification and record keeping requirements found in Rules 62-710.500 and 62-710.510, F.A.C. (2) Used oil filter handlers (i.e. generators, transporters, processors and end users as defined in Rule 62-710.201, F.A.C.) shall comply with Rule 62-710.850, F.A.C. (3) Used oil storage and process tanks must meet the requirements of 40 C.F.R. Part 279.54, as well as the requirements of Chapter 62-761, F.A.C., Underground Storage Tank Systems, and Chapter 62-762, F.A.C., Above Ground Storage Tank Systems, as applicable. (4) Chapter 62-770, F.A.C., Petroleum Contamination Site Cleanup Criteria, applies to discharges of used oil. Specific Authority 403.061, 403.704, 403.767 FS Law Implemented 403.703, 403.75, 403.754, 403.760, 403.767, 403.769 FS. History—New 6-9-05. 62-710.401 Prohibitions (1) No person may collect, transport, store, recycle, use, or dispose of used oil, used oil filters or oily wastes except as authorized in this chapter or in Chapter 403, F.S. (2) No person may discharge used oil into soils, sewers, drainage systems, septic tanks, surface or ground waters, watercourses, or marine waters. (3) Except as provided herein, no person may mix or commingle used oil with solid waste that is to be disposed of in landfills or directly dispose of used oil in landfills. (a) Oily wastes, sorbents or other materials used for maintenance or to clean up or contain spills or releases of used oil, and soils contaminated with used oil as a result of spills or releases are not subject to this prohibition. In some cases, other Department rules, local ordinances, or landfill policies may prohibit the disposal of such materials. (b) Any person wishing to dispose of solid waste mixed with used oil in a landfill which is otherwise prohibited by this subsection may apply to the Department for approval of alternate procedures in accordance with Rule 62-701.310, F.A.C. If the basis forthe request is that it is impractical to separate the used oil from the solid waste, the request may be submitted without a fee. (c) Any person who unknowingly disposes into a landfill any used oil, including used oil filters which have not been properly segregated or separated from other solid wastes by the generator, is not guilty of a violation under this subsection. This provision is applicable to landfill operators who unknowingly accept such wastes for disposal. 3 (4) Notwithstanding the provisions found in 40 C.F.R. 279.10(b)(3), no person may mix or commingle used oil with hazardous substances that make it unsuitable for recycling or beneficial use. (5) Used oil shall not be used for road or pavement oiling for dust control, weed abatement, or other similar uses that have the potential to release used oil into the environment. (6) No person may store used oil in tanks or containers unless they are clearly labeled with the words "used oil" and are in good condition (no severe rusting, apparent structural defects or deterioration) with no visible oil leakage. If tanks or containers are not stored inside a structure, the contents shall be closed, covered or otherwise protected from the weather. If tanks or containers are not double -walled, they shall be stored on an oil -impermeable surface such as sealed concrete or asphalt, and must have secondary containment which has the capacity to hold 110% of the volume of the largest tank or container within the containment area. Specific Authority 403.061, 403.704 FS Law Implemented 403.751 FS. History—New 6-9-05. 62-710.500 Registration and Notification (1) The following persons shall annually register their used oil handling activities with the Department using Form 62-730.900(1)(b), "8700-12FL — Florida Notification of Regulated Waste Activity," effective date January 4, 2009, which is hereby adopted and incorporated by reference. This Form can be obtained on the internet at http://www.dep.state.fl.us/waste/quick topics /forms/pages/62-730.htm or by contacting the Hazardous Waste Regulation Section, MS 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. (a) Used oil transporters and transfer facilities; (b) Used oil processors; (c) Used oil fuel marketers who sell used oil fuel; and (d) Used oil burners of off -specification used oil. (2) The registration form shall be accompanied by a registration fee of $100 per facility. It is not necessary to submit more than one form or fee if registering more than one activity, or if the registration is for an entire transportation fleet operating out of one facility site. The registration form and fee shall be due by March 1 of each year. The registration fee is waived for used oil processing facilities for which a permit fee was paid under Rule 62-710.800, F.A.C. (3) Upon receipt of the completed form and fee, the Department shall issue to each registered person a validated registration form which shall be valid for one year. For used oil transporters, acknowledgment of registration shall be included in the certification process of Rule 62-710.600, F.A.C. The registration shall be valid from July 1 of the year of registration or renewal until June 30 of the following year. (4) Each registered person shall display the validated registration form and identification number in a prominent place at each facility location. (5) Each public used oil collection center shall notify the Department no later than 30 days after first accepting used oil from the public on DEP Form 62-710.901(5). The Department shall acknowledge filing of the notification within 30 days of receipt. Specific Authority 403.061, 403.704 FS. Law Implemented 403.704, 403.754, 403.760 FS. History—New 2-25-85, Formerly 17-7.63, 17-7.630, Amended 1-17-90, Formerly 17-710.500, Amended 6-8-95, 12-23-96, 3-25-97, 6-9-05, 1- 4-09. 62-710.510 Record Keeping and Reporting (1) Each registered person shall maintain records on DEP Form 62-710.901(2) or on substantially equivalent forms which contain at least the same information as the Department form. These records shall include the following information: (a) The name, business address, telephone number and EPA identification number of the transporter; (b) The source of the used oil, including the name and street address of each source, and the EPA identification number of the source if the generator has one; (c) The total number of gallons of used oil received from each source, including any oily wastes which may be an integral part of the used oil shipment; 4 • (d) The type of used oil received, using the type code designation found in the form instructions; (e) The date of receipt; (f) The destination or end use of used oil and oily wastes, including the name and street address of each destination or end user, the EPA identification number if applicable, and the end use code designation found in the form instructions; and (g) Documentation of halogen screening in accordance with the requirements of Rule 62-710.600, F.A.C. (2) Transporters shall maintain documentation of all shipments of used oil, including those accepted for transport as well as those refused due to suspected mixing with hazardous waste. A copy of this record shall be left with the generator. (3) A generator of used oil that transports only its own used oil generated at its own non-contiguous operations to its own central collection facility for storage prior to having its used oil picked up by a certified used oil transporter is not subject to the record keeping and reporting requirements of this section. (4) The records required by this section shall be retained for a period of three years. The records shall be kept at the street address of the registered person and shall be available for inspection by the Department during normal business hours, unless another location and inspection schedule is specified in the registration package submitted to the Department. (5) No later than March 1 of each year, each person required to register in accordance with Rule 62- 710.500, F.A.C., shall submit an annual report for the preceding calendar year to the Department on DEP Form 62-710.901(3). The report shall summarize the records kept pursuant to this section. (6) No later than July 1 of each year, each public used oil collection center shall submit to the Department an estimate of the quantity of used oil accepted from the public during the previous calendar year. The Department shall advise each public used oil collection center of this requirement by June 1 of each year. Specific Authority 403.061, 403.704 FS Law Implemented 403.754, 403.760 FS. History—New 2-25-85, Formerly 17- 7.64, 17-7.640, Amended 1-17-90, Formerly 17-710.510, Amended 6-8-95, 12-23-96, 3-25-97, 6-9-05. 62-710.600 Certification Program for Used Oil Transporters (1) Any used oil transporter that transports over public highways more than 500 gallons of used oil annually, not including oily waste, shall become certified pursuant to this section. This section shall not apply to: (a) Any local governments or private solid waste hauler under contract to a local government that transports used oil collected from households to a public used oil collection center; or (b) Any used oil transporter that transports its own used oil, which is generated at its own noncontiguous facilities, to its own central collection facility for storage, processing, or energy recovery. However, such used oil transporter shall provide the proof of financial responsibility required in paragraph (2)(e) of this section. (2) To become certified and to maintain certification, used oil transporters shall: (a) Register annually with the Department and comply with the annual reporting and record keeping requirements pursuant to Rules 62-710.500 and 62-710.510, F.A.C.; (b) Show evidence of familiarity with applicable state laws and rules goveming used oil transportation by submitting a training program for approval to the Department which includes provisions for at least the following: 1. Compliance with state and federal rules governing used oil; 2. Proper used oil management practices, including appropriate response action to any release or spill; 3. A detailed description of the company's standard operating procedure for halogen screening at each pick up location. This description shall include instrument specifications and capabilities, calibration methods and frequency, procedures addressing the handling of loads which indicate halogen levels in excess of 1,000 ppm, and record keeping procedures for all loads accepted or refused. 4. An introduction of each new employee to the applicable laws and rules before unsupervised driving of a used oil transportation vehicle; and 5. Documentation that all company personnel handling or transporting used oil have successfully completed the training program. New employees shall complete the training program as soon as possible, but no later than 90 days after beginning employment; • (c) Maintain a record of training in the company's operating record and the individual personnel files indicating the type of training received along with the dated signature of those receiving and providing the training. These records shall be retained for a minimum of three years and available for review by Department personnel during inspections; (d) Submit to the Department an annual statement in conjunction with the annual registration required under Rule 62-710.500, F.A.C., which states that the training program is still operating and is being adhered to and has been annually reviewed and updated to address changes in regulations which apply to the operation, and which provides an explanation of any modifications to the training program; and (e) Have, verify, and maintain vehicle insurance with a combined single limit of no less than $1,000,000. Such insurance or additional policy, must in no way exclude pollution coverage for sudden and accidental alleged or threatened discharge, dispersal, seepage, migration, release or escape of used oil, and must include any cost or expense relating to pollution damage for which the transporter is legally liable. Such insurance must be maintained at all times and be exclusive of legal defense costs. 1. The insurance required in this paragraph may be established by: a. Evidence of liability insurance, either on a claim made or an occurrence basis, with or without a deductible (with the deductible, if any, to be on a per occurrence or per accident basis and not to exceed ten percent of the equity of the business), using DEP Form 62-710.901(4). The insurance policy shall be issued by an agent or company authorized or licensed to transact business in the State of Florida. An ACORD form will only be accepted for renewal of a policy with the same carrier; or b. For business entities registered in Florida, evidence of self-insurance provided by the chief financial officer of the business entity. 2. States and the federal government are exempt from the requirements of this paragraph. (3) The Department shall issue a certification to each transporter that provides reasonable assurance of compliance with the requirements of this section, which shall be valid for the current registration period. (4) The revocation provisions of Section 403.087(7), F.S., apply to certified used oil transporters. That statute authorizes revocations in accordance with the procedural requirements of Section 120.60, F.S., upon a finding by the Department that such transporter: (a) Has submitted false or inaccurate information in its application; (b) Has violated statutes which the Department is authorized to enforce, Department orders, rules, or certification conditions; (c) Has failed to submit reports or other information required by Department rule or permit condition; or (d) Has refused to allow inspection of its records or equipment by Department personnel or other persons when such inspection is authorized by Department rule or permit condition. Specific Authority 403.061, 403.704, 403.767 FS Law Implemented 403.767 FS. History—New 1-17-90, Formerly 17- 710.600, Amended 6-8-95, 12-23-96, 3-25-97, 6-9-05. 62-710.800 Permits for Used Oil Processing Facilities (1) This rule shall apply to any owner or operator of a facility that processes used oil. The owner or operator shall comply with the requirements of this chapter including the requirements of 40 C.F.R. Part 279 Subpart F. (a) Processing does not include the removal of used oil from wastewater solely for the purpose of making the wastewater or stormwater acceptable to meet discharge limits in other permits. However, the used oil generated from such activity is subject to this chapter. Sediment material removed from an oil/water separator for disposal is subject to the requirements of Chapter 62-730, F.A.C. (b) Permits shall not be required under this section for generators who aggregate their own used oil with virgin oil or on -specification used oil for purposes of burning on -specification used oil fuel at the aggregation site, provided a valid air permit authorizing such burning is in effect for the facility. (c) Permits shall not be required under this section for facilities that conduct processing operations incidental to burning the used oil fuel on-site, provided a valid air permit authorizing such burning is in effect for the facility and all of the used oil fuel is burned on-site. (2) An owner or operator of a used oil processing facility shall operate, modify, or close such a facility only pursuant to a permit issued by the Department in accordance with this chapter. (3) Before operating, closing or making any substantial modification to a used oil processing facility, the owner or operator shall submit to the Department the Used Oil Processing Facility Permit Application, 6 DEP Form 62-710.901(6). The engineering aspects of the application shall be certified by a Professional Engineer. (a) Pursuant to subsections 62-4.050(6) and (7), F.A.C., a substantial modification means a modification which is reasonably expected to lead to substantially different environmental impacts which require a detailed review. For purposes of this subsection, an increase in storage capacity of the facility by 25% or 25,000 gallons, whichever is less, is considered a substantial modification. (b) Pursuant to paragraph 62-4.050(4)(s), F.A.C., a minor modification means a modification that does not require substantial technical evaluation by the Department, does not require a new site inspection by the Department, and will not lead to substantially different environmental impacts or will lessen the impacts of the original permit. For purposes of this subsection, replacement of existing tanks with new tanks is considered a minor modification. (c) Changes at a facility which involve routine maintenance, such as repair of equipment, replacement of equipment with similar equipment, aesthetic changes, or minor operational changes are not considered modifications, do not have to be reported to the Department, and require no permit fee. Facility operators are advised to contact the Department if they have questions as to whether a change would be considered routine maintenance. (4) Notwithstanding the provisions of Rule 62-4.050, F.A.C., the fee for a used oil processor permit application, including a permit renewal application, is $2,000. The fee for a substantial modification to the permit is $500. No permit fee is required for minor modifications. Applications for renewal of permits shall be submitted to the Department at least 60 days prior to the expiration date of the existing permit in accordance with Rule 62-4.090, F.A.C. (5)(a) The owner or operator of a used oil processing facility shall have and submit to the Department as part of its permit application a written closure plan to show how the facility will be closed to meet the following requirements: 1. There will be no need for further facility maintenance; 2. Used oil will not contaminate surface or ground water; and 3. All tanks, piping, secondary containment and ancillary equipment will be emptied, cleaned and decontaminated, and all materials removed and managed. (b) The closure plan shall be updated whenever significant operational changes occur or design changes are made. (c) The closure plan shall be maintained with records required under Rule 62-710.510, F.A.C. (d) The owner or operator shall submit a detailed closure plan to the Department at least 60 days prior to the scheduled date of closing the facility. (e) Within 30 days after closing the facility, the owner or operator shall submit a certification of closure completion to the Department which demonstrates that the facility was closed in substantial compliance with the detailed closure plan. Within 30 days of determining that the facility was closed in accordance with its closure plan, the Department shall release the facility from its financial assurance obligations. (6) Financial assurance. (a) The owner or operator of a used oil processing facility shall provide the Department with proof of financial assurance issued in favor of the State of Florida in the amount of the closing cost estimate for the facility. This proof, along with the closing cost estimate, shall be submitted to the Department as part of the permit application process for the facility. Proof of financial assurance shall consist of either a surety bond guaranteeing payment or a surety bond guaranteeing performance, which complies with the requirements of Rule 62-701.630, F.A.C. An owner or operator may request an alternate proof of financial assurance in lieu of, or in combination with, the requirement for a surety bond, consisting of one or more of the following financial instruments which comply with the requirements of Rule 62-701.630, F.A.C.: trust fund; irrevocable letter of credit; insurance; or financial test and corporate guarantee. Financial documents shall be submitted on Form 62-701.900(5)(a), (b), (c), (d), (e), (f), (g) or (h), as appropriate. (b) For the purpose of determining the closing cost estimate, the owner or operator shall estimate the total cost of closing the facility using Form 62-710.901(7) and in accordance with the closure plan pursuant to subsection (5) of this section, for the time period in the facility operation when the extent and manner of its operation make closing most expensive. The owner or operator shall submit the estimate, together with all necessary justification, to the Department along with the proof of financial assurance. The costs shall be estimated and certified by a professional engineer for a third party to perform the work, on a per unit basis, with the source of estimates indicated. The owner or operator shall keep the latest closing cost estimate at 7 the facility. When this estimate has been adjusted in accordance with paragraph (c) of this subsection, the latest adjusted closing cost estimate shall also be kept at the facility. (c) The owner or operator shall annually adjust the closing cost estimate for inflation and changes in the closure plan, and shall submit updated information to the Department between January 1 and March 1 of each year. Such adjustments shall be made either by: 1. Recalculating the maximum cost of closing, in current dollars; or 2. Using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of Current Business. The inflation factor is the result of dividing the latest published annual Deflator by the Deflator for the previous year. (d) If the value of the funding mechanism is less than the total amount of the current closing cost estimate, the owner or operator shall revise the funding mechanism to reflect the new estimate. (e) The initial Used Oil Facility Closing Cost Estimate Form shall be submitted to the Department no more than six months after the effective date of the rule and the owner/operator shall demonstrate funding of this closing cost estimate within 60 days of receiving approval of the cost estimate from the Department. Specific Authority 403.061, 403.704 FS Law Implemented 403.704, 403.707, 403.769, 403.814 FS. History—New 1-17- 90, Formerly 17-710.800, Amended 6-8-95, 12-23-96, 6-9-05. 62-710.850 Management of Used Oil Filters (1) Prohibition. No person who removes or manages used oil filters shall dispose of such filters, or commingle such filters with other solid waste for disposal, in a landfill in Florida. It is the responsibility of the generator to make reasonable efforts to assure that such filters are not disposed of in a landfill. This prohibition shall not apply to used oil filters generated by individual households. (2) Generators. Each generator of used oil filters whose solid waste is typically disposed of in a landfill shall either register as a used oil filter processor or shall ensure that its filters are transported by a registered used oil filter transporter and processed by a registered used oil filter processor or end user. This does not include persons who recycle engine blocks on which used oil filters remain. Generators of used oil filters are exempt from the registration and reporting requirements of this rule provided that they transport their own used oil filters in sealed containers of 55 gallons or less which are secured to a vehicle owned by the generator. (3) Registration. The following persons shall register with the Department in accordance with the requirements of subsections 62-710.500(2) and (4), F.A.C.: (a) Used oil filter transporters; (b) Used oil filter transfer facilities; (c) Used oil filter processors; and (d) End users of used oil filters, including scrap metal dealers, metal foundries and thermal processing units such as cement kilns, who accept used oil filters from a person who is not a registered used oil filter processor. An end user shall not be required to comply with the provisions of this section with respect to used oil filters that have been obtained from a registered used oil filter processor. (4) Used oil filter processors. (a) Each registered used oil filter processor shall maintain records on Form 62-710.901(2) or on substantially equivalent forms which contain at least the same information as the Department form. These records shall include the destination or end use of the processed used oil filters, including the name and street address of each destination or end user. (b) The records required by this subsection shall be retained for a period of three years. The records shall be kept at the street address of the registered person and shall be available for inspection by the Department during normal business hours. (c) No later than March 1 of each year, each registered used oil filter processor shall submit an annual report for the preceding calendar year to the Department on Form 62-710.901(2). This report shall summarize the records kept pursuant to paragraph (a) of this subsection. (5) General requirements for the storage of used oil filters. (a) All persons storing used oil filters shall store used oil filters in above ground containers which are 8 clearly labeled "Used Oil Filters," and which are in good condition (no severe rusting, apparent structural defects or deterioration) with no visible oil leakage. The containers shall be sealed or otherwise protected from weather and stored on an oil -impermeable surface. (b) Upon detection of a release of oil from any used oil filter container the facility owner or operator shall: 1. Stop the release; 2. Contain the released oil; 3. Clean up and manage properly the released oil and any subsequent oily waste in accordance with the provisions of Chapter 770, F.A.C., if applicable; and 4. Repair or replace any leaking used oil filter storage containers prior to returning them to service. Specific Authority 403.061, 403.704 FS. Law Implemented 403.751, 403.754, 403.769 FS. History—New 6-8-95, Amended 12-23-96, 6-9-05, 1-4-09. 62-710.901 Forms The forms used by the Department in the used oil management program are adopted and incorporated by reference in this section. The form is listed by rule number, which is also the form number, and with the subject, title and effective date. The forms can be obtained on the internet at http://www.dep.state.fl.us/waste/quick topics/forms/pages/62-710.htm or by contacting the Hazardous Waste Regulation Section, MS 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. (1) [reserved]. (2) Used Oil and Used Oil Filter Record Keeping Form, effective June 9, 2005. (3) Annual Report by Used Oil and Used Oil Filter Handlers, effective June 9, 2005. (4) Certificate of Liability Insurance Used Oil Handlers, effective June 9, 2005. (5) Public Used Oil Collection Center Notification and Annual Report, effective June 9, 2005. (6) Used Oil Processing Facility Permit Application, effective June 9, 2005. (7) Used Oil Processing Facility Closing Cost Estimate Form, effective June 9, 2005. Specific Authority 120.53(1), 403.061, FS. Law Implemented 403.754, 403.769 FS. History—New 12-23-96, Amended 6- 9-05, 1-4-09. 9