Anuvia’s Consent Order- The Short Version

Anuvia’s Consent Order- The Short Version 

I am not a lawyer and as a lay person, I wrote this summary mainly to further my understanding of this consent order and am sharing this to help others. Please check the original consent order if you have questions. 

  • The FDEP (state) and EPD (county) have jurisdiction
  • The consent order is directed to Anuvia
  • Their wastewater permit expires on December 8, 2021
  • Their air permit expires on December 31, 2021
  • Violations were noted
    a. Objectionable odors leaving the boundaries on Willow
    b. Visible emissions greater than 20% opacity
    c. No operation & maintenance plan for the gas dryer and
       the pollution control system
  • The facility will complete  corrective actions:
  • 1. The facility will be run following odor prohibition protocols
  • 2. All items listed in the chart will be completed in a timely manner
  • 3. Anuvia must submit a report every three months updating its progress on the bullet points above
  • 4. Within 30 days of this order Anuvia must submit a maintenance plan for the gas dryer and the pollution control system
  • 5. If a quarterly report shows that the corrective measures  are not working or if they stop working, Anuvia must hire a professional engineer registered in Florida to do all of the following
    a. Discover the reason(s)
    b. Design modifications to the facility
    c. Apply for a wastewater or air permit if needed to make
       modification and oversee the modifications to be made
    d. Submit the paperwork stating the modifications have 
         made correctly
    e. Contact Dr. Kane and/or Ilka Bundy, as appropriate, 
        regarding water or air permits
    f. Supply additional information as needed to process air
       and water permits if asked to do so
  • Within 150 days of getting a permit or doing work that doesn’t require one, a professional engineer must submit paperwork stating that the work was done correctly
  • All work listed above must be completed in in 345 days of this order (May 29, 2020)
  • Within 30 days of this order, Anuvia must pay the EPD $3,000 and FDEP $5,500
  • With the exception of the operation and maintenance plan for the gas dryer and the pollution control system, any requirement not met in a timely manner will require Anuvia to pay $1,000 per day for each and every day or if objectionable odors are identified by FDEP department personnel and $1,000 per day to the EPD for each and every day that there is no maintenance  plan for the pollution control system or the gas dryer
  • EPD may file a suit regarding the pollution control system or gas dryer and any penalties will be in addition to the ones already listed
  • There is language about how payment is to be made
  • If the property is sold, the FDEP and EPD must be notified if all improvements are not made and meet other requirements
  • If there is a delay in meeting the requirements within certain time frames, Anuvia must prove that the delay is not their fault and could not be prevented
  • The FDEP and EPD agree not to impose fines prior to the date of this consent order and this agreement does not settle any criminal liabilities which arise under federal or civil law and Anuvia must follow all laws that apply
  • The FDEP and the EPD may seek legal action for violations not discussed in this order
  • Violation of the terms of this order may result in penalties up to $10,000 per day
  • Anuvia agrees to waive its right to appeal and this order will remain in effective until the FDEP declares otherwise  unless a Petition for an Administrative Hearing is filed in a timely manner
  • People who are not parties to this order but have substantial interests affected by request an administrative hearing. There is verbiage about the requirements to do so.
I am not a lawyer and as a lay person, I wrote this summary mainly to further my understanding of this consent order and am sharing this to help others. Please check the original consent order if you have questions. 

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