While the fines do not begin to cover the restoration of the bayou, the administrative stormwater fine Walker received is the largest in a decade from Florida DEP. In addition to the fines, the consent orders require both parties to submit a revised Stormwater Pollution Prevention Plan within 30 days to be implemented immediately upon Florida DEP approval. Future turbidity violations will incur penalties ranging from $3,000 to $7,000.
The proposed consent order also includes prevention requirements. Walker and Cornelison will be required to assess all drainage paths contributing sediment to the bayou and submit a plan to Florida DEP. Once approved they will have 120 days to complete the work.
Florida DEP deems the turbidity that entered Mulat Bayou as not recoverable. Alexandra Kuchta, the communications director for Florida DEP, said in a statement, “The restoration requirement outlined in Paragraph (D) of the consent order focuses on preventing further impacts. Specifically, the parties are required to assess and restore the drainage paths from the construction sites to ensure that no additional turbidity or sedimentation reaches the bayou moving forward. This work is aimed at addressing the sources of the problem, rather than attempting to remove turbidity that has already dispersed in the waterbody.”
In March, the two men were arrested on Florida DEP warrants and charged with first-degree misdemeanor charges of failing to obtain a permit for stormwater management.
Avalon Beach resident Arthur Hauck has been fighting to get all organizations involved, including Santa Rosa County, Florida DEP, the Environmental Protection Agency and legislators, to take accountability for what he perceives as a lack of enforcement.
In March, Hauck said “There are laws and codes in place that they are not upholding. No one is talking about that. I had to follow every inch of the codes and laws when I built this house.”
Milton resident and community advocate Jerry Couey told Santa Rosa Press Gazette he was disappointed in the consent order. “I have said all along that the fines issued in this case must begin at the remediation of the bayou. These fines do not even begin to do that,” Couey said.
Kuchta, of Florida DEP, said in a statement, “The parties have 15 days to sign the proposed consent orders. If a settlement cannot be reached, DEP will move forward with formal enforcement through a Notice of Violation and, if necessary, proceed to an Administrative Hearing or Final Order.”