§ 50-458. Revocation of application permit.

If an inspection conducted by Volusia County Environmental Management Division staff shows that any part of this article or FDEP regulations have been violated, the county environmental management division director shall have the right to revoke and/or suspend the permit in accordance with the violations listed below and/or enter into a consent agreement with the violating party. If the revoking of a permit aggrieves any person, which person may petition, within 30 days, for county council review.

(a)

Failure to properly mark a setback area as defined in subsection 50-456(c)(4).

(1)

First offense, written warning;

(2)

Second offense, suspension of permit for 30 days;

(3)

Third offense, suspension of permit for 60 days;

(4)

Fourth offense, suspension of permit for 90 days.

(b)

Spreading residuals within a setback area as defined in subsection 50-456(c)(3) and FDEP regulation 62-640.700(4)(a).

(1)

First offense, written warning;

(2)

Second offense, suspension of permit for 30 days;

(3)

Third offense, suspension of permit for 60 days;

(4)

Fourth offense, suspension of permit for 90 days.

(c)

Spreading residuals when the water table is above 24 inches as stated in FDEP regulation 62.640.700(6)

(1)

First offense, suspension of permit for 30 days;

(2)

Second offense, suspension of permit for 60 days;

(3)

Third offense, suspension of permit for 90 days;

(4)

Fourth offense, suspension of permit for 12 months.

(d)

Spreading residuals outside the range of 11.0 to 12.5 as set by FDEP regulation 62.640.600(c).

(1)

First offense, suspension of permit for 60 days;

(2)

Second offense, suspension of permit for 90 days;

(3)

Third offense, suspension of permit for 12 months.

(e)

Spreading residuals during nonapproved days or times as defined in subsection 50-456(c)(5).

(1)

First offense, suspension of permit for 30 days;

(2)

Second offense, suspension of permit for 60 days;

(3)

Third offense, suspension of permit for 90 days;

(4)

Fourth offense, suspension of permit for 12 months.

(f)

Failure to provide the proper documentation during an inspection or upon request by the county inspector as stated in subsection 50-6(c)(2).

(1)

First offense, written warning;

(2)

Second offense, suspension of permit for 30 days;

(3)

Third offense, suspension of permit for 60 days;

(4)

Fourth offense, suspension of permit for 90 days.

(g)

Failure to submit the required monthly report by the 15th of each month as stated in subsection 50-456(i).

(1)

First offense, written warning;

(2)

Second offense, suspension of permit for 30 days;

(3)

Third offense, suspension of permit for 60 days;

(4)

Fourth offense, suspension of permit for 90 days.

(Ord. No. 2004-22, 11-4-04)