FDEP responses in Orange to the questions:
1. Could you advise as to the status of the BS Ranch and Farm Inc industrial wastewater treatment facility permits renewal? Has an application been submitted to another five years FDEP industrial wastewater permit? If so, how can I be sent a copy of it?
Department Response: The Industrial Wastewater permit expires on March 24, 2021. Therefore, a permit renewal application must be submitted by September 25, 2020.
2. Can you provide the basis for settling the FDEP toxic environmental tort in Dec without taking any depositions or receiving any discovery?
Department Response: The Department did conduct Discovery during the process. The Department believes it achieved a just, fair, and reasonable solution to its interests without risking the uncertainty and delay of continuing litigation.
3. In Jan-March 2020 FDEP documented with their staff eight times that BS Ranch was the source of new offsite objectionable odors but issues only another “warning” and an offer to meet with staff?
Why was “notice of violation” of their industrial wastewater treatment permit (which states that “NO” objectionable offsite odors are permitted) not issued?
Department Response: The Warning Letter is the first step in the Department’s enforcement process. A Notice of Violation is issued when the non-compliance cannot be resolved by entering into a consent order or other type of settlement agreement.
4. What happened with the 2020 FDEP meeting with BS due to the recent warning FDEP issued? What was the outcome? Did they even meet and what action did FDEP staff take?
Department Response: The attorney for BS Ranch requested an extension to June 1, 2020, to respond to both warning letters which the Department granted.