# FLORIDA CITIES WATER COMPANY
> **Judicial** · FY1992 · — · Litigated With Penalty
## Case
- **Activity ID:** `20769`
- **Case Number:** 04-1992-0038
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Litigated With Penalty
- **Penalty assessed:** $310K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- AVATAR HOLDINGS, INC. (complaint) (settlement)
- FLORIDA CITIES WATER COMPANY (complaint) (settlement)
## Summary

FLORIDA CITITES IS A PRIVATE FRANCHISED UTILITY COMPANY      WHICH GENERATES INCOME BY CONSTRUCTING AND MANAGING WASTE-   WATER TREATMENT FACILITIES FOR INDUSTRIAL, COMMERCIAL AND    DOMESTIC USERS.  THE SUBJECT FACILITY, THE WATERWAY ESTATES  WASTEWATER TREATMENT PLANT ( FACILITY ) IS LOCATED IN NORTH  FORT MYERS, FLORIDA.  FLORIDA CITIES VIOLATED SECTIONS 301   AND 402 OF THE CLEAN WATER ACT WHEN IT (1) DISCHARGED WITH-  OUT AN EPDES PERMIT, (2) DISCHARGED AT AN UNPERMITTED        LOCATION, AND (3) DISCHARGED IN VIOLATION OF ITS NPDES       PERMIT LIMITATIONS.  THE STATUTORY MAXIMUM CIVIL PENALTY IN  THIS THIS CASE IS $42,825,000.  THE ECONOMIC BENEFITAMOUNT   IS $3,861,643.  BASED ON EPA'S CLEAN WATER ACT CIVIL         PENALTY, THE REGIONS OPENING NEGOTIATION FIGURE IS           $4,576,606 AND THE BOTTOM LINE SETTLEMENT FIGURE IS          $2,750,029.  FLORIDA CITIES ADVANCES A  ZERO ECONOMIC        BENIFIT  THEORY IN THIS CASE WHICH REGION IV REJECTS ON THE  GROUNDS THAT FLORIDA CITIES' ARGUMENT IS NOT SUPPORTED BY    THE FACTS IN THIS CASE.  REGION IV HAS CONSULTED WITH        HEADQUARTERS ON THIS ISSUE.

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*