City hit with three violations by FDEP for Golden Gem

The Florida Department of Environmental Protection (FDEP) has issued a Consent Order to the City of Apopka for violations at its Golden Gem water storage facility. First posted on the Apopka Critic Facebook page on Friday, the Order is dated April 2nd, 2025, and addressed to Apopka Mayor Bryan Nelson. It outlines three violations, a fine, dozens of conditions to mitigate the issues at Golden Gem, and a timeline of actions the City must comply with that stretches almost two years into the future.

Related: Is the apocalypse coming to Apopka?

The three violations the FDEP lists in the Order are:

• The release of an unknown amount of reclaimed water from the 300-million gallon (MG) storage pond at the Golden Gem site due to a liner failure was reported on January 30, 2024. In violation of rule 62-620.610(7) F.A.C.
• The release of an unknown amount of reclaimed water from the 50 MG  storage pond at the Golden Gem site due to a liner failure was reported on  December 20, 2024. In violation of rule 62-620.610(7) F.A.C. 
• Failure to comply with permit compliance schedules in Permit Condition  V.I.1, Improvement Action #2. In violation of 403.161(1)(b), F.S. 

The Golden Gem reclaimed water pond is a 102.79-acres located at 3513 Golden Gem Road in Apopka. off S.R. 429. 

The reclaimed water pond is divided into three sections – northern, central and southern – and was designed as a step-down terrace, with ground elevation the highest in the north and lowest in the south. There are two separate ponds located side by side within the reclaimed pond perimeter. The small one holds about 50 million gallons of water, while the large one holds 200 million gallons.

Among the 31 conditions stated in the Order are:

• Within 270 days of the effective date of this Order, Respondent shall complete the inspection required and any subsequent repairs of the lined effluent storage ponds (reclaimed and reject).
• Within 365 days of the effective date of this Order, Respondent shall complete the repairs for the liners of the 50 million gallon (MG) and the 300 MG holding ponds (Ponds)  at the Golden Gem site located at 3513 Golden Gem Road, Apopka Fl 32703.
• Within 90 days of the effective date of this Order, Respondent shall submit to the Department design modifications, prepared and submitted under seal by a professional engineer registered in the state of Florida, to construct a pump station and all required piping and equipment to ensure the reclaimed water stored in the Ponds can be pumped to the  Facility’s reclaimed water distribution system.  
• Within 60 days of the due date for submission of the design modification(s), Respondent shall submit a complete application for a Department wastewater permit to construct the modifications submitted if such a permit is required. If the Department requires additional information to process the permit application, Respondent shall provide a written response containing the information requested by the Department within 90 days of the date of the request.
• Within 720 days after the wastewater permit is issued, the Respondent shall complete construction of the modification(s).
• Every quarter after the effective date of this Order and continuing until all corrective actions have been completed, Respondent shall submit to the Department a written report containing information about the status and progress of projects being completed under this Order, information about compliance or noncompliance with the applicable requirements of this Order, including construction requirements and effluent limitations, and any reasons for noncompliance. These reports shall also include a projection of the work Respondent will perform pursuant to this Order during the 12-month period following the report. 

The FDEP assessed fines to the City, which included:

• $9,000.00 in settlement of the regulatory matters addressed in this Order. This amount includes $8,000 for civil penalties and $1,000 for costs and expenses incurred by the Department during the investigation of this matter.
• Respondent agrees to pay the Department stipulated penalties in the amount of  $1,000 per day for each and every day Respondent fails to comply with any of the requirements of this Order.

The Golden Gem reclaimed water pond is 102.79 acres and is located at 3513 Golden Gem Road in Apopka. Two separate ponds within the perimeter hold about 50 million and 200 million gallons of water, respectively.

The City has 20 days to reply to the FDEP (which would be on April 22nd). The next Apopka City Council meeting is scheduled for April 16th.

This developing story will be updated in future editions of The Apopka Voice.