126th Avenue Landfill, Inc. v. State, Department of Environmental Protection

NORTHCUTT, Judge.

126th Avenue Landfill challenges a summary final judgment awarding civil penalties to the Department of Environmental Protection. We reverse and remand for further *3proceedings because we conclude that the trial court should have considered whether the remedy the department sought was inappropriate. See § 120.69, Fla. Stat. (1995).

In August 1992, the landfill and the department entered into a consent order under which the landfill agreed to pay a civil penalty of $15,000 for various violations of statutes and regulations that occurred before May 18, 1992. The landfill was to…