Florida Department of Environmental Protection v. Holmes Dirt Service, Inc.

Circumstances beyond appellees’ reasonable control which they could not have prevented by due diligence were not proven here, in my opinion. The final order finds, inter alia, that appellees, who are the “owners and operators of the Holmes Fill Dirt Landfill Facility,” failed to control objectionable odors, failed to control access to the facility, and did not provide required groundwater monitoring reports, all in violation of departmental rules.

Particularly in light of the additional finding that appellees failed to comply with other rules that required them to update their bond, or…