Magistrate Imposes Max Fines for Illicit Discharges

Illicit discharges into Marco’s waterways dominated the docket for the February Code Magistrate which are violations of Marco’s Municipal Code Section 18-212.

On February 25, 2025, Special Magistrate Robert D. Pritt presided with Attorney Joseph Natiello representing the City of Marco Island.

According to the Municipal Code, if the special magistrate finds the violation to be irreparable or irreversible in nature, they may impose a fine not to exceed $5,000 per violation.

1078 Cottonwood Court – City of Marco Island vs. Aqua Leak Detection and David & Young Ah Lomas – Illicit Discharge.

Testifying for the City: Code Enforcement Officer Negra was called on a citizen complaint. Photos were introduced showing pool water being discharged into the canal. There is no history of violation for the contractor, Aqua Leak within the City of Marco Island. This was cited as “irreparable harm.”

Testifying for the Respondent: Mr. D’Angelo, Owner, Paradise Pool Finishes. According to D’Angelo, they would normally discharge across the land as a filter, but there is a burrowing owl on the vacant lot. He also added that they started the dichlorination process 13 days prior to pool repair to get them to the point where they can dump clean water into canal.”

Attorney Natiello asked “Was there any testing of the water to gauge the amount of chlorine prior to the water being dumped into the canal? The owner replied, “It is part of the process, but they did not test the water.”  

Natiello added, “It is the position of the City that there was irreparable harm to the waterways or the environment,” and requested the maximum of $5,000 and $50 cost.”

Magistrate Order: That the Contractor shall pay a one-time fine of $3,500 and $50 for cost of prosecution. 

224 Dan River Court, City of Marco Island vs. Hugh and Pamela Hunt and Paradise Pool Finishes – Illicit Discharge

Testifying for the City: Code Officer Negra responded to a citizen complaint: Workers were working on the pool and pumping the wastewater with debris from the bottom of the pool out into the canal. No history for the contractor or for the owner of the property. This was cited as “irreparable.”

Testifying for the Respondent: Owner of Paradise Pool Finishes

City Attorney for Marco Island recommendation: “City is asking for the maximum fine of $5000. Natiello added, “The Code speaks to the act of the dumping into the Ecosystem of Marco Island. There was mud, dirt, and sand all introduced into the stormwater by the pumping of the pool.” 

Magistrate’s Order: That the Contractor shall pay a one-time fine of $4,000 and $50 for cost of prosecution. 

1522 Buccaneer Court – City of Marco Island vs. DSI Contracting INC., and Francis Mulligan – Illicit Discharge.

Testifying for the City: Code Enforcement Officer Negra. A new dock was being installed and plastic shavings were floating in the canal. Contractor had two priors for illicit discharges.

Testifying for the Respondent: Representative for DSI Marine 

Magistrate’s Order:  That the Contractor shall pay a one-time fine of $4,000 and $50 for cost of prosecution. 

130 Delbrook Way – City of Marco Island vs. Larry Properties LLC – Illicit Discharge.

Testifying for the City: Code Enforcement Officer Sullivan. Dead shrimp on storm drain grate and below. This was cited as “irreparable harm.”

Testifying for the respondent: David Boggs – “There was shrimp there; I wasn’t home, and we didn’t dump it there.”

Magistrate’s Order: That the owner shall pay a one-time fine of $4,000 and $50 for cost of prosecution. 

Below is a list of what are considered “illicit discharges” into Marco’s Waterways.

Petroleum products, including but not limited to oil, gasoline, grease; solid wastes; paints; steam cleaning waste; pesticides, herbicides or fertilizers, or as regulated by existing ordinance; degreasers, solvents; sanitary sewage; chemically treated cooling water; antifreeze and other automotive products; lawn clippings, leaves, branches or yard trash; animal carcasses; recreational vehicle gray water; dyes; construction materials and waste; any liquids in quantity or quality that are capable of causing a violation of the City’s NPDES stormwater permit; and solids in such quantities or of such size capable of causing interference or obstruction to the flow of the City’s MS4. No lawn mowing clippings or other such discharge of debris is permitted towards or into waterbodies or watercourse(s). No direct discharge of roof drains to the city’s canal system is permitted.