Subject:
Title
Proposed ratification of initiation of litigation in the case of Pinellas County v. G.A. Nichols, LLC; Circuit Civil Case No. 26-005463-CI - petition for emergency temporary injunction to prevent the displacement of soil and for permanent injunction.
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Recommended Action:
Recommended Action
Ratification of the Chair’s approval of authority to initiate litigation against G.A. Nichols, LLC.
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Strategic Priorities:
N/A
Summary:
Summary
In February of 2026, County Staff confirmed a complaint concerning illicit discharge of bentonite into Cross Bayou Canal. Defendant was the operator of the bentonite stockpile on an adjacent property. In June of 2026, the County provided a proposed global consent order to the Defendant regarding the illicit discharge into Cross Bayou Canal, including necessary remedial actions and the need to obtain authorizations and applicable permits to complete the required work. However, no agreement to resolve the observed violations was reached.
On September 4, 2026, County Staff observed land disturbance activities on the property adjacent to the bentonite discharge. Specifically, staff observed removal and destruction of mangroves and other native vegetation, and the displacement of land, fill, and other natural resources. On September 11, 2026, County Staff observed an extreme amount of additional work on the subject property, causing significant concern. Additional construction equipment was on site, and there was active discharge of material into Cross Bayou Canal. No requests for authorization or permits for the work were made outside of the limited request for installation of a temporary silt fence.
Due to the extreme amount of destructive and unpermitted work, all as described above, approval to initiate litigation from the Board of County Commissioner’s Chair was sought pursuant to Resolution No. 21-23. Pinellas County has now filed an action for both an emergency temporary injunction as well as a permanent injunction. The Complaint may be amended to address additional violations existing on the property if the Defendant does not timely bring them into compliance.
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Background Information:
A Memorandum of Understanding between Pinellas County and the City of Pinellas Park Regarding Enforcement of Illicit Discharge Under NPDES MS4 Permit, Legistar Item 26-0315D, was entered into on May 6, 2026 regarding the illicit discharge to Cross Bayou Canal.
Fiscal Impact:
Unknown.
Staff Member Responsible:
Jewel White, County Attorney
Amanda Coffey, Managing Assistant County Attorney
David Barrera, Assistant County Attorney
Partners:
Public Works
Attachments:
N/A