FLORIDA DEPARTMENT OF Ron DeSantis
Governor
Environmental Protection Alexis A. Lambert
Secretary
Northeast District
8800 Baymeadows Way West, Suite 100
Jacksonville, Florida 32256
March 26, 2025
Mr. Steven Curtis, Signatory Authority
Family Owned Funeral Group LLC
4140 University Blvd. South
Jacksonville, Florida 32216
SUBJECT: Department of Environmental Protection v. Family Owned Funeral Group,
LLC and Steven Curtis
OGC File No. 24-2431
Air Facility ID No. 0010057
Alachua County – Air Enforcement
Dear Mr. Curtis:
Enclosed is a copy of the executed Consent Order to resolve Case Number 24-2431. The effective
date of this Order is March 25, 2025, and all timeframes will be referenced from this date.
As a reminder, a Consent Order is a binding legal document and was voluntarily entered into by
both parties.
Should you have any questions concerning the Consent Order, please contact Christopher Azcuy,
at [email protected], or by phone at (904) 256-1529. Your continued cooperation in
the matter is appreciated.
Sincerely,
Thomas G. Kallemeyn
Assistant Director
Enclosure: Executed Consent Order
ec: FDEP-OGC: Lea Crandall, Agency Clerk
FDEP-NED: Tom Kallemeyn, Joni Petry, Chris Azcuy, Zach Winkler, Sarah Harris
FDEP-OGC: Cameron Bertron
ACEPD: Christopher Gilbert,
[email protected] Forest Meadows: Connor Moloney,
[email protected]; Kirby Pulliam,
[email protected] WRW Legal: Liz Apolonio,
[email protected] FLORIDA DEPARTMENT OF Ron DeSantis
Governor
Environmental Protection Jeanette Nuñez
Lt. Governor
Northeast District Alexis A. Lambert
8800 Baymeadows Way West, Suite 100 Secretary
Jacksonville, Florida 32256
February , 2024
Mr. Steven Curtis, Signatory Authority
Family Owned Funeral Group LLC
4140 University Blvd. South
Jacksonville, Florida 32216
SUBJECT: Department of Environmental Protection v. Family Owned Funeral Group,
LLC and Steven Curtis
OGC File No. 24-2431
Air Facility ID No. 0010057
Alachua County – Air Enforcement
Dear Mr. Curtis:
Enclosed is the Consent Order to resolve the issues in the subject OGC File. Please review the
Consent Order and, if you find it acceptable, sign and return the original document to this office
within 14 days of receipt.
If you wish to modify the Consent Order, please respond to this office in writing within 14 days,
explaining your concerns including any proposed changes.
If you have any questions concerning the Consent Order, please contact Christopher Azcuy, at
(904) 256-1529, or at [email protected]. Your continued cooperation in the matter is
greatly appreciated.
Sincerely,
Thomas G. Kallemeyn
Assistant Director
ec: FDEP-NED: Tom Kallemeyn, Joni Petry, Chris Azcuy, Zach Winkler, Sarah Harris
FDEP-DARM: Jessica Dalton
FDEP-OGC: Cameron Bertron
Forest Meadows: Connor Moloney, [email protected]; Kirby Pulliam,
[email protected]
BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE OF FLORIDA DEPARTMENT ) IN THE OFFICE OF THE
OF ENVIRONMENTAL PROTECTION ) NORTHEAST DISTRICT
)
v. ) OGC FILE NO. 24-2431
)
FAMILY OWNED FUNERAL GROUP, LLC,
)
and )
)
STEVEN CURTIS )
CONSENT ORDER
This Consent Order (“Order”) is entered into between the State of Florida Department of
Environmental Protection (“Department”) and Family Owned Funeral Group, LLC, and Steven Curtis,
(“Respondents”) to reach settlement of certain matters at issue between the Department and Respondent.
The Department finds and Respondent admits the following:
1. The Department is the administrative agency of the State of Florida having the power and
duty to protect Florida’s air and water resources and to administer and enforce the provisions of Florida
Statutes (“Fla. Stat.”), and the rules promulgated and authorized in Title 62, Florida Administrative
Code (“Fla. Admin. Code”). The Department has jurisdiction over the matters addressed in this Order.
2. Respondents are each a “person” within the meaning of Section 403.031(5), Fla. Stat.
3. Respondent Family Owned Funeral Group, LLC is the owner of property located at 725
NW 23rd Avenue, Gainesville (further identified by Parcel No. 09353-000-000), in Alachua County,
Florida, where the Forest Meadows Funeral Home – Gainesville (“Facility”) is located. The Facility
currently operates one human crematory unit (Emission Unit No. 2). The crematory operates under Air
General Permit No. 0010057-009-AG, (“Permit”) as defined in Section 62-210.200, Fla. Admin. Code.
Respondent Steven Curtis is the Permittee for the Facility’s Air General Permit.
4. On February 21, 2024, the Northeast District Office received a residential complaint
regarding potential odors and visible emissions emitting from the stack associated with the human
crematory unit.
5. On February 22, 2024, the Northeast District Office requested the Facility to complete a
Special Compliance Test for Carbon Monoxide and Particulate Matter for the Human Crematory Unit.
DEP v. Family Owned Funeral Group, LLC and Steven Curtis
Consent Order, OGC File No. 24-2431
Page 2 of 8
This special compliance testing was requested pursuant to Rule 62-297.310(8)(c), Fla. Admin. Code,
due to previous complaints that were received by the Department, in addition to previous Department
staff observations of a faint chemical odor, potentially due to incomplete combustion of natural gas.
a) The applicable air emissions standards for Human Crematories are established in
Rule 62-296.401(5)(b), Fla. Admin. Code.
b) The required test methods and procedures for Human Crematories are established
in Rule 62-296.401(5)(f), Fla. Admin. Code.
6. During the Special Compliance Testing that was partially completed on April 5, 2024, the
Human Crematory Unit exceeded the emissions standard for Carbon Monoxide. The average Carbon
Monoxide emissions rate during the compliance test was 119.8 ppmvd corrected to 7% oxygen, which is
above the emissions standard of 100 ppmvd corrected to 7% oxygen. The Facility terminated the Special
Compliance Testing on April 5, 2024, after Run No. 1, and did not meet the required number of test runs
in accordance with EPA Test Method 10.
a) The Facility re-scheduled the Special Compliance Testing for Carbon Monoxide
and Particulate Matter for May 3, 2024, but the Facility was again unable to fully
complete the Special Compliance Testing due to technical completions and excess
Carbon Monoxide emissions during the engineering evaluation. The Facility
terminated the Special Compliance Testing on May 3, 2024, prior to Run No. 1,
and did not meet the required number of test runs in accordance with EPA Test
Methods 5 and 10.
7. On June 18, 2024, the Department issued a Warning Letter, which included a copy of the
Air Complaint Investigation Report from the Department’s observation of facility operations on May 3,
2024.
a) On July 4, 2024, Ash Curtis submitted a written response to the Department’s
Warning Letter. In the written response, the Respondent stated their decision to
stop any further attempts to repair the existing Human Crematory Unit. The
Respondent also stated the Facility will cease operations of this regulated
emission unit and may eventually replace the unit with a new human crematory
unit.
DEP v. Family Owned Funeral Group, LLC and Steven Curtis
Consent Order, OGC File No. 24-2431
Page 3 of 8
8. Based on the findings from Paragraphs 6 through 7, the Department finds the following
violations occurred:
a) The Human Crematory Unit (identified as EU-002) exceeded the emissions
standard for Carbon Monoxide, in violation of Rule 62-296.401(5)(b)(3), Fla.
Admin. Code.
b) The Facility failed to complete the Special Compliance Test for Carbon
Monoxide and Particulate Matter requested by the Northeast District Office for
the Human Crematory Unit (identified as EU-002), which was requested pursuant
to Rule 62-297.310(8)(c), Fla. Admin. Code
Having reached a resolution of the matter Respondent and the Department mutually agree and it
is
ORDERED:
9. Respondent shall comply with the following corrective actions within the stated time
periods:
a) As of the effective date of this Order, the Facility shall immediately cease
operations of the Human Crematory Unit (identified as EU-002).
b) Within 15 days of the effective date of this Order, the Facility shall disconnect
and/or cap the natural gas line(s) to the Human Crematory Unit, disconnect the
electrical power supplied to the Human Crematory Unit, and complete any other
modifications to the Human Crematory Unit to ensure the unit cannot be operated.
c) Within 10 days of completing the actions required by Paragraph 9(b), the
Respondent shall submit photo documentation of the disconnection(s) to the
Northeast District Office and schedule a site visit with members of the Northeast
District staff to verify that the Human Crematory Unit has been formally
disconnected from all power sources and there is no method of operation for this
unit.
i) Based on this site visit, the Department will inactivate the Human
Crematory Unit (identified as EU-002) in all necessary air
DEP v. Family Owned Funeral Group, LLC and Steven Curtis
Consent Order, OGC File No. 24-2431
Page 4 of 8
compliance/permitting databases and officially expire Air General Permit
No. 0010057-009-AO.
ii) The Respondent is not required to immediately remove the Human
Crematory Unit from the Facility, as long as the unit is still rendered
inoperable. When the Respondent removes the Human Crematory Unit
from the Facility, the Respondent shall submit written notice to the
Northeast District Office within 10 days of the unit being permanently
removed. This written notice shall include the date when the unit was
removed, as well the next location of the unit.
10. Within 60 days of the effective date of this Order, Respondent shall pay the
Department $ 1,625.00 in settlement of the regulatory matters addressed in this Order. This amount
includes $ 1,125.00 for administrative penalties and $ 500.00 for costs and expenses incurred by the
Department during the investigation of this matter and the preparation and tracking of this Order. The
administrative penalties are apportioned as follows: $ 1,500.00 for exceeding the emissions standard for
Carbon Monoxide, pursuant to 403.121(3)(f), Fla. Stat. For the Respondent’s good faith activities after
discovery of the violation, the Department has reduced the administrative penalties by $375.00.
Additionally, in lieu of paying $750.00 of this total, the Department will accept timely completion of the
Department’s Online Environmental School and reduce the penalty total to $875.00.
a) If Respondent elects to complete the online course in order to reduce the penalty
total to $ 875.00, the online course must be completed with a passing score of 80 or
above on the Environmental School exam by Mr. Steven Curtis, or other representative
corporate officer of Respondent within 30 calendar days of the Department’s course
activation date.
b) Within 60 days of the effective date of this Order, Respondent shall make
payment of $ 875.00 required by this Order with completion of the online course. Should
the online course not be completed as noted above, Respondent shall make payment of $
1,625.00.
11. If the facility decides to purchase a new human crematory unit, the Facility will be
required to apply for a new Air General Permit registration prior to operation of the new unit. Due to the
concerns addressed in this Order, the Facility will be required to complete Special Compliance Testing
DEP v. Family Owned Funeral Group, LLC and Steven Curtis
Consent Order, OGC File No. 24-2431
Page 5 of 8
for Carbon Monoxide, Particulate Matter, and Visible Emissions prior to official operations of the new
human crematory unit. This will be requested by the Northeast District Office through the Special
Compliance Test authority under Rule 62-297.310(8)(c), Fla. Admin. Code, with a timeline to be
provided at that time. Department personnel will be required to be in observation of this Special
Compliance Test, when formally scheduled.
12. Respondent agrees to pay the Department stipulated penalties in the amount of up to
$100.00 per day for each and every day Respondent fails to timely comply with any of the requirements
of Paragraphs 9 and 10 of this Order. The Department may demand stipulated penalties at any time after
violations occur. Respondent shall pay stipulated penalties owed within 30 days of the Department’s
issuance of written demand for payment and shall do so as further described in Paragraphs 13 and 14,
below. Nothing in this paragraph shall prevent the Department from filing suit to specifically enforce
any terms of this Order. Any stipulated penalties assessed under this paragraph shall be in addition to
the administrative penalties agreed to in Paragraph 10 of this Order.
13. Respondent shall make all payments required by this Order by cashier's check, money
order or on-line payment. Cashier’s check or money order shall be made payable to the “Department of
Environmental Protection” and shall include both the OGC number assigned to this Order (24-2431) and
the notation “Civil Penalty.” Online payments by e-check can be made by going to the DEP Business
Portal at: http://www.fldepportal.com/go/pay/. It will take a number of days after this order becomes
final, effective and filed with the Clerk of the Department before ability to make online payment is
available.
14. Except as otherwise provided, all submittals and payments required by this Order shall be
sent to the Northeast District Office, Department of Environmental Protection, at 8800 Baymeadows
Way West, Suite 100, Jacksonville, Florida 32256.
15. Respondent shall allow all authorized representatives of the Department access to the
Facility and the Property at reasonable times for the purpose of determining compliance with the terms
of this Order and the rules and statutes administered by the Department.
16. In the event of a sale or conveyance of the Facility or of the Property upon which the
Facility is located, if all of the requirements of this Order have not been fully satisfied, Respondent shall,
at least 30 days prior to the sale or conveyance of the Facility or Property, (a) notify the Department of
such sale or conveyance, (b) provide the name and address of the purchaser, operator, or person(s) in
DEP v. Family Owned Funeral Group, LLC and Steven Curtis
Consent Order, OGC File No. 24-2431
Page 6 of 8
control of the Facility, and (c) provide a copy of this Order with all attachments to the purchaser,
operator, or person(s) in control of the Facility. The sale or conveyance of the Facility or the Property
does not relieve Respondent of the obligations imposed in this Order.
17. If any event, including administrative or judicial challenges by third parties unrelated to
Respondent, occurs which causes delay or the reasonable likelihood of delay in complying with the
requirements of this Order, Respondent shall have the burden of proving the delay was or will be caused
by circumstances beyond the reasonable control of Respondent and could not have been or cannot be
overcome by Respondent's due diligence. Neither economic circumstances nor the failure of a
contractor, subcontractor, materialman, or other agent (collectively referred to as “contractor”) to whom
responsibility for performance is delegated to meet contractually imposed deadlines shall be considered
circumstances beyond the control of Respondent (unless the cause of the contractor's late performance
was also beyond the contractor's control). Upon occurrence of an event causing delay, or upon
becoming aware of a potential for delay, Respondent shall notify the Department by the next working
day and shall, within seven calendar days notify the Department in writing of (a) the anticipated length
and cause of the delay, (b) the measures taken or to be taken to prevent or minimize the delay, and
(c) the timetable by which Respondent intends to implement these measures. If the parties can agree
that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable
control of Respondent, the time for performance hereunder shall be extended. The agreement to extend
compliance must identify the provision or provisions extended, the new compliance date or dates, and
the additional measures Respondent must take to avoid or minimize the delay, if any. Failure of
Respondent to comply with the notice requirements of this paragraph in a timely manner constitutes a
waiver of Respondent's right to request an extension of time for compliance for those circumstances.
18. The Department, for and in consideration of the complete and timely performance by
Respondent of all the obligations agreed to in this Order, hereby conditionally waives its right to seek
judicial imposition of damages or civil penalties for alleged violations up to the date of the filing of this
Order. This waiver is conditioned upon Respondent’s complete compliance with all of the terms of this
Order.
19. This Order is a settlement of the Department’s civil and administrative authority arising
under Florida law to resolve the matters addressed herein. This Order is not a settlement of any criminal
liabilities which may arise under Florida law, nor is it a settlement of any violation which may be
DEP v. Family Owned Funeral Group, LLC and Steven Curtis
Consent Order, OGC File No. 24-2431
Page 8 of 8
DONE AND ORDERED this 26th day of March 2025, Duval County, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
____________________________________
Gregory J. Strong
District Director
Northeast District
Filed, on this date, pursuant to Section 120.52, Fla. Stat., with the designated Department Clerk, receipt
of which is hereby acknowledged.
________________________________ March 26, 2025
Clerk Date
Copies furnished to:
FDEP-OGC: Lea Crandall, Agency Clerk, Mail Station 35 [Executed Copy Only]
FDEP-NED: Tom Kallemeyn, Joni Petry, Chris Azcuy, Zach Winkler, Sarah Harris
FDEP-DARM: Jessica Dalton
FDEP-OGC: Cameron Bertron
ACEPD: Christopher Gilbert, [email protected] [Executed Copy Only]
Forest Meadows: Connor Maloney, [email protected]; Kirby Pulliam,
[email protected]
