UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION 

CASE NO. 9:22-CV-81908-AMC 

MARC M. DULCIO, 

Plaintiff, FILED BY ht:& D.C. 

V. 

ENVIRONMENT AL PROTECTION 

AGENCY, et al., 

Defendants. 

________ / 

AMENDED COMPLAINT I 

J1\ l O 3 2023 

ANGELA E. NOBLE 

CLERK U S. DIST. CT. 

SD. OF FLA. - W.P.B. 

COMES NOW the Plaintiff, Marc M. Dulcia, representing himself as a Pro Se 

litigant, sue the Defendants; UNITED ST ATES ENVIRONMENT AL PROTECTION AGENCY, 

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, SHAWN HAMILTON, 

LATESHEE M. DANIELS, FLORIDA DEPARTMENT OF ENVIRONMENTAL 

PROTECTION WASTE SITE CLEAN UP SECTION, THERESA PEPE, BRECK DALTON, 

AARON COHEN, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 

OFFICE OF GENERAL COUNSEL, GARY BALLARD, STACI KICHLER, FLORIDA 

DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE SOUTH EAST DISTRICT, 

JASON ANDREOTTA, SIRENA DAVILA, NORVA BLANDIN, ALANNAH IRWIN, 

ROMINA LANCELLOTTI, JUSTIN STARK, ARCADIS U.S., INC., GPI PROPERTIES, INC., 

and EARTH TECH DRILLING, INC., as the result of violations of Federal, State, and Local Laws. 

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CASE NO. 9:22-cv-81908-AMC 

ATTACHED 

Full List of Defendants 

{1). ENVIRONMENTAL PROTECTION AGENCY; 

(2). FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; 

(2)(1). SHAWN HAMILTON (Individual Capacity) 

(2)(2). LA TES HEE M. DANIELS (Individual Capacity) 

(2)(3). Florida Department of Environmental Protection Waste Site Cleanup Section 

(2)(3)(1). THERESA PEPE (Individual Capacity) 

(2)(3)(2). BRECK DALTON (Individual Capacity) 

(2)(3)(3). AARON COHEN (Individual Capacity) 

(2)( 4). Florida Department of Environmental Protection Office of General Counsel 

(2)(4)(1). GARY BALLARD (Individual Capacity) 

(2)(4)(2). STACI KICHLER (Individual Capacity) 

(2)(5) Florida Department of Environmental Protection of the Southeast District 

(2)(5)(1). JASON ANDREOTTA (Individual Capacity) 

(2)(5)(2). SIRENA DA VILA (Individual Capacity) 

(2)(5)(3). NORVA BLANDIN (Individual Capacity) 

(2)(5)(4). ALANNAH IRWIN (Individual Capacity) 

(2)(5)(5). ROMINA LANCELLOTTI (Individual Capacity) 

(2)(5)(6). JUSTIN STARK (Individual Capacity) 

Government Contractors and Subcontractors 

(2)(6). ARACDIS U.S.,INC.; 

(2)(6)( 1). GPI PROPERTIES, INC., d/b/a Groundwater Protection; 

(2)(6)(2). EARTH TECH DRILLING, INC.; 

Case 9:22-cv-81908-RLR Document 7 Entered on FLSD Docket 01/03/2023 Page 2 of 71
CASE NO. 9:22-cv-81908-AMC 

Address List: 

United States Environmental Protection Agency 

Mail Code 1101A 

1200 Pennsylvania Avenue NW 

Washington, DC 20460 

Florida Department of Environmental Protection 

3900 Commonwealth Blvd 

Tallahassee, FL 332399 

Florida Department of Environmental Protection Waste Site Cleanup Section 

2600 Blair Stone Road, MS 3588 

Tallahassee, FL 32399 

Florida Department of Environmental Protection Office of General Counsel 

3900 Commonwealth Boulevard 

Tallahassee, Florida 32399-3000 

Florida Department of Environmental Protection of the Southeast District 

3301 Gun Club Road. 

West Palm Beach, FL 33406 

Arcadis U.S. INC. 

1500 Gateway Blvd, Suite 200 

Boynton Beach, FL 33426 

GPI PROPERTIES, INC., d/b/a Groundwater Protection 

2300 SILVER STAR RD 

ORLANDO, FL 32804 

EARTH TECH DRILLING, INC 

2703 NW 19th St, 

Pompano Beach, FL 33069 

Case 9:22-cv-81908-RLR Document 7 Entered on FLSD Docket 01/03/2023 Page 3 of 71
TABLE OF CONTENTS 

Jurisdiction & Venue ... . . .. ......... ...... ... . ... ... ...... ....... .. . . ........ 3 

References .. .... ............ .. ...... ... .... . .. .. . . ...... . ................... 3 

Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 - 9 

Chronology of Factual Allegations . ............... . .. . .................... .. . . 9 - 24 

COUNT I & II - DECI.ARATORY RELIEF .... ....... . ....... . ........... . .... . 24 - 27 

COUNT III - NEGLIGENCE PER SE . . ...................................... 27 - 31 

COUNT IV - ACTION FOR DAMAGES (Chapter 376 Fla. Stat) . .. . ............ . .. 31 - 33 

COUNT V - DEPRIVATION OF RIGHTS (Amendments (I)) ................... . ... 33 - 35 

COUNT VI - DEFAMATION (libel) PER SE ..... .... . ... .. . ... . ............... 35 - 37 

COUNT VII - FRADULANT CONCEALMENT ...................... . ..... . .... 38 - 41 

COUNT VIII - CONSPIRACY TO INTERFERE wl CIVIL RIGHTS .. ............... 41 - 47 

COUNT VIV - ACTION FOR NEGLECT TO PREVENT .. ....... .... .... ... ..... 47 - 49 

COUNT X - DEPRIVATION OF RIGHTS .. ...... ... .. . ... ....... .. ... ... ..... 50 - 54 

COUNT XI - FLORIDA RICO ACT . . ........ ... .......... . .. . ... .. .......... 54 - 60 

COUNT XII - ACTION FOR TREBLE DAMAGES (18 U.S.C. 1964) .. . ... ... . .. . ... 60- 61 

COUNT XIII - ACTION FOR CORRECTIVE ACTION . . . . . ... . . .. . .. . ... .. .. .... 61 - 67 

SUMMARY OF LOSSES/DAMAGES ......................................... 67 - 68 

PRAYER FOR RELIEF .. .. . ........... . ............ .. ...... . ......... . ....... 69 

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JURISDICTION & VENUE 

1. This Court has jurisdiction pursuant to 28 U.S.C. § 1331 as this is a Civil Rights 

Claim under 42 U.S.C § 1983, 42 U.S.C § 1988; and 28 U.S.C. § 1367, which gives the district 

courts supplemental jurisdiction over state law claims. Venue is proper in this judicial district 

under 28 U.S. C. § 89( c) as the events that gave rise to this Complaint occurred in this District. 

Venue is further made proper in Palm Beach County, Florida as the incident(s)/act(s)/omission(s) 

occurred and accrued in Palm Beach County, and Defendants operate business and/or a 

governmental agency and/or reside and/or work in Palm Beach County, Florida. This is an action 

seeking damages in excess of $100,000 exclusive of costs, and interest. 

REFERENCES 

A.) FDEP BaseSite/"INITIAL SITE ASSESSMENT WORK PLAN" 

B.) FDEP BaseSite/"B. LINN COMMENTS SITE ASSESSMENT WORK PLAN" 

C.) FDEP BaseSite/"SITE ASSESSMENT REPORT" 

D.) FDEP BaseSite/"FDEP DALTON - SITE ASSESSMENT REPORT" 

E.) FDEP BaseSite/"SUPPLEMENTAL SITE ASSESSMENT REPORT" 

F.) FDEP BaseSite/"SUPPLEMENTAL ASSESSMENT REPORT" 

G.) FDEP BaseSite/"FDEP DALTON-SUPPLEMENTAL SITE ...... " 

H.) FDEP_BaseSite/"ATTEMPT TO CONDUCT INSPECTION .... " 

I.) FDEP BaseSite/"SITE PHOTOS" 

"FDEP _BaseSite" 

https://prodenv. dep.state.fl. us/DepNexus/public/electronicdocuments/ERI C _5194/facility! search 

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PARTIES 

2. Plaintiff(l), Marc M. Dulcia (hereinafter, "Mr. Dulcio"), at all times material 

hereto, Mr. Dulcio was an individual residing in Palm Beach, Florida and is sui juris, Mr. Dulcio 

is the single member owner of Warranty Repair Experts, LLC (hereinafter, "WRX") d/b/a New 

Lifestyle Cleaners (hereinafter, "LSC") which is properly registered and domiciled in Florida. Mr. 

Dulcio operating as the Manager/Operating Manager of WRX, transferred all rights, interests and 

cause of actions to himself, in his individual/personal capacity. Mr. Dulcio also performed a 

business conversion (Pursuant to F.S. 605.1045) of his LLC to a Sole proprietorship exposing Mr. 

Dulcio to personal liability, and further enabling Mr. Dulcia to pursue this matter in his individual 

and/or personal capacity as a "Pro SE" litigant (pursuant to 28 U.S.C. § 1654). 

Defendant(s) of the "United States Environmental Protection Agency" 

3. Defendant{l). United States Environmental Protection Agency (As an Agency) 

(hereinafter, "EPA"); has a duty to protect human health and the environment, the EPA have 

several offices throughout the state of Florida, including the Southern District of Florida. 

Defendant(s) of the "Florida Department of Environmental Protection" 

4. Defendant(2). Florida Department of Environmental Protection (As an Agency) 

(hereinafter, "FDEP"); 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 Chapter 403 & 376 Fla. Stat., and the rules promulgated thereunder in Fla. Admin. 

Code Title 62. The FDEP is located at 3900 Commonwealth Boulevard, Tallahassee Florida with 

a zip code of 32399. 

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5. 

The FDEP is respondent superior for defendant(s); 

Defendant(2){1). SHAWN HAMILTON (hereinafter, "Secretary!"), is employed with the FDEP as a Deputy Secretary, and at all times material hereto, was 

"operating under the color oflaw", and whose duties were to provide statewide 

guidance on sensitive environmental justice issues and was appointed as the 

principal state liaison for the EPA' s Office of Environmental Justice. 

Defendant(2)(2). LATESHEE M. DANIELS (hereinafter, "FDEP-SECRETARY") is employed with the FDEP as an Administrative Secretary, and at all 

times material hereto, was "operating under the color of law", and who is 

responsible for providing high-end clerical support for the officials at the FDEP 

office located in Tallahassee, FL. 

Defendant(2)(3). FDEP Waste Site Cleanup Section (As an Agency) (hereinafter, "WSCS") is a sub-division of the FDEP operating with all the same 

powers and duties of the FDEP, and at all times material hereto, conducts 

business, and has an office located at 2600 Blair Stone Road. in Tallahassee, 

Florida with a zip code of 32301. 

The WSCS is respondent superior for defendant(s); 

Defendant(2)(3)(1), THERESA PEPE (hereinafter, "ContractManagerl") 

is employed with the WSCS as a Contract Manager with a Florida Certified 

Contract Manager Certification (#4547-21122), and at all times material 

hereto, was "operating under the color of law", and who duties were to 

oversee monitor and provide guidance to contracts, and contractors. 

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6. 

Defendant(2)(3)(2). BRECK DALTON (hereinafter, "ProgramPGl"), is 

employed with the WSCS under the Waste Site Cleanup Section as a 

Professional Geologist, at all times material hereto, was "operating under 

the color oflaw", and who duties were to aide ContractManagerl with site 

characterization and providing technical assistance to contractors .. Notable 

mention: ProgramPGJ is a former Arcadis employee of 24 years and 3 

months. 

Defendant(2)(3)(3). AARON COHEN (hereinafter, "ProgramDirectorl"), 

is employed with the WSCS as a Program Director and at all times material 

hereto, was "operating under the color of law", and whose duties were to 

oversee the Drycleaner Solvent Cleanup Program (hereinafter, "DSCP"). 

Defendant(2)(4), FDEP Office of General Counsel (As an Agency) (hereinafter, "OGC") is a sub-division of the FDEP operating with all the same powers 

and duties of the FDEP, and at all times material hereto, conducts business, and 

has an office located at 2600 Blair Stone Road. in Tallahassee, Florida with a 

zip code of 32301. 

The OGC is respondent superior for defendant(s); 

Defendant(2)(4)(1). GARY BALLARD (hereinafter, "Counsel2"), is employed with the OGC as Lead Counsel, and at all times material hereto, was 

"operating under the color of law", and whose duties were to oversee the 

members of the Office of General Counsel. 

Defendant(2)(4)(2), STACI KICHLER (hereinafter, "Counsell"), is employed with the OGC as legal Counsel, and at all times material hereto, was 

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7. 

"operating under the color of law", and whose duties involve serving the 

interest of FDEP, while upholding the law. 

Defendant(2)(5). FDEP of the South-East District (As an Agency) 

(hereinafter, "FDEP-SED") is a sub-division of the FDEP operating with all 

the same powers and duties of the FDEP, and at all times material hereto, 

conducts business, and has an office located at 3301 Gun Club Road in West 

Palm Beach, Florida with a zip code of 33406. 

The FDEP-SED is respondent superior for defendant(s): 

Defendant(2)(5)(1). JASON ANDREOITA (hereinafter, "Director!"), is 

employed with the FDEP-SED as a District Director, and at all times 

material hereto, was "operating under the color of law", and whose duties 

were to provide guidance and oversight to all program areas in the southeast 

district. 

Defendant(2)(5)(2). SIRENA DA VILA (hereinafter, "Director2"), is 

employed with the FDEP-SED as an Assistant Director, and at all times 

material hereto, was "operating under the color of law", and whose duties 

were to assist Director! in fulfilling his duties along with coordinating 

the compliance functions of the FDEP-SED. 

Defendant(2)(5)(3). NORVA BLANDIN (hereinafter, "Managerl"), is 

employed with the FDEP-SED as an Environmental Manager, and at all 

times material hereto, was "operating under the color of law", and whose 

duties were to oversee the district's Permitting and Waste Cleanup 

programs. 

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Defendant(2)(5)(4). AI.ANNAH IRWIN (hereinafter, "Manager2"), is 

employed with the FDEP-SED as an Environmental Manager, and at all 

times material hereto, was "operating under the color of law", and whose 

duties were to oversee the district's Permitting and Waste Cleanup 

programs. 

Defendant(2)(5)(5). ROM/NA I.ANCELLOITI (hereinafter, "Inspector!") 

is employed with the FDEP-SED as an Environmental Specialist II, and at 

all times material hereto, was "operating under the color oflaw", and whose 

duties were to oversee the district's Permitting and Waste Cleanup 

programs. 

Defendant(2)(5)(6). JUSTIN STARK (hereinafter, "FormerAgentl"), was 

employed with the FDEP-SED as an Environmental Specialist, and at all 

times material hereto, was "operating under the color of law", and whose 

duties were to provide compliance assistance. FormerAgentl is currently an 

employee of the EPA Region IV office. 

Defendant(s) whom are contracted by the FDEP; 

Defendant(2)(6). ARCADIS U.S., INC. (hereinafter, "Arcadis") at all times 

material hereto, was authorized to do business in the state of Florida (Active 

Certificate of Authorization #GB564) and was doing business in the State of 

Florida through its office in Highland Ranch, Colorado and registered agent in 

Boynton Beach , Florida. The nature of Arcadis's business is design, 

engineering, and consultancy solutions for natural and built assets. 

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8. 

Defendant(s) whom are sub-contracted by Arcadis; 

Defendant(2)(6)(1), GP/ PROPERTIES, INC., dlbla Groundwater Protection, a division of DrilLPro, LLC. (hereinafter, "Groundwater Protection"), 

is a Florida limited liability company properly registered and domiciled in 

Florida, and conducts business from its principal address in Orlando, 

Florida, The nature of Groundwater Protection's business is to provide 

specialized environmental drilling services. 

Defendant(2)(6)(2), EARTH TECH DRILLING, LLC. (hereinafter, 

"EarthTech"), is a Florida Corporation properly registered and domiciled 

in Florida, with an office located in Pompano Beach, Florida, The nature of 

EarthTech's business is to provide professional drilling services. 

CHRONOLOGY OFF ACTUAL ALLEGATION 

9. November of 2014, Forest Hills RE Investments, LLLP (hereinafter, "FHRI") 

purchased a strip mall located at 2549-2565 Forest Hill Blvd, this location housed 

a drycleaner at 2565 Forest Hill Blvd (hereinafter, "LSC-Plant"). The LSC-Plant 

site exists within the Biscayne Aquifer, the Biscayne Aquifer is a Sole Source 

Aquifer (hereinafter, "SSA") as described in 40 U.S.C. § 149.2(d). In order for an 

aquifer to qualify as a sole source aquifer it must provide for a minimum of 50 

percent of the drinking water supply for its service area 

10. Prior to December 2017, FDEP assigned the LSC-Plant site to Arcadis to 

perform the "Initial Site Assessment" (hereinafter, "ISA"), the Senior Scientist for 

the task was Douglas J. McGlone, and the Principal Hydrogeologist was William 

D. Vogelsang. 

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11. On December 7, 2017, Arcadis performed the ISA at the LSC-Plant site. 

12. On December 13, 2017, Arcadis submitted the ISA to the FDEP for review 

(please see "Reference A ''). 

13. On January 5, 2018 (In reference to the "ISA"), FDEP employee Bill Linn on 

comment #3 request that ground penetrating radar (hereinafter, "GPR") be used to 

locate the drain field, and on comment #4 states that it is their (the FDEP) belief 

that the site is utilizing city water and sewer (please see "Reference B "). 

Notable Mention: 

i. GPR plays an integral part by providing a non-intrusive means of 

examining the subsurface for environmental hazards such as soil 

contamination, underground storage tanks and drums. The key to a 

comprehensive environmental assessment is the subsurface investigation. 

ii. The most effective way for Arcadis to identify the drain field (per Bill 

Linn 's comments), would be to identify the pipes leading to, and from the 

septic tanks. 

14. Prior to December 2018, the FDEP assigned the LSC-Plant site to Arcadis to 

perform the Site Assessment Report (hereinafter, "SAR"), not to be confused with 

the ISA. 

15. Prior to December 2018, Arcadis subcontracted the services of Groundwater 

Protection to perform the drilling at the LSC-Plant site. 

16. On December 3, 2018, Arcadis and a private utility locate service company, 

"Ground Penetrating Radar Services, Inc" to perform an Electromagnetic Induction 

(hereinafter, "EM"), and a GPR survey of the LSC-Plant site. 

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16a. On the same day as the EM and GPR Arcadis began drilling at the LSC-Plant 

site for the purposes of installing five Modified Air and Gas (hereinafter, 

"MAG") wells. 

17. From December 3, 2018 to January 11, 2019, Arcadis along with the services 

rendered by its subcontractors performed the site assessment at the LSC-Plant site. 

18. On February 1, 2019, Arcadis submits their SAR to the FDEP for review, Per 

Figure 3 of Arcadis's SAR no underground pipes leading to and from the septic 

tank was identified. The only underground utility identified was the natural gas 

(hereinafter, "NG") line, which commences at the westside fence of the strip mall 

(The westside fence runs parallel to Forest Hill Blvd.), the NG line leads north, 

until it reaches the rear of the building, then veers east (similar to an "L ", or a 

hockey stick) until it reaches the gas meter located directly behind the Dry Cleaners 

next to the Boiler (please see "Reference C ") . 

Notable Mention 

The LSC-Plant site does utilize city water, but does not utilized city sewer. 

Therefore it was Arcadis's obligation and/or responsibility and/or duty to 

ensure that all pipes leading to and from the septic tanks, at the LSC-Plant site 

be identified, and marked in accordance with Florida law, a mandatory 

minimum of 2 days prior to any drilling; this process is known as pre-drilling 

clearance/potholing/daylighting and is a mandatory/non-discretionary prerequisite per the FDEP's SOP-17. 

Per FDEP SOP-17; "[T}he standard practice is to post hole or hand auger to 

a depth of four feet to verify that the location is clear of utilities. The Contractor 

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should obtain copies of blueprints or as-built drawings before beginning work 

on-site. These should be readily available for recently constructed facilities. " 

19. On April 23, 2019, ProgramPGl created a memorandum and submitted it to 

ContractManagerl (please see "Reference D "), 

20. 

21. 

Key take aways from the comment section 

t. (#3) [T]hat department engineers consider "Interim Source Removal ". 

!:.!:.:.. (#14) Arcadis recommends consideration of additional soil sampling and 

an excavation. They also recommend considering SVE using MAGS wells 

to remediate soil. It is true that there appears to be insufficient soil data to 

proceed with excavation. Soil sampling did not identify significant soil 

contamination, but MAGS test results indicate a very significant 

remaining vadose zone source. It may be feasible that an interim source 

removal (JSR) using SVE could be implemented without the need for further 

soil sampling. Department engineers should consider remedial strategies 

for the site and then, determine whether additional soil sampling is 

warranted. 

iii. (#16) The SAR can be revised/resubmitted and additional assessment 

completed as supplemental site assessment. 

On May 9, 2019, Arcadis resubmitted the SAR with the recommended corrections 

to the FDEP for review. 

On June 6th, 2019, Mr. Dulcio purchased the Life Style Cleaners (hereinafter, 

"LSC") business and equipment from the property owner FHRI, then signed a 

lease agreement to lease the LSC-Plant site for 5 years. The LSC-Plant is 

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registered with the EPA with an EPA ID number of FLD981029168, and with the 

FDEP with a site ID of ERIC_5194. 

Notable Mention: 

Mr. Dulcio is a quintessential "serial entrepreneur", with several businesses 

registered and domiciled in the states of Florida, and Michigan. 

Of Mr. Dulcio's many businesses Mr. Dulcio owned and operated four (4) 

drycleaners 1 plants and 3 drop-off operations. 

22. On or about July 25th 2019, Employees of the FDEP performed a Compliance 

Evaluation Inspection at the LSC-Plant site. 

Notable Mention: 

The inspection was conducted by Manager2, Inspectorl, and an unknown 

member of the FDEP, Mr. Dulcio was also present for this inspection. 

23. Prior to November 1, 2019, Mr. Dulcio completed all needed repairs and 

corrected all active FDEP violations in order to be in compliance and to begin 

operating the LSC business. 

24. 

25. 

26. 

On April of 2020 Mr. Dulcio purchased the second LSC location, this location was 

located at 18978 NW 2nd Ave, Miami Gardens, Florida with a zip code of 33167 

(hereinafter, "LSC-DropOff-2") 

On September 9, 2020, Arcadis returned to the LSC-Plant site and began drilling 

for 3 additional wells (2 new wells, 1 replacement well), one inside of the LSCPlant building and the other 2 outside. 

On September 10, 2020, Arcadis started collecting groundwater samples. 

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27. On November 6th 2020 Mr. Dulcio purchased The third location, this location 

was located at 10878 Wiles Road, Coral Springs, Florida with a zip code of 33076 

(hereinafter, "LSC-DropOff-1"). 

28. On November 11, 2020 Arcadis submits their "Supplemental Site Assessment 

Report" to the FDEP for review (please see "Reference E"). 

29. On December 18, 2020, Arcadis returned once again to the LSC-Plant site to 

collect additional/confirmatory groundwater samples. 

30. 

31. 

32. 

33. 

On January 8, 2021, Arcadis submits their "Supplemental Assessment Report" to 

the FDEP for review (please see "Reference F '') . 

On or about February 5, 2021, FHRI entered into an agreement to sell the 

property to Highrange, Inc., (hereinafter "HRI"). 

On February 25, 2021 HRI received a commitment letter from Truist Bank for 

the purchase of the property from FHRI. 

On March 25, 2021, (a total of 1 year and 7 months from when Arcadis performed 

the ISA, and after Arcadis has completed the SAR), ProgramPG 1 submitted a 

memorandum to ContractManagerl (please see "Reference G "). 

Key take away from the comment section; 

l. (# 1) Our initial site assessment found significant contamination at the site, 

but the PCE concentration in MW003 was 1,680 ugll in January 2019 and 

was 72,600 ugll in September 2020. Likewise, the PCE concentration in 

sediment from the septic tank was 0.21 mg/kg in December 2018 and 963 

mg/kg in September 2020. 

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tt. (#7) Pending resolution of potential compliance issues and whether the 

facility is or will be an active drycleaner, site data appear to warrant 

remediation. If the drycleaner is not or will not be an active drycleaner in 

the near future, I recommend that department engineers consider an Interim 

Source Removal and clean-out of the septic tank. 

34. On April 13, 2021, an unknown person entered into LSC-Plant site and demanded 

to do an inspection, Mr. Dulcio was not on-site at the time of the unknown persons 

arrival, but Morana Hilaire (hereinafter, "SiteManagerl") was there and advised 

the unknown person that he would have to first speak with Mr. Dulcio to ensure 

that this was ok, the unknown person did not present any credentials to 

SiteManagerl. 

Additional Details of The Exchange 

t. SiteManagerl called Mr. Dulcio and advised Mr. Dulcio that there was a 

person there attempting to conduct an inspection. Mr. Dulcio stated that he 

was not aware of any inspections and asked to speak with the unknown 

person. 

tt. Mr. Dulcio informed the unknown person that he wasn't aware of any 

inspection and if she could reschedule this "inspection" for another date 

and time. The unknown person advised Mr. Dulcio that the property owner 

signed a site access agreement which he would be in violation of if Mr. 

Dulcio did not grant her access. Mr. Dulcio acknowledged what the 

unknown person said, and requested a few minutes in order for Mr. Dulcio 

to call the property owner Bill Sahni (hereinafter, "PropertyOwnerl"), in 

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hopes of gaining clarity as to who this unknown person was, and if the 

property owner was okay granting this unknown person site access. 

iii. Mr. Dulcio made several calls, along with sending text messages to the 

PropertyOwnerl, but was not successful. Mr. Dulcio called 

SiteManagerl, and requested to speak with the unknown person; Mr. 

Dulcio informed the unknown person of his inability to reach 

PropertyOwnerl and re-requested for the inspection to be rescheduled, or 

if the unknown person could wait or come back later in the afternoon, to 

allow Mr. Dulcio time to commute to the LSC-Plant site from where he 

was, at that moment (Miami). 

iv. According to the FDEP Enforcement Manual § 4.3.2.1 titled "Site Access 

Permission by Owner, Operator, or Person in Charge - Express Permission" 

page 31; "An investigator must scrupulously avoid conveying ANY direct 

or indirect threat of sanction or punishment to a person who refuses or 

revokes permission to enter. 

v. The unknown person became very irate and began to threaten Mr. Dulcio 

with violations, fines, and criminal charges of obstructing justice ( In direct 

violation of FDEP policy and procedures), Mr. Dulcio requested that the 

unknown person clam down and grant him just a few more minutes to 

contact the FDEP in hopes of gaining a better understanding as to who this 

person was. 

vi. The unknown person became even more irate and began insulting Mr. 

Dulcio in front of SiteManagerl, by referring to Mr. Dulcio as "Mr. Sucio" 

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(This is a Spanish word that means unclean/dirty/disgusting), Mr. Dulcia 

demanded that the unknown person cease calling him "Mr. Sucio", and that 

he would be calling the FDEP. 

vu. Mr. Dulcio ended the call and called the only number he had for the FDEP 

but was greeted by a voicemail box. Mr. Dulcio had no other choice but to 

compose an email to the FDEP requesting assistance with this matter. 

While Mr. Dulcio was composing the email SiteManagerl texted Mr. 

Dulcio advising him that the unknown person said she would come back 

later in the afternoon around 3:30 pm. To conduct the inspection with Mr. 

Dulcio on-site, Mr. Dulcio responded; "Ok". 

vuz. Mr. Dulcio canceled his business meeting in Miami and begin commuting 

to LSC-Plant site located in the city of West Palm Beach, Florida to meet 

with the unknown person at 3:30 pm p.m. before Mr. Dulcio got to the 

LSC-Plant site the PropertyOwnerl called Mr. Dulcio advising him that 

the unknown person was indeed an employee of the FDEP and to please 

grant her access next time she comes. 

ix. Mr. Dulcio advised PropertyOwnerl that; He (Mr. Dulcio) will make 

sure all of his employees are aware of the potential of a surprise inspection. 

Mr. Dulcio also advised PropertyOwnerl that he will compose an email 

apologizing to the FDEP, and ensuring them that they won't have to worry 

about delays in site access in the future . 

x. Mr. Dulcio composed the email and sent it to PropertyOwnerl, 

Manager2, and Inspectorl, in the email Mr. Dulcio apologized for the 

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35. 

misunderstanding/miscommunication and stated that all of his employees 

are aware of the potential of a surprise inspection and that the FDEP will 

not have an issue with site access moving forward. 

xi. Manager2 responded with additional threats of violations, fines, fees, and 

civil liabilities (In direct violation of FDEP policy and procedures) for the 

current instance and if ever site access is not granted in the future. 

On April 16, 2021, Inspectorl returned to the LSC-Plant site and performed an 

inspection at the LSC-Plant site. As a result of the inspectors report Mr. Dulcio 

was placed in "non-compliance" status. (please see "Reference I") 

Notable Mention 

i. Manager2 created an email chain and advised FHRI, and Mr. Dulcio that 

LSC-Plant is in "non-compliance" status and is eligible for program 

termination from the Drycleaner Solvent CleanUp Program. 

ii. This information made FHRI very upset with Mr. Dulcio, causing 

PropertyOwnerl to threaten to evict Mr. Dulcio if he doesn't correct the 

violations that has caused the site to be in "non-compliance" status. 

36. On or about May 22, 2021, Truist bank informed HRI that it "could not rely 

upon the property as collateral", due to the site being in a non-compliance status 

with the FDEP. 

37. On May 25th 2021 Mr. Dulcio established the fourth location in Detroit, Michigan 

(with a "Department of Licensing and Regulatory Affairs " Entity ID number of 

80267681) (hereinafter, "LSC-Remote-DropOff') as the result of securing an 

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38. 

uniform cleaning and alteration contract with a reputable manufacturing factory in 

Michigan. 

Notable Mention 

i. The LSC-DropOff-1, LSC-DropOff-2, and LSC-Remote-DropOff were 

solely dependent on LSC-Plant for all its fabric needs (cleaning, and 

alterations). 

Prior to July 1, 2021 Mr. Dulcio completed all corrections requested by the 

FDEP-SED in order to return to compliance and continue operating his 

business( es). 

Notable Mention 

l. When Mr. Dulcio contacted the FDEP-SED to confirm if they were in 

receipt of his (Mr. Dulcio) pictures, proving that he has complied with their 

demands, Manager2 advised Mr. Dulcio that the FDEP-SED was in 

receipt of his picture, and to grant the FDEP sometime to review the photos 

and information, Manager2 concluded her email by stating that the 

department had 300 days to review the information. 

ll. This response made FURi very upset causing PropertyOwnerl to demand 

the keys for LSC-Plant site, and informed Mr. Dulcio that his lease 

contained a clause making it mandatory to be in compliance with all federal, 

state and local laws, and due to Mr. Dulcio "non-compliance", FURi must 

evict him. 

iii. Mr. Dulcio begged PropertyOwnerl to reconsider, PropertyOwnerl said 

he wouldn't. Mr. Dulcio then asked if he could please sell the business 

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Instead to generate money, due to Mr. Dulcio's wife being 8 months 

pregnant, with an expected delivery date of August 10, 2021. 

iv. PropertyOwnerl said he will grant Mr. Dulcio's request to sell the 

business, but also requested if Mr. Dulcio could please fix the "noncompliance" issue, or at least figure out what was going on, Mr. Dulcio 

gave PropertyOwnerl his word that he would sort this matter out. 

39. On July 13th 2021, Mr. Dulcio officially begin to try to sell the LSC business 

prior to his eviction date of November 1, 2021, but all prospective buyers rescinded 

their offers after discovery of the "non-compliance" status of the LSC-Plant site. 

Notable Mention 

40. 

t. Due to Mr. Dulcio's non-compliance status with the FDEP, Mr. Dulcio 

was in direct violation with the terms and conditions of his lease agreement 

with FHRI which consequently was the direct cause for Mr. Dulcio's 

eviction from the LSC-Plant site (On Nov 1, 2021). 

Prior to September pt 2021, Mr. Dulcio was advised that the FDEP-SED wanted 

to have a conference call (hereinafter, "ConferenceCall") with him (Mr. Dulcio), 

and the property owner (PropertyOwnerl) on September pt 2021. Mr. Dulcia 

agreed to attend the conference call. 

On September pt 2021, Mr. Dulcio, PropertyOwnerl, Inspectorl, and 

FormerAgentl were all on the ConferenceCall for the purposes of addressing the 

outstanding violations and how we could bring the violations to a collective close 

Notable Mention 

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t. During the ConferenceCall Inspectorl and FormerAgentl advised both 

Mr. Dulcio and PropertyOwnerl that the FDEP, FDEP-SED, WSCS, 

DSCP all suspect that the LSC-Plant site has had a new discharge of 

Perchloroethylene and that Mr. Dulcio was the cause of the new release. 

41. On November 1, 2021, Mr. Dulcio was evicted from the LSC-Plant site. 

Due to Mr. Dulcio's eviction, Mr. Dulcio lost possession of the LSC-Plant site 

and all of his dry cleaning, and cleaning equipment, which performed all of his 

(Mr. Dulcio) fabric cleaning, and alteration needs. 

Subsequent Fall-Out 

t. Due to the loss of LSC-Plant, Mr. Dulcio was unable to perform the work 

needed to sustain the LSC-DropOff-1, LSC-DropOff-2, LSC-RemoteDropOff sites/locations, and was forced to return the keys to the owners of 

both properties, plus cease all operations in the state of Michigan. 

ii. Due to Mr. Dulcio's non-compliance status Mr. Dulcio lost his government 

contracts, which required him to be in compliance with all state laws, local 

laws, statutes, and ordinances. 

iii. Due to Mr. Dulcio's non-compliance status, Mr. Dulcio lost his exclusive 

textile restoration contract with a reputable water restoration company that 

services the entire state of Florida. 

iv. Due to Mr. Dulcio non-compliance status Mr. Dulcio was not able to apply 

for a series of additional government as well as private business contracts. 

42. Between November pt 2021 and July 5th 2022, Mr. Dulcio was resolute in 

becoming competent in environmental science, geology, and hydrology for the 

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purpose of figuring out why FDEP and Arcadis were unable to understand the true 

cause of the spike in Perchloroethylene at the LSC-Plant site and decided to 

research this matter for himself. Mr. Dulcio first started by reviewing the ISA, and 

the SAR's that were submitted to the FDEP by Arcadis after fully reading and then 

re-reading the ISA, and SAR's Mr. Dulcio decided to call the Arcadis employee, 

named Douglas J. McGlone (hereinafter, "Douglas") via the number that was listed 

on the SAR cover page in hopes of gaining clarity on a series of discrepancies Mr. 

Dulcio found within Arcadis's SAR. 

i. As Mr. Dulcio began to ask Douglas questions about the discrepancies, 

Douglas appeared to become a bit agitated and began to divert the conversation 

by saying; "Those things don't matter, the real problem is they have a black 

business owner that didn 't give them access. He 's basically digging his own 

grave." 

ii. This statement shocked Mr. Dulcio because Mr. Dulcio has never met 

Douglas, it was at that moment Mr. Dulcio realized that; 

a. Douglas was not aware of who he was speaking to on the phone; 

b. That some of the difficulties that Mr. Dulcio was dealing with, with 

the FDEP may have been racially motivated. 

m. Mr. Dulcio is an "American with Disabilities" as described in 42 U.S.C. § 

12102(1 a)&(l b ), Mr. Dulcio was tested and diagnosed as having a learning 

disability (Reading, Learning, and Concentrating) once in 1993, and again in 

1997 as a student in the Miami-Dade county public school system. 

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43. On December 1, 2021, The FDEP issued Mr. Dulcio an Official Notice of 

Potential New Discharge. 

44. On February 10, 2022, the FDEP issued Mr. Dulcio an Official Notice of 

Violation (The first step in an Administrative Proceeding). 

45. On May 4th 2022, Mr. Dulcio was made aware of a criminal investigation that was 

opened against him by the FDEP. 

46. Mr. Dulcio asked the FDEP, what initiated the criminal investigation. The FDEP 

replied that the September 10th 2020, sampling event along with consultation from 

Arcadis were their basis for launching a criminal investigation into Mr. Dulcio. 

47. 

48. 

49. 

On May 18• 2022, the FDEP acquired a search warrant with Mr. Dulcio's name 

on it, and with the assistance of 10 police officers began to search the former LSCPlant site. 

On July 5, 2022, Mr. Dulcio gave notice to the EPA, FDEP, FDEP-SED, DSCP, 

and WSCS that the LSC-Plant site was a "Dense Non-Aqueous Phase Liquid" 

(hereinafter, "DNAPL") site, DNAPL is free product as codified in Florida 

Administrative Code 62-780.200(20). 

Notable Mention 

i. Due to the misdiagnosis of the former LSC-Plant site, the site was 

subsequently mishandled by Arcadis, EarthTech, and Groundwater 

Protection causing the spike in chemical of concern (hereinafter, "COC") 

that was found in the groundwater samples dated September 10, 2020. 

On July 7, 2022, an independent firm was contracted (Alpha-Omega Training and 

Compliance (hereinafter, "AOTC")), to perform confirmatory sampling of the 

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former LSC-Plant site, during the sampling event the contractor determined that 

the site was indeed a DNAPL site and that a new discharge by Mr. Dulcio was not 

possible given the evidence. 

50. To date the, The FDEP has an Open/Active Civil, and criminal investigation on 

Mr. Dulcio, both investigations have generated undue and unjust hardships for Mr. 

Dulcio, Mr. Dulcio has been forced to forego a series of gainful; investments 

opportunities, business opportunities, and even employment opportunities. With 

each iteration of the aforementioned opportunities Mr. Dulcio suffered damages 

and/or additional damages to his mental, emotional, and economical health (both 

known and unknown) and an inability to provide for what matters most to Mr. 

Dulcio (his family). 

COUNT! 

DECLARITORY RELIEF 

28 u.s.c. § § 2201-2202 

v. (FDEP, FDEP-SED, WSCS, DSCP & ARCADIS) 

51. Mr. Dulcio reiterates and hereby incorporates the allegations contained m 

paragraphs 1 through 50 as if stated fully and further alleges as follows: 

52. This is a cause of action against FDEP, FDEP-SED, WSCS, DSCP, and Arcadis 

(hereinafter, "CountlDefendants"), pursuant to the Declaratory Judgement Act, 

28 u.s.c. §§ 2201-2202. 

53. This court has the authority and jurisdiction to order the declaratory relief sought 

by Mr. Dulcio in this matter. 

54. Mr. Dulcio is in doubt as to whether he, and/or FDEP, and/or Arcadis and/or 

CountlDefendants as a whole is the responsible party/parties pursuant to Section 

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376.308(2) Fla. Stat. for the new discharge or other condition of pollution covered 

by Sections 376.30 through 376.317 Fla Stat., at the LSC-Plant site. 

55. FDEP's duty to the public is to protect Florida's soil, water, and air. 

56. Arcadis's contractual duties to FDEP and by extension Mr. Dulcio is to provide 

professional services with an emphasis on the quality of care, and not to further 

contaminate the LSC-Plant site and/or groundwater. 

57. Due to CountlDefendants's breach of duty, conflict of interest, and potential 

criminal and/or civil liabilities associated with the determination of who the 

responsible party may be; it is clear that neither can be dependent upon for an 

unbiased determination. 

58. As a direct and proximate result of this controversy Mr. Dulcio's current and 

future; rights, liberties, protections, and freedom have been threatened, hindered as 

well as infringed upon. 

WHEREFORE, Plaintiff, Mr. Dulcio respectfully demands trial by jury (In 

accordance with Rules 38 & 39 under title VI of the Federal rules of Civil Procedure) for 

a declaratory judgement pursuant to 28 U.S. C. §§ 2201-2202, declaring FDEP and/or 

Arcadis and/or CountlDefendatns a whole as the responsible parties pursuant to Section 

376.3078(2) Fla. Stat., and if possible an exoneration for Mr. Dulcio or the benefits of 

limitation of liability of future action brought against the LSC-Plant site as a result of the 

new discharge or other condition of pollution, along with expert witness fees, on the 

grounds that such an award is in the public interest, and any further relief as the Court 

deems proper. 

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COUNT II 

DECLARITORY RELIEF 

28 U.S.C. § § 2201-2202 

v. (FDEP, FDEP-SED, OGC, MANAGER2 & INSPECTOR]) 

59. Mr. Dulcio reiterates and hereby incorporates the allegations contained m 

paragraphs 1 through 50 as if stated fully and further alleges as follows: 

60. This is a cause of action against FDEP, FDEP-SED, OGC, Manager2, and 

Inspectorl (hereinafter, "Count2Defendants") pursuant to the Declaratory 

Judgement Act, 28 U.S.C. §§ 2201-2202. 

61. This court has the authority and jurisdiction to order the declaratory relief sought 

by Mr. Dulcio in this matter. 

62. Mr. Dulcio is in doubt as to whether violations that were issued to him (Mr. 

Dulcio) by the FDEP-SED on July 25, 2019 by Manager2, April 16, 2021 by 

Inspectorl, and December 1, 2021 by FDEP, FDEP-SED, and OGC are with 

merit and/or accurate/true. 

63. The FDEP, FDEP-SED, OGC, and by extension its employees (Counsell, 

Manager2, and Inspectorl) have a duty to the public to protect Florida's soil, 

water, and air, and above all to obey and honor the law, along with their oath of 

office. 

64. Mr. Dulcio has made numerous attempts to resolve this matter, but have not 

received cooperation from Count2Defendants. 

65. Separate of this action Mr. Dulcio will also be filing (under seal) a Reverse False 

Claim in federal court in accordance with 31 U.S.C. § 3729(a)(l )(G) of the False 

Claims Act against FDEP-SED, Manager2, and Inspectorl for the purpose of 

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holding them criminally liable for their intentional malfeasance, misfeasance, and 

nonfeasance. 

66. As a direct and proximate result of this controversy Mr. Dulcio's current and 

future; rights, liberties, protections, and freedom have been threatened, hindered as 

well as infringed upon. 

WHEREFORE, Plaintiff, Mr. Dulcio respectfully demands trial by jury (In 

accordance with Rules 38 & 39 under title VI of the Federal rules of Civil Procedure) for 

a declaratory judgement pursuant to 28 U.S.C. §§ 2201-2202, declaring which 

violations/claims were proper/true, and which violations/claims were not proper/false 

against Count2Defendants, along with expert witness fees, on the grounds that such an 

award is in the public interest, and any further relief as the Court deems proper. 

COUNT III 

NEGLIGENCE PER SE 

(Section 556.106(2)(a) Fla. Stat.) 

v. (ARCADIS & GROUNDWATER PROTECTION) 

67. Mr. Dulcio reiterates and hereby incorporates the allegations contained m 

paragraphs 1 through 50 as if stated fully and further alleges as follows: 

68. Section 566.102 Fla. Stat. definitions pertinent to Count III; 

(3) "Damage": Any impact upon or contact with, including, without 

limitation, penetrating, striking, scraping, displacing, or denting, however 

slight, the protective coating, housing, or other protective devices of any 

underground facility, or the removal or weakening of any lateral or vertical 

support from any underground facility, or the severance, partial or 

complete, of any underground facility. 

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(6) "Excavate" or "excavation": Any manmade cut, cavity, trench, or 

depression in the earth's surface, formed by removal of earth, intended to 

change the grade or level of land, or intended to penetrate or disturb the 

surface of the earth, including land beneath the waters of the state, as 

defined in s. 373.019(22), and the term includes pipe bursting and 

directional drilling or boring from one point to another point beneath the 

surface of the earth, or other trenchless technologies. 

(10) "Member operator": Any person who furnishes or transports 

materials or services by means of an underground facility. 

(12) "Person": Any individual, firm, joint venture, partnership, 

corporation, association, municipality, or other political subdivision, 

governmental unit, department, or agency, and includes any trustee, 

receiver, assignee, or personal representative of a person. 

(16) "Underground facility": Any public or private personal property 

which is buried, placed below ground, or submerged on any member 

operator's right-of-way, easement, or permitted use which is being used or 

will be used in connection with the storage or conveyance of water; sewage; 

electronic, telephonic, or telegraphic communication; electric energy; oil; 

petroleum products; natural gas; optical signals; or other substances, and 

includes, but is not limited to, pipelines, pipes, sewers, conduits, cables, 

valves, and lines. 

69. Section 556.106 Fla. Stat. states; 

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(2)(a) If a person violates s. 556.105( 1) or (6), and subsequently, whether 

by himself or herself or through the person 's employees, contractors, 

subcontractors, or agents, performs an excavation or demolition that 

damages an underground facility of a member operator, it is rebuttably 

presumed that the person was negligent. The person, if found liable, is 

liable for the total sum of the losses to all member operators involved as 

those costs are normally computed. Any damage for loss of revenue and 

loss of use may not exceed $500,000 per affected underground facility, 

except that revenues lost by a governmental member operator whose 

revenues are used to support payments on principal and interest on bonds 

may not be Limited. 

(2)(b) If any excavator fails to discharge a duty imposed by this chapter, the 

excavator, if found liable, is liable for the total sum of the losses to all 

parties involved as those costs are normally computed. Any damage for 

loss of revenue and loss of use may not exceed $500,000 per affected 

underground facility, except that revenues lost by a governmental member 

operator whose revenues are used to support payments on principal and 

interest on bonds may not be limited. 

70. Mr. Dulcio is a "Member Operator" as described Section 556.102(10) Fla. Stat., 

and Count3Defendants are a "Person" as described in Section 556.102(12) Fla. 

Stat., lastly the septic tank at LSC-Plant site is a "Underground Facility" as 

described in Section 556.102(16) Fla. Stat. 

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71. This action arises from work performed between December 3, 2018 to January 11, 

2019 at the LSC-Plant site by defendant Arcadis & Groundwater Protection 

(hereinafter, "Count3Defendants") for the FDEP. 

72. Per the FDEP SOP-17 and Section 556.105 Fla. Stat., it was the responsibility of 

Count3Defendants to perform a utility clearance of the areas where "Modified Air 

and Gas", and monitoring wells would be developed, prior to drilling. 

73. Count3Defendants failed to discharge their duties by not performing a proper 

underground survey prior to drilling, and also by puncturing (during drilling, and 

well development) the inlet pipe (leading to the septic tank), and possibly the outlet 

pipe (leading away from the septic tank) of the on-site septic tanks (Underground 

Facility). 

74. Pursuant to Section 556.105(12)(a) Fla. Stat. the excavator must immediately 

report the contact or damage by calling 911 and file a report in the system, which 

Count3Defendant failed to do. 

75. As a direct cause of Count3Defendants negligence Mr. Dulcio was ordered (By 

the property owner) to cease all operations that utilized the onsite septic tank until 

this matter could be fully resolved. 

76. As a direct and proximate cause of the Negligence of Count3Defendants, Mr. 

Dulcio suffered damages in the form of; damages to a pre-existing injury, loss 

wages, loss profits, loss of use, and was accused by the FDEP of causing another 

discharge and had to expend additional expenses to investigate the source of a 

potential discharge. 

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WHEREFORE, Plaintiff, Mr. Dulcio respectfully demands trial by jury against 

Count3Defendants for compensatory damages, special damages, and punitive damages 

( If the court finds it proper) for a combined total within the jurisdictional limits of this 

Court, together with cost of suit, interest, and any further relief as the Court deems proper. 

COUNTIV 

ACTION FOR DAMAGES RESULTING FROM 

VIOIATION OF CHAPTER 376 Fla. Stat. 

v. (ARCADIS, GROUNDWATER PROTECTION & EARTHTECH) 

77. Mr. Dulcio reiterates and hereby incorporates the allegations contained in 

paragraphs 1 through 50 as if stated fully and further alleges as follows: 

78. This action arises from work that was performed at the LSC-Plant site between 

December 3, 2018 through January 11, 2019, and also between September 9, 2020 

through September 10, 2020 by Arcadis, Groundwater Protection, and 

EarthTech (hereinafter, "Count4Defendants"). 

79. Chapter 376, Florida Statutes, addresses the serious ground and water pollution 

problems caused by contamination of groundwater and/or soil. 

80. Chapter 376.30, Florida Statute, states; 

"That the preservation of surface and ground waters is a matter of the 

highest urgency and priority, as these waters provide the primary source 

for potable water in this state ". 

81. The Florida Legislature further recognizes that it is vital to protect Florida's land 

and water resources from such pollution, and make it a top priority to prevent and 

quickly remedy any pollution: 

Spills, discharges, and escapes of pollutants, drycleaning solvents, and 

hazardous substances that occur as a result of procedures taken by private 

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and governmental entities involving the storage, transportation, and 

disposal of such products pose threats of great danger and damage to the 

environment of the state, to the citizens of the state, and to other interests 

deriving livelihood from the state. 

82. 376.313, Fla Stat, provides for a private cause of action to recover all damages 

resulting from a discharge or other condition of pollution covered by Sections 

376.30 - 376.317, Fla Stat. 

83. Pursuant to Section 376.301 , Fla Stat, "discharge" includes; 

"spilling, leaking, seeping, pouring, misapplying, emitting, emptying, releasing, or 

dumping " any pollutant or hazardous substance which occurs and which affects 

lands and surface or ground waters. " 

84. 376.313(1) Fla. Stat. states; 

The remedies in ss. 376.30-376.317 shall be deemed to be cumulative and not 

exclusive. 

85. Investigation of the LSC-Plant site has revealed that the site was and still is a 

DNAPL site, and due to Count4Defendants negligence with the handling of the 

site, a previous discharge that was trapped in the vadose zone, was transported to 

the ground water through a process that the EPA refers to as "Short Circuiting". 

86. Due to the short circuiting, caused by the wells developed by Count4Defendants 

an old discharge of PERC, that was immobile, was able to migrate and create a 

new discharge or other condition of pollution covered by Sections 376.30 through 

376.317, Fla Stat. 

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87. As a direct cause of the discharge or other conditions of pollution set forth above, 

the groundwater below the LSC-Plant site became highly contaminated with 

pollutants. 

88. As a direct and proximate cause of Count4Defendants actions Mr. Dulcio suffered 

damages in the form of; damage to a pre-existing injury, loss wages, loss profits, 

and had to expend additional finances to investigate the source of a potentially New 

discharge. 

WHEREFORE, Plaintiff, Mr. Dulcio respectfully demands trial by jury against 

Count4Defendants for compensatory damages and punitive damages (/fthe court finds it 

proper) for a combined total within the jurisdictional limits of this Court, together with 

cost of suit, interest, and any further relief as the Court deems proper. 

COUNTV 

DEPRIVATION OF RIGHTS 

UNDER THE COLOR OF LAW 

42 U.S.C. § 1983 & 1985 (Amendment I) 

v. (INSPECTOR] & FORMERAGENTJ) 

89. Mr. Dulcio reiterates and hereby incorporates the allegations contained m 

paragraphs 1 through 50 as if stated fully and further alleges as follows: 

90. This action arises from 2 separate encounters that Mr. Dulcio experienced with the 

FDEP on April 16, 2021, and on September 1, 2021 from Inspectorl, and 

FormerAgentl (hereinafter, "Count5Defendants"). 

91. At all times material to this count "Count5Defendants" failed to pass the saucier 

test (the 2-part test needed for government employees to qualify for qualified 

immunity). 

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92. On April 16, 2021, Inspector! arrived at the LSC-Plant site to perform an 

inspection of the site. Mr. Dulcio intended to be present but was not able to due to 

a family emergency. Due to Mr. Dulcio's absence Mr. Dulcio requested that his 

employee that was onsite Monach (hereinafter "Employee!") to openly video 

record the FDEP official for the purposes of documenting the visit and 

documenting any violations, area of concern, and general 

recommendations/comments that Inspector! may make. 

93. One minute after Employee! began openly recording Inspectorl, Inspector! 

demanded that he stop recording her, Employee! explained that he was only 

recording Inspector! by request of Mr. Dulcio. 

94. Inspectorl advised Employee! that if he continues to record her, that he 

(Employee!) and Mr. Dulcio will be guilty of obstructing/hindering the inspection. 

(please see "Reference I'') 

95. On September 1, 2021 Mr. Dulcio was on a conference call with 

PropertyOwnerl, and CountSDefendants to discuss the violations issued on 

April 16, 2021 inspection, during this call Inspector! directly threaten Mr. Dulcio 

with the assistance of FormerAgentl that if Mr. Dulcio attempts to record an 

inspection again, he will be in violation of an agency policy. 

96. The First Amendment protects the right to gather information about what public 

officials do on public property, and specifically, a right to record matters of public 

interest (please see Blackston v. Alabama, 30 F.Jd 117, 120 (11th Cir.1994 ). 

' 97. CountSDefendants deprived Mr. Dulcio of his 1st Amendment right, and they also 

attempted to discourage Mr. Dulcio from exercising that right in the future. 

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98. As a direct and proximate cause of this deprivation, as described above Mr. Dulcio 

suffered damage to a pre-existing injury, emotional distress, and mental anguish. 

WHEREFORE, Plaintiff, Mr. Dulcio respectfully demands trial by jury against 

CountSDefendants for compensatory damages and punitive damages (If the court finds it 

proper) for a combined total within the jurisdictional limits of this Court, together with 

cost of suit, interest, and any further relief as the Court deems proper. 

COUNT VI 

DEFAMATION (LIBEL) PER SE 

(Section 376.302(12) Fla. Stat.) 

v. (DIRECTOR], MANAGER2 & INSPECTOR]) 

99. Mr. Dulcio reiterates and hereby incorporates the allegations contained m 

paragraphs 1 through 50 as if stated fully and further alleges as follows: 

100. The defendants relevant to this count are Director!, Manager2, and Inspectorl 

(hereinafter, "Count6Defendants"). 

101. At all times material to this count "Count6Defendants" failed to pass the saucier 

test (the 2-part test needed for government employees to qualify for qualified 

immunity). 

102. This is a Defamation claim brought under 42 U.S.C. § 1983, against 

Count6Defendants for the deprivation of rights, privileges, and immunities 

secured by the constitution and laws. 

103. On July 25, 2019, Manager2, and Inspectorl came to the LSC-Plant site to 

perform an inspection, at the end of the inspection Manager2, and Inspectorl 

issued Mr. Dulcio a series of violations that were known to be false by both parties 

at the time the violations were issued. 

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104. Mr. Dulcio was able to resolve the violations by performing some recommended 

tasks, and by reporting Manager2, to her superior Managerl. 

105. On April 16, 2021, Under the direction of Manager2, Inspectorl returned to the 

LSC-Plant site and re-issued the same violations (that were known to be false) 

from the inspection that was conducted on July 25, 2019, along with 2 additional 

violations that were meritless, and that Inspector! knew or should have known were 

false and meritless at the time that the violations were issued. 

106. On June 8, 2021, Mr. Dulcio received the official warning letter from the FDEP 

by way of Directorl outlining the same meritless violations. 

107. 376.302(12) Fla. Stat. states; 

To knowingly make any false statement, representation, or certification in 

any application, record, report, plan, or other document filed or required 

to be maintained under this chapter, or to falsify, tamper with, or knowingly 

render inaccurate any monitoring device or method required to be 

maintained under this chapter or by any permit, registration, rule, or order 

issued under this chapter. 

108. 18 U.S.C § 1519 states; 

Whoever knowingly alters, destroys, mutilates, conceals, covers up, 

falsifies, or makes a false entry in any record, document, or tangible object 

with the intent to impede, obstruct, or influence the investigation or proper 

administration of any matter within the jurisdiction of any department or 

agency of the United States or any case filed under title 11, or in relation to 

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or contemplation of any such matter or case, shall be fined under this title, 

imprisoned not more than 20 years, or both. 

109. Mr. Dulcio believes his race, personal animus (from Count6Defendants toward 

Mr. Dulcio), and the desire to classify Mr. Dulcio as a Significant Non-Complier 

(hereinafter, "SNC") in the FDEP/EPA database were the motivating factors 

behind these actions. · 

110. A SNC classification enables the FDEP to impose harsher penalties, fines, and a 

shorter timeline for the violator to return to compliance. 

111. Mr. Dulcio resolved all the meritless, and false violations that were issued against 

him by July 1, 2021, but in furtherance of the conspiracy Count6Defendants 

deliberately left Mr. Dulcio in non-compliance status for the purposes of punishing 

and initiating a criminal investigation into Mr. Dulcio. 

112. As a direct and proximate cause of the defamation Mr. Dulcio suffered irreparable 

damage and harm to his finances, mental health, emotional stability, along with 

personal, and interpersonal relationships. 

WHEREFORE, Plaintiff, Mr. Dulcio respectfully demands trial by jury against 

Count6Defendants for compensatory damages and punitive damages (If the court finds it 

proper), for a combined total within the jurisdictional limits of this Court together with 

cost of suit, interest, and any further relief as the Court deems proper, lastly Mr. Dulcio 

prays that the court will issue a criminal referral/criminal recommendation to Florida's 

attorney general in relation to the actions of Count6Defendants 

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COUNT VII 

FRAUDULANTCONCEALMENT 

v. (ARCADJS) 

113. Mr. Dulcio reiterates and hereby incorporates the allegations contained m 

paragraphs 1 through 50 as if stated fully and further alleges as follows: 

114. Arcadis (hereinafter, "Count7Defendants") being the professionally contracted 

company for engineering, design, and consultation services for the LSC-Plant site, 

had a duty to disclose their current and previous suspensions of free product. 

115. 376.302(12) Fla. Stat. states; 

To knowingly make any false statement, representation, or certification in 

any application, record, report, plan, or other document filed or required 

to be maintained under this chapter, or to falsify, tamper with, or knowingly 

render inaccurate any monitoring device or method required to be 

maintained under this chapter or by any permit, registration, rule, or order 

issued under this chapter. 

116. 18 U.S.C § 1519 states; 

Whoever knowingly alters, destroys, mutilates, conceals, covers up, 

falsifies, or makes a false entry in any record, document, or tangible object 

with the intent to impede, obstruct, or influence the investigation or proper 

administration of any matter within the jurisdiction of any department or 

agency of the United States or any case f iled under title 11, or in relation to 

or contemplation of any such matter or case, shall be fined under this title, 

imprisoned not more than 20 years, or both. 

117. 556.105 Fla. Stat. states; 

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If any contact with or damage to any pipe, cable or its protective covering, 

or any other underground facility occurs, the excavator causing the contact 

or damage shall immediately notify the member operator. If contact with or 

damage to an underground pipe or any other underground facility results 

in the escape of any natural gas or other hazardous substance or material 

regulated by the Pipeline and Hazardous Materials Safety Administration 

of the United States Department of Transportation, the excavator must 

immediately report the contact or damage by calling the 911 emergency 

telephone number. Upon receiving notice, the member operator shall send 

personnel to the location as soon as possible to effect temporary or 

permanent repair of the contact or damage. Until such time as the contact 

or damage has been repaired, the excavator shall cease excavation or 

demolition activities that may cause further damage to such underground 

facility. 

118. Arcadis had a duty to report to the FDEP that Groundwater protection made 

contract and/or damaged a pipe line at the LSC-Plant site. 

119. Arcadis breached its duty when they failed to report to the FDEP that Groundwater 

Protection made contact with and/or damaged the septic pipeline at the LSC-Plant 

site. 

120. On several occasions after the September 10, 2020 sampling event, the FDEP asked 

Count7Defendants; if it was possible for the spike in the Chemical of Concern 

(hereinafter, "COC") concentration in the groundwater and septic tank could have 

been the result of a new discharge. 

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121. Count7Defendants failed to mention their previous suspensions of free product, 

or that their subcontractor Groundwater Protection has been negligent in the past 

in regards to drilling into underground tank supply/vapor lines, causing cross 

contamination between the contents in the tank and its surrounding soil. 

122. Count7Defendants knew, or should have known of the potential presence of free 

product at the LSC-Plant site, per communications that Count7Defendants 

engaged in with FDEP, when Count7Defendants requested that excavation be 

considered prior to well development. 

123. Count7Defendants knew that Mr. Dulcio, and the FDEP were relying on 

Count7Defendants's expert opinion prior to initiating additional site assessments 

and confirmatory sampling to delineate the source of the new discharge (as well as 

the vertical and lateral extent of the new discharge) at the expense of Mr. Dulcio. 

124. Count7Defendants had a civil, professional as well as contractual duty to disclose 

to the FDEP and by extension Mr. Dulcio, the mistakes that were made, and what 

the best course of action should be. 

125. As a direct and proximate cause of Count7Defendants Fraudulent Concealment as 

described above, Mr. Dulcia sustained damages to a pre-existing injury, loss of 

wages, loss of income, loss of the enjoyment of life, damage to his personal 

reputation, damage to his business relationships, and a diminished sense of self 

value and worth. 

WHEREFORE, Plaintiff, Mr. Dulcio respectfully demands trial by jury against 

Count7Defendants for compensatory damages and punitive damages (If the court finds 

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it proper) for a combined total within the jurisdictional limits of this Court, together with 

cost of suit, interest, and any further relief as the Court deems proper. 

COUNT VIII 

CONSPIRACY TO INTERFERE 

WITH CIVIL RIGHTS 

42 U.S.C. § 1985(c) (Amendments V-XIII-XIV) 

v. (DIRECTOR2, MANAGER2, INSPECTORJ , FORMERAGENTJ & COUNSEL]) 

126. Mr. Dulcio reiterates and hereby incorporates the allegations contained m 

paragraphs 1 through 50 as if stated fully and further alleges as follows: 

127. Defendants: Director2, Manager2, Inspector!, FormerAgentl, Counsell(/nConcert liability) (hereinafter, "Count8Defendants"). 

128. At all times material to this count "Count8Defendants" failed to pass the saucier 

test (the 2-part test needed for government employees to qualify for qualified 

immunity). 

129. Count8Defendants conspired together to interfere with Mr. Dulcio's civil rights 

by way of "Abuse or threatened abuse of law or legal process " to involuntary 

servitude/slavery (Amendment XIII), and to a deprivation of Mr. Dulcia's liberties 

without due process of law (Amendments V & XIV). 

130. Definitions pertinent to this count are; 

a. Abuse or threatened abuse of law or legal process: 

22 U.S. C. § 7102(1) the use or threatened use of a law or legal process, 

whether administrative, civil, or criminal, in any manner or for any purpose 

for which the law was not designed, in order to exert pressure on another 

person to cause that person to take some action or refrain from taking some 

action. 

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b. Involuntary Servitude: 

22 U.S. C. § 7102(8) a condition of servitude induced by means of; 

1. any scheme, plan, or pattern intended to cause a person to believe 

that, if the person did not enter into or continue in such condition, 

that person or another person would suffer serious harm or physical 

restraint. 

2. the abuse or threatened abuse of the legal process. 

c. Liberty: 

The power to think and act as one sees fit without restraint except by the 

laws of nature and interfering with someone else's rights. 

131. Laws, and Amendments pertinent to this count are; 

d. 5th Amendment of the United States Constitution; 

No person shall be held to answer for a capital, or otherwise infamous 

crime, unless on a presentment or indictment of a Grand Jury, except in 

cases arising in the land or naval forces, or in the Militia, when in actual 

service in time of War or public danger; nor shall any person be subject for 

the same offence to be twice put in jeopardy of life or limb; nor shall be 

compelled in any criminal case to be a witness against himself, nor be 

deprived of life, liberty, or property, without due process of law; nor shall 

private property be taken for public use, without just compensation. 

e. 13th Amendment of the United States Constitution; 

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"Neither slavery nor involuntary servitude, except as a punishment for 

crime whereof the party shall have been duly convicted, shall exist within 

the United States, or any place subj ect to their jurisdiction. " 

f. 14th Amendment (Section 1) of the United States Constitution; 

All persons born or naturalized in the United States, and subject to the 

jurisdiction thereof, are citizens of the United States and of the state wherein 

they reside. No state shall make or enforce any law which shall abridge the 

privileges or immunities of citizens of the United States; nor shall any state 

deprive any person of life, liberty, or property, without due process of law; 

nor deny to any person within its jurisdiction the equal protection of the 

laws. 

g. 18 u.s.c. 241 ; 

If two or more persons conspire to injure, oppress, threaten, or intimidate 

any person in any State, Territory, Commonwealth, Possession, or District 

in the free exercise or enjoyment of any right or privilege secured to him by 

the Constitution or laws of the United States, or because of his having so 

exercised the same; 

h. 18 U.S.C. 242; 

Whoever, under color of any law, statute, ordinance, regulation, or custom, 

willfully subjects any person in any State, Territory, Commonwealth, 

Possession, or District to the deprivation of any rights, privileges, or 

immunities secured or protected by the Constitution or laws of the United 

States, or to different punishments, pains, or penalties, on account of such 

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person being an alien, or by reason of his color, or race, than are prescribed 

for the punishment of citizens, shall be fined under this title or imprisoned 

not more than one year, or both; .... 

132. By way of extortion/blackmail, and coercion, Count8Defendants conspired to 

compel Mr. Dulcio to perform a series of task that he (Mr. Dulcio) was not legally 

obligated nor responsible to perform. 

133. The main task Count8Defendants conspired to have Mr. Dulcio to perform was a 

site assessment (hereinafter, "Confirmatory Sampling"), that Mr. Dulcio 

declined to perform, due to Florida Statutes Chapter 376.3078; (le), (ld), (2b), 

(2b 1 ), (2b2), (2b3), making the entire investigation portion of the site 

assessment/re-assessment a discretionary action for Mr. Dulcio, and a nondiscretionary action for the FDEP to perform. 

134. Florida Statutes Chapter 376.3078(13b) gives the FDEP the authority to diligently 

pursue reimbursement of all costs incurred, including the cost of investigation 

(site assessment/re-assessment) after the fact, not before the fact. 

135. On April 16, 2021, the FDEP issued Mr. Dulcio 3 violations that were meritless 

and false. 

136. On May 22, 2021, (as mentioned in the factual allegations section) Truist bank 

informed URI that it will not be able to utilize the property as collateral due to the 

LSC-Pant site being in a non-compliance status. 

137. This information made PropertyOwnerl very upset with Mr. Dulcio, 

PropertyOwnerl demanded that Mr. Dulcio resolve these violations immediately. 

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138. Prior to July 1, 2021, Mr. Dulcio resolved the violations and pleaded with the 

FDEP to place LSC-Plant site back into compliance, the FDEP declined, stating 

that; They (FDEP) believe there exist another violation (separate of what was in 

the FDEP warning letter). 

139. Due to the perpetual state of non-compliance that the FDEP imposed on Mr. 

Dulcio, Mr. Dulcio's personal, and business relationship with PropertyOwnerl 

became very damaged and estranged. 

140. July 18, 2021 , PropertyOwnerl demanded that Mr. Dulcio return the keys for the 

LSC-Plant site, due to a clause within the lease agreement that required Mr. Dulcio 

to be in compliance with all federal, state, and local laws. Mr. Dulcio begged 

PropertyOwnerl to allow him to sell the business instead, due to Mr. Dulcio 

expecting the birth of his last child in August. 

141. PropertyOwnerl agreed and advised Mr. Dulcio, that he had until November 1, 

2021, to sell the business. 

142. Mr. Dulcio Marketed the business and found several prospective buyers. 

143. Mr. Dulcio informed the FDEP of his desire to sell the business, and that he (Mr. 

Dulcio) understood that selling the business would not transfer the responsibility 

of resolving any previous violations. 

144. On September 1, 2021 (Through a Conference Call), FormerAgentl, and 

Inspector! propositioned Mr. Dulcio that if he performed the Confirmatory 

Sampling that the FDEP would place him back into compliance status, Mr. Dulcio 

declined stating that; it was not Mr. Dulcio's responsibility to perform the 

Confirmatory Sampling. 

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145. On September 8, 2021 (through email), Inspectorl re-requested that I (Mr. Dulcio) 

perform the confirmatory sampling. 

146. On October 11 , 2021 (through email), Manager2 requested that I (Mr. Dulcio) 

perform the confirmatory sampling if not than my eligibility in the DSCP would 

be in jeopardy. 

147. On October 12, 2021 (through email), Mr. Dulcio informed the FDEP through 

Manager2 that he (Mr. Dulcio) could not afford to perform the Confirmatory 

Sampling, and then requested to know what law, statute, or ordinance is requiring 

Mr. Dulcio to perform them. 

148. On October 19, 2021 (through email), Manager2 advised Mr. Dulcio that he was 

legally obligated to perform the Confirmatory Sampling, and sited two Florida 

Administrative Code Rules (62-730.225, 62-780.600), neither of the administrative 

codes supported Manager2's assertions, within the same aforementioned email 

Manager2 threated Mr. Dulcio by stating that if Mr. Dulcio does not perform the 

Confirmatory Sampling that the FDEP will move forward with the support of 

their Office of General Counsel to initiate an Administrative proceeding. 

149. On October 20, 2021 (through email), Manager2 advised Mr. Dulcio that if he 

was not going to perform the Confirmatory Sampling, that the FDEP will issue a 

formal Notice of Violation (step 1 in the administrative process). 

150. On October 25, 2021 (through email), Director2 made the same request for Mr. 

Dulcio to perform the Confirmatory Sampling. 

151. On June 27, 2022 (through email), Counsell made the same request to Mr. Dulcio 

to perform the confirmatory sampling. When I (Mr. Dulcio) explicitly requested 

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from Counsell the law, statute, or ordinance that requires this of me, I received a 

response to other elements within my email, but not a response to that question. 

152. As a direct and proximate cause of this conspiracy, I (Mr. Dulcio) suffered mental 

& emotional anguish, financial hardships, damage to a pre-existing injury, damage 

to reputation, loss of business, loss of business relationships, loss of profits, loss of 

income, loss of enjoyment of life, and a diminished sense of self value & worth. 

WHEREFORE, Plaintiff, Mr. Dulcio respectfully demands trial by jury against 

Count8Defendants for compensatory damages and punitive damages ( If the court finds it 

proper) for a combined total within the jurisdictional limits of this Court, together with 

cost of suit, interest, and any further relief as the Court deems proper. 

COUNT VIV 

ACTION FOR NEGLECT TO PREVENT 

42 U.S.C. § 1986 (COUNTS V-VI -VIII & X OF THIS COMPLAINT) 

v. (MANAGER], SECRETARY], COUNSEL], COUNSEL2, PROGRAMPGJ) 

(PROGRAMDIRECTORJ , CONTRACTMANAGERJ & FDEP-SECRETARY) 

153. Mr. Dulcio reiterates and hereby incorporates the allegations contained m 

paragraphs 1 through 50 as if stated fully and further alleges as follows: 

154. The defendants relevant to this count are Managerl, Secretaryl, Counsell, 

Counse12, ProgramPGl, ProgramDirectorl, ContractorManagerl, and 

FDEP-Secretary (hereinafter, "Count9Defendants"). 

155. At all times material to this count "Count9Defendants" failed to pass the saucier 

test (the 2-part test needed for government employees to qualify for qualified 

immunity). 

156. Laws and Amendments pertinent to this count; 

i. 42 u.s.c. § 1986: 

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Every person who, having knowledge that any of the wrongs conspired to 

be done, and mentioned in section 1985 of this title, are about to be 

committed, and having power to prevent or aid in preventing the 

commission of the same, neglects or refuses so to do, if such wrongful act 

be committed, shall be liable to the party injured, or his legal 

representatives, for all damages caused by such wrongful act, which such 

person by reasonable diligence could have prevented; and such damages 

may be recovered in an action on the case; and any number of persons 

guilty of such wrongful neglect or refusal may be joined as defendants in 

the action; ... 

157. This action has been commenced within a year from when the cause of action 

accrued. 

158. On June 28, 2022, Mr. Dulcio composed an email (hereinafter, "EmailChain") 

to Count9Defendants within this email Mr. Dulcio communicated his 

frustrations with the way he has been treated by the FDEP and for the purposes of 

transparency, and continuity Mr. Dulcio included 2 additional participants 

(Secretaryl, and Counsel2), in hopes that these individuals would intervene and 

assist in ending the undeserved punishment that Mr. Dulcio was being subjected 

to, but unfortunately for Mr. Dulcia these individuals would do nothing toward 

ending Mr. Dulcio agony. 

159. On July 5, 2022, Mr. Dulcio replied to the EmailChain with an email that 

outlined in much detail all the technical errors that the FDEP had within their 

understanding of hazardous waste and the mistakes that were made in site 

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characterization for the LSC-Plant site. In hopes of finally bringing this matter to 

a close. 

160. On Oct 1, 2022, Mr. Dulcio replied to the EmailChain which encompassed all 

defendants, venting his frustration and disappointment with the EPA, and FDEP 

and their lack of care for the environment, and above all Mr. Dulcio, and pleaded 

for some assistance in understanding why the departure from standard protocol 

and procedures, at the end of Mr. Dulcio's email response he (Mr. Dulcio) 

included as a new participant Michael S. Regan (Current EPA Administrator). 

161. Mr. Dulcio was very deliberate on two separate occasions to communicate to all 

recipients via the EmailChain that he (Mr. Dulcio) has a learning disability and 

would greatly appreciate some additional assistance toward understanding why 

this process was taking place, but no one would acknowledge Mr. Dulcio plight. 

162. But despite Mr. Dulcio's cries and subsequent pleas for help no one would come 

to Mr. Dulcio's aid or rescue from the tyranny of the FDEP. 

163. As a direct and proximate cause of this Neglect to Prevent Mr. Dulcio suffered 

financial, mental, and emotional hardships. 

WHEREFORE, Plaintiff, Mr. Dulcio respectfully demands trial by jury against 

Count9Defendants for compensatory damages and punitive damages ( If the court finds 

it proper) for a combined total within the jurisdictional limits of this Court, together with 

cost of suit, interest, and any further relief as the Court deems proper. 

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COUNTX 

DEPRIVATION OF RIGHTS 

UNDER THE COLOR OF LAW 

42 U.S.C § 1983 (Amendments XIII, XIV) 

v. (DIRECTOR I, DIRECTOR2, MANAGER2, INSPECTOR] & COUNSEL]) 

164. Mr. Dulcio reiterates and hereby incorporates the allegations contained m 

paragraphs 1 through 50 as if stated fully and further alleges as follows: 

165. The defendants relevant to this count are: Directorl, Director2, Manager2, 

Inspectorl, and Counsell (hereinafter, "Countl0Defendants") 

166. At all times material to this count "Countl0Defendants" failed to pass the saucier 

test (the 2-part test needed for government employees to qualify for qualified 

immunity). 

167. Laws and Amendments pertinent to this count are; 

j. 8th Amendment of the United States Constitution; 

Excessive bail shall not be required, nor excessive fines imposed, nor cruel 

and unusual punishments inflicted. 

k. 14th Amendment of the United States Constitution; 

No State shall make or enforce any law which shall abridge the privileges 

or immunities of citizens of the United States; nor shall any State deprive 

any person of life, liberty, or property, without due process of law; nor deny 

to any person within its jurisdiction the equal protection of the laws. 

I. Florida Statutes Chapter 376.3078(3)(a); 

In accordance with the eligibility provisions of this section, a real 

property owner, nearby real property owner, or person who owns or 

operates, or who otherwise could be liable as a result of the operation of, 

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a drycleaning facility or a wholesale supply facility is not liable for or 

subject to administrative or judicial action brought by or on behalf of any 

state or local government or agency thereof or by or on behalf of any 

person to compel rehabilitation or pay for the costs of rehabilitation of 

environmental contamination resulting from the discharge of drycleaning 

solvents. 

168. Mr. Dulcio was subjected to excessive fines imposed when the defendant(s); 

a. Issued Mr. Dulcio a Notice of Violation with a 5 count Administrative Penalty 

Assessment (hereinafter, "APA") totaling the amount of $81,460.00. 

1. Count I of APA: 403.727(3)(a), Fla. Stat., of $4,250.00 for failure to 

allow site access for inspection. 

11. Count II of APA: 403.727(3)(a), Fla Stat., of $710.00 for failure to 

keep records on-site and readily available for inspection to the 

Department. 

u1. Count III of APA: 403.727(3)(a), Fla. Stat., of $500.00 for failure to 

provide secondary containment for waste-containing solvents at a 

drycleaning facility. 

1v. Count IV of APA: 403.727(3)(a), Fla. Stat., of $37,500.00 for failure 

to comply with any departmental standard for discharges of pollutants. 

v. Count V of APA: 403.727(3)(a), Fla. Stat., of $37,500.00 for failure to 

properly treat or dispose of hazardous waste. 

169. Mr. Dulcio was subjected to cruel and unusual punishment when the defendant(s); 

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1. Deliberately violated Mr. Dulcio for things that were "Areas of Concerns" 

and not violations (Manager2, & Inspector I). 

2. Deliberately kept Mr. Dulcio in non-compliance status for the purposes 

of classifying/re-classifying him (Mr. Dulcio) as a significant noncomplier (Director], Director2, Manager2, Inspector]). 

3. Initiating a criminal investigation into Mr. Dulcio without first 

performing a proper investigation (Director]). 

4. Initiating an Administrative procedure against Mr. Dulcio despite Mr. 

Dulcio having liability protection as a result of being in the Drycleaner 

Solvent CleanUp Program (Director] & Counsell). 

5. "Torturous Interference with a Business Relationship" by deliberately 

involving FHRI into an unlawful Administrative Proceeding. 

170. For purposes of context: 

a. Piney Point Phosphate Processing Facility dumped 215 million gallons of 

waste (pollution contaminated water) into Port Manatee and Tampa Bay in 

March 2021 . 

b. Within that same year (2021) the morality rate of Florida's prec10us 

manatee rose to a staggering 1,101 manatee deaths which is 1.7 times the 

usual five-year average. 

c. The Florida manatees are protected by the Florida Manatee Sanctuary Act 

(§379.2431(2), Florida Statutes) and are federally protected by both the 

Marine Mammal Protection Act and the Endangered Species Act. 

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d. On August 8, 2021, the FDEP commenced a civil suit against HRK 

Holdings, LLC (hereinafter, "HRK") (the owner(s) of Piney Point 

Phosphate Processing Facility). 

e. Within the FDEP's complaint, the FDEP alleges numerous acts, and 

omissions by HRK which contributed to and/or exacerbated the 

contamination at the faci lity including unpermitted discharges. 

f. And in response to the aforementioned complaint/conduct the FDEP (per 

the cover sheet of the filed complaint) estimates the "amount of claim" to 

be between $30,001-$50,000. 

171. On February 10, 2022, CountlODefendants subjected Mr. Dulcio to an unlawful 

administrative proceeding by way of the issuance of a "Notice of Violation, 

Orders for Corrective Action and Administrative Penalty Assessment" served on 

Mr. Dulcio (via Certified Mail Number: 917199999170309095 8663), where 

Mr. Dulcio was assessed (based on a suspicion) an administrative penalty in the 

amount of $81,460.00. 

172. Mr. Dulcio alleges that CountlODefendants violated his 8th amendment rights by 

subjecting him to "cruel and unusual punishment " when they initiated an 

administrative proceeding against Mr. Dulcio, and in furtherance of the "cruel and 

unusual punishment " CountlODefendants "impose excessive fines" on Mr. 

Dulcio. 

173. As a direct and proximate cause of CountlODefendants actions Mr. Dulcio 

suffered damage to a pre-existing injury, severe financial hardship, mental and 

emotional anguish, and a loss of trust in the United States government. 

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WHEREFORE, Plaintiff, Mr. Dulcio respectfully demands trial by jury against 

Countl0Defendants for compensatory damages and punitive damages (If the court finds 

it proper) for a combined total within the jurisdictional limits of this Court, together with 

cost of suit, interest, and any further relief as the Court deems proper. 

COUNT XI 

FLORIDA RICO ACT 

Section 895.05(6) Fla. Stat. 

v. (Count4Defendants & Countl0Defendants) 

174. Mr. Dulcio reiterates and hereby incorporates the allegations contained m 

paragraphs 1 through 50 as if stated fully and further alleges as follows: 

175. This is a cause of action brought under § 895.05(6) Fla. Stat. with the assistance of 

28 U.S. C. § 1367 .. 

The definitions and statutes pertinent to this count 

176. Enterprise: Section 895.02(5) Fla. Stat. Any individual, sole proprietorship, 

partnership, corporation, business trust, union chartered under the laws of this state, 

or other legal entity, or any unchartered union, association, or group of individuals 

associated in fact although not a legal entity; and it includes illicit as well as licit 

enterprises and governmental, as well as other, entities. A criminal gang, as defined 

in s. 874.03, constitutes an enterprise. 

177. Pattern of racketeering activity: Section 895.02(7) Fla. Stat. Engaging in at least 

two incidents of racketeering conduct that have the same or similar intents, results, 

accomplices, victims, or methods of commission or that otherwise are interrelated 

by distinguishing characteristics and are not isolated incidents, provided at least 

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one of such incidents occurred after October 1, 1977, and that the last of such 

incidents occurred within 5 years after a prior incident of racketeering conduct. 

178. Racketeering activity:§ 895.02(8) Fla. Stat. To commit, to attempt to commit, to 

conspire to commit, or to solicit, coerce, or intimidate another person to commit: 

(a) Any crime that is chargeable by petition, indictment, or information under the 

following provisions of the Florida Statutes: (4) § 403.727(3)(b), relating to 

environmental control, (41) § 836.05, relating to extortion, (42) Chapter 837, 

relating to perjury, and (43) Chapter 838, relating to bribery and misuse of public 

office, (51)(b) Any conduct defined as "racketeering activity" under 18 U.S.C. § 

1961(1 ). 

179. § 403.727(3)(b ): Any person who knowingly or by exhibiting reckless indifference 

or gross careless disregard for human health: 

1. Transports or causes to be transported any hazardous waste, as defined in s. 

403.703, to a facility which does not have a permit when such a permit is 

required under s. 403. 707 ors. 403. 722; 

2. Disposes of, treats, or stores hazardous waste: 

1. At any place but a hazardous waste facility which has a current and valid 

permit pursuant to s. 403. 722; 

11. In knowing violation of any material condition or requirement of such 

permit if such violation has a substantial likelihood of endangering human 

health, animal or plant life, or property; or 

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111. In knowing violation of any material condition or requirement of any 

applicable rule or standard if such violation has a substantial likelihood of 

endangering human health, animal or plant life, or property; 

3. Makes any false statement or representation or knowingly omits material 

information in any hazardous waste application, label, manifest, record, report, 

permit, or other document required by this act; 

4. Generates, stores, treats, transports, disposes of, or otherwise handles any 

hazardous waste and who knowingly destroys, alters, conceals, or fails to file 

any record, application, manifest, report, or other document required to be 

maintained or filed for purposes of compliance with this act; or 

5. Transports without a manifest, or causes to be transported without a manifest, 

any hazardous waste required by rules adopted by the department to be 

accompanied by a manifest is, upon conviction, guilty of a felony of the third 

degree, punishable for the first such conviction by a fine of not more than 

$50,000 for each day of violation or imprisonment not to exceed 5 years, or 

both, and for any subsequent conviction by a fine of not more than $100,000 

per day of violation or imprisonment of not more than 10 years, or both. 

180. § 836.05: Threats and/or extortion Whoever, either verbally or by a written or 

printed communication, maliciously threatens to accuse another of any crime or 

offense, or by such communication maliciously threatens an injury to the person, 

property or reputation of another, or maliciously threatens to expose another to 

disgrace, or to expose any secret affecting another, or to impute any deformity or 

lack of chastity to another, with intent thereby to extort money or any pecuniary 

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advantage whatsoever, or with intent to compel the person so threatened, or any 

other person, to do any act or refrain from doing any act against his or her will, shall 

be guilty of a felony of the second degree, punishable as provided ins. 775.082, s. 

775.083, ors. 775.084. 

181. Maliciously: Mean to wrongfully, intentionally, without legal justification or 

excuse, and with the knowledge that injury or damage may be caused to another 

person or the property of another person. 

182. Chapter 837.06: "False official statements" Whoever knowingly makes a false 

statement in writing with the intent to mislead a public servant in the performance 

of his or her official duty shall be guilty of a misdemeanor of the second degree, 

punishable as provided ins. 775.082 ors. 775.083. 

183. Chapter 838.022: 

1. It is unlawful for a public servant or public contractor, to knowingly and 

intentionally obtain a benefit for any person or to cause unlawful harm to 

another, by: 

a. Falsifying, or causmg another person to falsify, any official record or 

official document; 

b. Concealing, covering up, destroying, mutilating, or altering any official 

record or official document, except as authorized by law or contract, or 

causing another person to perform such an act; or 

c. Obstructing, delaying, or preventing the communication of information 

relating to the commission of a felony that directly involves or affects the 

government entity served by the public servant or public contractor. 

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2. (b) For the purpose of Chapter 838, An "Official record or official document" 

includes only public records. 

184. 18 U.S.C. § 1961(1): "racketeering activity" means (A) any act or threat involving 

murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in 

obscene matter, or dealing in a controlled substance or listed chemical (as defined 

in section 102 of the Controlled Substances Act), which is chargeable under State 

law and punishable by imprisonment for more than one year; 

185. Mr. Dulcio incorporates by reference paragraphs; 

a. "68 to 76" of Count "3" ( of this complaint) 

b. "76 to 88" of Count "4" (of this complaint) 

c. " 100 to 112" of Count "6" ( of this complaint) 

d. "127 to 152" of Count "8" (of this complaint) 

e. "165 to 173" of Count "10" (of this complaint) 

186. The defendants relevant to this count are: Count4Defendants (Arcadis, 

Groundwater Protection, and EarthTech), and CountlODefendants (Director], 

Director2, Manager2, Inspector 1 & Counsell) (Collectively hereinafter, 

"CriminalEnterprise"). 

187. At all times material to this count the CriminalEnterprise satisfied the definition 

of an Enterprise pursuant to Section 895.02(5) Fla. Stat .. and their collective 

actions satisfied the definition of Racketeering Activity pursuant to§ 895.02(8) 

Fla. Stat. and Pattern of Racketeering Activity pursuant to Section 895.02(7) 

Fla. Stat. 

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188. As a direct and proximate cause of the act(s) and/or action(s) and/or omission(s) 

of the CriminalEnterprise, Mr. Dulcio suffer irreparable harm to his finances, 

business relationships, interpersonal relationships, as well as damage to a preexisting injury. 

WHEREFORE, Plaintiff, Mr. Dulcio respectfully demands trial by jury against 

CriminalEnterprise for the granting of injunctive relief against Count4Defendants for 

the suspension and/or revocation of ALL; licenses, permits, and/or prior approval granted 

to Count4Defendants by any agency of the state of Florida (pursuant to 895.05( I)( d) Fla. 

Stat.), and for the forfeiture of their "Corporate Charter" organized under Florida law, or 

the revocation of a certificate authorizing a foreign corporation to conduct business within 

the state of Florida, upon finding that the board of directors or a managerial agent acting 

on behalf of the corporation, in conducting the affairs of the corporation, has authorized or 

engaged in conduct in violation of§ 895.03 and that, for the prevention of future criminal 

activity, the public interest requires the charter of the corporation forfeited and the 

corporation dissolved or the certificate revoked (pursuant to 895.05(1 )( e) Fla. Stat.), in 

continuance of the injunctive relief Mr. Dulcio also request a civil forfeiture of All property 

(real and/or personal) including money, used in the course of, intended for use in the course 

of, derived from, or realized through conduct in violation of§§ 895.01-895.05 (pursuant 

to 895.05(2)( a) Fla. Stat.). also a criminal referral against CriminalEnterprise to the 

Federal Bureau oflnvestigation ("FBI") "Criminal" division, and a referral to the "Forensic 

Accounting" division of the FBI for an audit of all FDEP cases involving 

CriminalEnterprise, due to the brazen nature of CriminalEnterprise actions Mr. Dulcio 

strongly suspects he is not the only victim. Lastly Mr. Dulcia seeks nominal damages (If 

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the court finds it proper), special damages together with cost of suit, interest, and any 

further relief as the Court deems proper. 

COUNT XII 

ACTION FOR TREBLE DAMAGES 

RESULTING FROM VIOLATIONS OF 18 U.S.C. § 1962 

18 U.S.C. § 1964(c) 

v. (Count4Defendants) 

189. Mr. Dulcio reiterates and hereby incorporates the allegations contained in 

paragraphs 1 through 50, 78 through 88, and 17 5 through 188 as if stated fully and 

further alleges as follows: 

190. The defendants pertinent to this count are Count4Defendants (hereinafter, 

"Count12Defendants") 

191. This is an action for treble damages in accordance with 18 U.S.C. § 1964. 

192. 18 U.S.C. § 1964(c) states; 

Any person injured in his business or property by reason of a violation of 

section 1962 of this chapter may sue therefor in any appropriate United States 

district court and shall recover threefold the damages he sustains and the cost 

of the suit, including a reasonable attorney's fee, 

193. 18 U.S.C. § 1962(a) states; 

It shall be unlawful for any person who has received any income derived, 

directly or indirectly, from a pattern of racketeering activity .... 

194. 18 U.S.C. § 1962(d) states; 

It shall be unlawful for any person to conspire to violate any of the provisions 

of subsection (a), (b), or (c) of this section. 

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195. As a direct and proximate cause of the violations outlined in Count 11 of this 

complaint, Count4Defendants are in violation of both 18 U.S.C.; § 1962(c) & § 1962(d). 

196. And as a direct and proximate cause of the violations mentions in paragraph 195, 

Mr. Dulcio suffered injury to his business and property. 

WHEREFORE Mr. Dulcia respectfully demands trial by jury against 

Count12Defendants for treble damages, and punitive damages (If the court finds it proper) 

plus the cost of suit, interest, and legal costs for a combined limit within this courts judicial 

limits. 

COUNT XIII 

ACTION FOR CORRECTIVE ACTION, AND 

ADMINISTRATIVE PENALTY ASSESSMENT 

33 u.s.c. § 132J(g) 

v. (EPA & FDEP) 

197. Mr. Dulcio reiterates and hereby incorporates the allegations contained m 

paragraphs 1 through 50 as if stated fully and further alleges as follows: 

198. The defendants relevant to this count are: EPA, and FDEP (hereinafter, 

"Count13Defendants") 

199. FDEP is respondeat superior for Arcadis. 

200. Mr. Dulcio is authorized to bring this action by-way of 33 U.S.C. § 1365(a), in 

response to the FDEP causing a violation of an "effluent standard or limitation", 

201. 33 U.S.C. § 1321 definitions pertinent to Count XIII; 

a. (a)(2) "Discharge" includes, but is not limited to, any spilling, leaking, 

pumping, pouring, emitting, emptying or dumping. 

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b. (a)(7) "Person" includes an individual, firm, corporation, association, and a 

partnership. 

c. (a)(l 0) "Onshore Facility" means any facility (including, but not limited to, 

motor vehicles and rolling stock) of any kind located in, on, or under, any land 

within the United States other than submerged land. 

d. (a)(l4) "Hazardous Substance" means elements and compounds which, when 

discharged in any quantity into or upon the navigable "Waters of the United 

States" or adjoining shorelines or the waters of the contiguous zone or in 

connection with activities under the Outer Continental Shelf Lands Act [43 

U.S.C. 1331 et seq.] or the Deepwater Port Act of 1974 [33 U.S.C. 1501 et seq.], 

or which may affect natural resources belonging to, appertaining to, or under 

the exclusive management authority of the United States (including resources 

under the Magnuson-Stevens Fishery Conservation and Management Act [ 16 

U.S.C. 1801 et seq.]), present an imminent and substantial danger to the public 

health or welfare, including, but not limited to, fish, shellfish, wildlife, 

shorelines, and beaches 

202. Per the EPA's website groundwater is often hydrologically connected to navigable 

waters ... 

203. . .. therefore, groundwater has the potential to migrate and contaminate navigable 

waters. 

204. Mr. Dulcio has complied with all the prerequisites of this citizens suit m 

accordance with 33 U.S.C. § 1365 (bl) & (b2) 

205. To date the EPA nor the State nor the FDEP has commenced or is diligently 

prosecuting a civil and/or criminal action in a court of the United States, or a state 

to require compliance with the standard. 

206. The LSC-Plant site is a DNAPL site located above a sole source aquifer (Biscayne 

Aquifer). 

207. Due to the site being a DNAPL site there was a level of care and caution that should 

have been exercised in the remediation of the site that was not utilized and/or 

satisfied by both Arcadis and the FDEP. 

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208. Between December 3, 2018 through January 11, 2019 Arcadis constructed 5 wells 

at the LSC-Plant site. 

209. On September 9, 2020, Arcadis returned and constructed 3 additional wells, and 

abandoned 1 well, for a total of 8 wells constructed, with only 7 wells active. 

210. All wells due to where and how they were developed/constructed constitutes 8 

violations of 33 U.S.C. § 1321 paragraph (3). 

211. Due to the catastrophic harm to the environment these violations warrant the 

assessment of a class II penalty under subparagraph(A) which may not exceed 

$10,000 per day per violation, but due to the gross negligence involved the 

$125,000 cap should not apply. 

212. The number of days from the development/construction of the first 5 wells (January 

11, 2019) until today equal 1,438 days, when multiplied by the number of wells 

(1,438 x 5) equal 7,190, when multiplied by the $10,000 per day civil penalty under 

subsection (a) equal $71,900,000. 

213. The number of days from the development/construction of the last 3 wells 

(September 10, 2020) until today equal 830 days, when multiplied by the number 

of wells (830 x 3) equal 2,490, when multiplied by the $10,000 per day civil penalty 

under subsection (a) equal $24,900,000. 

214. Based on the law, and the circumstances Mr. Dulcio seeks for the EPA to properly 

assess the FDEP fines and penalties in the amount of $96 million dollars to be paid 

to the United States government. 

215. As a direct and proximate cause of the gross negligence of the FDEP a condition 

that is the equivalent of a discharge/new discharge was achieved. 

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216. Causing the navigable waters of the United States to become highly contaminated 

with copious amounts of hazardous waste/substances. 

217. 33 U.S.C. § 1321(g) states; 

" [I]n any other case the liability of such third party shall not exceed the 

limitation which would have been applicable to the owner or operator of the 

vessel or the onshore or offshore facility from which the discharge actually 

occurred if such owner or operator were liable." 

218. 33 U.S.C. § 1321(0(2)(c); 

For the removal of such oil or substance by the United States Government in 

an amount not to exceed $50,000,000, except that where the United States 

can show that such discharge was the result of willful negligence or willful 

misconduct within the privity and knowledge of the owner, such owner or 

operator shall be liable to the United States Government for the full amount 

of such costs. The United States may bring an action against the owner or 

operator of such facility in any court of competent jurisdiction to recover such 

costs. 

219. The FDEP's action(s) and/or inaction(s) and/or ornission(s) were the direct and 

proximate cause of the spike in Perchloroethylene, Trichloroethylene, 1,2-

Dichloroethene, and Vinyl Chloride. 

220. For the purposes of providing context; 

The class action Camp Lejeune lawsuit that has garnered a lot of attention in the 

media within the last year stems from a dry cleaners named "ABC Cleaners" 

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(hereinafter, "ABC"), which was located up-gradient/up-stream of the actual 

Marine Corps Base Camp Lejeune, Military Base (hereinafter, "Camp Lejeune"). 

The pnmary chemicals released by ABC were Perchloroethylene, 

Trichloroethylene, 1,2-Dichloroethene, and Vinyl Chloride. 

The health issues associated with people who drank from the waters of camp 

Lejeune are, but are not limited to; 

1. Infertility in Woman 

2. Breast Cancer 

3. Cervical Cancer 

4. Kidney Cancer 

5. Liver Cancer 

6. Bladder Cancer 

7. Lung Cancer 

8. Renal Toxicity 

221. The chemicals of concern at Camp Lejeune peaked at; 

215 μg/L for Perchloroethylene (PERC or PCE) 

1,400 μg /L for Trichloroethylene (TCE) 

435 μg /L for 1,2-Dichloroethene (1,2-DCE) 

67 μg /L for Vinyl Chloride (VC) 

222. Florida's "effluent standard or limitations" are: 

3 μg/L for PCE 

3 μg/L for TCE 

70 μg/L for 1,2-DCE, 

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1 μg/L for VC 

223. The chemicals of concern at the LSC-Plant site peaked at; 

72,000 μg/1 for Perchloroethylene (PERC or PCE) FDEP-MW003 

3,600 μg /1 for Trichloroethylene (TCE) AOTC-MW007 

10,000 μg /1 for 1,2-Dichloroethene (1,2-DCE) AOTC-MW007 

2,100 μg /1 for Vinyl Chloride (VC) AOTC-MW007 

224. Due to the actions of the FDEP there currently exist a condition in Florida's 

waterways that is exponentially worst than what was present at Camp Lejeune when 

contamination there was at it's peak. 

225. Mr. Dulcio has made numerous attempts to communicate with the EPA, and the 

FDEP to promptly resolve this matter that is of great urgency, for the purposes of 

protecting the environment and the public's health but have been met with variating 

degrees of stonewalling, lies, obfuscation, accusations of being the culprit (cause 

of the discharge (the responsible party)), and threats of civil and criminal 

prosecution while at the same time having his (Mr. Dulcio's) Civil Rights violated. 

226. Mr. Dulcio has committed no crimes, or violations but has been treated in a manner 

that isn't deserving of a human being. Despite the mistreatment Mr. Dulcio 

endured, he (Mr. Dulcio) continued to cooperate with every lawful request made 

by the FDEP, even months after the FDEP ran Mr. Dulcio's businesses into the 

ground. 

227. For the "Protection of the United States Interest" and in accordance with 33 

U.S. C. § 1365( c )( 3 ), I Marc M. Dulcia will serve a copy of this complaint to the 

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Attorney General of the United States (Merrick B. Garland ) and the EPA 

Administrator (Michael S. Regan). 

228. Mr. Dulcio has exhausted all administrative options, and prays, that this prayer for 

relief can bring some awareness and change. 

WHEREFORE, Plaintiff, Mr. Dulcio respectfully demands trial by jury against 

Count13Defendants for nominal damages ( If the court finds it proper), injunctive relief 

against the FDEP for the immediate remediation of the LSC-Plant site, and improved 

policies and procedures for identifying free product (both DNAPL, and LNAPL) for the 

benefit of the public health, injunctive relief against the EPA to properly assess and then 

fine the FDEP; the full amount of cost to restore the environment, civil penalties, and 

administrative penalties, and a temporary block on all memorandum of understanding 

and/or memorandum of agreements between the EPA and the FDEP until a comprehensive 

training can take place. Lastly if the court finds it proper to award Mr. Dulcio expert 

witness fees, cost of suit, and any further relief as the Court deems proper. 

SUMMARY OF 

DAMAGES/LOSSES SUFFERED 

229. As a direct and proximate result of the act(s) and/or omission(s) and/or 

indifference(s) of ALL Defendants Mr. Dulcia suffered; 

a. Lost of his government contracts, which required him to be in compliance 

with ALL federal, and state laws. 

b. Lost of the ability to bid on any additional government contract, until the 

violations were resolved. 

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c. Lost of his exclusive textile restoration contract with a reputable water 

restoration company, that services all of Florida. 

d. Lost of the LSC-Plant, which performed all of his dry cleaning, laundry 

services, and alterations for LSC-DropOff-1, LSC-DropOff-2. 

e. Lost of LSC-DropOff-1 

f: Lost of LSC-DropOff-2 

&: Lost of LSC-Remote-Drop 

h. Damage to Business relationships 

!:. Damage to Business Reputation. 

1 Mental Anguish 

k. Embarrassment 

h Loss of quality of life 

!!!:. Loss of enjoyment of life 

n. Loss of Opportunities 

o. Dissociation, Exhaustion, Lack of Motivation 

I!:. Anxiety 

9: Confusion 

r. Depression 

s. A diminished sense of self value/worth 

!:. Lost of trust in the government 

!!.:. Feelings of Hopelessness/Helplessness 

v. An inability to provide for himself and his family 

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PRAYER FOR RELIEF 

Mr. Dulcio has the understanding that pleadings by Pro Se litigants, " ... are held 

to a less stringent standard than pleadings drafted by attorneys and will, therefore, be 

liberally construed. "Tannenbaum v. United States, 148 F. 3d 1262, 1263 (11th Cir. 

1998) (citing Fernandez v. United States, 941 F.2d 1488, 1491 (11th Cir. 1991)), but out 

of an abundance of respect for the court, and an abundance of caution due to the 

historical slippery nature of the defendant (the FDEP) Mr. Dulcio thought it only proper 

and right to construct this complaint in the most legally, and technically accurate way (as 

though written by an attorney). 

WHEREFORE Plaintiff, Mr. Dulcio hereby respectfully demands trial by jury 

in the above-style action. 

Dated this 3rd day of January, 2023 

69 

Marc M. Dulcio • Pro Se Litigant 

Marc M. Dulcio 

70 N .E. 131 st Street 

North Miami, FL 33161 

Cellphone: (561) 660-4855 

Primary Email Address: 

Info@WarrantyRepairX.com 

Secondary Email Address: 

MarcDulcio@Hotmail.com 

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