Division of Administrative Hearings, Florida
Filed: Jan. 24, 1996
Between September 7, 1995, and February 7, 1996, Petitioner The Environmental Trust (ET) and Petitioner Sarasota Environmental Investors, Inc. (SEI) filed 46 individual petitions for administrative hearing. DEP referred the first of these cases, Case Number 95-4606, to the Division of Administrative Hearings on September 19, 1995. In this case, Petitioner ET sought an administrative hearing pursuant to Section 120.57(1), Florida Statutes, contesting DEP's denial of certain costs from applications for reimbursement of petroleum contamination site cleanup costs submitted pursuant to Section 376.3071(12), Florida Statutes. On or about October 6, 1995, Petitioner ET requested that Case Number 95- 4606 be placed in abeyance until all anticipated related petitions for administrative hearing could be filed with DEP and referred to the Division of Administrative Hearings for consolidation before formal hearing. On October 10, 1995, the undersigned entered an order granting abeyance and requiring Petitioner ET to file a status report in Case Number 95-4606 within forty-five days. The undersigned entered orders continuing abeyance of Case Number 95-4606 on December 4, 1995 and January 12, 1996. On January 24, 1996, DEP referred thirty-seven related cases to the Division of Administrative Hearings: Case Numbers 96-401RU through Case Number 96-437RU. In Count One of these cases, Petitioners sought an administrative hearing pursuant to Section 120.57(1), Florida Statutes, contesting DEP's denial of certain costs from applications for reimbursement of petroleum contamination site cleanup costs submitted pursuant to Section 376.3071(12), Florida Statutes. In Count Two, Petitioners alleged that DEP implemented non-rule policies in violation of Section 120.535, Florida Statutes, which resulted in the denial of certain costs from applications for reimbursement of petroleum contamination site cleanup. That same day, DEP filed a motion to consolidate these cases for purposes of final hearing. The undersigned issued a Notice of Hearing and Order of Consolidation on February 5, 1996. This order consolidated the above referenced cases with Case Number 95-4606. It also advised the parties that the consolidated cases would be heard on February 21, 1996. The parties filed a joint motion dated February 8, 1996 requesting that the formal hearing be rescheduled. By order dated February 12, 1996, the undersigned scheduled this matter for hearing on April 22, 1996. On February 28, 1996, DEP referred six related cases to the Division of Administrative Hearings and requested their consolidation: Case Number 96-1004 through Case Number 96-1009. On March 14, 1996, DEP referred the final two related cases to the Division of Administrative Hearings and requested their consolidation: Case Numbers 96-1352 and 96-1353. In these cases, Petitioners ET or SEI seek the same relief as Petitioner ET in Case Number 95-4606 pursuant to Section 120.57(1), Florida Statutes. By orders dated March 8, 1996 and March 15, 1996, the undersigned consolidated these cases to proceed under Case Number 95-4606. On April 18, 1996, Petitioner ET dismissed its petition for final hearing in Case Number 96-430RU. Accordingly, the undersigned issued an order closing the file in Case Number 96-430RU on April 19, 1996.DEP adopting nonrule policies in good faith. DEP can apply policy against factoring of invoices and deny markup where contractor services add no value.