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Dan Brooks Hendrickson
Dan Brooks Hendrickson
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Bar #759510(FL)     License for 36 years
Tallahassee FL

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88-002283  J. T. MCCORMICK AND THE ESTATE OF BENJAMIN R. MCCORMICK vs. CITY OF JACKSONVILLE AND DEPARTMENT OF ENVIRONMENTAL REGULATION  (1988)
Division of Administrative Hearings, Florida Latest Update: Oct. 16, 1989
The City withdrew its initial application for a permit to construct the proposed southeast landfill, filed April 24, 1987, on December 11, 1987, the same day it filed the application which, with subsequent amendments, is now pending. After DER gave notice of its intent to issue the permit on April 15, 1988, petitioners filed timely requests for formal administrative hearing. DER also received timely hearing requests in response to its notice of intent to issue a dredge and fill permit for the construction of an access road to the site, filed May 20, 1988, in response to its notice of intent to issue a permit for the stormwater management system for the site, filed May 25, 1989, and in response to its notice of intent to grant a variance, filed August 31, 1988. In accordance with Section 120.57(1)(b)3., Florida Statutes (1987), DER elected to transmit these hearing requests to the Division of Administrative Hearings, where they were docketed as thirteen separate cases. By order entered December 20, 1988, proceedings on all hearing requests were consolidated. As recited in the City's proposed recommended order: The City and DER presented the testimony of Victoria Tschinkel, an expert in environmental regulation and environmental biology; David K. Nickerson, an expert in wetlands permitting, mitigation, and wetlands ecology; Samuel E. Wiley, an expert in wildlife biology; Janet J. Llewellyn, an expert in wetlands ecology, the assessment of impacts of dredge and fill projects, the evaluation of mitigation plans, and the application of DER's regulations to dredge and fill projects; Heather L. Nixon, an expert in wetland ecology; Glenn E. Lowe, Jr., an expert in zoology and wetland ecology; James A. Nissen, an expert design engineer for the design and operation of sanitary landfills; David E. Deans, an expert in landfill design and the design of liners and leachate collection systems; Hilary Theisen, an expert in landfill operations, odor control, and gas control; Mary C. Nogas; Stewart L. Stover, Jr., an expert in geology and hydrogeology; G. Warren Leve, an expert in geology and hydrogeology; Robert W. Bass, an expert in environmental engineering and leachate characterization; Frank A. Jones, an expert in environmental toxicology; Vincent P. Amy, an expert in geology, hydrogeology and groundwater quality; Firmin W. Southwell; Linda M. Danco, an expert in stormwater engineering; Caroline J. Mitchell, an expert in stormwater engineering; John E. Timberlake, an expert in stormwater engineering; David Miracle, an expert in environmental engineering, with a special expertise in stormwater and surface water management; James A. Horton, an expert in geotechnical engineering; Patrick T. Karney, an expert in wastewater treatment; Janice Nepshinsky, an expert in environmental engineering, with a special expertise in water chemistry and water quality; Mark Santarelli, an expert in well drilling and construction; Richard Wilkins, an expert in the regulation of pollution sources in Florida; Philip M. Coram, an expert in environmental engineering, the application of DER rules to solid, hazardous, domestic, and industrial waste facilities, the review and evaluation of groundwater monitoring plans, and the application of DER rules to stormwater sources. The McCormicks presented the testimony of J. T. McCormick, J. Haydon McCormick, and Theodore F. Petit. STOP, Inc. presented the testimony of Mr. Gordon Gruhn.Landfill applicant must show entitlement de novo to variance despite DER's intent to grant. No mixing zone allowed for carcinogens leaking from lining.

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