Division of Administrative Hearings, Florida
Filed: Mar. 26, 2009
The issue to be determined by this Order is whether the Petition for Formal Proceedings filed with the Department of Environmental Protection (DEP) on February 4, 2009, was timely 1/ and, if so, whether Petitioners have standing to challenge the DEP?s issuance of the Minor Modification to FDEP Operation Permit 171331-002-UO for IW-1 under 171331-003-UC (the Permit Modification).The Petition for Formal Proceeding was not timely filed and Petitioners failed to prove that they had standing as substantially affected persons. Although, Conservation Alliance proved standing under section 403.412(6), the Petitions should be dismissed.
