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David Smolker
David Smolker
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Bar #349259(FL)     License for 43 years; Member in Good Standing
Tampa FL

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Related Laws :

USC: 33 U.S.C 1344

CFR: 0 CFR 258, 33 CFR 320.4, 33 CFR 320.4, 33 CFR 320.4, 40 CFR 230.10, 40 CFR 230.10, 40 CFR 230.10, 40 CFR 230.10, 40 CFR 230.10, 40 CFR 230.10, 40 CFR 258, 40 CFR 258.13, 40 CFR 258.14, 40 CFR 258.15, 40 CFR 258.15, 40 CFR 258.15, 40 CFR 258.15

Florida Laws: 1.02, 120.52, 120.54, 120.56, 120.569, 120.57, 120.595, 120.68, 258.15, 267.061, 334.03, 335.182, 335.187, 335.199, 373.042, 373.086, 373.413, 373.4136, 373.414, 373.416, 373.421, 403.031, 403.707, 473.313, 57.105, 627.706

Florida Administrative Code: 14-15.010, 14-96.002, 14-96.015, 28-106.201, 40D-4.101, 40D-4.301, 40D-4.302, 62-302.300, 62-345.100, 62-345.600, 62-4.242, 62-701.200, 62-701.220, 62-701.320, 62-701.340, 62-701.400, 62-701.410

2D04-3833  Ericksen v. FASTENING SYSTEMS, INC.  (2005)
District Court of Appeal of Florida Filed: Oct. 19, 2005 Citations: 932 So. 2d 271
932 So. 2d 271 (2005) Harold ERICKSEN, Appellant, v. FASTENING SYSTEMS, INC., Appellee. No. 2D04-3833. District Court of Appeal of Florida, Second District. October 19, 2005. Tommy Meyer of Law Office of Tommy Meyer, Sarasota, for Appellant. John S. Koda of Boone, Boone, Boone, Koda & Frook, P.A., Venice, for Appellee. WHATLEY, Judge. In this appeal, Harold Ericksen argues that there are several deficiencies in the order awarding him attorney's fees that was entered after Fastening Systems, Inc.,..
09-001543  ANGELO'S AGGREGATE MATERIALS, LTD., D/B/A ANGELO'S RECYCLED MATERIALS vs DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2009)
Division of Administrative Hearings, Florida Filed: Mar. 23, 2009
The issue to be determined in this proceeding is whether Angelo's Aggregate Materials, LTD ("Angelo's") is entitled to permits from the Department of Environmental Protection ("Department") to construct and operate a Class I landfill in Pasco County.The applicant for construction and operation permits for a Class I landfill failed to provide reasonable assurance that the proposed landfill would meet all applicable permitting criteria.
09-001544  CARL ROTH, JOHN FLOYD, LOUIS POTENZIANO, AND MARVIN HILL vs ANGELO`S AGGREGATE MATERIALS, LTD., D/B/A ANGELO`S RECYCLED MATERIALS AND DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2009)
Division of Administrative Hearings, Florida Filed: Mar. 23, 2009
The issue to be determined in this proceeding is whether Angelo's Aggregate Materials, LTD ("Angelo's") is entitled to permits from the Department of Environmental Protection ("Department") to construct and operate a Class I landfill in Pasco County.The applicant for construction and operation permits for a Class I landfill failed to provide reasonable assurance that the proposed landfill would meet all applicable permitting criteria.
09-001545  WRB ENTERPRISES, INC. vs ANGELO`S AGGREGATE MATERIALS, LTD., D/B/A ANGELO`S RECYCLED MATERIALS AND DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2009)
Division of Administrative Hearings, Florida Filed: Mar. 23, 2009
The issue to be determined in this proceeding is whether Angelo's Aggregate Materials, LTD ("Angelo's") is entitled to permits from the Department of Environmental Protection ("Department") to construct and operate a Class I landfill in Pasco County.The applicant for construction and operation permits for a Class I landfill failed to provide reasonable assurance that the proposed landfill would meet all applicable permitting criteria.
09-001546  NESTLE WATERS NORTH AMERICA, INC. vs ANGELO`S AGGREGATE MATERIALS, LTD., D/B/A ANGELO`S RECYCLED MATERIALS AND DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2009)
Division of Administrative Hearings, Florida Filed: Mar. 23, 2009
The issue to be determined in this proceeding is whether Angelo's Aggregate Materials, LTD ("Angelo's") is entitled to permits from the Department of Environmental Protection ("Department") to construct and operate a Class I landfill in Pasco County.The applicant for construction and operation permits for a Class I landfill failed to provide reasonable assurance that the proposed landfill would meet all applicable permitting criteria.
08-001972  DR. OCTAVIO BLANCO vs NNP-BEXLEY, LTD., AND SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT  (2008)
Division of Administrative Hearings, Florida Filed: Apr. 18, 2008
There are two main issues in this case. The first is whether Respondent, NNP-Bexley, Ltd. (NNP-Bexley), has provided Respondent, Southwest Florida Water Management District (the District), with reasonable assurances that the activities NNP- Bexley proposes to conduct pursuant to Environmental Resource Permit (ERP) Application No. 43013740.004 (the Permit) meet the conditions for issuance of permits established in Sections 373.413 and 373.414, Florida Statutes (2007), Florida Administrative Code Rules 40D-4.301 and 40D-4.302, and the Environmental Resource Permit Information Manual, Part B, Basis of Review (BOR).1 The second is whether Petitioner, Dr. Octavio Blanco (Blanco), participated in this proceeding for an improper purpose so as to warrant the imposition of sanctions under Section 120.595(1), Florida Statutes.2Applicant and agency proved reasonableness of fees and costs.
07-003945  DR. OCTAVIO BLANCO vs WIN-SUNCOAST, LTD AND SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT  (2007)
Division of Administrative Hearings, Florida Filed: Aug. 29, 2007
The issue is whether Respondent Win-Suncoast, Ltd., is entitled to an individual environmental resource permit to construct a surface water management system to serve a proposed shopping center.Petitioner implemented all practicable design modifications to eliminate or reduce wetland impacts from anchored shopping center and mitigated the remaining impacts using UMAM analysis, so it is entitled to environmental resource permit.
05-003274  OCTAVIO BLANCO vs WESTFIELD HOMES OF FLORIDA AND SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT  (2005)
Division of Administrative Hearings, Florida Filed: Sep. 12, 2005
The issue is whether the District should approve Environmental Resource Permit No. 43024788.002 for the construction of a surface water management system to serve the proposed residential subdivision on Westfield’s property in southern Pasco County, and based upon the prior litigation between the parties in DOAH Case No. 04-0003 and the pre-hearing rulings in this case, the issue turns on whether Westfield has provided “reasonable assurances” in relation to the proposed development's potential impacts on Wetland A3 and fish and wildlife.The proposed surface water management system meets Environmental Resource Permit requirements and will not adversely impact Petitioner`s wetland. Deficiencies in prior litigation between the parties have been addressed. Recommend issuance of permit.
91-000705GM  DOROTHY K. BICKET, AS TRUSTEE FOR THE DOROTHY K. BICKET TRUST; M. M. BICKET, AS TRUSTEE FOR THE M. M. BICKET TRUST; AND JOHN HIRAM BICKET, AS TRUSTEE FOR THE M. M. AND DOROTHY K. BICKET TRUST vs HERNANDO COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS  (1991)
Division of Administrative Hearings, Florida Filed: Jan. 31, 1991
The issues in this case are whether the comprehensive plan adopted by Hernando County, Florida (County) is "in compliance" pursuant to Chapter 163, Part II, Florida Statutes, and Chapter 9J- 5, Florida Administrative Code; and, whether the County gave adequate notice of the plan's amendment as required by Section 163.3181 and Section 163.3184, Florida Statutes.Petitioners citizens, failed to show that, to the exclusion of fair debate, Hernando County's comprehensive plan amendment was not in compliance.
92-007064  BROOKSVILLE ASSOCIATES vs SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT  (1992)
Division of Administrative Hearings, Florida Filed: Nov. 25, 1992
The issue is whether the application of Respondent, HORNE PROPERTIES, INC. ("HORNE"), for Surface Water Management Permit No. 400317.02, should be approved.Drainage system adequate; reasonable assurances given; permit should issue.

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