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Douglas Harold MacLaughlin

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561-982-7114

Bar #251054(FL) License for 47 years; Member in Good Standing

Boca Raton FL

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Related Laws :

CFR: 40 CFR 131.44

Florida Laws: 120.52, 120.54, 120.56, 120.569, 120.57, 120.60, 120.68, 163.3164, 171.211, 258.36, 258.39, 26.012, 267.061, 335.065, 373.042, 373.0421, 373.079, 373.083, 373.114, 373.175, 373.223, 373.246, 373.406, 373.413, 373.4131, 373.414, 373.416, 373.421, 373.4592, 403.031, 403.412, 403.52, 403.521, 403.526, 403.527, 403.5271, 403.529, 403.5365, 403.537, 403.813, 403.9328, 6.02, 63.132, 7.43, 7.52, 7.58, 8.031, 90.702

Florida Administrative Code: 40E-4.091, 40E-4.301, 40E-4.302, 40E-41.263, 40E-63.011, 40E-63.091, 40E-63.101, 40E-63.130, 40E-63.143, 40E-63.145, 62-302.300, 62-330.051, 62-340.750, 62-345.100, 62-4.242, 62-814.450

93-000863 SECRET OAKS OWNERS ASSOCIATION, INC. vs DEPARTMENT OF ENVIRONMENTAL REGULATION (1993)

Division of Administrative Hearings, Florida Filed: Feb. 16, 1993

Whether or not Petitioner should be granted a dredge and fill permit for construction of a multi-family dock in either of the two configurations proposed in its application filed pursuant to Section 403.918 Florida Statutes.Multifamily permit for reconstruction of unpermitted dock denied where congregate activity theatened water quality and eel grass; standard of proof.

91-002148 FLORIDA POWER CORPORATION vs DEPARTMENT OF ENVIRONMENTAL REGULATION (1991)

Division of Administrative Hearings, Florida Filed: Apr. 23, 1992

On December 13, 1989, Florida Power Corporation (FPC) filed a wetland resource permit application with the Florida Department of Environmental Regulation (DER) for a project to construct, operate and maintain a 69 kilovolt (kV) electrical transmission line in Osceola County. The application described the placement of power line poles in jurisdictional wetlands. On September 28, 1990, DER issued its notice of permit denial, DER File No. 49-173789-4. The ultimate issue for determination is whether FPC is entitled to the permit. Ancillary issues include the scope of "cumulative impacts" to be considered; the scope of "secondary impacts"; whether alternative sites must be considered; whether FPC's clearing of the right of way constituted dredge and fill activity; and whether mitigation is required, and if so, whether the mitigation offered by the applicant is adequate.On remand from DER for consideration of cumulative impact of various other projects power line project still not contrary to public interest.

92-005033 DAVID BIDDULPH vs BETHUNE BEACH WASTEWATER SYSTEM IMPROVEMENTS AND DEPARTMENT OF ENVIRONMENTAL REGULATION (1992)

Division of Administrative Hearings, Florida Filed: Aug. 20, 1992

The issue in this case is whether the Department of Environmental Regulation (DER) was provided reasonable assurance as required by Rule 17-4.070, F.A.C., that the granting of a permit pursuant to the requirements of Rule 17- 604, F.A.C., to Volusia County for the construction of a closed wastewater collection and transmission system would not result in discharges or emissions or cause pollution in contravention of DER standards or rules.Indian River Lagoon Act construed in terms of sequential permits for a wastewater treatment plant and collection/transmission system.

91-008088 LAKE HICKORY NUT HOMEOWNERS ASSOCIATION, AND H. DAVID HOLDER vs SCHOFIELD CORPORATION OF ORLANDO AND DEPARTMENT OF ENVIRONMENTAL REGULATION (1991)

Division of Administrative Hearings, Florida Filed: Dec. 18, 1991

Schofield Corporation of Orlando has applied to the Department of Environmental Regulation for a permit to construct and operate a Class III trash/yard trash landfill in Orange County, Florida. The issues are whether the applicant is entitled to the permit and, if so, what conditions should attach. Also at issue is Schofield Corporation's motion for attorney's fees and costs, pursuant to Section 403.412(2)(f), F.S.new

92-000104 CENTRAL FLORIDA WETLANDS SOCIETY, WILLIAM AND FLORENCE BAILEY, RICHARD WAGNER, ET AL. vs JAMES GRATZER, PATRICIA GRATZER, AND DEPARTMENT OF ENVIRONMENTAL REGULATION (1992)

Division of Administrative Hearings, Florida Filed: Jan. 06, 1992

This proceeding concerns a Consent Order entered into by the Department of Environmental regulation (DER), and James and Patricia Gratzer (Gratzers) regarding an allegedly unpermitted fill in Winter Springs, Florida. The ultimate issue for determination is whether DER abused its discretion in resolving the alleged violations by entering into the subject Consent Order.Road not illegally placed, 10-year backstop applied consent order not abuse of DER discretion. Petitioner was cogent and not "for improper purpose" no fees.

91-004177 BREVARD GROVES, INC., AND H AND S GROVES, INC. vs FLORIDA CITIES WATER COMPANY, INC., AND DEPARTMENT OF ENVIRONMENTAL REGULATION (1991)

Division of Administrative Hearings, Florida Filed: Jul. 08, 1991

On June 7, 1991 the Department of Environmental Regulation (DER) released its intent to issue Permit No. DC05-194008, authorizing Florida Cities Water Company (FCWC) to construct a 300-acre restricted public access spray irrigation system for the land application of treated domestic wastewater (Sprayfield Permit). And, on August 6, 1991 DER released its intent to issue Permit No. MS05-194894, relating to stormwater management and management and storage of surface waters (MSSW Permit) for the sprayfield site. Petitioners Brevard Groves, Inc. and H & S Groves, Inc. (Groves), Parrish Properties, Inc., Parrish Management, Inc. (Parrishes), Atico Financial Corp. (Atico) and David and Eleanor Shreve (Shreve), each requested a formal administrative hearing challenging the issuance of the sprayfield permit. Groves requested a hearing challenging the issuance of the MSSW Permit. The ultimate issue is whether FCWC is entitled to these permits.Sprayfield disposal of partially trated wastewater not harmful to adjoining citrus or bee hives or to groundwater quality.

91-002608 FREDERICK A. BRADY AND JANET B. BRADY vs KENNETH ACRE AND DEPARTMENT OF ENVIRONMENTAL REGULATION (1991)

Division of Administrative Hearings, Florida Filed: Apr. 25, 1991

The issues are whether the Consent Order entered into between the Department of Environmental Regulation (DER) and Kenneth Acre (Acre) is an appropriate settlement of the violations addressed therein and whether Acre is entitled to construction permit number IC35-190005 for an Industrial Waste Disposal Facility. The Bradys assert that the Consent Order is not a reasonable exercise of DER's enforcement discretion and that the permit should be denied.Industrial waste permit for animal facility used to test drugs. Applicant not prevailing party when DER changes position on day of hearing.

92-001801 BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS (SYKES CREEK INJECTION WELL) vs SLOAN CONSTRUCTION COMPANY, INC., AND DEPARTMENT OF ENVIRONMENTAL REGULATION (1992)

Division of Administrative Hearings, Florida Filed: Mar. 20, 1992

Sloan Construction Company, Inc. (Sloan) has applied to the Department of Environmental Regulation (DER) for a permit to relocate its drum mix asphalt plant, a source of air emissions, from its current site in Flagler County to Brevard County. The issue in this proceeding is whether that permit should be granted. More specifically, it must be determined whether the proposed activity will meet applicable statutory and regulatory standards. An ancillary issue regarding Respondent, Sloan's entitlement to attorneys fees and costs pursuant to Section 120.57(1)(b)5., F.S. is addressed in a separate order entered this same date.Recommends permit to move asphalt plant when applicant meets all air pollution source standands, petition not filed for an "improper purpose"

91-003734 ALICE K. GRIMES vs C. A. MEYER PAVING AND CONSTRUCTION COMPANY AND DEPARTMENT OF ENVIRONMENTAL REGULATION (1991)

Division of Administrative Hearings, Florida Filed: Jun. 17, 1991

Whether an amendment to Construction Permit No. AC35-171755 requested by Meyer Paving & Construction Co. should be issued by the Florida Department of Environmental Regulation?Petitioner failed to prove that modifications to DER construction permit for soil remediation facility should not be authorized.

84-002364 SIERRA CLUB, UPPER KEYS CITIZENS ASSOCIATION, INC. vs. DER, PORT BOUGAINVILLE, INC. & PORT BOUGAINVI (1984)

Division of Administrative Hearings, Florida Latest Update: Nov. 01, 1991

Grant permit. Boats however are to be restricted from the marina and access canal.