Leon FL Administrative law, Aviation and Environmental Law L -- eLawyers

07-004745TL IN RE: TAMPA ELECTRIC COMPANY WILLOW OAK-WHEELER-DAVIS TRANSMISSION LINE SITING APPLICATION NO. TA07-15 vs * (2007)

Division of Administrative Hearings, Florida Filed: Oct. 15, 2007

The issue for determination is whether and the extent to which the proposed corridor by Tampa Electric Company (TECO) contained in its Application for Corridor Certification (Application) should be approved in whole, with modifications or conditions, or denied.The application for a proposed corridor in which to place a transmission line between western Polk County and Brandon is approved; electric and magnetic fields would not affect the health of adjacent property owners.

06-002871RP FLORIDA POWER AND LIGHT COMPANY vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2006)

Division of Administrative Hearings, Florida Filed: Aug. 10, 2006

The issue is whether certain provisions within proposed rule 62-296.470 are an invalid exercise of delegated legislative authority, as alleged in the Petition for Administrative Determination of Invalidity of Specific Provisions of a Proposed Rule (Petition) filed by Petitioner, Florida Power and Light Company (FPL), on August 16, 2006.The proposed rule is not an invalid exercise of delegated legislative authority; the Statement of Estimated Regulatory Cost was prepared in a correct manner.

05-001507RU VOLUSIA HOME BUILDERS ASSOCIATION, INC. vs VOLUSIA COUNTY SCHOOL BOARD (2005)

Division of Administrative Hearings, Florida Filed: Apr. 25, 2005

Whether Respondent’s January 26, 2005 school board vote, adopting the recommendation of Respondent’s Superintendent that a set, single impact fee amount be imposed by the Volusia County Council (the equivalent of the county commission in non- chartered counties) on newly constructed housing in Volusia County, constituted a rule or rule amendment without satisfying applicable due process requirements of Section 120.54(1)(a), Florida Statutes, since Respondent’s existing policy determines the impact fee amount through the impact fee calculation report (defined in Section 70-171 of the Volusia County Ordinance Code as the Volusia County School Impact Fee Update Final Report dated December 2004, prepared by Tindale-Oliver & Associates, Inc., and approved by Respondent) which proposed the adoption of a varying impact fee amount for different types of housing.Respondent improperly amended its promulgated policy by not adhering to the promulgated police contained in Policy 61Z. Respondent`s action is voided and jurisdiction is retained for attorney`s fees and costs.

06-001491 CSX TRANSPORTATION, INC. vs DEPARTMENT OF TRANSPORTATION AND MANATEE COUNTY (2006)

Division of Administrative Hearings, Florida Filed: Apr. 25, 2006

The issue is whether the application submitted by Manatee County to the Florida Department of Transportation to open a railroad-highway grade crossing in Bradenton, Florida, meets the criteria set forth in Florida Administrative Code Rule 14- 57.012(2)(a)1-6.Respondent Manatee County demonstrated that its proposed railroad-highway crossing meets the applicable criteria contained in Florida Administrative Code Rule 14-57.012(2)(a) and should be approved.

03-003689 JOSEPH M. PELLE vs BOARD OF DENTISTRY (2003)

Division of Administrative Hearings, Florida Filed: Oct. 10, 2003

The issue to be resolved in this proceeding concerns whether Joseph M. Pelle, the Petitioner should be issued a dental teaching permit in conjunction with his duties as Dean of the Jacksonville University Dental School of Orthodontists (dental school) in accordance with the authority cited and treated below.Petitioner established that the dental school was sufficiently accredited to comply with the statute and rule regarding the issuance of the teaching permit.

94-002722RU FLORIDA ELECTRIC POWER COORDINATING GROUP, INC.; THE FLORIDA CHAMBER OF COMMERCE, INC.; FLORIDA FARM BUREAU FEDERATION; ASSOCIATION OF FLORIDA COMMUNITY DEVELOPERS; AND FLORIDA HOME BUILDERS ASSOCIATION vs SUWANNEE RIVER WATER MANAGEMENT DISTRICT, ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, SOUTH FLORIDA WATER MANAGEMENT DISTRICT, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1994)

Division of Administrative Hearings, Florida Filed: May 13, 1994

Whether the following proposed rules are invalid exercises of delegated legislative authority as defined in Subsection 120.52(8), Florida Statutes: 1. Rules 40E-400.417(1)(c), 40E-400.427(1)(b), 40E-431.(1)(g), 40E- 400.475(1)(a), (b), 40E-400.483, and 40E-400.487. Subsections 4.2.4.3(f), (g), (h), (i) of the South Florida Water Management District's Basis of Review. Subsection X.2.7(a) of Suwannee River Water Management District's Applicant's Handbook: Environmental Resource Permitting, St. Johns River Water Management District's Applicant's Handbook: Management and Storage of Surface Waters, and South Florida Water Management District's Basis of Review. Subsection X.2.7(b) of Suwannee River Water Management District's Applicant's Handbook: Environmental Resource Permitting, St. Johns River Water Management District's Applicant's Handbook: Management and Storage of Surface Waters, and South Florida Water Management District's Basis of Review. Subsection X.3.2.2 of Suwannee River Water Management District's Applicant's Handbook: Environmental Resource Permitting, St. Johns River Water Management District's Applicant's Handbook: Management and Storage of Surface Waters, and South Florida Water Management District's Basis of Review. 6. Rules 62-330.200(1)(d), 62-330.200(2)(h), and 62-330.200(4)(b).Engineer had standing to challenge Environmental Rules Permitting (ERP). Rules are valid.

01-001949 SAVE OUR BAYS, AIR AND CANALS, INC. vs TAMPA BAY DESAL AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2001)

Division of Administrative Hearings, Florida Filed: May 18, 2001

There are two issues in these cases: (1) whether Tampa Bay Desal, LLC ("TBD") provided reasonable assurances that its permit application to discharge wastewater from a proposed seawater desalination plant, National Pollutant Discharge Elimination System ("NPDES") Permit Application No. FL0186813- 001-IWIS, meets all applicable state permitting standards for industrial wastewater facilities; and (2) whether Tampa Electric Company, Inc. (TEC) provided reasonable assurances that its proposed modification to an existing industrial wastewater facility permit, NPDES Permit Modification No. FL0000817-003-IWIS, meets all applicable state permitting standards.Application for industrial wastewater permit for desalination plant using power plant`s once-through cooling water provided reasonable assurance of compliance with permit requirements.

01-002720 SAVE OUR BAYS, AIR AND CANALS, INC. vs TAMPA ELECTRIC COMPANY, INC., AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2001)

Division of Administrative Hearings, Florida Filed: Jul. 11, 2001

There are two issues in these cases: (1) whether Tampa Bay Desal, LLC ("TBD") provided reasonable assurances that its permit application to discharge wastewater from a proposed seawater desalination plant, National Pollutant Discharge Elimination System ("NPDES") Permit Application No. FL0186813- 001-IWIS, meets all applicable state permitting standards for industrial wastewater facilities; and (2) whether Tampa Electric Company, Inc. (TEC) provided reasonable assurances that its proposed modification to an existing industrial wastewater facility permit, NPDES Permit Modification No. FL0000817-003-IWIS, meets all applicable state permitting standards.Application for industrial wastewater permit for desalination plant using power plant`s once-through cooling water provided reasonable assurance of compliance with permit requirements.

01-000416EPP ORLANDO UTILITIES COMMISSION, CURTIS H. STANTON ENERGY CENTER COMBINED CYCLE UNIT A POWER PLANT SITING SUPPLEMENTAL APPLICATION NO. PA 81-14SA2 vs * (2001)

Division of Administrative Hearings, Florida Filed: Nov. 01, 2000

Certification of supplemental Power Plant Site including construction of transmission line to reconnect to existing on-site substation; off-cite natural gas pipeline; and expansion of main site.

92-004896EPP IN RE: TECO POLK COUNTY PROJECT (PA 92-32) vs DEPARTMENT OF ENVIRONMENTAL REGULATION (1992)

Division of Administrative Hearings, Florida Filed: Aug. 11, 1992

The issue is whether the proposed site is consistent and in compliance with existing land use plans and zoning ordinances.The proposed site was found to be consistent & in compliance w/existing land use plans & zong. Appl is entitled to site cert for power plant w/conditions

Lawrence N Curtin