Division of Administrative Hearings, Florida
Latest Update: Oct. 18, 1999
The issues to be resolved in this proceeding concern whether variances related to water quality standards found in Chapter 17-3, Florida Administrative Code should be issued to Champion International Corporation (Champion), as more particularly described in the proposed findings of fact and conclusions of law herein. See Section 403.201(1)(a), Florida Statutes. In resolving those issues, it must be determined whether the phrase "there is no practicable means known or available for the adequate control of the pollution involved" means no "possible" means known or available, or no "reasonable" means known or available. Additionally, it must be determined whether a temporary operation permit (TOP) should be issued pursuant to Section 403.088(3), Florida Statutes and, as part of that consideration, whether all the criteria in that statutory section must be affirmatively demonstrated or whether some of them are alternative criteria. Also at issue is the question of whether a consent order should be entered incorporating the temporary operating permit and its conditions and the variances requested.Very complex scientific issues in environmental permitting and variance application ease temporary operators permit variance and consent order recommended to be approved with required studies
