Hillsborough FL Lawyers | Richard Thomas Tschantz -- eLawyers

Richard Thomas Tschantz

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813-627-2600 x1056

Bar #352594(FL) License for 42 years

Tampa FL

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Related Laws :

USC: 42 U.S.C 2021

CFR: 10 CFR 20

Florida Laws: 120.52, 120.569, 120.57, 120.68, 163.3164, 366.04, 366.041, 366.05, 366.051, 366.055, 366.80, 366.92, 373.414, 380.04, 403.501, 403.502, 403.503, 403.506, 403.5064, 403.50665, 403.507, 403.508, 403.509, 403.511, 403.5115, 403.515, 403.5175, 403.5185, 403.519, 403.522, 403.527

Florida Administrative Code: 40D-4.091, 40D-4.301, 62-17.281

94-005742RP CHARLOTTE COUNTY vs SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (1994)

Division of Administrative Hearings, Florida Filed: Oct. 14, 1994

The primary issue in these consolidated cases is whether the proposed Southern Water Use Caution Area ("SWUCA") rules of the Southwest Florida Water Management District (the "District") constitute an invalid exercise of delegated legislative authority. Also at issue in the proceedings is the validity of certain portions of the District's existing water use permitting rules contained in Chapter 40D-2, Florida Administrative Code ("F.A.C."), and the "Basis of Review for Water Use Permit Applications" that the District has adopted by reference in Rule 40D-2.091, F.A.C. Finally, certain policies allegedly utilized by the District in its water use permitting program have been challenged as unpromulgated rules in contravention of Section 120.535, Florida Statutes (1993) ("F.S.").Prop method for calculating min aquifer levels were scientif and statistically sound. Prop method of applying min level was invalid. Existing water use permit rules set forth approp consid but vague. Computer method used as screening tool consti a rule

92-005308EPP FLORIDA POWER CORPORATION, POLK COUNTY PROJECT (PA 92-33) vs DEPARTMENT OF ENVIRONMENTAL REGULATION (1992)

Division of Administrative Hearings, Florida Filed: Aug. 28, 1992

In this proceeding, Florida Power Corporation (FPC) seeks approval to construct and operate 470 MW of natural gas-fired advanced design combined cycle (NGCC) generating capacity at its proposed Polk County Site. Additionally, FPC seeks a determination that the Polk County Site has the environmental resources necessary to support an ultimate capacity of 3,000 MW of combined cycle generating capacity fueled by a combination of natural gas, coal-derived gas and distillate fuel oil. Such an ultimate site capacity certification may be granted pursuant to Section 403.517, Florida Statutes and Rule 17-17.231, Florida Administrative Code.Applicant is entitled to certification for power plant and associated fac- ilities.

95-001520 WEST COAST REGIONAL WATER SUPPLY AUTHORITY vs SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (1995)

Division of Administrative Hearings, Florida Filed: Mar. 30, 1995

The issue in the case is whether applications filed for water use permits for the South Pasco, Section 21, Cosme-Odessa and Northwest Hillsborough Regional Wellfields meet the requirements set forth in Section 373.223(1), Florida Statutes and Rule 40D-2.301(1), Florida Administrative Code, governing issuance of water use permits, and accordingly, whether the water use permits should be granted by the Southwest Florida Water Management District. Additionally, the West Coast Regional Water Supply Authority asserts that a default permit for the Northwest Hillsborough Regional Wellfield should be granted based on the alleged failure of the Southwest Florida Water Management District to take action on the permit application pursuant to the requirements of Section 120.60(1), Florida Statutes.Criteria met for continued water withdrawal at current levels. Baseline for review is existing condition when application is filed.

95-004829 MANASOTA-88, INC., AND MANATEE COUNTY SAVE OUR BAYS ASSOCIATION, INC. (PSD-FL-219)(PA 94-35) vs FLORIDA POWER AND LIGHT AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1995)

Division of Administrative Hearings, Florida Filed: Oct. 03, 1995

This proceeding was conducted pursuant to Section 120.57, F.S., to determine whether the Department of Environmental Protection (DEP) should grant a Prevention of Significant Deterioration (PSD) air construction permit for Florida Power & Light Company's (FPL's) Manatee Orimulsion Conversion Project (Project), and if such a permit is granted, what conditions should be imposed.When Siting Board remanded companion EPP case, DEP remanded PSD case without issuing a FO. Supplemental RO found that, under new proposed conditions, no BACT determination for NOx would be necessary, and that PSD permits should be issued.

94-005675EPP IN RE: FLORIDA POWER AND LIGHT COMPANY, MANATEE ORIMULSION PROJECT, APPLICATION NO. 94-35 vs * (1994)

Division of Administrative Hearings, Florida Filed: Oct. 07, 1994

This proceeding was conducted pursuant to the Florida Electrical Power Plant Siting Act, Section 403, Part II, Florida Statutes (F.S.), to determine whether final certification should be granted for FPL's Manatee Orimulsion Conversion Project (Project), and if certification is granted, what conditions of certification should be imposed.Siting Board remanded for findings on new proposed conditions of site certif. for FPL's proposed Orimulsion conversion projects after District Court vacated Bd's FO denying certification. Additional conditions also were considered. RO: certify project.

92-000953 ALAN R. BEHRENS vs CONSOLIDATED MINERALS, INC., AND SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (1992)

Division of Administrative Hearings, Florida Filed: Feb. 12, 1992

Whether the Southwest Florida Water Management District ("District") should renew and modify an existing water use permit held by Consolidated Minerals, Inc. ("CMI") authorizing groundwater withdrawals at CMI's proposed "Pine Level" phosphate mine operation in DeSoto County, Florida. Whether the water use requested in CMI's permit renewal application meets all the criteria specified in Rule 40D-2.301, Florida Administrative Code ("F.A.C"), with the exception of 40D-2.301(1)(d), F.A.C.; and Whether CMI is exempt from the District's surface water management system permitting requirements as contained in Rule 40D-2.301(1)(d), F.A.C.Applicant for water use permit failed to provide reasonable assurances that use will not cause adverse impact to water resources and environment.

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.

92-006215 GLORIA S. ELDER vs CARGILL FERTILIZER, INC.; FORT MEADE MINE; AND SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (1992)

Division of Administrative Hearings, Florida Filed: Oct. 16, 1992

The issue for consideration in this case is whether Respondent, Southwest Florida Water Management District should approve Individual Water Use Permit Application No. 202297.05 to Respondent Cargill Fertilizer, Inc., for its Fort Meade Mine operation.Party who contests award of permit for improper purpose and then denied discovery and fails to participate in hearing is subject to award of attorney's fees and costs

92-006618BID AMERICAN DRILLING, INC. vs SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (1992)

Division of Administrative Hearings, Florida Filed: Nov. 04, 1992

Whether Petitioner's bid on Bid Request No. 9237 was the lowest responsible bid; whether Youngquist's bid is responsive; and, whether Respondent's evaluation and proposed award to Youngquist is arbitrary and capricious.Evidence sustained holding that lowest bid not responsive.

86-000634 BOARD OF OSTEOPATHIC vs. THOMAS P. ELLIOTT (1986)

Division of Administrative Hearings, Florida Latest Update: Jan. 13, 1987

Prescribing drugs not in the course of acceptable osteopathic practice