Division of Administrative Hearings, Florida
Filed: Jul. 27, 1990
This cause came before the Hearing Officer upon the Petition of Nancy K. Taylor submitted in accordance with Section 120.57, Florida Statutes. The Petition was for review of the intent to issue a construction permit to the Cedar Key special Water and Sewer District for the Cedar Key Water Reclaiming Facility in Cedar Key, Florida. Subsequent to the filing of the Petition by the Petitioner; and prior to the hearing, the parties entered into a Stipulation narrowing the issues to the phasing out of septic tanks and the monitoring of the progress of local comprehensive plans to phase out septic systems in coastal areas, flood plains, rivers and the stream banks and above-shallow aquifers and the issue regarding capitalization and fees for future users. Subsequent to the entering into the Stipulation, the Respondent, Department of Environmental Regulation ("Department"), filed a Motion in Limine and later amended the Motion in order to limit the introduction of certain evidence. The Respondent, Cedar Key Special Water and Sewer District ("District"), concurred in the Motion in Limine. A hearing was held on the Motion in Limine by teleconference on October 22, 1990. At that hearing, the Motion in Limine was denied in part and granted in part. As a result of the hearing on the Motion in Limine, the issues were narrowed to (l) whether the Department has the authority to ensure that the modified facility would have sufficient capacity to serve the District's service area, and (2) whether the Department could require the District to install collection lines to unsewered properties within the service area that are currently utilizing septic tanks.Sewage treatment plants. DER has power to condition permitting on matters related to environment to include expansion of service area. DER rejected Recommended Order