Putnam FL Lawyers | Thomas Ira Mayton, Jr. -- eLawyers

96-001318 ROOKERY BAY UTILITIES, INC. (PRISCILLA SPADE) vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (1996)

Division of Administrative Hearings, Florida Filed: Oct. 10, 1996

The issue is whether Petitioner is entitled to an operating permit for an existing domestic wastewater treatment facility operating in Naples.Applicant failed to provide Respondent with assurance regarding operation of domestic wastewater plant due to poor operating history.

96-003784 RICHARD STAUFFER, STEVEN MCCALLUM, CY PLATA, AND LESLIE NEUMANN vs JOHN RICHARDSON (JANET RICHARDSON) AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1996)

Division of Administrative Hearings, Florida Filed: Aug. 12, 1996

Whether Respondent Richardson’s application for a wetlands resource permit to construct a private road and bridge through wetlands should be denied for failing to provide mitigation to offset the impacts to existing wetlands. Whether Respondent Richardson had provided the Department with reasonable assurance that he or she owns or has sufficient authorization to use certain land in mitigation to offset the wetland impacts.Petitioner failed to prove project not contrary to public interest; land for mitigation insufficient; wetland resource permit denied.

96-000976F GLEASON BROTHERS AND COMPANY (NO. 052331579 AND NO. 052742919) vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (1996)

Division of Administrative Hearings, Florida Filed: Feb. 26, 1996

Petitioner, Gleason Brothers and Company (Gleason) seeks attorney's fees and costs from Respondent, Department of Environmental Protection (DEP or agency), pursuant to Section 57.111, Florida Statutes. The parties have stipulated that Gleason is a "small business party" under that section, and that the requested fees and costs are reasonable". The remaining issues, therefore, are: Whether Gleason "prevailed" against DEP when the underlying permit case was settled prior to hearing; Whether DEP was "substantially justified" when it issued its February 7, 1995 Notice of Intent (NOI) to issue permits to Brevard County; Whether special circumstances exist which would make a award unjust; and Whether DEP was merely a "nominal party".No fees awarded as agency was substantially justified in issuing notice of intent after thorough investigation of landowner's unsubstantiated claims.

95-004045 MICHAEL WALTHER AND ADELE CLEMENS vs INDIAN RIVER COUNTY AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1995)

Division of Administrative Hearings, Florida Filed: Aug. 15, 1995

The central issue in this case is whether the Department of Environmental Protection (Department) should approve a permit for the applicant, Indian River County (County), to install a prefabricated erosion prevention reef (PEP reef) off the coast of Vero Beach, Florida.County entitled to experimental permit as met all criteria at issue; Petitioners failed to establish they will be adversely impacted by project.

95-000863 THOMAS H. ADAMS vs RESORT VILLAGE UTILITY, INC., AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1995)

Division of Administrative Hearings, Florida Filed: Feb. 24, 1995

Whether the applicant is entitled to a permit for the construction of a wastewater treatment facility and associated reuse/land application system (AWT).Reasonable assurances provided subject to additional conditions for Advanced Wastewater Treatment monitoring. Remaining issues subject to stormwater permitting, not wastewater.

95-001577 ROBERT STARR, JIM DUFF, BETTY BRENNEMAN, MICHELE D`AMOUR, RICHARD BOSSEY, AND JANE BOSSEY vs BOCILLA UTILITIES COMPANY AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1995)

Division of Administrative Hearings, Florida Filed: Mar. 31, 1995

The issue in this case is whether Bocilla Utilities, Inc. is entitled to a public drinking water construction permit for the expansion of an existing reverse-osmosis water plant located on Don Pedro Island.Water plant operator on bridgeless barrier island failed to provide reasonable assurances wells would be safe from floods/wave action.

94-002800 GERALDINE THOMAS vs SUWANNEE FARMS AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1994)

Division of Administrative Hearings, Florida Filed: May 17, 1994

The issues in this proceeding are whether the Department of Environmental Protection (DEP) should grant a permit to construct a wastewater treatment facility with a rapid rate land application system to Respondent Suwannee Farms and whether Suwannee Farms properly published notice of the Department's intent to issue such a permit.Gainesville sun-newspaper general circulation for Suwanee County even though not printed there- "published" means disseminated in statute and rule.

94-006602 NOEL K. DESMOND vs PIONEER FARMS, E. T. USHER, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1994)

Division of Administrative Hearings, Florida Filed: Nov. 22, 1994

Is Pioneer Farms (E. T. Usher) entitled to the issuance of a permit from the State of Florida, Department of Environmental Protection which would allow the construction of a 0.033MGD dairy waste management system which includes rotational grazing of the dairy herd and the application of spray effluent derived from a solids separation chamber and an anaerobic lagoon?Necessary assurances given that dairy waste management system will not violate water quality standards.

Thomas Ira Mayton, Jr.