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Vivian Feist Garfein
Vivian Feist Garfein
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Bar #350524(FL)    
Altamonte Springs FL

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89-006824  HAMILTON COUNTY BOARD OF COUNTY COMMISSIONERS (NO. 248518525) vs TSI SOUTHEAST, INC., AND DEPARTMENT OF ENVIRONMENTAL REGULATION  (1989)
Division of Administrative Hearings, Florida Filed: Dec. 12, 1989
The issues to be resolved in this proceeding concern whether the Petitioner has standing to bring this action and, therefore, whether the Intervenor has standing; whether the applicant has provided reasonable assurances of its entitlement to a construction permit for the facility; whether the applicant is precluded from availing itself of a separate biohazardous waste storage general permit through notification to the Department; whether the Petitioner is entitled to challenge the notice requirements of the general permit; and whether the facility to be permitted should be characterized as a biological waste incineration facility or a biohazardous waste treatment facility.Waste storage facility gets general permit for storage without public agency action and point of entry being required unless agency wishes to evidence supplement grant
89-006203RX  FLORIDA LEAGUE OF CITIES, INC. vs FLORIDA ADMINISTRATION COMMISSION  (1989)
Division of Administrative Hearings, Florida Filed: Nov. 14, 1989
Whether Rule 28-39.006(3), Florida Administrative Code, and the policies adopted by the Administration Commission on October 24, 1989, which describe a method for calculating sanctions to be imposed under Section 163.3184(11), Florida Statutes, on cities or counties which fail to submit Local Comprehensive Plans, or which submit plans determined not to be in compliance with Part II of Chapter 163, Florida Statutes, are invalid exercises of delegated legislative authority?Administration commission policy on penalty for failure to submit or submission of plans not in compliance with growth management act reasonable, upheld.
89-002731  LAWRENCE AND LUCIANN NIEBLER vs. PLANMAC CO., INC., AND DEPARTMENT OF ENVIRONMENTAL REGULATION  (1989)
Division of Administrative Hearings, Florida Latest Update: Jan. 24, 1990
Whether Respondent, Planmac Company, Inc., is entitled to the modification of a previously permitted boat docking facility in a man-made basin on Lower Matecumbe Key, Monroe County, Florida.Modification to dredge and fill permit granted where no new environmental concerns are presented
88-006109  BILLIE A. VATALARO vs. DEPARTMENT OF ENVIRONMENTAL REGULATION  (1988)
Division of Administrative Hearings, Florida Latest Update: May 26, 1989
The issues for determination in this proceeding are whether DER properly asserts jurisdiction over the site in question, and whether Petitioner (Vatalaro) is entitled to a permit to fill that site.Applicant failed to meet burden of proving right to after the fact permit where illegal dredging done in jurisdictional wetlands, albeit only a half acre
88-003494  DORIS KRALIK AND LAWRENCE DECKER vs. PONCE MARINA, INC., AND DEPARTMENT OF ENVIRONMENTAL REGULATION  (1988)
Division of Administrative Hearings, Florida Latest Update: Nov. 28, 1988
The issue is whether Ponce Marina, Inc., (Ponce Marina) is entitled to a dredge and fill permit and water quality certification number 64-1303059 to construct a marina on the Halifax River in Volusia County, Florida.Proposed mitigation is not contrary to public interest, will not have adverse effects, and provides reasonable assurances. Marina ok with condition.
87-001727  GRACE L. WALDRON vs. DEPARTMENT OF ENVIRONMENTAL REGULATION  (1987)
Division of Administrative Hearings, Florida Latest Update: Aug. 19, 1987
Dredge and fill application denied for finger canal project due to negative impact on already poor water quality.
87-001188  HARVEY HIGGINS AND CHARLES COE vs. GEORGE A. ROBERTS AND DEPARTMENT OF ENVIRONMENTAL REGULATION  (1987)
Division of Administrative Hearings, Florida Latest Update: Jul. 31, 1987
Dredge and fill permit application. for slalom ski course (4-120-lb concrete blocks on lake bottom). No water quality impact but not in public interest.
86-004440  CHARLES AND ELLYN RHEA vs. MARK S. MAGGERT AND DEPARTMENT OF ENVIRONMENTAL REGULATION  (1986)
Division of Administrative Hearings, Florida Latest Update: Feb. 18, 1987
The issue at hearing was whether Mark S. Maggert is entitled to dredge and fill permit 35-114665-4 to construct a ski slalom course and ski jump on Lake Geneva.Evidence shows reasonable assurances of no water quality violation and that project is not contrary to public interest; ski course should be approved.
86-002470  S. J. STEPHANY vs. ORANGE COUNTY PARKS DEPARTMENT AND DEPARTMENT OF ENVIRONMENTAL REGULATION  (1986)
Division of Administrative Hearings, Florida Latest Update: Oct. 21, 1986
The issue at hearing was whether the Orange County Parks Department is entitled to dredge and file permit #48-118375-4 for its public boat ramp and dock project in Trimble Park.Permit to move boat ramp and dock in public park should be granted as water quality will not be degraded-not contrary to public interest.

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