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  8. Winston Kirk Borkowski
Winston Kirk Borkowski
Winston Kirk Borkowski
Visitors: 28
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Bar #698891(FL)     License for 37 years; Member in Good Standing
Tallahassee FL

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Related Laws :

CFR: 40 CFR 131

Florida Laws: 120.52, 120.56, 120.68, 403.021, 403.061, 403.067

Florida Administrative Code: 62-302.200, 62-302.300, 62-302.500, 62-302.530, 62-302.531, 62-302.532, 62-302.700, 62-302.800, 62-303.150, 62-303.351, 62-303.353, 62-303.354, 62-303.500, 62-4.242

11-006137RP  FLORIDA WILDLIFE FEDERATION, INC.; SIERRA CLUB, INC.; CONSERVANCY OF SOUTHWEST FLORIDA, INC.; ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA, INC.; AND ST. JOHNS RIVERKEEPER, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2011)
Division of Administrative Hearings, Florida Filed: Dec. 01, 2011
The issues to be determined in these consolidated cases are whether existing Florida Administrative Code Rule 62-302.530(47)(b) of the Department of Environmental Protection ("Department"), referred to as the "narrative nutrient rule," is an invalid exercise of delegated legislative authority, and whether certain proposed rules of the Department, which amend Florida Administrative Code Chapters 62-302, entitled “Surface Water Quality Standards” and 62-303, entitled “Identification of Impaired Surface Waters,” are invalid exercises of delegated legislative authority.Petitioners failed to prove the DEP's narrative nutrient rule was an invalid exercise of delegated legislative authority. DEP proved the proposed changes to chapters 62-302 & 62-303 were not invalid exercises of delegated legislative authority.
12-000157RP  FLORIDA WILDLIFE FEDERATION, INC.; SIERRA CLUB, INC.; CONSERVANCY OF SOUTHWEST FLORIDA, INC.; ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA, INC.; AND ST. JOHNS RIVERKEEPER, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2012)
Division of Administrative Hearings, Florida Filed: Jan. 12, 2012
Petitioners failed to prove the DEP's narrative nutrient rule was an invalid exercise of delegated legislative authority. DEP proved the proposed changes to chapters 62-302 & 62-303 were not invalid exercises of delegated legislative authority.
05-002361GM  DON AND PAMELA ASHLEY vs DEPARTMENT OF COMMUNITY AFFAIRS AND FRANKLIN COUNTY  (2005)
Division of Administrative Hearings, Florida Filed: Jul. 01, 2005
Whether the amendments to the Franklin County (County) Comprehensive Plan (Plan) adopted by Ordinance No. 2005-20 (Amendments) on April 5, 2005, are “in compliance” as defined in Section 163.3184(1)(b), Florida Statutes.1Petitioners proved beyond fair debate that the Franklin Plan revision with no capital improvement element, the incorrect Coastal High Hazard Area, and the incorrect affordable housing information was not "in compliance."
05-002730GM  SIERRA CLUB, INC., AND PANHANDLE CITIZENS COALITION, INC. vs FRANKLIN COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS  (2005)
Division of Administrative Hearings, Florida Filed: Jul. 26, 2005
Whether the amendments to the Franklin County (County) Comprehensive Plan (Plan) adopted by Ordinance No. 2005-20 (Amendments) on April 5, 2005, are “in compliance” as defined in Section 163.3184(1)(b), Florida Statutes.1Petitioner failed to prove inconsistency with minimum criteria beyond fair debate on two issues remanded by the District Court of Appeal.
03-003532RP  FLORIDA WILDLIFE FEDERATION, INC.; ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA, INC.; AND SAVE OUR CREEKS, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2003)
Division of Administrative Hearings, Florida Filed: Sep. 26, 2003
In a Notice of Proposed Rulemaking published on September 5, 2003, the Department of Environmental Protection ("DEP" or the "Department") proposed amendments (the "Proposed Rule") to an existing rule, Florida Administrative Code Rule 62- 304.700. The Proposed Rule establishes a Total Maximum Daily Load ("TMDL") for Total Phosphorus ("TP") for a number of streams (referred to in this proceeding as the Nine Northern Tributaries) in the Lake Okeechobee Basin and addresses other related matters. The issue in this proceeding is whether the Proposed Rule is an invalid exercise of delegated legislative authority.The Proposed Rule that would a establish a Total Maximum Daily Load for total phosphorus in nine northern tributaries of Lake Okeechobee at 0.159 mg/L is an invalid exercise of legislative authority.
03-002872RP  MICCOSUKEE TRIBE OF INDIANS vs DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENVIRONMENTAL REGULATION COMMISSION  (2003)
Division of Administrative Hearings, Florida Filed: Aug. 07, 2003
Whether Proposed Rule 62-302.540, as formally noticed for adoption by the Department of Environmental Protection on July 18, 2003, is an invalid exercise of delegated legislative authority?Respondent`s proposed rule, "water quality standards for phosphorus within the Everglades Protection Area," is not an invalid exercise of delegated legislative authority.
03-002873RP  FRIENDS OF THE EVERGLADES vs DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENVIRONMENTAL REGULATION COMMISSION  (2003)
Division of Administrative Hearings, Florida Filed: Aug. 07, 2003
Whether Proposed Rule 62-302.540, as formally noticed for adoption by the Department of Environmental Protection on July 18, 2003, is an invalid exercise of delegated legislative authority?Respondent`s proposed rule, "water quality standards for phosphorus within the Everglades Protection area," is not an invalid exercise of delegated legislative authority.
03-002884RP  SUGAR CANE GROWERS COOPERATIVE OF FLORIDA vs DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2003)
Division of Administrative Hearings, Florida Filed: Aug. 07, 2003
Whether Proposed Rule 62-302.540, as formally noticed for adoption by the Department of Environmental Protection on July 18, 2003, is an invalid exercise of delegated legislative authority?Respondent`s proposed rule, "water quality standards for phosphorus within the Everglades Protection area," is not an invalid exercise of delegated legislative authority.
01-001332RP  JACQUELINE M. LANE vs DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2001)
Division of Administrative Hearings, Florida Filed: Apr. 10, 2001
Whether proposed Rule Chapter 62-303, Florida Administrative Code, which describes how the Department of Environmental Protection will exercise its authority under Section 403.067, Florida Statutes, to identify and list those surface waters in the state that are impaired for purposes of the state's total maximum daily load (commonly referred to as "TMDL") program, is an "invalid exercise of delegated legislative authority," within the meaning of Chapter 120, Florida Statutes, for the reasons asserted by Petitioners.Department`s "identification of impaired surface waters" rule is not an invalid exercise of delegated legislative authority.
01-001462RP  LINDA YOUNG vs DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2001)
Division of Administrative Hearings, Florida Filed: Apr. 13, 2001
Whether proposed Rule Chapter 62-303, Florida Administrative Code, which describes how the Department of Environmental Protection will exercise its authority under Section 403.067, Florida Statutes, to identify and list those surface waters in the state that are impaired for purposes of the state's total maximum daily load (commonly referred to as "TMDL") program, is an "invalid exercise of delegated legislative authority," within the meaning of Chapter 120, Florida Statutes, for the reasons asserted by Petitioners.Department`s "identification of impaired surface waters" rule is not an invalid exercise of delegated legislative authority.

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