STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
TERRI SALTIEL, )
)
Petitioner, )
)
vs. ) CASE NO. 89-2752
) STATE OF FLORIDA DEPARTMENT OF ) ENVIRONMENTAL REGULATION and ) LEON COUNTY SCHOOL BOARD, )
)
Respondents. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Don W. Davis, held a formal hearing in the above- styled case on May 29-30, 1991, in Tallahassee, Florida.
APPEARANCES
For Petitioner: Terri Saltiel, pro se
7769 Deep Wood Trail Tallahassee, Florida 32311
For Respondent, Leon County
School Board: Richard A. Lotspeich, Esq.
John T. LaVia, III, Esquire
P.O. Box 271
Tallahassee, Florida 32302
For Respondent, Department Of Environmental
Regulation: Michael Donaldson, Esquire
Department of Environmental Regulation
2600 Blair Stone Road Tallahassee, Florida 32399-2400
STATEMENT OF THE ISSUES
The issue for determination is whether Respondent Leon County School Board should be issued a dredge and fill permit to excavate and backfill in connection with the installation of sewage collection system pipes beneath the Alford Arm of Lake Lafayette in Leon County.
PRELIMINARY STATEMENT
On March 31, 1989, Respondent Department of Environmental Regulation (DER) granted the City of Tallahassee, Florida, approval to use a general permit for the construction of a sewer collection system along Buck Lake Road.
On April 11, 1989, Petitioner noticed the pipes along the road side and made inquiry of DER regarding construction of the system. Thereafter, DER notified Respondent Leon County School Board (Board), the entity to be initially served by the system, that the project would cross the Alford Arm of Lake Lafayette and would require a dredge and fill permit.
On April 20, 1989, DER issued the dredge and fill permit to the Board.
Subsequently, Petitioner requested a formal administrative hearing and challenged the permit on grounds that the project posed a threat of irreparable harm to Lake Lafayette and values associated with it; that there were potential water quality impacts from potential malfunctions of the sewerage system; and that there were secondary and cumulative impacts resulting from the installation of the sewer system, including water quality and quantity impacts.
Subsequently, the matter was transferred to the Division of Administrative Hearings to conduct a formal hearing pursuant to Section 120.57(1), Florida Statutes. At the final hearing, Petitioner presented testimony of nine witnesses, including herself and 22 evidentiary exhibits. The Board presented testimony of two witnesses and six evidentiary exhibits. DER presented the testimony of one witness. The transcript of the final hearing was filed with the Division of Administrative Hearings on June 13, 1991.
In accordance with Rule 22I-6.031, Florida Administrative Code, the parties agreed to the filing of proposed findings of fact no later than July 15, 1991, thereby waiving the provisions of Rule 28-5.402, Florida Administrative Code.
By motion, Petitioner sought to extend the date for filing proposed findings for an additional 30 days. The motion was denied. Petitioner's subsequent motion for reconsideration of her motion for an extension of time was also denied.
Proposed findings of fact were timely submitted by both of the Respondent parties and are addressed in the appendix to this recommended order. No proposed findings were timely submitted by Petitioner or received by the undersigned at the time of preparation of this recommended order.
FINDINGS OF FACT
On April 13, 1989, the Board submitted a permit application to DER for the dredge and fill permit which forms the basis for this proceeding.
The project represented in the dredge and fill application consisted of installation of two sewage collection system pipes beneath the Alford Arm of Lake Lafayette. Installation would be accomplished by excavating and backfilling two trenches, each approximately 50 feet long by four feet wide by two feet deep.
The pipes to be installed in the trenches adjacent to Buck Lake Road are one 15-inch gravity main and one 14-inch force main. A total of 15 cubic yards of soil was proposed for excavation and replacement. The project area consisted of less than 100 square feet.
The Alford Arm in the project's vicinity is a canal dredged in the 1920's and 1930's. Neither the Alford Arm nor Lake Lafayette constitute Outstanding Florida Waters (OFW), instead these water bodies are Class III Waters.
On April 14, 1989, DER staff conducted an inspection of the project site, completed a permit application appraisal of the project, and issued permit no. 371633191 for the project. On the same day, the permit was withdrawn when it was discovered that the document had been signed by an unauthorized official.
On April 20, 1989, DER again issued permit no. 371633191 to the Board for the project. The dredging, pipe installation, and backfilling were subsequently completed.
Water Quality
Since the dredging and filling could potentially produce short-term turbidity in the Alford Arm as a result of sediment entering the water, a specific condition of the permit required the placement of a row of staked hay bales downstream from the project site prior to construction and thereafter until re- vegetation of the site had occurred.
By compliance with this turbidity control measure, reasonable assurance was provided by the Board that violations of state water quality standards would not result from the project construction. The project did not cause any violations of DER water quality criteria for turbidity or any other water quality criteria.
Numerous technological advances and safeguards built into the sewer lines and lift stations make probability of any leakage very remote. Petitioner's concern with regard to potential for leakage from the collection system lines and the lift stations to cause water quality problems in the Alford Arm is not supported by any competent substantial evidence of record regarding statistical frequency and probability of such occurrences. Further, there is no such evidence of infirmities regarding design soundness or the functional history of the pipe used in the project.
Public Interest
DER evaluated the project in accordance with the criteria of Section 403.918(2), Florida Statutes, prior to issuance of the permit. Another review has now been completed approximately two years after completion of the project.
The project has not and will not cause any adverse impacts on public health, safety, welfare, or property of others. Likewise, the project has not caused adverse impacts on significant historical or archaeological resources.
Similarly, no adverse impacts on the conservation of fish or wildlife, including endangered or threatened species or their habitats has or will result from the project. Interestingly, woodstorks have been observed feeding in the very vicinity of the project as recently as May 28, 1991, more than two years after completion of the project.
No adverse impacts have or will be visited upon navigation or flow of the water. No harmful erosion or shoaling has or will result from the project.
The project has not and will not cause any adverse impacts on fishing, recreational values or marine productivity in the vicinity of the project.
The impacts of this dredge and fill project were temporary. The dredged and filled area has re-vegetated with the same species, pickerelweed and smartweed. Wetland functions of the site that existed prior to the project were minimal and have been re-established.
Cumulative And Secondary Impacts
Cumulative impacts from similar projects were not evidenced at the final hearing. There are no projects proposed which are closely linked or causally related to the dredge and fill project. The only non-speculative secondary impact from the project was possible leakage of wastewater from the collection system lines and lift station. The probability of such leakage is very low. Particularly in view of the geographical area, engineering design and manufacture of the pipes and waste collection system, such probability is speculative and minimal or non-existent in the absence of competent substantial evidence regarding statistical frequency of such an event.
The construction of the sewage collection system with which the project is associated is a result of growth in the geographic area. While the project has not been established to induce growth in the area, such development would not affect Lake Lafayette since the collection system currently installed has a 400 gallon per minute capability, or the ability to serve 400 residential connections.
Prior to issuance of the dredge and fill permit, 800 existing residential lots were platted along Buck Lake Road within two miles east and two miles west of the project site. Since the system could be upgraded to accommodate 1600 residential units, the potential increase that could result from the project in any event is an additional 800 residential units. If these additional residences are built at the very high density of one per quarter acre, these lots would cover only approximately two-thirds of a square mile or less than one percent of the Lake Lafayette drainage basin of approximately 80 square miles. Such development would have no measurable impact on Lake Lafayette.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties and the subject matter. Section 120.57(1), Florida Statutes.
The burden is upon the Board, as the permit applicant, to establish entitlement to permit number 371633191. Florida Department of Transportation v.
J. W. C. Company, Inc., 396 So.2d 778 (Fla. 1st DCA 1981).
Section 403.918(1), Florida Statutes, requires the provision of reasonable assurances by an applicant for a dredge and fill permit that DER's water quality standards will not be violated.
The Board not only provided reasonable assurances that water quality standards would not be violated, the actual construction of the project affirmatively shows that there were no violations. Furthermore, the very remote possibility of leakage of sewage was not supported by any competent substantial evidence regarding statistical frequency or probability of any leakage of sewage from the subject lines.
An applicant for a dredge and fill permit for a project located in Class III waters must provide reasonable assurance that the project is not contrary to the public interest, balancing the criteria contained in Section 403.918(2)(a), Florida Statutes. That criteria requires and the proof establishes that the project has not and will not adversely affect public health, safety, safety, welfare or property of others; has not and will not affect conservation of fish, wildlife or threatened and endangered species or their habitats; has not and will not adversely impact navigation, flow of water or cause harmful erosion or shoaling; has not or will not adversely affect fishing, recreational values in the vicinity or marine productivity; will not adversely impact significant historical or archaeological resources; and, since they are already re-established, that current condition and relative value of functions performed by wetlands in the area be unimpaired.
Petitioner's arguments at the final hearing that the dredging and filling will result in increased development, in terms of intensity and density, in the Lake Lafayette watershed, is unpersuasive. In this case there are no such activities closely or causally linked to the project. [Cf. The Conservancy, Inc. v. A. Vernon Allen Building, Inc., 16 Fla. L.W. D834 (1st DCA, Case No. 90- 520, Opinion filed March 29, 1991) wherein the court concluded that a development which was specifically contemplated and was not speculative was closely linked and causally related to proposed dredging and filling to install a sewage pipeline.]
The Board has affirmatively provided the Department with "reasonable assurance" that the project which is the subject of the permit application meets applicable requirements.
Based on the foregoing, it is hereby recommended that a Final Order be entered approving the issuance of permit number 371633191 to the Board.
RECOMMENDED this 9th day of August, 1991, in Tallahassee, Leon County, Florida.
DON W.DAVIS
Hearing Officer
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Fl 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 9th day of August, 1989.
APPENDIX TO RECOMMENDED ORDER, CASE NO. 89-2752
The following constitutes my specific rulings, in accordance with Section 120.59, Florida Statutes, on findings of fact submitted by the parties.
Petitioner's Proposed Findings. None Submitted.
Respondent Board's Proposed Findings:
1.-17. Adopted in substance.
Respondent Department's Proposed Findings:
1.-24. Adopted in substance.
COPIES FURNISHED:
Terri Saltiel
7769 Deep Wood Trail Tallahassee, FL 32311
Richard A. Lotspeich, Esq. John T. LaVia, III, Esq.
P.O. Box 271 Tallahassee, FL 32302
Michael Donaldson, Esq. Department of Environmental
Regulation
2600 Blair Stone Road Tallahassee, FL 32399-2400
Carol Browner, Secretary Department of Environmental
Regulation
2600 Blair Stone Road Tallahassee, FL 32399-2400
Daniel H. Thompson, Esq. General Counsel
Department of Environmental Regulation
2600 Blair Stone Road Tallahassee, FL 32399-2400
NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
All parties have the right to submit written exceptions to this recommended order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should consult with the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this recommended order. Any exceptions to this recommended order should be filed with the agency that will issue the final order in this case.
=================================================================
AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
TERRI SALTIEL,
Petitioner,
DOAH CASE NO.: 89-2752
vs. DER CASE NO.: 89-0480
LEON COUNTY SCHOOL BOARD and STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION,
Respondents.
/
FINAL ORDER
On August 9, 1991, a Hearing Officer from the Division of Administrative Hearings (DOAH) submitted to me and all parties his Recommended Order, a copy of which is attached as Exhibit A. On August 23 Respondent Leon County School Board (the Board) timely filed exceptions to the Recommended Order. On August 26 Petitioner, Terri Saltiel, timely filed exceptions to the Recommended Order. On September 9 Respondent Department of Environmental Regulation (the Department) timely filed a response to Petitioner's exceptions. The matter thereafter came before me as Secretary of the Department for final agency action.
On April 20, 1989, the Department issued a dredge and fill permit to the Board for the construction of two sewage collection system pipes beneath the Alford Arm of Lake Lafayette. Petitioner subsequently requested a formal determination of this case. For these reasons, Petitioner's exceptions are rejected. Petitioner's Exceptions to Findings of Fact Nos. 5 and 6
Petitioner does not suggest that any part of these findings is inaccurate, but rather suggests that additional language regarding notice requirements and the timing of the dredging and filling should have been included. For reasons discussed below in my rulings on Petitioner's miscellaneous exceptions, I find that this additional language should not have been added, and I therefore reject these exceptions.
Petitioner's Exception to Finding of Fact No. 8
Petitioner excepts to the finding that no violations of water quality standards for turbidity occurred during construction of the project. While the record shows that some siltation did occur, it also shows that the siltation did not result in any water quality violations. The Hearing Officer's finding is supported by competent substantial evidence, and the exception is therefore rejected.
Petitioner's Exception to Finding of Fact No. 9
Petitioner takes exception to the finding that the probability of leakage from the sewer lines is very remote. While the record does show that failures have occurred in other parts of the City of Tallahassee's sewer collection system, the Hearing Officer found that there was no creditable evidence that similar failures were likely in the the Department is not at liberty to reweigh the evidence.
For this reason, the exception is rejected.
Petitioner's Exceptions to Findings of Fact Nos. 11 - 14
Petitioner takes exception to the findings that the project would have no adverse impacts on certain of the public interest criteria specified in Section 403.918(2), F.S. Specifically, Petitioner argues that the project will cause adverse effects on her property as well as the property of others, through increased flooding, increased stormwater pollution loading, and sewage discharges into Lake Lafayette. While Petitioner cites to contrary evidence, the record shows that these findings are supported by competent substantial evidence. For this reason, these exceptions are rejected.
Petitioner's Exception to Finding of Fact No. 15
Petitioner takes exception to the finding that the wetland functions of the site that existed prior to the project were minimal, arguing that the "site" should include all of Lake Lafayette, not just the area directly impacted by the dredge and fill project. Petitioner also takes exception to the finding that the impacts of the project are temporary. It is true that the sewage collection pipes are intended to be permanent, and few would suggest that the wetland functions of Lake Lafayette are minimal. However, it is clear from the context of this finding that the Hearing Officer was referring only to the direct impacts of the existing development. These findings are supported by competent substantial evidence, and Petitioner's exceptions to these statements are rejected.
Petitioner does not cite to any evidence which would directly contradict these findings, but does cite evidence which indicates that further development in the area could be served by the sewage collection system. To be considered as a secondary impact, however, such development must be more than merely a possibility. The Hearing Officer found, and I accept, that non-speculative cumulative and secondary impacts are not associated with this project. See The Conservancy, Inc. v. A. Vernon Allen Builder, Inc., 16 F.L.W. D834 (1st DCA, Case No. 90-520, Opinion filed March 29, 1991); J.T. McCormick v. City of Jacksonville, 12 FALR 960, 980-981 (DER Final Order January 22, 1991). However, the Hearing Officer also made findings in the last sentence of Finding of Fact
17 and in Finding of Fact 18 which discuss the possibility of future development in the area, and he concludes that such development would have no impact on Lake Lafayette. While such findings have some support in the record, I find that they are essentially speculative in nature, and are immaterial to the final outcome of this case. To the extent, then, that Petitioner excepts to these findings, the exceptions are accepted, and the Recommended Order is modified to delete Finding of Fact No. 18, and that portion Hearing Officer found, that the Department did this and could identify no such cumulative impacts. Nor did Petitioner present evidence which demonstrated that other similar projects existed or were reasonably expected.
The Department's policy with regard to secondary impacts is clearly set forth in J.T. McCormick v. City of Jacksonville, 12 FALR 960, 980-981 (DER Final Order January 22, 1991). In examining a particular project, the Department is to look at the actual jurisdictional area to be dredged and filled, and any other relevant activities that are very closely linked or causally related to the proposed dredging and filling. Id. at 980. In this case, the evidence established and the Hearing Officer concluded that there are no activities which are "very closely linked or causally related" to the construction of the project under consideration. While Petitioner has argued that the proposed dredging and filling could facilitate increased density and intensity of development in the Lake Lafayette watershed, the Hearing Officer concluded that Petitioner failed to identify any non-speculative relevant activity that was closely linked or causally related to the construction of the project. This conclusion conforms to the standard set forth in McCormick and in The Conservancy, Inc. v. A. Vernon Allen Builder, Inc., 16 F.L.W. D834 (1st DCA, Case No. 90-520, Opinion filed March 29, 1991). For these reasons, Petitioner's exception assertion that she is entitled to a point of entry to contest a project authorized under a general permit is therefore rejected. At any rate, it should be noted that in City of Bradenton v. Amerifirst Development Corp., 582 So.2d. 166 (Fla. 2nd DCA July 10, 1991), the court held that a project authorized by general permit was accomplished without agency action and without a point of entry to a third party to initiate a formal administrative proceeding. I conclude that the principle set forth by the court in City of Bradenton is the correct standard to be applied in the case of general permits. There is no point of entry for a third party to challenge a project authorized by general permit as there is no agency action to challenge.
Petitioner also objects to the Hearing Officer's lack of a conclusion of law regarding whether the Board should have been required pursuant to Rule 17- 103.150, F.A.C., to publish notice of the Department's Intent to Issue. Since the Petitioner did utilize a point of entry to challenge the Department's decision, the issue of whether publication is required is moot. The exception is rejected.
Finally, Petitioner takes exception to the Hearing Officer's failure to conclude that the Department should have taken enforcement action against the Board. The issue of the Department's enforcement discretion is irrelevant to the issue presented in this case. If the Department had participated in the proceeding for improper purpose; it requested him to make a determination that Petitioner participated in the proceeding for improper purposes. The Hearing Officer's August 8, 1991 Order denying the motion therefore implicitly finds that Petitioner did not participate in the proceeding for an improper purpose. Section 120.59(6) only allows an award of costs and reasonable attorneys fees to the prevailing party where the nonprevailing adverse party has been determined by the Hearing Officer to have participated in the proceeding for an improper purpose. The statute does not require additional or subsidiary findings of fact to support a Hearing Officer's determination that a party did not participate in the proceeding for an improper purpose. In the absence of such an express statutory directive, I am unwilling to impose one by Order. Furthermore, it is not significant that the Hearing Officer's determination of no improper purpose occurs in a separate order entered in response to a motion rather than in the Recommended Order. The record before me does not demonstrate that the Hearing Officer committed procedural error in the manner in which he handled the Board's request to recommend an award of attorney's fees and costs against petitioner.
The Board also argues that I should evaluate the entire record and make my own determination that Petitioner [and] the many motions for reconsideration"
filed by Petitioner. I note from reviewing the record that many of these continuances and requests for extensions of time were agreed to or unopposed by the Board; and in any event, it is difficult to imagine any significant prejudice to the Board from such delays in view of the fact that the entire dredge and fill project was completed by the Board approximately two years prior to the hearing in this matter, evidently unaffected by the filing of Petitioner's administrative challenge to the permit.
For the foregoing reasons, the exceptions filed by Leon County School Board in this matter are rejected.
Having considered the Recommended Order, the exceptions and responses thereto, and the other pleading and documents submitted in this case.
IT IS ORDERED
The Hearing Officer's Recommended Order is adopted in its entirety, except as modified by my rulings on Findings of Fact Nos. 17 and 18 contained herein.
The Department shall issue permit no. 371633191 to the Leon County School Board.
Any party to this Order has the right to seek judicial review of the Order pursuant to Section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the clerk of the Department in the Office of General Counsel, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this Order is filed with the clerk of the Department.
DONE and ORDERED this 23rd day of September, 1991, in Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION
CAROL M. BROWNER, Secretary Twin Towers Office Building 2600 Blairstone Road
Tallahassee, FL 32399-2400
(904) 488-9730
FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing was mailed this 23 day of September, 1991, to: Don W. Davis, Hearing Officer, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, FL 32399- 1550; Ann Cole, Clerk, Division of Administrative Hearings; Terry Saltiel, 7769 Deep Wood Trail, Tallahassee, FL 32311; and Richard Lotspeich, P.O. Box 271, Tallahassee, FL 32302.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION
DANIEL H. THOMPSON
General Counsel
================================================================= DISTRICT COURT OPINION
=================================================================
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
TERRI SALTIEL, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 91-2823
DOAH CASE NO. 89-2752
LEON COUNTY SCHOOL BOARD and STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION,
Appellees.
/ Opinion filed May 17, 1994.
An appeal from an order of the Division of Administrative Hearings. Terri Saltiel, Tallahassee, pro se, for Appellant. No appearance, for Appellees.
PER CURIAM
AFFIRMED.
SMITH, LAWRENCE and BENTON, JJ., CONCUR.
M A N D A T E
From
DISTRICT COURT OF APPEAL OF FLORIDA FIRST DISTRICT
To the Honorable, Don W. Davis, Hearing Officer
Division of Administrative Hearings WHEREAS, in that certain cause filed in this Court styled:
TERRY SALTIEL
vs.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION AND LEON COUNTY SCHOOL BOARD
Case No. 91-2823
Your Case No. 89-2752
The attached opinion was rendered on May 17, 1994,
YOU ARE HEREBY COMMANDED that further proceedings be had in accordance with said opinion, the rules of this Court and the laws of the State of Florida.
WITNESS the Honorable E. Earle Zehmer
Chief Judge of the District Court of Appeal of Florida, First District and the Seal of said court at Tallahassee, the Capitol, on this 2nd day of June, 1994.
Clerk, District Court of Appeal of Florida, First District
| Issue Date | Proceedings |
|---|---|
| Mar. 24, 1993 | Index to record on appeal and clarification(from Terri Saltiel) filed. |
| Feb. 24, 1993 | BY ORDER OF THE COURT: (from First DCA) filed. |
| Feb. 11, 1993 | Index, Record, Certificate of Record sent out. |
| Feb. 11, 1993 | Index & Statement of Service (Terri Saltiel is to pay the indexing fee of $74.00) sent out. |
| Jan. 15, 1993 | Directions to Clerk (filed by Terry Saltiel) filed. |
| Dec. 31, 1992 | Motion for extension of time to comply with court's order to show cause(Terri Saltiel) filed. |
| Dec. 22, 1992 | 1st DCA Order to Show Cause filed. |
| Sep. 24, 1991 | Final Order filed. |
| Sep. 11, 1991 | Letter to DOAH from DCA filed. DCA Case No. 1-91-2823. |
| Sep. 06, 1991 | AGENCY APPEAL, ONCE THE RETENTION SCHEDULE OF -KEEP ONE YEAR AFTER CLOSURE- IS MET, CASE FILE IS RETURNED TO AGENCY GENERAL COUNSEL. -ac |
| Sep. 05, 1991 | Petitioner's Composite Exhibit No. 14 returned to agency this date -ac. |
| Aug. 09, 1991 | Recommended Order sent out. CASE CLOSED. Hearing held 05/29/91. |
| Aug. 09, 1991 | Case No/s:91-2752 unconsolidated. |
| Aug. 08, 1991 | Order on Motion for Adjudication of Reasonable Fees for Deposition Testimony of Expert Witnesses sent out. |
| Aug. 08, 1991 | Order sent out. (RE: Rulings on Motions). |
| Aug. 08, 1991 | (Petitioner) Motion For Extension of Time to Respond to Leon County School Board's Motion For Determination of Improper Purposes and Award of Attorney's Fees filed. (From Terri Saltiel) |
| Jul. 25, 1991 | (Petitioner) Motion For Reconsideration & attachment filed. (From Terri Saltiel) |
| Jul. 23, 1991 | Leon County School Board's Motion For Determination of Improper Purposes and Award of Attorney's Fees and Costs filed. (From Richard Lotspeich) |
| Jul. 19, 1991 | Letter to Whom It May Concern from J. Orson Smith (re: extension of time) filed. |
| Jul. 16, 1991 | Order sent out. (Re: Motion for Extension of Time for Filing ProposedRecommended Order, denied). |
| Jul. 15, 1991 | Proposed Recommended Order of Respondent State of Florida Department of Enviromental Regulation filed. |
| Jul. 15, 1991 | Proposed Recommended Order of Leon County School Board filed. |
| Jul. 15, 1991 | (Petitioner) Motion For Extension of time For Filing Proposed Recommended Order filed. (From Terri Saltiel) |
| Jul. 05, 1991 | CC Correction Sheets from Both Parties filed. (From R. Darlene Pino) |
| Jul. 01, 1991 | Letter to C. Wilkinson from T. Saltiel (re: errors in transcript) filed. |
| Jun. 25, 1991 | Motion to File Amended Memorandum of Law and Response to Board's Amended Response Accompanying Letter to Hearing Officer Dated June 13, 1991; Affidavit of Terri Saltiel; Motion to Amend Memorandum of Law And Response to Board's Memorandum of Law Dated Jun |
| Jun. 21, 1991 | Subpoena Duces Tecum w/Affidavit filed. (From Teri Saltiel) |
| Jun. 19, 1991 | Letter to Catherine Wilkinson from Richard A. Lotspeich (re: Transcript of final hearing) filed. |
| Jun. 14, 1991 | Motion to Amend Memorandum of Law w/Exhibit-4 filed. (From Terri Saltiel) |
| Jun. 13, 1991 | (Petitioner) Motion to Amend Memorandum of Law w/exhibits 4-6 filed. (From Terri Saltiel) |
| Jun. 13, 1991 | Transcript (2 Vols) filed. |
| Jun. 13, 1991 | (Respondent) Amended Response to Petitioner's Memorandum of Law & attachments filed. (From Richard A. Lotspeich) |
| Jun. 12, 1991 | Response to Petitioner's Memorandum of Law w/Exhibit-A filed. (from Richard A. Lotspeich) |
| Jun. 07, 1991 | Petitioner's Memorandum of Law w/exhibits 1-3 filed. (From Terri Saltiel) |
| Jun. 07, 1991 | Memorandum of Law of Respondent Leon County School Board filed. (fromRichard A. Lotspeich) |
| Jun. 03, 1991 | (3) Subpoena Duces Tecum; (3) Notice of Service filed. |
| May 30, 1991 | Subpoena Ad Testificandum; Notice of Service filed. |
| May 29, 1991 | CASE STATUS: Hearing Held. |
| May 29, 1991 | (5) Subpoena Duces Tecum filed. |
| May 22, 1991 | (Petitioner) Notice of Adding Witnesses filed. (From Terri Saltiel) |
| May 21, 1991 | (DER) Motion to Hold Record Open filed. (From Michael P. Donaldson) |
| Feb. 26, 1991 | Order Granting Continuance and Rescheduling Hearing sent out. (hearing rescheduled for 5/29/91; at 9:30am; in Talla) |
| Feb. 22, 1991 | (Petitioner) Motion for Continuance of Final Hearing filed. |
| Nov. 20, 1990 | Order (Final Hearing set for Feb. 26, 1991: 9:30 am: Tallahassee) sent out. |
| Nov. 07, 1990 | Order Granting Continuance and Setting Telephonic Conference (Set for11-19-90: 9:30 am) sent out. (Final Hearing cancelled). |
| Nov. 05, 1990 | (Petitioner) Motion for Continuance filed. |
| Oct. 22, 1990 | Order (Evidentiary Hearing set for Nov. 8-9, 1990) sent out. |
| Oct. 16, 1990 | (Petitioner) Certificate of Service; Motion to Amend Petitioner's Response to Board's Response to Motion For Adjudication of Reasonable Fees filed. (From Terri Saltiel) |
| Oct. 15, 1990 | Petitioner's Response to Respondent Board's Response to Motion For Adjudication of Reasonable Fees filed. (from Terri Saltiel) |
| Oct. 05, 1990 | (Respondent) Response to Plaintiff's Motion For Adjudication of Reasonable Fees filed. (From Richard A. Lotspeich) |
| Sep. 24, 1990 | (Petitioner) Motion For Adudication of Reasonable Fees w/exhibit-A-D filed. (From Terri Saltiel) |
| Jul. 31, 1990 | Order of Continuance and Rescheduling Hearing sent out. (hearing rescheduled for Nov 8-9, 1990; 9:00am; Talla) |
| Jul. 06, 1990 | Notice of Hearing sent out. (hearing set for Oct 30-31, 1990; 9:00am; Talla) |
| Jun. 29, 1990 | Notice of Mutually Agreeable Dates For Rescheduling of Hearing filed.(From Terri Saltiel) |
| Jun. 18, 1990 | Order of Continuance sent out. (case is cont and parties shall advisethe HO of the status no later than 6-29-90) |
| Jun. 15, 1990 | Letter to WRC from N. Obaugh (4 Sub's Duces Tecum (unserved found at Security First) filed. . |
| Jun. 15, 1990 | (petitioner) Motion for Continuance filed. (from Terri Saltiel) |
| Jun. 11, 1990 | Subpoena Duces Tecum filed. |
| Jun. 08, 1990 | 4 Subpoena Duces Tecum filed. |
| Jun. 04, 1990 | Order Denying Motion to Vacate sent out. |
| May 24, 1990 | (Petitioner) Motion to Vacant filed. (from Terri Saltiel) |
| May 22, 1990 | Order Denying Amended Motion for Clarification sent out. |
| May 21, 1990 | Order sent out. (Petitioner's Motion for Clarification is denied) |
| May 21, 1990 | (petitioner) Amended Motion for Clarification; Order (for HO signature) filed. |
| May 18, 1990 | (petitioner) Motion for Clarification filed. |
| May 16, 1990 | Order sent out. |
| May 16, 1990 | Order sent out. (Motion to Quash is granted) |
| May 16, 1990 | Order of Continuance and Rescheduling Hearing sent out. (hearing rescheduled for June 25-26, 1990; 9:00; Talla) |
| May 14, 1990 | Subpoena Duces Tecum (10) filed. (from T. Saltiel). |
| May 14, 1990 | (DER) Motion to Quash Subpoena w/attached Subpoena Duces Tecum filed.(from Michael P. Donaldson) |
| May 11, 1990 | (DER) Motion to Quash Subpoena w/Subpona Duces Tecum & Affidavit filed. (from Michael P. Donaldson) |
| May 11, 1990 | (DER) Response to Petitioner's Motion For Continuance filed. |
| May 11, 1990 | (Petitioner) Motion for Continuance filed. (from Terri Saltiel) |
| May 10, 1990 | (petitioner) Notice of Service of Request for Production of Record filed. |
| May 09, 1990 | Order sent out. (Dept.'s Motion for Protective Order is denied) |
| May 09, 1990 | Order sent out. (Pet.'s Motion for Reconsideration of Order Denying Motion to Add Party is denied) |
| May 08, 1990 | (Petitioner) Notice of Adding Witness filed. (from Terri Saltiel) |
| May 07, 1990 | (Respondent) Response to Petitioner's Response to Respondent's MotionFor Protective Order filed. (from Michael Donaldson) |
| May 07, 1990 | (petitioner) Motion to Amend Response to Motion for Protective Order rec'd |
| May 04, 1990 | (Petitioner) Motion to Amend Amended Exhibit A-2 to Pre Hearing Stipulation filed. (from Terri Saltiel) |
| May 04, 1990 | Leon County School Board's Second Motion in Limine filed. |
| Apr. 30, 1990 | (Petitioner) Notice of Service filed. |
| Apr. 30, 1990 | (Respondent) Motion For Protective Order filed. (from Michael P. Donaldson) |
| Apr. 26, 1990 | (Petitioner) Notice of Taking Deposition Duces Tecum filed. |
| Apr. 23, 1990 | (Petitioner) Notice of Filing Amended Exhibits to Prehearing Stipulation filed. |
| Apr. 20, 1990 | (Petitioner) Motion For Reconsideration of Order Denying Motion to Add Party filed. |
| Apr. 16, 1990 | Order Denying Motion to Add Party sent out. |
| Apr. 16, 1990 | Reply to Department's Response to Opposition to Petitioner's Motion to Add Party filed. |
| Apr. 13, 1990 | (Petitioner) Notice of Taking Deposition Duces Tecum filed. |
| Apr. 09, 1990 | Department's Response in Opposition to Petitioner's Motion to Add Party filed. |
| Apr. 05, 1990 | (petitioner) Notice of Taking Deposition Duces Tecum filed. |
| Apr. 03, 1990 | (Petitioner) Notice of Taking Deposition Duces Tecum filed. |
| Apr. 02, 1990 | (Petitioner) Motion to Add Party & Exhibits A&B filed. |
| Mar. 20, 1990 | (Leon County School Board) Notice of Taking Deposition Duces Tecum filed. |
| Mar. 19, 1990 | (Respondent) Notice of Serving Request to Supplement Answers to Second Interrogatories filed. |
| Mar. 16, 1990 | (Petitioner) Prehearing Stipulation & attachments filed. |
| Mar. 14, 1990 | Order Amending Amended Order Establishing Prehearing Procedure sent out. |
| Mar. 14, 1990 | Order(Petitioners Motion for Reconsideration of Order Partially Granting Joint Motion in Limeine and Partially Granting Motion to Amend is DENIED) sent out. |
| Feb. 28, 1990 | Order of Continuance and Rescheduling Hearing sent out. (hearing rescheduled for May 15 and 16, 1990; 9:00; Talla) |
| Feb. 26, 1990 | Peitioner's Motion For Reconsideration of Order Partially Granting Joint Motion in Limine and Partially Granting Motion to Amend filed. |
| Feb. 23, 1990 | Subpoena Duces Tecum (3) filed. |
| Feb. 19, 1990 | Order Partially Granting Joint Motion in Limine and Partially Granting Motion to Amend sent out. |
| Feb. 19, 1990 | Order of Clarification sent out. |
| Feb. 19, 1990 | Certificate of Service (from Terri Saltiel) filed. |
| Feb. 15, 1990 | Motion For Clarification of Amended Order Establishing Prehearing Procedures filed. |
| Feb. 06, 1990 | (Respondent) Notice of Appearance filed. |
| Jan. 17, 1990 | Department's Response to Petitioner's Motion to Compel filed. |
| Jan. 16, 1990 | Motion to Include Amendment to Petition Dated July 21, 1989 in the Record W/Exhibit-A filed. |
| Jan. 10, 1990 | Exhibit 5&6 filed. |
| Jan. 09, 1990 | Petitioner's Response to Joint Motion in Limine filed. |
| Jan. 09, 1990 | Petitioner's Response to Joint Motion in Limine w/Exhibits 1-4 filed. |
| Jan. 05, 1990 | Notice of Appearance and Substitution of Counsel; Terri Saltiel's First Interrogatories to Respondent Florida Department of Enviromental Regulation (DER); Response to Petitioner's First Set of Interrogatories filed. |
| Jan. 03, 1990 | Order(Florida Gas Transmission's request to deny Petitioner's Petition for Formal Admin. Hearing is DENIED) sent out. |
| Jan. 03, 1990 | Amended Order Establishing Prehearing Procedures(Prehearing stips dueby 02/19/90) sent out. |
| Jan. 03, 1990 | Amended Notice of Hearing sent out. (hearing set for 3/5-6/89; 9:00 am; Tallahassee) |
| Jan. 03, 1990 | Order (Petitioner's Motion for Extension of Time GRANTED) sent out. |
| Jan. 03, 1990 | Order of Consolidation and Continuance sent out. Consolidated case are: 89-2752 and 89-5907. |
| Jan. 03, 1990 | Order Compelling Answers to Interrogatories sent out. |
| Dec. 27, 1989 | Motion to Correct Error in Petitioner's Motion for Extension of Time to Respond to Motion in Limine filed. |
| Dec. 26, 1989 | Petitioner's Motion for Extension of Time to Respond to Joint Motion in Limine filed. |
| Dec. 19, 1989 | Motion to Compel Response to Petitioner's Interrogatories filed. |
| Dec. 18, 1989 | Notice of Service filed. |
| Dec. 18, 1989 | Leon County School Board's Response to Motion to Consolidate and Extend Time filed. |
| Dec. 15, 1989 | Joint Motion in Limine w/exhibits A&B filed. |
| Dec. 11, 1989 | Motion to Consolidate and Extend Time filed. |
| Dec. 08, 1989 | Notice of Service of Ansers to Terri Saltiel's First Interrogatories to Respodnent Leon County School Board (Board) filed. |
| Dec. 05, 1989 | Department's Response to Petitioner's Request for Admissions filed. |
| Dec. 01, 1989 | Letter to WRC from T. Saltiel (re: Ltr dated November 17, 1989) filed. |
| Nov. 21, 1989 | Notice of Service Request for Admissions filed. |
| Nov. 17, 1989 | Letter to T. Saltiel from WRC sent out. |
| Nov. 13, 1989 | Notice of Service of Second Interrogatories filed. |
| Nov. 09, 1989 | Notice of Service of Petitioner's First Interrogatories filed. |
| Oct. 24, 1989 | Order Establishing Prehearing Procedures sent out. |
| Oct. 19, 1989 | Notice of Hearing sent out. (hearing set for Jan. 10-11, 1990; 9:00;Talla) |
| Oct. 17, 1989 | Respnse to Order Dated October 3rd, 1989 filed. |
| Oct. 03, 1989 | Order sent out. (Order of Dismissal With Leave To Amend dated 7-24-89is vacated and the Motion to Dismiss filed by Resp.) |
| Sep. 29, 1989 | Notice of Filing Amended Response to Hearing Officer's Order of September 7, 1989 filed. |
| Sep. 28, 1989 | Amended Response to Order filed. |
| Sep. 20, 1989 | Response to Order of September 7, 1989 W/Exhibits A&B filed. |
| Sep. 19, 1989 | Order Denying Motion to Clarify Order of September 7, 1989 sent out. |
| Sep. 18, 1989 | Motion to Clarify Order of September 7, 1989 filed. |
| Sep. 07, 1989 | Order sent out. (Re: Motion to Dismiss) |
| Aug. 31, 1989 | Motionto Amend Petitioner's Memorandum of Law filed. |
| Aug. 30, 1989 | Department of Environmental Regulation's Response to Request for LEgal Memorandum w/exhibits A--C filed. |
| Aug. 28, 1989 | Department of Environmental Regulation's Response to Request for Legal Memorandum filed. |
| Aug. 28, 1989 | Petitioner's Memornadum of Law filed. |
| Aug. 25, 1989 | Memorandum of Law of Respondent Leon County School Board filed. |
| Aug. 16, 1989 | Notice of Filing Attachment to Petition for a Formal Administrative Hearing & attachment filed. |
| Aug. 14, 1989 | Response to Repsonse to Motion to Vacate filed. |
| Aug. 09, 1989 | Motion for Reconsideration filed. |
| Aug. 08, 1989 | Order staying the time to comply with the order of dismissal with leave to amend sent out. |
| Aug. 08, 1989 | Notice of Hearing sent out. (hearing set for 08/16/89;2:PM;Tallahassee) |
| Aug. 08, 1989 | Response to Leon County School Bd's First Interrogs. to Petitioner; Notice of Service filed. |
| Aug. 08, 1989 | Let rot C. Forthman from T. Saltiel filed. |
| Aug. 08, 1989 | Response to Motion to Vacate filed. |
| Aug. 04, 1989 | Motion to Vacate filed. |
| Jul. 25, 1989 | Amended Petition for an Administrative Hearing filed. |
| Jul. 24, 1989 | Order of Dismissal with Leave to Amend sent out. |
| Jul. 06, 1989 | (School Bd) Notice of Service of Interrogatories filed. |
| Jul. 06, 1989 | (respondent) Request for Admissions filed. |
| Jun. 15, 1989 | Letter to WRC from T. Saltiel filed. |
| Jun. 12, 1989 | CC Letter to WRC from T. Saltiel (re: Order dated June 7, 1989) filed. |
| Jun. 12, 1989 | Response to Prehearing Order filed. |
| Jun. 09, 1989 | Memorandun of Law in Support of Respondent Leon County School Board'sMotion to Dismiss filed. |
| Jun. 07, 1989 | Notice of Appearance filed. |
| Jun. 01, 1989 | Initial Order issued. |
| May 24, 1989 | Request for Assignment of Hearing Officer and Notice of Preservation of Record; Request for formal hearing;Notice of permit; filed. |
| Issue Date | Document | Summary |
|---|---|---|
| May 17, 1994 | Opinion | |
| Sep. 23, 1991 | Agency Final Order | |
| Aug. 09, 1991 | Recommended Order | Leon County should be issued a dredge and fill permit in connection with sewage pipe collection system installation under Class 3 waters. |
