STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ORANGE BLOSSOM BAPTIST )

ASSOCIATION, )

)

Petitioner, )

)

vs. ) CASE NOS. 92-0944

) 92-1348

DEPARTMENT OF ENVIRONMENTAL ) REGULATION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a formal hearing in the above- styled cases on April 22, 1992, at Lake Wales, Florida.

APPEARANCES

For Petitioner: William N. Clark, P.E.

233 East Park Avenue

Lake Wales, Florida 33853

For Respondent: Francine M. Ffolkes, Esquire

2600 Blair Stone Road Tallahassee, Florida 32399-2400

STATEMENT OF THE ISSUES

Whether Petitioner was wrongfully denied general permits to construct an extension to a public water supply distribution system and to construct a waste water treatment system at a camp being constructed by Petitioner.

PRELIMINARY STATEMENT

Petitioner's applications for general permits submitted December 10, 1991, to construct an extension to a public water supply distribution system and a waste water treatment system at a camp being constructed by the Orange Blossom Baptist Association, was denied by Respondent on January 9, 1992. Petitioner requested a formal hearing to contest these denials, and these proceedings followed. At the hearing, Petitioner presented the testimony of William N. Clark, Professional Engineer, and Respondent presented the testimony of Abdul Ahmadi, Department of Environmental Regulation's water program facilities administrator. There is no dispute regarding the operative facts; accordingly, proposed findings submitted by Respondent are accepted. Those proposed findings not included below were deemed unnecessary to the conclusions reached.

Having considered all evidence presented, the following is submitted.

FINDINGS OF FACT

1. On December 11, 1991, the Department of Environmental Regulation (DER), Ft. Myers office, received applications from the Orange Blossom Baptist Association, Petitioner, submitted by its project engineer, for general permits to install an extension to provide water to, and construct a waste water treatment facility for, a camp being built by Petitioner.

   
   

2. These applications were reviewed by the Respondent, and on January 2, 1992, James Oni telephoned Petitioner's engineer to tell him the applications were incomplete and additional information was required.

   
   

3. Some of this additional information was submitted by Petitioner on January 7, 1992, but the word "vertical" was left out of the application to indicate what the 18 inch separation of the water and sewer lines represented; no pump out was provided for the lift station; the flotation formula as submitted contained a typographical error where an "s" was substituted for a "5", leaving the calculation of storage capacity of the system indeterminable; the lift station was only 4.5 feet deep and should normally be 10 feet; the configuration of the sump to insure solids would settle to the bottom was not provided, nor was the amount of concrete to be used to obtain this configuration shown; and the type of equipment to be used was not clearly shown. In summary, when submitted the application was not technically correct, and it remained technically incorrect after the additional information was submitted by the applicant.

   
   

4. General permits are required to be processed by DER within 30 days of their receipt, and if not denied within that 30 day period they must be approved regardless of their compliance with the statutes and regulations.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

   
   

6. In these proceedings, Petitioner has the burden to prove, by a preponderance of the evidence, that it is entitled to the general permits applied for. Balino v. Department of Health and Rehabilitative Services, 348 So.2d 349 (Fla. 1st DCA 1977).

   
   

7. Petitioner's notice of use of general permits for a waste water collection system and drinking water distribution system did not include engineering plans accurately depicting the proposed projects to demonstrate that they qualify for the requested general permits. See Rules 17-4.530, 17-555.330, 17-555.540, 17-604.400 and 17-604.700, Florida Administrative Code.

Accordingly, Petitioner has failed to show that it is entitled to the general use permits requested.

RECOMMENDATION

It is recommended that a Final Order be entered denying Orange Blossom Baptist Association general permits to install a waste water treatment facility and to construct an extension to a public water supply distribution system in Highlands County, Florida.

ORDERED this 6th day of May, 1992, in Tallahassee, Florida.

K. N. AYERS 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 6th day of May, 1992.

COPIES FURNISHED:

William N. Clark, P.E.

233 E. Park Avenue Lake Wales, FL 33853

Francine M. Ffolkes, Esquire Department of Environmental

Regulation

2600 Blair Stone Road Tallahassee, FL 32399-2400

Daniel H. Thompson General Counsel

Department of Environmental Regulation Twin Towers Office Building

2600 Blair Stone Road Tallahassee, FL 32399-2400

Carol Browner Secretary

Department of Environmental Regulation Twin Towers Office Building

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 contact 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.

Docket for Case No: 92-000944

Orders for Case No: 92-000944