STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CERTI-FINE FRUIT CO., INC., )

)

Petitioner, )

)

vs. ) CASE NO. 83-174

) STATE OF FLORIDA DEPARTMENT OF ) ENVIRONMENTAL REGULATION, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard before the Division of Administrative Bearings by its designated Bearing Officer, Michael Pearce Dodson, on May 17, 1983 in Orlando, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: James D. Phillips, President

Certi-Fine Fruit Co., Inc Post Office Box 129 Ocoee, Florida 32761

For Respondent: Dennis R. Erdley, Esquire

Assistant General Counsel

Department of Environmental Regulation 2600 Blair Stone Road

Tallahassee, Florida 32301 BACKGROUND

These proceedings began on January 7, 1983 when Certi-Fine Fruit Co., Inc., filed a Petition requesting relief from paragraph (2) of the specific conditions contained in permit #1048-63286 dated December 28, 1982. On January 17, 1983 the case was forwarded to the Division of Administrative Hearings for the assignment of a Bearing Officer and the scheduling of a final hearing. At that hearing Petitioner presented the testimony of its president, James D. Phillips, but did not offer any exhibits. Respondent presented the testimony of one witness and offered exhibits 1-5 which were received into evidence.

Subsequent to the final hearing Respondent submitted a Proposed Recommended Order containing findings of fact which have been carefully considered here. To the extent that those proposed findings are not reflected in this Order, they are rejected as being either not supported by the weight of credible admissible evidence, or as being irrelevant to the issues determined here. 1/

FINDINGS OF FACT

1. Petitioner operates a citrus fruit packing plant at 219 West Floral Street, Ocoee, Florida. In the course of processing the fruit for packing Petitioner washes the fruit and then disposes of the wash water through a disposal system including a percolation pond and settling tanks. Water eventually percolates out of the pond and into the area groundwater.

   
   

2. Petitioner's plant has previously been permitted by the Department of Environmental Regulation for wastewater disposal through a permit issued on August 2, 1977. Upon the expiration of that permit Petitioner applied for a new permit which is the one in issue here. As a specific condition of the new permit, the Department has required:

   
   

   The wastewater flow shall be measured on a daily basis. The following para-

   meters shall be monitored monthly in the effluent stream during packing plant operation.

   1. 5-day BOD

   2. pH

   3. TDS

   4. phenols

      These test results and the daily wastewater flow shall be reported to the DER, Orlando, Florida District Office no later than the 15th of the following month.

      
      

3. Mr. Phillips, the president of Petitioner, has objected to the requirements of this condition because his activity does not discharge wastewater to the surface waters of Florida. At the hearing it was explained by the Department that the purpose of the monitoring condition is to determine potential groundwater problems which may result from the operation of citrus packaging plants in the Orange County area. The Department is collecting this data with the intention of issuing specific groundwater quality control rules related to citrus processing activities.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this action. Section 120.57(1), Florida Statutes.

   
   

5. When a party applies for a pollution control permit from the Department of Environmental Regulation the Department is authorized by rule to impose certain monitoring conditions. Sections 17-4.24(1) and 17-4.07(5), Florida Administrative Code. In view of the Department's purpose in requiring the monitoring specified in condition number two of Petitioner's permit, that is the collection of data for the promulgation of groundwater quality standards for citrus industry discharges, the condition is a reasonable one.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED;

That the Department of Environmental Regulation issue a Final Order determining that specific condition number two remain a part of permit #1048- 63286 issued on December 28, 1982.

DONE and RECOMMENDED this 8th day of November, 1983, in Tallahassee, Florida.

MICHAEL P. DODSON

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 8th day of November, 1983.

ENDNOTE

1/ Sonny's Italian Restaurant v. Department of Business Regulation, 414 So.2d 1156, 1157 (Fla. 3d DCA 1982); Sierra Club v. Orlando Utilities Commission, 436

So.2d 383 (Fla. 5th DCA 1983).

COPIES FURNISHED:

James D. Phillips, President Certi-Fine Fruit Co., Inc.

Post Office Box 129 Ocoee, Florida 32761

Dennis R. Erdley, Esquire Department of Environmental Regulation

2600 Blair Stone Road Tallahassee, Florida 32301

Mary F. Smallwood, Esquire

General Counsel Victoria J. Tschinkel, Secretary Department of Environmental Department of Environmental

Regulation Regulation

2600 Blair Stone Road 2600 Blair Stone Road Tallahassee, Florida 32301 Tallahassee, Florida 32301

Docket for Case No: 83-000174

Orders for Case No: 83-000174