STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

OVIEDO COIN LAUNDRY, )

JOHN C. ROOT, Owner, )

)

Petitioner, )

)

vs. ) CASE NO. 90-3627

) DEPARTMENT OF ENVIRONMENTAL ) REGULATION, )

)

Respondent. )

)

RECOMMENDED ORDER

RELINQUISHING JURISDICTION AND CLOSING FILE

Pursuant to notice, an administrative hearing was held before Daniel M. Kilbride, Hearing Officer with the Division of Administrative Hearings, on September 6, 1990, in Sanford, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Ellis H. Teer

Qualified Representative Teer Engineering

159 North Country Club Road Lake Mary, Florida

For Respondent: Douglas H. MacLaughlin, Esq

Assistant General Counsel Department of Environmental Regulation

Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida

PRELIMINARY STATEMENT

By application, dated September 23, 1988, Petitioner applied to Respondent for a permit to construct modifications to an existing industrial wastewater treatment/disposal system serving the Oviedo Laundry. By Final Order, dated May 16, 1990, Respondent denied the application based on omission of facts from his application and failure to assure reasonable assurance of compliance. On May 30, 1990, Petitioner filed a Petition for Administrative Proceeding disputing the facts and requested a formal hearing under Section 120.57(1), Florida Statutes. This matter was referred to the Division on June 12, 1990. The formal hearing was thereafter scheduled and was convened at the designated location for the hearing in Sanford, Florida, at 9:00 a.m., September 6, 1990.

At the hearing, Petitioner was present and orally requested that Ellis H. Teer, Teer Engineering, be recognized as his Qualified Representative. After inquiry by the Hearing Officer and voir dire by Respondent's counsel, Mr. Teer

was so recognized without objection. Petitioner testified himself and presented the testimony of Leman (Jake) Russell, P.E. and offered six exhibits in evidence. Respondent presented the testimony of two witnesses: Eugene Elliott, as an expert in the area of Industrial and Domestic Waste Water Pollution, and Ali Kazi, P.E. and offered three exhibits in evidence

A transcript was not ordered and neither party filed proposed findings of fact or conclusions of law. Subsequent to the hearing, Respondent requested by Motion, which was consented to by Petitioner, to extend the time to file proposed recommended orders in order to permit negotiations for the settlement of this matter to be carried out. The motion was granted by Order dated October 5, 1990. The Order was subsequently renewed on November 6 and December 7, 1990. On December 13, 1990, Respondent filed a Motion to Dismiss and requested that the undersigned relinquish jurisdiction to the Department and close the file of the Division of Administrative Hearings in this case on the grounds that Petitioner and Respondent have entered into a Consent Order which resolves all matters in dispute which is before the Division and therefor obviates the need for a recommended order. However, jurisdiction must be returned to the Department of Environmental Regulation in order to permit the entry of a final consent order. Rule 22I-6.033(1),(2), Florida Administrative C

In view of the foregoing, it is

ORDERED:

1. Respondent's Motion is granted and jurisdiction of this cause is relinquished to the Department of Environmental Regulation for the entry of a final Consent Order and the file of the Division of Administrative Hearings in this case is closed.

   
   

2. Each party shall bear its own costs and fees associated with this proceeding.

DONE AND ORDERED this 17th day of December, 1990, in Tallahassee, Leon County, Florida.

COPIES FURNISHED:

DANIEL M. KILBRIDE

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904)488-9675

Filed with the Clerk of the Division of Administrative Hearings this 17th day of December, 1990.

Ellis H. Teer, Qualified Representative Teer Engineering

159 North Country Club Road Lake Mary, Florida 32746

Douglas H. MacLaughlin, Esquire Assistant General Counsel Department of Environmental

Regulation

Twin Towers Office Building 2600 Blair Stone Road Tallahassee, FL 32399-2400

Dale H. Twachtmann Secretary

Department of Environmental Regulation

Twin Towers Office Building 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

Docket for Case No: 90-003627

Orders for Case No: 90-003627