STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

)

JOSEPH H. HEIKER, )

)

Petitioner, )

)

vs. ) CASE NO. 90-5828

) DELTONA UTILITIES, INC., and ) DEPARTMENT OF ENVIRONMENTAL ) REGULATION, )

)

Respondents. )

RECOMMENDED ORDER

In a petition dated August 6, 1990, Joseph H. Heiker (petitioner) requested a formal hearing to contest the issuance of a permit authorizing the construction of a 4 MGD reverse osmosis water treatment plant at Unit 25, Tract G, Marco Beach, Florida. Thereafter, motions to dismiss the petition were filed on behalf of respondent, Department of Environmental Regulation (DER), and respondent/appellant, Deltona Utilities, Inc. (applicant), on the ground petitioner had not alleged sufficient facts to demonstrate standing in this proceeding. After hearing argument on the motions parties on October 12, 1990, the undersigned issued an order the same date granting the motions and dismissing the petition. However, petitioner was given leave to filed an amended petition no later than October 22, 1990. That order provided further that if an amended petition was not timely filed, the dismissal would be with prejudice.

Petitioner has not filed an amended petition by the due date of October 22, 1990. Since the original petition failed to allege sufficient facts to demonstrate that petitioner's substantial interests were affected by this action, and petitioner has not filed an amended petition within the prescribed time period, it is

RECOMMENDED that a final order be entered dismissing the petition of Joseph

H. Heiker, with-prejudice.

DONE and ENTERED this 31 day of October, 1990, in Tallahassee, Florida.

DONALD ALEXANDER

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 31 day of October, 1990.

COPIES FURNISHED:

Mr. Joseph H. Heiker

311 Yarmouth Street Marco Island, FL 33937

J. Mason Williams, III, Esquire Post Office Box 3068

Orlando, FL 32802

Cecile I. Ross, Esquire Twin Towers Office Building 2600 Blair Stone Road Tallahassee, FL 32399-2400

Dale H. Twachtmann, Secretary 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 the 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 their 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: 90-005828

Orders for Case No: 90-005828