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KERRY CULLIGAN AND MARY PUESCHEL STUDSTILL vs ESCAMBIA COUNTY UTILITIES AUTHORITY AND DEPARTMENT OF ENVIRONMENTAL PROTECTION, 00-004047 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-004047 Visitors: 12
Petitioner: KERRY CULLIGAN AND MARY PUESCHEL STUDSTILL
Respondent: ESCAMBIA COUNTY UTILITIES AUTHORITY AND DEPARTMENT OF ENVIRONMENTAL PROTECTION
Judges: D. R. ALEXANDER
Agency: Department of Environmental Protection
Locations: Pensacola, Florida
Filed: Oct. 02, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, December 18, 2000.

Latest Update: Jan. 26, 2001
a /2-/[¢ - STATE OF FLORIDA J “ "DEPARTMENT OF ENVIRONMENTAL prorecTioN AN 26 PMT: 53 KERRY CULLIGAN, MARY PUESCHEL ) STUDSTILL, and CHRIS ENGLERT, ) ) Petitioners, ) oe ; ) OGC CASE NOs. 00-1806 vs. ) 00-1832 ) 00-1914 ~ LA DEPARTMENT OF ENVIRONMENTAL ) DOAH CASE NOs. 00-4047 iO PROTECTION and ESCAMBIA COUNTY ) 00-4232 UTILITIES AUTHORITY, ) ) Respondents. ) / FINAL ORDER An Administrative Law Judge with the Division of Administrative Hearings ("DOAH") submitted his Recommended Order of Dismissal to the Department of Environmental Protection ("DEP") in these consolidated administrative proceedings. The Recommended Order of Dismissal indicates that copies thereof were served upon counsel for the Co-Respondent, Escambia County Utilities Authority (“Authority”), and upon pro se Petitioners, Kerry Culligan (*Culligan’ ) Mary Pueschel Studstill (“Studstill’), and Chris Englert Cnglert. A copy. of the Recommended Ofder of Dismissal i is attached hereto as s Exhibit A The matter is now "before the Secretary o of DEP for final agency action. a | BACKGROUND The Authority owns and operates a public water system in Escambia County, Florida. These consolidated cases involve an application fi fi led with DEP seeking a permit to construct fluoridation treatment facilities at six of the Authority’s potable water a supply wells. On September 5, 2000. DEP executed an Intent to Issue and draft permit . } 4 F tor the Applicant’ fluoridation treatment construction project. The Petitioners then fi led “similar petitions with DEP contesting the issuance of the permit to the Applicant and requesting formal administrative hearings. The Petitions, which were forwarded to : r appropriate proceedings, basically questioned the safety and effi icacy of oe DOAH fc fluoridation i in their drinking water. Administrative Law w Judge, Donald R. Alexander, AL, was assigned to “~ insuffi cient to state a cause ofa action for relief f against DEP under the controling ‘provisions of Rule 62- 555. 328, Florida Administrative Code. Rule 62- 555. 325 establishes conditions and requirements for the issuance by of permits to public oO Bo yee ee water systems for the installation and operation of fluoridation treatment equipment. _ sad The ALS J recommended that DEP center a fi ina alorer dismissing, with prejudice, t the wale) eh as ed squares sas chante és antes? CONCLUSION The case law of Florida holds that parties to. formal administrative proceedings ‘must alert agencies to any perceived defects in DOAH hearing procedures or in the findings of fact of administrative law judges by filing exceptions to the DOAH recommended orders. See Couch v. Commission on Ethics, 617 So.2d 1119, 1124 (Fla. 5th DCA 1993); Florida Dept. of Corrections v. Bradley, 510 So.2d 1122, 1124 (Fla. 1st DCA 1987). The ALJ ruled in his Recommended Order of Dismissal that Petitioners’ allegations were legally insufficient to state a cause of action warranting denial of the construction permit for Applicant's proposed fluoridation treatment facilities. Nevertheless, no exceptions were filed by any of the Petitioners objecting to this critical adverse ruling or objecting to the ALJ’s ultimate recommendation that DEP enter a final order dismissing the three petitions with prejudice. Having considered the Recommended Order of Dismissal and other matters of record and faving | reviewed the applicable law, | concur with the rulings and ultimate recommendation of the ALJ. Itis therefore ORDERED: A. The ALJ’s Recommended Order of Dismissal is adopted in its entirety and is incorporated by reference herein. - B. Culligan’s amended petition for administrative hearing and the initial petitions for administrative hearings of Studstill and Englert are dismissed, with prejudice, for failure to state a cause of action upon which a final order can be entered denying the Authority’s requested permit to construct the fluoridation treatment facilities. seals Lae eee es i x A a Mk ii i ie aL C. DEP's Northwest District Office shall ISSUE to the Authority the construction permit for the fluoridation treatment facilities, subject to the terms and conditions of the draft permit issued in DEP File No. 0083021 -001 -WCIMA. Any party to these proceedings has the right to seek judicial review of this Final : pursuant “to Rife 9.110, Florida Rules of Appellate Procedure, ‘with the clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, MS. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable fi iling fees with the appropriate District Court of Appeal. The Notice of ‘Appeal must be fi led within 30 days from the date ‘this Final Order is fi led ; with the clerk of the Department. -DONE AND ORDERED this Z day of January, 2001, in Tallahassee, Florida. bn STATE OF FLORIDA DEPARTMENT . OF ENVIRONMENTAL PROTECTION LS DAVID B. STRUHS Secretary Marjory Stoneman Douglas Building AOS OSU ue SAAS ai head. te 3900 Commonwealth Boulevard ; Tallahassee, Florida 32399-3000 moun i}76lo1 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing Final Order has-been sent by United States Postal Service to: Kerry Culligan Mary Pueschel Studstill 814 North 13" Avenue 414 North Guillemard Street Pensacola, FL 32501 Pensacola, FL 32501 Chris Englert Robert W. Kievet, Esquire 4121 West Avery Avenue Kievet, Kelly & Odom Pensacola, FL 32501 15 West Main Street Pensacola, FL 32401 Ann Cole, Clerk and Donald R. Alexander, Administrative Law Judge David S. Dee, Esquire Division of Administrative Hearings John T. LaVia, Ill, Esquire The DeSoto Building Landers & Parsons, P.A. 1230 Apalachee Parkway Post Office Box 271 Tallahassee, FL 32399-1550 Tallahassee, FL 32302 and by hand delivery to: Craig D. Varn, Esquire Department of Environmental Protection . . 3900 Commonwealth Blvd., M.S. 35 ° “~~~ Tallahassee, FL 32399-3000 this LStkd ay of January, 2001. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION : “TERRELL WILLIAMS Assistant General Counsel ate ) Mhea 3900 Commonwealth Blvd., M.S. 35 Tallahassee, FL 32399-3000 “Telephone 850/488-9314 ce it 1a ea

Docket for Case No: 00-004047
Issue Date Proceedings
Jan. 26, 2001 Final Order filed.
Dec. 18, 2000 Recommended Order of Dismissal issued. CASE CLOSED.
Dec. 08, 2000 Kerry Culligan`s Response to Motion to Dismiss Amended Petition (filed via facsimile).
Dec. 04, 2000 Order issued (pending the resolution of Escambia County Utilities Authority`s Motion to Dismiss Amended Petition or, in the Alternative, Motion to Strike Portions of Amended Petition the final hearing is cancelled).
Dec. 01, 2000 ECUA`s Notice of Cancelling Deposition filed.
Dec. 01, 2000 ECUA`s Request for Continuance (filed via facsimile).
Nov. 27, 2000 Letter to Judge D. Alexander from L. Rosasco In re: floridination of the water supply filed.
Nov. 27, 2000 Notice of Filing Petitioner`s Amended Petition; Amended Petition for Administrative Hearing (filed via facsimile).
Nov. 27, 2000 Escambia County Utilities Authority`s Motion to Dismiss Culligan`s Amended Petition or, in the Alternative, Motion to Strike Portions of Culligan`s Amended Petition filed.
Nov. 21, 2000 Escambia County Utilities Authority`s Notice of Taking Deposition Duces Tecum of Kerry Culligan filed.
Nov. 06, 2000 Order issued (the motions are granted, and the petitions are dismissed. Such dismissal is without prejudice to Petitioners refiling amended petitions within fifteen days from the date of this order).
Oct. 19, 2000 Order issued. (consolidated cases are: 00-004047, 00-004232)
Oct. 18, 2000 Order of Pre-hearing Instructions issued.
Oct. 16, 2000 Escambia County Utilities Authority`s Notice of Service of First Set of Interrogatories to Kerry Culligan filed.
Oct. 16, 2000 Escambia County Utilities Authority`s Notice of Service of First Set of Interrogatories to Mary Pueschel Studstill filed.
Oct. 16, 2000 Escambia County Utilities Authority`s Notice of Service of First Set of Interrogatories to Chris Englert filed.
Oct. 16, 2000 Notice of Hearing issued (hearing set for January 9 and 10, 2001; 8:30 a.m.; Pensacola, FL).
Oct. 13, 2000 Escambia County Utilities Authority`s Request for Oral Argument filed.
Oct. 13, 2000 Escambia County Utilities Authority`s Motion to Dismiss Englert`s Petition, or in the Alternative, Motion to Strike Portions of Englert`s Petition filed.
Oct. 10, 2000 Motion to Consolidate filed.
Oct. 09, 2000 Escambia County Utility Authority`s Motion to Dismiss Culligan`s Petition or, In the Alternative, Motion to Strike Portions of Studstill`s Petition filed.
Oct. 09, 2000 Escambia County Utility Authority`s Motion to Dismiss Culligan`s Petition or, In the Alternative, Motion to Strike Portions of Vulligan`s Petition filed.
Oct. 09, 2000 Joint Response to Initial Order filed.
Oct. 06, 2000 Notice of Appearance (filed by D. Dee).
Oct. 02, 2000 Petition for Administrative Hearing filed.
Oct. 02, 2000 Initial Order issued.
Sep. 29, 2000 Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.

Orders for Case No: 00-004047
Issue Date Document Summary
Jan. 25, 2001 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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