oe ad ; STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL ore 17 py, ffoigt $3 CHASE PROPERTIES, INC., ) ) Petitioner, ) ) vs. ) OGC CASENO. 01-0804 ) DOAH CASE NO. 01-2481 DEPARTMENT OF ENVIRONMENTAL ) : PROTECTION, a ) ORA-CLOS Respondent. ) . I FINAL ORDER An Administrative Law Judge with the Division of Administrative Hearings (‘DOAH”) submitted his Recommended Order of Dismissal to the Department of Environmenial Protection CDEP”) i in this pfoceeding. ‘The Recommended Order of Dismissal indicates that a copy was served upon the President of Chase Properties, Inc. (‘Petitioner’). A copy of the Recommended Order of Dismissal is attached hereto as Exhibit A. The matter is now before the Secretary of DEP for final agency action. Ges Oh OLS atlas ieee ee dp ieee ae gee eh gee BACKGROUND Pea getty ae a Oe RE RYAN ate pak bey Psi The Petitioner is ‘the: owner of real property located at 5150 Timuquana Road, Jacksonville, Florida (the ‘site’). The site was contaminated by drycieaning solvents at some time in the past when a dryoleaning business was as operated a at ‘this location. On Di aeiyeyperte se. heey Poe December 28, 2000, DEP received the Petitioner's application to receive Voluntary Cleanup Tax Credits everos a under section 3 376. 30781, Florida Statutes, for voluntary By letter dated April 23, 2001, DEP advised the Petitioner that it was ineligible to receive VCTCs for the calendar year 4999 because the application \ was not filed by © December 31, 1999, as required by subsections 376.30781(4) and (5), Florida Statutes. The Petitioner then filed a petition for administrative hearing challenging this determination of VCTC ineligibility. DEP referred the matter to DOAH and Administrative Law Judge, Donald R. Alexander (“ALJ”), was assigned to the case. DEP subsequently filed a Motion to Dismiss with DOAH asserting that Petitioner's VCTC application was not timely filed and that DEP lacked authority to extend the statutory time period for filing such applications. The Petitioner did not file any The ‘ALJ found that the Petitioner's vcTC application was not timely fi fi led under” : = : mo subsections 376.30781 (4) and (5). The ALJ also concluded that the'Petitioner was ineligible to receive the VCTCs for the year 1999 because the cited statutory subsections did not grant DEP the authority to extend the time period for filing an application. The ALJ thus recommended that DEP enter a final order dismissing, with / ‘prejudice, the Pétitionér’s request fora formal a CONCLUSION The Petitioner did not fi le any Exceptions objecting t to the AL s findings or conclusions or contesting his recommendation that this agency y enter a final order PAE ARE I ees dismissing the petition for administration hearing with pejuio. Consequently, 1 have not been presented with any legal grounds for mosityin ; or r Recommended Order of Dismissal. Iti is therefore ORDERED D that oe A. The Recommended Order of Dismissal is adopted in its entirety and is incorporated:by reference herei bourse “eatin Gls: ba gale SUM ESE oS ot + xB. The subject Petition for Administrative Hearing is dismissed with prejudice. . C. The Petitioner is INELIGIBLE to receive the requested tax credits under - ~ section 376.30781, Florida Statutes, for voluntary rehabilitation conducted during the _ year 1999 at the site identifi ed as DEP Facility No. 169500733. Any party to this proceeding has the right to seek judicial re review of the Final Order pursuant to Section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the clerk ofthe: Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy. of the Notice of Appeal - accompanied by the applicable filing fees with the. appropriate [ District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this Final Order is filed with the clerk of the Department. DONE AND ORDERED this /3_ 3 day of September, 2001, in Tallahassee, Florida. a STATE OF FLORIDA DEPARTMENT - OF ENVIRONMENTAL PROTECTION « /. ney DAVID B. STRUHS Secretary Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 RSUANT TO § 120.52, 'H THE DESIGNATED .- RECEIPT OF WHICHIS © rar PE BT copes greening cep eee ish ond da ll ie aan cad ss le eS and by hand delivery to: i al ii i ci RR CA Ria i a ili, | Mi all ll CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing Final Order has been sent by United States Postal Service to: Michael Balanky Chase Properties, Inc. 5865 University Boulevard West _ Jacksonville, FL 32216 __.. Ann Cole, Clerk and : “Donald R. Alexander, Administrative Law Judge Division of Administrative Hearings ~ .. i a Oe cae cw ante a ee The DeSoto Building 1230 Apalachee Parkway Tallahassee, Fu 32399- 1550 hs athe Sob aac Jason M. Hand, Esquire Lois 3900 Comm of E Environmental Protection 10 Commoniwealth Bivd., M.S. 35 i 1aSsee, FL 32388- 3000 : STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION J. TARRELL WILLIAMS istant General Counsel 3900 Commonwealth Blvd., M.S. 35 Tallahassee, FL 32399-3000 Telephone 850/488-9314

Docket for Case No: 01-002481