STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ALBERT E. KOEHNLEIN, AMY AND ) AARON WRIGHT, JOSEPH MAXWELL, ) DONALD STONE, and MARLENE )

MATTHEWS, )

)

Petitioners, )

)

vs. ) Case Nos. 06-3963

) 06-3964

DEPARTMENT OF ENVIRONMENTAL ) PROTECTION and PRESTIGE )

GUNITE OF ORLANDO, INC., )

)

Respondents. )

)

RECOMMENDED ORDER

Pursuant to notice, this matter was heard before the Division of Administrative Hearings by its assigned Administrative Law Judge, Donald R. Alexander, on December 18, 2006, in Tavares, Florida.

APPEARANCES

For Petitioner: Albert E. Koehnlein, pro se

17535 Jefferson Street

Winter Garden, Florida 34787-9608 For Petitioners: Amy Wright, pro se

For Respondent: Jack Chisholm, Esquire

(Department) Department of Environmental Protection

3900 Commonwealth Boulevard

Mail Station 35

Tallahassee, Florida 32399-3000

For Respondent: Michael P. Donaldson, Esquire (Prestige) Carlton Fields, P.A.

Post Office Drawer 190 Tallahassee, Florida 32302-0190

ISSUE

The issue is whether Prestige Gunite of Orlando, Inc. (Prestige) may use an air general permit pursuant to Florida Administrative Code Rule 62-210.300(4)(c)2. to operate a concrete batch plant in an unincorporated part of Lake County, Florida.

BACKGROUND

This matter began on August 31, 2006, when Prestige filed with Respondent, Department of Environmental Protection (Department), a Notification of Intent to Use a General Permit to operate a concrete batch plant at 17600 State Road 50, near Clermont, Florida. On August 31 and September 1, 2006, Prestige (through its parent corporation) then caused to be published in two newspapers its notice that an application had been filed.

On September 20, 2006, Petitioner, Albert E. Koehnlein, who lives near the proposed facility, filed his Petition challenging

the proposed activity on various grounds. This Petition was later assigned Case No. 06-3963. On the same date, Petitioners, Amy and Aaron Wright, Joseph M. Maxwell, Donald Stone, and Marlene Matthews, who also live near the proposed facility, filed their Petition challenging the same activity. This Petition was later given Case No. 06-3964.

Both Petitions were forwarded by the Department to the Division of Administrative Hearings on October 12, 2006, with a request that an administrative law judge be assigned to conduct a hearing. On October 23, 2006, the cases were consolidated pursuant to Florida Administrative Code Rule 28-106.108. On December 7, 2006, the cases were transferred from Administrative Law Judge T. Kent Wetherell, II, to the undersigned.

By Notice of Hearing dated October 25, 2006, the matter was scheduled for final hearing on December 18, 2006, in Tavares, Florida.

By Order dated November 14, 2006, Judge Wetherell confirmed oral rulings made during a telephonic hearing on November 6, 2006, which granted in part Prestige's Motion to Strike and struck allegations in the two Petitions regarding noise, ground or water pollution, structural damage, property values, buffers, local zoning requirements, traffic safety, and general nuisance. These included paragraphs (E)1 and (E)5 and those portions of paragraph (D) under the headings of noise, ground and water

pollution, and structural damage of the Petition filed in Case No. 06-3963, and paragraphs (c)1, (c)3, (c)4, (c)5, (c)6, and (c)7 of the Petition filed in Case No. 06-3964.1 The Order further provided that only the substantive and procedural criteria relating to air emissions found in Florida Administrative Code Rules 62-210.300(4)(c)2. and 62-296.414 were relevant to this proceeding. Mr. Koehnlein's Motion to Reconsider the oral rulings made on November 6, 2006, was denied by a second Order entered on November 14, 2006.

At the final hearing, the following Petitioners, who are all lay persons, testified on their own behalf: Albert F. Koehnlein; Aaron Wright; Amy Wright; Joseph F. Maxwell; Donald Stone; and Marlene Matthews. They also jointly presented the testimony of Howard Sherman and Peter Hansen, who both live in a subdivision that adjoins the subject property. Finally, they offered Petitioners' Exhibits 1, 7-9, 15B, 18A, B, and C, 20A, and 20L. Except for Exhibit 1, which was conditionally received subject to later filed written objections,2 all other exhibits were received in evidence. The Department presented the testimony of Alan Zahm, a professional engineer who supervises the air permitting program in its Central District Office and was accepted as an expert, and Rondell B. Rice, a Department Compliance Inspector in the Central District Office. Also, it offered Department Exhibits 1 and 7-9, which were received in

evidence. Prestige presented the testimony of Michael Mahoney, Risk Manager for the parent corporation, and Lisa Andrews, project manager for the proposed facility and accepted as an expert. Also, it offered Prestige Exhibits 1A-I and 2-5, which were accepted in evidence.

The Transcript of the hearing (two volumes) was filed on January 30, 2007. Proposed Findings of Fact and Conclusions of Law were filed by Prestige and the Department on February 19 and by Petitioners on February 23, 2007, and they have been considered in the preparation of this Recommended Order.

FINDINGS OF FACT

Based on the evidence presented by the parties, the following findings of fact are made:

A. The Parties

1. Prestige is a wholly-owned subsidiary of Prestige Gunite, Inc.; the parent corporation is located at 7228-C Westport Place, West Palm Beach, Florida. The owner of the parent corporation was identified as Brian A. Mahoney, who also owns and controls a number of other entities in the State that are engaged in the business of producing cement. The record does not disclose the names of all of the corporate entities, but it does show that Mr. Mahoney has formed two corporate entities who operate at the same location in Lake County, Florida: Prestige Gunite of Orlando, Inc. (the applicant here),

   and a limited liability corporation known as Prestige/AB Ready Mix, LLC, which has a different parent corporation. The latter entity operates a ready-mix cement plant on the southern part of the property on which the applicant's operations will be located. In addition, the record shows that Mr. Mahoney operates at least two other cement plants in the State, one a "smaller facility" at Ocala, Florida, whose name and corporate status are unknown, and B & B South Florida, Inc., which operates a facility at an undisclosed location. Although these entities are owned and controlled by one individual, the applicant has represented without dispute that all of the cement plants are operated as separate entities, each with its own permit issued by the Department.

2. The Department is an agency of the State that is authorized under Chapter 403, Florida Statutes (2006), to evaluate applications for air emission permits that are used by cement batching plants. The use of the permit in issue here was reviewed by the Department's Central District Office in Orlando, Florida.

3. Petitioners all reside in close proximity to the proposed facility. In addition, their homes are in closer proximity to the existing ready-mix facility. Through testimony at hearing, Petitioners established that their substantial

   interests are affected by the new facility and they have standing to challenge the use of the permit.

   1. Background

      
      

4. A general permit is established by rule and constitutes a "simplified procedure" used by the Department to allow a facility to begin operations, as compared with other types of permits issued by the Department. Department standards provide that if a facility such as that proposed by the applicant emits less than 100 tons per year of particulate matter and is therefore a Non-Title V source, it qualifies to operate under a general permit, assuming that all other criteria are satisfied. Under this process, the Department reviews the notification (application) for compliance with two applicable rules: Florida Administrative Code Rule 62-296.414, which establishes the substantive criteria for using a general permit for a concrete batching plant, and Florida Administrative Code Rule 62- 210.300(4)(c)2.a.-f., which contains the procedural requirements for obtaining a Non-Title V Air General Permit. Unless the Department decides to deny the application, no formal proposed agency action is issued. Therefore, none was issued in this case. Absent the filing of a protest by a third party, the applicant may then use the general permit after the time for third parties to file a challenge has expired.

5. The facts underlying the filing of the instant application are somewhat confusing and form the basis, in part, for the allegations in the two Petitions filed in opposition to the notification. In May 1999, Prestige Gunite of Orlando, Inc., gave notification of its intention to use a general air permit to operate a concrete batching plant at 17600 State

   Road 50, near Clermont, Florida (also known as the Clermont Yard). Because no challenge to that notification was made, the applicant was issued Permit No. 7775088-001-AG, which became effective on July 8, 1999, and expired on July 9, 2004.

   Presumably, Prestige operated a gunite batching plant under that permit during that five-year period.

6. In 2001, Prestige/AB Ready-Mix, LLC (then known as Prestige/AB, Inc.) applied for another air general permit at the same location (the Clermont Yard) to operate a concrete batching plant.3 (Apparently, multiple batching plants are authorized at the same geographic location so long as the total particulate of all facilities at that location does not exceed 100 tons per year, which would cause the facilities to lose their Non-Title V status.) Because no third party objections were filed, and all criteria were satisfied, Permit Number 7775088-003-AG was issued. Although the permit was scheduled to expire in 2006, it was recently renewed for another five years and will now expire on August 3, 2011. See Prestige Exhibit 2. (Florida

   Administrative Code Rule 62-4.540(13) limits the use of an air general permit to five years.)

7. Prestige says that it incorrectly assumed that the air general permit issued to Prestige/AB Ready-Mix, LLC, in 2001 (and renewed in August 2006) also authorized it to continue to operate a gunite batching plant at the Clermont Yard after the first air general permit issued to Prestige Gunite of Orlando, Inc., expired in 2004. This explanation seems unusual, given the fact that the applicant's owner operates multiple permitted cement facilities throughout the State and should be familiar with the permitting process. In any event, Prestige continued to operate a gunite batching plant at the Clermont Yard without a permit.

8. Apparently prompted by numerous and repeated complaints from nearby residents over air emission concerns from both operations, the Department eventually conducted an investigation of both facilities. Besides finding that emissions standards and hazardous waste rules were being violated, the Department discovered that Prestige was operating a gunite facility without a permit. On May 31, 2006, the Department issued a Warning Letter to the parent corporation advising that it must cease gunite operations until a permit was obtained. Despite the Warning Letter, operations at the facility continued, which prompted a second letter from the Department on August 29, 2006,

   advising that formal enforcement action would be taken unless operations were terminated. In early September 2006, operations ceased and have not resumed pending the outcome of this proceeding.

9. On July 31, 2006, Prestige filed an Air General Permit Notification Form to notify the Department of its intent to use both a new and existing air general permit for its gunite batching plant at the Clermont Yard. This application was denied by the Department on August 29, 2006, because of "unconfined emissions," that is, the applicant had failed "to take reasonable precautions to contain particulate emissions from truck loading operations."

10. During this same period of time, a meeting by the Central District staff and the applicant was held and on August 31, 2006, Prestige filed a second Air General Permit Notification Form advising that it intended to operate a concrete batching plant at the Clermont Yard. A new permit, rather than a renewal of the old permit, was sought since the

    original permit had expired in 2004. Thus, it was not necessary for Prestige to surrender any existing permits, a requirement found in the application form. Because the Department concluded that all rule criteria had been satisfied, it took no action regarding the application.

11. On August 31, 2006, Prestige Gunite, Inc. (as opposed to Prestige Gunite of Orlando, Inc., which had filed the notification) caused to be published in the The Daily Commercial, a newspaper of general circulation in Lake County, a Public Notice of Application for a General Permit. The following day, a similar notice was published in the South Lake

    Press, also a newspaper of general circulation published in Lake County.

12. On September 21, 2006, Mr. Koehnlein, who lives just east of a vacant lot on the eastern side of the site, filed his Petition challenging the use of the permit on numerous grounds. (Mr. Koehnlein's Petition was actually filed in response to the Department's notice of intent dated August 29, 2006, to deny the first application filed by Prestige. However, it was treated as a request for a hearing in response to the second notification filed by the applicant.) On the same date, and then through counsel, Petitioners, Aaron and Amy Wright, Joseph Maxwell, Donald Stone, and Marlene Matthews, who live in a residential subdivision immediately south of the site, filed their Petition challenging Prestige's use of the permit.

13. Although numerous allegations were raised in the Petitions, most were struck by Order dated November 14, 2006, leaving only the allegation of whether Prestige is qualified to use the general permit by meeting the applicable requirements

    under Florida Administrative Code Rules 62-210.300(4)(c)2. and 62-296.414.

    1. The Permit

       
       

14. The Notification filed by the applicant indicates that the facility will be located at 17600 State Road 50 near Clermont, Florida. In broader geographic terms, the facility is located just south of State Road 50 (which runs in an east-west direction), and it appears to be just west of the Florida Turnpike and approximately half way between the Cities of Winter Garden (in Orange County) and Clermont (in Lake County). The site is bordered by State Road 50 to the north, a mini-storage facility to the west, a light industrial area and vacant lot to the east, and as more fully discussed below, a residential area to the south.

15. At least since 1985, a residential subdivision has occupied the area immediately south of and adjacent to the site of the proposed facility.4 For many years, the subject property just north of the subdivision was owned by Kelly Construction Company (Kelly) and remained vacant. At some point after 1985, however, Kelly began using the site as a gravel pit and commenced excavation operations as close as forty feet to the back property line of the homes in the subdivision. According to one long-time resident, Kelly then began using the vacant land as a dumping site for building materials and illegal trash.

    After a complaint was filed, in 1998 the Department shut down the landfill operations and a substantial berm was constructed between the subject property and the subdivision. Around 1999, Prestige's parent company either purchased or obtained authorization to use the property and commenced operations shortly thereafter under the permit issued to Prestige Gunite of Orlando, Inc. It also reduced the size of the berm between the plant operations and the subdivision property line to approximately seventy-five feet.

16. Prestige's gunite facility will share a six-acre tract of property already used by Prestige/AB Ready Mix, Inc., under a permit obtained by that entity in 2001. The gunite portion of the business will use the northern part of the property, while the ready-mix operations are located on the southern part of the tract, which lie less than a hundred feet or so from the back property line of the closest homes. Access to both operations will be from State Road 50, which lies directly north of the property. In addition, there is a truck maintenance facility on the site, which will perform maintenance work on vehicles for both operations.

17. The proposed gunite facility consists of an existing cement storage silo containing dry powdered cement, sand storage areas, and office space. The finished product (gunite) is used in the construction of swimming pools. The dry powdered cement

    will be loaded into the rear compartment of the cement trucks, while sand is loaded by a front end loader into the front compartment on the truck. The sand is stored in nearby storage piles and will be covered by tarpaulins when not in use. The materials are then transported to a job site, off-loaded, mixed with water, and sprayed into a swimming pool shell. These operations are in contrast to the existing ready-mix operations now being conducted on the southern half of the property, which involve the on-site mixing of cement, sand, aggregate, fly ash, and water to create cement, the loading of the wet mixture into trucks, and the hauling of the wet cement to the job site. In addition, the ready-mix cement trucks require continual cleaning on site, which creates a noisy environment for the surrounding area.

    1. Permit Requirements

       
       

18. Under Florida Administrative Code Rule 62-296.414, which contains the substantive requirements for using the permit, an applicant must agree to comply with various requirements set forth in the rule. They include requirements relative to stack emissions, unconfined emissions, test methods and procedures, and compliance demonstration.

19. Although the application and supporting documentation reflect that each of the above requirements has been met, perhaps the most relevant requirements to Petitioners' concerns

    are the two that the owner "limit visible emissions to 5 percent opacity" and "take reasonable precautions to control unconfined emissions from hoppers, storage and conveying equipment, conveyor drop points, truck loading and unloading, roads, parking areas, stock piles, and yards." Fla. Admin. Code R. 62- 296.414(1) and (2).

20. To control unconfined emissions, Prestige will operate water and sweeper trucks (which are shared with the ready-mix operation) that will periodically water the grounds during hours of operation and remove excess materials from roads and other loading areas which might otherwise be carried by the wind to surrounding neighborhoods. Prestige will place tarpaulins over sand piles, when not in use, to prevent sand from being blown out of the yard.

21. To control stack emissions, a bag system has been installed on top of the silo in which the dry powdered cement is stored. This is intended to reduce emissions that may be generated from the gunite silo during loading and unloading operations. The baghouse will be periodically inspected and bags changed on a regular basis. Also, a shaker system is automatically initiated during the loading process which reduces emissions by moving cement and cement dust down into the silo rather than up and out of the silo. Further, the lid on the chute (which fits onto the opening of the truck where the

    material is loaded) has been modified to prevent sand or cement from "smoking" up and causing an emission problem. Prestige acknowledges that prior to shutting down operations in early September 2006, it experienced an emissions problem with the truck loading operation which will be corrected by the modification of the lid. Finally, within thirty days after operations are commenced, Prestige must conduct a visible emission test on each dust collector exhaust point.

22. The procedural requirements for obtaining a Non-Title V Air General Permit to operate a concrete batching plant are found in Florida Administrative Code Rule 62-210.300(4)(c)2. and simply require that the owner (Prestige) provide a completed Concrete Batching Plant Air Permit Notification Form, agree to comply with the requirements of Florida Administrative Code Rule 62-296.414 (cited above), submit notification to the Department in the event the site of the plant is relocated, agree to meet certain requirements if nonmetallic minerals are processed, and that if more than one relocatable concrete batching plant is located at the same location, agree that the total operations would not be a Title V source. The record shows that each of these requirements has been met.

    1. Petitioners' Concerns

    
    

23. Petitioners presented a wide array of concerns, most of which are not relevant to the narrow issues in this case and

    instead appear to be related to the operations of the ready-mix plant or matters outside the jurisdiction of the Department.5 Their undisputed testimony is that the occupants of the homes which lie near and adjacent to the six-acre site are now, and have been for years, the recipients of dust and other particulate matter in such quantities as to force them to keep their windows closed throughout the year and prevent them from enjoying any type of outside activity in the area. Virtually all of Petitioners and their witnesses testified about constant respiratory ailments which they or members of their family suffer from due to the air emissions from the cement plants.

    These ailments began after the adjoining property was converted to a cement plant. They also pointed out that vehicles which are not parked in enclosed garages are covered by dust after a relatively short period of time. For example, cars that are washed in the afternoon and parked in front of their owners' homes that evening will be covered in dust the next morning.

    See Petitioners' Exhibits 18A, B, and C.

    
    

24. While not a consideration in this case, water truck and sweeping operations at the gunite facility will begin at 6:00 a.m., and operations have begun as early as 2:00 a.m. or 3:00 a.m. at the ready-mix facility. Thus, beginning early in the morning and continuing throughout the day, the neighbors are subjected to the sound of large cement trucks being driven

    throughout the yard while being loaded with cement, cleaned, or mechanically repaired. At the same time, Petitioners have indicated that the sale of their homes is not possible due to the operation of the cement plants, and one witness stated that it was unlikely he could even rent his home to a third party due to the issues facing the neighborhood.

25. Petitioners uniformly expressed dissatisfaction with the Central District Office's handling of their long-standing complaints (beginning years ago) and the amount of time it took for the Department to actually perform an inspection of the adjoining property.

26. After conducting an initial inspection in November 2005 and a follow-up inspection in March 2006,

    presumably because of Petitioners' complaints, in October 2006 the Department entered into a Short Form Consent Order with both Prestige and the ready-mix entity. To resolve a number of violations, including operating without a permit, the Department required Prestige to pay a $10,800.00 civil fine and take corrective action. (Also, Prestige/AB Ready Mix, LLC, was required to pay a $15,650.00 civil penalty for numerous violations associated with its operations and take corrective action.) The matter was finally resolved by a Department letter dated October 13, 2006. See Department Exhibit 9. According to a Department inspector, a follow-up inspection in early December

    2006 did not detect any on-site violations by the ready-mix plant.

27. Despite the corrective actions which the ready-mix operation may have undertaken, Petitioners complain that the air quality in the neighborhood has improved only slightly, and that was a result of Prestige shutting down the gunite operations in early September 2006 pending the outcome of this case, and was not due to any corrective measures required by the Short Form Consent Orders.

28. Petitioners' complaints regarding air quality are real and not imagined. Credible testimony and photographs confirm them to be true. It is fair to assume that if emissions violations are still occurring, as Petitioners contend, they are due to the operations of the ready-mix plant and should be the subject of further inspections by the Department and an enforcement action, if appropriate. However, given the Department's straight-forward regulations pertaining to the use of an air general permit, the precautions which Prestige has stated it will take (and assuming that they will occur), and the expert testimony supporting a finding that all criteria have been met, Prestige is qualified to use the applied-for air general permit to operate a cement batching plant at the Clermont Yard.

    CONCLUSIONS OF LAW

    
    

29. The Division of Administrative Hearings has jurisdiction over this matter pursuant to Sections 120.569 and 120.57(1), Florida Statutes (2006).

30. The burden of proof is on the party asserting the affirmative of an issue before an administrative tribunal. Balino v. Department of Health & Rehabilitative Servs., 348 So. 2d 349, 350 (Fla. 1st DCA 1977). Therefore, Prestige has the burden of proving by a preponderance of the evidence that it is qualified to use the general permit.

31. Petitioners have established that they have standing to file their Petitions.

32. The general permit at issue here is authorized by Florida Administrative Code Rule 62-210.300(4)(c)2. and generally requires that the facility subject to the permit comply with the requirements of Florida Administrative Code Rule 62-296.414. (There is no evidence that the operation of the two plants together at the same location will cause them to lose their Non-Title V status.) All issues outside the scope of these rules were previously stricken by Order dated November 14, 2006.

33. For the reasons stated in the Findings of Fact, it is concluded that all procedural and substantive requirements of

the two rules have been satisfied. Accordingly, Prestige is qualified to use the air general permit at the Clermont Yard.6

RECOMMENDATION

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

RECOMMENDED that the Department of Environmental Protection enter a final order determining that Prestige Gunite of Orlando, Inc., is qualified to use an air general permit at 17600 State Road 50, Clermont, Florida.

DONE AND ENTERED this 5th day of March, 2007, in Tallahassee, Leon County, Florida.

S

DONALD R. ALEXANDER

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 5th day of March, 2007.

ENDNOTES

1/ Although the Order referred to paragraphs (e)1 and (e)3-7 as being stricken, this was a scrivener's error, and paragraphs (c)1 and (c)3-7 were actually stricken.

2/ During Petitioners' case-in-chief, Amy Wright offered into evidence a notebook consisting of 233 pages of documents identified as Petitioners' Composite Exhibit 1. In their Proposed Recommended Orders, both the Department and Prestige have objected to the admissibility of certain portions of the exhibit. To the extent the documents pertain to the issues in this case, they have been considered.

3/ According to a Department email dated March 13, 2006, Prestige/AB, Inc. "merged" into Prestige/AB Ready-Mix, LLC, on June 21, 2002, but did not notify the Department of the merger, or the fact that the permit was being held by a new corporate entity; thus, it was operating without a permit. It also appears that Prestige/AB Ready-Mix, LLC, had moved a compact portable concrete batch plant onto the site without proper authorization. Apparently, this information came to light in 2005 or 2006 when the Department conducted inspections of the facilities. See also Petitioners' Exhibit 20a.

4/ The anomaly of having inconsistent land uses adjacent to each other is probably due to the inconsistent land use classifications being in place prior to the adoption of the County's first comprehensive plan.

5/ The papers filed in this case reflect that Petitioners have complained to Lake County (County) about the ready-mix operations, and the County's Code Enforcement Board has instituted an action against Prestige/AB Ready Mix, LLC, and B & B South Florida, Inc, for various violations of its Land Development Code. (It is unclear why B & B South Florida, Inc., which has no authority to operate at the site, was cited.) The outcome of that matter, which was scheduled to be heard in late September 2006, is not of record. Whether a similar complaint has been lodged against the gunite operations is not known.

6/ No party has cited Florida Administrative Code Rule 62- 4.070(5) as being applicable here, probably because it applies to standard permits, and not general permits. That rule requires the Department to "take into consideration a permit applicant's violation of any Department rules at any installation when determining whether the applicant has provided reasonable assurance that Department standards will be met." Were it applicable in this case, the applicant's prior conduct would certainly be a consideration in deciding whether the applicant was qualified to use a permit.

COPIES FURNISHED:

Lea Crandall, Agency Clerk

Department of Environmental Protection 3900 Commonwealth Boulevard

Mail Station 35

Tallahassee, Florida 32399-3000

Albert E. Koehnlein 17535 Jefferson Street

Winter Garden, Florida 34787-9608

Amy Wright

17529 Mandarin Circle

Winter Garden, Florida 34787-9657

Joseph Maxwell

17515 Mandarin Circle

Winter Garden, Florida 34787-9657

Donald Stone

17539 Mandarin Circle

Winter Garden, Florida 34787-9657

Jack Chisholm, Esquire

Department of Environmental Protection 3900 Commonwealth Boulevard

Mail Station 35

Tallahassee, Florida 32399-3007

Michael M. Donaldson, Esquire Carlton Fields, P.A.

Post Office Drawer 190 Tallahassee, Florida 32302-0190

Gregory M. Munson, General Counsel Department of Environmental Protection 3900 Commonwealth Boulevard

Mail Station 35

Tallahassee, Florida 32399-3000

Anna H. Long, Esquire Lowndes, Drosdick, Doster,

and Kantor, P.A. Post Office Box 2809

Orlando, Florida 32802-2809

NOTICE OF RIGHT TO FILE EXCEPTIONS

All parties have the right to submit written exceptions within

15 days of the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will render a final order in this matter.

Docket for Case No: 06-003964

Orders for Case No: 06-003964