10-002683 Out Of Bounds, Inc. vs. Department Of Environmental Protection
 Status: Closed
Recommended Order on Thursday, December 8, 2011.


View Dockets  
Summary: Applicant for C&D landfill permit did not provide reasonable assurance that no liner was needed and that potable wells within 500 feet were protected.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8OUT OF BOUNDS, INC. , )

13)

14Petitioner , )

16)

17vs. ) Case No. 10 - 2683

24)

25DEPARTMENT OF ENVIRONMENTAL )

29PROTECTION , )

31)

32Respondent . )

35)

36ROBERT E. MCCUNE AND )

41HERNANDO SSK, LLC, )

45)

46Petitioners, )

48)

49vs. ) Case No. 10 - 2987

56)

57OUT OF BOUNDS, INC., AND )

63DEPARTMENT OF ENVIRONMENTAL )

67PROTECTION, )

69)

70Respondents. )

72_______________________________ )

74RECOMMENDED ORDER

76On August 23 - 24 , 2011 , a final administrative hearing was

87held in this case in Temple Terrace before J. Lawrence Johnston,

98Administrative Law Judge, Division of Administrative Hearings

105(DOAH) .

107APPEARANCES

108For Petitioner Out of Bounds, Inc. :

115Timothy W. Weber, Esquire

119Robert L. Chapman, Esquire

123Battaglia, Ross, Dicus & Wein, P.A.

129Post Office Box 41100

133St. Petersburg, Florida 33743 - 1100

139For Petitioners Robert E. McCune and Hernando SSK, LLC :

149John R. Thomas, Esquire

153Law Office of John R. Thom as, P.A.

161233 Third Street North, Suite 101

167St. Petersburg, Florida 33701 - 3818

173For Department of Environmental Protection :

179Ronda L. Moore, Esquire

183Department of Environmental Protection

1873900 Commonwealth Boulevard, Mail Stop 35

193Tallahassee, Florida 32399 - 3000

198STATEMENT OF THE ISSUE

202The issue in this case is whether the Department of

212Envi ronmental Protection (DEP) should issue a permit to Out of

223Bounds, Inc. (Out of Bounds , or applicant ) , to construct,

233operate , and close a construction and demolition debris disposal

242facility (C&D facility) in Hernando County.

248PRELIMINARY STATEMENT

250Out of Bounds applied for the permit o n September 12, 2008 .

263DEP made four requests for additional information. Out of

272Bounds responded, and the application was complete on

280September 3, 2009. On February 19, 2010, DEP gave notice of its

292intent to issue the permit.

297DEP granted extensions of time to Robert McCune and Paige

307Cool to file a petition for a formal administrative hearing. On

318April 20, 2010, DEP withdrew the previous notice of intent and

329gave notice of intent to deny the permit because there were two

341potable water wells within 500 feet of the proposed disposal

351area and because no liner was proposed.

358Out of Bounds petitione d for a formal administrative

367hearing on the denial, which was referred to DOAH and given Case

379No. 10 - 2683. Robert McCune and Paige Cool also filed a petition

392to ensure that the denial was not reversed. DEP also referred

403the McCune/Cool petition to DOAH, and it was given Case No. 10 -

4162987. At DOAH, the cases were consolidated and scheduled for

426hearing on August 30, 2010.

431On July 27, 2010, DEP filed an unopposed Request for

441Official Recognition regarding an amendment to section

448403.707(9)(b) , Florida Sta tutes , that was enacted during the

45720 10 regular legislative session and became effective on July 1,

4682010. Before the amendment, the statute provided that liners

477and leachate collection systems were not required for C&D

486facilities unless DEP demonstrated t hat they were necessary to

496prevent violations of groundwater standards and criteria . As

505amended, the statute makes liners and leachate collection

513systems mandatory for all C&D facilities, unless the applicant

522demonstrate s that the facility will not be expected to result in

534violations of groundwater standards and criteria.

540On August 16, 2010, the c ases were placed in abeyance until

552February 28, 2011, to give Out of Bounds time to decide whether

564to modify its proposal to include a liner and for the part ies to

578determine whether the matter could be settled. At the end of

589the abeyance period, the parties reported that the application

598was not being modified and the matter was not being settled .

610T he final hearing was re scheduled for August 22 - 24, 2011.

623On May 2, 2011, Hernando SSK, LLC (Hernando SSK) , was

633substituted for Paige Cool, who had died.

640The parties filed a Pre - Hearing Stipulation on August 15,

6512011. At the f inal hearing , Joint Exhibits 1 - 18 were admitted

664in evidence. Out of Bounds then called: John Morris, P.G., the

675DepartmentÓs Southwest District Solid Waste Profession al

682Geologist; Susan Pelz, P.E., the DepartmentÓs Southwest District

690So lid Waste Program Administrator; Michael Hardy, P.E.;

698Jack Hamilton, P.E.; Randy Yoho, owner of the proposed C&D

708facility site and president of Out of Bounds; and Eric Eshom,

719P.G., recently retired from employment with the Southwest

727Florida Water Management District. Out of Bounds had its

736E xhibits 10, 22, 30, 33, 39 ( for non - hearsay purposes only), 49,

75153, and 54 admitted in evidence .

758The Department called : Susan Pelz ; John Morris ; brothers

767Daniel and Robert Knox ( who own property near the proposed C&D

779facility ); and Robert McCune. The Department had its E xhibits

7901 - 7 and 9 - 10 admitted in evidence .

801Robert McCune and Hernando SSK called: David Belcher ( a

811principal of Hernando SSK ); and Jerry Kubal, P.G., as an expert

823in geology. McCune and Hernando SSK also had their E xhibits G,

835M, T, X, MM, and QQ admitted into evidence .

845A Transcript of the final hearing was filed on October 14,

856201 1. (The Transcript erroneously uses a circuit court case

866number instead of the DOAH c ase number.) On November 4, 201 1,

879the parties filed proposed recommended orders , which have been

888considered .

890FINDINGS OF FACT

8931. On September 8, 2008, Out of Bounds applied to DEP for

905a permit to construct, operate , and close a n unlined C&D

916facility on 26 acres located at 29251 Wildlife Lane,

925Brooksville, Hernando County, Florida, to be known as the Croom

935C&D De bris Landfill and Recycling Facility. There were four

945requests by DEP for additional information, which was provided,

954and the application was complete on September 3, 2009.

9632. In 1994 , a previous owner of the property was issued a

975permit to construct, operate , and close a n unlined C&D facility

986on the property. That owner did not proceed with construction,

996and the permit expired in 1999 . The Out of Bounds application

1008was for a new permit, not for the renewal of an existing permit.

10213. Robert McCune owns property adjacent to the proposed

1030C&D facility. He and his wife reside on the property, keep

1041horses in stables on the property, and use the property for

1052horseback riding business, which includes hosting public

1059horseback riding events.

10624. Herna ndo SSK was formed by David Belcher and one or

1074more others to continue the business being operated by

1083Paige Cool when she died during this proceeding . The business

1094is conducted on ten acres of property Cool owned approximately

1104one mile west of the propose d C&D facility . Belcher is one of

1118two co - personal representatives of CoolÓs estate. Belcher and

1128his wife hold a mortgage on the property. When the estate is

1140finalized, the Belchers plan to assign their mortgage to

1149Hernando SSK. It is not clear who will own the property after

1161the estate is finalized, or how Hernando SSK will be authorized

1172to continue the business on the property.

11795. Western pleasure and trail - riding horses are boarded on

1190the Cool property, which is known as At Home Acres. The

1201business al so has access to 20 adjoining acres to the east,

1213which are used for grazing. Access to the horseback riding

1223trails in the Withlacoochee State Forest is conveniently located

1232just across Wildlife Lane from the property, to the north. A

1243manager resides in a double - wide trailer on the property, and

1255another trailer and a barn to the east of it are leased out.

1268There is a potable water well on the property, which is the

1280source of drinking water for the manager and lessees.

1289Well Setback

12916. In the application process, Out of Bounds disclosed two

1301p otable water wells within 500 feet of the proposed landfill

1312disposal area. The application provided that those wells would

1321be converted to non - potable use.

13287. Out of Bounds did not disclose the existenc e of a third

1341pot able water well, on property owned by Daniel Knox, which is

1353within 500 feet o f the proposed landfill disposal area.

13638. When the Knox well was brought to the attention of DEP,

1375Out of Bounds admitted that the well was permitted for potable

1386use but took the po sition that it was not for potable use

1399because it was not in use , was not connected to a source of

1412electricity, and appeared to be abandoned.

14189. Daniel Knox and his brother, Robert Knox , had the Knox

1429well dug and permitted in 1979 in anticipation of using i t as

1442the source of potable water for a residence to be built on the

1455property for their parents and sister . T he Knoxes have not yet

1468built a residence on the property, but it still is their

1479intention to do so and to use the well as the source of potable

1493wat er. Since its construction, th e well had been maintained and

1505operated periodically using a gasoline - powered generator so that

1515it will be ready for use when needed.

152310. During the application process, Out of Bounds also did

1533not disclose the existence of a f ourth potable water well within

1545500 feet of the proposed landfill disposal area on property once

1556owned by Larry Fannin and now owned by his daughter and son - in -

1571law, Robert McCune. The McCune well was permitted and installed

1581in mid - 2005 while the sale of t he land from Fannin to the

1596McCunes was pending. The intended purpose of the well was to

1607provide potable water for the use of the McCunes when they

1618started to reside on the property. Despite this intent, and

1628u nbeknownst to the McCunes, Fannin had the well per mitted as an

1641irrigation well.

164311. In mid - 2008, the McCunes began to reside on their

1655property. At first, they resided in a mobile home. They ran

1666pipes from the well to the mobile home to provide drinking

1677water. Eventually, later in 2008, they began co nstruction of a

1688residence on the property and ran pipes from the well to the

1700house to provide drinking water to the house. The well was

1711being used for drinking water before the Out of Bounds

1721application was complete. (They also use water from the well

1731from time to time for irrigation purposes -- i.e., when they host

1743horseback - riding events on weekends, they truck water from the

1754well to their horseback - riding arena to apply to the ground to

1767control dust.)

176912. Groundwater flow s from the disposal a rea of the

1780proposed landfill to the west and southwest. The Knox and

1790McCune wells are down - gradient of the groundwater flow from the

1802proposed disposal area.

180513. Out of Bounds represented at the hearing that it would

1816accept a permi t condition that no C&D debris , but only clean

1828debris, would be disposed within 500 feet of the Knox and McCune

1840wells. See Fla. Admin. Code R. 62 - 701.200(15) - (16) and (24).

1853However, there was no evidence of new designs, plans, or

1863operation s that would be used to meet such a permit condition.

1875Liner and Leachate Collection

187914. Existing unlined C&D facilities in the Southwest

1887District report various parameters that exceed groundwater

1894quality standards and criteria. These include arsenic, ben zene,

1903iron, aluminum, nitrate, ammonia, vinyl chloride, methylene

1910chloride, 3 - and 4 - methyl phenols, sulfate, and total dissolved

1922solids (TDS). Arsenic and benzene are primary (health - based)

1932groundwater quality standards. The others are secondary

1939standar ds that relate to taste, odor, and aesthetics.

194815. The likely source of the reported arsenic violations

1957in the Southwest District is wood treated with chromate copper

1967arsenate (CCA) . See Fla. Admin. Code R. 62 - 701.200(11). Out of

1980Bounds proposes to not accept CCA - treated wood and to use a

1993trained ÐspotterÑ to exclude CCA - treated wood from the landfill.

2004This is an appropriate measure to prevent arsenic violations ,

2013and is now required for C&D f acilities . See Fla. Admin. Code R.

202762 - 701.730(7)(d), (8), and (20). It was not clear from the

2039evidence whether the C&D facilities in the Southwest District

2048with arsenic violat ions accepted CCA - treated wood . Even if they

2061did, the operational plan proposed by Out of Bounds to exclude

2072CCA - treated wood and to use a tr ained spotte r is not a guarantee

2088that no CCA - treated wood will enter the landfill.

209816. A C&D f acility would not be expected to dispose of

2110material that would result in benzene contamination. The

2118reported benzene violations suggest that unauthorized material

2125contaminated with benzene nonetheless makes its way into C&D

2134facilities in the Southwest Di strict . The evidence was not

2145clear whether a trained spotter was used at those facilities.

2155Whether or not a spotter was used at those facilities , having a

2167trained spotter would not guarantee that no benzene - contaminated

2177material will enter the landfill p roposed by Out of Bounds.

218817. Out of Bounds suggested that ammonia violations result

2197from C&D facilities accepting yard trash. However, there was no

2207evidence of a connection between acceptance of yard trash and

2217ammonia violations.

221918. The operational plan proposed by Out of Bounds to

2229Ðcover as you goÑ is the accepted best practice to control

2240hydrogen sulfide odor , which comes from wet drywall . Out of

2251Bounds suggested that its cover plan would prevent any sulfate

2261violations, but there was no evidence to pro ve it.

227119. There was no evidence as to whether t he C&D facility

2283proposed by Out of Bounds would be substantially different from

2293the other existing C&D facilities in DEPÓs Southwest District.

2302Absent such evidence, Out of Bounds did not provide reasonable

2312assurances that its proposed facility would not cause

2320groundwater quality violations .

232420. T he site for the C&D facility proposed by Out of

2336Bounds is internally drained. T here are no surface waters

2346on site or within a mile of the site. There was no evidence of a

2361surficial aquifer above the Florida n aquifer. Rainfall entering

2370the Out of Bounds property migra tes downward into the Floridan

2381a quifer. Once in the aquifer, there is a horizontal comp onent

2393of groundwater water flow in a generally southwest directio n ,

2403towards the Knox and McCune wells. Contaminated leachate from

2412the proposed C&D facility would migrate with the groundwater.

242121. Out of Bounds suggests that a thick clay layer under

2432the site of its proposed facility would prevent the downward

2442migration o f groundwater into the Floridan aquifer. There are

2452several reasons why the clay layer does not provide the

2462reasonable assurance of a liner that contamination from the

2471proposed landfill would not reach the Floridan aquifer.

247922. C lay is much more permeable than a geo membrane meeting

2491DEP Ós specifications for use as a liner . The clay on the

2504proposed site is on the order of at least a thousand times more

2517permeable. (Out of Bounds appeared to confuse the permeability

2526of such a geomem brane with the allowable permeability of the

2537geosynthetic clay layer or compacted clay layer underlying the

2546geomembrane. Cf. Fla. Admin. Code R. 62 - 701.730(4)(f). )

255623. In the application process, Out of Bounds relied on

2566t he clay layer for purposes of sinkh ole prevention and

2577mitigation, not for reasonable assurance that no liner was

2586needed. T he limestone formation underlying the site is highly

2596variable, with numerous pinnacles; for that reason, the

2604thickness of the clay layer also is highly variable, making it

2615difficult to excavate the proposed landfill with complete

2623assurance that the clay layer would not be penetrated. To

2633provide reasonable assurance for purposes of sinkhole prevention

2641and mitigation, Out of Bounds proposed to leave or create a clay

2653layer at least six feet thick underlying the bottom of the

2664proposed landfill.

266624. Bec ause the site is in an area of high recharge to the

2680Floridan aquifer and drains entirely internally, the clay layer

2689alone does not provide reasonable assurance that there will b e

2700no downward migration of contaminated groundwater to the

2708Floridan aquifer. Reasonable assurance requires a liner and

2716leachate collection system.

2719CONCLUSIONS OF LAW

2722Standing

272325. In addition to the administrative agency making the

2732decision (in this case, DEP), and under section 120.52(13)(a),

2741Florida Statutes, a "specifically named" person whose

2748substantial interests are being determined by the agency in the

2758proceeding (in this cas e, the applicant, Out of Bounds ), section

2770120.52(13)(b) provides that the term "party" includes "[a]ny

2778other person . . . whose substantial interests will be affected

2789by proposed agency action . . . . "

279726. In order for a third party to have standing as a

2809peti tioner to challenge agency action in an administrative

2818proceeding, the evidence must prove that the petitioner has

2827substantial rights or interests that reasonably could be

2835affected by the agency's action. See St. Johns Riverkeeper,

2844Inc. v. St. Johns River Water Mgmt. Dist. , 54 So. 3d 1051, 1055

2857(Fla. 5th DCA 2011); Palm Beach Cnty. Envtl. Coal. v. Fla. Dep't

2869of Envtl. Prot. , 14 So. 3d 1076, 1078 (Fla. 4th DCA 2009); Peace

2882River/Manasota Reg'l Water Supply Auth. v. IMC Phosphates Co. ,

289118 So. 3d 1079, 1082 ( Fla. 2d DCA 2009); Reily Enters., LLC v.

2905Fla. Dep't of Envtl. Prot. , 990 So. 2d 1248, 1251 (Fla. 4th DCA

29182008). See also § 403.412(5), Fla. Stat. ("A citizen's

2928substantial interests will be considered to be determined or

2937affected if the party demonstrate s it may suffer an injury in

2949fact which is of sufficient immediacy and is of the type and

2961nature intended to be protected by this chapter. No

2970demonstration of special injury different in kind from the

2979general public at large is required. A sufficient dem onstration

2989of a substantial interest may be made by a petitioner who

3000establishes that the proposed activity, conduct, or product to

3009be licensed or permitted affects the petitioner's use or

3018enjoyment of air, water, or natural resource s protected by this

3029cha pter.")

303227. Robert McCune has substantial rights or interests that

3041reasonably could be affected by DEPÓs action on the application

3051filed by Out of Bounds . It is not clear from the evidence that

3065Hernando SSK has any substantial rights or interests that

3074reasonably could be affected by the agency's action in this

3084case. McCune proved standing; Hernando SSK did not.

3092Burden of Proof

309528. A permit applicant has the burden to prove, by a

3106preponderance of the evidence, that it is entitled to the

3116requested permit. See Fla. DepÓt of Transp. v . J.W.C. Co.,

3127Inc. , 396 So. 2d 778, 788 (Fla. 1 st DCA 1981). See also Fla.

3141Admin. Code R. 62 - 4.070(1) (Ð[a] permit shall be issued to the

3154applicant upon such conditions as the Department may direct,

3163only if the applicant affir matively provides the Department with

3173reasonable assurance . . . that the construction, expansion,

3182modification, operation or activity of the installation will not

3191discharge, emit, or cause pollution in contravention of

3199D epartment standards or rules.Ñ) .

3205Pertinent Criteria

320729. Florida Administrative Code Rule 62 - 701.300 provides

3216in pertinent part:

3219(2) Siting. Unless authorized by a

3225Department permit or site certification in

3231effect on May 27, 2001, or unless

3238specifically authorized by another

3242Department rule or a Department license or

3249site certification based upon site - specific

3256geological, design, or operational features,

3261no person shall store or dispose of solid

3269waste:

3270* * *

3273(b) Within 500 feet of an existing or

3281approved potable water well unless storage

3287or disposal takes place at a facility for

3295which a complete permit application was

3301filed or which was originally permitted

3307before the potable water well was in

3314existence. This prohibition shall not apply

3320to any renewal of an existing permit that

3328do es not involve lateral expansion, nor to

3336any vertical expansion at a permitted

3342facility; . . . .

3347The prohibition applies in this case.

335330. Rule 62 - 701.200(86) defines Ðpotable water wellÑ as

3363Ðany excavation that is drilled or bored, or converted from non -

3375potable water use, when the intended use of such excavation is

3386for the location and acquisition of ground water that supplies

3396water for human consumption.Ñ The McCune and Knox wells are

3406potable under this definition and are within 500 feet and down -

3418gradi ent of the proposed disposal area.

342531. Section 403.707(9)(b), which became law on July 1,

34342010, provides:

3436The department shall require liners and

3442leachate collection systems at individual

3447disposal units and lateral expansions of

3453existing disposal units that have not

3459received a department permit authorizing

3464construction or operation prior to July 1,

34712010, unless the owner or operator

3477demonstrates, based upon the types of waste

3484received, the methods for controlling ty pes

3491of waste disposed of, the proximity of the

3499groundwater and surface water, and the

3505results of the hydrogeological and

3510geotechnical investigations, that the

3514facility is not expected to result in

3521violations of the groundwater standards and

3527criteria if bui lt without a liner.

3534Out of Bounds failed to make the required demonstration and did

3545not provide reasonable assurance that its proposed facility

3553would not result in groundwater quality violations.

356032. The prior version of the statute prohibited DEP from

3570requiring a liner unless it demonstrated that the facility is

3580expected to result in violations of the groundwater standards

3589and criteria if built without a liner. Out of Bounds argues

3600that the former v ersion of the statute should govern and that

3612DEP should be required to prove that a liner is needed . That

3625argument is rejected. See Lavernia v. DepÓt of P rof. Reg., Bd.

3637o f Med. , 616 So. 2d 53, 54 (Fla. 1st DCA 1993) ( the law in effect

3654at the time of the a gencyÓs final decision governs unless the

3666agency unreasonably delay s acting on the application until after

3676the effective date of the new law).

368333. The applicantÓs reliance on Cimini , et al. v.

3692Department of Environmental Protection and Lake Environmental

3699Resources , LLC , Case No. 06 - 2005 (DEP Dec. 13, 2006; DOAH

3711Nov. 8, 2006), is misplaced. In that case, decided under the

3722prior version of the statute , DEP issue d a permit for a n unlined

3736C&D facility within 500 feet of a potable water well; however,

3747t here wa s a consistent , thick clay layer under the landfill , and

3760the well was upgradient , which provided reasonable assurance

3768that the Floridan aquifer would not be contaminated by the

3778proposed landfill , as well as site - specific geological, design,

3788and operational features that protected the well from

3796contamination . See Fla. Admin. Code R. 62 - 701.300(2).

3806RECOMMENDATION

3807Based upon the foregoing Findings of Fact and Conclusions

3816of Law, it is

3820RECOMMENDED that DEP deny the application for a C&D

3829facili ty made by Out of Bounds.

3836DONE AND ENTERED this 8th day of December , 2011 , in

3846Tallahassee, Leon County, Florida.

3850S

3851J. LAWRENCE JOHNSTON

3854Administrative Law Judge

3857Division of Administrative Hearings

3861The DeSoto Building

38641230 Apalachee Parkway

3867Tallahassee, Florida 32399 - 3060

3872(850) 488 - 9675

3876Fax Filing (850) 921 - 6847

3882www.doah.state.fl.us

3883Filed with the Clerk of the

3889Division of Administrative Hearings

3893this 8th day of December , 2011 .

3900COPIES FURNISHED :

3903Ronda L. Mo ore, Esquire

3908Department of Environmental Protection

39123900 Commonwealth Boulevard, Mail Stop 35

3918Tallahassee, Florida 32399 - 3000

3923John R. Thomas, Esquire

3927Law Office of John R. Thomas, P.A.

3934233 Third Street North, Suite 101

3940St. Petersburg, Florida 33701 - 3818

3946Timothy W. Weber, Esquire

3950Battaglia, Ross, Dicus & Wein, P.A.

3956Post Office Box 41100

3960St. Petersburg, Florida 33743 - 1100

3966Herschel T. Vinyard, Jr., Secretary

3971Department of Environmental Protection

39753900 Commonwealth Boulevard, Mail Stop 35

3981Tallahassee, Florida 32399 - 3000

3986Thomas Beason, General Counsel

3990Department of Environmental Protection

39943900 Commonwealth Boulevard, Mail Stop 35

4000Tallahassee, Florida 32399 - 3000

4005Lea Crandall, Agency Clerk

4009Department of Environmental Protection

40133900 Commonwealth Bou levard, Mail Stop 35

4020Tallahassee, Florida 32399 - 3000

4025NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

4031All parties have the right to submit written exceptions within 15

4042days from the date of this Recommended Order. Any exceptions to

4053this Recommended Order should be filed with the agency that will

4064issue the final order in this case.

Select the PDF icon to view the document.
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Date
Proceedings
PDF:
Date: 03/06/2012
Proceedings: Agency Final Order
PDF:
Date: 03/06/2012
Proceedings: Petitioners'/Objectors' Response to Out of Bounds' Exceptions filed.
PDF:
Date: 03/06/2012
Proceedings: Department of Environmental Protection's Response to Out of Bounds, Inc.'s Exceptions to Recommended Order filed.
PDF:
Date: 03/06/2012
Proceedings: Applicant's Exceptions to Recommended Final Order filed.
PDF:
Date: 03/06/2012
Proceedings: Agency Final Order filed.
PDF:
Date: 02/23/2012
Proceedings: Order Denying Motion filed.
PDF:
Date: 12/14/2011
Proceedings: Transmittal letter from Claudia Llado forwarding extra exhibits, which were not admitted into evidence, to the agency.
PDF:
Date: 12/08/2011
Proceedings: Recommended Order
PDF:
Date: 12/08/2011
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 12/08/2011
Proceedings: Recommended Order (hearing held August 23, 2011). CASE CLOSED.
PDF:
Date: 11/04/2011
Proceedings: (Proposed) Recommended Final Order filed.
PDF:
Date: 11/04/2011
Proceedings: Respondent, Department of Environmental Protection's Proposed Recommended Order filed.
PDF:
Date: 11/04/2011
Proceedings: Petitioners'/Objectors' Notice of Filing Proposed Recommended Order filed.
Date: 10/14/2011
Proceedings: Transcript of Proceedings Volume I-IV (not available for viewing) filed.
PDF:
Date: 09/22/2011
Proceedings: Order on Transcript.
PDF:
Date: 09/19/2011
Proceedings: Response to Department of Environmental Protection's Motion on Ordering Hearing Transcript filed.
PDF:
Date: 09/14/2011
Proceedings: Department of Environmental Protection's Motion on Ordering Hearing Transcript filed.
Date: 08/23/2011
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 08/16/2011
Proceedings: Department of Environmental Protection's Motion to Strike George Foster filed.
PDF:
Date: 08/15/2011
Proceedings: Amended Notice of Hearing (hearing set for August 23 through 26, 2011; 9:00 a.m.; Temple Terrace, FL; amended as to dates of hearing).
Date: 08/15/2011
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
PDF:
Date: 08/15/2011
Proceedings: Joint Pre-hearing Stipulation filed.
PDF:
Date: 08/11/2011
Proceedings: Department of Environmental Protection's and Robert E. McCune and Hernando SSK, LLC's Motion for Pre-hearing Conference filed.
PDF:
Date: 08/04/2011
Proceedings: Mike Hardy's Objection to Notice of Taking Deposition Duces Tecum (filed in Case No. 10-002987).
PDF:
Date: 08/04/2011
Proceedings: Jack Hamilton's Objection to Notice of Taking Deposition Duces Tecum (filed in Case No. 10-002987).
PDF:
Date: 08/04/2011
Proceedings: Limited Notice of Appearance (on behalf of Jack Hamilton and Mike Hardy; filed in Case No. 10-002987).
PDF:
Date: 08/04/2011
Proceedings: Notice of Appearance (of F. Lorraine Jahn) filed.
PDF:
Date: 08/03/2011
Proceedings: Objection to Notice of Deposition Duces Tecum (of R. Yoho) filed.
PDF:
Date: 08/02/2011
Proceedings: Order Approving Substitution of Counsel.
PDF:
Date: 07/29/2011
Proceedings: Department of Environmental Protection's Notice of Taking Deposition Duces Tecum (of R. Yoho) filed.
PDF:
Date: 07/28/2011
Proceedings: Amended Notice of Hearing (hearing set for August 22 through 26, 2011; 9:00 a.m.; Temple Terrace, FL; amended as to hearing room location).
PDF:
Date: 07/27/2011
Proceedings: Department of Environmental Protection's Notice of Taking Depositions Duces Tecum (of J. Hamilton and M. Hardy) filed.
PDF:
Date: 07/22/2011
Proceedings: Joint Stipulation for Substitution of Counsel filed.
PDF:
Date: 07/19/2011
Proceedings: Out of Bounds' Third Amended Witness List filed.
PDF:
Date: 07/18/2011
Proceedings: Department of Environmental Protection's Witness Disclosure filed.
PDF:
Date: 06/03/2011
Proceedings: Out of Bounds,Inc.,'s Notice of Service of Amended Response to Request for Production Number 15 filed.
PDF:
Date: 06/02/2011
Proceedings: Order on Pending Motions.
PDF:
Date: 06/01/2011
Proceedings: Petitioners Robert E. McCune and Hernando SSK, LLC's Response in Opposition to Out of Bounds, Inc.'s Motion for Reconsideration of Order on Motion to Amend Responses to Requests for Admissions filed.
PDF:
Date: 06/01/2011
Proceedings: Out of Bounds' Motion for Reconsideration of Order on Motion to Amend Responss to Requests for Admissions filed.
PDF:
Date: 05/27/2011
Proceedings: Petitioners Robert E. McCune and Hernando SSK, LLC's Response in Opposition to Out of Bounds, Inc.'s Motion for Imposition of Sanctions Against Petitioners filed.
PDF:
Date: 05/27/2011
Proceedings: Order on Request for Sanctions.
PDF:
Date: 05/27/2011
Proceedings: Out of Bounds, Inc.'s Motion for Imposition of Sanctions Against Petitioners Robert E. McCune and Hernando SSK, LLC's and Opposition to Petitioners' Request for Sanctions and/or Motion to Compel Discovery filed.
PDF:
Date: 05/26/2011
Proceedings: Out of Bounds, Inc.'s Notice of Service of Verified Answers to Interrogatories and to Request for Production filed.
PDF:
Date: 05/25/2011
Proceedings: Order on Motion to Amend Responses to Requests for Admissions.
PDF:
Date: 05/25/2011
Proceedings: Petitioners Robert E. McCune and Hernando SSK, LLC's Request for Sanctions and/or Motion to Compel Discovery filed.
PDF:
Date: 05/20/2011
Proceedings: Out of Bounds, Inc.'s Notice of Service of Answers to Interrogatories and to Request for Production filed.
PDF:
Date: 05/19/2011
Proceedings: Petitioners Robert E. Miccune and Hernando SSK, LLC's Request for Sanctions filed.
PDF:
Date: 05/11/2011
Proceedings: Petitioners Robert E. McCune and Hernando SSK, LLC's Response in Opposition to Out Of Bounds Inc.'s Motion to Amend Responses to Requests for Admissions, and Request for Sanctions filed.
PDF:
Date: 05/06/2011
Proceedings: Out of Bounds, Inc.'s Motion to Amend Responses to Request for Admissions filed.
PDF:
Date: 05/03/2011
Proceedings: Order (denying the motion for rehearing or reconsideration and granting motion for extension of time to respond to discovery requests).
PDF:
Date: 05/02/2011
Proceedings: Petitioners' Response in Opposition to Out of Bounds, Inc.'s Motion for Rehearing or Reconsideration and Extension of Time filed.
PDF:
Date: 05/02/2011
Proceedings: Order Substituting Parties.
PDF:
Date: 04/29/2011
Proceedings: Out of Bounds, Inc.'s Motion for Rehearing or Reconsideration filed.
PDF:
Date: 04/29/2011
Proceedings: Out of Bounds, Inc.'s Opposition to Motion for Substitution filed.
PDF:
Date: 04/29/2011
Proceedings: Limited Notice of Appearance (filed by F. Jahn).
PDF:
Date: 04/28/2011
Proceedings: Out of Bounds, Inc.'s Motion for Extension of Time to Respond to Discovery Requests filed.
PDF:
Date: 04/28/2011
Proceedings: Out of Bounds, Inc.'s Motion for Extension of Time to Respond to Discovery Requests filed.
PDF:
Date: 04/22/2011
Proceedings: Petitioners' Suggestion of Death of Paige Pool, Notice of Successor in Interest, and Motion for Substitution filed.
PDF:
Date: 04/21/2011
Proceedings: Order Granting Motion to Strike and Motion to Compel.
PDF:
Date: 04/12/2011
Proceedings: Motion to Strike Respondent Out of Bounds, Inc.'s Response to Request for Admissions, Compelling Answers to Interrogatories and Requests for Production, Deeming Randy Yoho not a Qualified Representative, and for Sanctions (filed in Case No. 10-002987).
PDF:
Date: 03/24/2011
Proceedings: Order Granting Leave to Withdraw.
PDF:
Date: 03/24/2011
Proceedings: Petitioners Robert E. McCune and Paige Cool's Notice of Serving First Set of Discovery Requests to Out of Bounds, Inc. filed.
PDF:
Date: 03/24/2011
Proceedings: Counsel for Petitioners Robert E. McCune and Paige Cool's Notice of Change of Firm name filed.
PDF:
Date: 03/24/2011
Proceedings: Amended Motion to Withdraw as Counsel for Out of Bounds, Inc. filed.
PDF:
Date: 03/21/2011
Proceedings: Motion to Withdraw as Counsel for Out of Bounds, Inc filed.
PDF:
Date: 03/02/2011
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 03/02/2011
Proceedings: Notice of Hearing (hearing set for August 22 through 26, 2011; 9:00 a.m.; Tampa, FL).
PDF:
Date: 02/28/2011
Proceedings: Joint Status Report filed.
PDF:
Date: 08/16/2010
Proceedings: Department of Environmental Protection's Notice of Cancelation of Taking Depositions (of G. Foster and J. Shirk) filed.
PDF:
Date: 08/16/2010
Proceedings: Order Granting Continuance and Placing Case in Abeyance (parties to advise status by February 28, 2011).
PDF:
Date: 08/12/2010
Proceedings: Joint Motion for Continuance (signed certificate of service) filed.
PDF:
Date: 08/12/2010
Proceedings: Joint Motion for Continuance (unsigned certificate of service) filed.
PDF:
Date: 08/12/2010
Proceedings: Department of Environmental Protection's Notice of Cancellation of Depositions (of J. Hamilton and M. Hardy) filed.
PDF:
Date: 08/06/2010
Proceedings: Department of Environmental Protection's Notice of Taking Depositions Duces Tecum (George Foster and James Shirk) filed.
PDF:
Date: 08/06/2010
Proceedings: Department of Environmental Protection's Notice of Taking Depositions Duces Tecum (Jack S. Hamilton and Michael Hardy filed.
PDF:
Date: 07/30/2010
Proceedings: Department of Environmental Protection's Certificate of Service of Objections and Answers to Out of Bounds, Inc.'s Interrogatories filed.
PDF:
Date: 07/28/2010
Proceedings: Order Granting Official Recognition.
PDF:
Date: 07/27/2010
Proceedings: Department of Environmental Protection's Request for Offical Recognition filed.
PDF:
Date: 07/26/2010
Proceedings: Department of Environmental Protection's Witness List filed.
Date: 07/20/2010
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 07/15/2010
Proceedings: Motion for Protective Order (filed in Case No. 10-002987).
PDF:
Date: 07/15/2010
Proceedings: Petitioner Alison Walter's Notice of Withdrawal and Dismissal of Petition (filed in Case No. 10-002987).
PDF:
Date: 07/12/2010
Proceedings: Certificate of Service of Department of Environmental Protection's Objections and Answers to Out of Bounds, Inc.'s Expert Witness Interrogatories filed.
PDF:
Date: 07/09/2010
Proceedings: Department of Environmental Protection's First Request for Production of Documents to Out of Bounds, Inc., filed.
PDF:
Date: 07/09/2010
Proceedings: Department of Environmental Protection's First Request for Admissions to Out of Bounds, Inc., filed.
PDF:
Date: 07/09/2010
Proceedings: Certificate of Service of Department of Environmental Protection's First Set of Interrogatories to Out of Bounds, Inc., filed.
PDF:
Date: 07/09/2010
Proceedings: Petitioners' Motion for Protective Order (filed in Case No. 10-002987).
PDF:
Date: 07/01/2010
Proceedings: Out of Bounds, Inc.'s Notice of Serving Interrogatories Upon Florida Department of Environmental Protection filed.
PDF:
Date: 06/17/2010
Proceedings: Out of Bounds, Inc.'s Request for Production of Documents to Alison Walter filed.
PDF:
Date: 06/17/2010
Proceedings: Out of Bounds, Inc.'s Request for Production of Documents to Paige Cool filed.
PDF:
Date: 06/17/2010
Proceedings: Out of Bounds, Inc.'s Notice of Serving Interrogatories to Alison Walter filed.
PDF:
Date: 06/17/2010
Proceedings: Out of Bounds, Inc.'s Notice of Serving Interrogatories to Paige Cool filed.
PDF:
Date: 06/15/2010
Proceedings: Amended Notice of Hearing (hearing set for August 30 through September 3, 2010; 9:00 a.m.; Temple Terrace, FL; amended as to hearing room location).
PDF:
Date: 06/14/2010
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 06/14/2010
Proceedings: Notice of Hearing (hearing set for August 30 through September 3, 2010; 9:00 a.m.; Temple Terrace, FL).
PDF:
Date: 06/11/2010
Proceedings: Out of Bounds, Inc.'s Notice of Serving Expert Witness Interrogatories to Robert E. Mccune filed.
PDF:
Date: 06/11/2010
Proceedings: Out of Bound's Inc.'s Notice of Serving Interrogatories to Robert E. McCune filed.
PDF:
Date: 06/11/2010
Proceedings: Out of Bound, Inc.'s Request for Production of Documents filed.
PDF:
Date: 06/11/2010
Proceedings: Out of Bound, Inc.'s Notice of Serving Expert Witness Interrogatories upon Florida Department of Environmental Protection filed.
PDF:
Date: 06/09/2010
Proceedings: Petitioners Robert E. McCune, Paige Cool and Alison Walter's Response to Initial Order (filed in Case No. 10-002987).
PDF:
Date: 06/03/2010
Proceedings: Order of Consolidation (DOAH Case Nos. 10-2683 and 10-2987)).
PDF:
Date: 05/24/2010
Proceedings: Petitioner Out of Bounds, Inc's Response to the Initial Order filed.
PDF:
Date: 05/18/2010
Proceedings: Initial Order.
PDF:
Date: 05/18/2010
Proceedings: Out of Bounds, Inc.'s Petition for Formal Administrative Proceeding filed.
PDF:
Date: 05/18/2010
Proceedings: Notice of Withdrawal of Intent to Issue, and Notice of Intent to Deny Permit filed.
PDF:
Date: 05/18/2010
Proceedings: Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.

Case Information

Judge:
J. LAWRENCE JOHNSTON
Date Filed:
05/18/2010
Date Assignment:
05/18/2010
Last Docket Entry:
03/06/2012
Location:
Temple Terrace, Florida
District:
Middle
Agency:
ADOPTED IN PART OR MODIFIED
 

Counsels

Related DOAH Cases(s) (4):

Related Florida Statute(s) (5):

Related Florida Rule(s) (2):