10-002683
Out Of Bounds, Inc. vs.
Department Of Environmental Protection
Status: Closed
Recommended Order on Thursday, December 8, 2011.
Recommended Order on Thursday, December 8, 2011.
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.
- Date
- Proceedings
- 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: 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 cover letter identifying the hearing record referred to the Agency.
- 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: 09/19/2011
- 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: 08/11/2011
- 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: 08/03/2011
- Proceedings: Objection to Notice of Deposition Duces Tecum (of R. Yoho) filed.
- 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: 07/18/2011
- 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: 06/01/2011
- 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: 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: 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: 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: 04/28/2011
- 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: 04/12/2011
- 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: 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: 03/02/2011
- Proceedings: Notice of Hearing (hearing set for August 22 through 26, 2011; 9:00 a.m.; Tampa, FL).
- 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: 07/27/2010
- Proceedings: Department of Environmental Protection's Request for Offical Recognition filed.
- Date: 07/20/2010
- Proceedings: CASE STATUS: Motion Hearing Held.
- 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: 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 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: 05/24/2010
- Proceedings: Petitioner Out of Bounds, Inc's Response to the Initial Order filed.
- PDF:
- Date: 05/18/2010
- Proceedings: Out of Bounds, Inc.'s Petition for Formal Administrative Proceeding 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
-
Robert L. Chapman, Esquire
Address of Record -
Ronda L. Moore, Esquire
Address of Record -
John R. Thomas, Esquire
Address of Record -
Timothy W. Weber, Esquire
Address of Record -
Randy Yoho
Address of Record -
John R Thomas, Esquire
Address of Record