09-001546 Nestle Waters North America, Inc. vs. Angelo`s Aggregate Materials, Ltd., D/B/A Angelo`s Recycled Materials And Department Of Environmental Protection
 Status: Closed
Recommended Order on Friday, June 28, 2013.


View Dockets  
Summary: The applicant for construction and operation permits for a Class I landfill failed to provide reasonable assurance that the proposed landfill would meet all applicable permitting criteria.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8ANGELO'S AGGREGATE MATERIALS,

11LTD., d/b/a ANGELO'S RECYCLED

15MATERIALS,

16Petitioner,

17vs. Case No. 09 - 1543

23DEPARTMENT OF ENVIRONMENTAL

26PROTECTION,

27Respondent,

28and

29CRYSTAL SPRINGS PRESERVE, INC.;

33CITY OF TAMPA; AND CITY OF

39ZEPHYRHILLS,

40Intervenors.

41/

42CARL ROTH, JOHN FLOYD, LOUIS

47POTENZIANO, AND MARVIN HALL,

51Petitioners ,

52vs. Case No. 09 - 1544

58ANGELO'S AGGREGATE MATERIALS,

61LTD., d/b/a ANGELO'S RECYCLED

65MATERIALS, AND DEPARTMENT OF

69E NVIRONMENTAL PROTECTION,

72Respondents.

73______________________________/

74WRB ENTERPRISES, INC.,

77Petitioner,

78vs. Case No. 09 - 1545

84ANGELO'S AGGREGATE MATERIALS,

87LTD., d/b/a ANGELO'S RECYCLED

91MATERIALS, AND DEPARTMENT OF

95ENVIRONMENTAL PROTECTION,

97Resp ondents.

99______________________________/

100NESTL É WATER S NORTH AMERICA,

106INC.,

107Petitioner,

108vs. Case No. 09 - 1546

114ANGELO'S AGGREGATE MATERIALS,

117LTD, d/b/a ANGELO'S RECYCLED

121MATERIALS, AND DEPARTMENT OF

125ENVIRONMENTAL PROTECTION,

127Respondents.

128_______________________ _______/

130RECOMMENDED ORDER

132The final hearing in this case was held in Temple Terrace,

143Florida , on September 24 - 26, Octobe r 1 - 4, 10 - 12, 15 - 18, and

161December 3 - 6, 2012, before Bram D. E. Canter, Administrative Law

173Judge with the Division of Administrative Hearings ("DOAH").

183APPEARANCES

184For Angelo ' s Aggregate Materials, LTD:

191Jacob D. Varn, Esquire

195Linda Loomis Shelley, Esquire

199Karen A. Brodeen, Esquire

203Fowler , White , Boggs , P.A.

207101 North Monroe Street, Suite 1090

213Tallahassee, F lorida 32301 - 1547

219For City of Tampa: Janice M. McLean, Esquire

227City of Tampa

2307th Floor

232315 East Kennedy Boulevard

236Tampa, Florida 33602 - 5211

241Doug Manson, Esquire

244William Bilenky , Esquire

247Manson Bolves, P.A.

2501101 W est Swann Avenue

255Tampa, Florida 33606 - 2637

260For City of Zephyrhills:

264Joseph A. Poblick, Esquire

2685335 8th Street

271Zephyrhills, Florida 33542 - 4312

276For Crystal Springs Preserve, Inc.:

281Wayne E. Flowers , Esquire

285Lewis , Longman & Walker, P.A.

290245 Riverside Avenue, Suite 150

295Jacksonville, Florida 32256 - 4931

300For Department of Environmental Protection:

305Stan ley Warden, Esquire

309Christopher Dale McGuire, Esquire

313Randy J. Miller, II, Esquire

318Department of Envi ronmental Protection

323Mail Station 35

3263900 Commonwealth Boulevard

329Tallahassee , Florida 32399 - 3000

334For Carl Roth, John Floyd, Louis Potenziano, and

342Marvin Hall:

344Carl Roth, Qualified Representative

3488031 Island Drive

351Port Richey, Florida 34668 - 6220

357For Nestlé Waters North America, Inc.:

363Doug Manson, Esquire

366William Bilenky, Esquire

369Brian Bolves, Esquire

372Manson Bolves, P.A.

3751101 W est Swann Avenue

380Tampa, Florida 3 3606 - 2637

386For WRB Enterprises, Inc.:

390David Smolker, Esquire

393Smolker , Bartlett , Schlosser , Loeb

397& Hinds, P.A.

400500 East Kennedy Boulevard, Suite 200

406Tampa, Florida 33602 - 4936

411STATEMENT OF THE IS SUE

416The issue to be determined in this proceeding is whether

426Angelo ' s Aggregate Materials, LTD ("Angelo's") is entitled to

438permits from the Department of Environmental Protection

445("Department") to construct and operate a Class I landfill in

457Pasco County.

459PRELIMINARY STATEMENT

461In 2006, Angelo ' s applied to the Department for a

472construction permit and an operation permit for a Class I

482landfill. On February 12, 2009, the Department issued a Notice

492of Intent to Deny Permits.

497Angelo ' s filed a petition for hear ing to contest the denial

510of its applications, which was designated DOAH Case No. 09 - 1543.

522Carl Roth, John Floyd, Marvin Hall, and Louis Potenziano filed a

533petition for hearing in support of the denial, which was

543designated DOAH Case No. 09 - 1544. WRB Ent erprises, Inc.

554("WRB") , filed a petition in support of the denial, which was

567designated DOAH Case No. 09 - 1545. Nestlé Waters North America,

578Inc. ( " Nestlé " ) filed a petition in support of the denial, which

591was designated DOAH Case No. 09 - 1546. The cases w ere

603consolidated for hearing. Thereafter, Crystal Springs Preserve,

610Inc., the City of Tampa, and the City of Zephyrhills were

621granted leave to intervene in support of permit denial.

630In March 2010, the case was placed in abeyance. Angelo ' s

642amended and res ubmitted its permit applications to the

651Department. On January 5, 2012, the Department filed a

660Statement Reaffirming Intent to Deny Permit and the case was s et

672for final hearing. Angelo ' s and Nestlé were subsequently

682granted leave to amend their petition s.

689At the final hearing, the parties opposed to the issuance

699of the permits referred to themselves as the "Aligned Parties."

709Although their individual attorneys called different witnesses,

716the testimony and exhibits were generally presented on behalf of

726a ll the Aligned Parties.

731The Department presented the testimony of: Jon Arthur,

739Ph.D., P.G., accepted as an expert in the geology of Florida ;

750David Carrier, Ph.D, P.E . , accepted as an expert in geotechnical

761engineering ; and Susan Pelz, P.E., the Department Ós Waste

770Program Administrator for the Southwest District and primary

778reviewer of AngeloÓs permit applications. Department Exhibits

7851, 4, 5, 8, 18, and 19 were admitted into evidence.

796Nestlé presented the testimony of: Phil Davis, accepted as

805an expert i n hydrology, hydrogeology, and hydraulic modeling;

814Joseph Fluet, P.E., accepted as an expert in engineering with

824subspecialty, landfill liner design and landfill design;

831Darrell Hanecki, P.E., accepted as an expert in geotechnical

840engineering; Cathleen Jon as, P.G., accepted as an expert in

850geology and hydrogeology; Dr. Dale Rucker, accepted as an expert

860in geophysics, modeling, and geohydrology; Shawn Severn, Ph.D.,

868accepted as an expert in toxicology and microbiology and the

878subfield of fate and impact of complex chemical mixtures to the

889environment; Sam Upchurch, Ph.D., P.G., accepted as an expert in

899geology, geochemistry, karst science and statistics; and

906Kent Koptiuch, Nestlé's corporate representative and a

913geologist.

914WRB Enterprises ( " WRB " ) presented the testimony of:

923Michael Cotter, P.E., accepted as an expert in general civil

933engineering, surface water hydrology, geotechnical engineering,

939and the design, engineering, construction, operation, and

946management of landfills; and Richard Mortensen, P.E., accepted

954as expert in geotechnical engineering and sinkhole assessment

962and remediation. WRB Exhibits 8, 11, 12, 13, 16 , 17, 20, 22,

97432, 34, 44, 48, 50, 93, and 112 were admitted into evidence.

986Crystal Springs Preserve, Inc. ( " Crystal Springs") ,

994presented the testimony of Robert Thomas, its CEO and corporate

1004representative. Crystal Springs Exhibits 1 - 4G were admitted

1013into evidence.

1015Carl Roth, John Floyd, Louis Potenziano, and Marvin Hall

1024called no witnesses. Carl Roth, John Floyd, Louis Potenziano,

1033and M arvin Hall Exhibits 1 - 11 were admitted into evidence.

1045Aligned Parties (joint) Exhibits 1, 3, 5, 7, 13 - 24, 27, 32,

105833, 42, 43, 46 - 49, 83, 95, 118, 159, 168, 171, 172, 200 - 208, and

1075212 - 214 were admitted into evidence.

1082AngeloÓs presented the testimony of: Jo hn Arnold, the

1091project manager and Angelo's corporate representative;

1097Dominic Iafrate, Vice - President of Angelo ' s; Les Bromwell,

1108Sc.D., P.E., accepted as an expert in geotechnical engineering;

1117Carl Brown, P.G., accepted as an expert in geology and

1127geophysi cal testing; Carl Christman, accepted as an expert in

1137geotechnical engineering; Thomas Brown, P.G., accepted as an

1145expert in geology and hydrogeology; Dennis Davis, P.E., accepted

1154as an expert in design, construction , and civil engineering

1163related to landf ills; Don Hullings, P.E., accepted as an expert

1174in solid waste facility design and engineering, civil

1182engineering as it relates to site development for landfills, and

1192geotechnical engineering; Robert Powell, Ph.D., P.E., accepted

1199as an expert in hydrology and hydrogeology; Anthony Randazzo,

1208Ph.D., P.E., accepted as an expert in geology and geotechnical

1218testing; and, Doug Smith, Ph.D., P.G., accepted as an expert in

1229geology, geophysics, and M ultiple Electrode Resistivity testing

1237and interpolation. AngeloÓs Exhibits 1 - 6, 8 - 14, 17, 19, 20, 22,

125132, 33, 34, 37, 45, 48 - 52, 72, 75, 77, 79, 80 - 82, 99, 116 - 131,

1270133, 135, 149, 151, 152, 175, 177, 179 Î 186, 189 - 192, and 200

1285were admitted into evidence.

1289The 28 - volume Transcript of the final hearing was filed

1300with DOAH. The Aligned Parties filed a single joint proposed

1310recommended order and Angelo's filed a proposed recommended

1318order. The proposed orders were carefully considered in the

1327preparation of this Recommended Order.

1332FINDINGS OF FACT

1335A. The Parties

13381. The De partment is the state agency with the power and

1350duty under chapter 403, Florida Statutes, to review and take

1360action on applications for permits to construct and operate

1369solid waste management facilities, including landfills.

13752. Angelo's is a Florida limit ed partnership authorized to

1385conduct business under the name Angelo's Recycled Materials.

1393Angelo's filed the permit applications which are the subject of

1403this proceeding. Angelo ' s owns the property on which the

1414proposed landfill would be constructed and operated.

14213. Crystal Springs Preserve is a Florida corporation that

1430owns approximately 525 acres in Pasco County, Florida on which

1440is located Crystal Springs, a second magnitude spring that flows

1450into the Hillsborough River. The property is about 10 mile s

1461south of Angelo's proposed landfill site.

14674. Crystal Springs Preserve's primary business activities

1474are selling spring water for bottling for human consumption and

1484operating an environmental education center that focuses on

1492Crystal Springs and the Hills borough River. Crystal Springs

1501Preserve hosts approximately 50,000 visitors annually at the

1510environmental education center.

15135. Crystal Springs Preserve holds a water use permit which

1523authorizes it to withdraw up to 756,893 gallons of water per day

1536(annua l average) from Crystal Springs for production of bottled

1546water. The water is transported about three miles to a water

1557bottling facility operated by Nestlé.

15626. Nestlé is a private corporation engaged in the business

1572of bottling and selling spring water. Nestlé purchases spring

1581water from Crystal Springs Preserve. Nestlé's "Zephyrhills

1588Spring Water" brand is composed of approximately 90 percent

1597Crystal Springs water and 10 percent Madison Blue Spring water.

16077. The only water treatment applied by Nestlé is filtering

1617the water to remove gross contaminants and passing the water

1627through ultraviolet light or ozone to kill any potential

1636bacteria before bottling. Nestlé has established " norms " for

1644its spring water and would not be able to use the water from

1657Cr ystal Springs if its chemical composition varied significantly

1666from the norms.

16698. WRB is a Florida corporation that owns 1,866 acres in

1681Pasco County known as Boarshead Ranch. Boarshead Ranch is

1690adjacent to the east and south of AngeloÓs property and is

1701a pproximately 3,000 feet from the proposed landfill at its

1712closest point.

17149 . Boarshead Ranch is currently being used for

1723agricultural, recreational, residential , and conservation

1728purposes, including wildlife management. Nearly all of

1735Boarshead Ranch is su bject to a conservation easement held by

1746the Southwest Florida Water Management District (SWFWMD) . The

1755conservation easement allows WRB to continue agricultural

1762operations.

176310 . Numerous agricultural water wells are located on

1772Boarshead Ranch. WRB holds a water use permit which authorizes

1782the withdrawal of 820,000 gallons per day ( gpd ) (annual average)

1795for a number of uses, including production of agricultural

1804products, animal drinking water, and personal use.

18111 1 . The City of Zephyrhills is located in Pa sco County and

1825is a municipal corporation. Zephyrhills ' water service area

1834encompasses Zephyrhills and portions of Pasco County.

1841Zephyrhills owns, operates , and maintains a water distribution

1849and transmission system of pipes, pump stations, and storage

1858t anks within the City and its service area.

18671 2 . Zephyrhills holds a water use permit which authorizes

1878nine potable water supply wells with a combined withdrawal of

18882.9 million gallons per day ( " mgd " ) (annual average).

1898Zephyrhills has two new production we lls located about two miles

1909southeast of the proposed landfill.

19141 3 . The City of Tampa owns and operates the David L.

1927Tippin Water Treatment Plant, the Hillsborough River dam, and

1936the City of Tampa reservoir on the Hillsborough River. Flows

1946from Crystal S prings make up a substantial amount of the water

1958in the Hillsborough River, especially during drought conditions

1966when the spring flow accounts for about 50 percent of the flow.

19781 4 . The City of Tampa holds a water use permit which

1991authorizes the withdrawal 82 mgd (annual average). The City of

2001Tampa owns, operates, and maintains a water distribution and

2010transmission system of pipes, pump stations, and storage tanks

2019within the City and its service area.

20261 5 . Carl Roth, Marvin Hall, and Louis Potenziano own

2037p roperty in Pasco County near the proposed landfill site.

2047Roth's property is 3.5 miles west of the proposed landfill site;

2058Hall's property is located approximately one mile southwest of

2067the site; and Potenziano's property is 1.6 miles to the

2077south/southeas t of the site. Roth, Hall , and Potenziano have

2087water wells on their properties.

20921 6 . The record does not establish that John Floyd owns

2104property in the area. Floyd and Associates, Inc. , owns about 55

2115acres in the area and holds a water use permit authori zing the

2128withdrawal of water for agricultural uses.

2134B . The Stipulated Agreement

21391 7 . On March 1, 2010, Angelo ' s filed with DOAH a

" 2153Stipulated Agreement " signed by all parties. The Stipulated

2161Agreement states in relevant part:

2166Angelo ' s shall provide a fin al design,

2175revised complete permit application and site

2181investigation (referred to jointly as

" 2186Revised Submittal " ) to DEP with copies to

2194all Parties and DEP shall make a completeness

2202determination prior to this proceeding being

2208set for a new final hearing date.

2215* * *

2218Angelo ' s shall not revise its permit

2226application or supporting information beyond

2231the Revised Submittal prior to or during the

2239final hearing except in response to issues

2246raised by DEP.

22491 8 . It appears that the Aligned Parties did not reme mber

2262the Stipulated Agreement until the commencement of the final

2271hearing. They did not object before then to any of the evidence

2283which Angelo's had prepared or intended to prepare for hearing on

2294the basis that it violated the terms of the Stipulated Agre ement.

2306At the commencement of the hearing, Nestlé argued that the

2316Stipulated Agreement barred Angelo ' s from revising its

2325application or presenting new support for its project at the

2335final hearing.

23371 9 . The Stipulated Agreement is unusual and the necessity

2348for Angelo's to make any concessions to the Aligned Parties in

2359order to obtain their agreement to an abeyance was not explained.

2370Allowing an applicant time to amend a permit application is

2380usually good cause for an abeyance.

238620 . The Stipulated Agreement allowed Angelo ' s to continue

2397to respond to issues raised by the Department. Angelo's contends

2407that all of the evidence it presented at the final hearing

2418qualifies as a response to issues raised by the Department.

2428C. The Proposed Landfill

24322 1 . Angelo's applied to construct and operate a Class I

2444landfill with associated buildings and leachate holding tanks.

2452Application No. 22913 - 001 - SC/01 corresponds to the construction

2463permit application and Application No. 22913 - 001 - SO/01

2473corresponds to the operation permit application.

24792 2 . A Class I landfill is a landfill authorized to receive

2492Class I waste, which is solid waste from households and

2502businesses. Class I waste does not include hazardous waste,

2511yard waste, or construction and demolition debris. See Fla .

2521Admin. Code R. 62 - 701.200(13) and (14).

25292 3 . The proposed landfill would be approximately 30 acres

2540in size. It is part of a 1 , 020 - acre parcel owned by Angelo's

2555that is west of County Road 35 and south of Enterprise Road in

2568Pasco County. The site is cur rently leased for cattle grazing

2579and hay and sod production. There are also spray fields, orange

2590groves, and a pond on the 1,020 - acre parcel.

26012 4 . Angelo's would construct the landfill by first

2611clearing the 30 - acre site. It would then excavate and fill t o

2625create the design subgrade or floor of the landfill with slopes

2636required for the liner system. The subgrade would be compacted

2646with a vibratory roller.

26502 5 . After the subgrade compaction, the grouting plan would

2661be implemented. The grouting plan calls for grouting 39

2670subsurface locations on the site that have voids, loose soils,

2680or other unstable characteristics.

26842 6 . A liner system would be installed after the grouting

2696is completed and the subgrade is finished. From the bottom

2706upward, the liner system would begin with a 12 - inch layer of

2719clay, over which a reinforcement geotextile would be installed,

2728followed by another 12 - inch layer of clay. This reinforcement

2739geotextile is in addition to the double liner system required by

2750Department rule. Its purpo se is to maintain the integrity of

2761the liner system in the event that a sinkhole occurs beneath the

2773landfill.

27742 7 . Installed above the reinforcement geotextile and clay

2784layer would be a 60 - millimeter high - density polyethylene

2795( " HDPE " ) geomembrane, followed by a HDPE drainage net. These

2806last two components comprise the secondary leachate collection

2814system.

28152 8 . Above the HDPE drainage net would be the primary

2827leachate collection system, consisting of another 60 - millimeter

2836HDPE geomembrane and HDPE drainage net, followed by a

2845geotextile, then a 12 - inch sand layer for drainage, and an

2857additional 12 - inch sand layer for protection against puncture of

2868the HDPE liner.

28712 9 . A 48 - inch layer of selected waste, free of items that

2886could puncture the liner, would be the first waste placed over

2897the primary leachate collection system.

290230 . "Leachate " is " liquid that has passed through or

2912merged from solid waste and may contain soluble, suspended, or

2922miscible materials. " See Fla. Admin. Code R. 62 - 701.200(66).

29323 1 . Leachat e would be collected through a system of

2944perforated pipes that empty into a sloping trench with a

2954leachate collection pipe. The leachate collection pipe would

2962run down the center of the landfill to the lowest point where a

2975pump would send the collected le achate through a force main 0.25

2987miles to storage tanks.

29913 2 . Five above - ground storage tanks would be installed on

3004a concrete pad with capacity to store 90,000 gallons of

3015leachate. The stored leachate would be periodically transported

3023to an offsite locat ion, such as a wastewater treatment facility,

3034for disposal.

3036D. Sinkholes and Karst

30403 3 . The terms "sinkhole" and "sinkhole activity" are not

3051defined by Department rule, but the statutory definitions in

3060chapter 627, a chapter dealing with insurance coverag e for homes

3071and other buildings, are generally consistent with the

3079scientific meanings of these terms. The term " sinkhole " is

3088defined in section 627.706(2)(h) as:

3093a landform created by subsidence of soil,

3100sediment, or rock as underlying strata are

3107dissolv ed by groundwater. A sinkhole forms

3114by collapse into subterranean voids created

3120by dissolution of limestone or dolostone or

3127by subsidence as these strata are dissolved.

3134The term " sinkhole activity " is defined in section 627.706(2)(i)

3143as:

3144settlement or sy stematic weakening of the

3151earth supporting the covered building only

3157if the settlement or systematic weakening

3163results from contemporaneous movement or

3168raveling of soils, sediments, or rock

3174materials into subterranean voids created by

3180the effect of water o n a limestone or

3189similar rock formation.

31923 4 . Sinkholes occur throughout Florida. There have been

3202many reported and confirmed sinkholes in Pasco County. The more

3212common type of sinkhole that has occurred on the Brooksville

3222Ridge is a "cover subsidence" sinkhole, which is caused by voids

3233in the limestone and the downward movement - - "raveling" - - of

3246overlying soils into the cavity. Eventually, the loss of soils

3256in the raveling zone will propagate upward until the soils at the

3268ground surface also move downwar d and a depression is form ed at

3281the surface. Cover subsidence sinkholes develop slowly and are

3290usually small, less than ten feet in diameter.

32983 5 . Less common are "cover collapse" sinkholes, which can

3309form in a matter of days or hours as the result of the collapse

3323of the "roof" of a dissolved cavity in the limestone. These

3334sinkholes are usually large and deep.

33403 6 . The occurrence of a sinkhole does not always mean that

3353areas near the sinkhole are unstable. However, the occurrence of

3363a sinkhole is reasona ble cause for concern about the stability of

3375nearby areas and a reasonable basis for the Department to require

3386thorough geologic investigations.

33893 7 . "Karst" refers to limestone that is undergoing

3399dissolution and it is common in Florida. A sinkhole forms in

3410karst.

34113 8 . "Epikarst" is limestone that was weathered while

3421exposed above sea level millions of years ago before being

3431submerged again. It is generally softer and more permeable than

3441unweathered limestone.

34433 9 . " Paleokarst " refers to karst that is ver y old in

3456geologic time. P aleosinks are old sinkhole features in the

3466paleokarst. A paleosink may no longer be unstable because it has

3477been filled in for thousands or millions of years.

348640 . A " lineament, " or a " photolineament, " is a relatively

3496straight li ne seen in the topography or aerial photographs of

3507the ground surface in an area. It might be defined by soil

3519color, sloughs, ponds, wetlands, or other land features that

3528follow a linear path. Lineaments are sometimes, but not always,

3538associated with sub surface fractures in the bedrock where one

3548would expect to also find active karst, sinkholes, and

3557relatively rapid groundwater flow.

35614 1 . Even where there is no lineament, there can be

3573fractures in limestone that, when extensive enough, will allow

3582for "fra ctured," "preferential," or "conduit flow" of

3590groundwater. Fractured flow can occur in a small area or may go

3602on for miles. Springs in Florida are usually associated with

3612fractured flow or conduit flow that allows groundwater to move

3622through the aquifer a long distance relatively rapidly, in weeks

3632rather than decades.

3635E . Geotechnical Investigation

36394 2 . The Department's rules require subsurface conditions to

3649be explored and described, including soil stratigraphy, soft

3657ground, lineaments, and unstable area s, but the rules do not

3668require the application of any particular geologic testing

3676technique. An applicant's testing program is primarily a

3684function of the professional judgment of the applicantÓs

3692geologist in cooperation with Department staff.

36984 3 . The a mount of geological testing done by Angelo ' s

3712during its initial testing was similar to what was done for

3723recent landfill applications. Angelo's conducted additional

3729testing to respond to Department concerns and to prepare for the

3740final hearing in this cas e, making the total amount of testing at

3753Angelo ' s proposed site more extensive than is usual for a

3765proposed landfill.

37674 4 . The geologic investigation conducted by Angelo's

3776experts to determine subsurface features, including any

3783sinkholes, employed several technologies. Split Spoon

3789Penetrometer Test (SPT) or SPT borings were drilled with a drill

3800rig that advances a split spoon sampler into the ground with a

3812140 pound hammer. The hammer is dropped 30 inches and the number

3824of blows required to drive the samp ler each successive 12 inches

3836is referred to as the " N " value and indicates soil strength and

3848density. The higher the N value, the denser the soil. When the

3860material is so dense the drill rod cannot (essentially) be

3870hammered deeper, the N value is shown as " R, " which stands for

" 3882refusal. "

38834 5 . SPT Bore logs also note any observed "weight of

3895hammer," "weight of rod," or "loss of circulation." These terms

3905describe areas where the drilling encounters very soft material

3914or voids. Weight of rod, for example , means the weight of the

3926drilling rod, by itself, with no hammer blow, was enough to cause

3938the rod to fall deeper through the soil or rock.

39484 6 . Cone Penetrometer Test ( " CPT " ) borings were also

3960conducted. CPT borings are relatively shallow, performed wit h a

3970hand - held rod and special tip that the operator pushes into the

3983ground. The CPT equipment continuously measures and records tip

3992resistance and sleeve resistance as the rod moves downward

4001through soils. It is helpful in some applications, but is less

4012precise in determining soil type, strength, and compressibility

4020than SPT borings and cannot be used to explore deep zones.

40314 7 . Ground penetrating radar ( " GPR " ) studies w ere used.

4044GPR equipment transmits pulses of radio frequency waves into the

4054ground. T he manner in which the radio waves are reflected

4065indicates the types of soil and rock encountered. It can also

4076detect cavities and other features that would suggest karst

4085activity. When the GPR identifies geologic features of interest,

4094they can be furthe r investigated with SPT borings.

41034 8 . Another investigative tool used by Angelo's was

4113Multiple Electrode Resistivity (" MER ") . MER uses a grid of wires

4126and electrodes and the equipment interprets the resistivity of

4135electrical signals transmitted through th e subsurface. MER data

4144can be displayed in a two dimensional or three dimensional

4154format, depending on the software program that is used to process

4165the data. Like GPR, MER is useful for indentifying geologic

4175features of interest that can be further explo red with SPT

4186borings. However, GPR generally has good resolution only near

4195the ground surface, while MER has good resolution to a depth of

4207100 feet.

4209F. The Regional Geology

42134 9 . The proposed site is in a geologic transition zone on

4226the eastern flank of a regional, geological feature known as the

4237Brooksville Ridge. It is a transition zone for both the

4247Suwannee Limestone and Hawthorn Group.

425250 . The Brooksville Ridge was formed when it was part of

4264the coastline. In its geologic past, the Brooksville Rid ge

4274experienced sea level changes, weathering, erosion of sediments,

4282and beach reworking.

42855 1 . The general layering of geologic features on the

4296Brooksville Ridge, from the top down, begins with topsoil and a

4307layer of sand. Under the sand layer is the Hawth orn Group, an

4320older geologic layer consisting of a heterogeneous mix of

4329limestone, clays, and sands which generally range in depth from

4339slightly under 60 feet to 80 feet or more. It was formed by

4352river and wind erosion, flushing, and re - deposition in a be ach

4365dune environment.

43675 2 . Below the Hawthorn Group is the Suwannee Limestone

4378Formation, which is present throughout eastern Pasco County.

4386The upper surface of the Suwannee Limestone Formation is

4395undulating, due to a gradual chemical weathering of its upp er

4406surface, representing a "paleokarst environment."

44115 3 . Underlying the Suwannee Limestone Formation is the

4421Ocala Limestone Formation. It extends throughout most of

4429Florida. It is composed of nearly pure limestone and is

4439considered the Floridan Aquifer. It extends across the siteÓs

4448subsurface.

44495 4 . Angelo's used the Florida Geologic Survey's data base

4460to determine there are six sinkholes within five miles of the

4471proposed landfill.

44735 5 . A seventh sinkhole, not in the data base, is the 15 -

4488foot sinkhole at the Angelo's Enterprise Road Facility landfill,

4497a Class III landfill (yard waste and construction and demolition

4507debris) about a mile northwest of the proposed site. Angelo's

4517contends that the sinkhole at its Class III landfill was

"4527induced" during const ruction of the facility by the diversion

4537of stormwater runoff to an area where overburden had been

4547removed.

45485 6 . The average diameter of the seven sinkholes is 11.9

4560feet.

4561G. The Geology of the Proposed Site

45685 7 . Rule 62 - 701.410(2)(c) requires a geotechnic al site

4580investigation and report, which shall:

4585(a) Explore and describe subsurface

4590conditions including soil stratigraphy and

4595ground water table conditions;

4599(b) Explore and address the presence of

4606muck, previously filled areas, soft ground,

4612lineaments, a nd sinkholes;

4616(c) Evaluate and address fault areas,

4622seismic impact zones, and unstable areas as

4629described in 40 C.F.R. 258.13, 258.14 and

4636258.15;

4637(d) Include estimates of the average and

4644maximum high ground water table across the

4651site; and

4653(e) Include a foundation analysis to

4659determine the ability of the foundation to

4666support the loads and stresses imposed by the

4674landfill. It may include geotechnical

4679measures necessary to modify the foundation

4685to accommodate the imposed loads and

4691stresses. The foundation shall be analyzed

4697for short - term, end of construction, and

4705long - term stability and settlement

4711conditions. Considering the existing or

4716proposed subgrade conditions and the landfill

4722geometry, analysis shall include:

47261. Foundation bearing capacity;

47302. Subg rade settlements, both total and

4737differential; and

47393. Subgrade slope stability.

47435 8 . Angelo's conducted a geotechnical site investigation,

4752but it was not adequate, as discussed below and in sections I.

4764and J .

47675 9 . The proposed landfill site is geologicall y complex,

4778having features that are discontinuous horizontally and

4785vertically. The site has karst features or areas where the

4795limestone has dissolved. There is a clay layer in some areas,

4806but it is not continuous and its depth and thickness vary.

4817There are deposits of hard and soft sands at various depths.

4828There are pinnacles of limestone surrounded by softer materials.

483760 . Photographs from a quarry called the Vulcan Mine,

4847located on the western flank of the Brooksville Ridge , show

4857exposed features in the top 20 to 30 feet of the Suwannee

4869Limestone in the region. The features at the Vulcan Mine are

4880roughly similar to features at the Angelo's site.

48886 1 . There are a number of shallow depressions on the

4900surface of the ground on the Angelo's site. The ori gin and

4912significance of these depressions was a matter of dispute. The

4922Aligned Parties believe they represent sinkhole activity, but

4930the evidence presented did not rise to the level of proof.

4941However, Angelo's did not prove they were unassociated with

4950ge otechnical issues that could affect the proposed landfill.

49596 2 . Angelo's offered no reasonable explanation for the

4969depressions. Determining the exact cause of the depressions may

4978not be possible even with more extensive investigation, but it

4988was Angelo's responsibility as the permit applicant, pursuant to

4997rule 62 - 701.410(2)(c), to make a greater effort to account for

5009them.

50106 3 . Angelo's initial permit application identified two

5019intersecting lineaments on Angelo's property, based on aligned

5027lowlands, enclos ed valleys, and ponds. Angelo's contends the

5036lineaments do not reflect an unstable subsurface or fractured

5045limestone. The Aligned Parties contend that the lineament s are

5055regional feature s and reflect fractures in the bedrock. They

5065also contend that the onsite pond , which is located along the

5076lineament, is an old sinkhole.

50816 4 . The Aligned Parties did not prove the proposed

5092landfill site is above an area of fractured bedrock, but the

5103evidence presented by Angelo's was incomplete and insufficient

5111to show t here are no fractures. The limestone on the site was

5124not adequately investigated for voids and fractures. Angelo's

5132did not refute the possibility that the lineaments reflect a

5142significant subsurface feature that could affect both site

5150stability and groun dwater movement.

5155H. The Regional and Local Hydrogeology

51616 5 . Rule 62 - 701.410(1) requires a hydrogeological

5171investigation and site report, which shall:

5177(a) Define the landfill site geology and

5184hydrology and its relationship to the local

5191and regional hydro geologic patterns

5196including:

51971. Direction and rate of ground water and

5205surface water flow, including seasonal

5210variations;

52112. Background quality of ground water and

5218surface water;

52203. Any on site hydraulic connections between

5227aquifers;

52284. For all confini ng layers, semi - confining

5237layers, and all aquifers below the landfill

5244site that may be affected by the landfill,

5252the porosity or effective porosity,

5257horizontal and vertical permeabilities, and

5262the depth to and lithology of the layers and

5271aquifers; and

52735. Topography, soil types and

5278characteristics, and surface water drainage

5283systems of the site and surrounding the site.

5291(b) Include an inventory of all the public

5299and private water wells within a one - mile

5308radius of the proposed landfill site. The

5315inventory s hall include, where available:

53211. The approximate elevation of the top of

5329the well casing and the depth of each well;

53382. The name of the owner, the age and usage

5348of each well, and the estimated daily

5355pumpage; and

53573. The stratigraphic unit screened, wel l

5364construction technique, and static water

5369levels of each well.

5373(c) Identify and locate any existing

5379contaminated areas on the landfill site.

5385(d) Include a map showing the locations of

5393all potable wells within 500 feet of the

5401waste storage and disposal areas to

5407demonstrate compliance with paragraph 62 -

5413701.300(2)(b), F.A.C.

54156 6 . Angelo's conducted a hydrogeological investigation,

5423but it was not adequate, as discussed below.

54316 7 . Angelo's and the Aligned Parties disputed the

5441hydrogeological characteristic s of the proposed landfill site

5449and region. The principal disputes related to the direction and

5459velocity of groundwater flow.

54636 8 . Angelo's contends that groundwater flows from the

5473landfill site to the west, making the proposed landfill site

5483part of the W ithlacoochee River groundwater basin. The Aligned

5493Parties contend that groundwater flows south toward Crystal

5501Springs and, therefore, the site is within the "springshed" of

5511Crystal Springs.

55136 9 . A United States Geological Survey map of the Crystal

5525Springs springshed shows Angelo's proposed landfill site within

5533the springshed. A springshed study done for S W FWMD also

5544indicates the site is within the Crystal Springs springshed, but

5554the District has not always been consistent in its statements

5564about the groun dwater basin boundaries in this area.

557370 . A water chemistry analysis of the groundwater in the

5584area of Angelo's proposed landfill indicates that the site is an

5595area of higher recharge and within the Crystal Springs

5604springshed.

56057 1 . T he springshed boundary can shift , depending on

5616rainfall.

56177 2 . Angelo's hydrogeological evidence was not sufficient

5626to refute the reasonable possibility that the proposed landfill

5635site is within the Crystal Springs springshed. Therefore, the

5644Department's determination whether A ngelo's has provided

5651reasonable assurances must account for the threat of

5659contamination to Crystal Springs and the other public and

5668private water supply sources to the south.

56757 3 . There are no creeks or streams and only a few lakes in

5690the area between Crys tal Springs and the Angelo ' s site. The

5703absence of surface runoff features indicates it is an area of

5714high recharge to the groundwater. Crystal Springs is in an area

5725of conduit flow.

57287 4 . The hydrologic investigation conducted by Angelo ' s was

5740not thorough enough to characterize surficial aquifer flow and

5749flow between aquifers.

57527 5 . The preponderance of the evidence shows more

5762groundwater recharge to the Floridan Aquifer in the area than

5772estimated by Angelo's. Angelo's hydrogeological investigation

5778was ina dequate to refute the possibility of fractured flow or

5789rapid groundwater movement at the proposed landfill site.

57977 6 . Angelo's contends there is a continuous clay confining

5808layer that would prevent contamination from moving into deep

5817zones, but the prepond erance of the evidence shows discontinuity

5827in the clay and large variations in thickness and depth.

58377 7 . The landfill ' s impermeable liner will impede water

5849movement downward from the landfill, but groundwater will still

5858recharge from outside the landfill t o carry any contaminants

5868deeper.

58697 8 . If fractured flow or conduit flow extends south from

5881the proposed landfill site, any leachate released into the

5890groundwater beneath the landfill could travel rapidly toward the

5899water supply sources of the City of Zephy rhills, Crystal Springs,

5910Nestlé, and the City of Tampa.

5916I. Whether the Proposed Landfill is in an Unstable Area

59267 9 . Rule 62 - 701.200(2)(a) prohibits the storage or

5937disposal of solid waste "[i]n an area where geological

5946formations or other subsurface fea tures will not provide support

5956for the solid waste." However, the Department has adopted by

5966reference a federal regulation, 40 C.F.R. 258.15, which allows a

5976landfill to be constructed in a geologically unstable area if

5986the permit applicant can demonstrate that engineering measures

5994are incorporated into the design to ensure that the integrity of

6005the landfillÓs structural components " will not be disrupted. "

601380 . The parties presented evidence on many disputed issues

6023of fact at the final hearing, but most of the case involved two

6036ultimate questions: whether the proposed landfill site is

6044unstable and, if so, whether Angelo's has proposed measures that

6054would eliminate the unstable conditions and make the site

6063suitable for a landfill.

60678 1 . An "unstable area" is defined in 40 C.F.R. § 258.15

6080as:

6081A location that is susceptible to natural or

6089human - induced events or forces capable of

6097impairing the integrity of some or all of the

6106landfill structural components responsible

6110for preventing releases from a landfill.

6116Un stable areas can include poor foundation

6123conditions, areas susceptible to mass

6128movements, and Karst terrains.

61328 2 . There is overwhelming evidence that the proposed

6142landfill site is an unstable area. A considerable amount of

6152evidence presented by Angelo's supports this finding. For

6160example, Angelo's experts agreed there are loose soils, evidence

6169of raveling, and sinkhole activity. These conditions make the

6178site susceptible to natural or human - induced events or forces

6189capable of impairing the integrity of some or all of the

6200landfill structural components responsible for preventing

6206releases from the proposed landfill.

62118 3 . The Department's landfill permitting staff requested a

6221sinkhole risk assessment from the Florida Geologic Survey

6229("FGS"). The State Geol ogist and Director of the FGS,

6241Dr. Jonathan Arthur, believes the potential for sinkhole

6249formation at the proposed site is moderately high to high. That

6260potential is consistent with the characterization of the area as

6270unstable.

6271J. Whether the Proposed Eng ineering Measures Are Adequate

62808 4 . Because the site is unstable, AngeloÓs must

6290demonstrate that engineering measures have been incorporated into

6298the landfill's design to ensure that the integrity of its

6308structural components will not be disrupted. See 40 C.F.R.

6317§ 258.15(a). The engineering measures proposed by Angelo's are

6326discussed below. Because it was found that Angelo's

6334hydrogeological and geotechnical investigations were not

6340sufficient to characterize all potentially unstable features of

6348the subsur face, it was not demonstrated that the proposed

6358engineering measures would overcome the instability and make the

6367site suitable for a landfill.

6372Roller Compaction

63748 5 . Angelo's would use roller compaction on the graded

6385floor of the landfill to compact the soils to a depth of about

6398five feet and eliminate any voids within that depth. The

6408Aligned Parties did not contradict Angelo's evidence that its

6417proposed roller compaction will be done in a manner exceeding

6427what the Department usually requires as far as r oller force and

6439the number of roller "passes." However, roller compaction will

6448not affect deep voids.

6452Liner System

64548 6 . In order to ensure that the landfillÓs liner system

6466components will not be disrupted in the event of a sinkhole,

6477AngeloÓs proposes to include the reinforcement geotextile

6484discussed above. The Department previously approved the use of

6493geotextile reinforcement, combined with grouting, to demonstrate

6500site stability for the Hernando County Northwest Landfill, which

6509had a comparable risk of sinkhole formation according to the

6519Department.

65208 7 . The reinforcement geotextile can span a 15 - foot

6532diameter sinkhole without failure. As found above, the average

6541diameter of the seven sinkholes within five miles of the

6551proposed landfill is 11.9 feet.

65568 8 . Angelo's proved that the proposed liner system meets

6567all applicable criteria , except the requirement of rule 62 -

6577701.400(3)(a) that the liner be installed upon a geologically

6586stable base.

6588Grouting Plan

65908 9 . Angelo's grouting plan would be implemented to fill

6601voids and stabilize areas of loose or weak material. The

6611grouting plan was first designed to grout all locations where

6621there was a Weight of Hammer, Weight of Rod, Loss of

6632Circulation, or loose sands, as indicated by a low blow count.

6643Angelo's re vised the grout plan to include several more areas of

6655concern identified later, for a total of 39 locations.

666490 . Each grout location would have seven grout points, one

6675in the center and six others equally - spaced on a ten - foot radius

6690from the center. If m ore than ten cubic yards of grout is

6703needed, additional grout points further outward would be

6711injected until the void or loose soils are filled or stabilized.

67229 1 . Although Angelo's proposes to grout every boring of

6733concern, that still ties the integrity o f the grouting plan to

6745the thoroughness of the borings. The geologic evidence

6753indicates that there are unstable areas which the grouting plan

6763does not address. The Aligned Parties' MER analysis was

6772persuasive in identifying potential areas of instability that

6780were omitted from Angelo's investigation and from its grouting

6789plan.

67909 2 . There are other unstable areas exist ing on the site

6803that should be grouted or otherwise engineered to provide

6812support for the landfill.

68169 3 . The grouting plan does not provide reasonable

6826assurance that the integrity of the structural components of the

6836landfill will not be disturbed.

6841K. Other Issues Raised by the Aligned Parties

68499 4 . The Aligned Parties raise a number of other issues,

6861some of which begin with the assumption th at the site is

6873unstable and a large sinkhole would form at the landfill. This

6884sometimes mixes issues inappropriately. It has been found that

6893Angelo's did not provide reasonable assurance that the site will

6903support the proposed landfill, but other project elements must

6912be reviewed on their own merits where possible, assuming the

6922site was engineered for stability.

6927Leachate Collection System

69309 5 . There is a single leachate collection trench in the

6942center of the two landfill cells, which makes the landfill

6952operate much like a single cell. The two halves of the cell

6964slope toward the center, so that leachate will drain to the

6975leachate collection trench, and the entire landfill slopes to

6984the west, so that the trench will drain to a sump from which the

6998leachate is pumped to storage tanks. At full capacity, the

7008landfill will generate about 40,000 gallons of leachate per day.

70199 6 . Careful cutting and grading of the earth is necessary

7031to create the slopes that are essential to the proper

7041functioning of the project Ós leachate collection system.

7049Settlement analyses are necessary to assure that the slopes are

7059maintained.

70609 7 . Rule 62 - 701.410(2)(e) requires a foundation analysis

7071which must include a study of "subgrade settlements, both total

7081and differential." " Total settlement" refers to the overall

7089settlement of a landfill after construction and the loading of

7099solid waste. " Differential settlement " compares settlement at

7106two different points.

71099 8 . Angelo's did not meet its burden to provide reasonable

7121assurance on this point. The settlement analysis conducted by

7130Angelo's was amended two or three times during the course of the

7142final hearing to account for computational errors and other

7151issues raised by the Aligned Parties. The analysis never came

7161completely into fo cus. The final analysis was not signed and

7172sealed by a professional engineer.

71779 9 . The settlement analysis is dependent on the geologic

7188analysis, which is inadequate.

7192100 . Without adequate settlement and geologic analyses, it

7201cannot be determined that le achate collection would meet

7210applicable criteria.

7212Storage Tanks

721410 1 . The Aligned Parties contend that the leachate storage

7225tanks cannot be supported by the site. Because it was found

7236that Angelo's geologic investigation was not adequate to

7244identify all unstable areas, it is also found that Angelo's

7254failed to provide reasonable assurance that the site would

7263support the leachate storage tanks. In all other respects, the

7273Aligned Parties failed to refute Angelo's demonstration that the

7282storage tanks would m eet applicable criteria.

7289Groundwater Monitoring Plan

729210 2 . The Aligned Parties contend that there is an

7303insufficient number of monitor wells proposed by Angelo's to

7312detect a leak from the landfill and the wells are too shallow.

7324Because it was found tha t Angelo's did not adequately

7334characterize the geology and hydrology of the proposed landfill

7343site, the monitoring plan does not provide reasonable assurance

7352of compliance with applicable criteria.

7357Cell Design

735910 3 . The Aligned Parties contend that the "mega - cell"

7371design proposed by Angelo's provides less flexibility to respond

7380to and isolate landfill problems than other landfill designs

7389with smaller cells, and the mega - cell design could generate more

7401leakage. No evidence was presented to show whether A ngelo's

7411design was one that had been approved or rejected in the past by

7424the Department. Although it is not the best landfill design,

7434the Aligned Parties did not show that the proposed design

7444violates any permitting criteria.

7448Operation and Closure

745110 4 . The evidence presented by the Aligned Parties in

7462support of their issues regarding the operation of the proposed

7472landfill, such as noise, odor, and traffic, was not sufficient

7482to refute Angelo's evidence of compliance with applicable

7490criteria, with one e xception: Angelo's has not provided an

7500adequate contingency plan to show how it would respond to a

7511sinkhole or other incident that required the landfill to be shut

7522down and repaired.

752510 5 . Assuming the site was engineered to support the

7536landfill, there is nothing about the Closure Plan that the

7546Aligned Parties showed does not meet applicable criteria.

7554CONCLUSIONS OF LAW

7557A. Standing

755910 6 . In order to have standing to participate as a party,

7572a person must have substantial rights or interests that

7581reasonabl y could be affected by the agencyÓs action. See St.

7592Johns Riverkeeper, Inc. v. St. Johns River Water Mgmt. Dist. , 54

7603So. 3d 1051, 1055 (Fla. 5th DCA 2011).

761110 7 . John Floyd did not testify at the final hearing.

7623There is no evidence in the record showing that Floyd owns

7634property with a water well near the proposed landfill site. He

7645may be involved with Floyd and Associates, Inc., which the

7655record does show is the owner of property and a water well near

7668the site, but Floyd and Associates , Inc., is not a pa rty and

7681cannot simply be substituted for John Floyd. Therefore, Floyd's

7690standing to participate was not established.

769610 8 . All of the other Aligned Parties have standing

7707because their uses of water are substantial interests and

7716evidence was offered that t heir uses of water could be impaired

7728by the construction and operation of the proposed landfill.

773710 9 . Angelo's argues that the challengers cannot show an

7748injury because groundwater does not flow from the landfill

7757toward their water wells and any discharge d leachate will be

7768detected and pumped out before it enters the groundwater.

7777However, standing in a section 120.57 proceeding does not depend

7787upon a party prevailing on factual disputes that determine

7796whether the party would be injured; it depends on offe ring

7807evidence to prove the party could be injured. St. Johns

7817Riverkeeper , supra ; Peace River/Manasota Reg'l Water Supply

7824Auth. v . IMC Phosphates Co. , 18 So. 3d 1079, 1084 (Fla. 2d DCA

78382009).

78391 10 . The Aligned Parties offered evidence that the

7849groundwater beneath the landfill could become contaminated.

7856Angelo's presented evidence that groundwater flows west from the

7865proposed site. The Aligned Parties presented evidence that the

7874groundwater flows south. All of the challengers (except John

7883Floyd) own proper ty and use water wells located west or south of

7896the proposed landfill. This evidence is sufficient under St.

7905Johns Riverkeeper to establish their standing.

791111 1 . Some evidence related to odors, "vectors," and other

7922aspects of a landfill operation was offe red by WRB, but the

7934evidence does not tend to prove that WRB could be injured as a

7947result. The evidence did not show how Angelo's would fail to

7958meet the criteria applicable to these potential impacts. WRB

7967did not establish a basis for standing in additio n to the

7979potential impairment of its water use.

798511 2 . Angelo's claims that Nestlé's alleged injury would be

7996purely economic, because Nestlé bottles and sells water. That

8005claim misconstrues the law of standing. Nestlé has a

8014substantial interest in its use of water and this proceeding is

8025designed to prevent water contamination. The fact that Nestlé

8034receives income from its water use is not a basis for denying it

8047standing. Impairment of Nestlé's water use is the injury that

8057gives it standing, not the resul ting loss of income.

8067B. The Stipulated Agreement

807111 3 . This is a de novo proceeding for the purpose of

8084determining final agency action. See Cap e letti Bros. v. DepÓt

8095of Gen. Servs. , 432 So. 2d 1359, 1363 - 64 (Fla. 1st DCA 1983).

8109The effect the Aligned P arties wish to give to the Stipulated

8121Agreement interferes with that fundamental purpose.

812711 4 . Because it is determined that Angelo's did not

8138demonstrate entitlement to the permits, taking into account all

8147of the evidence presented by Angelo's, the motion by the Aligned

8158Parties to exclude some of the evidence is hereby denied.

8168C. Burden and Standard of Proof

817411 5 . Angelo's, as the applicant for the permits, has the

8186burden to prove that it is entitled to the permits because it

8198meets all applicable permit ting criteria. See Fla. Dep't of

8208Transp. v. J.W.C. Co., Inc. , 396 So. 2d 778 (Fla. 1st DCA 1981).

822111 6 . Rule 62 - 701.320(9) directs the Department to deny a

8234landfill permit if reasonable assurance is not provided that the

8244requirements of chapters 62 - 4 and 62 - 701 will be satisfied.

825711 7 . " Reasonable assurance " means " a substantial

8265likelihood that the project will be successfully implemented. "

8273Metro . Dade Cnty . v. Coscan Fl a. , Inc. , 609 So. 2d 644, 648

8288(Fla. 3d DCA 1992); Save Anna Maria, Inc. v. Dep ' t. of T ransp . ,

8304700 So. 2d 113, 117 (Fla. 2d DCA 1997).

831311 8 . Findings of fact must be based on a preponderance of

8326the evidence. See § 120.57(1)(j), Fla. Stat.

8333D. The Department's Joinder in Issues

833911 9 . Angelo's argues that the Department should not be

8350allowe d to join in the issues raised by the other Aligned

8362Parties which are different from the reasons for denying the

8372permits identified in the Department's Notice of Intent. The

8381Department's joinder in the issues raised by the other Aligned

8391Parties was manife sted for the first time in the parties' pre -

8404hearing stipulation.

84061 20 . Angelo's agrees that the Department is not always

8417bound by the issues identified in a Notice of Intent, but

8428asserts that the Department should be bound in this instance

8438because its late notice of joinder in the other issues did not

8450afford Angelo's a reasonable opportunity to prepare to refute

8459the issues. Angelo's acknowledges that no Department witness

8467testified that Angelo's failed to meet any criterion other than

8477the criteria listed i n the Department's Notice of Intent, but

8488Angelo's contends that, if it had known the Department was going

8499to join in other issues, it would have conducted discovery on

8510the Department's interpretation of the rules implicated by the

8519claims of the other Align ed Parties. However, because these

8529issues had been raised by other parties, Angelo's was already

8539alerted to the possible benefit of conducting discovery on the

8549Department's interpretation of the rules involved.

855512 1 . Furthermore, Angelo's did not take rea sonable action

8566available to it to cure any prejudice. Near the beginning of

8577the multi - week final hearing, the hearing was suspended to allow

8589for additional discovery, but Angelo's did not request to

8598conduct the discovery it now says it needed.

8606E. Appli cable Rules

861012 2 . The criteria for the permitting of solid waste

8621facilities are set forth in rule chapter 62 - 701. That chapter

8633has been amended more than once since Angelo's original

8642application was filed with the Department. Angelo's cites rule

865162 - 701. 220(1) in support of its argument that the rules that

8664were in effect when Angelo's application was deemed complete by

8674the Department on August 15, 2008, are the rules that should be

8686applied in this proceeding; no later rule amendments.

869412 3 . Angelo's modif ied its application during the course

8705of the proceeding. Angelo's is not relying on the application

8715as it existed on August 15, 2008. It is relying on the

8727application it completed during the course of the final hearing.

873712 4 . In addition, Angelo's does n ot explain how the

8749application of any particular rule amendment that took effect

8758after August 15, 2008 , would be prejudicial. The recommendation

8767made in this Recommended Order would not be different if the

8778version of chapter 62 - 701 in effect on August 15, 2008, had been

8792applied instead of the version in effect at the time of the

8804final hearing.

8806F. Compliance with Permitting Criteria

881112 5 . AngeloÓs hydrogeological and geotechnical

8818investigations did not adequately define the landfill site

8826geology and hydr ology and its relationship to the local and

8837regional hydrogeologic patterns as required by rule 62 -

8846701.410(1)(a).

884712 6 . Without an adequate geotechnical investigation,

8855Angelo's failed to insure the integrity of the structural

8864components of the landfill wil l not be disrupted , as required by

887640 C.F.R § 258.15.

888012 7 . Angelo's did not provide reasonable assurance that

8890the proposed landfill liner system would be installed upon a

8900base and in a geologic setting capable of providing structural

8910support as required by rule 62 - 701.400(3)(a).

891812 8 . Because the hydrogeol og ical investigation is

8928inadequate, the proposed monitoring plan cannot be determined to

8937be adequate. It cannot be determined, for example, that the

8947monitoring system has a sufficient number of groundw ater wells

8957installed at appropriate locations and depths as required by

8966rule 62 - 701.510.

897012 9 . Rule 62 - 701.340(1) requires a landfill to be

8982designed, constructed, operated, maintained, closed, and

8988monitored to control the movement of waste into the environ ment

8999so that water quality standards will not be violated. Angelo's

9009contends that its proposed project meets the minimum design

9018standards in rule 62 - 701.400 and, therefore, Angelo's is

9028entitled to the presumption that it has provided reasonable

9037assurances that water quality standards will not be violated.

90461 30 . Angelo's did not prove that its design meets all of

9059the minimum standards in the rule. Angelo's did not prove that

9070it meets the standard in rule 62 - 701.400(3)(a)2. that the liner

9082will be "[i]nstall ed upon a base and in a geologic setting

9094capable of providing structural support to prevent overstressing

9102of the liner due to settlements and applied stresses."

911113 1 . Furthermore, the Department rebutted the presumption

9120in the rule by presenting evidence a t the final hearing that the

9133site specific conditions warrant more stringent standards. The

9141Department imposed on Angelo's some additional design standards

9149above the minimum standards in rule 62 - 701.400, but remained

9160unconvinced that Angelo's project coul d be successfully

9168implemented.

916913 2 . The presumption in rule 62 - 701.400(1) does not

9181eliminate an applicant's need to prove compliance with the

9190requirement found elsewhere in rule chapter 62 - 701 to conduct

9201adequate hydrogeological and geotechnical investiga tions and the

9209prohibition against constructing a landfill in an area that is

9219unstable unless adequate engineering measures have been proposed

9227so that the site will support the proposed landfill.

9236G. Inconsistent Agency Action

924013 3 . Angelo's contends that the Department acted

9249inconsistently in denying Angelo's permits because the

9256Department has permitted other landfills in areas with sinkhole

9265activity. The Department counters that "every site is

9273different." That is an unfortunate short - hand description o f

9284the permitting process because it suggests a lack of

9293predictability.

929413 4 . The record evidence does not establish how Angelo's

9305proposed site compares to other landfill sites permitted by the

9315Department. Angelo's was given an opportunity to present a

9324com parison, but did not do so in a manner that avoided relevance

9337objections from opposing parties. Angelo's did not offer

9345evidence to show that the Department has accepted similar

9354assurances as sufficient for a landfill in an unstable area with

9365the potential for contaminating several public and private

9373drinking water sources.

937613 5 . It is logical that the quantum of assurance that is

9389deemed reasonable by the Department should be higher when there

9399is a potential for a higher level of harm. Here, the potential

9411harm -- contamination of several public and private drinking water

9421sources -- is a high level of harm. Therefore, the assurance

9432required that the harm will not occur must be commensurately

9442high.

944313 6 . Angelo's emphasizes that sinkholes have formed at

9453other la ndfills permitted by the Department . However, under the

9464permitting criteria in rule chapter 62 - 701, the occurrence of

9475sinkholes at permitted landfills represents a failure of the

9484permitting process that the Department must take into account

9493and strive to prevent.

9497H. Irresponsible Applicant

950013 7 . The Aligned Parties contend that, in determining

9510whether Angelo's provided reasonable assurance, Angelo's past

9517irresponsible conduct should be considered. The Department may

9525deny the application for a solid was te facility permit if an

9537applicant has " repeatedly violated pertinent statutes, rules,

9544and orders or permit terms relating to any sol i d waste facility

9557and who is deemed to be irresponsible as defined by department

9568rule. " See § 403.707(8), Fla. Stat.

9574138 . An applicant is " irresponsible " if he owned or

9584operated a solid waste management facility in Florida that was

9594the subject of a state or federal notice of violation, judicial

9605action , or criminal prosecution for violations of chapter 403 or

9615rules adopted under that chapter. See Fla. Admin. Code R. 62 -

9627701.320(3)(b). The Aligned parties failed to prove that

9635Angelo's operated a solid waste facility that was the subject of

9646any of these enforcement proceedings.

9651RECOMMENDATION

9652Based on the foregoing Findings of Fact and Conclusions of

9662Law, it is

9665RECOMMENDED that the Department of Environmental Protection

9672deny Angelo's Permit Application Nos. 22913 - 001 - SC/01 and 22913 -

9685002 - SO/01.

9688DONE AND ENTERED this 28th day of June , 2013 , in

9698Tallahassee, Leon County, Florida .

9703S

9704BRAM D. E. CANTER

9708Administrative Law Judge

9711Division of Administrative Hearings

9715The DeSoto Building

97181230 Apalachee Parkway

9721Tallahassee, Florida 32399 - 3060

9726(850) 488 - 9675

9730Fax Filing (850) 921 - 6847

9736www.doah.state.fl.us

9737Filed with the Clerk of the

9743Division of Administrative Hearings

9747this 28th day of June , 2013 .

9754COPIES FURNISHED :

9757Carl Roth , Qualified Representative

97618031 Island Drive

9764Port Richey, Florida 34668 - 6220

9770Christopher M. Kise, Esquire

9774Foley and Lardner, LLP

97781 06 East College Avenue, Suite 900

9785Tallahassee, Florida 32301 - 7732

9790Wayne E. Flowers, Esquire

9794Lewis, Longman and Walker, P.A.

9799Suite 150

9801245 Riverside Avenue

9804Jacksonville, Florida 32202 - 4931

9809Janice M. McLean, Esquire

9813City of Tampa

98167th Floor

9818315 East Kenn edy Boulevard

9823Tampa, Florida 33602 - 5211

9828Joseph A. Poblick, Esquire

9832City of Zephyrhills

98355335 8th Street

9838Zephyrhills, Florida 33542 - 4312

9843Doug Manson, Esquire

9846William Bilenky, Esquire

9849Brian A. Bolves, Esquire

9853Manson Bolves, P.A.

98561101 West Swann Avenue

9860Tam pa, Florida 33606 - 2637

9866J acob D. Varn, Esquire

9871Linda Loomis Shelley, Esquire

9875Karen A. Brodeen, Esquire

9879Fowler, White, Boggs, P.A.

9883101 North Monroe Street, Suite 1090

9889Tallahassee, Florida 32302 - 1547

9894David Smolker, Esquire

9897Smolker, Bartlett, Schlosser,

9900Loeb and Hinds, P.A.

9904Suite 200

9906500 East Kennedy Boulevard

9910Tampa, Florida 33602 - 4936

9915Stanley Warden, Esquire

9918Christopher Dale McGuire, Esquire

9922Department of Environmental Protection

9926Mail Station 35

99293900 Commonwealth Boulevard

9932Tallahassee, Florida 32399 - 3 000

9938William D. Preston, Esquire

9942William D. Preston, P.A.

99464832 - A Kerry Forest Parkway

9952Tallahassee, Florida 32309 - 2272

9957Herschel T. Vinyard, Jr., Secretary

9962Department of Environmental Protection

9966Mail Station 35

99693900 Commonwealth Boulevard

9972Tallahassee, F lorida 32399 - 3000

9978Matthew Z. Leopold, General Counsel

9983Department of Environmental Protection

9987Mail Station 35

99903900 Commonwealth Boulevard

9993Tallahassee, Florida 32399 - 3000

9998Lea Crandall, Agency Clerk

10002Department of Environmental Protection

10006Mail Station 35

100093 900 Commonwealth Boulevard

10013Tallahassee, Florida 32399 - 3000

10018NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

10024All parties have the right to submit written exceptions within

100341 5 days from the date of this Recommended Order. Any exceptions

10046to this Recommended Order sh ould be filed with the agency that

10058will issue the Final Order in this case.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 09/16/2013
Proceedings: Agency Final Order
PDF:
Date: 09/16/2013
Proceedings: Clarification of Joint Response to Exceptions filed.
PDF:
Date: 09/16/2013
Proceedings: Joint Response to Exceptions filed.
PDF:
Date: 09/16/2013
Proceedings: Petitioner's Exceptions to Recommended Order filed.
PDF:
Date: 09/16/2013
Proceedings: Agency Final Order filed.
PDF:
Date: 06/28/2013
Proceedings: Recommended Order
PDF:
Date: 06/28/2013
Proceedings: Order.
PDF:
Date: 06/28/2013
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 06/28/2013
Proceedings: Recommended Order (hearing held September 24-26, October 1-4, 10-12, 15-18 and December 3-6, 2012). CASE CLOSED.
PDF:
Date: 06/27/2013
Proceedings: Order (FILED IN ERROR).
PDF:
Date: 06/26/2013
Proceedings: Nestle Waters North America's Notice of Supplemental Authority filed.
PDF:
Date: 06/21/2013
Proceedings: Notice of Filing Supplemental Authority filed.
PDF:
Date: 05/29/2013
Proceedings: Letter to Judge Canter from L. Shelley regarding exhibits (exhitbits not available for viewing) filed.
PDF:
Date: 04/15/2013
Proceedings: Crystal Springs Preserves, Inc.'s Notice of Adopting Petitioner, Nestle Waters North America, Inc.'s Proposed Recommended Order filed.
PDF:
Date: 04/15/2013
Proceedings: DEP's Notice of Adopting Nestle Waters North America, Inc.'s Proposed Recommended Order filed.
PDF:
Date: 04/15/2013
Proceedings: WRB Enterprises, Inc.'s Notice of Adopting Petitioner, Nestle Water North America, Inc.'s Proposed Recommended Order filed.
PDF:
Date: 04/15/2013
Proceedings: Angelo's Aggregate Materials, Ltd's Proposed Recommended Order filed.
PDF:
Date: 04/15/2013
Proceedings: Notice of Filing Proposed Recommended Order and Index filed.
PDF:
Date: 04/15/2013
Proceedings: Aligned Parties' Proposed Recommended Order filed.
PDF:
Date: 04/15/2013
Proceedings: City of Tampa's Notice of Adopting Petitioner, Nestle Waters North America, Inc.'s Proposed Recommended Order filed.
PDF:
Date: 04/15/2013
Proceedings: Floyd, Hall, Potenziano, Roth Notice of Adopting Petitioner, Nestle Waters North America, Inc.'s Proposed Recommended Order (filed in Case No. 09-001544).
PDF:
Date: 04/02/2013
Proceedings: Joint Notice of Filing Errata Sheet for Final Hearing Transcript Errors filed.
PDF:
Date: 03/08/2013
Proceedings: WRB Enterprises, Inc.'s Notice of Change of Firm Name (filed in Case No. 09-001545).
PDF:
Date: 03/04/2013
Proceedings: Nestle Waters North America, Inc.'s Notice of Change of Firm Name filed.
PDF:
Date: 03/01/2013
Proceedings: Joint Notice of Filing Hearing Transcript, Volumes I-XXVIII (not available for viewing).
Date: 02/27/2013
Proceedings: Four Boxes of Hearing Exhibits (not available for viewing) filed.
PDF:
Date: 02/21/2013
Proceedings: WRB Enterprises, Inc.'s Designation of Electronic Mail Addresses (filed in Case No. 09-001545).
PDF:
Date: 02/01/2013
Proceedings: Notice of Filing DEP Composite Exhibit 1 filed.
Date: 12/03/2012
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 11/27/2012
Proceedings: Notice of Filing Expert Disclosures of Richard A. Mortensen, P.E. (filed in Case No. 09-001545).
PDF:
Date: 11/26/2012
Proceedings: Petitioners Nestle Waters, City of Tampa, and the Alligned(sic) Parties Disclosure of Expert Opinions filed.
PDF:
Date: 11/21/2012
Proceedings: Notice of Filing filed.
PDF:
Date: 10/29/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Notice of Taking Deposition Duces Tecum of Les Bromwell filed.
PDF:
Date: 10/29/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Notice of Taking Deposition Duces Tecum of Donald E. Hullings filed.
PDF:
Date: 10/19/2012
Proceedings: Notice of Hearing (hearing set for December 3 through 7, 2012; 1:00 p.m.; Temple Terrace, FL).
Date: 10/15/2012
Proceedings: CASE STATUS: Hearing Partially Held; continued to December 3, 2012; 1:00 p.m.; Temple Terrace, FL.
PDF:
Date: 10/11/2012
Proceedings: Memorandum of Law in Support of Position that Florida Department of Environmental Protection is Not Limited to the Issues Stated in its Notice of Intent to Deny Permit Application filed.
Date: 10/10/2012
Proceedings: CASE STATUS: Hearing Partially Held; continued to October 15, 2012; 1:00 p.m.; Temple Terrace, FL.
PDF:
Date: 10/10/2012
Proceedings: Angelo's Memorandum of Law Relating to Issues Not Raised by DEP in its Notice of Intent filed.
PDF:
Date: 10/08/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Notice of Taking Deposition Duces Tecum of Les Bromwell filed.
PDF:
Date: 10/08/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Deposition Duces Tecum (of S. Severn) filed.
PDF:
Date: 10/05/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Notice of Taking Deposition Duces Tecum of Robert L. Powell, Ph.D., P.E. filed.
PDF:
Date: 10/05/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Notice of Taking Deposition Duces Tecum of Field Tech, Geologist, Anthony Randazzo and Douglas Smith, Ph.D. filed.
PDF:
Date: 10/04/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Notice of Taking Deposition Duces Tecum of J. P. Giroud filed.
PDF:
Date: 10/03/2012
Proceedings: NWNA'S Amended Petition for Administrative Hearing (filed in Case No. 09-001546).
Date: 10/01/2012
Proceedings: CASE STATUS: Hearing Partially Held; continued to October 10, 2012; 9:00 a.m.; Temple Terrace, FL.
PDF:
Date: 09/28/2012
Proceedings: Notice of Appearance (Christopher McGuire) filed.
PDF:
Date: 09/28/2012
Proceedings: Notice of Appearance of Randy J. Miller, II filed.
PDF:
Date: 09/28/2012
Proceedings: Notice of Appearance of Chris McGuire filed.
Date: 09/24/2012
Proceedings: CASE STATUS: Hearing Partially Held; continued to October 1, 2012; 1:00 p.m.; Temple Terrace, FL.
PDF:
Date: 09/21/2012
Proceedings: Nestle Waters North America, Inc.'s Motion in Limine to Limit Testimony of J. P. Giroud (filed in Case No. 09-001546).
PDF:
Date: 09/21/2012
Proceedings: Order on Pending Motions.
PDF:
Date: 09/21/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Motion in Limine filed.
PDF:
Date: 09/21/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Response to Nestle Waters North America's Motion for Leave to File Amended Petition filed.
PDF:
Date: 09/21/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Response to Nestle Water North America's Motion in Limine filed.
PDF:
Date: 09/21/2012
Proceedings: Amended Notice of Hearing (hearing set for September 24 through 26, October 1 through 5, 8 through 12 and 15 through 19, 2012; 1:00 p.m.; Temple Terrace, FL; amended as to dates of hearing).
PDF:
Date: 09/21/2012
Proceedings: Order (granting unopposed motion to change final hearing schedule).
PDF:
Date: 09/20/2012
Proceedings: Motion to Change Final Hearing Schedule filed.
PDF:
Date: 09/20/2012
Proceedings: Nestle Waters North America's Motion in Limine filed.
PDF:
Date: 09/20/2012
Proceedings: WRB Enterprises, Inc.'s Joinder in Nestle Waters North America, Inc.'s Motion in Limine (filed in Case No. 09-001545).
PDF:
Date: 09/20/2012
Proceedings: Prehearing Stipulation filed.
PDF:
Date: 09/19/2012
Proceedings: Nestle Waters North America, Inc.'s Motion for Leave to File Amended Petition filed.
PDF:
Date: 09/17/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Amended Notice of Intent to Use Summary and Chart filed.
PDF:
Date: 09/13/2012
Proceedings: Notice to Parties Regarding Hearing Procedures.
PDF:
Date: 09/12/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Telephonic Deposition Duces Tecum (of J. Fluet) filed.
PDF:
Date: 09/06/2012
Proceedings: City of Zephyrhills's Responses to Angelo Aggregate Materials, Ltd's Second Request for Production of Documents filed.
PDF:
Date: 09/06/2012
Proceedings: Angelo's Aggregate Materials, Ltd d/b/a Angelo's Recycled Materials' Notice of Serving Answers to Nestle Waters North America, Inc.'s Second Interrogatories filed.
PDF:
Date: 09/05/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Deposition Duces Tecum (of D. Rucker) filed.
PDF:
Date: 09/04/2012
Proceedings: Department of Environmental Protection's Response to Angelo Aggregate Materials, Ltd's Third Request for Production of Documents filed.
PDF:
Date: 09/04/2012
Proceedings: Intervenor, City of Tampa's Response to Angelo's Aggregate Materials, Ltd's Third Request for Production of Documents filed.
PDF:
Date: 09/04/2012
Proceedings: Intervenor, Crystal Springs Preserve, Inc.'s Response to Angelo's Aggregate Materials Ltd's Second Request for Production of Documents filed.
PDF:
Date: 09/04/2012
Proceedings: Petitioner, WRB Enterprises, Inc.'s Response to Angelo's Aggregate Materials, Ltd.'s Third Request for Production of Documents (filed in Case No. 09-001545).
PDF:
Date: 08/31/2012
Proceedings: Notice of Filing Affidavits of Service filed.
PDF:
Date: 08/31/2012
Proceedings: Nestle Waters North America, Inc.'s Responses to Angelo's Aggregate Materials, Ltd's Third Request for Production of Documents filed.
PDF:
Date: 08/31/2012
Proceedings: Order (on Petitioner's motion to amend its petition).
PDF:
Date: 08/31/2012
Proceedings: Order (on motion for reconsideration of order granting renewed motion for entry upon land).
PDF:
Date: 08/31/2012
Proceedings: Department of Environmental Protection's Response to Angelo's Motion for Leave to Amend Petition filed.
PDF:
Date: 08/30/2012
Proceedings: Nestle Waters North America, Inc.'s and City of Tampa's Joint Response to Angelo's Motion for Leave to Amend Petition filed.
PDF:
Date: 08/30/2012
Proceedings: Department of Environmental Protection's Response to Angelo's Motion for Reconsideration of Order Granting Renewed Motion for Entry Upon Land filed.
PDF:
Date: 08/30/2012
Proceedings: Nestle Waters North America, Inc.'s Response to Angelo's Motion for Reconsideration of Order Granting Renewed Motion for Entry Upon Land filed.
PDF:
Date: 08/29/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Amended Notice of Taking Deposition Duces Tecum (as to D. Hanecki only) filed.
PDF:
Date: 08/28/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Deposition Duces Tecum (of C. Jonas, R. Mortensen, L. Carter, and D. Hanecki) filed.
PDF:
Date: 08/27/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Amended Notice of Taking Deposition Duces Tecum of Charlie "Bricky" Way (as to time only) filed.
PDF:
Date: 08/27/2012
Proceedings: Order (on motion for reconsideration of order granting renewed motion for entry upon land).
PDF:
Date: 08/27/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Motion for Reconsideration of Order Granting Renewed Motion for Entry Upon Land filed.
PDF:
Date: 08/27/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Deposition Duces Tecum (of D. Dewitt) filed.
PDF:
Date: 08/24/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Amended Notice of Taking Deposition Duces Tecum (of T. Dobecki) filed.
PDF:
Date: 08/24/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Second Amended Notice of Taking Deposition Duces Tecum (of P. Davis) filed.
PDF:
Date: 08/24/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Amended Notice of Taking Deposition Duces Tecum (of S. Upchurch) filed.
PDF:
Date: 08/23/2012
Proceedings: Letter to Judge Canter from Scott McLaren regarding Larkin's present right to use and occupy a portion of the real property filed.
PDF:
Date: 08/23/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Motion for Leave to Amend Petition filed.
PDF:
Date: 08/23/2012
Proceedings: Order (on petition to intervene filed by Sid Larkin and Son, Inc.).
PDF:
Date: 08/23/2012
Proceedings: Sid Larkin and Son Inc.'s Amended Petition to Intervene to Object to Entry Upon Land filed.
PDF:
Date: 08/23/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Notice of Taking Deposition Duces Tecum of Charlie "Bricky" Way (filed in Case No. 09-001546).
PDF:
Date: 08/22/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Amended Notice of Taking Deposition Duces Tecum (of P. Davis) filed.
PDF:
Date: 08/22/2012
Proceedings: Amended Notice of Appearance (Jill Bell, Scott McLaren, Benjamin Hill on behalf of Intervenor, Sid Larkin and Son, Inc.) filed.
PDF:
Date: 08/22/2012
Proceedings: Sid Larkin and Son, Inc.'s Petition to Intervene to Object to Entry Upon Land filed.
PDF:
Date: 08/22/2012
Proceedings: Notice of Appearance (Scott McLaren) filed.
PDF:
Date: 08/22/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Deposition Duces Tecum (of T. Dobecki) filed.
PDF:
Date: 08/22/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Notice of Taking Deposition Duces Tecum of Carl Christmann (filed in Case No. 09-001546).
PDF:
Date: 08/22/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Notice of Taking Deposition Duces Tecum of Brandon Comenzo (filed in Case No. 09-001546).
PDF:
Date: 08/21/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Amended Notice of Taking Telephonic Deposition Duces Tecum (of J. Palmer) filed.
PDF:
Date: 08/21/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Telephonic Deposition Duces Tecum (of J. Palmer) filed.
PDF:
Date: 08/21/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Deposition Duces Tecum (of M. Cotter) filed.
PDF:
Date: 08/21/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Deposition Duces Tecum (of K. Koptiuch) filed.
PDF:
Date: 08/21/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Notice of Taking Deposition Duces Tecum of Joel Raven (filed in Case No. 09-001546).
PDF:
Date: 08/20/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Notice of Taking Deposition Duces Tecum of Tom Brown (filed in Case No. 09-001546).
PDF:
Date: 08/20/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Amended Notice of Taking Deposition Duces Tecum of Dennis Davis (filed in Case No. 09-001546).
PDF:
Date: 08/20/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Notice of Taking Deposition Duces Tecum of Donald E. Hillings (filed in Case No. 09-001546).
PDF:
Date: 08/20/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Deposition Duces Tecum (of P. Davis) filed.
PDF:
Date: 08/20/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Deposition Duces Tecum (of S. Upchurch) filed.
PDF:
Date: 08/20/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Deposition Duces Tecum (of D. Carrier) filed.
PDF:
Date: 08/20/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Response to Nestle Waters North America, Inc.'s Fourth Request for Production of Documents filed.
PDF:
Date: 08/20/2012
Proceedings: Order.
PDF:
Date: 08/17/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Response In Opposition to Renewed Joint Second Request for Entry Upon Land for Inspection and Other Purposes filed.
PDF:
Date: 08/14/2012
Proceedings: Intervenor City of Zephyrhill's Potential Witness List filed.
PDF:
Date: 08/14/2012
Proceedings: Nestle Waters North America, Inc.'s Fourth Amended Potential Witness List filed.
PDF:
Date: 08/14/2012
Proceedings: WRB Enterprises, Inc.'s Amended Dislcosure of Witnesses (filed in Case No. 09-001545).
PDF:
Date: 08/13/2012
Proceedings: DEP'S Second Amended Disclosure of Potential Witnesses filed.
PDF:
Date: 08/13/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Second Amended Witness List filed.
PDF:
Date: 08/13/2012
Proceedings: Intervenor City of Tampa's Second Amended Potential Witness List filed.
PDF:
Date: 08/10/2012
Proceedings: Renewed Joint Motion to Compel Entry Upon Land for Inspection and Other Purposes filed.
PDF:
Date: 08/10/2012
Proceedings: Intervenor, Crystal Springs Preserve, Inc's Disclosure of Potential Witnesses for the Final Hearing filed.
PDF:
Date: 08/10/2012
Proceedings: John Floyd, Marvin Hall, Louis Potenziano, Carl Roth Response to Angelo's Aggregate Materials, Ltd.'s First Request for Production to John Floyd, Marvin Hall, Louis Potenziano, Carl Roth (filed in Case No. 09-001544).
PDF:
Date: 08/10/2012
Proceedings: Floyd, Hall, Potenziano, Roth Response to Prehearing Instructions Order for Witness Disclosure (filed in Case No. 09-001544).
PDF:
Date: 08/09/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Amended Notice of Taking Deposition Duces Tecum of Robert L. Powell (filed in Case No. 09-001546).
PDF:
Date: 08/09/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Amended Notice of Taking Deposition Duces Tecum of Les Bromwell (filed in Case No. 09-001546).
PDF:
Date: 08/06/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Amended Notice of Taking Deposition Duces Tecum (of R. Woods) filed.
PDF:
Date: 08/03/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Third Request for Production of Documents to DEP filed.
PDF:
Date: 08/03/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Third Request for Production of Documents to Nestle Waters North America, Inc. filed.
PDF:
Date: 08/03/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Second Request for Production of Documents to Crystal Springs Preserve, Inc. filed.
PDF:
Date: 08/03/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Second Request for Production of Documents to City of Zephyrhills filed.
PDF:
Date: 08/03/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Third Request for Production of Documents to City of Tampa filed.
PDF:
Date: 08/03/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Third Request for Production fo Documents to WRB Enterprises filed.
PDF:
Date: 08/03/2012
Proceedings: Angelo's Aggregate Materials, Ltd's First Request for Production to Carl Roth, John Floyd, Louis Potenziano, and Marvin Hall filed.
PDF:
Date: 08/02/2012
Proceedings: Louis Potenziano Responses to Angelo's Aggregate Materials, Ltd.'s First Request for Admissions to Louis Potenziano (filed in Case No. 09-001544).
PDF:
Date: 08/02/2012
Proceedings: Marvin Hall Responses to Angelo's Aggregate Materials, Ltd.'s First Request for Admissions to Marvin Hall (filed in Case No. 09-001544).
PDF:
Date: 08/02/2012
Proceedings: John Floyd Responses to Angelo's Aggregate Materials, Ltd.'s First Request for Admissions to John Floyd (filed in Case No. 09-001544).
PDF:
Date: 08/02/2012
Proceedings: Carl Roth Responses to Angelo's Aggregate Materials, Ltd.'s First Request for Admissions to Carl Roth (filed in Case No. 09-001544).
PDF:
Date: 08/01/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Notice of Cancellation of Deposition Duces Tecum of Robert Powell (filed in Case No. 09-001546).
PDF:
Date: 07/31/2012
Proceedings: City of Zephyrhill's Notice of Service of Answers to Angelo's Aggregate Materials, Ltd.'s First Set of Interrogatories filed.
PDF:
Date: 07/31/2012
Proceedings: Order.
PDF:
Date: 07/30/2012
Proceedings: DEP's Response Objecting to Angelo's Aggregate's Motion for Leave to Assert Additional Requests for Admissions filed.
PDF:
Date: 07/30/2012
Proceedings: City of Zephyrhills' Responses to Angelo's Aggregate Materials, Ltd's First Request for Admissions to City of Zephyrhills filed.
PDF:
Date: 07/30/2012
Proceedings: City of Zephyrhills' Notice of Serving Responses to Angelo's Aggregate Materials, Ltd's First Request for Admissions filed.
PDF:
Date: 07/30/2012
Proceedings: Nestle Waters North America, Inc.'s Responses to Angelo's Aggregate Materials, Ltd.'s First Request for Admissions to Nestle Waters North America, Inc filed.
PDF:
Date: 07/30/2012
Proceedings: Crystal Springs Preserve, Inc.'s Notice of Serving Responses to Angelo's Aggregate Materials, Ltd's First Request for Admissions filed.
PDF:
Date: 07/30/2012
Proceedings: DEP's Response to Angelo's Second Request for Admissions to Department filed.
PDF:
Date: 07/30/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Amended Notice of Taking Telephonic Deposition Duces Tecum (of N. Gaskin) filed.
PDF:
Date: 07/30/2012
Proceedings: WRB Enterprises, Inc.'s Notice of Service Responses to Angelo's Aggregate Materials, Ltd's First Request for Admissions (filed in Case No. 09-001545).
PDF:
Date: 07/30/2012
Proceedings: City of Tampa's Notice of Serving Responses to Angelo's Aggregate Materials, Ltd's First Request for Admissions filed.
PDF:
Date: 07/30/2012
Proceedings: City of Tampa's Responses to Angelo's Aggregate Materials, Ltd's First Request for Admissions filed.
PDF:
Date: 07/27/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Motion for Leave to Assert Additional Requests for Admission filed.
PDF:
Date: 07/27/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Amended Notice of Taking Depositions Duces Tecum (of M. Hall, L. Potenziano, J. Floyd, and C. Roth) filed.
PDF:
Date: 07/27/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Canceling Deposition Duces Tecum (of D. Carrier) filed.
PDF:
Date: 07/27/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Canceling Deposition (of M. Cotter) filed.
PDF:
Date: 07/27/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Notice of Taking Deposition Duces Tecum of Douglas L. Smith (filed in Case No. 09-001546).
PDF:
Date: 07/27/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Amended Notice of Taking Deposition Duces Tecum of Les Bromwell (filed in Case No. 09-001546).
PDF:
Date: 07/26/2012
Proceedings: Letter to J. Varn, L. Shelley, and K. Brodeen from S. Warden informing of Dr. Carrier's non-appearance for deposition scheduled for August 1, 2012 filed.
PDF:
Date: 07/24/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Amended Notice of Taking Deposition Duces Tecum (of J. Wong) filed.
PDF:
Date: 07/24/2012
Proceedings: City of Tampa's Response to Angelo's Aggregate Materials, Ltd.'s Second Request for Production filed.
PDF:
Date: 07/23/2012
Proceedings: Nestle Waters North America, Inc.'s Notice of Filing Affidavit of Dr. Upchurch filed.
PDF:
Date: 07/20/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Fourth Request for Production of Documents to Petitioner/Respondent Angelo's Aggregate Materials, Ltd. (filed in Case No. 09-001546).
PDF:
Date: 07/19/2012
Proceedings: Order (on joint motion for entry upon land).
Date: 07/19/2012
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 07/19/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Notice of Taking Deposition Duces Tecum of Scott E. Purcifull and Gerald O. Black (filed in Case No. 09-001546).
PDF:
Date: 07/19/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Notice of Taking Deposition Duces Tecum of George Reinhart (filed in Case No. 09-001546).
PDF:
Date: 07/19/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Notice of Taking Deposition Duces Tecum of Robert L. Powell (filed in Case No. 09-001546).
PDF:
Date: 07/19/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Notice of Taking Deposition Duces Tecum of Les Bromwell (filed in Case No. 09-001546).
PDF:
Date: 07/19/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Notice of Taking Deposition Duces Tecum of John Arnold, P.E., Individually and as a Corporate Representation (filed in Case No. 09-001546).
PDF:
Date: 07/19/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Notice of Taking Deposition Duces Tecum of Anthony F. Randazzo and Dennis Davis (filed in Case No. 09-001546).
PDF:
Date: 07/16/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Response to Joint Motion to Compel Entry Upon Land for Inspection and Other Purposes filed.
PDF:
Date: 07/13/2012
Proceedings: Nestle Waters North America, Inc.'s Responses to Angelo's Aggregate Materials, Ltd's Second Request for Production of Documents filed.
PDF:
Date: 07/13/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Depositions Duces Tecum (of R. Woods, K. Woods, K. Noll, B. Bozeman, V. Griepenburg and K. Stearns) filed.
PDF:
Date: 07/13/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Telephonic Deposition Duces Tecum (of J. Wong) filed.
PDF:
Date: 07/13/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Depositions Duces Tecum (of B. Baird and H. Lei) filed.
PDF:
Date: 07/13/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Depositions Duces Tecum (of D. Carrier and J. Fluet) filed.
PDF:
Date: 07/13/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Deposition Duces Tecum (of N. Gaskin) filed.
PDF:
Date: 07/13/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Depositions Duces Tecum (of M. Hall, L. Potenziano, J. Floyd, and C. Roth) filed.
PDF:
Date: 07/13/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Depositions Duces Tecum (of M. Cotter, R. Mortensen, P. Davis, L. Carter, D. Hanecki, S. Upchurch and T. Dobecki) filed.
PDF:
Date: 07/13/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Deposition Duces Tecum (of J. Palmer) filed.
PDF:
Date: 07/11/2012
Proceedings: Order (denying motion for more definite statement).
PDF:
Date: 07/10/2012
Proceedings: Angelo's Aggregate Materials, Ltd d/b/a Angelo's Recycled Materials' Notice of Serving Supplement Answers to Nestle Waters North America, Inc.'s Third Interrogatories filed.
PDF:
Date: 07/10/2012
Proceedings: Intervenor, Crystal Spring Preserve, Inc's Response in Opposition to Petitioner Angelo's Aggregate Materials, Ltd.'s Motion for More Definite Statement filed.
PDF:
Date: 07/10/2012
Proceedings: WRB Enterprises, Inc.'s Response in Opposition to Angelo's Motion for More Definite Statement from WRB Enterprises, Inc. (filed in Case No. 09-001545).
PDF:
Date: 07/10/2012
Proceedings: Joint Motion to Compel Entry Upon Land for Inspection and Other Purposes filed.
PDF:
Date: 07/09/2012
Proceedings: The City of Tampa's Response to Angelo's Aggregate Materials, Ltd's Motion for More Definite Statement filed.
PDF:
Date: 07/09/2012
Proceedings: Nestle Waters North America, Inc.'s Notice of Servicing Response to Angelo's Aggregate Materials, Ltd's Second Set of Interrogatories filed.
PDF:
Date: 07/09/2012
Proceedings: Response to Angelo's Aggregate Materials, Ltd's Motion for More Definite Statement from Nestle Waters North America, Inc; etc filed.
PDF:
Date: 07/02/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Motion for More Definite Statement from Nestle Waters North America, Inc; City of Tampa; City of Zephyrhills; WRB Enterprises, Inc.; and Crystal Springs Preserve, Inc. filed.
PDF:
Date: 06/29/2012
Proceedings: Angelo's Aggregate Materials, Ltd.'s First Request for Admissions to WRB Enterprises, Inc. filed.
PDF:
Date: 06/29/2012
Proceedings: Angelo's Aggregate Materials, Ltd.'s First Request for Admissions to Marvin Hall filed.
PDF:
Date: 06/29/2012
Proceedings: Angelo's Aggregate Materials, Ltd.'s First Request for Admissions to Louis Potenziano filed.
PDF:
Date: 06/29/2012
Proceedings: Angelo's Aggregate Materials, Ltd.'s First Request for Admissions to John Floyd filed.
PDF:
Date: 06/29/2012
Proceedings: Angelo's Aggregate Materials, Ltd.'s First Request for Admissions to Carl Roth filed.
PDF:
Date: 06/29/2012
Proceedings: Angelo's Aggregate Materials, Ltd.'s First Request for Admissions to City of Zephyrhills filed.
PDF:
Date: 06/29/2012
Proceedings: Angelo's Aggregate Materials, Ltd.'s First Request for Admissions to City of Tampa filed.
PDF:
Date: 06/29/2012
Proceedings: Angelo's Aggregate Materials, Ltd.'s First Request for Admissions to Crystal Springs Preserve, Inc. filed.
PDF:
Date: 06/29/2012
Proceedings: Angelo's Aggregate Materials, Ltd.'s First Request for Admissions to Nestle Waters North America, Inc. filed.
PDF:
Date: 06/29/2012
Proceedings: Angelo's Aggregate Materials, Ltd.'s Second Request for Admissions to State of Florida Department of Environmental Protection filed.
PDF:
Date: 06/25/2012
Proceedings: Order (denying joint motion to compel entry upon land for inspection and other purposes).
PDF:
Date: 06/22/2012
Proceedings: Joint Motion to Compel Entry Upon Land for Inspection and Other Purposes filed.
PDF:
Date: 06/19/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Second Request for Production of Documents to City of Tampa filed.
PDF:
Date: 06/18/2012
Proceedings: Angelo's Aggregate Materials, Ltd d/b/a Angelo's Recycled Materials' Notice of Serving Answers to Department of Environmental Protection's Second Set of Interrogatories filed.
PDF:
Date: 06/13/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Second Request for Production of Documents to Nestle Waters North America, Inc. filed.
PDF:
Date: 06/11/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Amended Notice of Taking Depositions Duces Tecum (of R. Thomas and W. Blanchard) filed.
PDF:
Date: 06/08/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Serving Second Interrogatories to Nestle Waters North America, Inc. filed.
PDF:
Date: 06/08/2012
Proceedings: DEP's Response to Angelo's Aggregate Materials, Ltd.'s Notice of Taking Depositions Duces Tecum of Richard Tedder filed.
PDF:
Date: 06/07/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Amended Notice of Taking Deposition Duces Tecum (of D. Henderson) filed.
PDF:
Date: 06/07/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Deposition Duces Tecum (of D. Henderson) filed.
PDF:
Date: 06/05/2012
Proceedings: DEP's Response to Angelo's Aggregate Materials, Ltd's Notice of Taking Depositions Duces Tecum filed.
PDF:
Date: 06/05/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Notice of Taking Depositions Duces Tecum of Charles Way, Ryan Emslie, and James Miller (filed in Case No. 09-001546).
PDF:
Date: 06/04/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Response In Opposition to Joint Second Request for Entry Upon Land for Inspection and Other Purposes filed.
PDF:
Date: 06/04/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Depositions Duces Tecum (R. Thomas and W. Blanchard) filed.
PDF:
Date: 06/01/2012
Proceedings: Angelo's Aggregate Materials, Ltd d/b/a Angelo's Recycled Materials' Notice of Serving Answers to Nestle Waters North America, Inc.'s Third Interrogatories filed.
PDF:
Date: 05/31/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Response to Nestle Waters North America, Inc.'s Third Request for Production of Documents filed.
PDF:
Date: 05/30/2012
Proceedings: Notice of Appearance (William Bilenky; filed in Case No. 09-001546).
PDF:
Date: 05/30/2012
Proceedings: Notice of Filing Affidavits of Service filed.
PDF:
Date: 05/24/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Deposition Duces Tecum (of R. Tedder) filed.
PDF:
Date: 05/24/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Deposition Duces Tecum (of J. Arthur) filed.
PDF:
Date: 05/18/2012
Proceedings: Notice of Service of DEP's Second Set of Interrogatories to Angelo's Aggregate Materials, Ltd., d/b/a Angelo's Recycled Materials filed.
PDF:
Date: 05/08/2012
Proceedings: Notice of Serving Nestle Waters' Joint Second Request for Entry Upon Land for Inspection and Other Purposes filed.
PDF:
Date: 05/08/2012
Proceedings: Order (denying joint second request for entry upon land for inspection and other purposes).
PDF:
Date: 05/07/2012
Proceedings: Joint Second Request for Entry Upon Land for Inspection and Other Purposes filed.
PDF:
Date: 05/02/2012
Proceedings: Petitioner Nestle Waters North America, Inc.'s Third Request for Production of Documents to Petitioner/Respondent Angelo's Aggregate Materials, Ltd. (filed in Case No. 09-001546).
PDF:
Date: 04/12/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Depositions Duces Tecum (of C. Kromhout and J. Caspary) filed.
PDF:
Date: 04/12/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Depositions Duces Tecum (of S. Pelz and J. Morris) filed.
PDF:
Date: 04/10/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Amended Notice of Taking Deposition Duces Tecum of Agency Representatives of Department of Environmental Protection and Second Request for Production of Documents filed.
PDF:
Date: 04/04/2012
Proceedings: Nestle Waters North America, Inc.'s Third Set of Interrogatories to Angelo's Aggregate Materials, Ltd. d/b/a Angelo's Recycled Materials filed.
PDF:
Date: 04/04/2012
Proceedings: (Nestle Waters North America, Inc.'s Notice of Filing Third Set of Interrogatories to Angelo's Aggregate Materials, Ltd.) filed.
PDF:
Date: 03/20/2012
Proceedings: Angelo's Aggregate Materials, Ltd's Notice of Taking Deposition Duces Tecum of Agency Representative of Department of Environmental Protection and Second Request for Production of Documents filed.
PDF:
Date: 03/16/2012
Proceedings: Notice of Appearance (Kristin Tolbert; filed in Case No. 09-001545).
PDF:
Date: 02/29/2012
Proceedings: Notice of Appearance of Brian Bolves (filed in Case No. 09-001546).
PDF:
Date: 02/29/2012
Proceedings: Notice of Appearance (Brian Bolves; filed in Case No. 09-001546).
PDF:
Date: 02/03/2012
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 02/03/2012
Proceedings: Notice of Hearing (hearing set for September 24 through 28, October 1 through 5, 8 through 12 and 15 through 19, 2012; 1:00 p.m.; Temple Terrace, FL).
PDF:
Date: 01/31/2012
Proceedings: Joint Status Report filed.
PDF:
Date: 01/10/2012
Proceedings: Notice of Withdrawal as Counsel (filed in Case No. 09-001545).
PDF:
Date: 01/09/2012
Proceedings: Notice of Appearance (Jacob Varn, Linda Shelley, Karen Brodeen) filed.
PDF:
Date: 01/09/2012
Proceedings: Notice of Appearance (Jacob Varn) filed.
PDF:
Date: 01/09/2012
Proceedings: Order Granting Extension of Time.
PDF:
Date: 01/06/2012
Proceedings: Request for Extension of Time to Submit Status Report filed.
PDF:
Date: 01/05/2012
Proceedings: Department of Environmental Protection's Statement Reaffirming Intent to Deny Permit filed.
PDF:
Date: 12/16/2011
Proceedings: Order Continuing Case in Abeyance (parties to advise status by January 10, 2012).
PDF:
Date: 12/14/2011
Proceedings: Sixth Request for Extension of Time to File Case Status Notification filed.
PDF:
Date: 10/10/2011
Proceedings: Order Continuing Case in Abeyance (parties to advise status by December 15, 2011).
PDF:
Date: 10/06/2011
Proceedings: Fifth Request for Extension of Time to File Case Status Notification filed.
PDF:
Date: 09/06/2011
Proceedings: Order Continuing Case in Abeyance (parties to advise status by October 6, 2011).
PDF:
Date: 08/31/2011
Proceedings: Additional Request for Extension of Time to File Case Status Notification filed.
PDF:
Date: 08/05/2011
Proceedings: Order Continuing Case in Abeyance (parties to advise status by August 31, 2011).
PDF:
Date: 08/01/2011
Proceedings: Notice of Appearance (S. Warden) filed.
PDF:
Date: 08/01/2011
Proceedings: Third Request for Extension of Time to File Case Status Notification filed.
PDF:
Date: 07/25/2011
Proceedings: Order Granting Extension of Time.
PDF:
Date: 07/15/2011
Proceedings: Second Request for Extension of Time to File Case Status Notification filed.
PDF:
Date: 07/11/2011
Proceedings: Order Granting Extension of Time.
PDF:
Date: 06/29/2011
Proceedings: Request for Extension of Time to File Case Status Notification filed.
PDF:
Date: 01/12/2011
Proceedings: Amended Order Continuing Case in Abeyance (parties to advise status by June 30, 2011).
PDF:
Date: 01/10/2011
Proceedings: Order Continuing Case in Abeyance (parties to advise status by March 10, 2011).
PDF:
Date: 01/07/2011
Proceedings: Case Status Notification filed.
PDF:
Date: 11/16/2010
Proceedings: Letter to Judge Canter from Carl Roth regrading updated mailing address filed.
PDF:
Date: 10/05/2010
Proceedings: Order Continuing Case in Abeyance (parties to advise status by January 7, 2011).
PDF:
Date: 10/04/2010
Proceedings: Case Status Notification filed.
PDF:
Date: 08/06/2010
Proceedings: Order Continuing Case in Abeyance (parties to advise status by October 4, 2010).
PDF:
Date: 08/05/2010
Proceedings: Case Status Notification filed.
PDF:
Date: 03/08/2010
Proceedings: Order Placing Case in Abeyance (parties to advise status by August 4, 2010).
PDF:
Date: 03/05/2010
Proceedings: Case Status Notification filed.
PDF:
Date: 03/01/2010
Proceedings: Notice of Filing Stipulated Agreement filed.
PDF:
Date: 02/18/2010
Proceedings: Order (denying Respondent's motion in limine and for protective order).
PDF:
Date: 02/18/2010
Proceedings: Order Canceling Hearing (parties to advise status by March 5, 2010).
PDF:
Date: 02/17/2010
Proceedings: Stipulated Motion for Continuance filed.
PDF:
Date: 02/12/2010
Proceedings: Order (granting stipulated motion for extension of time for filing a joint pre-hearing stipulation; joint pre-hearing stipulation is due on February 24, 2010).
PDF:
Date: 02/11/2010
Proceedings: Stipulated Motion for Extension of Time for Filing a Joint Pre-hearing Stipulation filed.
PDF:
Date: 02/11/2010
Proceedings: DEP's Supplemental Certification for its Motion in Limine and for Protective Order filed.
PDF:
Date: 02/10/2010
Proceedings: DEP's Motion in Limine and for Protective Order filed.
PDF:
Date: 02/10/2010
Proceedings: Notice of Taking Continued Deposition Duces Tecum (of Dr. G. Reinhart; filed in Case No. 09-001545).
PDF:
Date: 02/10/2010
Proceedings: DEP's Notice of Service of Amended Answers to Angelo's Second Interrogatories filed.
PDF:
Date: 02/08/2010
Proceedings: Angelo's Notice of Taking Deposition Duces Tecum (of W. Blanchard) filed.
PDF:
Date: 02/08/2010
Proceedings: DEP's Notice of Service of Answers to Angelo's Second Interrogatories filed.
PDF:
Date: 02/05/2010
Proceedings: Angelo's Second Amended Notice of Taking Deposition of Representative(s) of City of Tampa Duces Tecum filed.
PDF:
Date: 02/04/2010
Proceedings: Nestle Waters North America, Inc.'s Notice of Taking Deposition Duces Tecum as to R. Emsile, C. B. Way, Gerald Black, Scott Purcifill, and Carl Kipman filed.
PDF:
Date: 02/03/2010
Proceedings: Angelo's Amended Notice of Taking Deposition of Representative(s) of City of Tampa Duces Tecum (amended as to documents) filed.
PDF:
Date: 02/03/2010
Proceedings: Angelo's Second Amended Notice of Taking Depositions Duces Tecum (amended as to documents) filed.
PDF:
Date: 02/03/2010
Proceedings: Angelo's Second Re-Notice of Taking Depositions Duces Tecum (DEP Employees-Tallahassee; amended as to documents) filed.
PDF:
Date: 02/03/2010
Proceedings: Angelo's Second Re-Notice of Taking Depositions Duces Tecum (DEP Employees-Tampa; amended as to documents) filed.
PDF:
Date: 02/03/2010
Proceedings: Angelo's Second Re-Notice of Taking Depositions Duces Tecum (DEP Employee-D. Carrier; amended as to documents) filed.
PDF:
Date: 01/28/2010
Proceedings: Notice Appearance as Co-counsel filed.
PDF:
Date: 01/26/2010
Proceedings: Angelo's Notice of Taking Deposition Duces Tecum of FDEP filed.
PDF:
Date: 01/25/2010
Proceedings: Angelo's Notice of Intent to Use Summary and Chart filed.
PDF:
Date: 01/22/2010
Proceedings: Joint Stipulation Between the City of Tampa and Angelo's Aggregate Materials, Ltd. filed.
PDF:
Date: 01/21/2010
Proceedings: Angelo's Second Amended Notice of Taking Deposition Duces Tecum filed.
PDF:
Date: 01/20/2010
Proceedings: Petitioner, WRB Enterprises, Inc.'s, Expert Witness Interrogatories to Petitioner/Respondent Angelo's Aggregate Materials, Ltd. filed.
PDF:
Date: 01/20/2010
Proceedings: Petitioner, WRB Enterprises, Inc.'s, Notice of Service of Expert Witness Interrogatories to Petitioner/Respondent Angelo's Aggregate Materials, Ltd. filed.
PDF:
Date: 01/19/2010
Proceedings: Angelo's Response to Nestle's Second Request for Production filed.
PDF:
Date: 01/19/2010
Proceedings: Nestle's Waters North America, Inc.'s Notice of Serving Second Set of Interrogatories to Angelo's Aggregate Materials, Ltd. d/b/a Angelo's Recycled Materials (filed in Case No. 09-001545).
PDF:
Date: 01/19/2010
Proceedings: Petitioner, WRB Enterprises, Inc.'s, Notice of Filing Request for Admissions to Angelo's Aggregate Materials, Ltd., Admissions, and Recognized Compliance Documents (filed in Case No. 09-001545).
PDF:
Date: 01/15/2010
Proceedings: Notice of City of Tampa's Amended Potential Witness List filed.
PDF:
Date: 01/15/2010
Proceedings: Nestle Waters North America, Inc.'s Third Amended Potential Witness List filed.
PDF:
Date: 01/15/2010
Proceedings: DEP'S Supplemental Disclosure of Potential Witnesses filed.
PDF:
Date: 01/15/2010
Proceedings: DEP's First Request for Production to Angelo's Aggregate Materials, Ltd., d/b/a Angelo's Recycled Materials filed.
PDF:
Date: 01/15/2010
Proceedings: Notice of Serving DEP's First Set of Interrogatories to Angelo's Aggregate Materials, Ltd., d/b/a Angelo's Recycled Materials filed.
PDF:
Date: 01/15/2010
Proceedings: Notice of Angelo's Amended Potential Witness List filed.
PDF:
Date: 01/15/2010
Proceedings: Angelo's Re-Notice of Taking Depositions Duces Tecum (DEP Employee-David Carrier) filed.
PDF:
Date: 01/15/2010
Proceedings: Angelo's Re-Notice of Taking Depositions Duces Tecum (DEP Employees-Tallahassee filed.
PDF:
Date: 01/15/2010
Proceedings: Angelo's Re-Notice of Taking Depositions Duces Tecum (DEP Employees-Tampa) filed.
PDF:
Date: 01/15/2010
Proceedings: Notice of Taking Deposition Duces Tecum (filed in Case No. 09-001545).
PDF:
Date: 01/15/2010
Proceedings: Notice of Taking Deposition Duces Tecum (filed in Case No. 09-001545).
PDF:
Date: 01/14/2010
Proceedings: Angelo's Amended Notice of Taking Depositions Duces Tecum (Amended as to Location) filed.
PDF:
Date: 01/13/2010
Proceedings: Angelo's Notice of Taking Depositions Duces Tecum filed.
PDF:
Date: 01/12/2010
Proceedings: Nestle Waters North America, Inc.'s Second Amended Potential Witness List filed.
PDF:
Date: 01/11/2010
Proceedings: Nestle Waters North America, Inc.'s Amended Potential Witness List filed.
PDF:
Date: 01/11/2010
Proceedings: Angelo's First Request for Production to Zephyrhills filed.
PDF:
Date: 01/11/2010
Proceedings: Notice of Serving Angelo's First Set of Interrogatories to the City of Zephyrhills filed.
PDF:
Date: 01/07/2010
Proceedings: Notice of Serving Angelo's Second Set of Interrogatories to Department of Environmental Protection filed.
PDF:
Date: 01/06/2010
Proceedings: Angelo's Notice of Cancellation of Depositions filed.
PDF:
Date: 01/06/2010
Proceedings: Angelo's Response to WRB's First Request for Admissions filed.
PDF:
Date: 01/06/2010
Proceedings: Order (denying Motion to Compel).
PDF:
Date: 01/04/2010
Proceedings: Angelo's Notice of Taking Deposition Duces Tecum of Michael Cotter, Richard Mortensen and J. E. Fluet filed.
PDF:
Date: 12/28/2009
Proceedings: Angelo's Motion to Strike WRB's Renewed Motion to Compel Better Interrogatory Responses, or, in the Alternative, Angelo's Response in Opposition to WRB's Renewed Motion to Compel Better Interrogatory Responses filed.
PDF:
Date: 12/23/2009
Proceedings: Order (WRB's Motion to Strike Duplicative Witnesses is denied).
PDF:
Date: 12/22/2009
Proceedings: Angelo's Motion to Strike WRB's Motion to Strike Expert Witnesses, or, in the Alternative, Angelo's Response in Opposition to WRB's Motion to Strike Expert Witnesses filed.
PDF:
Date: 12/21/2009
Proceedings: Petitioner, WRB Enterprises, Inc.'s, Renewed Motion to Compel Better Interrogatory Responses filed.
PDF:
Date: 12/21/2009
Proceedings: Petitioner, WRB Enterprises, Inc.'s, Renewed Motion to Compel Better Interrogatory Responses (filed in Case No. 09-001545).
PDF:
Date: 12/18/2009
Proceedings: Petitioner, Nestle Waters North America, Inc.'s Second Request for Production of Documents to Petitioner/Respondent Angelo's Aggregate Materials, Ltd. filed.
PDF:
Date: 12/16/2009
Proceedings: Angelo's Notice of Taking Depositions (DEP Employees-Tallahassee) filed.
PDF:
Date: 12/16/2009
Proceedings: Angelo's Notice of Taking Depositions (DEP Employees-Tampa) filed.
PDF:
Date: 12/16/2009
Proceedings: Order Granting Petition to Intervene.
PDF:
Date: 12/15/2009
Proceedings: Petitioner, WRB Enterprises, Inc.'s, Motion to Strike Duplicative Expert Witnesses (filed in Case No. 09-001545).
PDF:
Date: 12/11/2009
Proceedings: Angelo's Notice of Taking Deposition of Representative(s) of City of Tampa filed.
PDF:
Date: 12/07/2009
Proceedings: City of Zephyrhill's Petition for Intervention in Formal Administrative Proceeding Pursuant to Sections 120.569 and 120.57(1), Florida Statutes filed.
PDF:
Date: 12/07/2009
Proceedings: WRB Enterprises, Inc.'s First Request for Admissions to Angelo's Aggregate Materials, Ltd., d/b/a Angelo's Recycled Materials filed.
PDF:
Date: 11/30/2009
Proceedings: Angelo's Response to WRB's Second Request for Production (filed in Case No. 09-001544).
PDF:
Date: 11/10/2009
Proceedings: Notice of Appearance (of J. Poblick) filed.
PDF:
Date: 11/02/2009
Proceedings: Notice of Taking Deposition of Corporate Representative filed.
PDF:
Date: 10/30/2009
Proceedings: Petitioner, WRB Enterprises, Inc.'s, Second Request for Production to Petitioner/Respondent Angelo's Aggregate Materials, Ltd. filed.
PDF:
Date: 09/30/2009
Proceedings: Order (motions for protective order are denied).
PDF:
Date: 09/25/2009
Proceedings: Angelo's Response to Tampa's Motions for Protective Order for Mayor Pam Iorio, Councilman Charlie Miranda and Janice M. McLean filed.
PDF:
Date: 09/18/2009
Proceedings: Motion of City of Tampa for Protective Order on Behalf of Janice M. McLean, Esquire filed.
PDF:
Date: 09/18/2009
Proceedings: Motion of Mayor Pam Iorio for Protective Order filed.
PDF:
Date: 09/18/2009
Proceedings: Motion of Councilman Charlie Miranda for Protective Order filed.
PDF:
Date: 09/18/2009
Proceedings: Intervenor Crystal Springs Preserve, Inc.'s Response to Request for Production Served by Petitioner Angelo's Aggregate Materials, Ltd. filed.
PDF:
Date: 09/18/2009
Proceedings: Notice of Service of Answers to Petitioner, Angelo's Aggregate Materials, Inc.'s First Set of Interrogatories to Crystal Springs Preserve, Inc., filed.
PDF:
Date: 09/16/2009
Proceedings: City of Tampa's Response to Angelo's Aggregate Materials, Ltd. First Request for Production filed.
PDF:
Date: 09/16/2009
Proceedings: Intervenor City of Tampa's Notice of Service of Answers to Angelo's Aggregate Materials, Ltd.'s First Set of Interrogatories filed.
PDF:
Date: 09/15/2009
Proceedings: Nestles Waters North America, Inc.'s Response to Request for Production Propounded by Angelo's Aggregate Materials, Ltd. d/b/a Angelo's Recycled Materials filed.
PDF:
Date: 09/15/2009
Proceedings: Nestles Waters North America, Inc.'s Notice of Serving Response to First Set of Interrogatories by Angelo's Aggregate Materials, Ltd. d/b/a Angelo's Recycled Materials filed.
PDF:
Date: 09/09/2009
Proceedings: Order Re-scheduling Hearing (hearing set for March 1 through 5, 8 through 12 and 15 through 19, 2010; 10:30 a.m.; Temple Terrace, FL).
PDF:
Date: 09/08/2009
Proceedings: Notice of Availability for Hearing filed.
PDF:
Date: 08/31/2009
Proceedings: Angelo's Response to Inspecting Parties' First Request for Entry Upon Land for Inspection and Other Purposes filed.
Date: 08/25/2009
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
PDF:
Date: 08/24/2009
Proceedings: Nestle Waters North America, Inc.'s Response to Order Granting Continuance filed.
PDF:
Date: 08/14/2009
Proceedings: Order Granting Continuance (parties to advise status by August 21, 2009).
PDF:
Date: 08/13/2009
Proceedings: Agreed Motion for Continuance filed.
PDF:
Date: 08/11/2009
Proceedings: Angelo's Notice of Serving Answers to Nestle's First Set of Interrogatories filed.
PDF:
Date: 08/11/2009
Proceedings: Angelo's Response to Nestle's First Request for Production filed.
PDF:
Date: 08/10/2009
Proceedings: DEP's Disclosure of Potential Witnesses filed.
PDF:
Date: 08/10/2009
Proceedings: Intervenor Crystal Springs Preserve Inc.'s Potential Witness List filed.
PDF:
Date: 08/07/2009
Proceedings: Notice of Angelo's Potential Witness List filed.
PDF:
Date: 08/07/2009
Proceedings: Notice of City of Tampa's Potential Witness List filed.
PDF:
Date: 08/07/2009
Proceedings: Notice of Nestle Waters North America, Inc.'s Potential Witness List filed.
PDF:
Date: 08/06/2009
Proceedings: Petitioner, WRB Enterprises, Inc.'s, Notice of Compliance with Order of Prehearing Instructions filed.
PDF:
Date: 08/06/2009
Proceedings: Intervenor, Crystal Springs Preserve, Inc.'s Notice of Joinder in Nestle's First Request for Entry Upon Land for Inspection and Other Purposes filed.
PDF:
Date: 08/05/2009
Proceedings: Petitioner, WRB Enterprises, Inc.'s Notice of Joinder in Nestle's First Request for Entry Upon Land for Inspection and Other Purposes filed.
PDF:
Date: 08/04/2009
Proceedings: Nestle's First Request for Entry Upon Land for Inspection and Other Purposes filed.
PDF:
Date: 07/30/2009
Proceedings: Angelo's First Request for Production to Tampa filed.
PDF:
Date: 07/30/2009
Proceedings: Angelo's Notice of Serving First Set of Interrogatories to Tampa filed.
PDF:
Date: 07/30/2009
Proceedings: Angelo's First Request for Production to Nestle filed.
PDF:
Date: 07/30/2009
Proceedings: Angelo's Notice of Serving First Set of Interrogatories to Nestle filed.
PDF:
Date: 07/30/2009
Proceedings: Angelo's First Request for Production to Crystal Springs filed.
PDF:
Date: 07/30/2009
Proceedings: Angelo's Notice of Serving First Set of Interrogaties to Crystal Springs filed.
PDF:
Date: 07/20/2009
Proceedings: Petitioner, WRB Enterprises, Inc.'s, Notice of Service of Supplemental Answers to Angelo's Aggregate Materials, Ltd.'s First Set of Interrogatories (filed in Case No. 09-001545).
PDF:
Date: 07/09/2009
Proceedings: Nestle Waters North America, Inc.'s Request for Production of Documents to Angelo's Aggregate Materials, Ltd. d/b/a Angelo's Recycled Materials filed.
PDF:
Date: 07/09/2009
Proceedings: Nestle Waters North America, Inc.'s Notice of Serving First Set of Interrogatories to Angelo's Aggregate Materials, Ltd. d/b/a Angelo's Recycled Materials filed.
PDF:
Date: 07/09/2009
Proceedings: Nestle Waters North America, Inc.'s First Set of Interrogatories to Angelo's Aggregate Materials, Ltd. d/b/a Angelo's Recycled Materials filed.
PDF:
Date: 07/06/2009
Proceedings: Order Accepting Qualified Representative.
PDF:
Date: 07/02/2009
Proceedings: Petitioner, WRB Enterprises, Inc.'s Notice of Service of Answers to Angelo's Aggregate Materials, Ltd.'s First Set of Interrogatories (filed in Case No. 09-1545).
PDF:
Date: 06/29/2009
Proceedings: Order (motion to compel is denied).
PDF:
Date: 06/29/2009
Proceedings: Order Granting Petition to Intervene (City of Tampa).
PDF:
Date: 06/26/2009
Proceedings: Petitioner, WRB Enterprises, Inc.'s Response to Angelo's Aggregate Materials, Ltd.'s First Request to Produce filed.
PDF:
Date: 06/26/2009
Proceedings: DOAH Case #09-1544 Affidavit filed.
PDF:
Date: 06/25/2009
Proceedings: Motion to Appoint Qualified Representative filed.
PDF:
Date: 06/25/2009
Proceedings: Request to Appoint Qualified Representative filed.
PDF:
Date: 06/24/2009
Proceedings: Petitioner/Respondent Angelo's Aggregate Materials, Ltd.'s Response to Petitioner, WRB Enterprises, Inc.'s Motion to Compel Better Interrogatory Responses filed.
PDF:
Date: 06/19/2009
Proceedings: Petitioner, WRB Enterprises, Inc.'s Motion to Compel Better Interrogatory Responses from Petitioner/Respondent Angelo's Aggregate Materials, Ltd. filed.
PDF:
Date: 06/17/2009
Proceedings: City of Tampa's Petition for Intervention in Formal Administrative Proceedings Pursuant to Sections 120.569 and 120.57(1), Florida Statues filed.
PDF:
Date: 06/17/2009
Proceedings: Notice of Appearance (of J. McLean) filed.
PDF:
Date: 06/10/2009
Proceedings: Angelo's Response to WRB's First Request for Production filed.
PDF:
Date: 06/10/2009
Proceedings: Angelo's Notice of Serving Answers to WRB's First Set of Interrogatories filed.
PDF:
Date: 06/05/2009
Proceedings: Cross-notice of Taking Deposition Duces Tecum filed.
PDF:
Date: 05/28/2009
Proceedings: Notice of Taking Deposition Duces Tecum filed.
PDF:
Date: 05/28/2009
Proceedings: Angelo's First Request for Production to WRB filed.
PDF:
Date: 05/28/2009
Proceedings: Notice of Serving Angelo's First Set of Interrogatories to WRB filed.
PDF:
Date: 05/19/2009
Proceedings: DEP's Response to Angelo's First Request for Production to Department filed.
PDF:
Date: 05/19/2009
Proceedings: DEP's Response to Angelo's First Request for Admissions to Department filed.
PDF:
Date: 05/11/2009
Proceedings: Petitioner, WRB Enterprises, Inc.`s, First Set of Interrogatories to Petitioner/Respondent Angelo`s Aggregate Materials, Ltd. filed.
PDF:
Date: 05/11/2009
Proceedings: Petitioner, WRB Enterprises, Inc.`s, Notice of Service of First Set of Interrogatories to Petitioner/Respondent Angelo`s Aggregate Materials, Ltd. filed.
PDF:
Date: 05/11/2009
Proceedings: Petitioner, WRB Enterprises, Inc.`s, First Set of Interrogatories to Petitioner/Respondent Angelo`s Aggregate Materials, Ltd. filed.
PDF:
Date: 05/11/2009
Proceedings: Petitioner, WRB Enterprises, Inc.`s, Notice of Service of First Set of Interrogatories to Petitioner/Respondent Angelo`s Aggregate Materials, Ltd. filed.
PDF:
Date: 05/11/2009
Proceedings: Petitioner, WRB Enterprises, Inc`s, Request for Production to Petitioner/Respondent Angelo`s Aggregate Materials, Ltd. filed.
PDF:
Date: 05/01/2009
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 05/01/2009
Proceedings: Notice of Hearing (hearing set for September 21 through 25, 28 through October 2 and 5 through 9, 2009; 1:00 p.m.; Temple Terrace, FL).
Date: 04/28/2009
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
PDF:
Date: 04/21/2009
Proceedings: Joint Response to Order filed.
PDF:
Date: 04/20/2009
Proceedings: Angelo's First Request for Production to Department filed.
PDF:
Date: 04/20/2009
Proceedings: Angelo's First Request for Admissions to Department filed.
PDF:
Date: 04/20/2009
Proceedings: Notice of Serving Angelo's First Set of Interrogatories to Department filed.
PDF:
Date: 04/20/2009
Proceedings: Response to Order Regarding Hearing Dates filed.
PDF:
Date: 04/13/2009
Proceedings: Order (Crystal Springs Preserve, Inc.`s Petition for Intervention into Formal Administrative Proceedings Pursuant to Sections 120.569 and 120.57(1), Florida Statutes is granted).
PDF:
Date: 04/13/2009
Proceedings: Order Requiring Response.
PDF:
Date: 04/07/2009
Proceedings: Crystal Springs Preserve, Inc.`s Petition for Intervention into Formal Administrative Proceedings Pursuant to Sections 120.569 and 120.57(1), Florida Statutes filed.
PDF:
Date: 04/07/2009
Proceedings: Notice of Appearance (filed by W. Flowers).
PDF:
Date: 04/07/2009
Proceedings: Order (motions to dismiss are denied).
PDF:
Date: 04/06/2009
Proceedings: Angelo`s Aggregate Materials, Ltd.`s Response in Opposition to WRB Enterprises, Inc.`s Motion for Leave to Amend Petition filed.
PDF:
Date: 04/01/2009
Proceedings: Petitioner, Nestle`s Response in Opposition to Respondent, Angelo`s Motion to Dismiss filed.
PDF:
Date: 04/01/2009
Proceedings: Notice of Appearance (filed by R. Birrenkott).
PDF:
Date: 03/31/2009
Proceedings: DEP`s Opposition to Angelo`s Motions to Dismiss filed.
PDF:
Date: 03/31/2009
Proceedings: Petitioner, Carl Roth, John Floyd, Louis Potenziano, and Marvin Hall, Response in Opposition to Respondent, Angelo`s Aggregate Materials, Ltd.`s, Motion to Dismiss and in the Alternative Morion for Leave to Amend Petition filed.
PDF:
Date: 03/31/2009
Proceedings: Petitioner, WRB Enterprises, Inc.`s Response in Opposition to Respondent, Angelo`s Aggregate Materials, Ltd.`s Motion to Dismiss and in the Alternative Motion for Leave to Amend Petition (filed in Case No. 09-001545).
PDF:
Date: 03/31/2009
Proceedings: Notice of Hearing filed.
PDF:
Date: 03/31/2009
Proceedings: Response to Initial Order filed.
PDF:
Date: 03/30/2009
Proceedings: Carl Roth, John Floyd, Louis Potenziano, Marvin Hall Request to Withdraw Request to Withdraw Petition filed.
PDF:
Date: 03/30/2009
Proceedings: Carl Roth, John Floyd, Louis Potenziano, Marvin Hall Request to Withdraw Petition filed.
PDF:
Date: 03/26/2009
Proceedings: Order of Consolidation (DOAH Case Nos. 09-1543, 09-1544, 09-1545, and 09-1546).
PDF:
Date: 03/25/2009
Proceedings: Angelo`s Aggregate Materials, LTD`s Motion to Dismiss filed.
PDF:
Date: 03/24/2009
Proceedings: Initial Order.
PDF:
Date: 03/23/2009
Proceedings: Notice of Related Cases filed. (DOAH Case No.`s 09-1543, 09-1544, 09-1545, and 09-1546)
PDF:
Date: 03/23/2009
Proceedings: Notice of Intent to Deny Permits filed.
PDF:
Date: 03/23/2009
Proceedings: Nestle`s Petition for Administrative Hearing filed.
PDF:
Date: 03/23/2009
Proceedings: Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.

Case Information

Judge:
BRAM D. E. CANTER
Date Filed:
03/23/2009
Date Assignment:
03/24/2009
Last Docket Entry:
09/16/2013
Location:
Temple Terrace, Florida
District:
Middle
Agency:
ADOPTED IN TOTO
 

Counsels

Related Florida Statute(s) (4):