The Governing Board of the Southwest Florida Water Management District hereby gives notice of the issuance of an Order of Denial regarding a Petition of Waiver filed on behalf of Deborah A. Kos. Petitioner sought to waive the requirements of Section ...

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-4.091: Publications and Agreements Incorporated by Reference

NOTICE IS HEREBY GIVEN THAT on May 28, 2008, the Governing Board of the Southwest Florida Water Management District has issued an order.

The Governing Board of the Southwest Florida Water Management District hereby gives notice of the issuance of an Order of Denial regarding a Petition of Waiver filed on behalf of Deborah A. Kos. Petitioner sought to waive the requirements of Section 4.4. of the District’s Environmental Resource Permitting Information Manual Part B, Basis of Review (BOR), incorporated by reference in Rule 40D-4.091, F.A.C. The Petition was submitted in conjunction with Environmental Resource Permit (ERP) Modification Application No. 44007521.016. The Notice of Petition for Waiver was published in Vol. 33, No. 14, April 6, 2007 issue of the Florida Administrative Weekly. The Governing Board considered the Petition at a duly-noticed public meeting held on May 27, 2008.

The Governing Board’s Order SWF 08-018, filed on May 28, 2008, denies the Petition of Waiver, finding that Petitioner has not complied with the requirements of Section 120.542(2), Florida Statutes (F.S.) and Rule 28-104.002, Florida Administrative Code. Specifically, Petitioner did not respond to a request for additional information issued by the District following receipt of the Petition for Waiver. ERP Modification Application No. 44007521.016 was denied on February 26, 2008. Absent the additional requested information, Petitioner failed to demonstrate that application of BOR Section 4.4. in Petitioner’s situation would create a substantial hardship or would violate principles of fairness as those terms are defined by Section 120.542(2), F.S. Based upon the foregoing, the District Governing Board determined that Petitioner is not eligible for the requested waiver because she failed to demonstrate that application of BOR Section 4.4 would create a substantial hardship or would violate principles of fairness, and thus failed to demonstrate that the purpose of the underlying statute will be or has been achieved by other means.

A copy of the Order may be obtained by contacting: Martha A. Moore, Senior Attorney, Office of General Counsel, Southwest Florida Water Management District, 2379 S. Broad Street, Brooksville, Florida 34604-6899, [phone] or 1(800)423-1476, extension 4651.