CopyCited 13 times | Published | Florida 1st District Court of Appeal
...tions which will not discharge waste into waters within the state. [1] The only other section listed as statutory authority for the promulgation of Rule 17-4.242 which might arguably justify the adoption of a "public interest" requirement by rule is section 403.062, Florida Statutes (1981)....
...is another one. The larger the public is *575 that appears to be able to enjoy the benefits of the project involved, I think that tends to weigh." Since Rule 17-4.242 allows DER to consider the public interest in a broad sense not tied to pollution, section 403.062 cannot provide statutory authority for this aspect of the rule....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...iolations does not, on the record before us, afford grounds for reversal. As to appellant's contention that DER abused its discretion under Rule 17-1.63, Florida Administrative Code, by failing to assert ground water jurisdiction over the park site, Section 403.062, Florida Statutes (1983), DER correctly points out that the application filed by the developers did not request authorization for a sewage disposal system, and thus no ground water permit was yet required when the developers filed their pending dredge and fill permit application....
