CopyCited 4 times | Published | Florida 1st District Court of Appeal
...On March 29, 1982, the Secretary entered an order in which she found: (1) that although Grove Isle's letter in response to DER's completeness summary did not provide the additional information requested by DER, it was then incumbent upon the agency, by virtue of the provisions of Section
403.0876, Florida Statutes, [3] to request *973 from Grove Isle "information needed to clarify such additional information," and that the agency's failure to do so prevented it from claiming that the "90 day clock" of Section
120.60(2) was to...
...ent to the default permit. We should look to two statutes in order to determine whether Grove Isle was entitled to a default permit in this case. Part I of Chapter 403, Florida Statutes, is known as the "Florida Air and Water Pollution Control Act." Section 403.0876 thereof, which is set forth in footnote 3, supra, governs the processing of permit applications under that Act....
...nd that failure to make such request within thirty days from June 25 foreclosed DER from complaining about the incompleteness of the "additional information" contained in the June 25 letter. In support thereof, Grove Isle relies upon that portion of Section 403.0876 which provides: Within 30 days after receipt of such additional information, the department shall review it and may request only that information needed to clarify such additional information......
...tional information. Grove Isle's rather peremptory response was tantamount to a refusal to articulate the additional information which it would have to rely upon to demonstrate that the project was clearly in the public interest. Under both Sections
403.0876 and
120.60(2), the responsibility of providing timely requested information is on the applicant, not the agency....
...mation. Not so in a case such as this where it had previously been authoritatively determined that the information sought had not been previously submitted. It was, therefore, not incumbent upon DER to request that Grove Isle "clarify" its position. Section 403.0876 also provides that where the applicant believes the request for additional information is not authorized by law or department rule, the department shall proceed to process the application at the request of the applicant, and that the...
...request to begin processing the permit application." Grove Isle has never contended that the Department was not entitled to the additional information and, presumably, that is why Grove Isle did not attempt to rely upon that triggering provision of Section 403.0876....
...or is within Outstanding Florida Waters, unless the applicant affirmatively demonstrates that: * * * * * * 2. The proposed activity or discharge is clearly in the public interest; and ..., * * * * * * b. The existing ambient water quality within Outstanding Florida Waters will not be lowered ...." [3] 403.0876 Permits; processing....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1997 WL 394482
...lly harmful or injurious to human health or welfare, animal or plant life or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law. Fla. Stat. §
403.031(7). Section
403.0876(2)(b) provides that, in processing permit applications, the Department of Environmental Protection may include specific permit conditions which are necessary to ensure compliance with applicable statutes and rules....
