CopyCited 30 times | Published | Florida 1st District Court of Appeal | 1 ERC 1515
...nstitute a violation thereof, and may include an order that corrective action be taken within a reasonable time. No such order shall become effective except after reasonable notice * * *; except that injunctive relief may be sought as provided under §
403.131." (Emphasis supplied.) Subsection (2) of §
403.121 provides for hearing and corrective action if the Commission finds a violation has occurred....
...Johns River from day to day for a period of 43 days prior to filing said complaint. Of equal importance, the Commission failed to allege that it had taken any administrative action towards the prevention or abatement of such conduct. It did not seek injunctive relief as it is permitted to do in certain instances specified by § 403.131, Florida Statutes, F.S.A....
...leged violator. [4] Of course, the provision of the Chapter granting to the Commission the right to seek an injunction is available to the Commission for initial relief without regard to §
403.121 in those circumstances coming within the purview of §
403.131....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...ER for section
403.161(1) violations. [18] As noted earlier in the text of the opinion and emphasized therein, section
403.121 specifically states in subsections (1)(a), (1)(b), and (2)(a) that "[t]he department may institute" the available actions. Section
403.131(1), Florida Statutes (1981), provides: " The department may institute a civil action......
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...[8] On September 11, 1979, appellees filed a complaint in circuit court for declaratory and injunctive relief. DER answered and *791 filed a counterclaim against appellees Sunshine and Elba in the nature of a civil action for the entry and enforcement of a permanent injunction and fine pursuant to Sections
403.131(1) and
403.141(1), Florida Statutes, for violations of Chapter 403, Florida Statutes, and Chapter 17-4, Florida Administrative Code....
...Dept. of Transportation,
362 So.2d 346, 348 (Fla. 1st DCA 1978), cert. den.,
368 So.2d 1374 (Fla. 1979). Formal enforcement of chapter 403 required the Department to institute circuit court proceedings for injunctive relief, fines or damages. Sections
403.131, .141, .121(1), Fla....
...to establish liability and to recover damages for any injury to the air, waters, or property, including animal, plant, and aquatic life, of the state caused by such violation. The Department also may seek injunctive relief in a circuit court, under section 403.131, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1997 WL 317044
...On 28 October 1994, DEP withdrew its administrative action and, on 15 December 1994, filed a complaint for temporary and permanent injunctive relief in the circuit court seeking access to Gibbins' property to install wells and a recovery system, and seeking to enjoin Gibbins from denying DEP access to his property. See § 403.131, Fla....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12361
...o DER for section
403.161(1) violations. . As noted earlier in the text of the opinion and emphasized therein, section
403.121 specifically states in subsections (l)(a), (l)(b), and (2)(a) that "[t]he department may institute" the available actions. Section
403.131(1), Florida Statutes (1981), provides: "The department may institute a civil action ......
CopyPublished | Supreme Court of Florida | 3 ERC 1908, 3 ERC (BNA) 1908, 1971 Fla. LEXIS 3089
...into streams, etc.] Of course, the provision of the Chapter granting to the Commission the right to seek an injunction is available to the Commission for initial relief without regard to §
403.121 in those circumstances coming within the purview of §
403.131....
...s been served with the order, and a hearing has been held, if requested. These requirements, as well as those contained in Fla.Stat. §
403.121(2) and (3), F.S.A., must be satisfied unless injunctive relief is sought where applicable under Fla.Stat. §
403.131, F.S.A....
...er 403. All violations are subject to action by the Commission under the appropriate procedures set out in Fla. Stat. §
403.121 , F.S.A., unless an order has been violated or an emergency arises, in which case the injunctive procedures of Fla.Stat. §
403.131, F.S.A....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 12258, 1991 WL 259267
...which she had agreed. In light of the plants’ continued operation for over two years in violation of state standards and the consent orders, DER sued in Monroe County Circuit Court in December, 1990, to enforce the consent orders and, pursuant to section 403.131, Florida Statutes (1989), to enjoin further violations of effluent standards....
...law that would adequately address the harm being done to the environment. Recognizing that such environmental damage is not entirely compensable, the legislature gave DER “independent and cumulative” remedies of in-junctive relief and penalties. § 403.131, Fla.Stat....
...The legislature has afforded DER the option of bringing either administrative or judicial proceedings against an alleged polluter to enforce compliance with water treatment standards and recover damages or penalties for damage to the environment. §§
403.121 and
403.131, Fla.Stat.; §
403.121(l)(c), Fla.Stat....
...emedies for damages and civil penalties that the department has failed to exhaust its administrative remedies, has failed to serve a notice of violation, or has failed to hold an administrative hearing prior to the institution of a civil action”); § 403.131, Fla.Stat....
...ut the eight-month negotiations; her failure to obtain counsel during that time is not attributable to DER. In sum, we hold that DER was entitled to a temporary injunction prohibiting the owner from continuing to violate state effluent standards, as section 403.131 grants DER the authority to seek such relief to prevent irreparable injury and because there was substantial competent evidence presented that the plants were operating in violation of state statutes and regulations....
