HomeMy WebLinkAboutPermit Denial - Disposal Area at Capacityt� e
3:319 MAGUIRE BOULEVARD
SUITE 232
ORLANDO, FLORIDA 32303
STATE OF FLORIDA
RECEIVE) UN 2 1981 603 GRAHAM
GOVERNOR
Victoria J. Tsc hinkel_
SECRETARY
ALEX SENI(EVICH
DISTRICT MANAGER
QEPAR T'7412NT OF ENVIFRO. OMNTAL REGULATION
ST. JOHNS RIVER DISTRICT
CERTIFIED May 6, 1981
7983066
Gerard P. Mozian OSJ-81-1404
Executive Vice President
General Development Utilities, Inc,
1111 South Bayshore Drive
Miami, Florida 33131
Dear Mr. Mozian:
Indian River County CS_
Sebastian Unit 17, -
Phases 3, 4, and 5
TIn the service of Sebastian
Highlands, STP)
Pursuant to Section 403,087 Florida Statutes,
and Section 17-4.07, Florida Administrative Code, the Depart-
ment of Environmental Regulation hereby gives notice of its
intent to deny, and proposed order of denial for your appli-
cation specified above. The Department intends to deny this
permit for the reasons stated below:
The effluent disposal area is currently committed to its avail-
able capacity cf .164 MGD and adequate assurances are not available
as required in accordance with Chapter 17-4.07, Florida Adminis-
trative Code, F.A.C., that the capacity will be increased to meet
the projected commitment.
This intent to deny and the final agency order denying the above
application shall be adopted and issued by the District Manager
unless you file an appropriate petition for an administrative
hearing pursuant to the provisions of Chapter 120.57, Florida
Statutes. At such formal hearing all parties shall have an
opportunity to respond, to present evidence and argument
Continued,.........
on all issues involved, to conduct cross-examination and submit
rebuttal evidence, to submit proposed findings of facts and
orders, to file exceptions to any order or hearing officer's
recommended order, and to be represented by counsel.
Any petition for a hearing must comply with the requirements
of Section 28-5.201,Florida Administrative Code, (copy enclosed)
and be filed (postmarked) with the Secretary of the Department
of Environmental Regulation at Twin Towers Office Building,
2600 Blair Stone Road, Tallahassee, Florida 32301, with a
copy to this office within fourteen (14) days from receipt
of this letter. Petitions which are not filed in accordance
with the above provisions may be subject to dismissal.
Sincerely,
AA.Senkevic�h,P. P.E.
District Manager
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cc: Jose Garrido, P. E.; General Development
Utilities, Inc.
Honorable Pat Flood, Jr., Mayor
City of Sebastian
Indian River County Health Department
Indian River County Board of County
Commissioners
Gary Stephens, Attorney -DER - Tallahassee
RECEIVED JUN 2 1981
BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
In the Matter of: )
Application for Permit )
By: Gerard P. Mozian, Executive Vice President )
General llevelcpment Utilities, Inc. ) Application No. 41883
1111 South Bayshore Drive )
Miami, Florida 33131 )
Indian River County, Florida )
FINAL ORDER DENYING APPLICATION FOR PERMIT
TO: Gerard P. Mozian, Executive Vice President,
The Applicant , Gerard P. Mozian, Executive Vice President,
applied for a permit under Chapter 403, Florida Statutes, to:
To construct the collection/transmission system for Sebastian
Highlands, Unit 17, Phases 3, 4 and 5, to serve 443 one and two
bedroom single family homes, generating a flow of 110,800 GPD.
Location: Schumann Drive and East Street, Sebastian Highlands,
Indian River County, Florida. Lat. 27°47'10"; Long. 80°27'52".
The application was reviewed and a "Notice of Intent
to Deny" the above application was issued to the Applicant on
May 6, 1981 , a copy of which is attached hereto.
The Notice stated with particularity the specific grounds on
which the intended denial was based. The reasons stated in the
"Notice of Intent to Deny" which support a denial of the des-
cribed permit application are expressed, adopted, and incorporated
herein by reference.
The Applicant was advised in the "Notice of Intent
to Deny" of his right to petition within fourteen (14) days
for an administrative hearing concerning this matter under
Section 120.57, Florida Statutes. The Applicant declined or
failed to exercise his right to an administrative hearing.
-2 -
THEREFORE, for the reasons set forth above, the permit
application is hereby denied.
DONE AND ENTERED this day of
19
State of Florida Department of
Environmental Regulation
RICT MANAGER
Senkevich, P. E.
Attachment
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