ORDER DISMISSING PROCEEDING AND CLOSNG FILE
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
RECE\VED
Petitioner,
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and STATE OF )
OF ENVIRONMENTAL)
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APR 1 j 1989
BOOKER CREEK PRESERVATION, INC.,
vs.
CITV p.Trmm:::y
CASE NO. ~8E567:i I V E D
CITY OF CLEARWATER
FLORIDA DEPARTMENT
REGULATION,
..7 1989
Respondents.
CITY CLERK
ORDER DISMISSING PROCEEDING AND
CLOSING FILE
Based on the Notice of Voluntary Dismissal with
prejudice, this proceeding is dismissed, and the Division of
Administrative Hearings file on the matter is closed,
DONE and ORDERED this 7~ day of April, 1989, in
Tallahassee, Florida.
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J.) ~WRENCEJJ~HNSTON
H~arJ.ng OffJ.'6er
ivision of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the
Division of Administrative
Hearings this 7r/~ day of
April, 1989.
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
BOOKER CREEK PRESERVATION, INC.,
Petitioner,
DOAH Case No. 88-5776
OGC FILE NO. 88-1096
vs.
CITY OF CLEARWATER and
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION,
Respondents.
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FINAL ORDER
On November 21, 1988, Booker Creek Preservation, Inc. filed a
petition for administrative hearing contesting proposed permits
(File Nos. DC 52-147700 and 148990), authorizing the City of
Clearwater to upgrade two existing domestic wastewater treatment
plants to provide AWT treatment with discharge of reclaimed water
to Old Tampa Bay. On November 28, 1988, the petition was referred
to the Division of Administrative Hearings (DOAH), where it was
docketed as DOAH Case No. 88-5776.
Before any evidentiary hearing was held, the parties reached
agreement on all disputed issues. On April 7, 1989, a Notice of
Voluntary Dismissal (Exhibit A) incorporating the settlement terms
was filed by Booker Creek Preservation, Inc. On April 7, 1989,
the assigned Hearing Officer entered an Order Dismissing
Proceedings. (Exhibit B)
RECEIVFD
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Upon consideration, it is ORDERED that the above-captioned
case is DISMISSED. The Southwest District shall issue Permit nos.
DC 52-147700 and 148990 in accordance with the agreement of the
parties as soon as possible.
Any party to this Order has the right to seek judicial review
of the Order pursuant to Section 120.68, Florida Statutes, by the
filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules
of Appellate Procedure, with the clerk of the Department in the
Office of General Counsel, 2600 Blair Stone Road, Tallahassee,
Florida 32399-2400; and by filing a copy of the Notice of Appeal
accompanied by the applicable filing fees with the appropriate
District Court of Appeal. The Notice of Appeal must be filed
within 30 days from the date this Order is filed with the clerk of
the Department.
DONE AND ORDERED this I~ day of April 1989, in Tallahassee,
Florida.
rILlr'~G N\D "CKrJO\~.'LEDG[~!1[NT
Fi~t.:!~', en this d~1tC, i~l!i"c;Ui1n~ \0 ~;~2052
~ \!~.~(~:~ S:2-~:..!::.\S, \tviti; the des;.;'.n~:..cd L.'eoart.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION
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r DALE TWACHTMANN
Secretary
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Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Telephone: (904)488-9730
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~CERTIFICATE OF SERVIJE
I HEREBY CERTIFY that a copy of this FINAL ORDER has been
furnished by U.S. Mail to Thomas W. Reese, Esq., 123 Eight Street
North, St. Petersburg, FL 33701 and Leo W. Schrader, Esq.,
Assistant City Attorney, City of Clearwater, P.O. Box 4748,
/'7t!U- c:?~
Clearwater, FL 34618, on this ~ day of ~6rch 1989.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION
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,,~/rc2~/ . ,.::7-1 >-4N-
Richard T. Donelan, Jr:;? ??
Assistant General Counsel
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Telephone: (904) 488-9730