CHARLES M. NOVOTA, APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION, APPELLEE
CHARLES M. NOVOTA, APPELLANT,
STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION, APPELLEE
588 So. 2d 1053
Florida District Court of Appeal, First District (1991)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This is an appeal of an order of the Department of Environmental Regulation which finds a failure to adequately treat stormwater runoff, in violation of Florida Administrative Code Rule 17-25 and section 403.161(1)(b), Florida Statutes, and orders corrective action. The department has proceeded administratively against a party, individually and personally, who was neither the applicant for the permit nor the owner of the facility at issue. Accordingly, the order below is reversed.
ZEHMER, BARFIELD and ALLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Harbor Utils. Co., Inc., 684 So. 2d 301 (Fla. 2d DCA 1996)…161, Florida Statutes (1993).2 We, therefore, reverse and remand for further proceedings. PARKER, A.C.J., and LAZZARA, J., concur. . The trial court's order on Ryan's motion to dismiss cites Novota v. State, Department of Environmental Regulation, 588 So. 2d 1053 (Fla. 1st DCA 1991), as controlling authority for the proposition that the Department may not proceed individually and personally against any party who is neither a permittee, permit applicant nor owner of a facility. . Section 403.161 (l)(c) provi…