BRANNON, BROWN, NORRIS, VOCELLE, HALEY, BROWN & ROBINSON, P. A.
ATTORNEYS AT LAW
10 NORTH COLUMBIA STREET
CLARENCE E. BROWN POST OFFICE BOX 109
JOHN C.NORRIS LAKE CITY, FLORIDA 32055
CHARLES VOCELLE TELEPHONE
WILLIAM J. HALEY AREA COOE 904
THOMAS W. BROWN May 4, 1981 75a-a213
BRUCE W. ROBINSON
RONALO H. COLE
FREDERICK T. MICKLER, III W. BRANTLEY BRANNON
FREDERICK L.KOBERLEIN OF COUNSEL
EOOIE M. ANOERBON
DOLORES 0. OECAPRIO
Terry Cole, Esquire
Department of Environmental Regulation
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32301
Re: General water policy
The question I attempted to raise at our meeting last week
dealt with the question of who has standing to assert these general
policies and how might they be asserted. It is my understanding
DER is to be the reviewing and asserting party, and the Districts
the party whose programs and rules should fall within these policies.
If this is the case, then fine. But let's make it clear in
this rule that it is DER's prerogative to assert the policies and
not that of any special interest groups be they business or other-
It is my opinion that we need language of express limitation
of scope of application of this general policy. If not, I believe
we may very well end up with some Judge ruling on the validity of
our District rules, based upon how he feels they "shape up" to the
policy criteria (which is admittedly rather broad in places). This
important evaluation of District rules, I believe belongs in DER and
not in the judiciary.
We can act now to prevent or limit this possible occurrence or
later to repair the damage. I suggest acting now to prevent problems.
I am not married to any particular language and do not desire
to be unfair to any special interest group. My concern is purely in
what I consider the best operating method for achievement of uniform
expectations of environmental regulation between your Department and
Terry Cole, Esquire
May 4, 1981
the Districts. I believe that can best be achieved where all input
regarding Districts conformity to these policies comes from DER and
not others after our rules have been adopted.
The language I suggested Friday which I sketched out at the
hearing was as follows:
Insert unnumbered paragraph at end of General Water Policy
Under no circumstances shall this policy be enforce-
S able or asserted in any proceeding by anyone other than
This would not in my opinion prevent any group from asserting
the policy in rule making. This is already in Chapter 120. It was
my intention simply to prevent the use of this policy as a barrier
or wedge regarding existing or later adopted rules. While this is
spoken to in 17-40.01(5), I believe more language is needed in the
General Policy section in light of the second sentence in 17-40.01(5).
Might I suggest the following to be added as an unnumbered
paragraph to the General policy?
Except in u-aieah1ig proceedings under Chapter 120,
F--- Florida Statutes, this policy shall not be asserted or
enforced by anyone other than the Department.
Thank you for your consideration.
Thomas W. Brown
For the Firm
cc: Mr. Donald 0. Morgan
Mr. Lawrence E. Sellers, Jr.
Mr. Douglas L. Stowell
Mr. L. M. Blain
Mr. Steve Walker
Mr. Vance Kidder
BRANNON. BROWN, NORRIS, VOCELLE & HALEY, P.A., ATTORNEYS AT LAW. STATE EXCHANGE BANK BLDG., LAKE CITY, FLORIDA (904) 72-3213