| Material Information
||CUP Files 0003, 0004, 3647, 3650
||North America -- United States of America -- Florida
CUP Files 0003, 0004, 3647, 3650
To: B.A. Vergara, Director, Regulatory Division
H.V. Aiken, Chief, Hydrologist Review Section
J.R. Englert, Chief, Processing and Records Section
From: R.C. McClure, Supervisor of Permits, Processing & Records Section
June 5, 1979
||Box 9, Folder 5 ( SF-SWF 200003/WCR/St. Pete/Section 21 Volume I - 1976-92 ), Item 32
||Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
June 5, 1979
JUN 0 8 1979
TO: 8. A. VERSARA, Director, Regulatory Division
THROUGH: H. V. AIKER. Chief, Hydrologic Review Section
J. R. ENGLERT, Chief, Processing and Records Section
FROM: R. C. McCLURE, Supervisor of Permits, Processing & Records Section
RE: CUP F 11 30004, 3647, 3$50
Listed below are excerpts from several wellfield Orders and Permits which
contain either misleading or ambiguous phrasing. All the following examples
are in reference to regulatory levels: ,
1i Order 74-11R, Paragraph 3(c), referring to Cosme Odessa and Section 21
O...Cumulative weekly average elevations shall not carry over from one
production year to another, and production causing regulatory levels to
drop below the cumulative weekly average elevations shall only be permitted
during the first six weeks of each production year."
In this sentence the phrases "regulatory levels" and "cumulative weekly
average elevations" should be rreersed so that the sentence reads:
"...Cumulative weekly average elevations shall not carry over from one
production year to another, and production causing cumulative weekly
average elevations to drop below the regulatory levels shall only be
permitted during the first six weeks of each production year."
In this same Order, Paragraph 4(d) also contains this error, but since it
is in reference to South Pasco Wellfield I assume it is superceded by
Order No. 78-38 and CUP No. 3647.
2. CUP No. 3547, Paragraph 10(a)(4), referring to South Pasco wellfleld.
This paragraph has the same phrase reversal referred to in Number 1, above.
3. CUP No. 3650, Paragraph 10(b)(l) & (2), referring to Cypress Creek Wellfield.
"At no time other than during the stress test provided for in 10(a) shall
the weekly average elevations of the potentiometric surface of the Floridan
aquifer as determined cumulatively be more than 5 feet (5') below the
elevations set fort in thei schedule below."
ge 2 JUN 0 81979
ne 5, 1979
to .to A. Vergara
In this paragraph I believe the phrase "as determined cumulativelyM" should
be deleted since the S-foot leeway allowance surely references the weekly
average elevations, not the cuulative weekly average. The remainder of
the paragraph corroborates this Interpretation.
Paragraph 10(b)(2) has the same phrase reversal referred.to in Number 1,
I recommend that
Permits and that
cc: L. M. Blain
the legal staff scrutinize the above mentioned Orders and
the ambiguities be resolved at the time of renewal ,