Opinion
No. 92-2916.
November 12, 1993.
An appeal from an order of the Department of Environmental Regulation.
Kenneth G. Oertel and M. Christopher Bryant of Oertel, Hoffman, Fernandez Cole, P.A., Tallahassee, for appellants.
Kathleen Blizzard and C. Allen Culp, Jr. of Hopping, Boyd, Green Sams, Tallahassee, for appellee Florida Cities Water Co.
Jennifer L. Mason, Gen. Counsel, and Douglas H. MacLaughlin, Asst. Gen. Counsel, Dept. of Environmental Regulation, Tallahassee, for appellee Dept. of Environmental Regulation.
We determine that there was competent substantial evidence to support the determination of the Department of Environmental Protection that the application for wastewater treatment permit complied with all relevant statutes, rules, and standards. We further determine that under these circumstances, it was unnecessary for the hearing officer to address an alternative disposal proposal submitted by a third party. Gregory v. Indian River County, 610 So.2d 547 (Fla. 1st DCA 1992). We therefore affirm.
We specifically decline to address the issue of whether the amount of treated effluent which may reach appellant's property in aerosol form would constitute an invasion of appellant's property which would justify an action for trespass or inverse condemnation. See, e.g., Martin v. City of Monticello, 18 Fla. L. Weekly D2025, 1993 WL 347512 (Fla. 1st DCA Sept. 10, 1993). Such a determination would properly be made in a separate circuit court proceeding.
ERVIN, JOANOS and WOLF, JJ., concur.