May 20, 1993CON 24 -06
May 20, 1993
South Florida Water Management District
3301 Gun Club Road P.O. Box 24680 West Palm Beach, FL 35416 -4680 (407) 686 -8800 FL WATS 1- 800 -432 -2045
Ms. Suzanne Harper
ViroGroup, Inc. Missimer Division
600 Sandtree Drive, Suite 101
Lake Park, FL 33403
Dear Ms. Harper:
Subject: Application #921204 -10
Okeechobee Beach Water Association, Inc.(OBWA)
Okeechobee and Glades Counties
On April 29, 1993, a response to the request for additional information for the above
application was received by the District. A review of the response indicates that
additional information is still required in order to complete the evaluation, pursuant to
Rule 40E- 1.603, Florida Administrative Code (FAC).
It is understood that the franchise agreements between OBWA and Glades and
Okeechobee counties have been approved and that a certification exemption from the
Public Service Commission is pending approval. Please submit copies of the executed
franchise agreements and documentation of the PSC exemption, when it is available.
However, due to information recently made available to District staff regarding City
of Okeechobee Ordinance No. 448 (201 facilities planning area), there still remains an
issue of a conflict in service territory between the City of Okeechobee and OBWA in
that each entity is claiming to serve overlapping service areas. The PSC exemption
certification and franchise agreements are not sufficient to demonstrate legal control
of the requested service area because of this overlap. As required in Permit
Information Manual, Volume III, Basis of Review (BOR) section 3.1.1, Control Over
Activities, applicants must have legal control over the activities for which they desire
a permit. Specifically, conflicting service area claims between applicants, or between
an applicant and an unregulated water service area, must be resolved by the involved
parties. Please provide documentation of legal control for the requested service area
and show that no conflict in service area exists between the City of Okeechobee and
OBWA.
Governing Board.
Valerie Boyd, Chairman
Frank Williamson, Jr., Vice Chairman
Annie Betancourt
William Hammond
Betsy Krant
Allan Milledge
Eugene K. Pettis
Nathaniel P. Reed
Leah G. Schad
Tilford C. Creel, Executive Director
Thomas K. MacVicar, Deputy Executive Director
If the potential dispute of service area can not be resolved, a water use permit may
be issued to OBWA for water supply to the undisputed areas. Please be advised, if
this option is taken the application will need to be modified to include, but not limited
to, population projections for the specific undisputed areas to calculate an appropriate
allocation.
In accordance with Rule 40E- 1.603(5), FAC, a response is required within 30 days of
receipt of the letter requesting additional information or the application may be
processed for denial if not withdrawn by the applicant. Should you have any
questions regarding this application, please call me at 800 432 -2045 ext.6944, or
407 687 -6944. Thank you for your cooperation in this matter.
Sincerely,
Thomas Colios
Senior Scientific Technician
Water Use Division
Regulation Department
c: L.C. Fortner, OBWA
Utilities Director, City of Okeechobee
William D. Reese, P.E.
John J. Drago, City Administrator
Burton C. Conner, P.A.
Michael Wm. Morel!, P.A.