(Download) "Lewis Oil Company v. Alachua County" by First District Court of Appeal of Florida " Book PDF Kindle ePub Free
eBook details
- Title: Lewis Oil Company v. Alachua County
- Author : First District Court of Appeal of Florida
- Release Date : January 06, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Lewis Oil Company, Inc. (Lewis Oil), appeals a final judgment dismissing its complaint for declaratory judgment to determine the validity of a county ordinance referred to as the Alachua County Underground Storage Facilities Code, and its prayer to enjoin Alachua County (county) from using the ordinance, if declared invalid, as grounds for denying Lewis Oil's applications for permits to install underground gasoline storage tanks. We reverse, holding that the ordinance has not become effective and that appellant has no available administrative remedy for obtaining adequate relief. This case turns primarily on the construction of section 376.317, Florida Statutes (1985), and related statutory provisions. The Department of Environmental Regulation (DER) is given authority to regulate potential sources of pollution to the underground tanks for storage of petroleum products used as fuel in vehicles. See sections 376.30-376.317, Florida Statutes (1985). To carry out this delegated authority, DER promulgated rules, codified in chapter 17-61, Florida Administrative Code, which set forth certain specifications and requirements governing both existing and new underground storage facilities. Section 376.317, Florida Statutes (1985), provides that any provision of the cited statutes or rules promulgated thereunder shall control over any other state law or local ordinance except as provided in subsection (3). Subsection 376.317(3) permits a county to ""adopt countywide ordinances that regulate underground storage tanks . . . which ordinances are more stringent or extensive than any state law or rule regulating such tanks,"" provided that, among other things, ""the ordinance establishing the local program was approved by the department."" Further, subsection (3) authorized DER to promulgate rules permitting any county government to adopt a program regulating underground storage tanks, ""which program is more stringent or extensive than that established by any state law or rule regulating underground storage tanks,"" and specifies certain criteria to be considered in adopting such rule.