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EVERGLADES PIPELINE COMPANY v. STATE

No. 88-2439.

562 So.2d 704 (1990)

EVERGLADES PIPELINE COMPANY, Appellant, v. STATE of Florida Department OF ENVIRONMENTAL REGULATION, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 13, 1990.

Attorney(s) appearing for the Case

Morgan, Lewis & Bockius and Richard A. Pettigrew and Luis R. Figueredo, Miami, for appellant.

E. Gary Early, Tallahassee, for appellee.

Before SCHWARTZ, C.J., COPE, J., and LETTS, GAVIN K., Associate Judge.

LETTS, GAVIN K., Associate Judge.

A petroleum storage and pipeline company was refused reimbursement for pollution clean-up available under Chapter 376, Florida Statutes (1987), because, according to the Department of Environmental Regulation (DER), the aviation fuel leakage came from an alleged transportation system rather than from a petroleum storage system. We reverse.

Chapter 376 provides funding, at state expense, to promote the clean-up...

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