-14-
holding lagoon. The environmental system could accommodate 5,500
cows. SCS designed the environmental system to accommodate as
many cows as possible.
Petitioner applied for a construction permit around December
21, 1990. The Florida DER issued the permit on April 18, 1991.
Due to delays in construction, the permit was extended to
November 4, 1994, and then to April 18, 1996.
Petitioner spent $21,616 for pollution control in fiscal
year 1989, and $139,868 in fiscal year 1990. Petitioner spent
$5,210,970 on the environmental system from April 1, 1988, to
March 31, 1995.
C. Petitioner's Finances
1. Petitioner's Capital Expenditures Program
In March 1985, petitioner's board of directors told its
controller to prepare detailed 5-year capital expenditure
projections for its annual meetings. Petitioner's board of
directors made this request after petitioner had received
$2,052,061.30 from the Milk Diversion Program. John Fisher,
petitioner's controller for the years in issue, prepared the
capital expenditures program (CEP) report with the help of E.S.
Gustafson, Sherwood Gustafson, and petitioner's attorney, James
Sheehan.
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