Published on: 28271055. That on April 11, 2024, the Department issued a final order granting City of Auburndale’s petition for a variance. The petition was received on September 12, 2023. Notice of receipt of this petition was published in the ....
Published on: 27577408. variance or waiver pursuant to section 120.542, F.S. from City of Auburndale Allred Wastewater Treatment Facility (WWTF). The petition requested a variance from rules 62-610.469(7)(g), 62-610.650(3) and 62-610.660(3)(a), ....
Published on: 23990542. The Department of Environmental Protection is revising Chapter 62-610, F.A.C., to correct regulatory references and clarify current language which will ensure proper regulation for the use of reclaimed water in the state ....
Published on: 23725247. Revisions to Chapter 62-610, F.A.C., are being considered to ensure proper regulation for the use of reclaimed water in the state of Florida. The proposed revisions add clarity to both substantive and administrative aspects ....
Published on: 20967052. that it has issued an order on September 27, 2018, granting City of Auburndale’s Petition for a Variance (File Number FL0021466-024-DWF/VO; OGC Case No. 18-1097). The petition was filed pursuant to section 120.542, F.S., and received on July 6, 2018. Notice of receipt of this Petition was published in the Florida Administrative Register on July 16, 2018. The petition requested a variance from Rules 62-610.469(7)(g), 62-610.650(3), 62-610.660(3)(a), F.A.C, to allow the return of reclaimed water to the City of Auburndale’s Allred Wastewater Treatment Facility reclaimed water distribution system after the reclaimed water has been used as once-through non-contact cooling water by the Duke Energy Center. No public comments was received. The Final Order granted the Petition for Variance based on a showing that Petitioner demonstrated that there are no practicable means know or available for the adequate control of the pollution involved and because Petitioner demonstrated that a strict application of rule would result in substantial hardship to Petitioner.
Published on: 20661017. variance from City of Auburndale. The petition was filed pursuant to section 120.542, F.S, and seeks a variance from Rules 62-610.469(7)(g), 62-610.650(3), and 62-610.660(3)(a), F.A.C., which prohibits the return of reclaimed water to the reclaimed water distribution system after the reclaimed water has been delivered to an industrial facility. The City provides reclaimed water to the cooling tower for Osprey Energy Center which reduces the need for groundwater withdrawals. The retreatment of the returned reclaimed water would require the City to purchase additional land and treatment facilities. The facility is located at 1300 Recker Hoghway 655, Auburndale, Florida 33823-4078. The petition has bee assigned File No. FLA016559-024-DWF/VO; OGC No. 18-1097
Published on: 13297456. NOTICE OF INTENT TO GRANT VARIANCE
The Department of Environmental Protection gives notice of its intent to grant a variance under Section 403.201, Florida Statute (F.S.), from the provisions of Rules 62-610.469(7)(g), 62-610.650(3) and 62-610.660(3)(a), Florida Administrative Code (F.A.C.), to the City of Auburndale, P. O. Box 186, Auburndale, Florida 33823, (PA File No: FL0021466-018-DWF/VO, OGC File No.13-1019) to allow for the distribution of reclaimed water to additional public access reuse users after it has been delivered to an existing user, in Polk County, Florida. The Department’s file on this matter is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department of Environmental Protection, Southwest District, Water Facilities, 13051 North Telecom Parkway, Temple Terrace, Florida 33637, Telephone: 813.407.5700.
This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application.
A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-106.201, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency’s file or identification number, if known; (b)The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.
Petitions for an administrative hearing must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative hearing under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.
Mediation is not available in this proceeding.
Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department.