DEPARTMENT OF ENVIRONMENTAL PROTECTION
Notice of Intent to Grant a Water Quality Criteria Exemption
The Department of Environmental Protection gives notice of its intent to grant an exemption from the Class G-II ground water standard for total coliform bacteria pursuant to subsection 62-520.420(1) and Rule 62-520.500, Florida Administrative Code (F.A.C.), as part of the operations of the City of West Palm Beach (“City”) Aquifer Storage and Recovery (ASR) Well System located at the City’s water treatment plant (WTP), 1009 Banyon Boulevard, West Palm Beach, Florida. The ASR well will inject water from Clear Lake, a drinking water source for the City, into Class G-II ground water of the Floridan aquifer for storage and subsequent recovery during dry periods. The total dissolved solids concentration of the Floridan aquifer at the facility is 5000 mg/L, and the ground water in the aquifer cannot be used without desalination treatment. Injected water will meet all primary drinking water standards except total coliform. The exemption was requested to bypass disinfection of water from Clear Lake prior to underground storage because the recovered water will receive full treatment at the WTP. Ground water monitoring is required to demonstrate that elevated concentrations of total coliform are not occurring outside the boundaries of property owned by the City. All recovered water is blended or treated to ensure all drinking water standards are met prior to distribution. The exemption is granted for the duration of the City’s Underground Injection Control Permit Number 0079933 -007-UC. The applicant must petition for any future exemptions.
A person whose substantial interests are affected by the Department’s proposed exemption decision may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, agency_clerk@dep.state.fl.us, within 21 days of publication of this notice. The petitioner must mail a copy of the petition to the applicant, Sam Heady, Assistant Director of Public Utilities, 401 Clematis Street, 4th Floor, West Palm Beach, Florida 33402, at the time of filing. The failure of any person to file a petition within the appropriate time period shall constitute a waiver of that person’s right to request an administrative determination (hearing) under sections 120.569 and 120.57 of the Florida Statutes, or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will only be at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.
A petition that disputes the material facts on which the Department’s action is based 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, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; 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 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 the petitioner contends warrant reversal or modification of the agency’s proposed action;
f.A statement of the specific rules or statutes 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 petitioner wishes the agency to take with respect to the agency’s proposed action.
A petition that does not dispute the material facts on which the Department’s action is based shall state that no such facts are in dispute and otherwise contain the same information as set forth above, as required by Rule 28-106.301, F.A.C.
Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department final action may be different from the position taken by it in this notice. Persons whose substantial interests will be affected by any such final decision of the Department on the petitions have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above.
Mediation is not available for this proceeding.
The application 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 Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or the Florida Department of Environmental Protection, 3301 Gun Club Road, West Palm Beach, Florida 33406. Telephone Joseph Haberfeld, Program Administrator at (850)245-8655, for more information.
