Department of Environmental Protection, Departmental

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Notice of Intent to Grant Water Quality Criteria Exemption

The Department of Environmental Protection gives notice of its intent to grant a water quality criteria exemption for the aesthetically based secondary drinking water standard for color (standard 15 color units, exemption limit 40 color units) to WCI Communities, Inc., Mr. Dan Ciesielski, Vice President. The water quality criteria exemption is for the raw ground water aquifer storage and recovery (ASR) project at the Tuscany Reserve residential development. The exemption is granted for the duration of the WCI Communities, Inc., Tuscany Reserve raw ground water ASR-1 Class V well construction permit, and subsequent construction permits issued by the Department to allow operational testing of this ASR well. Future exemptions must be petitioned for by the applicant in conjunction with a construction permit for any other ASR well or operation permit for any ASR project at this site. The ASR facility is located on Livingston Road approximately two miles north of Immokalee Road, in Collier County, Florida.

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, 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 within 21 days of the date of this notice. The petitioner must mail a copy of the petition to the applicant Mr. Dan Ciesielski, Vice President, 24301 Walden Center Drive, Bonita Springs, Florida 34134, 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, 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, Florida Administrative Code.

A petition that disputes the material facts on which the Department’s action is based must contain the following information:

(a)           The name, address, and telephone number of each petitioner; the name, address, and telephone

                number of the petitioner’s representative, if any; the Department case or identification number and

                the county in which the subject matter or activity is located;

(b)           A statement of when and how each petitioner received notice of the Department action;

(c)           A statement of how each petitioner's substantial interests are affected by the Department action;

(d)           A statement of all disputed issues of material fact. If there are none, the petition must so indicate;

(e)           A statement of facts that the petitioner contends warrant reversal or modification of the Department

                action;

(f)            A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the

                petitioner to relief; and

(g)           Demand for relief (sought by the petitioner, stating precisely the action that the petitioner wants the

                Department to take).

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 Department of Environmental Protection, Bob Martinez Center, 2600 Blair Stone Road, Room 212E, Tallahassee, Florida 32399‑2400.