DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Water Resource Management
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 color pursuant to Rule 62-520.500, Florida Administrative Code (F.A.C.), as part of the Class V underground injection control operation Permit Number 0129560-009-UO for the Florida Department of Transportation (FDOT), located at the Rest Area Facility at Mile Marker 35 on Interstate 75 in Broward County, Florida. The exemption from color is for permitted injection to Class G-II ground water of reclaimed water, which has received advanced treatment from the on-site wastewater treatment plant and concentrate from the on-site water treatment plant. The secondary maximum contaminant level (SCML) for color is 15 color units. The petition has requested an alternative SCML of 150 color units. Color is a secondary drinking water standard, which is aesthetically based and will not pose a health threat at the requested level. The exemption will be granted for the duration of FDOT’s underground injection control operation Permit Number 0129560-009-UO, and will be made a part of the permit. 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 (F.S.). The petition must contain the information set forth below and must be filed (received) with the Agency Clerk in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 21 days of publication of this notice. The petitioner must mail a copy of the petition to the applicant, John D. Thompson, P. E., Florida Department of Transportation, 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309, 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, 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 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, as required by Rule 28-106.201, F.A.C.
(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 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 specific facts the petitioner contends warrant reversal or modification of the Department action;
(f) A statement of the specific rules and statutes the petitioner contends requires 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 wants the Department 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 petition 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. - 5:00 p.m., Monday through Friday, except legal holidays, at the Florida Department of Environmental Protection, 2600 Blair Stone Road, Room 572D, Tallahassee, Florida 32399-2400; telephone Joe Haberfeld at (850) 245-8655.
