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 arsenic pursuant to Rule 62-520.500, Florida Administrative Code (F.A.C.), as part of the operations of the Peace River Manasota Regional Water Supply Authority (“Authority”) Aquifer Storage and Recovery (ASR) Well System Wellfield 1 and Wellfield 2 located at 8998 SW County Road 769 in DeSoto County, Florida. The wellfields inject potable water, which has received full treatment from the on-site water treatment plant, into Class G-II ground water for storage and subsequent recovery during dry periods. Injected water will meet all drinking water standards including arsenic. The exemption is necessary because arsenic above the ground water standard has been detected in recovered ground water from Authority-owned ASR wells. Ground water monitoring demonstrates that this is not occurring outside the boundaries of property owned or controlled by the Authority. 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 Authority’s Underground Injection Control Operation Permit Number 0136595-014-UO. 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 also mail a copy of the petition to the applicant, Mr. Patrick J. Lehman, P. E., Peace River Manasota Regional Water Supply Authority, 9415 Town Center Parkway, Lakewood Ranch, Florida 34202, 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. 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 (contact Joseph Haberfeld, P.G., at (850) 245-8655), or at the Department of Environmental Protection, Southwest District Office, 13051 North Telecom Parkway, Temple Terrace, Florida 33637-0926 (contact Rommy Lahera-Aument, P.G., at (813) 632-7600).
