The Department of Environmental Protection gives notice of its intent to grant an exemption from the Class G-II ground water standards for color pursuant to Rule 62-520.500, F.A.C., as part of the Class V underground injection control construction Permit Number 247165-003-UC for the City of Cape Coral, P. O. Box 1500207, Cape Coral, Florida 33915-0027. The exemption is for the aquifer storage and recovery (ASR) project injecting treated surface water from the nearby canal into Class G-II ground water. The ASR facility is located at Canal Pump Station 4, near the intersection of Veterans Parkway and Retunda Parkway, Cape Coral, Lee County. The exemption is granted for the duration of the City of Cape Corals underground injection control construction permit number 247165-003-UC for ASR-1 and subsequent renewals of said permit, and is made a part of the permit. The applicant, in conjunction with the Permit Number 247165-003-UC, must petition for any future exemptions for any additional ASR wells or an operation permit for any ASR project at the facility.
A person whose substantial interests are affected by the Departments 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, 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, the City of Cape Coral, Mr. George Reilly, P.E., Utilities Manager, P. O. Box 1500207, Cape Coral, Florida 33915-0027, 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 persons 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, F.A.C.
A petition that disputes the material facts on which the Departments 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 petitioners 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 petitioners 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 Departments 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, Room 212E, Tallahassee, Florida 32399‑2400; telephone: Joe Haberfeld at (850)245-8655.
