Soil Thermal Treatment Facilities

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-296.415:Soil Thermal Treatment Facilities

STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

NOTICE OF INTENT TO GRANT VARIANCE

The Department of Environmental Protection (Department) gives notice of its intent to grant a variance under Section 403.201, Florida Statutes (F.S.), from the provisions of Rule 62-296.415, Florida Administrative Code (F.A.C.), to Clark Environmental Inc., a soil thermal treatment facility located at 755 Prairie Industrial Parkway, Mulberry, Florida, in Polk County. This proposal (OCG No.16-0030) is to allow the petitioner to operate down to a minimum exhaust gas temperature of 1,350 degrees Fahrenheit and a residence time of 1.4 seconds in lieu of the minimum temperature and residence time required by Rule 62-296.415, F.A.C. This variance is being granted because petitioner demonstrated that the variance is necessary to prevent hardship. The Department’s file on this matter 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, Division of Air Resource Management, Office of Business Planning, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone: [phone].

The Department will grant the proposed variance unless a timely petition for administrative hearing is filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, this process may result in a modification of the proposed agency action or even denial of the application. The procedures for petitioning for a hearing are as follows.

A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. The petition must contain the following information required by Rules 28-106.201 and 28-106.301, F.A.C.:

• The name and address of each agency affected and each agency’s file or identification number, if known;
• The name, address, any email address, any facsimile number, and telephone number of the petitioner; the name, address, email 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;
• An explanation of how the petitioner’s substantial interests are or will be affected by the agency determination;
• A statement of when and how the petitioner received notice of the agency decision;
• A statement of all disputed issues of material fact; or, if there are none, the petition must so indicate;
• A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action;
• A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how any alleged facts relate to the specific rules or statutes; and;
• A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action.

Petitions must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing 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. At the time of filing, the petitioner shall also mail a copy of the petition to the applicant at the following address: Clark Environmental Inc., 755 Prairie Industrial Parkway, Mulberry, Florida 32860.

In accordance with subsection 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons who have asked the Department in writing to receive notice of this action pursuant to Sections 403.201 and 120.63, F.S., must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant and those entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. The failure 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 be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.

Under Sections 120.569(2)(c) and (d), F.S., a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed.

Mediation is not available in this proceeding.

The files associated with this order are 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, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.