DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Water Resource Management
NOTICE OF INTENT TO GRANT
GROUND 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 sodium pursuant to Rule 62-520.500, Florida Administrative Code (F.A.C.), as part of industrial wastewater Permit Number FLA016778 to the Progress Energy, Inc., (PE), Anclote Power Plant located in Pasco County at 1729 Baillies Bluff Road, Holiday, Florida 34691. The exemption is for the permitted discharge of treated industrial wastewater to Class G-II ground water. The maximum contaminant level for sodium is 160 mg/L. An alternative ground water concentration for sodium was not requested in the petition and is not being proposed because the sodium levels in the receiving brackish and Class III marine surface waters are as much as 10 times greater than the sodium levels in the discharge to ground water. The exemption is granted for the duration of the current Anclote Power Plant industrial wastewater Permit Number FLA016778, which expires on March 23, 2016. The applicant, in conjunction with any renewal of industrial wastewater Permit Number FLA016778, 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, 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 Mr. William Luke, Plant Manager-Anclote, Progress Energy Florida, Inc., 1729 Baillies Bluff Road, Holiday, Florida 34691, 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 28-106.201, 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 Department’s Tallahassee Office, 2600 Blair Stone Road, Room 232B, Tallahassee, Florida 32399-2400, Mr. David James, P.G., (850)245-8648.
