DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Water Resource Management
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
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 standards for sodium, chloride, sulfate, and total dissolved solids (TDS) pursuant to Rule 62-520.500, Florida Administrative Code (F.A.C.), as part of industrial wastewater Permit Number 05-FLA103641 to the Praxair Inc. (Praxair), Mims Facility located in Brevard County at 2801 Hammock Road, Mims, Florida, 32754. The exemption is for the permitted discharge of treated industrial wastewater to Class G‑II ground water.
On February 22, 2016, the Department received an application from Praxair for renewal of IWW Permit Number 05-FLA103641. The exemption will be incorporated into IWW renewal Permit Number 05-FLA103641 upon Department issuance and approved for the duration of said permit. A petition for any future renewal of this exemption must be submitted by the applicant in conjunction with renewal of IWW Permit Number 05-FLA103641.
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. Dominic Cianchetti, Corporate Vice President, Praxair, Inc., 2801 Hammock Road, Mims, Florida, 32754 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 Department’s Tallahassee Office, 2600 Blair Stone Road, Room 232B, Tallahassee, Florida 32399‑2400; telephone Mr. David James, P.G., at (850)245-8648.
