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 (Department) gives notice of its intent to grant renewal of an exemption from the Class G-II ground water standard for sodium, chloride, color, odor and total dissolved solids (TDS) pursuant to Rule 62-520.500, Florida Administrative Code (F.A.C.), as part of the Cedar Key Water Reclamation Facility domestic wastewater operation Permit Number FL0031216. The main land application wastewater discharge site is located on the northwest corner of 8th Street and G Street adjacent to Back Bayou, Cedar Key, Levy County, Florida, and numerous smaller slow-rate public access land application sites are located around the island. The exemption is for the permitted discharge of treated domestic wastewater to Class G-II ground water. The renewal exemption is granted for the duration of the current Cedar Key Water Reclamation Facility domestic wastewater operation Permit Number FL0031216, which expires on August 25, 2013, and will be incorporated into the Cedar Key Water Reclamation Facility domestic wastewater operation renewal Permit Number FL0031216, and approved for the duration of the permit upon issuance. Any future exemptions must be petitioned for by the applicant in conjunction with any future renewal of domestic wastewater operation Permit Number FL0031216. 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 Bob Martinez Office Complex, 2600 Blair Stone Road, Room 232B, Tallahassee, Florida 32399-2400; telephone Mr. David James, P.G., at 850/245-8648, david.james@dep.state.fl.us.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 or receipt of notice, whichever occurs first. The petitioner must mail a copy of the petition to the applicant, Mr. John McPherson, General Manager, Cedar Key Water and Sewer District, 510 Third Street, Cedar Key, Florida, 32625, 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. In the event that a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. 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.
Under Rules 28-106.111(3) and 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time.. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If a request is filed late, the Department may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect.
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’s 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.
