of its intent to grant a variance under section 403.201, F.S., from the provisions of rule 62-302.530(69), F.A.C., to Iluka Resources, Inc., 1223 Warner Road, Green Cove Springs, FL 32043. The project is located in the Clarkes Creek watershed, a ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-302.530Table: Surface Water Quality Criteria

The Department of Environmental Protection hereby gives notice of its intent to grant a variance under Section 403.201, F.S., from the provisions of subsection 62-302.530(69), F.A.C., to Iluka Resources, Inc., 1223 Warner Road, Green Cove Springs, FL 32043. The project is located in the Clarkes Creek watershed, a tributary of the St. Johns River, Class III waters, in Clay County, Sections 16 and 21, Township 7 South, Range 26 East; and Section 24, Township 7 South, Range 25 East. The file has been assigned File No. 0131098-061 EV-VE, OGC # 15-0173. The variance will allow temporary relief from the turbidity standard in a portion of Clarke’s Creek within the mine boundary to allow for construction of a remediation project under associated Environmental Resource Permit File # 0131098-060. The variance is being granted because the petitioner has demonstrated that compliance with the particular requirement or requirements from which a variance is sought will necessitate the taking of measures which, because of their extent or cost, must be spread over a considerable period of time.

A person whose substantial interests are affected by the Department’s action may petition for an administrative hearing under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-106.201, F.A.C., a petition for an administrative hearing must contain the following information: (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 are or 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 the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action; (f) 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 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 wishes the agency to take with respect to the agency’s proposed action.

The petition 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.

Petitions for an administrative hearing must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication.

The failure to file a petition within the appropriate time period shall constitute a waiver of that person’s right to request an administrative 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 subsection 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. Requests for extension of time must be filed with the Office of General Counsel of the Department at the address indicated above, before the applicable deadline for filing a petition for an administrative hearing. 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.

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, the hearing process may result in a modification of the agency action or even denial of the application.

Mediation is not available in this proceeding.

A copy of the Order or additional information may be obtained by contacting: [e-mail] or call [phone] and include the file number in your request.

The files associated with this variance are available upon request. Please address your request to [e-mail] or call [phone] and include the file number in your request.