Drinking Water Variance Request

DEPARTMENT OF ENVIRONMENTAL PROTECTION

NOTICE OF INTENT TO GRANT A VARIANCE UNDER RULE 62-560.510, F.A.C.

RULE NO: RULE TITLE
62-560.510: Drinking Water Variance Request

The Department of Environmental Protection gives notice that it intends to grant a variance request from the City of North Port, received on February 13, 2007, for its public water system located near the intersection of U.S. Highway 41 and North Port Blvd. in Sarasota County. The request was filed under the authority of Rule 62-560.510, F.A.C., and was for relief from the secondary drinking water standards for total dissolved solids (500 mg/L) and sulfate (250 mg/L). The variance intends to allow total dissolved solids not to exceed 1000 mg/L and sulfate not to exceed 500 mg/L during the duration of the variance that is until June 30, 2012. After that date, the City must have treatment in place to remove the excess concentrations of these parameters. The file number is OGC File No.: 07-0474.

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, Florida Statutes. The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Blvd., Mail Station 35, Tallahassee, Florida 32399-3000, within 30 days of this notice.

Mediation is not available.

If a timely and sufficient petition for administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to intervene in the proceeding. Intervention will be permitted only at the discretion of the presiding officer upon filing of a motion in compliance with Rule 28-106.205, F.A.C.

In accordance with subsections 28-106.111(2), F.A.C., and paragraph 62-110.106(3)(a) and subsection (4), F.A.C., petitions for an administrative hearing must be filed within 30 days of publication of the notice or receipt of written notice, whichever occurs first. Under subsection 62-110.106(4), Florida Administrative Code, a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for 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 3900 Commonwealth Blvd., Mail Station 25, Tallahassee, Florida 32399-3000, before the applicable deadline. A timely request for extension of time will toll the running of the time period for filing a petition until the request is acted upon. Upon motion by the requesting party showing that failure to file a request for an extension of time before the deadline was the result of excusable neglect, the Department may also grant the requested extension of time.

The petitioner shall mail a copy of the petition to the applicant, City of North Port Utilities at 6644 West Price Blvd., North Port, Florida 34286, 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 waiver of that right.

A petition that disputes the material facts on which the Department’s action is based 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’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 action; c) a statement of when and how the petitioner received notice of the agency decision; d) a concise 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 the petitioner contends require 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; 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.

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 shall contain the same information set forth above, as required by Rule 28-106.301, F.A.C.

Under Sections 120.569(2)(c) and (d), Florida Statutes, a petition for administrative hearing shall be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. Complete copies of all documents relating to this determination are available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, at Department of Environmental Protection, Southwest District, 13051 North Telecom Parkway, Temple Terrace, Florida 33637. Please contact Gwen Shofner, Drinking water Program Manager at [phone], ext. 306.