DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO.:RULE TITLE:
62-560.510Drinking Water Variance Request
Notice of Intent to Grant Variance
The Department of Environmental Protection gives notice that it intends to grant a variance to the City of Punta Gorda (City), for its Shell Creek Drinking Water Treatment Facility, which treats and supplies potable water to all of the City’s drinking water customers in and near Punta Gorda, Charlotte County, Florida. The variance, authorized by Rule 62-560.510, F.A.C., will allow the City’s community public water system to exceed the total dissolved solids (TDS) secondary maximum contaminant level (MCL) of 500 milligrams per liter (mg/L) for the drinking water. The TDS MCL is established by Rule 62-550.320, F.A.C. The variance will establish a temporary alternative TDS MCL of 1,000 mg/L. The variance will be valid for five years. The City’s public water system has been assigned PWS ID number 6080051. This project has been assigned OGC File No.: 16-0202 and PA File No.: 303487-002-WC/V1.
The notice of intent, draft final order with conditions, petition, and administrative record are available online and can be accessed through the Department’s Information Portal at: http://webapps.dep.state.fl.us/DepNexus/public/electronic-documents/6080051/facility!search or are 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 South District Office, 2295 Victoria Ave, Suite 364, Ft. Myers, Florida 33901. Please contact the Department at phone number (239) 344-5600 if you have any questions or are experiencing difficulty viewing the electronic records.
The Department will issue the final order granting the variance as drafted unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57, Florida Statutes, within thirty days of notice. The procedures for petitioning for a hearing are set forth below.
A person whose substantial interests are affected by the Department's proposed agency action may petition for an administrative proceeding (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 Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.
Under Rule 62-110.106(4), Florida Administrative Code, a person may request an extension of the time for filing a petition for an administrative hearing. The request must be filed (received by the Clerk) in the Office of General Counsel before the end of the time period for filing a petition for an administrative hearing.
Petitions filed by any persons other than those entitled to written notice under Section 120.60(3), Florida Statutes, must be filed within thirty days of publication of the notice or within thirty days of receipt of the written notice, whichever occurs first. Section 120.60(3), Florida Statutes, however, also allows that any person who has asked the Department in writing for notice of agency action may file a petition within thirty days of receipt of such notice, regardless of the date of publication.
The petitioner shall mail a copy of the petition at the time of filing to Mr. Tom Jackson, City of Punta Gorda, Utilities Department, 326 West Marion Avenue, Punta Gorda, FL 33950. The failure of any person to file a petition or request for an extension of time within thirty days of receipt of notice shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, Florida Statutes. 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, Florida Administrative Code.
A petition that disputes the material facts on which the Department’s action is based must contain the following information, as indicated in Rule 28-106.201, Florida Administrative Code:
(a)The name and address of each agency affected and each agency's file or identification number, if known;
(b)The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; 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 determination;
(c)A statement of when and how the petitioner received notice of the Department's 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 the petitioner contends warrant reversal or modification of the Department's proposed action;
(f)A statement of the specific rules or statutes the petitioner contends require reversal or modification of the Department’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 petitioner wishes the Department to take with respect to the Department's proposed action.
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 have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above.
Mediation is not available.
