The Palm Beach County Health Department gives notice of its intent to grant an exemption request pursuant to Rule 62-560.520, Florida Administrative Code (F.A.C.) to the City of West Palm Beach, for its public water system located at 1009 Banyan Boulevard, West Palm Beach, Palm Beach County, Florida. This exemption is for the exceedance of the secondary maximum contaminant levels (SCML) for total dissolved solids (TDS) and chlorides found in Rule 62-550.320, F.A.C. The SCML for TDS and chlorides are 500 mg/L and 250 mg/L, respectively. As a condition of this exemption, alternative SCML of 1,000 mg/L for TDS and 500 mg/L for chlorides will be required for the duration of the exemption. The exemption is granted for designated drought periods until August 31, 2018. The exemption would be initiated by the City when the Drought Monitor, referenced by the South Florida Water Management District, reaches the D4 Exceptional Drought category, the City publishes notice of its intent to activate the exemption and the exemption would remain in effect until the City publishes notice that TDS and chloride levels have returned to normal levels. Exemptions beyond August 31, 2018 must be petitioned for by the applicant.
A person whose substantial interests are affected by the Departments proposed exemption decision may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.570, Florida Statutes (F.S.). The petition must contain the information set forth below and must be filed (received) in the: Office of the General Counsel of the Department at 800 Clematis Street, West Palm Beach, Florida 33401, within 30 days of the publication of this notice. The petitioner must mail a copy of the petition to the applicant at: City of West Palm Beach Utilities, P.O. Box 3483, West Palm Beach, Florida 33402, 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 persons 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 Departments 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 agencys file or identification number, if known;
(b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioners representative, if any, which shall be the address for service purposes during the course of the proceeding and an explanation of how the petitioners 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 the specific facts the petitioner contends warrant reversal or modification of the agencys proposed action;
(f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agencys 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 agencys proposed action.
A petition that does not dispute the material facts on which the Departments 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 above 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 inspections during normal business hours, 8:00 a.m. 5:00 p.m., Monday through Friday, except legal holidays, at the: Departments Headquarters Office, 800 Clematis Street, 4th Floor, West Palm Beach, Florida 33401; telephone: Mr. Darrel Graziani, P.E., R.S., Water Programs Administrator, (561)837-5995.
