Department of Environmental Protection, Departmental

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Division of Water Resource Management

NOTICE OF INTENT TO GRANT A GROUND

WATER QUALITY – CRITERIA EXEMPTION

The Department of Environmental Protection gives notice of its intent to grant an exemption from the Class G-II ground water standard for sodium, chloride, sulfate, and total dissolved solids (TDS) pursuant to Rule 62-520.500, Florida Administrative Code (F.A.C.), as part of industrial wastewater Permit Number 05-FLA103641 to Praxair Inc. (Praxair), located in Brevard County at 2801 Hammock Road, Mims, Florida 32754. The exemption is for the permitted discharge of treated industrial wastewater to Class G-II ground water. The maximum contaminant level (MCL) for sodium is 160 mg/L. The secondary maximum contaminant levels (SMCL) for chloride, sulfate, and TDS are 250 mg/L, 250 mg/L, and 500 mg/L, respectively. Alternate levels have been proposed as follows: sodium 600 mg/L, chloride 600 mg/L, sulfate 1110 mg/L, and TDS 2600 mg/L.

The exemption is granted for the duration of the current Praxair industrial wastewater operation Permit Number 05-FLA103641, which has been administratively extended, and for the duration of the subsequent renewal permit upon issuance. The applicant, in conjunction with industrial wastewater Permit Number 05-FLA103641, must petition for any future exemptions or renewals.

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. The petition must contain the information set forth below and must be filed (received) in the: Office of General Counsel, Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 21 days of publication of this notice. The petitioner must mail a copy of the petition to the applicant: Mr. Jonathan Hayes, Facility Superintendent, Praxair, Inc., 2801 Hammock Road, Mims, Florida, 32754 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. 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 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 decisions;

(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 warrants 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 rule 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.

The application is available for public inspection during normal business hours, 8:00 a.m. – 5:00 p.m., Monday through Friday, except legal holidays, at the: Department’s Tallahassee Office, 2600 Blair Stone Road, Room 232B, Tallahassee, Florida 32399-2400; telephone: Mr. David James, P.G. at [phone].