DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Water Resource Management Notice of Final Order to Grant Water Quality Criteria Exemption
The Department of Environmental Protection gives notice that on July 27, 2020, the department issued the Final Order to an grant exemption from the Class G-II groundwater standard for color pursuant to Rule 62-520.500, Florida Administrative Code (F.A.C.), as part of Underground Injection Control (UIC) permit number 0129560-010-UO/5W to the Florida Department of Transportation (FDOT) Interstate 75 Milepost 35 Rest Area located in Unincorporated Broward County, Florida. The exemption is for the permitted discharge of secondary treated domestic wastewater generated at the rest area wastewater treatment plant and reverse osmosis concentrate from the rest area water treatment plant to Class G‑II groundwater of the Intermediate aquifer.
On March 9, 2018 the Department received an operation permit renewal application (number 0356935-001-UC/5SR) and water quality criteria exemption requests from Sunrise for a construction permit for an aquifer storage and recovery injection well system. The exemptions will be incorporated into UIC permit number 0129560-010-UO/5W, which expires five years after issuance, and is approved for the duration of said permit. A petition for any future renewal of this exemption must be submitted by FDOT in conjunction with renewal of permit number 0129560-010-UO/5W, any future application for a construction permit for additional injection wells, or an operation permit for any injection project including operation permit renewals.
This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. 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.
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-106.201 and 28-106.301, 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, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant, Mr. Tony Castro, Deputy Maintenance Engineer, FDOT, 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309, at the time of filing.
Time Period for Filing a Petition
In accordance with subsection 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under subsection 120.60(3), F.S., must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under subsection 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. The failure 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 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.
Extension of Time
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 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the 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.
Mediation
Mediation is not available for this proceeding.
Judicial Review
Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department.
For more information or to review the application and petition contact Joe Haberfeld, P.G., at (850)245-8655 or joe.haberfeld@floridadep.gov of the Department’s Tallahassee Office.
