62-528.315. Underground Injection Control: Requirements for Public Notice

(1) For Class I, Class III, or major Class V wells, the Department shall give public notice that the following actions have occurred:

(a) A draft permit for construction, operation, or plugging and abandonment under Rule 62-528.310, F.A.C., has been prepared.

(b) A draft consent order, or other non-procedural order which has not yet been subjected to a notice of intended agency action has been prepared.

(c) A public meeting has been scheduled pursuant to Rule 62-528.325, F.A.C.

(2) No public notice is required when a request for a permit, including modifications, revocation, reissuance or termination, is denied. Written notice of that denial shall be given to the requester and to the permittee.

(3) Public notices may describe more than one permit or permit action.

(4) Public notice of the preparation of a draft permit shall allow at least 30 days for public comment.

(5) Public notice of a public meeting shall be given at least 30 days before the meeting. Public notice of the meeting may be given at the same time as public notice of the draft permit, or the two notices may be combined.

(6) Public notice of the activities described in subsection (1) above shall be given by the following methods:

(a) By mailing a copy of the notice to the following persons (any person otherwise entitled to receive notice under this subsection may waive his or her rights to receive notice if he or she specifically waives his or her rights in response to the public notice for any classes and categories of permits; agencies listed in subparagraphs 2 through 4 below waive their right to receive notice if they specifically waive their rights in response to the Department’s request to remain on the mailing list):

1. The applicant;

2. Any other agency which the Department knows has issued or is required to issue a permit under Resource Conservation and Recovery Act, National Pollutant Discharge Elimination System, Section 404 of the Clean Water Act, Prevention of Significant Deterioration (or other permit under the Clean Air Act), sludge management permit, or ocean dumping under the Marine Research Protection and Sanctuaries Act for the same facility or activity (including the U.S. Environmental Protection Agency);

3. Federal and state agencies in Florida with jurisdiction over fish, shellfish and wildlife resources, and over coastal zone management plans, the Advisory Council on Historic Preservation, State Historic Preservation officers, and any affected state including Indian Tribes;

4. For Class I injection well permits, state and local oil and gas regulatory agencies and state agencies regulating mineral exploration and recovery;

5. Persons on a Department mailing list which is to be developed by:

a. Including those who request in writing to be on the list;

b. Soliciting persons for a Department District office list from those participants in past permit proceedings in that district;

c. Notifying the public of the opportunity to be on a mailing list through periodic publication in the public press and in such publications as regional or state funded newsletters, environmental bulletins, or state law journals. The Department shall update the mailing list from time to time by requesting written indication of continued interest from those listed.

6. The primary unit of local government having jurisdiction over the area where the facility is proposed to be located;

7. Each state agency having any authority under state law with respect to the construction or operation of such facility.

(b) A notice in a daily or weekly newspaper having general circulation within the area affected by the facility or activity; and

(c) Any other method reasonably calculated to give actual notice of the action in question to a person potentially affected by it, including press releases or any other forum or medium to elicit public participation.

(7) All public notices issued under this section are prepared by the Department and shall at a minimum contain the following information:

(a) Name and address of the office processing the permit action for which the notice is being given;

(b) Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;

(c) A brief description of the business conducted at the facility or activity described in the permit application or draft permit;

(d) Name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit, statement of basis or fact sheet, and the application; and

(e) A brief description of the comment procedures described in Rules 62-528.321 and 62-528.325, F.A.C., and the time and place of any public meeting that will be held, including a statement of procedures to request a meeting (unless a meeting has already been scheduled) and other procedures by which the public may participate in the final permit decision.

(f) Any additional information considered necessary to fulfill the purpose of the notice.

(8) Public notices for public meetings. In addition to the general public notice described in subsection (7) above, the public notice of a meeting under Rule 62-528.325, F.A.C., shall contain the following:

(a) Reference to the date of any previous public notices relating to the permit;

(b) Date, time, and place of the meeting;

(c) A brief description of the nature and purpose of the meeting, including the applicable rules and procedures.

(9) In addition to the general public notice described in subsection (7) above, all persons who receive notice under subparagraphs (6)(a)2. and 3. above shall be mailed a copy of the permit application (if any) without supporting documentation, and all persons who receive notice under subparagraphs (6)(a)1., 2., and 3. above shall be mailed a copy of the notice of draft permit (if any) by the Department.

(10) After the conclusion of the public comment period described in Rule 62-528.321, F.A.C., and after the conclusion of a public meeting (if any) described in Rule 62-528.325, F.A.C., the applicant shall publish public notice of the proposed agency action including the availability of an administrative hearing under Sections 120.569 and 120.57, F.S. This public notice shall follow the procedure described in subsection 62-110.106(7), F.A.C.

Specific Authority 373.309, 403.061, 403.087 FS. Law Implemented 120.60, 373.308, 403.061, 403.062 FS. History–New 8-10-95, Amended 6-24-97.