state of florida department of environmental protection notice of intent


state of florida department of environmental protection notice of intent

When: Monday, April 21, 2014

            The Department of Environmental Protection provides Notice of Intent to Issue a permit for Lee County Utilities, Pamela Keyes, P.E., Director, 1500 Monroe Street, Third Floor, Fort Myers, Florida 33901, who applied on August 15, 2013 for a permit to construct and operationally test a Class I injection well system. The project is located at 16001 Airport Haul Road, Fort Myers, Florida 33913 in the County of Lee (File No. 0320678-001-UC/1I & 0320678-002-UC/1I). The purpose of the project is to dispose of reverse osmosis and ion-exchange regeneration concentrate from Green Meadows Water Treatment Plant (WTP).
            The facility will construct and operationally test two non-hazardous Class I injection wells (IW-1 & IW-2) located at the Green Meadows WTP. The maximum permitted capacity of each well is 5.1 million gallons per day (MGD) or 3542 gallons per minute (gpm), with 5.1 MGD being the maximum injected volume for the facility. The IW-2 well is to be located approximately 6900 feet east of IW-1.
            The Department has permitting jurisdiction under Chapter 403 of the Florida Statutes and the rules adopted thereunder. The project is not exempt from permitting procedures. The Department has determined that a construction and testing permit is required for the proposed work.
            The Department will issue the permit unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57, F.S. Mediation is not available for this proceeding.
            A person whose substantial interests are affected by the Department's proposed permitting decision may petition for an administrative proceeding (hearing) in accordance with Sections 120.569 and 120.57, F.S. The petition must conform to the requirements specified in the Notice and be filed (received) within 14 days of publication of the Notice in the Department's Office of General Counsel, MS 35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. 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 of the Florida Statutes, 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 of the Florida Administrative Code.
            The Petition shall 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, 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 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 agency's proposed action;
f. A statement of the specific rules or statutes 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 petitioner wishes the agency to take with respect to the agency's proposed action.
            If a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this intent. Persons whose substantial interests will be affected by any decision of the Department with regard to the application have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above.
            The application, draft permit, and fact sheet 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 of Environmental Protection, South District Office, (2295 Victoria Avenue, Suite 364), P.O. Box 2549, Fort Myers, Florida 33902-2549, and at the Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. Any additional information concerning this project may be obtained by contacting Douglas Thornton, Engineering Specialist, at 850.245.8666.

LCU Ad No. 94
March 20, 2014