department of environmental protection notice of intent


department of environmental protection notice of intent

When: Monday, October 19, 2009






The Department of Environmental Protection provides Notice of Intent to issue a permit and associated Administrative Order, AO-051-SD/UIC09, for Lee County Utilities Olga WTP ASR, Mr. Douglas Meurer, P.E., Director, 1500 Monroe Street, 3rd Floor, Ft Myers, FL 33901, to continue operational testing of two, (2), Class V, Group 7, Aquifer Storage and Recovery (ASR) injection wells (ASR-1 and ASR-5) for the storage and recovery of potable water in the lower Suwannee Formation of the Upper Floridian Aquifer System.  The project is located at the Olga Water Treatment Plant, 1450 Werner Road, Alva, Lee County, Florida 33920, (File Nos. 125120-180 and 182-UC/5X).


The purpose of the project is to store potable water in the lower Suwannee Formation of the Upper Floridian Aquifer System during wet weather periods to be recovered during dry weather periods in order to meet the seasonal potable water supply demands.  The Aquifer Storage and Recovery, (ASR), system will be operationally tested under authorization of Permit Nos. 125120-180 and 182-UC/5X and Administrative Order No. AO-051-SD/UIC09 and will require that the USDW be assessed along with the affect of the system operation on the quality of the USDW.  Any corrective action necessary to restore the USDW will be implemented under the authority of the referenced administrative order.


The Department has permitting jurisdiction under Chapter 403 of the Florida Statutes, and Chapters 62‑4, 62‑520, 62-528, and 62-550 of the Florida Administrative Code.  The project is not exempt from permitting procedures.  The Department has determined that a construction permit is required for the proposed work.


Pursuant to Section 403.815, Florida Statutes (F.S.) and Rule 62‑110.106, Florida Administrative Code (F.A.C.), you (the applicant) are required to publish at your own expense the enclosed Notice of Intent to Issue Permit.  The notice shall be published one time only within 30 days in the legal ad section of a newspaper of general circulation in the area affected.  For the purpose of this rule, "publication in a newspaper of general circulation in the area affected" means publication in a newspaper meeting the requirements of Sections 50.011 and 50.031, F.S., in the county where the activity is to take place.  Where there is more than one newspaper of general circulation in the county, the newspaper used must be one with significant circulation in the area that may be affected by the permit.  If you are uncertain that a newspaper meets these requirements, please contact the department at the address or telephone number listed below.  The applicant shall provide proof of publication to the Department, at South District, 2295 Victoria Ave., Fort Myers, Florida 33901 within seven days of publication.  Failure to publish the notice and provide proof of publication within the allotted time may result in the denial of the permit.


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, address, and telephone number of each petitioner, the applicant's name and address, the Department Permit File Number and the county in which the project is proposed;


b.       A statement of how and when each petitioner received notice of the Department's action or proposed action;


c.        A statement of how each petitioner's substantial interests are affected by the Department's action or proposed action;


d.       A statement of the material facts disputed by Petitioner, if any;


e.        A statement of facts which petitioner contends warrants reversal or modification of the Department's action or proposed action;


f.         A statement of which rules or statutes petitioner contends require reversal or modification of the Department's action or proposed action; and


g.       A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with respect to the Department's action or 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 Department of Environmental Protection, South District, 2295 Victoria Ave, Fort Myers, Florida 33901.  Additional information concerning this project may be obtained by contacting David Rhodes P.G. at (239) 332‑6975, Ext. 125.