STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF INTENT
The Department of Environmental Protection hereby provides Notice of Intent to issue a permit to Lee County Utilities Fort Myers Beach WRF, Ms. Pamela Keyes, 1500 Monroe Street, Fort Myers, Florida 33901, for a permit to operate one, (1), Class I municipal, injection well, (IW-1), and an associated monitoring well system. The project services the Lee County Utilities Fort Myers Beach WRF facility, located at 17155, Pine Ridge Road., Fortt Myers, Florida 33931 in the County of Lee. (File No. 128633-005-UO/1M). The purpose of the facility is to inject non-hazardous secondary treated municipal effluent from the Fort Myers Beach WRF to the existing IW-1 injection well.
Operate one (1), nominal, sixteen-inch (16”) outside diameter (O.D.), Class I injection well (IW-1), with cemented 16” O.D., 0.50” wall thickness steel injection casing set to approximately 2370 feet below land surface (bls) and a total depth of 3033 feet bls with a nominal 15-inch open hole interval existing between 2370 and 3033 feet bls. Injection is into the Lower Oldsmar Formation for the primary means of disposal of non-hazardous, secondary treated municipal effluent from the Lee County Utilities or Myers Beach WRF for a maximum disposal of 5,500 gallons per minute, (gpm), or 7.92 million gallons per day (MGD). The maximum injection pressure shall not exceed 100 pounds per square inch (psi) in IW-1. The existing dual zone monitoring well (DZMW-1) is completed from 1170 to 1271 feet bls and 1572 to 1650 feet bls.
The Department has permitting jurisdiction under Chapter 403 of the Florida Statutes, and Chapters 62‑4, 62-520, 62‑528, 62-550, 62-600, 62-601, and 62-610, of the Florida Administrative Code. The project is not exempt from permitting procedures. The Department has determined that an operation 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:
- 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;
- A statement of how and when each petitioner received notice of the Department's action or proposed action;
- A statement of how each petitioner's substantial interests are affected by the Department's action or proposed action;
- A statement of the material facts disputed by Petitioner, if any;
- A statement of facts which petitioner contends warrants reversal or modification of the Department's action or proposed action;
- A statement of which rules or statutes petitioner contends require reversal or modification of the Department's action or proposed action; and
- 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 the Department of Environmental Protection, South District Office, located at 2295 Victoria Ave., Suite 364, Fort Myers, Florida 33901. Any additional information concerning this project may be obtained by contacting David Rhodes, P.G. at (239) 344-5687.
LCU Ad No. 87