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STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF INTENT TO ISSUE9/26/2013
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STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF INTENT TO ISSUE

When:Thursday, September 26, 2013


The Department of Environmental Protection provides Notice of Intent to Issue a permit for Lee County Utilities, Ms. Pam Keyes, Director, 1500 Monroe Street, Fort Myers, Florida, 33902 which applied on March 28, 2013 for a permit to operate a Class I injection well system. The project is located at the Pinewoods Water Treatment Plant (WTP), 11950 Corkscrew Rd, Estero, Florida, in the County of Lee (File No. 165527-006 -UO/1I).

            The facility will operate one (1) non-hazardous Class I injection well and a corresponding dual zone monitor well. The injection well shall be used to provide disposal of concentrate from the Pinewoods nanofiltration WTP and the Pinewoods reverse osmosis WTP, as well as secondary treated municipal effluent from the Three Oaks Wastewater Treatment Plant. The maximum capacity for the well shall be 1300 gpm (1.872 MGD).

            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 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:

                        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 the Department of Environmental Protection, South District Office, 2295 Victoria Avenue, Suite 364, Fort Myers, Florida 33901, 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 Neil Campbell, Engineering Specialist, at 850.245.8612.

 

LCU Ad No. 91