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NOTICE OF INTENT TO ISSUE PERMIT7/10/2011
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NOTICE OF INTENT TO ISSUE PERMIT

When:Sunday, July 10, 2011


STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

NOTICE OF INTENT TO ISSUE PERMIT

 

 

          The Department of Environmental Protection gives notice of its intent to issue a permit to Lee County Utilities, Douglas Meurer, 1500 Monroe St, 3rd Floor, Fort Myers, Florida 33901, to operate a domestic wastewater treatment facility which would discharge effluent to Caloosahatchee Tidal Estuary or supply reclaimed water to Cape Coral’s slow-rate public access system. The facility is known as the Waterway Estates Wastewater Treatment Plant and is located at latitude 26o38'19"N, longitude 81o54'33" W, at 1667 Inlet Dr, North Fort Myers, Florida 33903-5006 in Lee County.

 

          The intent to issue and application file 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's South District Office, 2295 Victoria Ave, Suite 364, Ft. Myers, Florida 33901-3881, at phone number (239)344-5600.

 

          The Department will issue the permit with the attached conditions unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57, Florida Statutes, within fourteen days of receipt of notice.  The procedures for petitioning for a hearing are set forth below.

 

          A person whose substantial interests are affected by the Department's proposed permitting decision may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, Florida Statutes.  The petition must contain the information set forth below and must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.

 

          Under Rule 62-110.106(4), Florida Administrative Code, a person may request an extension of the time for filing a petition for an administrative hearing.  The request must be filed (received by the Clerk) in the Office of General Counsel before the end of the time period for filing a petition for an administrative hearing.

 

          Petitions filed by any persons other than those entitled to written notice under Section 120.60(3), Florida Statutes, must be filed within fourteen days of publication of the notice or within fourteen days of receipt of the written notice, whichever occurs first.  Section 120.60(3), Florida Statutes, however, also allows that any person who has asked the Department for notice of agency action may file a petition within fourteen days of receipt of such notice, regardless of the date of publication. 

 

          The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing.  The failure of any person to file a petition or request for an extension of time within fourteen days of receipt of notice shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, Florida Statutes.  Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, Florida Administrative Code.

 

          A petition that disputes the material facts on which the Department's action is based must contain the following information, as indicated in Rule 28-106.201, Florida Administrative Code:    

(a)   The name and address of each agency affected and each agency's file or identification number, if known;

 

(b)  The name, address, and telephone number of the petitioner; 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 determination;

 

(c)  A statement of when and how the petitioner received notice of the Department's 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 Department's proposed action;

 

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

 

(g)  A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Department's proposed action.

 

          Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department's final action may be different from the position taken by it in this notice.  Persons whose substantial interests will be affected by any such final decision of the Department have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above.

 

          Mediation under Section 120.573, Florida Statutes, is not available for this proceeding.

 

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