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ENVIRONMENTAL PROTECTION COMMISSION OF HILLSBOROUGH COUNTY NOTICE OF INTENT TO ISSUE PERMIT
The Environmental Protection Commission of Hillsborough County (EPC), a delegated local program of the Florida Department of Environmental Protection (Department), gives notice of its intent to issue a permit to Integrated Water Systems, LLC, through its managing member, Mr. Dewayne Bingham, Jr, 3640 Sumner Road, Dover, Florida 33527, for a Dewatering Facility to be located at 4611 Lykes Road, Plant City, Florida 33566. The proposed facility will receive septage (residential & commercial septic tanks only) and biosolids (generated from domestic wastewater treatments plants) with the liquid side stream will be pumped to the City of Plant City Water Reclamation Facility (FL0026557) sanitary sewer collection system and the dewatered solids will be transported to a Class I Solids Waste Landfill.
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 EPC 3629 Queen Palm Drive, Tampa, Florida 33619, at phone number (813) 627-2600.
The EPC will issue the permit unless a timely petition for an administrative hearing is filed under sections 120.569 and 120.57 of the Florida Statutes (F.S.), or all parties reach a written agreement on mediation as an alternative remedy under section 120.573 F.S. before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for petitioning for a hearing are set forth below, followed by the procedures for pursuing mediation.
A person whose substantial interests are affected by the EPC's proposed permitting decision may petition for an administrative hearing in accordance with sections 120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed (received) in the Legal Department of the EPC, 3629 Queen Palm Drive, Tampa, Florida 33619. Petitions must be filed within fourteen days of publication of this public notice or within fourteen days of receipt of the notice of intent, whichever occurs first. A petitioner must also 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 a request for mediation, as discussed below) 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, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention will be only 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 (F.A.C).
A petition must 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, 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 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.
Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the EPC's final action may be different from the position taken by it in this notice of intent. Persons whose substantial interests will be affected by any such final decision of the EPC on the application have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above.
Any person may elect to pursue mediation by reaching a mediation agreement with all parties to the proceeding (which includes the EPC and any person who has filed a timely and sufficient petition for a hearing) and by showing how the substantial interests of each mediating party are affected by the EPC's action or proposed action. The agreement must be filed in (received by) the EPC's Legal Department at the above address of the EPC, within ten (10) days of a timely petition.
The agreement to mediate must include the following:
(a) the names, addresses, and telephone numbers of any persons who may attend the mediation;
(b) the name, address, and telephone number of the mediator selected by the parties, or a provision for selecting a mediator within a specified time;
(c) the agreed allocation of the costs and fees associated with the mediation;
(d) the agreement of the parties on the confidentiality of discussions and documents introduced during mediation;
(e) the date, time, and place of the first mediation session, or a deadline for holding the first session, if no mediator has yet been chosen;
(f) the name of each party's representative who shall have authority to settle or recommend settlement;
(g) an explanation of how the substantial interests of each mediating party will be affected by the action or proposed action addressed in this action or a statement clearly identifying the petition for hearing that each party has already filed, and incorporating it by reference; and
(h) the signatures of all parties or their authorized representatives.
As provided in section 120.573 of the Florida Statutes, the timely agreement of all parties to mediate will toll the time limitations imposed by section 120.569 and 120.57 for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute, the EPC must enter a final order incorporating the agreement of the parties. Persons whose substantial interests will be affected by such a modified final decision of the EPC have a right to petition for a hearing only in accordance with the requirements for such petitions set forth above, and must therefore file their petitions within fourteen days of receipt of this notice. If mediation terminates without settlement of the dispute, the EPC shall notify all parties in writing that the administrative hearing processes under sections 120.569 and 120.57, F.S. are resumed.
The application is 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 EPC, 3629 Queen Palm Drive, Tampa, Florida 33619, (813) 627-2600.
April 27, 2018 18-01697H