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INTENT TO ISSUE
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 (copy of conditions attached) for the proposed project as detailed in the application specified above, for the reasons stated below.
Lamplighter MHC, LLC, applied through its president, Joseph Wolf, 8800 N. Bronx Avenue, 2nd Floor, Skokie, Illinois 60077, for a substantial permit revision for the addition of two new surge tanks with a combined capacity of 20,000 gallons equipped with two Vortex Hydromatic Pumps, a new flow splitter box and a bar screen, a new influent Magnetic flowmeter, and a new 5.0 HP Sutorbilt 3M blower with all associated piping and valves to enhance the overall operation of the treatment plant serving the Lamplighter Mobile Home Park located at 8406 Cindy Way, Tampa, Florida 33637.
The EPC has permitting jurisdiction under Chapters 62-4, 62-600, 62-620, and 62-640 of the Florida Administrative Code (FAC). The project is not exempt from permitting procedures. The EPC has determined that a permit to construct and operate is required for the proposed work.
The EPC intends to issue the above-referenced permit based on its belief that reasonable assurances have been provided to indicate that the proposed project will not adversely impact water quality as long as all of the conditions in the attached permit are adhered to and the proposed project will comply with the appropriate provisions of the F.A.C.
Under section 403.815 of the Florida Statutes and chapters 28-106 and 62-110 of the Florida Administrative Code, you (the applicant) are required to publish at your own expense the enclosed Notice of Intent to Issue Permit. The notice must 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 of the Florida Statutes, 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 should 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 EPC at the address or telephone number listed below. The applicant must provide proof of publication to the EPC, at 3629 Queen Palm Drive, Tampa, Florida 33619 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.
The EPC 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 of the Florida Statutes. The procedures for petitioning for a hearing are set forth below.
A person whose substantial interests are affected by the EPC's proposed permitting decision may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received by the clerk) in the Legal Department of the EPC at 3629 Queen Palm Drive, Tampa, Florida 33619.
Petitions by the applicant or any of the parties listed below must be filed within fourteen (14) days of receipt of this written notice. Petitions filed by any persons other than those entitled to written notice under section 120.60(3) of the 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.
Under section 120.60(3) of the Florida Statutes, however, any person who has asked the EPC 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 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 request for mediation 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. 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, FAC.
A petition that disputes the material facts on which the EPC's action is based 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.
A petition that does not dispute the material facts on which the EPC's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28-106.301.
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. Persons whose substantial interests will be affected by any such final decision of the EPC have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above.
In addition to requesting an administrative hearing, any petitioner may elect to pursue mediation. A party that desires mediation still must file a petition before the 14 day deadline to preserve your hearing rights. The election may be accomplished by filing with the EPC a mediation agreement with all parties to the proceeding (i.e., the applicant, the EPC, and any person who has filed a timely and sufficient petition for a hearing). The agreement must contain all the information required by rule 28-106.404. The mediation agreement must be received by the clerk in the Legal Department of the EPC at 3629 Queen Palm Drive, Tampa, Florida 33619, within ten days after the deadline for filing a petition for administrative hearing, as set forth above. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement.
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 sections 120.569 and 120.57 F.S. for holding an administrative hearing and issuing a final order. 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 seeking to protect their substantial interests that would be affected by such a modified final decision must file their petitions within fourteen days of receipt of this notice, or they shall be deemed to have waived their right to a proceeding under sections 120.569 and 120.57 F.S. 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.
Executed in Tampa, Florida.
Environmental Protection
Commission of Hillsborough County
Janet L. Dougherty
Executive Director
629 Queen Palm Drive
Tampa, Florida 33619
(813) 627-2600
September 14, 2018 18-03971H