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ENVIRONMENTAL PROTECTION COMMISSION OF HILLSBOROUGH COUNTY NOTICE OF INTENT TO ISSUE PERMIT
The Environmental Protection Commission of Hillsborough County (EPC), an approved Local Program of the Florida Department of Environmental Protection (FDEP), gives notice of its intent to issue a permit to Logistec Gulf Coast, LLC, Mr. Randy Comeaux, Vice President, 2327 South Dock Street, Palmetto, FL 34221, to expand an existing closed-loop wastewater system that supports a prilled sulfur handling facility. Prilled sulfur is transported to the site via ships entering Port Redwing and docking at Berth 300. The material is unloaded into adjacent hoppers and transferred for storage on an asphalt storage pad. From the pad, the prilled sulfur is loaded into trucks and transferred off-site. Wastewater is generated from rainwater contacting the prilled sulfur piles. The resulting contact stormwater is directed to a closed-loop zero discharge wastewater recycle system, which consists of a contact stormwater/wastewater collection system, two HDPE lined ponds, a pH adjustment system using sodium hydroxide, and a dust suppression system that uses the pond water to irrigate the sulfur piles. The ponds are designed to retain the volume of stormwater generated during a 100-year, 24-hour storm event. The facility will be located at latitude 27° 48' 32” N, longitude 82° 24' 37” W at 6011 Diana Toledo Almeida Road, Gibsonton, Florida 33534, in Hillsborough County. The EPC has assigned permit file number FLA892980-003-IW9B to the proposed project.
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, The Roger P. Stewart Center, 3629 Queen Palm Drive, Tampa, Florida 33619, at phone number (813) 627-2600.
NOTICE OF RIGHTS
The EPC will issue the permit unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the EPC. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application.
Petition for Administrative Hearing
A person whose substantial interests are affected by the EPC's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-106.201 and 28-106.301, F.A.C., a petition for an administrative hearing 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, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; 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 EPC's 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 that 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 that the petitioner wishes the agency to take with respect to the agency's proposed action.
The petition must be filed (received by the Clerk) in the office of the Legal Department at The Roger P. Stewart Center, 3629 Queen Palm Drive, Tampa, FL 33619 or via electronic mail at [email protected] or via facsimile at (813) 627-2602. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.
Time Period for Filing a Petition
Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. The failure 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, F.S., or to intervene in this proceeding and participate as a party to it. 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, F.A.C.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the EPC's action may also request an extension of time to file a petition for an administrative hearing. The EPC may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the office of the Legal Department at The Roger P. Stewart Center, 3629 Queen Palm Drive, Tampa, FL 33619 or via electronic mail at [email protected] or via facsimile at (813) 627-2602., before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.
Mediation
Mediation is not available in this proceeding.
March 11, 2022 22-00858H