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State of Florida Department of Environmental Protection
Notice of Intent
The Department of Environmental Protection hereby provides Notice of Intent to Issue a permit for the proposed project, subject to the conditions specified in the draft permit and summarized below. The applicant, City of St. Petersburg Water Resources Department, John E. Palenchar, Director, Water Resources, 1650 3rd Avenue North, St. Petersburg, Florida 33713 applied on August 26 and 31, 2020 for a permit to operate three Class I injection wells. The project is located at the Northeast Water Reclamation Facility, 1160 62nd Avenue Northeast, St. Petersburg, Florida 33702, in Pinellas County (File No. 034361-010-012-UO/1M, WACS ID No. 47046).
The facility will operate three non-hazardous Class I injection wells IW-1, IW-2, and IW-3, and associated monitor wells M-2, M-3, M-4, M-5, M-6, M-7, and proposed monitor well M-8 for the disposal of domestic effluent receiving a minimum of secondary treatment with high level disinfection in accordance with Federal Regulations and Chapter 62-528 F.A.C. from the Northeast Water Reclamation Facility (WRF). The injection wells may also receive reuse water from the City's Master Reuse distribution system that is connected to the City's Southwest, Northwest, and Northeast WRFs. The maximum injection rate for each injection well (IW-1, IW-2, and IW-3) shall be 9,028 gallons per minute (gpm) and the maximum injection volume for each well shall be 13 million gallons per day. Injection wells IW-1, IW-2, and IW-3 are constructed with a 20-inch diameter casing set to 725, 725, and 726 feet below land surface (bls) respectively, and total depths of 1,000 feet bls each. Monitor wells M-4, M-5, M-6, and M-7 are completed in the Tampa Member of the Arcadia Formation from 150 to 260 feet bls. Monitor well M-3 is completed in the Upper Floridan aquifer in the Suwannee Limestone at 420 feet bls. Monitor well M-2 is completed in the Upper Floridan aquifer in the Ocala Limestone at 612 feet bls. Proposed injection well IW-4 and associated monitoring well M-8 are authorized under permit number 034361-009-UC/1M to increase the peak flow capacity and add redundancy. Monitor well M-8 will monitor the Upper Floridan aquifer in the Tampa Member of the Arcadia Formation between the depths of 200 to 225 feet bls.
The Department has permitting jurisdiction under Chapter 403 of the Florida Statutes (F.S.) and the rules adopted thereunder. The project is not exempt from permitting procedures. The Department has determined that an Underground Injection Control permit is required for the proposed work.
The Department 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 Department. 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 Department'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, Florida Administrative Code (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 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 that 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 General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at [email protected] 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
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of receipt of this written notice. 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 Department's action may also request an extension of time to file a petition for an administrative hearing. The Department 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 General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at [email protected], 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.
The files associated with this order are available for public inspection during normal business hours, 8 a.m. to 5 p.m., Monday through Friday, except state holidays, at the Department of Environmental Protection, Southwest District, 13051 N. Telecom Parkway, Suite 101 Temple Terrace, Florida 33637-0926, and at the Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
June 23, 2023 23-02808N