STATE OF FLORIDA
DEPARTMENT OF ENVIORNMENTAL PROTECTION
NOTICE OF INTENT TO GRANT WATER QUALITY CRITERIA EXEMPTION

The Department of Environmental Protection (Department) gives notice of its intent to grant a water quality criteria exemption under Rule 62-520.500, Florida Administrative Code, (F.A.C.). The file has been assigned OGC file number 26-1774. The water quality criteria exemption would establish alternative compliance levels for sodium from the standards established in Chapter 62-520, F.A.C., for the permitted discharge of treated industrial wastewater to Class G-II ground water from Duke Energy of Florida Anclote Power Plant (Petitioner) located at 1729 Baillies Bluff Road, Holiday, Pasco County, Florida. The Petitioner, Duke Energy of Florida, has demonstrated they are entitled to the exemption under Rule 62-520.500, F.A.C. A copy of the Notice of Intent may be obtained by contacting: Sydney Cummings, of the Department’s Source and Drinking Water Program, located at 2600 Blair Stone Road, Tallahassee, Florida 32312, at 850-245-8633 or Sydney.Cummings@FloridaDEP.gov during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays.

A person whose substantial interests are affected by the Department’s intended action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-106.201, 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; A statement of when and how the petitioner received notice of the agency decision; (c) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (d) 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; (e) 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 (f) 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 Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.

In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing must be filed within 14 days of publication of this notice or receipt of written notice, whichever occurs first. However, any person who has previously asked the Department for notice of this agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication. 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. Because the administrative hearing process is designed to formulate final agency action, this process may result in a modification of the agency action or even a denial of the request for the exemption.

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, before the applicable 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 is not available in this proceeding.
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