STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
The Department of Environmental Protection gives notice of its intent to issue a permit to Florida Army National Guard - Camp Blanding, Stephen M Stroud, 5629 SR 16 West, Building # 2300, Starke, Florida 32091 to operate the Camp Blanding JTC WWTF, which is an existing 0.900 MGD AADF permitted capacity sequencing batch reactor (SBR) domestic wastewater treatment facility discharging treated effluent to the South Fork of Black Creek (Class III Fresh Waters, WBID 2415E). Nutrient mass load limitations are added to the permit in accordance with the Lower St. Johns River Basin Management Action Plan (LSJR BMAP) establishing total maximum daily loads (TMDL) for Total Nitrogen (TN) and Total Phosphorus (TP) in nutrient impaired segments of the St. Johns River. The facility is located at latitude 29o 56' 59.8213"N, longitude 81o 57' 42.0823" W at 5629 State Road 16 West, #5448, Starke, Florida 32091 in Clay County. The Department has assigned permit file number FL0022853-009-DW1P 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 Department's Northeast District Office, 8800 Baymeadows Way West, Suite 100, Jacksonville, Florida 32256-7577, at phone number (904)256-1700.
NOTICE OF RIGHTS
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, F.A.C., a petition for an administrative hearing must contain the following information:
The name and address of each agency affected and each agency's file or identification number, if known;
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 Department's agency decision;
A statement of all disputed issues of material fact. If there are none, the petition must so indicate;
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;
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
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@FloridaDEP.gov. 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 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 Agency_Clerk@FloridaDEP.gov, 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 is not available in this proceeding.
Legal 42744 Published 11/3/2022 and 11/10/2022 in Clay County's Clay Today newspaper