PUBLIC NOTICE

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF CONSENT ORDER

The Department of Environmental Protection ("Department") gives notice of agency action of entering into a Consent  Order  with CLAY COUNTY DISTRICT SCHOOLS pursuant to section 120.57(4), Florida Statutes. The Consent  Order  addresses the effluent limit violations at McRae Elementary School.  The Consent  Order  is available for public inspection during normal business hours, 8:00a.m. to 5:00p.m., Monday through Friday, except legal holidays, at the Department of Environmental Protection, Florida Department of Environmental Protection, Northeast District Office, 8800 Baymeadows Way West, Suite 100, Jacksonville, FL 32256.

Persons  who are not parties  to this Consent Order, but whose  substantial interests are affected by it, have a right to petition for an administrative hearing under sections 120.569 and 120.57, Florida Statutes. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition concerning this Consent  Order  means  that the Department's final action may be different from  the position  it has taken in the Consent  Order.

The petition for administrative hearing must contain  all of 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   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

The petition must be filed  (received) at the Department1 s Office of General Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida  32399-3000 or received  via electronic correspondence at  Agency  Clerk@floridadep.gov, within  21 days of receipt of this notice.  A copy of the petition  must  also be mailed  at the time of filing to the District Office at Florida  Department of Environmental Protection, Northeast District Office, 8800 Baymeadows Way West, Suite 100, Jacksonville, FL 32256.

Failure to file a petition within the 21-day period constitutes a person's waiver of the right to request an administrative hearing and to participate as a party  to this proceeding under  sections 120.569 and 120.57, Florida Statutes. Before the deadline for filing a petition,  a person  whose  substantial interests are affected by this Consent  Order may choose to pursue mediation as an alternative remedy under section 120.573, Florida Statutes. Choosing mediation will not adversely affect such person's right  to request an administrative hearing if mediation does not result in a settlement. Additional information about mediation is provided in section 120.573, Florida Statutes and  Rule 62-110.106(12), Florida  Administrative Code.

Legal 35780 Published June 16, 2022 in Clay County's Clay Today Newspaper