STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF INTENT TO ISSUE PERMIT

The Department of Environmental Protection gives notice of its intent to issue a permit to Clay
County Utility Authority, Jeremy D Johnston, 3176 Old Jennings Road, Middleburg, Florida 32068
to operate Miller WWTF, which is an existing 5.0 million gallons per day (MGD) annual average daily flow
(AADF) design capacity oxidation ditch activated sludge wastewater treatment facility (WWTF) consisting of
four rotary wedgewire screens, one grit chamber, two surge tanks, two 2.0-MG oxidation ditches, four
clarifiers, two traveling bridge sand filters, two chlorine contact chambers, one 2.2 MG ground storage tank, a
Biochem Neutralizer System, a vacuum truck dumping station, and Lakeside septage acceptance plant to
accept septic waste from outside of the facility. The permitted capacity of the facility is limited to 2.99 MGD
AADF per the request of the permittee. The treated effluent is reused via slow-rate public access land
application system or discharged to St. Johns River (WBID 2213G). The biosolids generated by this facility
may be land applied, distributed and marketed, transferred to a permitted biosolids management facility, or
disposed in a Class I solid waste landfill. The facility is located at latitude 30° 10' 41" N, longitude 81° 42'
44" W, on 1601 Bartlett Avenue, Orange Park, Florida 32073 in Clay County. The Department has
assigned permit file number FL0025151-025-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:
(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 Department'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 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
Mediation is not available in this proceeding.
Legal 117221 Published 7/25/2024 in Clay County's Clay Today newspaper