News-Press, The
January 13, 2025
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 as detailed in the application, subject to the conditions specified in the draft permit and summarized below. The applicant, Lee County Board of County Commissioners, Rebecca Rodriguez, Public Utilities Operations Manager, 10500 Buckingham Road, Fort Myers, Florida 33905 applied on Sep 24, 2024, for a Class I injection well operation permit. The project is located at Lee/Hendry County Regional Solid Waste Disposal Facility, 5500 Church Road, Felda, Florida 33930, in Hendry County (File 0299459-006-UO/1I, WACS ID 98718).
The permittee will operate one non-hazardous Class I injection well, IW-1, and associated monitor well DZMW-1 for the disposal of non-hazardous leachate from the Lee/Hendry County Regional Solid Waste Disposal Facility (LHCRSWD), the Solid Waste Divisions Labelle and Clewiston Transfer Stations, wastewater generated from the LHCRSWD Compost Facilitys maintenance shop and landfill equipment wash area located in Felda, Florida and landfill leachate from the Gulf Coast Sanitary Landfill. The maximum injection rate for IW-1 shall be 916 gallons per minute and the maximum injection volume for IW-1 shall be 1.32 million gallons per day. The injection well is constructed with a 12.75-inch diameter steel casing set to 2,396 feet below land surface (bls), a 6.96-inch diameter fiberglass-reinforced plastic tubing set to 2,391 feet bls with a fluid-filled annulus, and total depth of 3,066 feet bls. Dual-zone monitor well DZMW-1 is completed in the Avon Park Formation from 1,813 to 1,868 feet bls and from 2,022 to 2,080 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 Departments 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 agencys 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 petitioners representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioners 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 agencys proposed action;
f. A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agencys 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 agencys 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 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 Departments 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.
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, South District, and at the Department of Environmental Protection, Aquifer Protection Program office in Tallahassee. Any additional information concerning this project may be obtained by contacting James Dodson, Professional Geologist II, at 850-245-8653.
No.10935220 January 13, 2025
Miscellaneous Notices