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, Charlotte County Board of County Commissioners, Richard L. Allen, Solid Waste Operations Manager, 25550 Harbor View Road, Unit 2, Port Charlotte, Florida 33980 applied on Aug 28, 2024, for a Class I injection well operation permit. The project is located at Zemel Road Landfill, 29751 Zemel Road, Punta Gorda, Florida 33955, in Charlotte County (File 0191077-005-UO/1I, WACS ID 93575).
The permittee will operate one non-hazardous Class I injection well, IW-1, and associated dual-zone monitor well MW-1 for the disposal of treated landfill leachate from the Zemel Road Landfill. The addition of powdered activated carbon to an activated sludge system (PACT System) is utilized at the site for leachate treatment prior to injection. The maximum injection rate for IW-1 shall be 320 gallons per minute and the maximum injection volume for IW-1 shall be 0.460 million gallons per day. The injection well is constructed with a 12-inch diameter steel casing set to 2,486 feet below land surface (bls), an 8-inch diameter fiberglass-reinforced plastic tubing set to 2,465 feet bls with a fluid-filled annulus, and total depth of 2,710 feet bls. The dual-zone monitor well, MW-1, is completed in the Floridan aquifer from 1,340 to 1,415 feet bls and from 1,795 to 1,830 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 persons 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.
Publish: 01/10/2
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