STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

NOTICE OF INTENT TO ISSUE A PERMIT MODIFICATION

The Department of Environmental Protection hereby provides Notice of Intent to issue a permit modification for the proposed project as detailed in the application specified above, for these reasons:

The applicant, Lee County Utilities, Ms. Pamela Keyes, Director, 1500 Monroe Street, Third Floor, Fort Myers, Florida 33901 applied on October 5, 2011 to the Department of Environmental Protection for a permit to modify the operation of one, (1), Class I injection well, (IW-1), and a monitoring well system.  The project is located at the North Lee County Water Treatment Facility, 18250 Durrance Road, North Fort Myers, Florida, 33917 in the County of Lee (File No. 193717-043-UO/1I).  The purpose of the facility is to inject non-hazardous reverse osmosis concentrate from the North Lee County Water Treatment Facility, to the existing IW-1 injection well.

The Department has permitting jurisdiction under chapter 403 of the Florida Statutes, and Chapters 62‑4, 62‑520, 62-528, 62-550, and 62-660 of the Florida Administrative Code.  The project is not exempt from permitting procedures.  The Department has determined that an operation permit modification is required for the proposed work.  The work proposed is described below.

MODIFICATION

1.    FROM:

Operate one, (1), nominal, thirteen-inch,  (13.375”) outside diameter, (O.D.), FRP tubing and packer Class I injection well (IW-1), with cemented twenty-inch, (20”) steel injection casing to 2580 feet below land surface (bls) and a total depth of 2950 feet bls.  Injection is into the Oldsmar Formation for the primary means of disposal of non-hazardous, reverse osmosis concentrate from the North Lee County Reverse Osmosis Water Treatment Plant (NLC ROWTP) for a maximum disposal of 3509 gallons per minute, (gpm), or 5.05 million gallons per day (MGD).  The maximum injection pressure shall not exceed 103 pounds per square inch, (psi).

1.    TO:

Operate one, (1), nominal, thirteen-inch, (13.375”) outside diameter, (O.D.), FRP fully cemented annulus Class I injection well (IW-1), with cemented twenty-inch, (20”) steel injection casing to 2580 feet below land surface (bls) and a total depth of 2950 feet bls.  Injection is into the Oldsmar Formation for the primary means of disposal of non-hazardous, reverse osmosis concentrate from the North Lee County Reverse Osmosis Water Treatment Plant (NLC ROWTP) for a maximum disposal of 3509 gallons per minute, (gpm), or 5.05 million gallons per day (MGD).  The maximum injection pressure shall not exceed 103 pounds per square inch, (psi). The permittee is authorized by this permit modification to retrofit the existing injection tubing and packer assembly in the Class I Injection Well, IW-1, by replacement with a fully cemented annulus and removal of the annular pressure equipment and monitoring provisions.

            The Department will issue the permit unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57, F.S.  Mediation is not available for this proceeding.

            A person whose substantial interests are affected by the Department's proposed permitting decision may petition for an administrative proceeding (hearing) in accordance with Sections 120.569 and 120.57, F.S.  The petition must conform to the requirements specified in the Notice and be filed (received) within 14 days of publication of the Notice in the Department’s Office of General Counsel, MS 35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000.  The failure of any person 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 of the Florida Statutes, or to intervene in this proceeding and participate as a party to it.  Any subsequent intervention (in a proceeding initiated by another party) will only be at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the Florida Administrative Code.

        The Petition shall contain the following information:

1. The name, address, and telephone number of each petitioner, the applicant's name and address, the Department Permit File Number and the county in which the project is proposed;

2. A statement of how and when each petitioner received notice of the Department's action or proposed action;

3. A statement of how each petitioner's substantial interests are affected by the Department's action or proposed action;

4. A statement of the material facts disputed by Petitioner, if any;

5. A statement of facts which petitioner contends warrants reversal or modification of the Department's action or proposed action;

6. A statement of which rules or statutes petitioner contends require reversal or modification of the Department's action or proposed action; and

7. A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with respect to the Department's action or proposed action.

            If a petition is filed, the administrative hearing process is designed to formulate agency action.  Accordingly, the Department's final action may be different from the position taken by it in this intent.  Persons whose substantial interests will be affected by any decision of the Department with regard to the application have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above.

             The application, draft permit, and fact sheet 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 of Environmental Protection, South District Office, located at 2295 Victoria Ave., Suite 364, Fort Myers, Florida 33901.  Any additional information concerning this project may be obtained by contacting David Rhodes, P.G. at (239) 344-5687.

LCU Ad No. 84