Classification: Notice of Action Date: 04/02/2015

NOTICE OF ACTION
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF INTENT
The Department of Environmental Protection provides Notice of Intent to Issue a permit for Lee County Utilities, Ms. Pamela Keyes, Director, 1500 Monroe Street, 3rd Floor, Fort Myers, Florida 33901, who applied on November 5, 2014, for a permit to operate a Class I injection well system. The project is located at the Three Oaks Wastewater Treatment Plant (WWTP), 18521 Three Oaks Parkway, Fort Myers, Florida 33912 in the county of Lee. (File No. 0330573-001-UO/1X, FDEP WACS No. 94248)
To operate one non-hazardous Class I injection well, (IW-1), with twenty-inch (20"), diameter steel casing to approximately 2,100 feet below land surface (bls), and a fourteen and one-half inches (14.5") FRP Tubing to approximately 2,100 feet bls. Total depth is approximately 3,015 feet bls. The injection well is to be used for the disposal of secondary treated domestic effluent from the Three Oaks WWTP, membrane softening concentrate from the Pinewoods Water Treatment Plant (WTP), and back-up disposal of reverse osmosis concentrate from the Pinewoods Reverse Osmosis Water Treatment Plant (ROWTP). The maximum capacity for the well is 7.4 million gallons per day (MGD) or maximum injection rate of 5139 gallons per minute (gpm). The dual zone monitor well (DZMW) is completed from approximately 1150 to 1204 feet bls (upper zone) and 1455 to 1535 feet bls (lower zone).
The Department has permitting jurisdiction under Chapter 403 of the Florida Statutes and the rules adopted thereunder. The project is not exempt from permitting procedures. The Department has determined that an operation permit is required for the proposed work.
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, agency_clerk@dep.state.fl.us. 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:
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 fact. 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 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, 2295 Victoria Avenue, Suite 364, Fort Myers, Florida 33901, and at the Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. Any additional information concerning this project may be obtained by contacting Neil Campbell, Engineering Specialist at 850.245.8612.
LCU Ad No. 101
No. 1499109
April 2, 2015