Notice of proposed solid waste closure permit for Polk County Landfill.

STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF PROPOSED AGENCY ACTION

The Department of Environmental Protection gives Notice of its Intent to issue a solid waste closure permit to Polk County Solid Waste Division, 10 Environmental Loop, Winter Haven, FL 33880. This permit is for reclosure of the eastern 11.8 acres of the 21.8 acre unlined Class I Landfill. The Department has assigned File Number(s) 36070-011-SF/08 to this project.

The Department's file on this matter is 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, Solid Waste Section, 13051 N Telecom Parkway, Temple Terrace, Florida 33637, phone 813-470-5700. Documents are also available at the following link: http://appprod.dep.
state.fl.us/WWW_WACS/REPORTS/SW_Facility_Docs.asp?wacsid=
49723.

A person whose substantial interests are affected by the above proposed agency action may petition for an administrative determination (hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received) in the Department's Office of General Counsel, Marjory Stoneman Douglas Building, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000 or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Petitions filed by any persons other than those entitled to written notice under section 120.60(3) of the Florida Statutes must be filed within 14 days of publication of this notice or receipt of the written notice, whichever occurs first. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person 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 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 be only 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.

A petition that disputes the material facts on which the Departments action is based must contain the following information:
(a.) The applicant's name and address, the Department File Number and the county in which the project is proposed;
(b.) The name, address, e-mail address, facsimile number, and telephone number of each 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 how and when each petitioner received notice of the Department's action or proposed action;
(d.) A statement of how each petitioner's substantial interests are or will be affected by the Department's action or proposed action;
(e.) A statement of all material facts disputed by petitioner or a statement that there are no disputed material facts;
(f.) A statement of the ultimate facts alleged, including a statement of the specific facts which the petitioner contends warrant reversal or modification of the Department's action or proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes;
(g.) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the Department's action or proposed action; and
(h.) A statement of the relief sought by the petitioner, stating precisely the action the petitioner wants the Department to take with respect to the Department's action or proposed action.

A petition that does not dispute the material facts on which the Departments action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule 28-106.301 of the Florida Administrative Code.

Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Departments final action may be different from the position taken by it in this notice. Persons whose substantial interests will be affected by any such final decision of the Department have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above

In accordance with Section 120.573, F.S., the Department advises that mediation is not available in this case as an alternative to filing a petition for an administrative determination.

Public participation is solicited without regard to race, color, religion, sex, pregnancy, national origin, age, handicap or marital status. Persons who require special accommodations under the Americans with Disabilities Act (ADA) or persons who require translation services (free of charge) are asked to contact Stacie Taylor at 850-245-2118 or LEP@FloridaDEP.gov. If you have a hearing or speech impairment, please contact the agency using the Florida Relay Service, 800- 955-8771 (TDD) or 800-955-8770 (voice).
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