Variance granted for construction of a UIC well near water supply wells.

STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF ORDER GRANTING [VARIANCE OR WAIVER]
The Department of Environmental Protection gives notice of its determination pursuant to section 120.542, Florida Statutes, in Case No. 25-0102 to grant a variance to Bonita Springs Utilities, Inc. from Rule 62-521.400(1)(f), Florida Administrative Code (F.A.C.), in order to construct a Class I Underground Injection Control (UIC) well, as regulated in Chapter 62-528, F.A.C., within a five hundred (500) foot radial setback distance around two water supply wells at the Bonita Springs Utilities Reverse Osmosis Water Treatment Plant, 11900 East Terry Street, Bonita Springs, Florida 34135, in Section 36, Township 47 South, Range 25 East in Lee County, at latitude 26 20' 35.26 N and longitude 81 45' 17.49 W.
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 Rule 28-106.201, 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, and telephone number of the petitioner; 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 are or 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. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.
In accordance with rule 62-110.106(3) of the Florida Administrative Code, petitions for an administrative hearing must be filed within 21 days of publication of this notice or receipt of written notice, whichever occurs first. However, any person who has previously asked the Department for notice of this agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to file a petition withinthe 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.
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, before the applicable 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 is not available in this proceeding.
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, this process may result in a modification of the agency action or even a denial of the request for a variance or waiver.
A copy of the Order may be obtained by contacting: James Dodson, Department of Environmental Protection, MS 3530, 2600 Blair Stone Road, Florida 32399-2400; telephone 850-245-8653; James.Dodson@FloridaDEP.gov during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holida
3/28/2026