Permit application for wastewater treatment facility modifications in Marathon.

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF INTENT TO ISSUE PERMIT
The Department of Environmental Protection announces receipt of an application for permit from the City of Marathon to modify the Area 5 WWTP as follows: to authorize effluent disposal
to future Class I deep injection well at Marathon Area 6 WWTP, to construct a new 60,000- gallon above-ground vertical fiberglass effluent holding tank, to construct an effluent pumping station, and to reconfigure the existing Class V shallow injection wells by abandoning the existing three (3) wells and drilling two (2) new Class V shallow injection wells at the same permitted capacity. The City of Marathon Area 5 WWTP is a 0.450 mgd domestic wastewater treatment facility which land applies 0.060 mgd of reclaimed water to a slow-rate public access system that is currently inactive until Department approval; and inject 0.450 mgd of effluent to a Class V underground injection well which discharges to Class G-III groundwater. The proposed project is located at latitude 24o 43 43.5356 N, longitude 81o 2 23.6157 W on 506 106th Street Gulf, Marathon, Florida 33050 in Monroe County. The Department has assigned permit file number FLA187364-018-DW2P to the proposed project.
The intent to issue and application file 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 Departments Southeast District Office, 3301 Gun Club Road, , MSC 7210-1, West Palm Beach, Florida 33406-3007, at phone number (561)681-6600, or via Oculus link: https://depedms.dep.state.fl.us:443/Oculus/servlet/shell?command=getEntity&[guid=38.1456596
.1]&[profile=Permitting_Authorization.
NOTICE OF RIGHTS
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, 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 Departments 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 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. Also, 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
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.
04/0226 - KWC
420015   3986459