Notice of intent to issue a permit for an aquifer storage and recovery project.

State of Florida
Department of Environmental Protection
Notice of Intent
The Department of Environmental Protection hereby provides Notice of Intent to Issue a permit for the proposed project, as detailed in the application, subject to the conditions specified in the draft permit and summarized below. The applicant, Lee County Board of County Commissioners, Talya Bickle, Utilities Interim Director, 1500 Monroe Street, Fort Myers, Florida 33901-5500 applied on January 29, 2026, for a construction permit for a Class V asr injection well system. The project is located at Olga Water Treatment Plant Aquifer Storage and Recovery, 1450 Werner Road, Alva, Florida 33920, in Lee County (File 0329721-005-006-UC/5SR, WACS ID 91581).
The permittee will maintain two non-hazardous Class V, Group 7, Aquifer Storage and Recovery (ASR) injection wells (ASR-1 and ASR-5) and associated monitor wells (OW-1 and OW-3). This permit does not authorize any ASR testing. The preventive maintenance allowed under the permit includes maintaining the integrity of the system, such as operating valves. ASR-1 is constructed with a 17.4-inch diameter PVC casing set to 859 feet below land surface (bls) with a total depth of 920 feet bls. ASR-5 is constructed with a 17.4-inch diameter PVC casing set to 864 feet bls with a total depth of 925 feet bls. Monitor well OW-1 is completed in the Suwannee Limestone from 850 to 895 feet bls. Monitor well OW-3 is completed in the Suwannee Limestone from 864 to 945 feet bls.
The Department has permitting jurisdiction under Chapter 403 of the Florida Statutes (F.S.) and the rules adopted thereunder. The project is not exempt from permitting procedures. The Department has determined that an Underground Injection Control permit is required for the proposed work.
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, Florida Administrative Code (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 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, or via electronic correspondence at Agency_Clerk@FloridaDEP.gov 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
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of receipt of this written notice. 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 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. 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.
Permit Documents
The files associated with this order are available for public inspection during normal business hours, 8 a.m. to 5 p.m., Monday through Friday, except state holidays, at the Department of Environmental Protection, South District, 2295 Victoria Avenue, Suite 364 Ft. Myers, Florida 33901-3875, and at the Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
Department Contact
Additional information concerning this project may be obtained by contacting James Dodson, Professional Geologist II, at 850-245-8653.
No.12276070                                           April 28, 2026