STATE OF FLORIDA DEPARTMENT OF
NOTICE OF PROPOSED AGENCY
The Department of Environmental Protection gives Notice of its Intent to modify an operation permit and issue a solid waste construction permit for the Cell 4 Class I Expansion to Mr. Scott Harper Solid Waste Services Manager, Hernando County Solid Waste & Recycling Division. The permits are to construct and operate the Cell 4 Class I Expansion, a 29.9-acre lateral expansion of the Hernando Northwest Class I Landfill. The maximum permitted height of the Class I landfill has been increased from 185 feet NGVD to 264 feet NGVD. The Department has assigned File Numbers 22755-031-SO-01 and 22755-032-SC-01 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, 2600 Blair Stone Road, Tallahassee, Florida 32317, phone 850-245-8707. Documents are also available at the following link: http://approd.dep.state.fl.us/WWW_WACS/REPORTS/SW_Facility_Docs.asp?wacsid=40722.
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. 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 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 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 Department’s action is based must contain the following information:
(a.) The name, address, and telephone number of each petitioner, the applicant’s name and address, the Department File Number and the county in which the project is proposed;
(b.) A statement of how and when each petitioner received notice of the Department’s action or proposed action
(c.) A statement of how each petitioner’s substantial interests are affected by the Department’s action or proposed action
(d.) A statement of all material facts disputed by petitioner of a statement that there are no disputed facts;
(e.) A statement of facts which the petitioner contends warrant reversal or modification of the Department’s action or proposed action;
(f.) A statement of which rules or statutes the petitioner contends require reversal or modification of the Department’s action or proposed action; and
(g.) 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 Department’s 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 Department’s 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.
Published: December 23, 2022