STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF INTENT TO ISSUE PERMIT

STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF INTENT TO ISSUE PERMIT
The Department of Environmental Protection gives notice of its intent to issue
a permit renewal to Cemex Construction Materials Florida, LLC, Robin Simons,
Environmental Manager, 10311 Cement Plant Road, Brooksville, Florida 34601
to operate an existing 0.006 mgd domestic wastewater treatment facility which
land applies 0.006 mgd of reclaimed water to an industrial reuse system located
in the Chassahowitzka-Homosassa Springs. This permit is accompanied by an
Administrative Order (AO-024SWD20) to land apply reclaimed water within the
Homosassa and Chassahowitzka Springs watershed for a period necessary
to evaluate the facility’s total nitrogen effluent concentration, make necessary
modification in the treatment process and place into operation a modified
wastewater treatment system that will limit the total nitrogen to an annual average
concentration of no more than 6.0 milligrams per liter (mg/L) in the reclaimed
water. The facility is located at latitude 28o 34′ 57.63″N, longitude 82o 25′ 27″ W on
10311A Cement Plant Rd., Brooksville, Florida 34601-8657 in Hernando County.
The Department has assigned permit file number FLA012042-004-DW4P/NR 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 Department’s Southwest District Office, 13051 N Telecom Pkwy, Suite 101, Temple Terrace, Florida 33637-0926, at phone number (813)470-
5700 or via electronic correspondence at PublicRecordsRequests_Regulatory@
dep.state.fl.us.
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 Department’s 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 agency’s 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
petitioner’s representative, if any, which shall be the address for service purposes
during the course of the proceeding; and an explanation of how the petitioner’s
substantial interests will be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the
Department’s 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 agency’s
proposed action;
(f) A statement of the specific rules or statutes the petitioner contends require
reversal or modification of the agency’s 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 agency’s
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 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 Department’s 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 [email protected], 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.
(08/21/2020)