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HomeMy WebLinkAboutPermit Revisionwww.dep.state.fl.us Sent via email to: j.ratliff@cityofcapecanaveral.org City of Cape Canaveral 601 Thurm Blvd. Cape Canaveral, FL 32920 ATTENTION Mr. Jeff Ratliff Public Works Director Brevard County - DW Cape Canaveral WWTF File No. FL0020541-008-DW1 Permit Revision Dear Mr. Ratliff: The Department is in receipt of your request to revise the conditions of the permit referenced above. The revision authorizes the following renovations as shown in the submitted plans and design materials: 1. This project consists of the rehabilitation of the existing oxidation ditch, a temporary carbon feed and storage system for the interim period. Work is scheduled to take approximately 3-6 months. 2. The interim measures to maintain compliance will include installation of micro-diffusers in the equalization basin to serve as a temporary aeration bay for this period. The Department shall be notified upon completion of this work. 3. This permit does not cover any of the structural engineering aspects of this project. This letter must be attached to Wastewater Permit No. FL0020541 and becomes a part of and subject to all conditions of that permit. The Department’s proposed agency action shall become final unless a timely petition for an administrative hearing is filed under sections 120.569 and 120.57 of the Florida Statutes before the deadline for filing a petition. The procedures for petitioning for a hearing are set forth below. A person whose substantial interests are affected by the Department’s proposed permitting decision may petition for an administrative proceeding (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 by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Petitions by the applicant or any of the parties listed below must be filed within fourteen days of receipt of this written notice. 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 fourteen days of publication of the notice or within fourteen days of receipt of the written notice, whichever occurs first. Under section 120.60(3) of the Florida Statutes, however, any person who has asked the Department for notice of agency action may file a petition within fourteen days of receipt of such notice, regardless of the date of publication. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Central District 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767 RICK SCOTT GOVERNOR HERSCHEL T. VINYARD JR. SECRETARY 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. 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 name, address, and telephone number of the petitioner’s representative, if any; the Department permit identification number and the county in which the subject matter or activity is located; (b) A statement of how and when each petitioner received notice of the Department action; (c) A statement of how each petitioner's substantial interests are affected by the Department action; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A statement of facts that the petitioner contends warrant reversal or modification of the Department action; (f) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wants the Department to take. 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. 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. Mediation under section 120.573 of the Florida Statutes is not available for this proceeding. This action is final and effective on the date filed with the Clerk of the Department unless a petition is filed in accordance with the above. Upon the timely filing of a petition this order will not be effective until further order of the Department. Any party to the order has the right to seek judicial review of the order under section 120.68 of the Florida Statutes, by the filing of a notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, Mail Station 35, 3900 Commonwealth Boulevard, Tallahassee, Florida, 32399-3000; and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the final order is filed with the Clerk of the Department. Executed in Orlando, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Christianne C. Ferraro, P.E. Administrator Water Permitting Program 3319 Maguire Boulevard, Suite 232 Orlando, FL 32803-3767 Phone: (407)897-4100 Date: December 31, 2013 FILING AND ACKNOWLEDGMENT Filed, on this date, pursuant to Section 120.52, F.S., with the designated Department Clerk, receipt of which is hereby acknowledged. December 31, 2013 Clerk Date CCF/crl/ee/cs/ply cc: David Smicherko CAP DEP (via email) Tom Powers CAP DEP (via email) Rasesh Shah, P. E. (via email: rasesh.shah@tetratech.com) CERTIFICATE OF SERVICE This is to certify that this PERMIT REVISION and all copies were mailed before the close of business on December 31, 2013 to the listed persons by .