HomeMy WebLinkAbout12-09-2009 FL DEP permit renew I
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION D EC 1 4 2009
In the Matter of an 0-'1,, a t wec/0/.0,i
Application for a Permit by:
Cape Canaveral Air Force Station DEP File No.: 0070725 -H0-005
45 CES /CEAN Brevard County
1224 Jupiter Street, MS 9125
Patrick AFB, FL 32925 -3343
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INTENT TO ISSUE
The Florida Department of Environmental Protection ( "the Department ") gives notice of its
intent to issue a permit renewal (copy enclosed) for the proposed project as detailed in the
application specified above, for the reasons stated below.
On August 12, 2009, the applicant, Cape Canaveral Air Force Station, applied to the Department
for a permit renewal to operate container storage and thermal treatment units, and to continue
site -wide corrective action at the Cape Canaveral Air Force Station in Brevard County, Florida.
The Department has permitting jurisdiction under Section 403.722, Florida Statutes (F.S.) and
Florida Administrative Code (F.A.C.) Chapters 62 -4 and 62 -730. The project is not exempt from
permitting procedures. The Department has determined that an operating /corrective action
permit is required for the proposed work. The Department intends to issue the permit renewal
with the conditions included in the enclosed draft.
Pursuant to Sections 403.722 and 403.815, F.S. and Rule 62- 730.292, F.A.C., you (the applicant)
are required to publish at your own expense the enclosed Newspaper Notice, and to broadcast
over a local radio station the enclosed Radio Announcement. The notice shall be published one
time only within 30 days of receipt of the Intent in the legal ad section of a daily, major
newspaper of general circulation in the area affected. The newspaper must contain at least 25
percent of its words in the English language, be for sale to the public generally, be available to
the public generally for the publication of official or other notices and customarily contain
information of a public character or of interest or of value to the public. The newspaper must
have been in existence for one year, unless no such newspaper exists in the affected area (See
Sections 50.011 and 50.031, F.S.). Where there is more than one daily newspaper of general
circulation in the county, the newspaper used must be one with significant circulation in the area
that may be affected by the permit. If you are uncertain that a newspaper meets these
requirements, please contact the Office of General Counsel of the Department at (850) 245 -2242.
The applicant shall provide proof of publication to the Department of Environmental Protection
at 2600 Blair Stone Road, Mail Station #4560, Tallahassee, Florida 32399 -2400; Attention:
Administrator, Hazardous Waste Regulation Section, within 14 days of publication. Failure to
publish the notice and provide proof of publication within the allotted time may result in the
denial of the permit.
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The Radio Announcement shall be broadcast one time only within 30 days on a licensed
commercial radio station of sufficient power to be clearly received in the area that may be
affected by the permit. Broadcast of the notice shall occur between 8:00 a.m. and 10:00 p.m.
The applicant shall provide proof of broadcast to the Department of Environmental Protection,
2600 Blair Stone Road, Mail Station #4560, Tallahassee, Florida 32399 -2400; Attention:
Administrator, Hazardous Waste Regulation Section, within 14 days of the broadcast. Failure to
broadcast the announcement and provide proof of the broadcast within the allotted time may
result in the denial of the permit.
The Department will issue the permit with the attached conditions unless a timely petition for an
administrative hearing is filed under Sections 120.569 and 120.57, F.S., or all parties reach a
written agreement on mediation as an alternative remedy under Section 120.573, F.S., before the
deadline for filing a petition. The procedures for petitioning for a hearing are set forth in the
enclosed Newspaper Notice. The administrative rights explained in the enclosed Newspaper
Notice apply to you, as applicant and Permittee. Your 45 -day period for requesting an
administrative hearing begins on the date you receive this Intent.
Mediation is not available in this proceeding.
If you should have any questions please call Merlin Russell at (850) 245 -8796.
Executed in Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
I 001 41041169
Charles F. Goddard, Chief
Bureau of Solid & Hazardous Waste
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section120.52(7), F.S., with the duly designated
Deputy Clerk, receipt of which is hereby acknowledged.
Lf, 1. f December 9, 2009
De i qty Clerk Date
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cc w /enclosure:
John Armstrong, DEP Tallahassee. John.Armstrong(a,dep.state.fl.us
Karen Knight, EPA/Region 4, Knight.KarenC epamail.epa.gov
Lu Burson, DEP /Orlando, Lu.Burson(a,dep.state.fl.us
Heath Rauschenberger, U.S. Fish & Wildlife Service, heath rauschenberger(a fws.gov
Mary Ann Poole, Florida Fish and Wildlife Conservation Commission,
maryann.poole(aimyfwc.com
Mayor Rocky Randels, Mayor /Cape Canaveral, rocky- cape(a�cfl.rr.com
Commissioner Chuck Nelson, Brevard County, chuck.nelson @brevardcounty.us
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Newspaper Notice:
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF INTENT TO ISSUE
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) GIVES
NOTICE OF ITS INTENT TO ISSUE A PERMIT UNDER SECTION 403.722, FLORIDA
STATUTES (F.S.), AND CHAPTERS 62-4 AND 62 -730, FLORIDA ADMINISTRATIVE
CODE (F.A.C.) TO CAPE CANAVERAL AIR FORCE STATION. The permit relates to the
Cape Canaveral Air Force Station in Brevard County, Florida, facility I.D. number
FL2800016121 and is issued as part of FDEP's hazardous waste management program,
authorized pursuant to the Resource Conservation and Recovery Act and the Hazardous and
Solid Waste Amendments (RCRA/HSWA).
The draft permit contains the conditions for Operating /Corrective Action permit 0070725 -HO-
005. The permit is for the purpose of operating container storage units and thermal treatment
units, and to continue site -wide corrective action at the Cape Canaveral Air Force Station in
Brevard County, Florida.
Copies of the application and the draft permit 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 FDEP,
Orlando District Office, Suite 232, 3319 Maguire Parkway, Orlando, Florida 32803, (407) 894-
7555, and at Division of Waste Management, Bureau of Solid & Hazardous Waste (BSHW), Bob
Martinez Center, 2600 Blair Stone Road, Tallahassee, Florida 32399 -2400, (850) 245 -8796.
Copies of the Corrective Action documents can be found at the Bureau of Waste Cleanup,
Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-
2400. Electronic copies of the application and draft permit can be accessed in the Department's
OCULUS data system at http: // dwmedms. dep .state.fl.us /Oculus /servlet/login
A person whose substantial interests are or will be affected by the Intent to Issue may petition for
an administrative determination (hearing) under Sections 120.569 and 120.57, F.S. The petition
must contain the information set forth below and must be filed (received) in FDEP's Office of
General Counsel, Agency Clerk, 3900 Commonwealth Boulevard, Mail Station #35, Tallahassee,
Florida 32399 -3000. Petitions filed by the permit applicant and any parties entitled to written
notice under Section 120.60(3), F.S. must be filed within 45 days of receipt of the Intent.
Petitions filed by any other persons must be filed within 45 days of publication of this notice or
receipt of the Intent, whichever occurs first. A 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 this time period shall constitute a waiver of that person's right to request a
hearing under Sections 120.569 and 120.57, F.S. 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.
A petition that disputes the material facts on which FDEP's action is based must contain the
following information:
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(a) The name, address, and telephone number of each petitioner, the applicant's name and
address, the FDEP Permit File Number and the county in which the project is proposed; (b) A
statement of how and when each petitioner received notice of FDEP's proposed action; (c) A
statement of how each petitioner's substantial interests are affected by FDEP's proposed action;
(d) A statement of all material facts disputed by petitioner, or a statement that there are no
disputed facts; (e) A statement of facts which petitioner contends warrant reversal or
modification of FDEP's proposed action; (f) A statement of which rules or statutes the petitioner
contends require reversal or modification of FDEP's proposed action; and (g) A statement of the
relief sought by petitioner, stating precisely the action petitioner wants FDEP to take with respect
to the proposed action.
A petition that does not dispute the material facts on which FDEP'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, F.A.C.
Because the administrative hearing process is designed to formulate final agency action, the
filing of a petition means that FDEP'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
FDEP have the right to petition to become a party to the proceeding, in accordance with the
requirements set forth above.
Any person may request a public meeting regarding the proposed permitting decision pursuant to
Section 403.722(10), F.S. A request for a public meeting is not equivalent to a request for a
formal or informal administrative hearing. Public meetings are not evidentiary in nature, and
information submitted at a public meeting is for non - binding consideration only. A public
meeting is not subject to court or appellate review. A request for a public meeting must be filed
(received) in the Office of General Counsel, Agency Clerk, within 45 days of publication of this
notice. Failure to file a request for a public meeting within this time period shall constitute a
waiver of any right such a person may have to request a meeting under Section 403.722(10), F.S.
Mediation is not available in this proceeding.
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