62-560.510: Drinking Water Variance Request
The Department of Environmental Protection gives notice that it intends to grant a variance request from the City of North Port, received on February 13, 2007, for its public water system located near the intersection of U.S. Highway 41 and
A person whose substantial interests are affected by the Department’s action may petition for an administrative hearing under Sections 120.569 and 120.57, 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 Blvd., Mail Station 35, Tallahassee, Florida 32399-3000, within 30 days of this notice.
Mediation is not available.
If a timely and sufficient petition for administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to intervene in the proceeding. Intervention will be permitted only at the discretion of the presiding officer upon filing of a motion in compliance with Rule 28-106.205, F.A.C.
In accordance with subsections 28-106.111(2), F.A.C., and paragraph 62-110.106(3)(a) and subsection (4), F.A.C., petitions for an administrative hearing must be filed within 30 days of publication of the notice or receipt of written notice, whichever occurs first. Under subsection 62-110.106(4), Florida Administrative Code, a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for 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
The petitioner shall mail a copy of the petition to the applicant, City of
The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute waiver of that right.
A petition that disputes the material facts on which the Department’s action is based 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, 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 are or will be affected by the agency action; c) a statement of when and how the petitioner received notice of the agency decision; d) a concise 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 the petitioner contends require reversal or modification of the agency’s proposed action; f) a statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action; 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.
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 set forth above, as required by Rule 28-106.301, F.A.C.
Under Sections 120.569(2)(c) and (d), Florida Statutes, a petition for administrative hearing shall be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. Complete copies of all documents relating to this determination are available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, at Department of Environmental Protection, Southwest District,