HomeMy WebLinkAbout1995 02 13 - DEP PermitLawton Chiles
Governor
CERTIFIED MAIL
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Department of
Environmental Protection
Central District
3319 Maguire Boulevard, Suite 232
Orlando, Florida 32803-3767
NOTICE OF PERMIT ISSUANCE
City of Sebastian
Post Office Box 127
Sebastian, FL 32958
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Attention: Joel Koford���
City Manager eC�y O
Indian River County - PW
Indian River County- - South R/O Plant---
Sebastian East of U.S. 1 (0.1475 MGD)
Dear Mr. Koford:
Virginia B. Wetherell
Secretary
Enclosed is Permit Number WD31-264072 to construct a water distribution
system extension issued pursuant to Section 403.861(9), Florida Statutes.
A person whose substantial interests are affected by this permit may
petition for an administrative proceeding (hearing) in accordance with Section
120.57, Florida Statutes. The petition must contain the information set forth
below and must be filed (received) in the Office of General Counsel of the
Department at 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, within 14
days of receipt of this Permit. Petitioner shall mail a copy of the petition to
the applicant at the address indicated above at the time of filing. Failure to
file a petition within this time period shall constitute a waiver of any right
such person may have to request an administrative determination (hearing) under
Section 120.57, Florida Statutes.
The petition shall contain the following information; (a) the name, address,
and telephone number of each petitioner, the applicant's name and address, the
Department permit file number and the county in which the project is proposed;
(b) a statement of how and when each petitioner received notice of the
Depart.ment'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 the material facts disputed by petitioner, if any;
(e) a statement of facts which petitioner contends warrant reversal or
modification of the Department's action or proposed action; (f) a statement of
which rules or statutes petitioner contends require reversal or modification of
the Department's action or proposed action; and (g) a statement of the relief
sought by petitioner, stating precisely the action petitioner wants the
Department to take with respect to the Department's action or proposed action.
If a petition is filed, the administrative hearing process is designed to
formulate agency action. Accordingly, the Department's final action may be
different from the position taken by it in this permit. Persons whose
substantial interests will be affected by any decision of the Department with
regard to the application have the right to petition to become a party to the
"Protect, Conserve and Manage Florida's Environment and Natural Resources"
Printed on recycled paper.
proceeding. The petition must conform to the requirements specified above and
be filed (received) within 14 days of receipt of this notice in the Office of
General Counsel at the above address of the Department. Failure to petition
within the allowed time frame constitutes a waiver of any right such person has
to request a hearing under Section 120.57, F.S., and to participate as a party
to this proceeding. Any subsequent intervention will only be at the approval of
the presiding officer upon motion filed pursuant to Rule 28-5.207, F.A.C.
This permit is final and effective on the date filed with the Clerk of the
Department unless a petition is filed in accordance with the above paragraphs or
unless a request for extension of time in which to file a petition is filed
within the time specified for filing a petition and conforms to Rule 62-103.070,
F.A.C. Upon timely filing of a petition or a request for an extension of time
this permit will not be effective until further Order of the Department.
When the Order (Permit) is final, any party to the Order has the right to
seek judicial review of the Order pursuant to Section 120.68, Florida Statutes,
by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of
Appellate Procedure, with the Clerk of the Department in the Office of General
Counsel, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; 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 the Final Order is filed with the Clerk of the Department.
Executed in Orlando, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
���"illiam M. Bostwick, Jr., P.E.
""Acting District Director
DATE: /1.3Z'49�5
FILING AND ACKNOWLEDGEMENT FILED, on
this date, pursuant to §120.52(11),
Florida Statutes, with the
designated Department Clerk, receipt
of which is hereby acknowledged.
523 M
Clerk Daie
WMB/9'C PP
Copies furnished to:
Stephen E. Moler, P.E.
Robert O. Wisemen, P.E., Environmental Engineer
CERTIFICATE OF SERVICE
Thi to certify that this NOTICE O� EjMIIT19�$ SUANCE and all copies were
mailed e e the close of business on jj DD to the listed persons,
by
FLORIDA �
Lawton Chiles
Governor
Department of
Environmental Protection
Permittee:
City of Sebastian
Post Office Box 127
Sebastian, FL 32958
Central District
3319 Maguire Boulevard, Suite 232 Virginia B. Wetherell
Orlando, Florida 32803-3767 Secretary
Attention: Joel Koford, City Manager
Permit Number: WD31-264072
Date of Issue: 2//$/,J. -
Expiration Date: 02/13/00
County: Indian River
Project: Indian River County -
South R/O Plant
Sebastian East of U.S. 1
(0.1475 MGD)
This permit is issued under the provisions of Chapter 403, Florida Statutes, and
Florida Administrative Code Rule 62-555, (F.A.C.). The above named permittee is
hereby authorized to perform the work shown on the application and approved
drawing, plans, and other documents attached hereto or on file with the
department and made a part hereof and specifically described as follows:
Extension of the Indian River County South R/O Plant water distribution system
to serve Sebastian East of U.S. 1 located in Indian River County, Florida.
Conditions are attached to be distributed to the permittee only.
DER FORM 62-1.201(5) Effective November 30, 1982 Page 1 of 4
"Protea, Conserve and Manage Florida's Environment and Natural Resources"
Printed on recycled paper.
GENERAL CONDITIONS:
1. The teras, conditions, requirements, limitations and restrictions set forth in this permit, are "permit conditions" and are
binding and enforceable pursuant to Sections 403.141, 403.727, or 403.859 through 403.861, F.S. The permittee is placed on
notice that the Department will review this permit periodically and may initiate enforcement action for any violation of
these conditions.
2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or
exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may
constitute grounds for revocation and enforcement action by the Department.
3. As provided in subsections 403.087(6) and 403.722(5), F.S., the issuance of this permit does not convey any vested rights or
any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal
rights, nor any infringement of federal, state, or local Laws or regulations. This permit is not a waiver of or approval of
any other Department permit that may be required for other aspects of the total project which are not addressed in this
permit.
4. This permit conveys no title to Land or water, does not constitute state recognition or acknowledgement of title, and does
not constitute authority for the use of submerged Lands unLess herein provided and the necessary title or leasehold
interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State
opinion as to title.
5. This permit does not relieve the permittee from liability for harm or injury to human health or welfare, animal, or plant
life, or property caused by the construction or operation of this permitted source, or from penalties therefore; nor does it
allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically
authorized by an order from the Department.
6. The permittee shall properly operate and maintain the facility and systems of treatment and control (and related
appurtenances) that are installed and used by the permittee to achieve compliance with the conditions of this permit, as
required by Department rules. This provision includes the operation of backup or auxiliary facilities or similar systems
when necessary to achieve compliance with the conditions of the permit and when required by Department rules.
7. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, upon presentation of
credentials or other documents as may be required by law and at reasonable times, access to the premises where -the permitted
activity is located or conducted to:
(a) Have access to and copy any records that must be kept under conditions of the permit;
(b) Inspect the facility, equipment, practices, or operations regulated or required under this permit; and
(c) Sample or monitor any substances or parameters at any Location reasonably necessary to assure compliance with this
permit or Department rules.
Reasonable time may depend on the nature of the concern being investigated.
8. If, for any reason, the permittee does not comply with or will be unable to comply with any condition or Limitation
specified in this permit, the permittee shall immediately provide the Department with the following information:
(a) A description of and cause of noncompliance; and
(b) The period of noncompliance, including dates and times; or, if not corrected, the anticipated time the
noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the
noncompliance. _
The permittee shall be responsible for any and all damages which may result and may be subject to enforcement action by the
Department for penalties or for revocation of this permit.
Page 2 of
DEP Form 62-1.201(5)
Effective November 30. 1982
GENERAL CONDITIONS:
9. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data and other
information retating to the construction or operation of this permitted source which are submitted to the Department may be
used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes
or Department rules, except where such use is prescribed by Section 403.111 and 403.73, F.S. Such evidence shall only be
used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules.
10. The permittee agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance;
provided, however, the permittee does not waive any other rights granted by Florida Statutes or Department rules.
11. This permit is transferable only upon Department approval in accordance with Rule 62-4.120 and 162-30.300, F.A.C., as
applicable. The permittee shall be liable for any non-compliance of the permitted activity until the transfer is approved
by the Department.
12. This permit or a copy thereof shall be kept at the work site of the permitted activity.
13. This permit also constitutes:
( ) Determination of Best Available Control Technology (SACT)
( ) Determination of Prevention of Significant Deterioration (PSD)
( ) Certification of compliance with state Water Quality Standards (Section 401, PL 92-500)
( ) Compliance with New Source Performance Standards
14. The permittee shall comply with the following:
(a) Upon request, the permittee shall furnish all records and plans required under Department rules. During enforcement
actions, the retention period for all records will be extended automatically unless otherwise stipulated by the
Department.
(b) The permittee shall hold at the facility or other location designated by this permit records of all monitoring
information (including all calibration and maintenance records and all original strip chart recordings for continuous
monitoring instrumentation) required by the permit, copies of all reports required by this permit, and records of all
data used to complete the application for this permit. These materials shall be retained at Least three years from the
date of the sample, measurement, report, or application unless otherwise specified by Department rule.
(c) Records of monitoring information shall include:
1. the date, exact place, and time of sampling or measurements;
2. the person responsible for performing the sampling or measurements;
3. the dates analyses were performed;
4. the person responsible for performing the analyses; -
5. the analytical techniques or methods used;
6. the results of such analyses.
15. When requested by the Department, the permittee shall within a reasonable time furnish any information required by Law which
is needed to determine compliance with the permit. If the permittee becomes aware the relevant facts were not submitted or
were incorrect in the permit application or in any report to the Department, such facts or information shall be corrected
promptly.
Page 3 of
DEP Form 62-1.201(5)
Effective November 30, 1982
1 Chapter 62-30 was transferred to Chapter 62-730.
PERMITTEE: Permit Number: WD31-264072
City of Sebastian Date of Issue:
Expiration Date: 02/13/00
Attention: Joel Koford, City Manager
SPECIFIC CONDITIONS:
1. General condition number 13 does not apply.
2. A LETTER OF CLEARANCE MUST BE ISSUED BY THE DEPARTMENT TO YOU PRIOR TO YOUR
PLACING THIS PROJECT INTO SERVICE OR YOU, THE PERMITTEE, SHALL BE SUBJECT TO
APPROPRIATE ENFORCEMENT ACTION. To obtain clearance of the facilities for
service, the engineer of record shall submit a "Request for Letter of
Release to Place Water Supply System into Service" (DER Form 17-555.910(9)]
to the department, a copy of this permit, and a copy of satisfactory
bacteriological sample results taken on two consecutive days from, or near,
the 28 designated sampling points.
3. Where water and sewer mains cross with less than 18" vertical clearance, the
sewer will -be 20' of either ductile iron pipe or concrete encased vitrified
clay or PVC pipe, centered on the point of crossing. When a water main
parallels a sewer main a separation, measured edge to edge, of at least 10'
should be maintained where practical.
4. This permit does not pertain to any wastewater, stormwater or dredge and
fill aspects of this project.
5. The permittee will promptly notify the Department upon sale or legal
transfer of the permitted facility. In accordance with General Condition
#11 of this permit, this permit is transferable only upon Department
approval. The new owner must apply, by letter, for a transfer of permit
within 30 days.
6. NOTE TO THE UTILITY: Pursuant to 403.859(6), Florida Statutes, do not
provide water service to this project (other than flushing/testing) until
the Department of Environmental Protection has issued a letter of clearance
or you, the utility, shall be subject to enforcement action.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTA TECT�
William M. Bostwick, Jr., P.E.
Acting District Director
ISSUED
DER Form 62-1.201(5) Effective November 30, 1982 Page 4 of 4