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HomeMy WebLinkAbout1995 02 13 - DEP PermitLawton Chiles Governor CERTIFIED MAIL Z 024 157 071 F01 Aoft\ 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 a 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