Legal Notices for Dec. 6, 2013

Posted on December 6, 2013

STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF INTENT TO ISSUE PERMIT
The Department of Environmental Protection (Department) gives notice of its intent to issue a permit, administrative order, and Level II Water Quality Based Effluent Limit (WQBEL).  The proposed permit and administrative order will require Buckeye to implement upgrades to the paper mill manufacturing process, modify the existing wastewater treatment system, and relocate their discharge outfall.  These steps collectively will enable Buckeye to meet applicable Class III marine water quality criteria for the discharge to the Lower Fenholloway River.  This permit authorizes a new outfall location into the marine portion of the Lower Fenholloway River that is more suitable for the salinity of the discharge.  The proposed permit and administrative order authorize the permittee to operate at One Buckeye Drive, Perry, Florida an existing 58 million gallon per day (design) industrial wastewater treatment system discharging at the current location (Outfall D-001), and to construct improvements, including modifications to the existing wastewater treatment system along with an approximate 15 mile treated wastewater pipeline with an outfall/diffuser structure discharging treated effluent to the Lower Fenholloway River estuary through Outfall D-002.  The new permitted discharge, D-002, to the Lower Fenholloway River estuary, Class III Marine Waters (WBID# 3473A), will be located at approximately mile point 1.5 upstream of the River mouth approximately at latitude 2959′ 44″ N, longitude 8346′ 40″ W, in Taylor County, Florida.  The outfall includes a diffuser port that is approximately 100 feet in length and discharges at a depth of approximately 8 feet (Mean Sea Level).
The applicant, as part of a water quality analysis, published a Notice of Proposed Water Quality Study, and conducted an approved Plan of Study to establish appropriate WQBELs associated with the proposed relocation of the discharge outfall. The applicant completed data collection and analysis and submitted a final technical report. The Department has approved the final technical report under the WQBEL Level II Process in accordance with Chapter 62-650, F.A.C., which is a means of determining the available assimilative capacity of the waterbody and establishing WQBELs for dissolved oxygen, total ammonia, nutrients (total nitrogen (TN) and total phosphorus (TP)) and transparency.
The intent to issue and application file are available for public inspection at any time through our electronic filing system at http://wrmedms.dep.state.fl.us/Oculus/servlet/login by searching for Facility-Site ID FL0000876 or during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department’s Northeast District Office, 8800 Baymeadows Way West, Suite 100, Jacksonville, Florida 32256-7577, at phone number (904)256-1700.
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, Florida Statutes, within fourteen days of receipt of notice.  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, 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.
Under Rule 62-110.106(4), Florida Administrative Code, a person may request an extension of the time for filing a petition for an administrative hearing.  The request must be filed (received by the Clerk) in the Office of General Counsel before the end of the time period for filing a petition for an administrative hearing.
Petitions filed by any persons other than those entitled to written notice under Section 120.60(3), 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.  Section 120.60(3), Florida Statutes, however, also allows that 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.
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 or request for an extension of time within fourteen days of receipt of notice shall constitute a waiver of that person’s right to request an administrative determination (hearing) under Sections 120.569 and 120.57, 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, Florida Administrative Code.
A petition that disputes the material facts on which the Department’s action is based must contain the following information, as indicated in Rule 28-106.201, Florida Administrative Code:
(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; 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 will be affected by the determination;
(c)    A statement of when and how the petitioner received notice of the Department’s decision;
(d)    A 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 warrant reversal or modification of the Department’s proposed action;
(f)    A statement of the specific rules or statutes the petitioner contends require reversal or modification of the Department’s proposed action; and
(g)    A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Department’s proposed action.
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.
In addition to requesting an administrative hearing, any petitioner may elect to pursue mediation.  The election may be accomplished by filing with the Department a mediation agreement with all parties to the proceeding (i.e., the applicant, the Department, and any person who has filed a timely and sufficient petition for a hearing).   The agreement must contain all the information required by Rule 28-106.404, Florida Administrative Code.  The agreement must be received by the Clerk in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within ten days after the deadline for filing a petition, as set forth above.  Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement.
As provided in Section 120.573, Florida Statutes, the timely agreement of all parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, for holding an administrative hearing and issuing a final order.  Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the execution of the agreement.  If mediation results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the parties.  Persons seeking to protect their substantial interests that would be affected by such a modified final decision must file their petitions within fourteen days of receipt of this notice, or they shall be deemed to have waived their right to a proceeding under Sections 120.569 and 120.57, Florida Statutes.  If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative hearing processes under Sections 120.569 and 120.57, Florida Statutes, remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes.
12/06

STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF FINAL ORDER
The Department of Environmental Protection (Department) gives notice of the issuance on December 4, 2013, of a Final Order adopting  Water Quality Based Effluent Limitations (WQBEL) for Total Nitrogen (TN) and Total Phosphorus (TP) discharges to the Lower Fenholloway River estuary, identified as that portion of the Fenholloway River estuary that extends from the confluence of the Fenholloway River and Spring Creek (latitude 30°4’28.23” N, longitude 83°30’4.70” W) to the Gulf of Mexico (latitude 29°58’37.00” N, longitude 83°47’13.37” W), approximately 12 river miles.
Buckeye Florida, L.P. (the applicant), as part of a water quality analysis, published a Notice of Proposed Water Quality Study, and conducted an approved Plan of Study to establish appropriate WQBELs associated with the proposed relocation of the applicant’s discharge outfall for its mill. The applicant completed data collection and analysis and submitted a final technical report in support of the WQBEL. The Department has approved the final technical report under the Level II WQBEL process in accordance with Chapter 62-650, F.A.C.
The portion of the Level II WQBEL setting forth the total TN (5,573 lbs/day expressed as an annual average) and TP (839 lbs/day expressed as an annual average) loads from all sources to the Lower Fenholloway River estuary (WBID 3473A) shall constitute site specific numeric interpretations of the narrative nutrient criterion set forth in paragraph 62-302.530(47)(b), F.A.C., and shall supersede otherwise applicable numeric nutrinet criteria for this particular water body segment.  No other portion of the WQBEL will act as a site specific numeric interpretation of the narrative nutrient criterion.  The portion of the total allowable nutrient loading assigned to the applicant is a wasteload allocation of 2,698 lbs/day for TN and 600 lbs/day for TP.
Complete copies of all documents related to this agency action are available for public inspection at any time through our electronic filing system at http://wrmedms.dep.state.fl.us/Oculus/servlet/login by searching for Facility-Site ID FL0000876, or during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department’s Northeast District Office, 8800 Baymeadows Way West, Suite 100, Jacksonville, Florida 32256-7577, at telephone number (904)256-1700.
This order is final and effective on the date filed with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57 of the Florida Statutes as provided below.  If a sufficient petition for an administrative hearing is timely filed, this order becomes only proposed agency action on the petition, subject to the result of the administrative review process.  Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department.  Because an administrative hearing may result in the reversal or substantial modification of this action, the applicant is advised not to commence construction or other activities until the deadlines noted below for filing a petition for an administrative hearing or request for an extension of time have expired.
Mediation is not available.
A person whose substantial interests are affected by the Department’s action 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.
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an 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 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline.  A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.  If a request is filed late, the Department may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect.
If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding.  Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.
In accordance with Rules 28-106.111(2) and 62-110.106(3)(a), F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice.  Petitions filed by any persons other than the applicant, and other than those entitled to written notice under section 120.60(3) of the Florida Statutes must be filed within 21 days of publication of the notice or within 21 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 21 days of receipt of such notice, regardless of the date of publication.
The petitioner shall mail a copy of the petition to Buckeye at the address indicated below at the time of filing.  The failure of any person to file a petition for an administrative hearing 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.
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; 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 determination;
(c)  A statement of when and how the petitioner received notice of the agency decision;
(d)  A 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 that the petitioner contends warrant 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, including an explanation of how the alleged facts relate to the specific rules or statutes; 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 as set forth above, as required by Rule 28-106.301, F.A.C.  Under paragraphs 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed.
This action constitutes an order of the Department.  Subject to the provisions of paragraph 120.68(7)(a) of the Florida Statutes, which may require a remand for an administrative hearing, any party to this action 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, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, 323993000; 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 order is filed with the Clerk of the Department.
12/06

Notice of Public Hearing
Hearing Date: December 10, 2013
Subject of Hearing: Discipline Matrix for Tobacco, Revised Board Policy on Tobacco use in District Facilities.
THE DISTRICT SCHOOL BOARD OF TAYLOR COUNTY WILL HOLD A PUBLIC HEARING ON THE ABOVE DATE FOR APPROVAL OF SAID SAID HEARING ITEM THE PUBLIC IS INVITED TO ATTEND TO EXPRESS THEIR OPINIONS/CONCERNS. THE PUBLIC HEARING WILLL BE HELD AT:
The Administrative Complex, School Board Meeting Room, 318 North Clark St., Perry, FL
A copy of this policy may be obtained from the Superintendent’s office.
Paul E. Dyal
Superintendent of Schools
10/23, 10/30, 11/06, 11/13, 11/20, 11/27, 12/06