FORMAT NO. 16A - NOTICE OF PROPOSED AGENCY ACTION

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FORMAT NO. 16A - NOTICE OF PROPOSED AGENCY ACTION Powered By Docstoc
					                            STATE OF FLORIDA
                 DEPARTMENT OF ENVIRONMENTAL PROTECTION


In the matter of an
Authorization for the Experimental
Use of Wetlands for Low-Energy
Water and Wastewater Recycling
by:
International Paper Company                            DEP File No. OGC 04-1442
Pensacola Mill
P.O. Box 87                                            Escambia County
Cantonment, Florida 32533-0087

 NOTICE OF INTENT TO AUTHORIZE THE EXPERIMENTAL USE OF WETLANDS
 FOR LOW-ENERGY WATER AND WASTEWATER RECYCLING UNDER RULE 62-
               660.300(1), FLORIDA ADMINISTRATIVE CODE

The Department of Environmental Protection (Department) hereby gives Notice of its
Intent to Authorize the Experimental Use of Wetlands for Low-Energy Water and
Wastewater Recycling under Rule 62-660.300(1), F.A.C., to International Paper
Company (Petitioner) for its Pensacola Mill industrial wastewater facility (Facility)
(NPDES Permit No. FL0002526). The Petitioner proposes to discharge an average
daily flow of 23.8 MGD of industrial wastewater effluent into the experimental wetlands.
The experimental wetlands are on the East Rainwater tract owned by the Petitioner and
located at approximately latitude 30° 29' 06" N, longitude 87° 21' 57" W, in Escambia
County, Florida.

The authorization to operate the experimental wetland project pursuant to Rule 62-
660(1), F.A.C., does not require an exemption from applicable surface water quality
standards. The facility’s discharge must comply with the interim limits set forth in Table
3, Paragraph 16 of the Consent Order entered in OGC Case No. 04-1202. The
Petitioner has requested this authorization to implement an experimental wetlands
project to allow the Petitioner the opportunity to demonstrate that alternative water
quality criteria are more appropriate in the experimental wetlands and contiguous
waters.

The Department intends to authorize the experimental wetlands project subject to the
following findings:

1.    The Petitioner has applied for a National Pollutant Discharge Elimination System
      (NPDES) permit under Section 403.088(2), F.S. With the permit application, the
      Petitioner has submitted plans and a reasonable schedule for constructing,
      installing, and operating, an approved pollution abatement facility or alternative
      waste disposal system pursuant to Rule 62-660.300, F.A.C., (Exemptions to
      Provide for the Experimental Use of Wetlands for Low-Energy Water and


                             "More Protection, Less Process"
Notice of Intent to Authorize the Experimental Use of                       Escambia County
Wetlands for Low-energy Water and Wastewater Recycling                      FL0002526
Under Rule 62-660.300, F.A.C.
International Paper Company                                                 OGC No. 04-1442
Page 2 of 10


        Wastewater Recycling). The Petitioner has proposed to modify its industrial
        wastewater treatment plant, and in conjunction with the Emerald Coast Utilities
        Authority, construct both a 10-mile long effluent pipeline and a receiving wetland
        system for the effluent. The Facility modifications consist of conversion to a
        modified activated sludge treatment system as specified in the proposed Permit,
        increased aeration (approximately 2,900 HP), storm surge ponds that will
        accommodate a 25-year, 24-hour storm event, effluent pH adjustment, storm
        surge capacity, and the construction of a pipeline to an area where existing
        impacted wetlands will be restored and used as part of an effluent distribution
        system. Comprehensive monitoring of the creek, bay and wetlands will be
        conducted before, during, and after completion of the project. The receiving
        wetland system and associated monitoring is described in the administrative
        record for the NPDES permit.
2.      In association with the above-referenced permit application, the Petitioner has
        filed a petition under Rule 62-660.300(1)(a), F.A.C. This rule authorizes an
        experimental wetlands project provided that seven conditions are met. The
        Petitioner has demonstrated that five of the seven conditions can be met.
        Compliance with subparagraphs 3 and 4 of Rule 62-660.300(1)(a), would require
        restricting public access and recreation within Tee and Wicker Lakes and the
        channels connecting them to Perdido Bay and Elevenmile Creek. Consequently,
        the Petitioner has filed a separate petition for a waiver under section 120.542,
        F.S., for these two provisions (OGC No. 04-0730). By separate order, the
        Department has granted the petition for waiver. With the waiver of these two
        conditions related to public access and recreation, the Respondent has
        demonstrated compliance with all seven conditions of Rule 62-660.300, F.A.C.
3.      In addition, the Petitioner has demonstrated the following, based on plans, data
        and other documentation submitted with the petition for authorization and the
        related NPDES permit application:
        a.       The control of pH in the natural wetland system, caused by a
                 circumneutral pH of the effluent, is unnecessary for the propagation and
                 maintenance of a healthy well-balanced population of fish and wildlife and
                 will not degrade contiguous surface waters.
        b.       On a seasonal and diel basis, dissolved oxygen levels in the wetland
                 system naturally fluctuate well below the Class III water quality criteria of
                 5.0 mg/L. The effluent's low dissolved oxygen levels, after passive re-
                 aeration exiting the transmission pipeline structure, are expected to
                 sustain a healthy biological community within the wetland and not degrade
                 contiguous surface waters.
        c.       The pilot surface flow wetland study initiated in 1991, and updated in
                 1999, showed that nearly all of the wetland plants showed no adverse
                 effects from exposure to elevated levels of specific conductance and
                 turbidity contained in the Facility’s wastewater. Much of the southern
Notice of Intent to Authorize the Experimental Use of                        Escambia County
Wetlands for Low-energy Water and Wastewater Recycling                       FL0002526
Under Rule 62-660.300, F.A.C.
International Paper Company                                                  OGC No. 04-1442
Page 3 of 10


                 portion of the experimental wetland is influenced naturally by high specific
                 conductance associated with tidal activity.
        d.       Treated effluent from the Facility will meet the current state water quality
                 criteria for turbidity during normal operation. However, during either
                 critical environmental conditions, i.e. drought, or wastewater system
                 upsets, mill effluent may not meet the state Class III surface water quality
                 criteria for turbidity. It is expected that these periods will be rare and
                 relatively short in duration.
        e.       The wetland system is expected to assist in the assimilation of
                 constituents that contribute to effluent turbidity and consequently the
                 overall function and quality of the wetland is not expected to be
                 significantly affected. Owing to the overall low water velocities, sheet flow
                 conditions, filtering action by the soil and forest floor organic matter, and
                 surface roughness imparted by the microtopography and vegetation, mill
                 effluent turbidity is expected to be reduced to background conditions
                 normally expected from a natural wetland system.
        f.       The Facility’s effluent color is much lower than similar pulp & paper
                 facilities due to implementation of process technologies and wastewater
                 treatment technologies. The use of chemical precipitation for color
                 removal has been employed for over 10 years, and in 1995 a modification
                 to the bleaching process resulted in further reductions in effluent color.
                 The Facility’s effluent color is within the range typically measured in the
                 wetlands on the proposed project site.
        g.       The wetland system is expected to assist in the assimilation of the
                 constituents that contribute to the effluent transparency. Owing to the
                 overall low water velocities, sheet flow conditions, filtering action by the
                 soil and forest floor organic matter, and residence time as the effluent
                 flows through the wetland complex, mill effluent transparency may be
                 reduced to background conditions normally expected from a natural
                 wetland system.
        h.       Color in effluent is related to the water quality criteria for transparency in
                 that color in the effluent may affect the ability of light to penetrate the
                 water column, which is the basis for the transparency criteria. As set out
                 above, the Facility’s effluent color is expected to be in the range naturally
                 found in the wetlands and is not expected to adversely affect the
                 designated use in the wetlands or the contiguous surface waters.
                Based on the above, the Facility’s effluent is not expected to have a
        significant adverse impact on the biological community in the receiving water or
        to adversely affect the designated use in the wetlands or the contiguous surface
        waters in accordance with Rule 62-660.300(1)(a), F.A.C.
      Notice of Intent to Authorize the Experimental Use of                                 Escambia County
      Wetlands for Low-energy Water and Wastewater Recycling                                FL0002526
      Under Rule 62-660.300, F.A.C.
      International Paper Company                                                           OGC No. 04-1442
      Page 4 of 10




      4.       The Petitioner has provided a Contingency Plan for Management of the Combined
               Effluent Distribution Project Wetland Site – August 27, 2004          (which is
               incorporated by reference and attached hereto as Attachment 1) to be responsive
               to any unintended downstream impacts to designated uses of surface waters.

      5.       Pursuant to Rule 62-660.300(1), F.A.C., the operation of the Rainwater Tract
               experimental wetland project, as shown on the attached map (Figure 1 within
               Attachment 2), is authorized. The following conditions pursuant to the
               requirements of the Consent Order are applicable to the Respondent’s
               experimental wetlands project:

                                                   Interim Limits D-003

           D-003                   Discharge Limitations                       Monitoring Requirements
Parameters (units)         Monthly        Daily Max.    Other –    Frequency            Sample            Sample
                           Avg.                         specify                          Type             Point
pH (standard units)           NA          range 5.0-8.5    NA      Daily                 Grab or          EFF-3
                                                                                         Instantaneous
pH (standard units)                     See b below                In accordance with NSAI and wetland sample points
Specific Conductance         Report         2,500        NA        3/week               Instantaneous     EFF-3
(µmhos/cm)
Specific Conductance                    See a below             In accordance with NSAI and wetland sample points
(µmhos/cm)
Turbidity (NTU)               50           Report        NA     3/week               Grab              EFF-3
Turbidity (NTU)                         See e below             In accordance with NSAI and wetland sample points
Color (Pt-Co Units)           325          Report        NA     3/week               24 hour           EFF-3
 (NCASI method)                                                                      composite
Color (Pt-Co Units)                     See d below             In accordance with NSAI and wetland sample points
 (NCASI method)
Dissolved Oxygen (mg/l)                 See c below             In accordance with NSAI and wetland sample points
a.       Specific conductance within the wetland: 2,500 micromhos/cm or 50% above background whichever is
higher.
b.     pH (range 3.8 to 8.5 s.u.) within the wetland: In addition, Wicker and Tee Lakes are to maintain their existing
pH range, as determined by baseline monitoring, such that the pH range is not significantly changed from background.
c.       Dissolved oxygen within the wetland: Levels of dissolved oxygen including daily and seasonal fluctuations
shall be maintained to sustain a healthy biological community within the wetland. In addition, Wicker and Tee Lakes
are to maintain their existing and designated uses, as demonstrated by baseline monitoring, such that dissolved
oxygen levels are not significantly decreased below background.
d.     A transparency criterion is not applicable to the wetlands. Wicker and Tee Lakes are to maintain their existing
and designated uses, as demonstrated by baseline monitoring, such that transparency is not significantly decreased
below background.
e.     The turbidity criterion will be analyzed in the wetlands. Wicker and Tee Lakes are to maintain their existing
and designated uses, as demonstrated by baseline monitoring, such that turbidity is not significantly increased above
background.
Notice of Intent to Authorize the Experimental Use of                    Escambia County
Wetlands for Low-energy Water and Wastewater Recycling                   FL0002526
Under Rule 62-660.300, F.A.C.
International Paper Company                                              OGC No. 04-1442
Page 5 of 10


6.      Pursuant to Rule 62-660.300(1)(a)(7), F.A.C., the Petitioner shall perform
        monitoring in accordance with:
        a.       The No Significant Adverse Impact (NSAI) Monitoring Protocol, submitted
                 May 26, 2004, which is incorporated by reference and attached hereto as
                 Attachment 2.
        b.       A Framework for Monitoring Perdido Bay, Elevenmile Creek, and the
                 Effluent Distribution Wetlands for the International Paper Pensacola,
                 Florida Mill dated April 30, 2004, which is incorporated by reference and
                 attached hereto as Attachment 3.
        c.       Implementation of the Contingency Plan in Paragraph 4 above, will be
                 based upon results of the monitoring in the plans referenced above.
7.      This authorization is issued for a period of five years, commencing upon the
        beginning of Petitioner’s discharge to the experimental wetlands. A petition for
        renewal of this authorization must be submitted 180 days prior to its expiration
        date. A renewal of this authorization may be necessary to ensure compliance with
        the terms, conditions and schedule in Consent Order, OGC 04-1202. The
        Department's proposed action with respect to renewal of the authorization will be
        subject to Chapter 120, F.S.
8.     Petition for Alternative Water Quality Criteria. The Petitioner may submit to the
       Department a petition in accordance with Rule 62-660.300(1)(b),(c) and (d), F.A.C.,
       setting forth those water quality criteria that the Respondent contends are more
       appropriately applied to the wetlands and contiguous waters. The petition may
       address one or more of the following water quality criteria: pH, dissolved oxygen,
       specific conductance, turbidity, and/or transparency.
       Upon the Respondent’s affirmative demonstration that (i) the alternative water
       quality criteria will cause no significant adverse impacts to the wetlands and
       contiguous waters, and (ii) that the alternative water quality criteria will be
       protective of the existing and designated uses of the wetlands and contiguous
       waters, the Department shall issue an order establishing the alternative water
       quality criteria. The Department shall modify Petitioner's permit consistent with
       the Secretary's Order. The Department’s order establishing the alternative water
       quality criteria will be subject to the EPA’s review and approval.

                                             NOTICE OF RIGHTS
     Under Section 403.815, Florida Statutes, and Rule 62-110.106, Florida
Administrative Code, you are required to publish at your own expense the enclosed
Notice of Proposed Agency Action. The notice must be published one time only within
30 days in the legal ad section of a newspaper of general circulation in the area
affected. For the purpose of this rule, "publication in a newspaper of general circulation
in the area affected" means publication in a newspaper meeting the requirements of
Sections 50.011 and 50.031, Florida Statutes, in the county where the activity is to take
Notice of Intent to Authorize the Experimental Use of                    Escambia County
Wetlands for Low-energy Water and Wastewater Recycling                   FL0002526
Under Rule 62-660.300, F.A.C.
International Paper Company                                              OGC No. 04-1442
Page 6 of 10


place. Where there is more than one 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 action. If you are uncertain that a newspaper meets these requirements,
please contact the Department at the address or telephone number listed below. You
must provide proof of publication to the Department, at Department of Environmental
Protection, Northwest District Office, 160 Governmental Center, Pensacola, Florida,
32502 within seven days of publication.

    The Department will issue the authorization to Provide for the Experimental Use of
Wetlands for Low-energy Water and Wastewater Recycling unless a timely petition for
an administrative hearing is filed under Sections 120.569 and 120.57, Florida Statutes,
within twenty-one days of receipt of notice and after the Final Order Granting
International Paper's Third Amended Petition for a Waiver under Section 120.542, F.S.
(OGC Case No. 04-0730) becomes final. The procedures for petitioning for a hearing
are set forth below.

    A person whose substantial interests are affected by the Department’s proposed
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
enlargement 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 by the applicant or any of the persons listed below must be filed within
twenty-one days of receipt of this written notice. Petitions filed by any persons other
than those entitled to written notice under Section 120.60(3), Florida Statutes, must be
filed within twenty-one days of publication of the notice or within twenty-one days of
receipt of the written notice, whichever occurs first. Under Section 120.60(3), Florida
Statutes, however, any person who has asked the Department for notice of agency
action may file a petition within twenty-one 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 enlargement of time within twenty-one 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
Notice of Intent to Authorize the Experimental Use of                      Escambia County
Wetlands for Low-energy Water and Wastewater Recycling                     FL0002526
Under Rule 62-660.300, F.A.C.
International Paper Company                                                OGC No. 04-1442
Page 7 of 10


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:

     (a) The name, address, and telephone number of each petitioner; the name,
address, and telephone number of the petitioner’s representative, if any; the
Department case identification number and the county in which the subject matter or
activity is located;
     (b) A statement of how and when each petitioner received notice of the Department
action;
     (c) A statement of how each petitioner's substantial interests are affected by the
Department action;
     (d) A statement of all disputed issues of material fact. If there are none, the petition
must so indicate;
     (e) A statement of facts that the petitioner contends warrant reversal or modification
of the Department action;
     (f) A concise statement of the ultimate facts alleged, as well as the rules and
statutes which entitle the petitioner to relief; and
     (g) A statement of the relief sought by the petitioner, stating precisely the action that
the petitioner wants the Department to take.

    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.

     Mediation under Section 120.573, F.S., is not available.

    This intent to issue 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, the applicant 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, Mail Station 35, 3900 Commonwealth
Boulevard, Tallahassee, Florida 32399-3000, 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 must be filed within thirty days after this order is filed with the clerk of the
Department.
Notice of Intent to Authorize the Experimental Use of                        Escambia County
Wetlands for Low-energy Water and Wastewater Recycling                       FL0002526
Under Rule 62-660.300, F.A.C.
International Paper Company                                                  OGC No. 04-1442
Page 8 of 10



                          ___
    DONE and ORDERED this 12th day of April 2005, in Pensacola, Florida.

                                                     STATE OF FLORIDA DEPARTMENT
                                                     OF ENVIRONMENTAL PROTECTION


                                                     ______________________________
                                                     W. Richard Fancher
                                                     District Director
                                                     160 Governmental Center
                                                     Pensacola, FL 32502-5794
                                                     (850) 595-8300
                                                     (850) 595-8417 (FAX)


                                  FILING AND ACKNOWLEDGMENT

FILED AND ACKNOWLEDGED on this date, under section 120.52 of the Florida
Statutes with the designated Department Clerk, receipt of which is hereby
acknowledged.


                                                          ____________________________
                                                              April 12, 2005
Clerk                                                     Date


                                      CERTIFICATE OF SERVICE

       I CERTIFY that a true copy of the foregoing was mailed electronically to
International Paper Company, P.O. Box 87, Cantonment, FL 32533-0087, and the
individuals listed below before the close of business this _12th_ day of April, 2005.

Attachment 1 -            Contingency Plan for Management of the Combined Effluent
                          Distribution Project Wetland Site August 27, 2004
Attachment 2 -            No Significant Adverse Impact (NSAI) Monitoring Protocol
Attachment 3 -            A Framework for Monitoring Perdido Bay, Elevenmile Creek, and
                          the Effluent Distribution Wetlands for the International Paper
                          Pensacola, Florida Mill dated April 30, 2004
The above three attachments are available for review on the Department’s website at
the following location: http://appprod.dep.state.fl.us/nwu/IP-EWO-attachments.pdf

Enclosure: Notice of Proposed Agency Action
Notice of Intent to Authorize the Experimental Use of                                      Escambia County
Wetlands for Low-energy Water and Wastewater Recycling                                     FL0002526
Under Rule 62-660.300, F.A.C.
International Paper Company                                                                OGC No. 04-1442
Page 9 of 10



Copies furnished to:
Kathy Carter, OGC (kathy.carter@dep.state.fl.us)
EPA Region 4, Water Management Division, Surface Water Permits and Facilities
Branch (buff.virginia@epa.gov)
Karrie-Jo Shell, EPA Region 4 (Shell.Karrie-Jo@epamail.epa.gov)
Marshall Hyatt, EPA Region 4 (Hyatt.Marshall@epamail.epa.gov)
Drew Bartlett, EPA Region 4 (Bartlett.Andrew@epamail.epa.gov)
NWFWMD, Division of Resource Management, (Attn: Chief Bureau of Environment &
Resource Planning - Duncan J. Cairns) (duncan.cairns@nwfwmd.state.fl.us)
Florida Fish & Wildlife Conservation Commission (Attn: Director,                                    Office   of
Environmental Services -Brian Barnett (brian.barnett@fwc.state.fl.us)
U.S. Fish & Wildlife Service, Panama City, Attn Jon Hemming (jon_hemming@fws.gov)
Hildreth_Cooper (Hildreth_Cooper@fws.gov)
District   Engineer,    U.S.      Corps                        of      Engineers       -         Jacksonville
(John.R.Hall@saj02.usace.army.mil)
Edward P Sarfert, SAJ (Edward.P.Sarfert@saj02.usace.army.mil)
Amy Porto, FDEP Pensacola (amy.porto@dep.state.fl.us)
National Marine Fisheries                  Service       -     St.    Petersburg    (Attn:     Eric     Hawk)
(eric.hawk@noaa.gov)
National Marine Fisheries Service - Panama City (Attn: W. Mark Thompson)
(mark.thompson@noaa.gov)
NMFS, Habitat Conservation: (NMFS.HCDPC@noaa.gov)
Chair, Escambia County Board                        of       County    Commissioners,        Marie      Young
(district3@co.escambia.fl.us)
Environmental Health Director,                   Escambia        County    Public    Health      Department
(robert_merritt@doh.state.fl.us)
Glenda L. Dean, Deputy Chief Water Division (GLD@adem.state.al.us)
Craig Kneisel, Alabama Attorney General (ckneisel@ago.state.al.us)
John David Whetstone, District Attorney Baldwin County (DWhetstone@gulftel.com)
Honorable    Frank     Burt,              Jr.,     Chairman,          Baldwin      County       Commission
(fburt@co.baldwin.al.us)
Betsy Hewitt, FDEP OGC (betsy.hewitt@dep.state.fl.us)
Carol Moore, Pensacola Gulf Coast Keepers (Gckeeperrivers@cs.com)
Notice of Intent to Authorize the Experimental Use of                             Escambia County
Wetlands for Low-energy Water and Wastewater Recycling                            FL0002526
Under Rule 62-660.300, F.A.C.
International Paper Company                                                       OGC No. 04-1442
Page 10 of 10


David Ludder, Esq., LEAF (dludder@leaflaw.org)
Linda Young, Clean Water Network, Southeast Regional Office (llyoung@igc.org)
Jessica Landman, Natural Resources Defense Council (jlandman@nrdc.org)
Jackie Lane, Friends of Perdido Bay (info@perdidobay.org)
Jim Lane (jlane@helpinghand.net)
P. A. Ucci (paucci@home.com)
Thorton Garth (thorntongarth@gulftel.com)
Mike Eveleth (meveleth@pchhotelsresorts.com)
Ronald E. Lee (Rbbream@aol.com)
Peggy Mathews (mathewsph@aol.com)
Steve Medina (smedina@levinlaw.com)
Wade Nutter, Nutter & Associates, Inc. (wnutter@nutterinc.com)
Niall O'Shaughnessy, CH2M Hill, Atlanta (noshaugh@CH2M.com)
Andrew Thuman, Hydroqual (athuman@hydroqual.com)
Alan Niedoroda, URS Corp. (alan_niedoroda@urscorp.com)
Don Palmer, ECUA (DPalmer@ECUA.org)
Cynthia Arnold (carnold@gcenv.com)
Ray Sturdivant (ray.sturdivant@eaglered.com)
Kyle Moore, International Paper (Kyle.Moore@ipaper.com)
Danny Adams, International Paper (Danny.Adams@ipaper.com)
Mike Steltenkamp, International Paper (Mike.Steltenkamp@ipaper.com)
Terry Cole (tcole@ohfc.com)
Stephen E. Sorrell, Emerald Coast Utilities Authority (sorrell@ecua.org)
Escambia County Administrator, George Touart (george_touart@co.escambia.fl.us)
Sharon Maxwell, Chairperson,                      Sierra   Club   -   Northwest   Florida       Group
(swturtlewh@earthlink.net)
Gulf Coast Environmental Defense (gced@mchsi.com)
Congressman Jo Bonner, Attn: Jon Hand (jon.hand@mail.house.gov)
Ester Johnson
Richard Schram
Jack Kelly
                               STATE OF FLORIDA
                   DEPARTMENT OF ENVIRONMENTAL PROTECTION
                       NOTICE OF PROPOSED AGENCY ACTION

     The Department of Environmental Protection gives Notice Of Intent to Authorize the
Experimental Use of Wetlands for Low-Energy Water and Wastewater Recycling under Rule 62-
660.300(1) F.A.C. to International Paper Company (Petitioner) for its Pensacola Mill industrial
wastewater facility (Facility) (NPDES Permit No. FL0002526). The Petitioner proposes to
discharge an average daily flow of 23.8 MGD of industrial wastewater effluent into the
experimental wetlands. The experimental wetlands are on the East Rainwater tract owned by the
Petitioner and located at approximately latitude 30° 29' 06" N, longitude 87° 21' 57" W, in
Escambia County, Florida.
     The authorization to operate the experimental wetland project pursuant to Rule 62-660(1),
F.A.C., does not require an exemption from applicable surface water quality standards. The
facility’s discharge must comply with the interim limits set forth in Table 3, Paragraph 16 of the
Consent Order entered in OGC Case No. 04-1202. The Petitioner has requested this
authorization to implement an experimental wetlands project to allow the Petitioner the
opportunity to demonstrate that alternative water quality criteria are more appropriate in the
experimental wetlands and contiguous waters.
     The petition has been assigned OGC File No.: 04-1442. The Department file on this matter
is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday
through Friday, except legal holidays, at the Florida Department of Environmental Protection,
Northwest District Office, 160 Governmental Center, Pensacola, Florida 32502-5794.
     Please note that the Department of Environmental Protection is noticing four separate
Agency actions related to International Paper Company's industrial wastewater facility. A
person whose substantial interests are affected may petition for an administrative hearing on any
one of these four separate agency actions; however, he must specifically identify in his petition
the agency action or actions that he intends to challenge. International Paper will publish in the
legal ad section of a newspaper of general circulation in the area affected a separate notice for
the following three related separate agency actions:
   •   Consent Order, OGC File No. 04-1202.
   •   Notice of Intent to Issue Permit, DEP File Number FL0002526-001/003-IW1S.
   •   Notice of Final Order Granting the Petition for a Waiver under Section 120.542, F.S.
       (OGC File No.: 04-0730).

     The Department will issue the authorization to Provide for the Experimental Use of Wetlands
for Low-energy Water and Wastewater Recycling unless a timely petition for an administrative
hearing is filed under Sections 120.569 and 120.57, Florida Statutes, within twenty-one 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 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 enlargement
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 twenty-one days of publication of the notice or
within twenty-one days of receipt of the written notice, whichever occurs first. Under Section
120.60(3), Florida Statutes, however, any person who has asked the Department for notice of
agency action may file a petition within twenty-one 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 enlargement of time
within twenty-one 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:
(a) The name, address, and telephone number of each petitioner; the name, address, and
    telephone number of the petitioner’s representative, if any; the Department case
    identification number and the county in which the subject matter or activity is located;
(b) A statement of how and when each petitioner received notice of the Department action;
(c) A statement of how each petitioner's substantial interests are affected by the Department
    action;
(d) A statement of all disputed issues of material fact. If there are none, the petition must so
    indicate;
(e) A statement of facts that the petitioner contends warrant reversal or modification of the
    Department action;
(f) A concise statement of the ultimate facts alleged, as well as the rules and statutes which
    entitle the petitioner to relief; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the
    petitioner wants the Department to take.
     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.
    Mediation under Section 120.573, F.S., is not available.