Appendix_B_-_FDEP_Permits.pdf

www.dep.state.fl.us

August 1, 2024

ELECTRONIC CORRESPONDENCE

In the matter of an Application for Permit by:

Katie Sweetman, P.E., Utilities Engineer DEP File No. 0080421-078-WC Brevard County Utility Services County: Brevard 2725 Judge Fran Jamieson Way, A-213 Viera, FL 32940-6602 Utility.development@brevardfl.gov

NOTICE OF PERMIT ISSUANCE

Enclosed is Permit Number 0080421-078 WC for the equipping and connecting of Well #12 to the City of Mims Water Treatment Plant (WTP), issued pursuant to Section 403.861(9), Florida Statutes.

This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until a subsequent order of the Department. Because the administrative hearing process is designed to formulate final agency action, the subsequent order may modify or take a different position than this action.

Petition for Administrative Hearing 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, F.S. Pursuant to Rules 28-106.201 and 28-106.301, F.A.C., a petition for an administrative hearing 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, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; 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 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

FLORIDA DEPARTMENT OF

Environmental Protection

CENTRAL DISTRICT OFFICE

3319 MAGUIRE BLVD, SUITE 232

ORLANDO FLORIDA 32803

Ron DeSantis Governor

Jeanette Nuñez

Lt. Governor

Shawn Hamilton Secretary http://www.dep.state.fl.us/ mailto:Utility.development@brevardfl.gov

Brevard County Utility Services DEP File No.: 0080421-078-WC Katie Sweetman P.E., Utility Engineer

(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.

The petition 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, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.

Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 14 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), F.S., must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision and the right of substantially affected persons to challenge this decision has been duly published or otherwise provided to all persons substantially affected by the decision. While you are not required to publish notice of this action, you may elect to do so pursuant Rule 62-110.106(10)(a).

The failure to file a petition 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, F.S., or to intervene in this proceeding and participate as a party to it. 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, F.A.C. If you do not publish notice of this action, this waiver may not apply to persons who have not received a clear point of entry.

Extension of Time 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, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a petition for an administrative hearing. 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.

Mediation Mediation is not available in this proceeding.

Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (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 30 days from the date this action is filed with the Clerk of the Department.

http://web2.westlaw.com/find/default.wl?ordoc=I0C7293C0912311DB8F8F8100D79B57CF&rp=%2ffind%2fdefault.wl&DB=1000006&DocName=FLSTS120%2E569&FindType=L&AP=&rs=WLW9.08&ifm=NotSet&fn=_top&sv=Split&mt=Florida&utid=4&vr=2.0&pbc=38B33E51

EXECUTION AND CLERKING

Executed in Orange County, Florida.

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

Reggie Phillips Program Administrator Permitting and Waste Cleanup Program

Enclosures: Permit No. 0080421-078-WC

CERTIFICATION OF SERVICE

The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons:

Jennifer Ribotti, P.E., Tetra Tech, jennifer.ribotti@tetratech.com FDEP: Reggie Phillips, Jill Farris, Jason Seyfert, Dan Shideler, Allison Chancy

FILING AND ACKNOWLEDGEMENT

FILED, on this date, under Section 120.52(7), Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged.

___________________ August 1, 2024 Clerk Date mailto:jennifer.ribotti@tetratech.com

PERMITTEE PWS ID NUMBER:3050834

Brevard County Utility Services PERMIT NUMBER: 0080421-078-WC 2725 Judge Fran Jamieson Way, A-213 DATE OF ISSUANCE: August 1, 2024 Viera, FL 32940-6602 EXPIRATION DATE: July 31, 2029 COUNTY: Brevard

PROJECT: City of Mims WTP Well # 12

This permit is issued under the provisions of Chapter 403, Florida Statutes (F.S.), and Florida Administrative Code (F.A.C.) Chapters 62-4, 62-550, 62-555, and 62-560. The above-named permittee is hereby authorized to perform the work or operate the facility shown on the application and approved drawings, plans, and other documents attached hereto or on file with the Department and made a part hereof and specifically described as follows:

TO CONSTRUCT: Equip and Connect Well #12 to the City of Mims WTP.

There will be no change in the permitted capacity of the plant.

PROPOSED CONSTRUCTION INCLUDES THE FOLLOWING COMPONENTS:

1. Construction and installation of a 12-inch public water supply well including;

a) A 12-inch groundwater well (SJRWMD Permit # 167765-1) constructed to a depth of 75’ with a casing depth of 75’, a static water level of 11.87’ from the top of the casing, well vent, smooth nosed downward facing raw water tap, check valve, blow-offs, a 6’x6’x4” concrete apron, and 116 LF of 6-inch PVC raw water main.

b) a 20-hp, Grundfos Submersible Pump rated at 318 gpm at 183.2’ of Total Dynamic Head

(TDH).

IN ACCORDANCE WITH: The construction plans, engineering report, and specifications received on May 17, 2024, and additional information received on July 25, 2024.

LOCATION: This project is located along Indian River Parkway, Viera, Florida.

Well location: (Lat:28, 40, 54.83 /Lon 80, 52, 11.53)

ORLANDO FLORIDA 32803

This permit does not pertain to any wastewater, storm water, or dredge and fill aspects of the project. Work must be conducted in accordance with the General and Specific Conditions, attached hereto.

The permittee shall be aware of and operate under the Permit Conditions below. These applicable conditions are binding upon the permittee and enforceable pursuant to Chapter 403, F.S. [F.A.C. Rule 62-555.533(1)].

A. GENERAL CONDITIONS

1. The terms, 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 acknowledgment 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 (reasonable time may depend on the nature of the concern being investigated), 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.

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.

9. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data and other information relating 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 Sections

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. A reasonable time for compliance with a new or amended surface water quality standard, other than those standards addressed in Rule 62-302.500, F.A.C., shall include a reasonable time to obtain or be denied a mixing zone for the new or amended standard.

11. This permit is transferable only upon Department approval in accordance with Rules 62-

4.120 and 62-730.300, 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:

a. Determination of Best Available Control Technology (BACT)

b. Determination of Prevention of Significant Deterioration (PSD)

c. Certification of compliance with State Water Quality Standards (Section 401, PL

92-500)

d. 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:

i. the date, exact place, and time of sampling or measurements;

ii. the person responsible for performing the sampling or measurements;

iii. the dates analyses were performed;

iv. the person responsible for performing the analyses;

v. the analytical techniques or methods used;

vi. 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.

SPECIFIC CONDITIONS

B. Construction Activities

1. Permit Modification All construction must be in accordance with this permit. Before commencing work on project changes for which a construction permit modification is required pursuant to Rule 62-555.536(1), F.A.C., the permittee shall submit to the Department a written request for a permit modification. Each such request shall be accompanied by one copy of a revised construction permit application, the proper processing fee and one copy of either a revised preliminary design report or revised drawings, specifications and design data. [F.A.C.

Rule 62-555.536].

2. Professional Engineer Supervision

Permitted construction or alteration of public water supply systems must be supervised during construction by a professional engineer registered in the State of Florida if the project was designed under the responsible charge of a professional engineer licensed in the State of Florida. The permittee must retain the service of a professional engineer registered in the State of Florida to observe that construction of the project is in accordance with the engineering plans and specifications as submitted in support of the application for this permit. [F.A.C. Rule 62-555.520(3)].

3. Artifacts If prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoe remains, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, the permitted project should cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries. The permittee, or other designee, should contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section by telephone at 850.245.6333 or 800.847.7278, as well as the appropriate permitting agency office. Project activities should not resume without verbal and/or written authorization from the Division of Historical Resources and the permitting agency. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, F.S.

4. Delays and Extension of Permit

If delays will cause project completion to extend beyond the expiration date of this permit, the permittee shall submit to the Department a request to extend the expiration date of this permit including the appropriate processing fee. This request shall specify the reasons for the delay and shall be submitted to the Department for approval prior to the expiration date of this permit. Note that no specific construction permit shall be extended so as to remain in effect longer than five years. [F.A.C. Rule 62-555.536(4)].

5. Permit Transfer In accordance with General Condition #11 of this permit, this permit is transferable only upon Department approval. Persons proposing to transfer this permit must apply jointly for a transfer of the permit within 30 days after the sale or legal transfer of ownership of the permitted project that has not been cleared for service by the Department using form, 62-555.900(8), Application for Transfer of a PWS Construction Permit along with the appropriate fee. [F.A.C. Rule 62-555.536(5)]

6. Obligation to Obtain Other Permits This permit satisfies Drinking Water permitting requirements only and does not authorize construction or operation of this facility prior to obtaining all other necessary permits from other program areas within the Department, or required permits from other state, federal, or local agencies.

7. Limits on Authorizing Connections This permit is for CONSTRUCTION ONLY of the components found on Page 1 of this permit. This permit shall not infer that the clearance necessary for connection will be granted. Partial clearance may be granted, if required.

8. Contamination If contamination is found at the construction site, work shall be stopped and the proper authorities notified. With the approval of the Department, ductile iron pipe and fittings, and solvent resistant gaskets materials shall be used in the contaminated area. The ductile iron pipe shall extend 100 feet beyond any solvent noted. Any contaminated soil that is excavated shall be placed on an impermeable mat, covered with waterproof covering, and held for disposal. If the site cannot be properly cleaned, then consultation with the Department is necessary prior to continuing with the project construction.

9. Wetlands Jurisdiction This permit does not constitute approval of construction on jurisdictional wetland areas;

therefore, such approval must be obtained separately from the Water Management District or from DEP Environmental Resource Permitting (ERP) Section, as applicable. Permittee shall provide a copy of the permit approval to the Department when water main installation involves activities on wetlands.

10. Security

Permittee shall ensure that the well and drinking water treatment facilities will be protected to prevent tampering, vandalism, and sabotage as required by Rules 62-555.315(1) and 62- 555.320(5), F.A.C.

C. Construction Standards

1. National Sanitation Foundation (NSF) All products, including paints, which shall come into contact with potable water, either directly or indirectly, shall conform to National Sanitation Foundation (NSF) International, Water Chemicals Codex, Food Chemicals Codex, American Water Works Association (AWWA) Standards and the Food and Drug Administration, as provided in Rule 62-555.320(3), F.A.C.

2. American Water Works Association (AWWA) Water supply facilities, including mains, pipe, fittings, valves, fire hydrants, and other materials shall be installed in accordance with the latest applicable AWWA Standards and Department rules and regulations. The system shall be pressure and leak tested in accordance with AWWA Standard C600 C603, or C605, as applicable, and disinfected in accordance with AWWA Standard C651-653, as well as in accordance with Rule 62- 555.340, F.A.C.

3. Lead Free

The installation or repairs of any public water system, or any plumbing in residential or nonresidential facilities providing water for human consumption, which is connected to a public water system shall be lead free in accordance with Rule 62-555.322, F.A.C.

4. Asbestos

If any existing asbestos cement (AC) pipes are replaced under this permit, the permittee shall do so in accordance with the applicable rules of Federal Asbestos Regulation and Florida DEP requirements. For specific requirements applicable to AC pipes, the permittee should contact the Central District Office by telephone at (407) 897-4100 prior to commencing any such activities. Please be aware that a notification is required to be submitted to the Department at least 10 days prior to the start of a regulated project.

5. Hazard and Reuse Setbacks Setback distances between potable water wells and sanitary hazards shall be in accordance with Rule 62-555.312, F.A.C. Reclaimed water land application areas, if applicable, must not be located within the setback distance from potable water supply wells established in Chapter 62-610, F.A.C.

This project received a variance from the Marion County Health Department (Marion County Variance No. 42-2022-01) to place the well within the required setback zone for septic systems.

6. Line Separation Permittee shall maintain vertical clearance and horizontal separation between water mains and sanitary sewers, storm sewers, etc. unless approved otherwise by the Department, as provided in Rule 62-555.314, F.A.C., and Section 8.6 of Recommended Standards for Water Works, a manual adopted by reference in Rule 62-555.330(3), F.A.C.

7. Color Coding of Pipes The new or altered aboveground piping at the drinking water treatment plant shall be color coded and labeled as recommended in Section 2.14 of “Recommended Standards for Water Works, 1997 Edition”. [F.A.C. Rule 62-555.320(10)]

8. Cross Connections Permittee shall ensure that there shall be no cross-connection with any non-potable water source in accordance with Rule 62-555.360, F.A.C.

D. Operational Requirements

1. Operation and Maintenance to comply with Water Quality Standards The supplier of water shall operate and maintain the public water system so as to comply with applicable standards in Chapter 62-550 and Rule 62-555.350, F.A.C.

2. Operation and Maintenance Manual

The permittee shall provide an operation and maintenance manual for the new or altered treatment facilities to fulfill the requirements under Rule 62-555.350(13), F.A.C. The manual shall contain operation and control procedures, and preventative maintenance and repair procedures, for all plant equipment and shall be made available for reference at the plant or at a convenient location near the plant. Bound and indexed equipment manufacturer manuals shall be considered sufficient to meet the requirements of the subsection.

3. Monthly Operating Reports (MORs) The permittee shall submit monthly operation reports (MORs), DEP Form 62-555.900(3), for the groundwater treatment, to the Department, no later than the tenth of each succeeding month. Systems with multiple treatment plants must also submit DEP Form 62-555.900(11) entitled “Monthly Operation Report for Summation of Finished-Water Production by CWSs That Have Multiple Treatment Plants.”

4. Record Drawings The permittee shall have complete record drawings produced for the project in accordance with Rule 62-555.530(4), F.A.C.

5. State Watch Office

The permittee or suppliers of water shall telephone the State Watch Office (SWO), at 1- 800-320-0519 immediately (i.e., within two hours) after discovery of any actual or suspected sabotage or security breach, or any suspicious incident, involving a public water system in accordance with Rule 62-555.350(10), F.A.C.

1. Chlorine Residual

The Water Treatment Plant shall maintain throughout the distribution system, a minimum continuous and effective free chlorine residual of 0.2 mg/L (or its equivalent). A minimum system pressure of 20 psi must be maintained throughout the system. Also, safety equipment shall be provided and located outside of chlorine room.

F. Clearance Requirements

1. Clearance Letter The permittee must instruct the engineer of record to request system clearance from the Department within sixty (60) days of completion of construction, testing and disinfecting the system. Bacteriological test results shall be considered unacceptable if the test were completed more than 60 days before the Department received the results. [F.A.C. Rule 62-555.340(2)(c)]

Permitted construction or alteration of a public water system may not be placed into service until a letter of clearance has been issued by this Department. [F.A.C. Rule 62- 555.345]

2. Requirements to Obtain Clearance

After submitting the permit clearance package, the permittee shall contact the Department by telephone at 407.897.4100 or by email at DEP_CD@FloridaDEP.gov to establish a date/time for an inspection of the components contained in this permit.

a. The engineer’s Certification of Construction Completion and Request for Clearance to Place Permitted PWS Components Into Operation {DEP Form 62-555.900(9)};

b. Certified record drawings, if there are any changes noted for the permitted project.

c. The following water quality tests for community well must be performed:

i. Primary Inorganics;

ii. Turbidity;

iii. Synthetic Organic Contaminants (SOCs);

iv. Volatile Organic Compounds (VOCs);

v. Gross Alpha Radioactivity & Radium 228;

vi. Secondary contaminants;

vii. Total Sulfide, alkalinity, dissolved iron, pH and dissolved oxygen

d. Submit a 10- day sample bacteriological well survey for Well No. 4 conducted, in accordance with Rule 62-555.315, F.A.C, if available. A new10-sample bacteriological well survey for the new well will not be required for the issuance of the permit but will be required prior to the issuance of clearance. Results must not be more than 60 days old when the Department receives the results. [62-555.315 (6), F.A.C.]

e. Copy of a satisfactory pressure test of the process piping, if applicable, performed in accordance with AWWA Standards. [F.A.C. Rule 62-555.320(21)(a)(1)]

f. Analytical results from two consecutive days of satisfactory bacteriological samples from locations found in paragraph 3 below.

g. Provide evidence that the required operation and maintenance manual for the WTP is in place, which will be updated thereafter as necessary to reflect plant modifications.

The manual shall contain operation and control procedures, and preventive maintenance and repair procedures, for all plant equipment and shall be made available for reference at the plant or at a convenient location near the plant. Bound and indexed equipment manufacturer manuals shall be considered sufficient to meet the requirements of this subsection. Submit a scanned copy of the O and M Manual pertaining to the newly installed components.[F.A.C. 62-555.350 (13)]

3. Cleaning, Disinfecting, and Bacteriological Samples

The new facilities shall be cleaned, disinfected, and bacteriologically cleared in accordance with Chapter 62-555, F.A.C. The bacteriological clearance data shall be submitted to the Department with the engineer's certification of construction completion.

[F.A.C. 62-555.340 and 62-555.315(6)(b),] mailto:DEP_CD@FloridaDEP.gov

In order to facilitate the issuance of a letter of clearance, the Department requests that all of the above information be submitted as one package.

Please submit the entire clearance document package in electronic format to DEP_CD@FloridaDEP.gov. If the file is very large, you may post it to the Water Electronic Submittal folder on the Central District’s ftp site at:

ftp://ftp.dep.state.fl.us/pub/incoming/Central_District/Water%20Electronic%20Applications.

After posting the document, send an e-mail to DEP_CD@FloridaDEP.gov, alerting us that it has been posted.

Any submitted drawings (should be sized 11” x 17”) and the engineer of record’s signed seal and dates on the required document must be legible for acceptance.

Forms: http://www.dep.state.fl.us/water/drinkingwater/forms.htm

As an alternative to submitting the requests to place Potable Water System components into operation, the permittee may submit a request for clearance on the DEP Business Portal. Use of the Business Portal often results in shorter processing time. Permittees with frequent requests may find this function beneficial. Electronic Requests for PWS Component certification may be made at https://www.fldepportal.com/DepPortal/go/submit-registration.

ftp://ftp.dep.state.fl.us/pub/incoming/Central_District/Water%20Electronic%20Applications/ http://www.dep.state.fl.us/water/drinkingwater/forms.htm https://www.fldepportal.com/DepPortal/go/submit-registration

In the matter of an Application for Permit by:

Katie Sweetman, P.E., Utilities Engineer DEP File No. 0080421-079-WC Brevard County Utility Services County: Brevard 2725 Judge Fran Jamieson Way, A-213 Viera, FL 32940-6602 Utility.development@brevardfl.gov

NOTICE OF PERMIT ISSUANCE

Enclosed is Permit Number 0080421-079 WC for the equipping and connecting of Well #13 to the City of Mims Water Treatment Plant (WTP), issued pursuant to Section 403.861(9), Florida Statutes.

This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until a subsequent order of the Department. Because the administrative hearing process is designed to formulate final agency action, the subsequent order may modify or take a different position than this action.

Petition for Administrative Hearing 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, F.S. Pursuant to Rules 28-106.201 and 28-106.301, F.A.C., a petition for an administrative hearing 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, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; 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 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

ORLANDO FLORIDA 32803

mailto:Utility.development@brevardfl.gov

Brevard County Utility Services DEP File No.: 0080421-079-WC

(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.

The petition 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, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.

Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 14 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), F.S., must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision and the right of substantially affected persons to challenge this decision has been duly published or otherwise provided to all persons substantially affected by the decision. While you are not required to publish notice of this action, you may elect to do so pursuant Rule 62-110.106(10)(a).

The failure to file a petition 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, F.S., or to intervene in this proceeding and participate as a party to it. 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, F.A.C. If you do not publish notice of this action, this waiver may not apply to persons who have not received a clear point of entry.

Extension of Time 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, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a petition for an administrative hearing. 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.

Mediation Mediation is not available in this proceeding.

Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (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 30 days from the date this action is filed with the Clerk of the Department.

http://web2.westlaw.com/find/default.wl?ordoc=I0C7293C0912311DB8F8F8100D79B57CF&rp=%2ffind%2fdefault.wl&DB=1000006&DocName=FLSTS120%2E569&FindType=L&AP=&rs=WLW9.08&ifm=NotSet&fn=_top&sv=Split&mt=Florida&utid=4&vr=2.0&pbc=38B33E51

EXECUTION AND CLERKING

Executed in Orange County, Florida.

Enclosures: Permit No. 0080421-079-WC

CERTIFICATION OF SERVICE

The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons:

Jennifer Ribotti, P.E., Tetra Tech, jennifer.ribotti@tetratech.com FDEP: Reggie Phillips, Jill Farris, Jason Seyfert, Dan Shideler, Allison Chancy

FILING AND ACKNOWLEDGEMENT

FILED, on this date, under Section 120.52(7), Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged.

Clerk Date mailto:jennifer.ribotti@tetratech.com

PERMITTEE PWS ID NUMBER:3050834

Brevard County Utility Services PERMIT NUMBER: 0080421-079-WC 2725 Judge Fram Jamieson Way, A-213 DATE OF ISSUANCE: August 1, 2024 Viera, FL 32940-6602 EXPIRATION DATE: July 31, 2029 COUNTY: Brevard

PROJECT: City of Mims WTP Well # 13

This permit is issued under the provisions of Chapter 403, Florida Statutes (F.S.), and Florida Administrative Code (F.A.C.) Chapters 62-4, 62-550, 62-555, and 62-560. The above-named permittee is hereby authorized to perform the work or operate the facility shown on the application and approved drawings, plans, and other documents attached hereto or on file with the Department and made a part hereof and specifically described as follows:

TO CONSTRUCT: Equip and Connect Well #13 to the City of Mims WTP.

There will be no change in the permitted capacity of the plant.

PROPOSED CONSTRUCTION INCLUDES THE FOLLOWING COMPONENTS:

1. Construction and installation of a 12-inch public water supply well including;

a) A 12-inch groundwater well (SJRWMD Permit # 167764-1) constructed to a depth of 77’ with a casing depth of 77’, a static water level of 7.69’ from the top of the casing, well vent, smooth nosed downward facing raw water tap, check valve, blow-offs, a 6’x6’x4” concrete apron, and 80 LF of 6-inch DIP raw water main.

b) a 20-hp, Grundfos Submersible Pump rated at 318 gpm at 183.2’ of Total Dynamic Head

(TDH).

IN ACCORDANCE WITH: The construction plans, engineering report, and specifications received on May 17, 2024, and additional information received on July 25, 2024.

LOCATION: This project is located along Indian River Parkway, Viera, Florida.

Well location: (Lat:28, 41, 6.468 /Lon 80, 52, 7.96)

ORLANDO FLORIDA 32803

This permit does not pertain to any wastewater, storm water, or dredge and fill aspects of the project. Work must be conducted in accordance with the General and Specific Conditions, attached hereto.

The permittee shall be aware of and operate under the Permit Conditions below. These applicable conditions are binding upon the permittee and enforceable pursuant to Chapter 403, F.S. [F.A.C. Rule 62-555.533(1)].

A. GENERAL CONDITIONS

1. The terms, 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 acknowledgment 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 (reasonable time may depend on the nature of the concern being investigated), 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.

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.

9. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data and other information relating 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 Sections

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. A reasonable time for compliance with a new or amended surface water quality standard, other than those standards addressed in Rule 62-302.500, F.A.C., shall include a reasonable time to obtain or be denied a mixing zone for the new or amended standard.

11. This permit is transferable only upon Department approval in accordance with Rules 62-

4.120 and 62-730.300, 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:

a. Determination of Best Available Control Technology (BACT)

b. Determination of Prevention of Significant Deterioration (PSD)

c. Certification of compliance with State Water Quality Standards (Section 401, PL

92-500)

d. 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:

i. the date, exact place, and time of sampling or measurements;

ii. the person responsible for performing the sampling or measurements;

iii. the dates analyses were performed;

iv. the person responsible for performing the analyses;

v. the analytical techniques or methods used;

vi. 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.

SPECIFIC CONDITIONS

B. Construction Activities

1. Permit Modification All construction must be in accordance with this permit. Before commencing work on project changes for which a construction permit modification is required pursuant to Rule 62-555.536(1), F.A.C., the permittee shall submit to the Department a written request for a permit modification. Each such request shall be accompanied by one copy of a revised construction permit application, the proper processing fee and one copy of either a revised preliminary design report or revised drawings, specifications and design data. [F.A.C.

Rule 62-555.536].

2. Professional Engineer Supervision

Permitted construction or alteration of public water supply systems must be supervised during construction by a professional engineer registered in the State of Florida if the project was designed under the responsible charge of a professional engineer licensed in the State of Florida. The permittee must retain the service of a professional engineer registered in the State of Florida to observe that construction of the project is in accordance with the engineering plans and specifications as submitted in support of the application for this permit. [F.A.C. Rule 62-555.520(3)].

3. Artifacts If prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoe remains, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, the permitted project should cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries. The permittee, or other designee, should contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section by telephone at 850.245.6333 or 800.847.7278, as well as the appropriate permitting agency office.