STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF CONSENT ORDER
The Department of Environmental Protection (Department) gives notice of agency
action of entering into a First Amendment with CITY OF MILTON pursuant to section
DEP vs. City of Milton
First Amended Consent Order, OGC No. 22-2517B
120.57(4), Florida Statutes. The Frist Amendment addresses the domestic wastewater facility at 5903 Municipal Road, in Santa Rosa County, Florida. The First Amendment 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 Department of Environmental Protection, 160 West Government Street, Suite 308, Pensacola, Florida 32502.
Persons who are not parties to this First Amendment, but whose substantial interests
are affected by it, have a right to petition for an administrative hearing under sections 120.569 and 120.57, Florida Statutes. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition concerning this First Amendment means that the Departments final action may be different from the position it has taken in the First Amendment.
The petition for administrative hearing must contain all of the following information:
a) The name and address of each agency affected and each agencys 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 petitioners
representative, if any, which shall be the address for service purposes during the
course of the proceeding; and an explanation of how the petitioners 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 the
petitioner contends warrant reversal or modification of the agencys proposed action;
f) A statement of the specific rules or statutes the petitioner contends require reversal
or modification of the agencys 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
petitioner wishes the agency to take with respect to the agencys proposed action.
The petition must be filed (received) at the Department's Office of General Counsel,
3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 or received via
electronic correspondence at
[email protected], within 21 days of receipt of this notice. A copy of the petition must also be mailed at the time of filing to the District Office at 160 West Government Street, Suite 308, Pensacola, Florida 32502. Failure to file a petition within the 21-day period constitutes a persons waiver of the right to request an administrative hearing and to participate as a party to this proceeding under sections 120.569 and 120.57,
Florida Statutes. Before the deadline for filing a petition, a person whose substantial interests are affected by this First Amendment may choose to pursue mediation as an alternative remedy under section 120.573, Florida Statutes. Choosing mediation will not adversely affect such persons right to request an administrative hearing if mediation does not result in a settlement. Additional information about mediation is provided in section 120.573, Florida Statutes and Rule 62-110.106(12), Florida Administrative Code.
November 1,3,2024 10721571