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2004-041
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2004-041
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Entry Properties
Last modified
8/24/2016 1:21:16 PM
Creation date
9/30/2015 7:21:41 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/09/2004
Control Number
2004-041
Agenda Item Number
7.R.
Entity Name
Florida Department of Environmental Protection
Subject
Authorization for Remediation
South Gifford Landfill Remediation Project
Area
South Gifford Landfill
Archived Roll/Disk#
3209
Supplemental fields
SmeadsoftID
3650
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32968 . Persons whose substantial interests are or will be affected by any decision of the <br /> Department with regard to this Agreement have a right to petition for an administrative hearing <br /> pursuant to Sections 120 . 569 and 120 . 57 , F.S . to challenge the Agreement. Any person has the right <br /> to comment or express opposition to the Agreement. <br /> A Petition pursuant to Sections 120 . 569 and 120 . 57 , F. S . must contain the information set <br /> forth below and must be filed (received) in the Department 's Office of General Counsel , 3900 <br /> Commonwealth Boulevard, Tallahassee, Florida 32399-3000, within 21 days of the date of this <br /> notice . A copy of the Petition must also be mailed at the time of filing to the District Office named <br /> above at the address indicated. Failure to file a Petition within the 21 days constitutes a waiver of <br /> any right such person has to an administrative hearing <br /> The Petition shall contain the following information : (a) The name , address , and telephone <br /> number of each petitioner; the Department's identification number for the Agreement and the county <br /> in which the subject matter or activity is located ; (b) A statement of how and when each petitioner <br /> received notice of the Agreement ; (c ) A statement of how each petitioner's substantial interests are <br /> affected by the Agreement; (d) A statement of the material facts disputed by petitioner, if any; (e) A <br /> statement of facts which petitioner contends warrant reversal or modification of the Agreement; (f) <br /> A statement of which rules or statutes petitioner contends require reversal or modification of the <br /> Agreement; (g) A statement of the relief sought by petitioner, stating precisely the action petitioner <br /> wants the Department to take with respect to the Agreement. <br /> The Department will accept comments and objections to the Agreement from any person for <br /> a period of 45 days from the date of this Notice. If the Department receives written notice of <br /> opposition to the Agreement and a request for a public meeting within the 45-day period, the <br /> Department shall provide for a public meeting. A request for a public meeting is not equivalent to a <br /> petition for formal or informal administrative hearing. Public meetings are not evidentiary in nature , <br /> and comments or information submitted by mail or at a public meeting are for non-binding <br /> consideration only. Comments or a public meeting is not subject to court or appellate review . <br /> Failure to request a public meeting within the 45 -day period shall constitute a waiver of the right to <br /> a public meeting. <br /> (b) Indian River County shall provide the department with proof of the publication required <br /> by this paragraph within fourteen ( 14) days of receipt of the proof of publication . <br /> (c) Indian River County shall broadcast the following Radio Announcement over a licensed <br /> local commercial radio station of sufficient power to be clearly received in the area that may be <br /> affected by the Agreement. Broadcast of the notice shall occur between 8 : 00 a.m. and 10 : 00 p.m. <br /> Indian River County shall provide proof of broadcast to the Department within fourteen ( 14) days of <br /> the broadcast. <br /> RADIO BROADCAST <br /> The Florida Department of Environmental Protection gives notice that it has entered into an <br /> Agreed Authorization for Remediation with Indian River County. The Agreement addresses <br /> remedial action for soil contamination located at Indian River South Gifford Road Landfill , 4701 <br /> 41 " Street, Vero Beach , Indian River County, Florida. The Agreement authorizes operation of a <br /> temporary treatment unit and staging piles and grants a variance for disposal of certain treated soil <br /> that meets industrial/commercial cleanup target levels . A person who is substantially affected by <br /> Page 7 <br />
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