NOTICE OF INTENT TO ISSUE MODIFICATION OF POWER PLANT CERTIFICATION
The Florida Department of Environmental Protection (Department) hereby provides notice of an intent to modify Power Plant Certification Conditions issued pursuant to the Florida Electrical Power Plant Siting Act, Section 403.501, et seq., Florida Statutes. A Proposed Final Order has been prepared in accordance with subsection 62-17.211(4), F.A.C., concerning the Hillsborough County Resource Recovery Facility in
On September 19, 2006, the Siting Board approved a consolidated final order for certification of an expansion of the Hillsborough County Resource Recovery Facility to add a new 600-ton-per-day mass burn unit subject to Conditions of Certification. It has since come to the attention of the Department that two conditions were erroneously left out of the Conditions of Certification authorized under that order. The last two items listed in Section 6.2 on the DOT transmittal to FDEP dated April 2006 from the Florida Department of Transportation represent the basis for this modification.
Pursuant to Section 403.516, Florida Statutes (“F.S.”), and Rule 62-17.211, Florida Administrative Code (“F.A.C.”), all parties to the certification proceeding have 45 days from the issuance of this notice by mail to such party’s last address of record in which file a written objection to the modification. A public notice will also be published in the Florida Administrative Weekly (“F.A.W.”) and on the Department’s internet home page at http://www.dep.state.fl.us/ under the link or button titled “Official Notices” regarding this Intent to Modify the Conditions of Certification. Any person who is not already a party to the certification proceeding and whose substantial interests will be affected by the requested modification has 30 days from the date of publication of the public notice in the FAW to object in writing.
Written objections must be filed (received) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, MS 35, Tallahassee, Florida 32399-3000. If the Department does not receive any written objections, then an Order Modifying the Conditions of Certification shall be issued by the Department. If written objections are timely filed which address only a portion of the modification, then pursuant to subparagraph 62-17.211(1)(b)5., F.AC., the Department shall issue an Order approving that portion of the modification to which no objections were filed, unless that portion of the modification is substantially related to or necessary to implement the portion to which written objections are filed. If written objections are raised, then pursuant to Section 403.516(1)(c), F.S., the applicant may file a petition for modification with the Department and the Division of Administrative Hearings seeking approval for those portions of the modification to which written objections were timely filed.
Mediation is not available in this proceeding.
Any questions regarding this Intent to Modify Conditions of Certification should be directed to Michael P. Halpin at (850)245-8002. Questions regarding legal issues should be referred to the Department’s Office of General Counsel at (850)245-2283. Such contact with any of the above does not constitute an objection to the modification.
A copy of the proposed modification order is available from: Michael P. Halpin, P.E., Administrator, Siting Coordination Office, Department of Environmental Protection,