NOTICE OF INTENT TO ISSUE PROPOSED

MODIFICATION OF POWER PLANT CERTIFICATION

The Florida Department of Environmental Protection (Department) hereby provides notice of an intent to modify the Power Plant Conditions of Certification (COC) issued pursuant to the Florida Electrical Power Plant Siting Act, Chapter 403.501 et seq., Florida Statutes (F.S.), concerning: North Broward Resource Recovery Facility, Power Plant Siting Application No. PA86-22J, OGC Case No. 10-1805. On June 7, 2010 the Department received a request to modify the COC for the North Broward Resource Recovery Facility from Wheelabrator North Broward, Inc. pursuant to Section 403.516(1)(c), F.S., to allow the installation and operation of a metal recovery facility. The applicant also requested the removal of specific federal air emissions requirements currently under the purview of the federal TV air operation permit, and requirements to send copies of air related monitoring and reporting documents to the Broward County Department of Planning and Environmental Protection. The Department proposes to modify the COC to reflect the requested changes and to incorporate Department initiated updates. A copy of the proposed modification may be obtained by contacting Michael P. Halpin, P.E., Administrator, Siting Coordination Office, Department of Environmental Protection, 3900 Commonwealth Boulevard, MS 48, Tallahassee, Florida 32399-3000, (850)245-2002. Pursuant to Section 403.516(1)(c)2., F.S., parties to the certification hearing have 45 days from issuance of notice to such party’s last address of record in which to object to the requested modification. Failure of any of the parties to file a response will constitute a waiver of objection to the requested modification. Any person who is not already a party to the certification hearing and whose substantial interest is affected by the requested modification has 30 days from the date of publication of this public notice to object in writing. The written objection must be filed (received) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida, 32399-3000. If no objections are received, then a Final Order approving the modification shall be issued by the Department. If objections are raised and agreement cannot be subsequently reached, then pursuant to Section 403.516(1)(c)3., F.S. and Rule 62-17.211, Florida Administrative Code (F.A.C.), PEF or the Department may file a request for a hearing with the Department and the Division of Administrative Hearings on those portions of the request for modification to which written objections were timely filed. The request for hearing will be handled pursuant to Chapter 120, F.S., and in accordance with Section 403.516(1)(c)4., F.S. and subparagraph 62-17.211(1)(b)7., F.A.C. Mediation is not available in this proceeding.