Fort Walton Beach Council agenda — 06-26-12 regular — reading text

General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399 -3000 within 21 days of receipt of this BSRA; such a request should be made if you wish to meet with the Department in an attempt to informally resolve any disputes without first filing a petition for hearing. Or ii) File a petition for administrative hearing with the Agency Clerk of the Department in the Office of the General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399 -3000 within 21 days of receipt of this BSRA. Please be advised that mediation of this decision pursuant to § 120. 573, F. S., is not available. How to Request an Extension of Time to File a Petition for Hearing: For good cause shown, pursuant to Rule 62- 110. 106( 4), F. A.C., the Department may grant a request for an extension of time to file a petition for hearing. Such a request shall be filed with ( received by) the Agency Clerk Page 9 of 14 Ft Walton Beach BSRA Miracle Strip Parkway  grlm ruawaau6y uoperglgegaa Plallumoj8 : 098 MS 6emxPed duns aloeilW SZ - VUSa leuld guawgoerry w a City of Fort Walton Beach a Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF661101001 m n of the Department in the Office of the General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, within 21 days of receipt of this BSRA. Petitioner shall mail a copy of the request to the PRFBSR at the time of filing. Timely filing a request for an extension of time tolls the time period within which a petition for administrative hearing must be made. How to File a Petition for Administrative Hearing: A person whose substantial interests are affected by this BSRA may petition for an administrative proceeding ( hearing) under § § 120. 569 and 120. 57, F. S. The petition must contain the information set forth below and must be filed with ( received by) the Agency Clerk of the Department in the Office of the General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399 -3000, within 21 days of receipt of this BSRA. Petitioner shall mail a copy of the petition to the PRFBSR at the time of filing. Failure to file a petition within this time period shall constitute a waiver of any right to request an administrative proceeding under Chapter 120, F. S. Pursuant to § 120. 569(2), F. S., and Rule 28- 106.201, F.A.C., a petition for administrative hearing shall contain the following information: 1. The name, address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner' s representative, if any; the PRFBSR' s name and address; the Department' s Brownfield Area and Brownfield Site Identification Numbers, and the name and address of the Brownfield Site; the name and address of each agency affected; 2. A statement of when and how each petitioner received notice of the Department' s action or proposed action, 3. An explanation of how each petitioner' s substantial interests are or will be affected by the Department' s action or proposed action; 4. A statement of the disputed issues of material facts, or a statement that there are no disputed facts; 5. A concise statement of the ultimate facts alleged, including a statement of the specific facts the petitioner contends warrant reversal or modification of the Department' s action or proposed action; Page 10 of 14 Ft Walton Beach BSRA Miracle Strip Parkway  gllm luawaajBV uouellllgeLlaN plal} umois : OSBL) Ms Aem)lmd diiIS alaeilW SZ - VUSa leul j :luawgae73tl w m a City of Fort Walton Beach Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF661101001 n Y vm o. 6. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the Department' s action or proposed action; and 7. A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Department' s action or proposed action. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department' s final action may be different from the position taken by it in this BSRA. Persons whose substantial interests will be affected by any such final decision of the Department have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. 20. JUDICIAL REVIEW Except for the PRFBSR, any party has the right to seek judicial review of this BSRA under § 120. 68, F.S., by filing a notice of appeal under Rule 9. 110 of the Florida Rules of Appellate Procedure with the Agency Clerk of the Department in the Office of the General Counsel at 3900 Commonwealth Boulevard, Mail Station 35, 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 of appeal must be filed within 30 days after this BSRA is filed with the clerk of the Department ( see below). 21. CONTACTS FOR GENERAL AND LEGAL QUESTIONS Any questions about the content of this BSRA, the Department' s review of the BSRA, or technical questions should be directed to the Department' s District Brownfields Coordinator at: Alex Webster, PG Brownfields Coordinator Florida Department of Environmental Protection Northwest District Office 160 West Government Street, Suite 308 Pensacola, Florida 32502 -5794 Phone Number: 850. 595. 0664 Page 11 of 14 Ft Walton Beach BSRA Miracle Strip Parkway  411M 3uawaaj6V u011e11llge4am plauumois : 0980 MS AE- Ved dIAS alaejlW gZ - VHSe leuld : 1uaw43e11V „ m a City of Fort Walton Beach o, a Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF661101001 1 a or to the PRFBSR' s representative at: Roger B. Register Branch Manager, Director Cardno TBE 2420 Lakeshore Drive, Suite 100 Tallahassee, FL 32312 Phone Number: 850. 385. 8232 Questions regarding legal issues should be referred to the Department' s Brownfields Program Attorney in the Office of General Counsel at ( 850) 245 -2242. Contact with any of the above does not constitute a petition for administrative hearing or request for an extension of time to file a petition for administrative hearing. 22. ENTIRETY OF AGREEMENT This BSRA represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this BSRA shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this BSRA, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 12 of 14 Fl Walton Beach BSRA Miracle Strip Parkway  Lillis, luawaai6V u01W11114e4a21 plallui :0580 MS Aew8Jed dp1S aloenW SZ - V8S8 leuld : luawyaellV w City of Fort Walton Beach w a Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF661101001 Y u a IN WITNESS WHEREOF, each of the parties has made and executed this Brownfield Site Rehabilitation Agreement on the date set forth for each signature of each representative below: Emile D. Hamilton, Director Northwest District, State of Florida Department of Environmental Protection, and the City of Foil Walton Beach, the Person Responsible for Brownfield Site Rehabilitation, signing by and through Mike Anderson, Mayor, duly authorized to execute