62C-16.0045. Variances

(1) All applications for a variance, pursuant to Section 378.212, F.S., shall be in accordance with these rules. The Department shall review the application within a reasonable period of time and, if the Department determines the application to be incomplete, the applicant shall be afforded an opportunity to supply additional information before the Department evaluates the merits of the application. The applicant shall address the following factors in the application:

(a) The statute or rule from which a variance is sought.

(b) The facts which show that a variance should be granted because of one of the reasons set forth in Sections 378.212(1)(a)-(g), F.S.

(c) The period of time for which the variance is sought, including the reasons and facts in support of the time limit.

(d) The requirements which can be met by the applicant, including the date or time when the requirements can be met.

(e) The steps or measures the applicant is taking or has taken to meet the requirements of the rule or statute from which the variance is requested.

(f) The social, economic, and environmental impacts on the applicant and residents of the area and the state, if the variance is granted.

(g) The social, economic, and environmental impacts on the applicant and residents of the area and the state, if the variance is denied.

(2) Renewals of variances shall be applied for in the same manner as for the initial variance.

(3) Variances may be issued for the life of the facility, or such shorter period of time as may be appropriate. Variances issued for more than five years shall be reviewed by the Secretary at least every five years to assure that the factors justifying the issuance of the variance have not changed so as to make the variance unnecessary. Any order granting a variance for more than five years shall require the operator to submit, at least once every five years, the information necessary to allow the Secretary to conduct this review.

(4) The action taken by the Secretary shall be proposed agency action and notice of the action shall be published by the Department in accordance with Section 378.212, F.S. The notice shall contain the following:

(a) Name of the applicant, brief description of the variance requested, and its location.

(b) Location of the application and its availability.

(c) Statement of the proposed action.

(d) Notification of an administrative hearing opportunity and time limitations.

(5) If no request for an administrative hearing is received by the Department within 14 days from the date of publication of the notice, the action taken by the Secretary shall be final agency action.

Rulemaking Authority 378.205 FS. Law Implemented 378.212 FS. History–New 2-22-87, Formerly 16C-16.004, Amended 5-28-06.