64E-8.009. Variances

(1) The supplier of any Limited Use Public, Multi family or Private Water System may request a variance from the requirements of this chapter by submitting the following to the CHD:

(a) A completed Form DH 4094 (Section I only), Application for Variance from Chapter 64E-8, F.A.C. Form DH 4094, effective 9/07, is hereby adopted and incorporated by reference, and can be obtained from the Department of Health, Division of Environmental Health/Water Programs at: 4052 Bald Cypress Way, Bin #C22, Tallahassee, Florida 32399-1742, at www.doh.state.fl.us/environment/water/manual/encl1.htm, or from the CHD.

(b) A statement of hardship.

(c) A site plan. The plan shall be a minimum size of 8.5 x 11 inches and of sufficient clarity for reproduction.

(d) Any applicable well completion reports.

(e) Any applicable water quality analysis results.

(f) Any other information necessary for rendering a decision including information pertaining to the items listed in subsection (4), below. The burden of presenting pertinent and supportive facts shall be the responsibility of the applicant.

Upon receipt of all application materials, the CHD shall review such variance applications, make a recommendation to the Department by completing Section II of Form DH 4094, 9/07, and forward all application materials to the Division of Environmental Health/Bureau of Water Programs.

(2) Upon consideration of each application and the recommendations of the Water Management District and the CHD, the Department’s Division of Environmental Health/Bureau of Water Programs has the authority to grant a variance, grant a provisional variance or deny the variance request. The Department will consider granting a variance to prevent excessive hardship in cases involving minor deviation from established standards, when the hardship was not caused intentionally by the applicant, where no reasonable alternative exists and where proper use of the system will not adversely affect public health. Special consideration shall be given to lots platted prior to 1972 or granted a variance under Rule Chapter 64E-6, F.A.C.

(a) When approving a variance request, the Department may require provisos including, but not limited to:

1. Minimum well casing depth to achieve a satisfactory vertical separation from sanitary hazards, based on the depth and location of confining layers or other geological features.

2. Rotary well construction with full grouting of the well casing with neat cement or driven well construction with grouting of the top twenty (20) feet and bottom five (5) feet with neat cement, per subparagraph 62-532.500(2)(f)3. or 4., F.A.C.

3. Satisfactory water quality analysis for total coliform, Nitrate, or other likely contaminants of concern.

4. Increased water quality monitoring frequency for Limited Use Public Water Systems.

5. Installation of water treatment equipment.

6. Connection to a municipal public water system if one eventually becomes available.

(b) Variances for proposed water system construction expire eighteen (18) months after approval. The expiration date may be extended if necessary to coincide with the expiration date of the associated water system construction permit or well construction permit issued by the Water Management District or delegate agency.

(c) Emergency approval of variance requests may be granted by the Department’s Division of Environmental Health/Bureau of Water Programs in cases of extreme hardship.

(3) For variance requests for private water system replacement wells only, for separations between fifty (50) and seventy-five (75) feet from a septic system or sanitary hazard as defined in subsection 62-532.400(7), F.A.C., Table 1, the CHD has the authority to grant a variance, grant a provisional variance or deny the variance request based on the same criteria specified in subsections (2), above, and (4), below.

(4) In granting or denying a variance, the Department shall consider:

(a) Historical water quality.

(b) Age and condition of system components and the likelihood it will continue to provide potable water.

(c) Size of cone of influence and protection of source from contamination.

(d) Amount of deviation from the standards.

(e) Type and degree of consumer exposure.

(f) Economic hardship.

(g) Alternative potable water availability.

(h) Geological characteristics of the well.

Rulemaking Authority 403.862(1)(f), 381.006 FS. Law Implemented 381.006(1), 381.0062, 403.862(1)(f) FS. History– New 1-1-93, Amended 8-20-96, Formerly 10D-4.032, Amended 1-26-98, 1-24-00, 5-4-08.