Notice of receipt of this petition was published in the Florida Administrative Weekly on October 5, 2007. The petition requested a temporary variance for the Florida Citrus Center #400, DEP facility number 608516858 in Wildwood, Florida, from Rule ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-761.500: Performance Standards for Category C Storage Tank Systems

NOTICE IS HEREBY GIVEN THAT on November 6, 2007, the Department of Environmental Protection has issued an order.

Notice of receipt of this petition was published in the F.A.W. on October 5, 2007. The petition requested a temporary variance for the Florida Citrus Center #400, DEP facility number 608516858 in Wildwood, Florida, from subsection 62-761.500(8), F.A.C. This rule requires that small diameter piping in contact with soil have secondary containment. Instead, Petitioner requested that it be allowed to operate its double-walled piping as single-walled piping with monthly tightness tests. No public comment was received. The Order, OGC file number 07-1706, denied the petition based on Petitioner’s failure to demonstrate that a strict application of the rule would result in substantial hardship to Petitioner, would affect Petitioner differently than any other similarly situated applicants and because Petitioner had not successfully fulfilled the requirements of the underlying statute by other means. Additionally, Petitioner’s request violates subparagraph 62-761.700(1)(a)1., F.A.C., which requires that repairs must be performed on any component that has operational or structural problems that could potentially result in a discharge or release.

A copy of the Order may be obtained by contacting: John Svec, Department of Environmental Protection, MS 4525, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, [phone].