That on November 8, 2011, an order was issued granting the Town of Jay a variance. The Town of Jay filed its petition for variance on September 21, 2011, and notice of receipt of this petition was published in the Florida Administrative Weekly on ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-610.521: Setback Distances

The Department of Environmental Protection, Northwest District Office hereby gives notice:
That on November 8, 2011, an order was issued granting the Town of Jay a variance. The Town of Jay filed its petition for variance on September 21, 2011, and notice of receipt of this petition was published in the Florida Administrative Weekly on October 21, 2011. Town of Jay’s petition requested a variance from subsection 62-610.521(6), F.A.C., Part IV Rapid-Rate Land Application Systems for the two existing percolation ponds. The petitioner requested the variance to reduce the setback distance to a 22-foot setback distance from the property line to the inside toe of the dikes of the existing percolation ponds for the wastewater treatment facility. No public comment was received. The Order, file number FLA010206-009-DWF/VO [OGC Case No.: 11-1358], granted the Petition from the minimum 100-foot setback requirement to the Town of Jay, based on a showing that Petitioner demonstrated that a strict application of the rule would result in substantial hardship to Petitioner or would affect Petitioner differently than other similarly situated applicants and because Petitioner had successfully fulfilled the requirements of the underlying statute. The conditions of the order are:
a. Town of Jay, shall maintain the existing setbacks with a minimum of a 22-foot setback distance from the property line to the inside toe of the dikes of the existing percolation ponds for the wastewater treatment facility.
b. Town of Jay, usage of the existing percolation ponds as part of the wastewater treatment facilities shall be authorized by wastewater permit (FLA010206).
A copy of the Order or additional information may be obtained by contacting:
Department of Environmental Protection, Northwest District, Bill Evans, 160 W. Governmental Street, Suite 308, Pensacola, FL 32502-5794, [phone], [e-mail].