that on October 8, 2012, the Department of Environmental Protection issued a Final Order granting a petition for variance to RaceTrac Petroleum, Inc. The petition for variance was received on August 10, 2012, seeking a variance from Rule 62-521.400(...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-521.400: Ground Water Protection Measures in Wellhead Protection Areas

The Department of Environmental Protection hereby gives notice:
that on October 8, 2012, the Department of Environmental Protection issued a Final Order granting a petition for variance to RaceTrac Petroleum, Inc. The petition for variance was received on August 10, 2012, seeking a variance from Rule 62-521.400(1)(l), F.A.C., to allow for the installation of new underground storage tanks within 500 feet of a public water supply well. The petition was assigned OGC Case No. 12-1409. Notice of receipt of the petition was published in the Florida Administrative Weekly on August 24, 2012. Public comment was received from the owner of All Kids Academy, Inc., stating their opposition to the granting of the variance. The Final Order granted a variance from the 500 foot setback because the petitioner demonstrated hardship and that the purposes of the underlying statutes would be met with additional protective measures to protect public health and the conditions imposed by the Department. The conditions require that the storage tank facility be properly operated and maintained in accordance with Chapter 62-761; that financial responsibility be maintained and coverage for clean-up and third party damages be provided; that the continuous release detection system be properly operated and maintained to provide leak detection capabilities and to perform annual operability tests; and that any potential release shall be investigated to determine if a discharge has occurred and any discharge shall be immediately contained, abated, and cleaned up in accordance with Department requirements.
A copy of the Order or additional information may be obtained by contacting: Donnie McClaugherty, Department of Environmental Protection, Ground Water Regulatory Section, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; telephone: [phone].