That on December 19, 2011, the Department issued an order granting a variance to the Valparaiso, Okaloosa County Regional Sewer Board (Petitioner). The petition was received on November 10, 2011, and the notice of receipt of this petition was ...

 

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 December 19, 2011, the Department issued an order granting a variance to the Valparaiso, Okaloosa County Regional Sewer Board (Petitioner). The petition was received on November 10, 2011, and the notice of receipt of this petition was published in the Florida Administrative Weekly on December 2, 2011. The petition requested a variance from subsection 62-610.521(6), F.A.C. Subsection 62-610.521(6), F.A.C., requires a setback distance of 100 feet from a rapid infiltration basin to the property boundary. The Petitioner requested that the setback distance from the rapid infiltration basin to the property line at the NVOC Regional WWTP be reduced from 100 feet to 31-56 feet. No public comment was received. The Order, file number FLA010185-019-DWF/VO [OGC Case No.: 11-1627], granted the Petition from the minimum 100-foot setback requirement to the Petitioner, 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.NVOC, shall maintain the setbacks with a minimum of 31 feet up to approximately 56 feet for the nine proposed RIBs.

b.NVOC, usage of the proposed RIBs as part of the wastewater treatment facilities shall be authorized by wastewater permit (FLA010185).

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, Florida 32502-5794, [phone], [e-mail].