Notice of receipt of this petition was published in the Florida Administrative Weekly on January 26, 2007. Holley-Navarre Water Systems Inc.'s petition filed on Dec. 21, 2006, requested a variance from Rule 62-610.521(6)(c), F.A.C., Part IV Rapid-...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-610.521: Setback Distances

NOTICE IS HEREBY GIVEN THAT on January 28, 2008, the Department of Environmental Protection Northwest District has issued an order.

Notice of receipt of this petition was published in the F.A.W. on January 26, 2007. Holley-Navarre Water Systems Inc.’s petition filed on December 21, 2006, requested a variance from paragraph 62-610.521(6)(c), F.A.C., Part IV Rapid-Rate Land Application Systems for two of the three new rapid infiltration basins to be constructed at the new Holley Wastewater Reclamation Facility's Reuse Project. The petitioner requested the variance to reduce the setback distance from 50 feet to 25 feet for the proposed Rapid Infiltration Basins included in the proposed Holley-by-the-Sea Gulf Power Easement Reuse Project. No public comment was received. The Order, file number FLA548464-002-DWF/VO [OGC Case No.: 07-0049], granted the Petition from the minimum 50-foot setback requirement, with conditions, to Holley-Navarre Water System, Inc., 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 by other means. The conditions of the order are:

a.              Holley-Navarre Water System, Inc., shall maintain a minimum of a 25-foot setback distance from the property line to the Rapid Infiltration Basin for the south side of the “South” Rapid Infiltration Basin included in the proposed Holley Wastewater Reclamation Facility's Reuse Project.

b.              Holley-Navarre Water System, Inc., shall maintain a minimum of a 43.5-foot setback distance from the property line to the Rapid Infiltration Basin for the east side of the “North” Rapid Infiltration Basin included in the proposed Holley Wastewater Reclamation Facility's Reuse Project.

c.              Holley-Navarre Water System, Inc., usage of the proposed Rapid Infiltration Basins included in the proposed Holley Wastewater Reclamation Facility's Reuse Project shall be authorized by wastewater permit (FLA548464).

A copy of the Order may be obtained by contacting: Department of Environmental Protection, Northwest District, Bill Evans, 160 Governmental Center, Pensacola, FL 32502-5794, [phone], [e-mail].