that on February 28, 2018, the Department issued a Final Order, granting 7-Eleven, Inc.’s, Petition for a Variance. The Petition was received on February 14, 2017. Notice of receipt of the Petition was published in the Florida Administrative ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-521.400Ground Water Protection Measures in Wellhead Protection Areas

The Department of Environmental Protection hereby gives notice that on February 28, 2018, the Department issued a Final Order, granting 7-Eleven, Inc.’s, Petition for a Variance. The Petition was received on February 14, 2017. Notice of receipt of the Petition was published in the Florida Administrative Register on March 8, 2017. The Petition requested a variance from paragraph 62-521.400(1)(l), Florida Administrative Code (F.A.C), to allow for the installation and operation of two new petroleum underground storage tanks (USTs) within the 500-foot wellhead protection area of a public water system well owned by Florida Governmental Utility Authority (FGUA); the new USTs will be double-walled with automatic leak detection surpassing the environmental performance standards established pursuant to Chapter 62-761, F.A.C. The cited rule does not reflect revised criteria for new USTs and provides only that a new UST must be located outside a wellhead protection area. Additionally, the Final Order requires 7-Eleven, Inc., to maintain financial assurance in favor of FGUA for reasonable costs to replace the well if necessary and to monitor for gasoline constituents in the event of a release from the USTs. One public comment was received from FGUA. The Order, OGC No. 17-0088, granted the variance to paragraph 62-521.400(1)(l), F.A.C., 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 persons and because Petitioner demonstrated that the purpose of the underlying statute will be or has been achieved by other means.

A copy of the Order or additional information may be obtained by contacting: Averi Deering, Department of Environmental Protection, MS 3522, 2600 Blair Stone Road, Tallahassee, Florida 32399, [phone]; during normal business hours, 8:00 a.m. – 5:00 p.m. Monday through Friday, except legal holidays.