that on April 16, 2013, the Department issued an order denying a variance to Petitioner, Appalachian Material Service, Inc related to the land application of biosoilds at their JMC Biosolids Land Application Site (located on Alturas-Babson Park ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

The Department of Environmental Protection hereby gives notice:
that on April 16, 2013, the Department issued an order denying a variance to Petitioner, Appalachian Material Service, Inc related to the land application of biosoilds at their JMC Biosolids Land Application Site (located on Alturas-Babson Park Cutoff and East of Lake Buffum Road). On September 10, 2012, the Department received a petition for a variance from the provisions of paragraph 62-640.700(6)(b), F.A.C., which requires that alkaline treated biosolids must be applied by the Best Management Practice of incorporation or injection unless it is applied at a distance greater than one-quarter mile from the site property line. This distance can be reduced under the rule if written consent is obtained from the affected adjacent property owners. Notice of receipt of this Petition was published in the Florida Administrative Register on October 1, 2013. No public comment was received. The Order, OGC No.: 12-1486; Site No: FLA290386, denied the Petition because the Petitioner failed to demonstrate 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 failed to demonstrate 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: Jeff Hilton, Department of Environmental Protection, Domestic Wastewater Section, Southwest District, 13051 N Telecom Parkway, Temple Terrace, FL 33637-0926; [e-mail]; [phone].