The South Florida Water Management District hereby gives notice: On April 11, 2019, the District's Governing Board issued SFWMD Order No. 2019-035-DAO-ROW to Broward County Water and Wastewater Services (Application No. 18-00227-6). The petition ...

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NO.:RULE TITLE:

40E-6.011Policy and Purpose

The South Florida Water Management District hereby gives notice: On April 11, 2019, the District's Governing Board issued SFWMD Order No. 2019-035-DAO-ROW to Broward County Water and Wastewater Services (Application No. 18-00227-6). The petition for waiver was received by the District on March 16, 2018. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Register, Vol. 44, No. 58 on March 23, 2018. An amended petition was received by the District on January 18, 2019. Notice of receipt of the amended petition requesting the waiver was published in the Florida Administrative Register, Vol. 45, No. 15 on January 23, 2019. No public comment was received. This Order provides a waiver of the District's criteria for utilization of the District right of way to allow a four mile, 24-inch buried parallel run reclaimed water transmission main within the south right of way of the Hillsboro Canal; Sections 26, 27, 28, 31, 32, 35 and 36, Township 47S, Range 41 and 42E, Broward County. Specifically, the Order grants a waiver from subsections 40E-6.011(4)&(6) and paragraph 40E-6.221(3)(j), Fla. Admin. Code, and the Right of Way Criteria Manual for Use of Works or Lands of the District, incorporated by reference in subsection 40E-6.091(1), Fla. Admin. Code, which prohibits placement of parallel run facilities more than 10 feet into the canal right of way boundary, governs the placement of permanent and/or semi-permanent above-ground encroachments within 40 feet of top of canal bank, and prohibits transmission lines within Works or Lands of the District. Generally, the Order sets forth the basis of the Governing Board decision to grant the waiver as follows: 1) the proposed use will not interfere with the District's current ability to perform necessary construction, alteration, operation, and routine maintenance activities; and 2) the Order granting a waiver from the subject rule is based upon a substantial hardship.

A copy of the Order or additional information may be obtained by contacting: Juli Russell at the South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680; telephone: [phone]; or by email at: [e-mail].