that on June 21, 2012, the Department issued an order granting a variance to the Talquin Electric Cooperative (Petitioner). The petition was received on April 19, 2012, and the notice of receipt of this petition was published in the Florida ...

 

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 June 21, 2012, the Department issued an order granting a variance to the Talquin Electric Cooperative (Petitioner). The petition was received on April 19, 2012, and the notice of receipt of this petition was published in the Florida Administrative Weekly on May 18, 2012. 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 seeks relief from the 100' ft. setback distance from the edge of their Lake Jackson WWTP southern most rapid infiltration basin (RIB) to the site property line. A survey of the site has identified that the closest distance from the property line to the edge of the RIB is measured at 70' feet. The petitioner is requesting a permanent variance to reduce the setback from 100 feet to a minimum of 70' feet. No public comment was received. The Order, file number FLA010171-008-DWF/VO [OGC Case No.: 12-1045], 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.

A copy of the Order or additional information may be obtained by contacting: Department of Environmental Protection, Northwest District, Jonathan May, 160 W. Governmental Street, Suite 308, Pensacola, FL 32502-5794, [phone], [e-mail].