that on August 6, 2013, the Department issued an order granting a variance to the City of Cape Coral (Petitioner). The petition was received on April 23, 2013, and the notice of receipt of this petition was published in the Florida Administrative ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:

62-604.400: Design/Performance Considerations

The Department of Environmental Protection, South District hereby gives notice: that on August 6, 2013, the Department issued an order granting a variance to the City of Cape Coral (Petitioner). The petition was received on April 23, 2013, and the notice of receipt of this petition was published in the Florida Administrative Register on April 29, 2013. The petition requested a variance from paragraph 62-604.400(2)(a), F.A.C., for its sewage lift station in the City of Cape Coral, which is located on Sandoval Blvd., near Sunvale Ct., and generally serves the residential area to the north of that intersection. Paragraph 62-604.400(2)(a), F.A.C., requires lift stations that receive flow from one or more pump stations through a force main or lift stations discharging through pipes 12 inches or larger to provide for uninterrupted pumping capabilities, including an in-place emergency generator. The Petitioner requested a variance for this provision but will use alternative methods and portable generators that is more cost-effective and provides similar assurances of continued operation during emergencies. No public comment was received. The Order, file number [OGC Case No.: 13-0944], granted the Petition for the variance, 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: Gary Maier, Department of Environmental Protection, South District Office, P. O. Box 2549, Ft. Myers, FL 33902, [phone], [e-mail].