that it has issued an order on September 6, 2016, granting 7- Eleven, Inc.’s. Petition for a Variance. The Petition was received on August 11, 2016. Notice of receipt of the Petition was published in the Florida Administrative Register on August 19, ...

 

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 it has issued an order on September 6, 2016, granting 7- Eleven, Inc.’s. Petition for a Variance. The Petition was received on August 11, 2016. Notice of receipt of the Petition was published in the Florida Administrative Register on August 19, 2016, Vol. 42, No. 162. The Petition requested a variance from paragraph 62-521.400(1)(l), F.A.C, to allow for the installation of a new underground storage tank system (UST) that meets the environmental performance standards of Category C, within 500 feet of a potable water well inside a wellhead protection area. The cited rule does not reflect revised criteria for Category C systems and provided only that a new UST must be located outside a wellhead protection area. The Department received a comment letter from the City of Cape Coral supporting issuance of the variance; no other public comment was received. The Order, OGC No. 16-1236, 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: Marian Fugitt, Department of Environmental Protection, MS 3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2600, [phone], [e-mail] during normal business hours, 8:00 a.m. – 5:00 p.m., Monday through Friday, except legal holidays.