Order No. 2008-359-DAO-ROW grants a waiver under Section 120.542, Fla. Stat., to Florida's Turnpike Enterprise. The petition for waiver was received by the SFWMD on June 6, 2008. Notice of receipt of the petition requesting the waiver was ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-6.221: Conditions for Issuance of Standard Permits

NOTICE IS HEREBY GIVEN THAT on August 14, 2008, the South Florida Water Management District (SFWMD) Governing Board has issued an order.

Order No. 2008-359-DAO-ROW grants a waiver under Section 120.542, F.S., to Florida’s Turnpike Enterprise. The petition for waiver was received by the SFWMD on June 6, 2008. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 34, No. 25, on June 20, 2008. No public comment was received. This Order provides a waiver of the District’s criteria for the proposed installation of guardrailing associated with the Florida Turnpike Bridge within the C-18 right of way; Section 4, Township 41 South, Range 42 East, Palm Beach County. Specifically, the Order grants a waiver from paragraph 40E-6.221(2)(j), Florida Administrative Code, and the Basis of Review for Use or Occupancy of the Works or Lands of the District Permit Applications within the South Florida Water Management District, incorporated by reference in subsection 40E-6.091(1), Florida Administrative Code, which governs the placement of permanent and/or semi-permanent above ground facilities within the District’s 100 foot long designated equipment staging areas located at all bridges and pile-supported utility crossings 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 facilities will not significantly 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 would prevent Florida’s Turnpike Enterprise from suffering a substantial hardship.

A copy of the Order may be obtained by contacting: Kathie Ruff, South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680, [phone] or by e-mail: [e-mail].