The SFWMD Governing Board issued an Order Denying Portion and Approving Portion of Application for Right of way Occupancy Standard Permit, and Denying Portion and Granting Portion of Petition for Waiver under Section 120.542, Fla. Stat. (SFWMD 2007-...

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-6.091: Publications Incorporated by Reference
40E-6.221: Conditions for Issuance of Standard Permits

NOTICE IS HEREBY GIVEN that on October 11, 2007, the South Florida Water Management District (SFWMD) has issued an order.
The SFWMD Governing Board issued an Order Denying Portion and Approving Portion of Application for Right of way Occupancy Standard Permit, and Denying Portion and Granting Portion of Petition for Waiver under Section 120.542, Fla. Stat. (SFWMD 2007-689-DAO-ROW), to Alligator Alley Pipeline Company, subsidiary of Calumet Pipeline Holdings, LLC. The petition for waiver was received by the SFWMD on June 28, 2007. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 33, No. 29, on July 20, 2007. No public comment was received. This Order provides a waiver for the existing unauthorized pipeline and its appurtenant works and denial of that portion of the Petition for Waiver to testing of the pipeline located within the South Fork of the new River, North new River, Water Conservation Area 3A, and crossing L-37, L-38, Miami Canal (C-123), L-28 and L-28 Interceptor Canal; Multiple Sections, Township 49 & 50 South, Range 36 East through 42 East, Broward and Collier Counties. Specifically, the Order grants a waiver from subsections 40E-6.011(4), (6), Fla. Admin. 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), Fla. Admin. Code, which governs the placement of above-ground permanent and/or semi-permanent facilities within Works or Lands of the District and denies the request for waiver from subsection 40E-6.221(2), Fla. Admin. Code. Generally, the Order sets forth the basis of the Governing Board decision to grant the portion of the waiver, as follows: 1) the existing facilities will not significantly interfere with the SFWMD’s ability to perform necessary construction, alteration, operation and maintenance activities; and 2) it is a violation of District rules to abandon the pipeline. The Order further sets forth the basis of the Governing Board decision to deny the portion of the waiver and permit requesting authorization to test and operate the pipeline, as follows: 1) the testing or reactivation of the pipeline for petroleum transport carries an inherent risk for spills and consequent environmental harm which would conflict with provision of Section 373.016, F.S.; and 2) is contrary to District subsections 40E-6.1011(1), (2) and 40E-6.221(2), Fla. Admin. Code.
A copy of the Order may be obtained by contacting: Juli Triola at the South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680; telephone number [phone]; or by e-mail [e-mail].