that on February 2, 2012, the Department issued a Final Order granting a variance under Section 120.542, Florida Statutes, to Keepsake Plants ™, a division of Aris Horticulture Inc. (Petitioner). The petition was received on August 10, 2011, and the ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-520.420: Standards for Class G-I and Class G-II Ground Water

 

The Department of Environmental Protection hereby gives notice that on February 2, 2012, the Department issued a Final Order granting a variance under Section 120.542, Florida Statutes, to Keepsake Plants ™, a division of Aris Horticulture Inc. (Petitioner). The petition was received on August 10, 2011, and the notice of receipt was published in the Florida Administrative Weekly, September 2, 2011. The petition requested a permanent variance from subsections 62-520.420(1) and (2), F.A.C., to allow for the exceedance of the primary and secondary drinking water standards for sodium, chloride, sulfate, and total dissolved solids (TDS), in the ground water at Petitioner’s Alva Farm industrial wastewater facility located at 2201 Owanita Road, Alva, FL 33920, in Lee County, FL. The maximum contaminant level (MCL) for sodium is 160 mg/L. The secondary maximum contaminant level (SMCL) for chloride and sulfate is 250 mg/L. The SMCL for TDS is 500mg/L. No public comment was received. The Final Order, OGC Case No. 11-1190, grants 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 and because Petitioner will meet the purpose of the underlying statute. The Final Order provides alternative contaminant levels of 400mg/L for sodium, 1,250 mg/L for chloride, 500 mg/L for sulfate, and 2,500 mg/L for TDS. The variance is not permanent and will expire on June 30, 2017.

A copy of the Order or additional information may be obtained by contacting: Mr. Nolin Moon, Department of Environmental Protection, South District Office, P. O. Box 2549, Ft. Myers, FL 33902, [phone], [e-mail].