Fla. Admin. Code R. 62-110.104

Current through Reg. 50, No. 197; October 8, 2024

Section 62-110.104 - Variances or Waivers

(1) Although a person seeking a variance under Section 120.542 F.S., must comply with Rule Chapter 28-104, F.A.C., a person seeking a variance under Section 373.414(17) or 403.201, F.S., must demonstrate that any hardship asserted as a basis of the need for a variance is peculiar to the affected property and not self-imposed and that the grant of a variance will be consistent with the general intent and purpose of Section 373.414 or Chapter 403, F.S., as applicable. Any person seeking such a variance shall file a petition containing the following information:

(a) The petitioner's name and signature.

(b) The statute or rule from which the variance is sought.

(c) Facts showing that a variance should be granted for one of the reasons set forth in Section 403.201, F.S.

(d) The time period for which the variance is sought, including the reasons and facts supporting the time period.

(e) The requirements that the petitioner can meet, including the date or time when the requirements will be met.

(f) The steps or measures that the petitioner is taking to meet the requirement from which the variance is sought. If the request is pursuant to Section 403.201(1)(b), F.S., the petitioner shall include a schedule when compliance will be achieved.

(g) The social, economic, and environmental impacts on the applicant and on residents of the area and of the state if the variance is granted.

(h) The social, economic, and environmental impacts on the applicant and on residents of the area and of the state if the variance is denied.

(2) The Department shall review a petition for a variance under Section 373.414(17) or 403.201, F.S., within thirty days after receipt to determine if the application is complete. If the petition is determined to be incomplete, the petitioner shall be afforded an opportunity to supply additional information before the Department evaluates the merits of the request.

(3) The Department shall prepare a notice of intended agency action on the petition for a variance under Section 373.414(17) or 403.201, F.S. The Department shall publish this notice once in the Florida Administrative Register, and the petitioner shall publish notice of intended agency action on the petition once, at his own expense, in a newspaper of general circulation (as defined in Section 50.031, F.S.) in the county in which the property for which the variance is sought is located.

(4) Renewals of variances shall be applied for in the same manner as the initial variance.

(5) Requests for variances from the permitting requirements for air operations shall be governed by subparagraph 62-212.400(4)(a) 3.-6., F.A.C., drinking water variances shall be governed by Rule 62-560.510, F.A.C., those for variances for wastewater facilities discharging to surface waters shall be governed by paragraph 62-620.100(3)(p), F.A.C., (incorporating The Department of Environmental Protection Guide to Wastewater Permitting), and those for phosphate land reclamation variances under Section 378.212, F.S., shall be governed by Rule 62C-16.0045, F.A.C.

(6) Requests for waivers of chlorination requirements for public drinking water systems shall be governed by Rule 62-560.530, F.A.C., those for waivers of requirements for certified operators for such systems shall be governed by Rule 62-560.540, F.A.C., those for waivers of monitoring requirements for such systems shall be governed by Rule 62-560.545, F.A.C., and those for waivers of monitoring requirements for asbestos, dioxin, or butachlor in such systems shall be governed by Rule 62-560.546, F.A.C.

(7) Rule 62-620.800, F.A.C., shall govern requests for variances for discharges regulated under Section 403.0885, F.S., authorizing the federally approved state National Pollutant Discharge Elimination System (NPDES) Program for discharges of pollutants into waters of the state.

(8) Subsections 62-160.400(6) -(8), F.A.C., shall govern applications for approval of alternative procedures to the laboratory and field analytical and quality control requirements otherwise imposed by Rule 62-160.400, F.A.C.

(9) Rule 62-297.620, F.A.C., shall govern requests for approval of alternative procedures or requirements for any air pollution "emissions unit" as defined in subsection 62-210.200 (111), F.A.C.

(10) Paragraph 62-601.400(1)(b), F.A.C., shall govern requests for approval of alternative methods for sampling and testing for wastewater facilities.

(11) Rule 62-701.310, F.A.C., shall govern requests for approval of alternative procedures and requirements for solid waste management facilities.

(12) For approval of variances and waivers for technical and financial audits under Section 376.3071(12)(k)5.a., F.S., a petitioner shall comply with Rule 28-104, F.A.C., except that the petition need not show why the variance or waiver requested would serve the purposes of the underlying statute.

Fla. Admin. Code Ann. R. 62-110.104

Rulemaking Authority 120.54(5), 373.044, 373.113, 373.414(9), (17), 378.212, 403.061(7), 403.087, 403.088, 403.0885, 403.08851, 403.853(3), 403.861(9) FS. Law Implemented 373.414(9), (17), 376.3071, 378.212, 403.031, 403.061, 403.0877, 403.088, 403.0885, 403.201, 403.852(12), (13), 403.853, 403.854(1), (4), 403.857 FS.

New 7-1-98.