Item C20 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 17, 2013 Division: Public Works & Engineering
Bulk Item: Yes X No _ Department: Wastewater
Staff Contact Person/Phone#:Wilson(453-8797)
Shillinger—292-3470
AGENDA ITEM WORDING: Authorization to file petition with the Florida Department of
Environmental Protection for a variance from the requirement for a certified survey as part of a Class
V, Group 3 wastewater disposal well abandonment on behalf of the County and its affected residents.
ITEM BACKGROUND: Rule 62-528.645(3), Florida Administrative Code (F.A.C.) requires
submission of a certified survey of abandoned Class V, Group 3 wastewater disposal wells as part of
the wastewater system abandonment process. The surveys cost up to $3,500. FDEP recognized that
the locations of the wells are already well documented in the treatment system permits. FDEP
determined that a blanket variance could be issued if the County were to petition for it. This blanket
variance would then apply to all well abandonments in all jurisdictions within the County as part of the
decommissioning of individual wastewater systems to connect to central wastewater treatment systems.
The FDEP Marathon office coordinated the drafting and review of the proposed petition by several
FDEP offices, including FDEP General Counsel, with the intent that the County would submit it on
behalf of all jurisdictions and affected persons within the County. The waiver and its implications have
been reviewed by all jurisdictions in the County.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval and submission
TOTAL COST: None INDIRECT COST: None BUDGETED: Yes No X
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 7/09
BEFORE THE STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
IN RE: Monroe County
PETITION FOR VARIANCE
FROM RULE 62-528.645(3). FLORIDA ADMINISTRATIVE
CODE
Petitioner, Monroe County, pursuant to Section 120.542. Florida Statutes, and Rule
28-104, Florida Administrative Code, hereby petitions for a variance from Rule 62-
528.645(3), Florida Administrative Code (F.A.C.), because the strict application of this
rule creates a substantial hardship for the owners or operators of Class V, Group 3,
injection wells in Monroe County. In support thereof,petitioner states:
Background
Facts
1. Petitioner is Monroe County, a political subdivision of the State of Florida.
Its principal office is located at 1100 Simonton Street; Key West, FL 33040, telephone
(305) 292-4525, facsimile (305) 295-4321. Petitioner's primary contact is Kevin G.
Wilson, P.E.
2. The Petitioner is requesting a variance from the requirements of the above
referenced Rule for the owners or operators of Class V, Group 3, injection wells in
Monroe County who are required to abandon the wells in order to connect their
wastewater discharges to the wastewater collection, treatment and disposal systems
constructed by the local governments and special wastewater districts in Monroe County,
in accordance with the requirements of Section 403.086(10) of the Florida Statutes (F.S.)
3. Pursuant to Section 403.086(10) (b), F.S., Monroe County, each
municipality, and those special districts established for the purpose of collection,
transmission, treatment, or disposal of sewage in Monroe County shall complete the
wastewater collection, treatment, and disposal facilities within its jurisdiction. The
completion of these mandated services causes affected persons and entities in Monroe
County to have to properly abandon individual Class V, Group 3, wastewater injection
wells which are the subject of this variance request.
The Rule
4. Rule 62-528.645(3), F.A.C., provides that: The owner or operator of any
Class V well shall provide evidence, such as a sealed copy of certification from the
county clerk, that a surveyor's plot of the location of the abandoned well has been
recorded in the county courthouse property records.
Statute Implemented
5. Rule 62-528.645 (3), F.A.C., implements Section 403.021, 403.061,
403.086, 403.087 and 403.088, Florida Statutes, and has, as its specific authority,
Section 403.061, Florida Statutes.
Type of Action Requested
6. The Petitioner is requesting a variance from the requirements of the above
referenced Rule for the owners or operators of Class V, Group 3, injection wells in
Monroe County who are required to abandon the wells in order to connect their
wastewater discharges to the wastewater collection, treatment and disposal systems
constructed by the local governments and special wastewater districts in Monroe
County, in accordance with the requirements of Section 403.086(10) of the Florida
Statutes (F.S.)
Specific Facts Which Demonstrate a Substantial Hardship
or Violation of Principles of Fairness
7. The Petitioner asserts that the strict application of this Rule is causing
substantial hardship to the injection well owners or operators of Class V, Group 3, wells,
and constitutes an excessive and unnecessary regulatory burden on its constituents. The
estimated cost of retaining a professional surveyor, to provide the surveyor's plot and the
recording of the survey plot and certain other documents required by the existence of the
survey plot with the County, as required by the Rule, is approximately $2500.00 to
$3500.00. This cost is in addition to the cost of obtaining the necessary permits and to
retain the services of a Florida-licensed professional engineer and water well driller in
order to properly abandon the wells.
8. According to information provided by staff from the Florida Department
of Environmental Protection (The Department), the Department's files contain records of
the location coordinates for the permitted wastewater treatment facilities and the injection
wells are located adjacent, or in close proximity, to the permitted facilities. Therefore, the
Petitioner asserts that the information provided by the certified surveyor's plot is
redundant and it is not necessary to document the location of the abandoned wells.
The Requested Variance Will Serve the Purpose of the Underlying Statute
9. As set forth in Section 403.0219(2), Florida Statutes:
It is declared to be the public policy of this state to conserve the waters of the state and to
protect, maintain and improve the quality thereof for public water supplies, for
propagation of wildlife and fish and other aquatic life, and for the domestic, agricultural,
industrial, recreational and other beneficial uses and to
provide that no wastes be discharged into any waters of the state without first being given
the degree of treatment necessary to protect the beneficial uses of such waters.
10. There are no adverse impacts on human health or the environment that
result from waiving the requirement specified in Rule 62-528.645(3), F.A.C. Therefore, the
variance requested herein will serve the purpose of the underlying statute.
Conclusion
11. Monroe County requests that the Department grant a variance from Rule
62-528.645(3). F.A.C., for the owners or operators of Class V, Group 3, injection wells in
Monroe County. The requested variance will provide relief to property owners and
businesses who own and operate Class V, Group 3 injection wells and who are required to
abandon their on-site wastewater treatment and disposal systems in order to connect to
advanced wastewater treatment and disposal facilities in accordance with Section
403.086(10), F.S.
12. The County has indicated its intention to apply for this variance on behalf
of all owners or operators of Class V, Group 3, injection wells in Monroe County to the
local agencies with wastewater responsibilities in the County including the five
municipalities in the County as well as the Key Largo Wastewater Treatment District and
Florida Keys Aqueduct Authority and none have expressed an objection.
(Balance of page intentionally left blank.)
Respectfully submitted on this day of July, 2013
MONROE COUNTY ATTORNEY's OFFICE
1111 12th Street, Suite 408
Key West, Florida 33040
(305)292-3470
(305) 292-3516 facsimile
By:
Robert B. Shillinger, FBN: 58262
Monroe County Attorney
Attorney for the Petitioner
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA
Cc: Bob Feldman, General Counsel FKAA
Nina Boniske, Village Attorney for Islamorada
Tom Wright, City Attorney for Key Colony Beach
Shawn D. Smith, City Attorney for Key West
Ray Giglio, General Counsel for KLWTD
Dirk Smith, City Attorney for Layton
John Herin, City Attorney for Marathon