BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
In re:
GREATER PINE ISLAND WATER ASSOCIATION
Petition for Variance
OGC File No. 01-1956
DEP02-0419
_________________________________________/
FINAL ORDER GRANTING PETITION FOR
VARIANCE FROM RULE 62-555.330(3), F.A.C.
On December 07, 2001, Greater Pine Island Water Association (GPIWA) filed a petition
for variance from requirements in rule 62-555.330(3) of the Florida Administrative Code, under
section 120.542 of the Florida Statutes and rule 28-104.002 of the Florida Administrative Code.
The petition was for a variance from rule 62-555.330(3) that incorporates as a reference for use
in permitting of public water systems, the manual Recommended Standards for Water Works,
1997 Edition, A Report of the Committee of the Great Lakes - Upper Mississippi River Board of
State Public Health and Environmental Managers, published by Health Research, Inc.
Specifically, the aspect of Recommended Standards for Water Works from which petitioner seeks
a variance is the provision in Section 6.1.1 that recommends that pumping stations for public
water systems be located a minimum of three feet above the 100-year flood elevation, or three
feet above the highest recorded flood elevation, whichever is higher, or protected to such
elevation. A notice of receipt of the petition was published in the Florida Administrative Weekly
and on the Department's Internet site on January 5, 2002.
1.
Petitioner is located at 5281 Pine Island Road, Bokeelia, Florida 33922.
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2.
GPIWA has an existing public water system on Bokeelia, and has received a
permit (# 0127247-022-WC, issued on October 4, 2001) from the Lee County Health Department
(LCHD) to construct improvements to its drinking water treatment plant. Specific Condition 12
of that permit requires GPIWA to either petition for and receive a variance from the requirement
for the new high service pump (HSP) to be three feet above the 100-year flood elevation, or three
feet above the highest recorded flood elevation, whichever is higher, or protected to such
elevation, or else abide by that elevation requirement in Section 6.1.1 of the Recommended
Standards for Water Works.
3.
Under rule 62-555.330(3) of the Florida Administrative Code, the Recommended
Standards for Water Works is to be applied in determining whether applications to construct or
alter a public water system should be issued or denied.
4.
Based on the Department permit that requires compliance with the Recommended
Standards for Water Works, GPIWA contends that the construction permit that was permitted by
the Department in 1992/1993 allowed future piping and flanged off for an additional HSP to be
installed at a later date. To that end, both the HSP suction (feed) piping and the HSP pump
discharge piping were installed at an elevation at or above the 100-year flood standard. Raising
the pump/motor combination to three feet above the 100-year, will create the unnecessary use of
additional fittings and allow for an uneven flow. Additional fittings, especially elbows, can create
hydraulic problems and increase power consumption.
5.
The current and new high service pumps are flooded-suction centrifugal pumps.
They are designed to be fed by the head pressure created by the water plant’s two million gallon
ground storage tank. The ground storage tank floor elevation is at the same elevation as the plant
building (100-year flood elevation). If the new high service pump were to be installed three feet
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higher than the floor of the ground storage tank, 253,800 gallon of the plant’s storage capacity
would be lost.
6. The space allocated for the new HSP location in the initial design is just adequate. The
alternative of building a three-foot barrier (wall) around the new pumping system was explored.
The space needed to build the wall is minimal or non-existent. A three-foot containment is not
feasible from an operation and maintenance standpoint as well. The area inside the wall would be
small and narrow and inhibit maintenance, especially emergency maintenance. All piping and
existing openings to the outside of the building wall and proposed barrier, such as pipe and
electrical conduit penetrations, would have to be re-evaluated to establish if they could be sealed
to prevent water entry.
7.
GPIWA water plant sits on and serves a coastal island on the Gulf Coast. A 100-
year flood event would most likely be associated with a strong tropical storm or hurricane. Under
such condition, the entire island would be inundated and would have long since been evacuated.
Therefore, placing the new HSP at an elevation any higher than the 100-year flood elevation
would provide no significant additional benefit to utility customers, nor will it allow us to come
back on line any sooner.
8.
GPIWA maintains a propane motor driven HSP at the water plant site. The
elements of this pumping system that would keep it from running in flooded (submerged)
conditions are the exhaust stack terminus and the carburetor. The propane driven motor exhaust
stack terminates 5 feet above the 100- year stage, and the carburetor is 3.5 feet above the 100year flood stage. This pump would more than
9.
As part of the permitted construction project, the new high service pump will be
located above the 100-year flood elevation; a level defined and allowed for in our 1992/1993
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Department construction permit. The final elevation of the new pump will be 1.5 feet above the
100-year flood elevation. Since this is an older existing facility, this is the maximum elevation at
which the new pump can be placed without encountering significant operational, maintenance,
and safety impacts.
10.
The LCHD, which is the permitting authority for petitioner's project, has stated in
petitioner's permit that the flood elevation requirements will not have to be met if petitioner is
able to receive a variance from the rule requirement.
11.
For the foregoing reasons, GPIWA has demonstrated that it is entitled to a
variance from the minimum three feet above the 100-year flood elevation requirement in rule 62555.330(3), with the condition that GPIWA installs the new equipment at 1.5 above the 100-year
flood elevation, and that GPIWA complies with all other permit conditions in Permit No.:
0127247-022-WC, issued on October 4, 1999, by the Lee County Health Department to the
Greater Pine Island Water Association.
This order will become final unless a timely petition for an administrative hearing is filed
under sections 120.569 and 120.57
of the Florida Statutes before the deadline for a filing a petition. The procedures for petitioning
for a hearing are set forth below.
A person whose substantial interests are affected by the Department’s action may file for
an administrative proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes.
The petition must contain the information set forth below and must be filed (received) in the
Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station
35, Tallahassee, Florida 32399-3000.
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Petitions filed by the GPIWA or any of the parties listed below must be filed within 21
days of receipt of this written notice. Petitions filed by any other persons other than those
entitled to written notice under section 120.60(3) of the Florida Statutes must be filed within 21
days of publication of the public notice receipt of the written notice, whichever occurs first.
Under section 120.60(3), however, any person who asked the Department for notice of agency
action may file a petition within 21 days of receipt of such notice, regardless of the date of
publication. The petitioner shall mail a copy of the petition to Greater Pine Island Water
Association, Inc., 5281 Pine Island Road, Bokeelia, Florida 33922 at the at the time of filing.
The failure of any person to file a petition within the appropriate time period shall constitute a
waiver of that person’s right to request an administrative determination (hearing) under sections
120.569 and 120.57 of the Florida Statutes, or to intervene in this proceeding and participate as a
party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only
at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28106.205 of the Florida Administrative Code.
A petition that disputes the material facts on which the Department’s action is based must
contain the following information:
(a) The name, address, and telephone number of each petitioner; the Department case
identification number and the county in which the subject matter or activity is located;
(b) A statement of how and when each petitioner received notice of the Department action;
(c) A statement of how each petitioner's substantial interests are affected by the Department
action;
(d) A statement of the material facts disputed by the petitioner, if any;
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(e) A statement of facts that the petitioner contends warrant reversal or modification of the
Department action;
(f) A statement of which rules or statutes the petitioner contends require reversal or
modification of the Department action; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the
petitioner wants the Department to take.
A petition that does not dispute the material facts on which
the Department’s action is based shall state that no such facts are in dispute and otherwise shall
contain the same information as set forth above, as required by rule 28-106.301.
Because the administrative hearing process is designed to formulate final agency action,
the filing of a petition means that the Department’s final action may be different from the position
taken by it in this notice. Persons whose substantial interests will be affected by any such final
decision of the Department have the right to petition to become a party to the proceeding, in
accordance with the requirements set forth above.
Mediation under section 120.573 of the Florida Statutes is not available for this
proceeding.
This action is final and effective on the date filed with the Clerk of the Department unless
a petition is filed in accordance with the above.
Any party to this order has the right to seek judicial review of it under section 120.68 of
the Florida Statutes, by filing a notice of appeal under rule 9.110 of the Florida Rules of Appellate
Procedure with the clerk of the Department in the Office of General Counsel, Mail Station 35,
3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, and by filing a copy of the
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notice of appeal accompanied by the applicable filing fees with the appropriate district court of
appeal. The notice must be filed within thirty days after this order is filed with the clerk
of the Department.
DONE AND ORDERED this ______ day of May 2002 in Fort Myers, Florida.
_________________________
Richard W. Cantrell
Director of
District Management
Department of Environmental Protection
P.O. Box 2549
Fort Myers, Florida 33902-2549
Telephone: (239) 332-6975
FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to s. 120.52, Florida
Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged.
__________________________________
Clerk
______________
Date
Copies furnished to:
Van Hoofnagle, P.E., Drinking Water
Gary Maier, P.E., LCHD
Cynthia Christen, OGC
Kathy Carter, OGC
Susan Stafford
(SEE PDF VERSION FOR ATTACHMENTS)
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