(Letterhead)
Petition for Variance
Cabot Properties, Inc.
1021 11th Street, Ocean
Marathon, Florida 33050
Monroe County
DEP File No. 44-0128498-002
OGC File No. 01-0330
DEP01-0479
Don Wisdom
Wisdom Associates, Inc.
517 Camden Avenue
Stuart, Florida 34994
FINAL ORDER GRANTING PETITION
FOR VARIANCE UNDER SECTION 403.201, F.S.
The Department of Environmental Protection (Department) hereby grants to Cabot
Properties, Inc., a variance from the prohibition of fuel storage or pumping facilities located on overwater structures in Rule 62-312.430(2), Florida Administrative Code (F.A.C.), for installation of two
fuel facilities on overwater structures within Boot Key Harbor in Monroe County, Florida.
On August 11, 1999, Cabot Properties, Inc., filed with the Department a Petition for
Variance, pursuant to Section 403.201(l)(c), Florida Statutes (F.S.). The $500.00 processing fee was
submitted in accordance with Rule 62-4.050(4)(g)4c, F.A.C.
The Department hereby issues this variance subject to the following findings and conditions.
Findings
1.
The Cabot Properties, Inc., owns and operates Marathon Marina located at 1021
11th Street, Ocean, Marathon, Florida.
2.
Cabot Properties, Inc. requested a variance from Rule 62-312.430(2), F.A.C. which
specifies that fuel storage or pumping facilities shall not be located on ov6r-water structures within
Outstanding Florida Waters. Cabot Properties, Inc.,petitioned for the variance in order to install two
fuel facilities on over-water structures within Boot Key Harbor, Class' III Outstanding Florida Waters.
3.
The petitioner provided the following documentation in support of the variance
petition.
a. .
Cabot Properties, Inc., has stated in its petition that to apply the prohibition of fuel storage or
pumping facilities located on over-water structures would create a substantial hardship because it is
not financially feasible to expand the marina facilities, including installation of a 25,000 gallon
wastewater treatment and collection system and pump-out accommodations without two fuel pumping
facilities on over-water structures within Boot Key Harbor.
b.
Cabot Properties, Inc., has provided documentation from local boat captains and the United
States Coast Guard in support of the over-water fuel facilities in the locations selected by the
applicant.
4.
The Department reviewed this information and determined that the prohibition of fuel
storage and pumping facilities located on the over-water structures is a hardship in this case.
5.
Granting the variance is contingent upon Cabot Properties, Inc., receiving
Environmental Resource Permit application No. 44-0128498-001-ES to install two fuel pumping
facilities on over-water structures in conjunction with the expansion of an existing marina. The
variance will be subject to any and all conditions of that permit. The granting of this variance does not
guarantee the issuance of the permit.
6.
Cabot Properties, Inc., has addressed all of the variance requirements of Rule
62-110.104, F.A.C.
7.
Cabot Properties, Inc., has demonstrated to the satisfaction of the Department a
hardship and has agreed to conditions that provide assurances that water quality will not be degraded
as a result of the over-water fueling facilities. As public interest for granting the variance, the petitioner
has agreed to install a wastewater treatment plant capable of treating 25,000 gallons per day to best
available technology treatment requirements for removal of nutrients and more stringent levels of
treatment for carbonaceous biochemical oxygen demand and total suspended solids.
Conditions
1.
The variance is granted under Section 403.201(l)(c),F.S., which limits the variance to
cases other than those provided for in Sections 403.201(l)(a)(b), F.S. The Department grants
this variance for a period not to exceed five years or the life of the permit no.
44-0128498-002, if issued. This variance expires concurrently with the expiration date of
permit number 44-0128498-002, if issued.
2.
If Cabot Properties, Inc., intends to seek renewal of this variance, application for
renewal shall be made no less than 180 days prior to the expiration date applicable in
Condition #1.
3.
For the duration of this variance, Cabot Properties, Inc., shall be required to:
a. Use the best available technology in the construction of the fuel delivery system.
This will include the use of Environ, Geoflex piping, poppet valves, and fueling
nozzles with a spill containment device that redirects the "blow back" fuel back into
the fuel tank.
b. Use best management practices (BMP's) for the over-water fuel pumping
and conveyance systems.
c. Appropriate BMP's shall be utilized to minimize the potential for a fuel spill. These
BMP's shall include;
1) Training for Marathon Marina personnel dispensing fuel shall include, two (2)
hours of classroom time and one (1) week of on the job training during which they will review spill
response procedures for responding to both gasoline and diesel spills. In addition to the above
training, Marathon Marina personnel who will dispense fuel shall review required spill reporting and
response procedures with the Department's Marathon Emergency Response Section. This session
with the Department ' shall be limited to 1 hour, at the end of which the Department's Emergency
Response Section will provide the Marathon Marina personnel with written documentation
acknowledging the Marathon Marina personnel reviewed the above procedures.
2) Marathon Marina personnel who have completed the -training identified in item a)
above shall be physically present at the fuel dispensers during all fueling operations.
3) Well marked emergency fuel shut off switches shall be located on the terminal
platform where fuel dispensers are located.
4) The State Warning Point (1-800-320-0519) and the National Response Center
(1-800-424-8802) telephone numbers shall be clearly posted at all fuel dispenser locations.
5) All fuel dispensing nozzles shall be equipped with a spill containment device that
will redirect the "blow back" fuel back into the vessels fuel tank.
6) A spill kit which shall contain at a minimum, 200 -17" X 19" sorbent pads, 30
linear feet of sorbent boom and a condensed copy of the facility's spill contingency plan shall be
located on each terminal platform where fuel dispensers are located. The contents of the spill kit
shall be clearly marked on the outside of the container. The condensed spill contingency plan shall
include, the State Warning Point and the National Response Center telephone numbers, the name
and emergency phone numbers for the facility owner, manager, and (if applicable) spill response
contractors, and the location of additional spill containment equipment.
7) Within 60 days of issuance of Environmental Resource Permit application No.
44-0128498-001-ES, the petitioner shall execute a recorded binding agreement with the Department
to ensure that as long as over-water fuel pumping facilities are present at the facility the petitioner will
have, 1) trained personnel and spill response equipment on site, or 2) an active contract with a spill
response contractor. If the petitioner has a contract with a spill response contractor, the petitioner will
provide the Department with a copy of said contract and any future renewals, modifications or new
contracts. A sample binding agreement will be attached to the permit. A draft agreement will be
submitted to the DEP Marathon office with 30 days of permit issuance for review and modification as
necessary.
A 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 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 _________ in Ft. Myers, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
__________________________________
Richard W. Cantrell
Director of
District Management