NOTICE IS HEREBY GIVEN that on February 11, 2010, the South Florida Water Management District (District) Governing Board has issued an order.
SFWMD Order No.: 2010-023-DAO-ROW was issued to Palm Beach County Water Utility Department (Application No.: 09-1210-2M). The petition for waiver was received by the SFWMD on December 10, 2009. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 35, No. 52, on December 31, 2009. No public comment was received. This Order provides a waiver of the District’s criteria to allow construction of an above-ground canal water pump station (48' from the top of the canal bank) within the northerly right of way of the Hillsboro Canal located approximately 1000' west of SR 7; Section 36, Township 47 South, Range 41 East, Palm Beach County. Specifically, the Order grants a waiver from paragraphs 40E-6.221(2)(a) and (j), Florida Administrative Code, and the Basis of Review for Use or Occupancy of the Works or Lands of the District, incorporated by reference in subsection 40E-6.091(1), Florida Administrative Code, which governs the present or future construction, alteration, or operation or maintenance of the works or land of the District. Generally, the Order sets forth the basis of the Governing Board decision to grant the waiver, as follows: 1) the facilities will not significantly interfere with the District’s current ability to perform necessary construction, alteration, operation, and routine maintenance activities; and 2) the Order granting a waiver from the subject rule would prevent Petitioner from a suffering a substantial hardship.
A copy of the Order may be obtained by contacting: Juli Russell, South Florida Water Management District, 3301 Gun Club Road, MSC #1410, West Palm Beach, FL 33406-4680, (561)682-6268 or by email: jurussel@sfwmd.gov.