NOTICE IS HEREBY GIVEN that on August 25, 2010, the Department of Environmental Protection has issued an order.
The order is for the JRW Bioremediation LLC variance petition (OGC File No.: 10-1502), received on April 26, 2010. The petition requested a variance from the zone of discharge (ZOD) prohibition for discharges through wells under subsection 62-522.300(3) (renumbered as subsection 62-520.310(9)), F.A.C., for the use of CHITOREM® to cleanup sites contaminated with halogenated aromatic and aliphatic hydrocarbons and other chemicals. Specifically, the variance requested a ZOD for antimony, arsenic, selenium, and thallium within a 50-foot radius from the point of discharge for duration of 3 years. Notice of receipt of this petition was published in the Florida Administrative Weekly, on May 21, 2010. No public comment was received. The final order granted a variance from the ZOD prohibition because the petitioner demonstrated a substantial hardship, and that the purposes of the underlying statutes would be met with the conditions imposed by the Department. The conditions require that the use of this product must be through a Department- approved remedial action plan, or other Department- enforceable document, and that such approval shall not be solely by a delegated program; that the discharge must be through a Class V, Group 4 underground injection control well which meets all applicable requirements of Chapter 62-528, F.A.C.; that the extent of the ZOD for antimony, arsenic, selenium, and thallium shall be a 50-foot radius from the point of injection and the duration of the ZOD shall be three years; that the injection of CHITOREM® shall be at such a rate and volume that no undesirable migration occurs of the product, it’s by-products, or the contaminants already present in the aquifer; and that the Department-approved remedial action plan shall address appropriate ground water monitoring requirements associated with the use of CHITOREM® based on site-specific hydrogeology and conditions.
A copy of the Order may be obtained by contacting: Cathy McCarty, Department of Environmental Protection, Underground Injection Control Program, MS #3530, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, (850)245-8654.