The Department of Health hereby gives notice:
The order was issued in response to an amended petition for a variance filed on April 6, 2011, by Martha Harrell Chumbler, representing Infiltrator Systems, Inc., regarding the “IM-1060 Tank”. The amended petition replaced an earlier petition for variance filed on December 23, 2011, by Daniel Hernandez, esq. In the amended petition, Petitioner sought a variance from paragraphs 64E-6.013(1)(a), (2)(a), (2)(i), (3)(f), (6)(c), (10)(d), Florida Administrative Code, which requires tanks to be constructed of concrete, fiberglass or polyethylene; tank stiffening members to be a homogenous integral part of the structure; joints, mid-seams, risers and lids to be sealed using a bonding compound that meets ASTM C 990-96; tanks to meet either category 3 or 4 burial conditions; polyethylene receptacles to meet IATMO PS 1-93, Paragraph 5.4, regarding wall, top, bottom and cover thickness; and tanks with seams below the outlet invert to be watertightness tested per ASTM C 1227-98 after installation in the field. Notice of the original petition was published in the January 14, 2011, edition of the Florida Administrative Weekly and notice of the amended petition was published in the April 22, 2011, edition.
The Department found that the Petitioner demonstrated that the underlying intent of the statute could be achieved by alternative means and that strict application of the rules would create a substantial hardship in the Petitioner’s particular circumstance. Therefore, pursuant to the requirements of Section 120.542(2), Florida Statutes, the Department GRANTED WITH STIPULATIONS Petitioner’s request for a variance.
A copy of the Order or additional information may be obtained by contacting:
Agency Clerk, Department of Health, Office of the General Counsel, 4052 Bald Cypress Way, Bin #A02, Tallahassee, Florida 32399-1703.