The Department of Health hereby gives notice:
On March 21, 2012, the Department of Health issued an order in response to a petition for a permanent variance filed on June 8, 2009, by Francis C. Hand, representing Harry Bussey, Jr., ICC Technologies, regarding the “Flowtech”. Petitioner sought a variance from subsection 64E-6.009(7), subparagraph (7)(a)4. and paragraph (7)(d), Florida Administrative Code, which requires innovative system testing and prohibits the reduction in drainfield size for alternative drainfield materials. Notice of the petition was published in the June 26, 2009, edition of the Florida Administrative Weekly.
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 CONDITIONS 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.