NOTICE IS HEREBY GIVEN that on July 08, 2009, the Department of Health has issued an order.
The order was issued in response to a petition for a variance filed on May 27, 2009, by Daniel Hernandez, Esq., representing Infiltrator Systems, Incorporated, regarding the “Quick4 Equalizer 24 Low Profile Chamber”. Petitioner sought a variance from subsection 64E-6.009(7), paragraphs 64E-6.009(7)(a) and (7)(d), Florida Administrative Code, which require that after innovative system testing is completed, requests for approval of system components and designs which are not specifically addressed in Chapter 64E-6, F.A.C., to be submitted to the department’s Bureau of Onsite Sewage Program. Requests for approval are required to include empirical data showing the results of innovative system testing in the state of Florida. The rules also require that alternative drainfield materials and designs not be approved when they would result in a reduction in drainfield size compared to a mineral aggregate drainfield. Notice of the petition was published in the June 12, 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 STIPULATIONS Petitioner’s request for a variance.
A copy of the Order 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.