NOTICE IS HEREBY GIVEN that on January 14, 2010, the Department of Health has issued an order.
The order was issued in response to a petition for a variance filed on October 19, 2009, by Richard H. Bachelder, representing Advanced Drainage Systems/Hancor, regarding the “ARC 18 and ARC 36 Chambers”. Petitioner sought a variance from subsection 64E-6.009(7), Florida Administrative Code, which requires requests for alternative system component and design approval to include empirical data showing results of innovative system testing in the State of Florida. Notice of the petition was published in the November 6, 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.