NOTICE IS HEREBY GIVEN that on August 16, 2010, the Department of Health has issued an order.
The order was issued in response to a petition for a variance filed on May 19, 2010, by Daniel Hernandez, Esq., representing Infiltrator Systems, Incorporated, regarding the “treatment receptacle bulkhead stiffening member”. Petitioner sought a variance from paragraph 64E-6.013(2)(a), Florida Administrative Code, which requires all receptacle stiffing members such as ribs to be a homogenous part of the structure. Notice of the petition was published in the June 4, 2010, 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.