Published on: 20900898. NOTICE IS HEREBY GIVEN that on September 12, 2018, the Department of Health has issued an order provisionally granting the Petition for Emergency, Permanent Variance from Rule 64E-6.013(2)(I).
Petitioner's Name: Infiltrator Water Technologies, LLC
Date Petition Filed: March 8, 2018
Rule No.: 64E-6.013, F.A.C.
Nature of the rule for which a variance or waiver is sought: Requirements for materials and standards for treatment receptacles in onsite sewage treatment and disposal systems; requiring that joints be sealed using a bonding compound that meets the standard published by the American Society of Technology and Materials (ASTM) C 990-96, Standard Specification for Joints for Concrete Pipe, Manholes, and Precast Box Sections using Preformed Flexible Joint Sealants.
Date Petition Published in the Florida Administrative Register: March 15, 2018
General Basis for Agency Decision: Petitioner has demonstrated entitlement to a provisional variance from the ASTM C 990-96 standard requiring bitumen or butyl rubber sealants by showing that Petitioner's proposed gasket materials have tested to provide the required seal.
Published on: 20182225. variance from Dave Lentz, representing Infiltrator Water Technologies, LLC. Specifically, the petitioner seeks a variance from 64E-6.013(2)(i), Florida Administrative Code, which states that joints of receptacles shall be sealed using a bonding compound that meets ASTM C 990-96.
Published on: 19903059. On December 1, 2017, the Department of Health issued an order in response to a petition for a variance filed on February 6, 2017, by Marshall T. Mott-Smith, representing Modern Welding Company of Florida, Inc., regarding the "coated steel passive grease interceptor". Petitioner sought a variance from Rules 64E-6.013(1)(a), (1)(d), (1)(f), (2)(a), (2)(h), (4) and (7)(d), Florida Administrative Code, which provide the standards for the design, construction and testing of treatment receptacles for onsite sewage treatment and disposal systems, including construction materials, tests observed by a Florida-Licensed Engineer, traffic lid standards, tank compartment sizing, inter-compartment connectivity, annual manufacturing inspection, and overall capacity. Notice of the petition was published in the February 10, 2017, edition of the Florida Administrative Register.
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 violate principles of fairness and 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.
Published on: 19371111. On August 31, 2017, the Department of Health issued an order in response to a petition for a variance filed on April 25, 2017, by Matthew Kirby, representing Oldcastle Precast. Petitioner sought a variance from Rule 64E-6.013(1)(b)4. (subsequently amended to 64E-6.013(11)(b)), (2)(b), and (7)(a), Florida Administrative Code, which limits the repair of chips below the water line, requires a minimum tank depth of 40 inches and requires an outlet T that extends to within 8 inches of the tank bottom. Notice of the petition was published in the April 26, 2017, edition of the Florida Administrative Register.
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.
Published on: 18899788. variance from Matthew Kirby, representing Oldcastle Precast. Specifically, the petitioner seeks a variance from 64E-6.013(1)(b)4., (2)(b), and (7)(a), Florida Administrative Code, which allows calculations for walls of five inches thickness or greater, a minimum tank depth of 40 inches, an outlet T that extends to within 8 inches of the tank bottom and requires designs to meet ACA 318-99 rather than the newer code.
Published on: 18586187. variance from Marshall T. Mott-Smith, representing Modern Welding Company of Florida, Inc. Specifically, the petitioner seeks a variance from 64E-6.013(1)(a), (1)(d), (1)(f), (2)(a), (2)(h), (4) and (7)(d), Florida Administrative Code, which provides the standards for the design, construction and testing of treatment receptacles for onsite sewage treatment and disposal systems, including construction materials, tests observed by a Florida-Licensed Engineer, traffic lid standards, tank compartment sizing, inter-compartment connectivity, annual manufacturing inspection, and overall capacity.
Published on: 16774130. On November 13, 2015, the Department of Health issued an order in response to a petition for a variance filed on April 6, 2015, by Bennette D. Burks, PE, representing Fuji Clean USA, regarding the "Fuji Clean tanks CE5 and CE10". Petitioner sought a variance from Rule 64E-6.013(1)(b)1.; (2)(a), (i), (j); (3)(a)1., (g); (6)(b), (d)4.; (4); and (10), Florida Administrative Code, which establish requirements for the approval of fiberglass onsite sewage treatment receptacles. Notice of the petition was published in the April 16, 2015, edition of the Florida Administrative Register.
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.