On January 16, 2015, the Department of Health issued an order in response to a petition for a variance filed on December 17, 2013, by Martha Chumbler, representing Infiltrator Systems, Inc., regarding the "Chamber Product spacing". Petitioner ...

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NO.:RULE TITLE:

64E-6.009Alternative Systems

The Florida Department of Health hereby gives notice:

On January 16, 2015, the Department of Health issued an order in response to a petition for a variance filed on December 17, 2013, by Martha Chumbler, representing Infiltrator Systems, Inc., regarding the “Chamber Product spacing”. Petitioner sought a variance from subsection 64E-6.009(7), subparagraphs (7)(a)3. and 4., and paragraph (7)(d), F.A.C., which require requests for approval of system components and designs which are not specifically addressed in Chapter 64E-6, FAC, to be submitted to the Bureau after innovative system testing is completed; requires research results; requires test results; and prohibits approval of drainfield products resulting in drainfields smaller than mineral aggregate drainfields. Notice of the petition was published in the December 31, 2013, 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.

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.