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 ...

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NO.:RULE TITLE:

64E-6.013Construction Materials and Standards for Treatment Receptacles

The Florida Department of Health hereby gives notice:

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 subparagraph 64E-6.013(1)(b)1., F.A.C.; paragraphs 64E-6.013(2)(a), (i) and (j), F.A.C.; subparagraph 64E-6.013(3)(a)1., F.A.C.; paragraphs 64E-6.013(3)(g), (6)(b) and (d)4., F.A.C., and subsections 64E-6.013(4) and (10), F.A.C., 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.

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.