The order was issued in response to a petition for a waiver filed on March 10, 2008, by Jason Churchill, representing Orenco Systems, Inc., regarding the "Orenco AdvanTex Wastewater Treatment Systems". Petitioner sought a waiver of Rule 64E-6.0295, ...

 

DEPARTMENT OF HEALTH
Division of Environmental Health

RULE NO: RULE TITLE
64E-6.0295: Innovative System Reclassification

NOTICE IS HEREBY GIVEN THAT on November 10, 2008, the Department of Health has issued an order.

The order was issued in response to a petition for a waiver filed on March 10, 2008, by Jason Churchill, representing Orenco Systems, Inc., regarding the “Orenco AdvanTex Wastewater Treatment Systems”. Petitioner sought a waiver of Rule 64E-6.0295, Florida Administrative Code, which requires an applicant desiring reclassification of an innovative technology as performance-based include performance results from the systems installed in the state under the innovative permit. Notice of the petition was published in the March 21, 2008, edition of the Florida Administrative Weekly.

The Department found that the Petitioner failed to demonstrate 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 in the Petitioner’s particular circumstance. Therefore, pursuant to the requirements of Section 120.542(2), Florida Statutes, the Department DENIED Petitioner’s request for a waiver.

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 32399-1734.