On November 1, 2013, the Department of Health issued an order in response to a petition for a variance filed on June 28, 2012, by Bryan Turner, President, representing Turner's Septic Service, Inc., regarding the "Poly Standard System PSS 36-12-18." ...

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NO.:RULE TITLE:

64E-6.009Alternative Systems

The Department of Health hereby gives notice: on November 1, 2013, the Department of Health issued an order in response to a petition for a variance filed on June 28, 2012, by Bryan Turner, President, representing Turner’s Septic Service, Inc., regarding the “Poly Standard System PSS 36-12-18.” Petitioner sought a variance from subsection 64E-6.009(7), subparagraph 64E-6.009(7)(a)4, and paragraph 64E-6.009(7)(d), Florida Administrative Code, which requires innovative system testing before alternative system approval is requested, testing results to show empirical data from the results of Florida testing, and alternative drainfield products to be sized the same as gravel systems. Notice of the petition was published in the July 13, 2012, 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.