On March 17, 2014, the Department of Health issued an order in response to a petition for a variance filed on November 15, 2013, by Lee Rashkin, Director of Sales and Marketing, representing Presby Environmental, Inc. Petitioner sought a variance ...

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NOS.:RULE TITLES:

64E-6.008System Size Determinations

64E-6.009Alternative Systems

64E-6.014Construction Standards for Drainfield Systems

64E-6.026Applications for Innovative System Permits and System Construction Permits

The Department of Health hereby gives notice: on March 17, 2014, the Department of Health issued an order in response to a petition for a variance filed on November 15, 2013, by Lee Rashkin, Director of Sales and Marketing, representing Presby Environmental, Inc. Petitioner sought a variance from subsection 64E-6.008(5); paragraphs 009(3)(d), (e), and (j), subsection (4), and paragraph (7)(d); paragraphs .014(1)(b) and (5)(b); and subsection .026(1), Florida Administrative Code, which requires drainfield sizing to be based on Rule 64E-6.008 Table I and Table III or on paragraph 64E-6.009 (3)(d); the distance between the bed sidewall and center of the outside drainline to be no more than 18 inches and no less than 6 inches; and alternative drainfield materials shall not be approved with a reduction in drainfield size to be less than mineral aggregate based on using the soil surface at the bottom of the drainfield for comparison; requiring low-pressure dosing under certain circumstances; and other design requirements. Notice of the petition was published in the November 21, 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.