On April 12, 2016, the Department of Health issued an order in response to a petition for a variance filed on November 9, 2015, by Mark Repasky, PE, representing Plastic Tubing Industries, Inc., regarding the "POTS (passive onsite treatment system)"....

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NO.:RULE TITLE:

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

The Florida Department of Health hereby gives notice:

On April 12, 2016, the Department of Health issued an order in response to a petition for a variance filed on November 9, 2015, by Mark Repasky, PE, representing Plastic Tubing Industries, Inc., regarding the “POTS (passive onsite treatment system)”. Petitioner sought a variance from paragraph 64E-6.026(1)(b), Florida Administrative Code, which requires compelling evidence to include specific testing through a third-party testing organization approved through the NSF Environmental Technology Verification Program. Notice of the petition was published in the November 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.