On June 19, 2015, the Department of Health issued an order in response to a petition for a waiver filed on December 31, 2013, by Albert Frick, partner of BUSSE Florida and representative of BUSSE, regarding the "BUSSE Advanced Treatment Unit". ...

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NOS.:RULE TITLES:

64E-6.005Location and Installation

64E-6.012Standards for the Construction, Operation, and Maintenance of Aerobic Treatment Units

64E-6.013Construction Materials and Standards for Treatment Receptacles

The Florida Department of Health hereby gives notice:

On June 19, 2015, the Department of Health issued an order in response to a petition for a waiver filed on December 31, 2013, by Albert Frick, partner of BUSSE Florida and representative of BUSSE, regarding the “BUSSE Advanced Treatment Unit”. Petitioner sought a waiver of subsection 64E-6.005(2), F.A.C., and paragraph 64E-6.012(2)(f), F.A.C., and numerous provisions of Rule 64E-6.013, F.A.C., which require onsite sewage systems to be located at least five feet from building foundations and not beneath or within buildings; prohibits a bypass in an aerobic treatment unit; and provides construction standards for treatment receptacles to be constructed of concrete, fiberglass or polyethylene that are to be buried in the ground. Notice of the petition was published in the March 18, 2014, 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 waiver.

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.