On July 15, 2014, the Department of Health issued an order in response to a petition for a variance filed on March 25, 2014, by Don Orr, representing Advanced Drainage Systems, Inc., regarding the "Septic Stack". Petitioner sought a variance from ...

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NO.:RULE TITLE:

64E-6.009Alternative Systems

The Department of Health hereby gives notice: on July 15, 2014, the Department of Health issued an order in response to a petition for a variance filed on March 25, 2014, by Don Orr, representing Advanced Drainage Systems, Inc., regarding the “Septic Stack”. Petitioner sought a variance from subsection 64E-6.009(7), and subparagraph (7)(a)4., subsection (7)(d), and subsection (7)(e), Florida Administrative Code, which provides the standards for the approval, design and use of alternative treatment systems; requires prior innovative testing; requires sizing equal to gravel drainfields; and requires components to be labeled. Notice of the petition was published in the March 31, 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 violate principles of fairness and 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.