The order was issued in response to a petition for a variance filed on October 15, 2007, by Cynthia S. Tunnicliff, Esq., representing Ring Industrial Group, LP, regarding the "1003H-GEO and 1203H-GEO". Petitioner sought a variance from Rule 64E-6....

 

DEPARTMENT OF HEALTH
Division of Environmental Health

RULE NO: RULE TITLE
64E-6.009: Alternative Systems

NOTICE IS HEREBY GIVEN THAT on July 3, 2008, the Department of Health has issued an order.

The order was issued in response to a petition for a variance filed on October 15, 2007, by Cynthia S. Tunnicliff, Esq., representing Ring Industrial Group, LP, regarding the “1003H-GEO and 1203H-GEO”. Petitioner sought a variance from subparagraph 64E-6.009(7)(a)4. and paragraph (d), Florida Administrative Code, which requires requests for alternative system component material and design approval to include empirical data showing test results of innovative system testing in Florida and prohibits approval of alternative materials and designs that would result in a reduction of drainfield size. Notice of the petition was published in the October 26, 2007, edition of the Florida Administrative Weekly.

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 STIPULATIONS Petitioner’s request for a variance.

A copy of the Order may be obtained by contacting: Agency Clerk, Department of Health, Office of the General Counsel, 4052 Bald Cypress Way, Bin A02, Tallahassee, Florida 32399-1734.