The order was issued in response to a petition for a variance filed on July 24, 2006, by Michael Gauthier, regarding the "Highland Tank Passive Grease Interceptors". Petitioner sought a variance from Rule 64E-6.013(2), (6), (7) and (8), Florida ...

 

DEPARTMENT OF HEALTH
Division of Environmental Health

RULE NO: RULE TITLE
64E-6.013: Construction Materials and Standards for Treatment Receptacles

NOTICE IS HEREBY GIVEN THAT on July 2, 2008, the Department of Health has issued an order.

The order was issued in response to a petition for a variance filed on July 24, 2006, by Michael Gauthier, regarding the “Highland Tank Passive Grease Interceptors”. Petitioner sought a variance from subsections 64E-6.013(2), (6), (7) and (8), Florida Administrative Code, which requires tanks to be made of fiberglass, concrete or polyethylene; compartments no larger than 1250 gallons; and interconnection by 4-inch diameter hole. Notice of the petition was published in the August 18, 2006, edition of the Florida Administrative Weekly.
The Department found that the Petitioner failed to demonstrate 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 in the Petitioner's particular circumstance. Therefore, pursuant to the requirements of Section 120.542(2), Florida Statutes, the Department DENIED 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.