The order was issued in response to a petition for a variance filed on August 14, 2007, by Daniel Hernandez, representing Infiltrator Systems, Incorporated, regarding the "Quick 4 Equalizer 24 HD Chamber". Petitioner sought a variance from Rule 64E-...

 

DEPARTMENT OF HEALTH
Division of Environmental Health

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

NOTICE IS HEREBY GIVEN THAT on June 12, 2008, the Department of Health has issued an order.

The order was issued in response to a petition for a variance filed on August 14, 2007, by Daniel Hernandez, representing Infiltrator Systems, Incorporated, regarding the “Quick 4 Equalizer 24 HD Chamber”. Petitioner sought a variance from subsection 64E-6.009(7), subparagraphs 64E-6.009(7)(a)3., (7)(a)4., and paragraph 64E-6.009(7)(d), Florida Administrative Code, which requires applicants requesting alternative system component approval to supply empirical data showing results of innovative testing in Florida. Notice of the petition was published in the August 31, 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.