On June 20, 2012, the Department of Health issued an order in response to a petition for a variance filed on April 5, 2012, by Gary S. Duren, representing Highland Tank, regarding "protected steel grease interceptors." Petitioner sought a variance ...

 

DEPARTMENT OF HEALTH
Division of Environmental Health

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

The Department of Health hereby gives notice on June 20, 2012, the Department of Health issued an order in response to a petition for a variance filed on April 5, 2012, by Gary S. Duren, representing Highland Tank, regarding “protected steel grease interceptors.” Petitioner sought a variance from paragraphs 64E-6.013(1)(d), (1)(f) and (7)(d), Florida Administrative Code, which requires testing to be conducted in the presence of a Florida Licensed Engineer or a department employee; traffic lids to be designed in accordance with ASTM C 890-91; and the maximum volume of any grease interceptor chamber to be 1250 gallons. Notice of the petition was published in the April 20, 2012, 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 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.