On August 1, 2018, the Department of Health, issued an order in response to a petition for a variance filed on June 13, 2017 by Jim King, representing Eljen Corporation. As amended, the petitioner sought a variance from Rule 64E-6.008(5), 64E-6.009(...

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NO.:RULE TITLE:

64E-6.008System Size Determinations

64E-6.009Alternative Systems

64E-6.014Construction Standards for Drainfield Systems

64E-6.026Applications for Innovative System Permits and System Construction Permits

The Florida Department of Health hereby gives notice:

On August 1, 2018, the Department of Health, issued an order in response to a petition for a variance filed on June 13, 2017 by Jim King, representing Eljen Corporation. As amended, the petitioner sought a variance from subsections 64E-6.008(5), 64E-6.009(4), and 64E-6.026(1), and paragraphs 64E-6.009(3)(d), (3)(e), (7)(d), and 64E-6.014(5)(b) Florida Administrative Code, which provide for system sizing and loading rates and proximity of the distribution lines to the drainfield sidewall. Notice of the petition was published in the June 15, 2017 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 create a substantial hardship and violate the principles of fairness in the Petitioner’s particular circumstance. Therefore, pursuant to the requirements of subsection 120.542(2), Florida Statutes, the Department GRANTED WITH CONDITIONS the 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.