Notice of Variances and Waivers

Division of Environmental Health
64E-6.013: Construction Materials and Standards for Treatment Receptacles
The Department of Health hereby gives notice:
On November 18, 2011, the Department of Health issued an order in response to a petition for a variance filed on June 6, 2011, by Gary Duren, representing Highland Tank Manufacturing Company, regarding the “Highland Tanks Steel Grease Interceptor”. Petitioner sought a variance from paragraphs 64E-6.013(1)(a), (2)(a), (2)(h), subsections (4) and (7), Florida Administrative Code, which requires tanks to be constructed of concrete, fiberglass or polyethylene; tanks to have multiple compartments; compartments to be connected with 4-inch openings; annual manufacturing inspection procedures; and various grease interceptor requirements. Notice of the petition was published in the June 17, 2011, 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.