Notice of Variances and Waivers
RULE NO: RULE TITLE64E-6.0151
: Additive Use
NOTICE IS HEREBY GIVEN that on December 16, 2009, the Department of Health has issued an order.
The order was issued in response to a petition for a variance filed on September 17, 2009, by Scott Wallace, P.E., representing South Florida Council BSA, regarding the “GE Zenon Membrane Bioreactor”. Petitioner sought a variance from paragraph 64E-6.0151(2)(c), Florida Administrative Code, which requires that test results from a State or EPA-certified laboratory demonstrating that use of the additive, drainfield conditioner or restorative product will not result in violations of surface water or groundwater standards in Rule 64E-6.0151, F.A.C. Notice of the petition was published in the October 2, 2009, 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 32399-1703.