Notice of Variances and Waivers

Division of Environmental Health
64E-6.009: Alternative Systems
NOTICE IS HEREBY GIVEN that on February 10, 2010, the Department of Health has issued an order.
The order was issued in response to a petition for a variance filed on September 9, 2009, by Daniel Hernandez, Esq., representing Infiltrator Systems, Inc., regarding the “Infiltrator Quick4 Equalizer 36 LP Chamber”. Petitioner sought a variance from subsection 64E-6.009(7), Florida Administrative Code, which requires innovative system testing to be completed before alternative system component and design approval is granted and that the request for approval include the results of the innovative testing. Notice of the petition was published in the September 25, 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.