Division of Administrative Hearings, Florida
Filed: Aug. 21, 2014
The issues are whether Petitioner's substantial interests are determined by the issuance of the subject variance to Respondent Advanced Drainage Systems, Inc. (ADS) for the sale of an alternative drainfield system in Florida and whether, pursuant to section 120.542, Florida Statutes, on the grounds of substantial hardship or unfairness, ADS is entitled to this variance from three provisions of Florida Administrative Code Rule 64E-6.009(7) that, as to onsite sewage treatment and disposal systems (OSTDSs), require innovative system testing and prohibit an alternative drainfield system with an area smaller than the area required for a mineral-aggregate drainfield.No variance for rules that do not apply to variance applicant. Variance on fairness ground for rule setting minimum area of drainfields. BOP on variance applicant to prove entitlement by preponderance. Economic injury OK for standing.
