Division of Administrative Hearings, Florida
Filed: May 01, 1990
The issues for consideration in this proceeding concern whether the Petitioners are entitled to an onsite sewage disposal system (OSDS) permit or are entitled to a variance from the permitting requirements in the statutory and regulatory provisions cited below, so as to be authorize to install an OSDS on their property near the Suwannee River, in the town of Suwannee, in Dixie County, Florida. A belated issue concerns whether the Petitioners are entitled to seek a variance from the statutory and regulatory permitting requirements for OSDS installations in view of Executive Order 90-14 issued by Governor Martinez on January 1, 1990, which the Department maintains removes its discretion to consider variance requests by parties who have been denied permits for proposing systems which do not comply with Rule 10D-6.047(6), Florida Administrative Code, as well as the other rules in that chapter concerning permitting of OSDS enacted pursuant to Section 381.272, Florida Statutes. See Section 381.272(8), Florida Statutes and Rule 10D-6.045, Florida Administrative Code.Onsite Sewage Disposal Syaytem permit denied. Petitioner failed to show entitlement to permit by compling with statutory criteria.
