STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WYATT S. ODOM, )

)

Petitioner, )

)

vs. ) CASE NO. 80-1017

) STATE OF FLORIDA, DEPARTMENT ) OF HEALTH AND REHABILITATIVE ) SERVICES )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on September 10, 1980, in Jacksonville, Florida.

APPEARANCES

For Petitioner: Although properly noticed,

1/ Petitioner was not present or otherwise represented at the hearing.

For Respondent: Leo J. Stellwagen, Esquire

Assistant District IV Counsel Department of Health and

Rehabilitative Services Post Office Box 2417 F Jacksonville, Florida 32231

FINDINGS OF FACT

1. Based upon my observation of Respondent's witnesses and their demeanor while testifying, the documentary evidence received and the entire record compiled herein, the following relevant facts are found.

   
   

2. Sometime prior to May 7, 1980, Petitioner, Wyatt S. Odom, applied for a permit to construct an individual sewage disposal facility for a houseboat on Drs Lake in Orange Park, Clay County Florida. By letter dated May 7, 1980, Ronald E. Bray, Sanitarian Supervisor for the Clay County Health Department, advised Petitioner that his permit application to construct an individual sewage disposal facility for a houseboat was being denied since the area of Petitioner's property was approximately 26,250 square feet2 A survey of the subject property revealed that the area is 19,890 square feet, which is of course less than one-half acre. (Respondent's Exhibit 2) (0.60 acre) with three individual sewage disposal systems already existing on the property; the land was not suitable for the installation that would allow the proper and required drainfield absorption area and setback requirement could not be maintained due to the existence of buildings, waterlines, wells, a lake and existing sewage

   disposal facilities which, if permitted, would be in contravention of Chapters 10D-6.23(2) and 10D-6.24(2), (3), (4) and (6), Florida Administrative Code.

   
   

3. Supervisor Bray and Sanitarian Thomas Haley, observed the subject property and the survey, and concluded that based on the size of Petitioner's property and the existing wells and septic tanks thereon, it was unsuitable for and could not satisfy the setback requirements and the required drainfield absorption area. (Testimony of Ronald E. Bray.)

   
   

4. As stated, Petitioner did not appear at the hearing to contest the Respondent's denial of his permit application.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.

   
   

6. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

   
   

7. The authority of the Respondent is derived from Chapter 10d-6, Florida Administrative Code.

   
   

8. Chapter 10D-6.23(1), Florida Administrative Code, provides in pertinent part that an individual sewage disposal system shall be located and installed so that with reasonable maintenance it functions in a sanitary manner, does not create nuisances or health hazards, and does not endanger the safety of any domestic water supply. Consideration shall be given to the size and shape of the lot, the slope of the ground surface, water table elevation, characteristics of soil, the proximity of existing or future water supplies and possible expansion of the system. Subparagraph (2) thereof provides that septic tanks ".

   . . shall not be located laterally within seventy-five (75) feet of any private water supply." Septic tanks and absorption beds or drainfields shall not be located under any building or within five (5) feet thereof, or within five (5) feet of property lines except where property lines abut utility easements.

   Drainfields or absorption beds shall not be located within ten (10) feet of water supply lines. Individual sewage disposal systems shall not be located laterally within fifty (50) feet of the high-water lines of lakes, streams, canals or other waters. (Chapter 10d-6.24(2), (3) and (4), Florida Administrative Code.)

   
   

9. A review of the survey of Petitioner's property indicates that there is presently three one-story dwellings with existing wells and septic tanks situated on the property which is approximately 19,890 square feet. At present, one of the wells is situated within seventy-five (75) feet of two of the existing sewage disposal systems. Additionally, due to the existing wells and septic tanks on the property, minimum setback requirements cannot be maintained. For these reasons, Respondent properly denied Petitioner's request to construct an individual sewage disposal facility for a houseboat. I shall so recommend.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of law, it is hereby

RECOMMENDED:

That the Respondent's denial of Petitioner's request for a permit to construct an individual sewage disposal facility for a houseboat on Drs. Lake in Orange Park, Florida, be UPHELD.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 19th day of September, 1980.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 19th day of September, 1980.

COPIES FURNISHED:

Wyatt S. Odom

P. O. Box 14735 Jacksonville, Florida 32210

Leo J. Stellwagen, Esquire Assistant District IV Counsel Department of Health and

Rehabilitative Services Post Office Box 2417F Jacksonville, Florida 32231

Alvin J. Taylor, Secretary Department of Health and

Rehabilitative Services 1321 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 80-001017

Orders for Case No: 80-001017