STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROBERT R. WASZAK, )

)

Petitioner, )

)

vs. ) CASE NO. 81-347

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held in Fort Lauderdale, Florida on April 21, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: Robert R. Waszak, pro se

60 Northwest 56th Court

Fort Lauderdale, Florida 33302

For Respondent: Alan W. Ludwig, Esquire

Broward County Health Department 2421 Southwest Sixth Avenue Post Office Box 14608

Fort Lauderdale, Florida 33302 ISSUE

Whether a permit to install a septic tank should be issued to Petitioner Robert R. Waszak pursuant to his application received by Respondent Department of Health and Rehabilitative Services on December 16, 1980.

PRELIMINARY STATEMENT

Petitioner Robert R. Waszak purchased a lot in Broward County, Florida on which to erect a residence. After clearing the property and placing land fill thereon Petitioner applied for a septic tank permit. Respondent inspected the site and denied the application. Petitioner requested a formal hearing.

Petitioner testified in his own behalf and presented two (2) exhibits which were entered into evidence. Respondent called one witness and offered three (3) exhibits which were entered into evidence.

FINDINGS OF FACT

1. Petitioner Robert R. Waszak, a resident of Broward County, Florida, purchased Lot 258-A, a 1.25-acre lot in an unrecorded subdivision, Pinetree Estates Subdivision, in Parkland, Broward County, Florida. He cleared the property of a major portion of the sawgrass, pine trees, willows and other types of vegetation and placed thereon fill consisting of sand, rock, shell and other porous material. He obtained a test boring report from Nutting Engineers of Florida, Inc. (Petitioner's Exhibit 2). On December 16, 1980 he filed an application for a septic tank permit on a form provided by the Broward County Health Department together with residential plans and a survey of the property, which application was subsequently denied on January 15, 1981 by the environmental engineering section of the health department.

   
   

2. Respondent made an on-site inspection of the Petitioner's lot on December 18, 1980 and at least one other inspection subsequent thereto. A report was filed as part of the notification of denial (Respondent's Exhibit 1).

   
   

3. The uncompacted fill placed on the subject property by Petitioner created a mound considerably less than six (6) feet in depth on the obviously low, swampy property. Under the fill and the layer of top soil on the lot there is a layer of cap rock overlying the property. The largely impervious cap rock is visible in areas where the fill does not cover it (Respondent's Exhibit 1). Samples of the fill material and also of the cap rock were examined at the hearing by the Hearing Officer. The fill placed on the property has many rock fragments and rock fines in it which, according to the uncontroverted testimony of the Respondent's witness, are subject to chemical reaction which "cements up" a drainfield area when it comes in contact with septic tank effluent. This "cementing" would take from one to two (2) years after installation on the subject property.

   
   

4. There was no evidence presented as to the depth of the water table at the wettest season. Petitioner did not dispute the testimony and evidence presented by the Respondent but was interested in further improvement so that he could use his property as a residential site. He noted that a new subdivision was being built near his property. Respondent pointed out that said subdivision had a central disposal system planned.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction of this matter and the parties thereto pursuant to Section 120.57, Florida Statutes.

   
   

6. Rule 10D-6.24, Location and Installation, Florida Administrative Code, provides:

   1. 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 soils, the proximity

      of existing or future water supplies and possible expansion of the system.

      
      

7. Rule 10D-6.25, Non-use of Septic Tank System, Florida Administrative Code, provides:

   
   

   1. A septic tank system shall not be used on a parcel, lot or building site unless in compliance with all the requirements of this Chapter and the following:

      1. Soils of satisfactory quality or characteristics must exist from the ground surface to the water table at the wettest season of the year or to a depth of six (6) feet, whichever is the lesser. Soils shall provide suitable percolation and be reasonably free of impervious soils such as clay, muck, hardpan, silt, marl, rock or other

   unsuitable materials.

   
   

8. The testimony and evidence received show the fill placed on the subject property does not reach a depth of six (6) feet and is of such a nature that with the introduction of wastes from a septic tank drainfield the various soils found in the fill would "cement up" and change within a period of two (2) years so that the septic tank and drainfield would be inoperable. The underlying layer of cap rock is impervious soil and is an unsuitable material for the use of a septic tank. With the "cementing" of the fill neither the fill nor the cap rock would permit percolation.

   
   

9. In addition the mounding of the soil on the subject property is not consistent with the proper placement and function of an individual sewage disposal system when considering the slope of the property. Accordingly, under the foregoing rules, no septic tank can be used on Petitioner's property.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that the application of Petitioner Robert R. Waszak for a septic tank permit be denied.

DONE and ORDERED this 29th day of June, 1981, in Tallahassee, Leon County, Florida.

DELPHENE C. STRICKLAND, Hearing Officer Division of Administrative Hearings

The Oakland Building 2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 29th day of June, 1981.

COPIES FURNISHED:

Mr. Robert R. Waszak

60 NW 56th Court

Fort Lauderdale, Florida 33302

Alan W. Ludwig, Esquire

Broward County Health Department 2421 SW Sixth Avenue

Post Office Box 14608

Fort Lauderdale, Florida 33302

Alvin J. Taylor, Secretary Department of HRS

1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 81-000347

Orders for Case No: 81-000347