STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LEONARD B. SAPP, )

)

Petitioner, )

)

vs. ) CASE NO. 78-2521

)

DEPARTMENT OF HEALTH AND ) REHABILITATIVE SERVICES and ) CLAY COUNTY HEALTH DEPARTMENT, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Michael R.N. McDonnell, Hearing Officer for the Division of Administrative Hearings, at 2:00 p.m., on February 13, 1979, in Room 209, Circuit Court Jury Room, Clay County Courthouse, 825 Orange Avenue, Green Cove Springs, Florida.

APPEARANCES

For Petitioner: Appeared on his own behalf.

For Respondent: Robert M. Eisenberg, District IV Counsel Department of Health and

Rehabilitative Services Post Office Box 2417-F Jacksonville, Florida

The Petitioner, Leonard B. Sapp (hereafter Sapp), contests the denial of his application for septic tank permit by Respondents, Department of Health and Rehabilitative Services and Clay County Health Department (hereafter collectively HRS).

FINDINGS OF FACT

1. Sapp is the owner of Lot 24, Tara Farms Subdivision, located at Doctor's Inlet, Clay County, Florida. Sapp's request for septic tank permit was denied by HRS in its letter of November 28, 1978, for the following reasons:

   
   

   1. Soils of unsatisfactory quality beginning at ground level and con- tinuing to entire depth of soil log.

   2. Impervious soils as identified under the "Unified Soil Classification System" as inorganic clays of high plasticity, fat clays, inorganic clays of low to medium plasticity, gravelly clays, sandy clays, silty clays, lean clays.

   3. Percolation test rate exceeds fifteen (15) minutes per inch run-off.

   4. History of septic tank failures in this subdivision.

      
      

2. In its letter, HRS contends that the foregoing reasons for denial constitute a failure to meet the requirements of Chapter 10D-6, Florida Administrative Code, standards for individual sewage disposal facilities. Understanding that the soil was unacceptable in its natural condition, Sapp employed a consulting engineer, Mr. H. C. Stone, to design a plan that would conform to state regulations. Mr. Stone recommended that a 40' X 70' X 3' compacted free-draining sand fill be employed to provide an adequate filter bed for the septic tank. Mr. Stone further recommended that the drain field consist of not less than 300 feet of drain pipe (perforated or open joint) installed in the middle of the fill area. Stone further recommended that the laundry facilities be discharged through a separate 225 gallon tank with a separate drain field consisting of 75 feet of drain tile and a 15' x 40' X 3' compacted free draining sand fill.

   
   

3. The depth of the water table during the wettest season of the year from the surface is 20 inches.

   
   

4. Installation of the sandfill to a depth of 3 feet would create soils of satisfactory quality and characteristics from the surface to the water table at the wettest season of the year and would eliminate objectionable impervious soils from the system.

   
   

5. The percolation test rate for the natural soils exceeds 15 minutes per inch run-off, but the proposed drain field would have a percolation rate of only

   1.2 minutes per inch.

   
   

6. While evidence of septic tank systems failures in the same subdivision was introduced, none of the examples of failure occurred in systems with the same specifications as those proposed by Sapp for use on his property. Of the three examples given, all contained a significantly lesser depth of free- draining sand fill.

   
   

   CONCLUSIONS OF LAW

   
   

7. Four reasons were given for the original denial of Sapp's application for septic tank permit. Mr. Stone's proposal adequately meets each of the four objections. All objectionable soils are eliminated from the system, the percolation test rate is brought below the maximum allowed by state regulation and there was no demonstrated history of septic tank failures occurring in similarly designed systems. Accordingly, it is

RECOMMENDED that HRS issue the requested septic tank permit.

DONE and ENTERED this 25th day of May, 1979, in Tallahassee, Florida.

MICHAEL R. N. MCDONNELL

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Robert M. Eisenberg, Esquire District IV Counsel Department of HRS

Post Office Box 2417-F Jacksonville, Florida 32231

Leonard Sapp 731 Tara Farms

Doctor's Inlet, Florida 32030

Docket for Case No: 78-002521

Orders for Case No: 78-002521