STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

HERBERT H. LEWIS, )

)

Petitioner, )

)

vs. ) CASE NO. 81-535

) 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, K. N. Ayers, held a public hearing in the above styled case on April 28, 1981 at Jacksonville, Florida.

APPEARANCES

For Petitioner: Herbert H. Lewis, pro se

259 South Roscoe Boulevard

Ponte Vedra Beach, Florida 32082

For Respondent: Paul C. Doyle, Esquire

Department of Health and Rehabilitative Services

District IV Legal Counsel Post Office Box 2417-F 5920 Arlington Expressway

Jacksonville, Florida 32231

By letter dated March 4, 1981, Herbert H. Lewis, Petitioner, requested an administrative hearing to contest the denial of his application to install a septic tank on his property in St. Johns County, Florida.

At the hearing Petitioner testified on his own behalf, one witness was called by Respondent and three exhibits were admitted into evidence. The facts are undisputed.

FINDINGS OF FACT

1. Petitioner owns a tract of land shaped in a truncated right triangle with the width at the base of 208.7 feet, the length at the altitude of 406.9 feet, and the width at the truncation of 50 feet (Exhibit 1). The tea of this tract is 1.208 acres.

   
   

2. Petitioner has lived on this property for nine years with a private well and septic tank without experiencing any difficulty with the septic tank.

3. Some years back Petitioner converted stables on the property into a one bedroom guest house and installed a septic tank for this guest house.

   
   

4. Petitioner proposes to construct a residence in the southeastern corner of his property for his daughter and her husband and needs a septic tank permit before a building permit will be issued. The drain field for the proposed septic tank would be located more than 200 feet from any existing well.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter of and the parties to these proceedings.

   
   

6. Section 381.272, Florida Statutes (1979) establishes guidelines for the installation of septic tanks in areas complying with the drainage requirements of Chapter 10D-6, Florida Administrative Code. This statute requires a minimum of one-half acre per lot (on which a septic tank may be located) in subdivisions of 50 or more lots with private wells and individual sewage disposal facilities. Where a public water system is available individual sewage disposal facilities may be installed on lots of one-third acre area. Five or more units on a single water system constitutes a public water system. Section 381.272(5) provides the Department of Health and Rehabilitative Services may adopt variances in hardship cases which may be less restrictive than the one-half or one-third acre requirements.

   
   

7. The installation of a third individual sewage disposal system on a 1.2 acre tract would result in less than the one-half acre per septic tank required where a private water system is used. This would violate provisions of Section 381.272.

   
   

8. The waste discharge from the one bedroom guest house and the main residence of Petitioner would be expected to be less than would the discharge from two average residences. Furthermore, the two existing residences and the proposed third residence would all be connected to the existing well. These factors would appear significant if Petitioner applies for a variance. Since no evidence respecting the granting of a variance was presented and Petitioner was unaware before this hearing that a variance could be applied for, this issue was neither presented nor considered during these proceedings.

From the foregoing it is concluded that the addition of another septic tank on Petitioner's 1.2 acre tract would result in three Septic tanks being located on this property giving only 0.4 acres per septic tank rather than 0.5 acres required by the statute. It is, therefore

RECOMMENDED that the application of Herbert H. Lewis for a permit to install a third septic tank on this 1.2 acre tract in St. Johns County be denied.

DONE AND ENTERED this 1st day of May, 1981 in Tallahassee, Leon County, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Division of Administrative Hearings this 1st day of May, 1981.

COPIES FURNISHED:

Mr. Herbert H. Lewis

259 S. Roscoe Boulevard

Ponte Vedra Beach, Florida 32082

Paul C. Doyle, Esquire

HRS District IV Legal Counsel Post Office Box 2417-F

5920 Arlington Expressway

Jacksonville, Florida 32231

Docket for Case No: 81-000535

Orders for Case No: 81-000535