STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
STATE OF FLORIDA, DEPARTMENT ) OF ENVIRONMENTAL REGULATION, )
)
Petitioner, )
)
vs. ) CASE NO. 78-2215
) DER CASE NO. PW-80-78
THOMAS HEARNS, )
)
Respondent. )
)
RECOMMENDED ORDER
THIS CAUSE is before the undersigned based on the joint stipulation and notion of the Petitioner, State of Florida, Department of Environmental Regulation, and the Respondent, Thomas Hearns, pursuant to Sections 120.57(3), Florida Statutes, and 17-1.58(3), Florida Administrative Code, wherein the parties moved the Hearing Officer to issue to the Petitioner a Recommended Order containing legal conclusions incorporating the following stipulation of facts and corrective actions:
The Respondent is an individual who owns or operates a water system that provides piped water for human consumption to the residents of the area known as Mammouth Grove Subdivision. The water system serves greater than fourteen service connections. The Respondent has owned or operated the water system since at least November, 1976.
In the past the department has informed the Respondent of the department's belief that the Respondent was violating the Florida Safe Drinking Water Act, Sections 403.850 - 403.864 Florida Statutes, or its predecessor statute, Chapter 381, Florida Statutes, and applicable rules and regulations. The department informed the Respondent of the department's belief by sending the Respondent various warning notices and letters of notice.
The Respondent does not continually apply effective disinfection measures to the water distributed to the service connections of Respondent's water system. The water system does not have any disinfection equipment as part of the water system.
Neither the department nor the Polk County Health Department has received from the Respondent reports which state the microbiological quality of the water in the water system. No reports were received because the Respondent did not collect any samples of the water and thereafter have the samples analyzed.
The Respondent's water system has a daily flow of more than 2,500 gallons per day but less than 0.1 million gallons per day. The operation, maintenance and supervision, if any, of the water system are not performed by a person who has passed an examination that entitles such person to be a certified operator.
Neither the department nor the Polk County Health Department has received from the Respondent reports which contain information about the operation and maintenance of the water system.
The Respondent has not given written notice to each of the customers of the water system that the water the water system distributes is not sampled and analyzed for microbiological quality.
The Respondent's water system, which consists of a well, pump, pressure tank and distribution lines, was constructed without obtaining, prior to construction, approval of plans and specifications for the water system.
The pressure tank on the Respondent's water system is without a bypass and a drain. The water system is not constructed with a down opening sampling tap on the discharge side of the well pump.
The department and the Polk County Health Department have expended time and money investigating the Respondent's water system and preparing the Notice of Violation.
The facts stated in paragraphs 1, 3, 4, 5, 6, 7, 8, 9 and 10, will continue to exist, currently exist and have existed since October, 1976.
The department and the Polk County Health Department have incurred costs and expenses while investigating this matter. The costs and expenses and how they were incurred are as follows:
DATE | PURPOSE | TRAVEL COST | EMPLOYEE COST | ||
10/4/76 | Inspections | 38 | mi. | at $.14/mi. | $ 12.50 |
11/2/76 | Notification of Violations | None | 8.50 | ||
12/14/76 | Inspections | 38 | mi. | at $.14/mi. | 10.00 |
2/17/77 | Notice | None | 8.50 | ||
3/8/77 | Meeting with Mr. Hearns | None | 6.26 | ||
6/7/77 | Confirm telecon | None | 7.50 | ||
12/23/77 | Inspection Status Check | 38 | mi. | at $.14/mi. | 10.00 |
1/5/78 | Notification of Violation | None | 8.50 | ||
1/23/78 8/21/78 | Prepare Case Report Notify D.E.R. Inspection | and 38 | mi. | None at $.14/mi. | 21.00 10.00 |
For D.E.R.:
Inspection 224 mi. at $.14/mi. 46.16
Total Costs: Polk County | Health Department - Travel | $ 21.28 | |
- Employee | $102.76 | ||
Department of Environmental Regulation | - Travel | $ 31.36 | |
- Employee | $ 46.16 | ||
Total Costs of Polk County Health Department and Department of Environmental Regulation:
Travel - $ 52.64 Employee - $148.92
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.
The authority of the Department is derived from Chapter 403, Florida Statutes, and Section 17-22, Florida Administrative Code.
The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.
The Department of Environmental Regulation is the administrative agency of the State of Florida which has the authority and duty to administer and enforce the Florida Safe Drinking Water Act, Sections 403.850 - 403.864, Florida Statutes, and the rules promulgated thereunder, Section 17-22.101 - 17- 22.114, Florida Administrative Code. The Department, pursuant to 75-22, laws of Florida, prior to July 1, 1977, and since July 1, 1975, had the authority and duty to administer and enforce the sections of Chapter 381, Florida Statutes, and Sections 17-22.01 - 17-22.16, Florida Administrative Code, concerning public water systems. Prior to July 1, 1975, the Department of Health and Rehabilitative Services, Bureau of Safe Sanitary Engineers had the authority and duty to administer and enforce sections of Chapter 381, Florida Statutes, and Chapter 10D-4, Florida Administrative Code. Chapter 10D-4, Florida Administrative Code, became Section 17-22.01 - 17-22.16, Florida Administrative Code, when the public water system program was transferred to the Department from the Department of Health and Rehabilitative Services.
Based on the foregoing findings of fact and conclusions of law, it is hereby,
RECOMMENDED:
For sixty (60) days from service of the Final Order, the Respondent, Thomas Hearns, shall not have to institute that construction required by paragraph 3 below. However, within the sixty (60) days the Respondent shall obtain a firm purchase commitment from a qualified purchaser. A firm purchase commitment is either a signed contract of purchase or a signed contract to purchase between the Respondent and a qualified purchaser. A qualified purchaser is a person or other legal entity that the Petitioner and Polk County Health Department adjudge to be capable of taking over the water system, bringing it into compliance with Chapter 17-22, Florida Administrative Code, and thereafter keeping the system in compliance with Chapter 17-22, Florida Administrative Code. Upon obtaining a purchase commitment, the Respondent shall send a copy of the purchase commitment to the Department of Environmental Regulation and Polk County Health Department. Within twenty (20) days of receipt the Petitioner and the Polk County Health Department shall review the purchase commitment for its acceptability as a firm purchase commitment by a
qualified purchaser. Written notice as to whether the Respondent has obtained a commitment which is a commitment by a qualified purchaser shall be given to the Respondent by the Petitioner. The Respondent, to the extent contained in this paragraph, waives his right and capacity to contract and specifically reserves unto the Petitioner the right to void any purchase commitment that is determined to be other than a firm purchase commitment from a qualified purchaser.
Failure of the Respondent to obtain a firm purchase commitment within sixty (60) days of service of the Final Order on the Respondent will cause the times and measures for corrective action, contained in paragraph 3 below, to become effective as of the sixty-first (61st) day from the date of service of the Final Order on the Respondent.
The corrective actions and the times for taking them are:
Within thirty (30) days of the sixtieth (60th) day from service of final orders in this case, the Respondent shall install disinfection equipment into the Respondent's water system. The disinfection equipment must be capable of maintaining the degree of disinfection required by Section 17-22.106(3)(c), Florida Administrative Code. The required degree of disinfection shall thereafter be maintained throughout the water system at all times and the disinfection equipment shall be kept in continual operation. Sections 17- 22.106(3)(c) and 17-22.107(3)(a), Florida Administrative Code.
Within fifteen (15) days of the sixtieth (60th) day from service of final orders in this case, the Respondent shall, by collecting and submitting two (2) samples for analysis, initiate the collection of water samples of the Respondent's water system and the Submission of the samples for microbiological analysis. Thereafter, the Respondent shall collect and submit for analysis two
(2) compliance samples per month. Section 17-22.105(1)(d), Florida Administrative Code.
Within fifteen (15) days of the sixtieth (60th) day from service of final orders in this case, the Respondent shall notify, by written notice to each customer, all customers of the Respondent's water system of the fact that the Respondent fails to perform microbiological monitoring. Section 17-22.112, Florida Administrative Code.
Within fifteen (15) days of the sixtieth (60th) day from service of final orders in this case, the Respondent shall retain the services of a certified operator who shall thereafter operate, maintain and supervise the Respondent's water system. Section 17-22.107(3)(b), Florida Administrative Code.
Within forty-five (45) days of the sixtieth (60th) day from service of final orders in this case, the Respondent shall commence, by the submission of a monthly operation report on the water system, the submission of monthly operation reports to the Department. Thereafter, such reports shall be submitted monthly. Section 17-22.111(2), Florida Administrative Code.
Within thirty (30) days of the sixtieth (60th) day from service of final orders in this case, the Respondent shall commence, by the submission of the results of the analyses of the samples taken pursuant to subsection 3.B. above, the monthly submission of the results of analyses taken by the Respondent to fulfill his Section 17-22.105(1)(d), Florida Administrative Code, monitoring requirement. Thereafter, the Respondent shall submit monthly the results of
compliance monitoring. Sections 17-22.107(3)(c) and 17-22.111(2), Florida Administrative Code.
Within forty-five (45) days of the sixtieth (60th) day from service of final orders in this case, the Respondent shall submit "as-built" engineering plans of the water system, as well as an application for a construction permit. The construction permit shall contain plans and specifications for proposed construction which shall: (1) install a downopening sampling tap on the discharge side of the well pump, and (2) install a bypass and a drain on the system's pressure tank.
Within forty-five (45) days of the sixtieth (60th) day from service of final orders in this case, the Respondent shall submit to the Department's Southwest District Office, Tampa, Florida, the sum of Two Hundred Fifty Dollars and Sixty-nine Cents ($250.69).
The Petitioner waives payment of the costs of investigation in this case if the Respondent has a firm purchase commitment from a qualified purchaser within sixty (60) days of service of the Final Order on him, or the Respondent complies with the corrective measures and times stated in paragraph 3, AG, above.
The Petitioner will place the Respondent in touch with the Department of Community Affairs and the Federal Farmers Home Administration within ten (10) days of service of the Final Order on the Respondent. Within fifteen (15) days of service of the Final Order, the Petitioner shall contact Imperial Polk County's Sam Robinson to urge the purchase of the water system. The Department shall also investigate whether it has funds which Imperial Polk County might obtain in order to purchase the water system. The Petitioner shall notify the Respondent of its investigation within fifteen (15) days of service of the final orders on the Respondent.
Alteration of the Final Order may be accomplished by written amendment of the Final Order, signed by both the Petitioner and Respondent. The Petitioner reserves solely to itself the authority to determine whether the Final Order shall be amended due to good cause shown by the Respondent. Among other things, good cause may be delays caused the Respondent due to actions of others beyond his control. In order that the corrective measures stated in paragraph 3 above be accomplished within the stated times, it shall not be good cause for postponement of any of the corrective measures set forth in paragraph
3 above that the Respondent has filed an application for financing of the corrective measures at a time that does not allow time for processing the application prior to the sixty-first (61st) day from service of the Final Order on the Respondent.
RECOMMENDED this 6th day of April, 1979, in Tallahassee, Florida.
JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301
(904) 488-9675
COPIES FURNISHED:
Vance W. Kidder, Esquire Department of Environmental
Regulation
2600 Blair Stone Road Tallahassee, Florida 32301
Mr. Thomas Hearns Post Office Box 1916
Winter Haven, Florida 33880
| Issue Date | Proceedings |
|---|---|
| May 23, 1979 | Final Order filed. |
| Apr. 06, 1979 | Recommended Order sent out. CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| May 16, 1979 | Agency Final Order | |
| Apr. 06, 1979 | Recommended Order | Respondent should either sell system or comply with statute for selling water to subdivision without insuring it was sanitary. |
