Judges: K. N. AYERS
Agency: Contract Hearings
Latest Update: May 10, 1985
Summary: Stipulated settlement.
85-1152.PDF
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
ENGLEWOOD WATER DISTRICT, )
)
Petitioner, )
)
vs. ) CASE NO. 85-1152
) SPANIAK & MURRAY, ENGLEWOOD ) PARTNERSHIP, d/b/a SUPER-X )
SHOPPING CENTER, )
)
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 May 1, 1985, at Englewood, Florida.
APPEARANCES
For Petitioner: Robert A. Dickinson, Esquire
460 South Indiana Avenue Englewood, Florida 33533
For Respondent: Frederick H. Heinzman, P.E.
Post Office Box 10308 Bradenton, Florida 33507
By Citation (undated) Englewood Water District seeks to revoke or otherwise discipline the wastewater treatment facility permit of Super-X Shopping Center, Respondent. As grounds therefor it is alleged that effluent is being discharged from the plant in improperly designed land application systems.
At the commencement of the hearing Respondent announced that the current owner of the treatment facility is Southmark Commercial Corporation who now owns and operates the Shopping Center and wastewater treatment
facility serving the Shopping Center. Southmark was substituted as the correct party respondent. A copy of plans to rebuild the existing drainfield so as comply with Englewood Water District regulations was submitted into evidence as Exhibit 1. Thereafter, the parties accepted a Stipulation which was submitted to the Hearing Officer in resolution of all issues in these proceedings. That Stipulation is:
That the Respondent's wastewater treatment facility was in violation of the Englewood Water District's regulations on March 29, 1985, as more specifically alleged in the Citation.
That the Respondent has submitted a plan for reconstruction of the facility to the Englewood Water District, calculated to solve the deficiencies set forth in the Citation. A copy of the plan to be entered into the record.
That the following interim measures shall be implemented immediately with regard to the operation of the wastewater treatment facility and continued until the reconstruction is complete and operational:
A. That influent shall be pumped out and transported to an appropriate disposal location as needed to keep the drainfield dry, and to prevent outflow at all times.
That the parties shall jointly stipulate to the entry of a Recommended Order recommending a Final Order forfeiting the Respondent's operational bond and revoking the Respondent's operational permit for the wastewater treatment facility, provided, however, that the effectiveness of the Order shall be stayed for a period of thirty (30) days from the date of this Stipulation, provided that the interim measures as set forth above to protect the health and welfare of the public are diligently followed and maintained.
That all reconstruction work shall be diligently prosecuted within the thirty (30) day period.
If the reconstruction work is not completed within thirty (30) days after the date of this Stipulation, or if the interim measures for the protection of the health and welfare of the public are not maintained by the Respondent
as stipulated, then, and in that event, the Order shall become fully effective and the operational bond shall be forfeited and the operating permit revoked.
If the reconstruction work is completed according to the permits within the thirty (30) day period, then the Final Order on the Citation shall be continued for a period of not less than thirty (30) days. During said continuance, the Respondent shall perform the necessary tests and reporting as required under the rules and regulations of the Englewood Water District for wastewater treatment facilities, or as shall be necessary to determine the functioning capacity of the wastewater treatment facility as reconstructed.
If at any time during the continuance of the Order and testing period herein provided, the wastewater treatment facility fails to perform in accordance with the standards of the Englewood Water District, the Respondent agrees to make necessary repairs, replacements, or alterations to make the facility conform. During such time the District will agree to a continuance of the Order on the Citation, provided that in no event shall the continuance be for a period longer than three (3) months from the date of this Stipulation.
If the wastewater treatment facility, as reconstructed, meets the operational requirements of facilities within the Englewood Water District during its testing period, then, and in that event, the Citation shall be dismissed by the Petitioner and the Final Order shall be rescinded.
It is
RECOMMENDED that the Stipulation be accepted. ENTERED this 10th day of May, 1985, at Tallahassee,
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 Clerk of the Division of Administrative Hearings this 10th day of May, 1985.
COPIES FURNISHED:
Robert A. Dickinson, Esquire
460 South Indiana Avenue Englewood, Florida 33533
Frederick H. Heinzman, P.E. Post Office Box 10308 Bradenton, Florida 33507
Docket for Case No: 85-001152
Orders for Case No: 85-001152
