STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ENGLEWOOD WATER DISTRICT, )

)

Petitioner, )

)

vs. ) CASE NO. 85-1185

)

RAYMOND GIGUERE, d/b/a )

GULF TO BAY TRAILER PARK, )

)

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: Raymond Giguere, pro se

R.D. 2, Journey's End Road Mendon, Vermont 05701

By Citation (undated) the Englewood Water District seeks to revoke or otherwise discipline the operating permit of Raymond Giguere to operate a wastewater treatment facility serving Gulf to Bay Trailer Park. As grounds therefor it is alleged the plant is providing improper and insufficient treatment to wastewater going through this facility.

At the commencement of the hearing the parties presented to the Hearing Officer a Stipulation to resolve all issues in these proceedings. Also admitted as Exhibit

1 is a contract executed by the Respondent to have the

necessary repairs made to the wastewater treatment facility. The Stipulation submitted is:

1. 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.

   
   

2. That the Respondent has submitted to the Petitioner, a plan for reconstruction of the wastewater treatment facility, calculated to solve the deficiencies set forth in the Citation. Copies of the April 16th and April 23rd, 1985, correspondence from U.S. Mechanical Systems, Inc., of 2830 Avenue of the Americas, Englewood, Florida, is submitted to the record for reference.

   
   

3. The wastewater treatment facility shall be reconstructed in the following manner:

   
   

   1. Install bypass on the force main and direct some flow back to the pump station.

   2. Install audible and visual alarm systems on lift station.

   3. Install new larger weir (8 feet).

   4. Install a skimmer in the settling-tank.

   5. Replace sand in plant filters.

      
      

4. 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:

   
   

   1. Pump out and transport sludge to approved disposal site so as to maintain a maximum of

      10 milligrams per liter of total suspended solids in effluent.

   2. Maintain cleaned sand filter.

      
      

5. 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.

   
   

6. That all reconstruction work shall be diligently prosecuted within the thirty (30) day period.

   
   

7. 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.

   
   

8. 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 unless unforeseen circumstances makes such period impossible to attain. 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.

   
   

9. 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.

   
   

10. 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 this 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

Raymond Giguere

R.D. 2, Journey's End Road Mendon, VT 05701

Docket for Case No: 85-001185

Orders for Case No: 85-001185