STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JAMES H. REDDEN, )

)

Petitioner, )

)

vs. ) CASE NO. 91-7542

)

DEPARTMENT OF )

ENVIRONMENTAL REGULATION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William F. Quattlebaum, held a formal hearing in the above-styled case on March 11, 1992, in Fort Myers, Florida.

APPEARANCES

For Petitioner: James H. Redden, pro se

1362 Chesapeake, Avenue

Naples, Florida 33962

For Respondent: Francine M. Ffolkes, Esq.

Assistant General Counsel 2600 Blair Stone Road Tallahassee, Florida 32399

STATEMENT OF THE ISSUE

The issue in this case is whether the Petitioner has the actual experience required for certification as a Class B domestic wastewater treatment plant operator.

PRELIMINARY STATEMENT

By Notice of Denial of Operator Certification filed

October 11, 1991, the Department of Environmental Regulation (DER) informed James H. Redden that his application for certification as a Class B wastewater treatment plant operator was denied based

upon a failure to document 96 months of total experience including

24 months of actual experience in accordance with Rule 17- 602.300(3), Florida Administrative Code. By letter dated October 23, 1991, Mr. Redden requested an administrative hearing regarding the denial of his application. The DER forwarded the request to the Division of Administrative Hearings.

At the hearing, both parties acknowledged, based upon college transcripts submitted to the DER subsequent to the DER's Notice of Denial, that Mr. Redden has 90 months of constructive experience. The specific issue addressed at hearing was whether Mr. Redden has

24 months actual experience. Mr. Redden testified on his own behalf and had three exhibits admitted into evidence. The DER presented the testimony of Helen Setchfield.

No transcript of the hearing was filed. The DER filed a proposed recommended order. The proposed findings of fact are ruled upon either directly or indirectly as reflected in this Recommended Order, and in the Appendix which is attached and hereby made a part of this Recommended Order.

FINDINGS OF FACT

1. By application filed September 16, 1991, James H. Redden applied for certification as a Class B domestic wastewater treatment plant operator. At the time of the application, Mr. Redden was employed as a laboratory technician at a Class B Collier County regional wastewater treatment facility.

   
   

2. From August 15, 1978, to July 31, 1989, Mr. Redden was employed at the Colgate-Palmolive Company facility at Jeffersonville, Indiana.

   
   

3. The Colgate-Palmolive treatment facility is an Indiana Class D industrial wastewater treatment plant. Mr. Redden is certified by the State of Indiana as a Class D industrial wastewater treatment plant operator.

   
   

4. During his employment at the Jeffersonville facility, Mr. Redden held positions as an associate chemist, senior chemist/plant microbiologist, and wastewater treatment plant supervisor. His duties included daily operations and supervision of personnel, scheduling and performance of maintenance activities, budgeting, ordering, materials balance, sludge management, laboratory analysis, quality assurance and quality control programs, and compliance with various state and federal reporting requirements.

   
   

5. Mr. Redden has no experience either in the operation of a drinking water or domestic wastewater treatment plant, or at a

DER-permitted industrial wastewater treatment plant.

CONCLUSIONS OF LAW

1. The Division of Administrative Hearings has jurisdiction over the parties to and subject matter of this proceeding. Section 120.57(1), Florida Statutes.

   
   

2. The Petitioner has the burden of proving that he is entitled to certification as a Class B domestic wastewater treatment plant operator. Florida Department of Transportation v. JWC Company, Inc., 396 So.2d 778 (Fla. 1st DCA 1981). In this case, the burden has not been met. Mr. Redden does not meet the required minimum of two years of actual experience.

   
   

3. Pursuant to the provisions of Section 403.101(3), Florida Statutes, the Department of Environmental Regulation is charged with the responsibility for determining qualifications for and certification of wastewater treatment plant operators. As set forth at Rule 17-602.300(3), Florida Administrative Code, an applicant for certification as a Class B domestic wastewater treatment plant operator must document at least eight years of actual or constructive experience, which shall include at least two years of actual experience in the operation, supervision and maintenance of either a drinking water or domestic wastewater treatment plant.

   
   

4. Actual experience means full time employment in the actual on-site operational control of a water or wastewater treatment plant. Rule 17-602.200(1), Florida Administrative Code. In order to qualify as actual experience, the applicant's treatment plant operation experience must include management, inspection, monitoring and adjustment of the treatment process, and must further include experience in three of these five areas:

   
   

   1. Collection of samples, in-plant testing or interpretation of test results.

   2. Supervision and management of plant personnel.

   3. Preparation and maintenance of reports, logs and records.

   4. Adjustment and recharging of chemical feeding equipment.

   5. Maintenance, lubrication and repair of plant

      equipment (as specified in the rule).

      
      

5. Rule 17-602.300(10), Florida Administrative Code. Mr. Redden does not have two years of actual experience at either a drinking water or domestic wastewater treatment plant.

   
   

6. Persons employed in the actual on-site operational control of an industrial wastewater treatment plant may, under some circumstances, use this experience to meet the actual experience requirements for Class B domestic operator certification. However, the rule expressly excludes industrial wastewater treatment plants which have not been permitted by the DER. Rule 17-602.300(8), Florida Administrative Code.

   
   

7. Mr. Redden's industrial wastewater treatment plant experience is at an Indiana facility which does not operate under a DER permit. Experience at an industrial wastewater treatment plant which has not been issued an operating permit by the DER is specifically excluded from meeting the actual experience requirements of Class B domestic operator certification.

RECOMMENDATION

Based on the foregoing, it is hereby:

RECOMMENDED that the Department of Environmental Regulation enter a Final Order denying the application of James H. Redden for certification as a Class B wastewater treatment plant operator.

DONE and RECOMMENDED this 9th day of April, 1992, in Tallahassee, Florida.

WILLIAM F. QUATTLEBAUM

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 9th day of April, 1992.

APPENDIX

The following constitute rulings on proposed findings of facts submitted by the parties.

Petitioner:

The Petitioner did not file a proposed recommended order.

Respondent:

The Respondent's proposed findings of fact are accepted as modified and incorporated in the Recommended Order except as follows: 2-4. Rejected, unnecessary.

COPIES FURNISHED:

Carol Browner, Secretary

Dept. of Environmental Regulation 2600 Blair Stone Road Tallahassee, Florida 32399-2400

Daniel H. Thompson, General Counsel Dept. of Environmental Regulation 2600 Blair Stone Road

Tallahassee, Florida 32399-2400

James H. Redden

1362 Chesapeake, Avenue

Naples, Florida 33962

Francine M. Ffolkes, Esq. Assistant General Counsel 2600 Blair Stone Road Tallahassee, Florida 32399

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least ten days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 91-007542

Orders for Case No: 91-007542