12/38/2082 68:51 94132 DOH PAGE 682 STATE OF FLORIDA i DEPARTMENT OF HEALTH is df ED DEPARTMENT OF HEALTH, 03 JAN 29 PM I2: 28 Petitioner, ys. CLARKE KELLER, 0-0 3.2¢ Respondent. CHARLOTTE COUNTY ADMINISTRATIVE COMPLAINT Nature of the Case This case arises from Respondent’s unlawful operation of a limited use community water system, in violation of Section 381.0062 Florida Statutes and Chapter 64E-8 Florida Administrative Code, YOU ARE HEREBY NOTIFIED that this is an administrative action for the imposition of cumulative per diem administrative fines for each day that violations continue as authorized in Sections 381.0061 and 381.0062 Florida Statutes and Rule 64E-8.012 Florida Administrative Code. Factual Allegations as to All Counts 1. The Petitioner, State of Florida, Department of Health, Charlotte County Health Department, is the administrative agency of the State of Florida charged with the duty to enforce provisions of Chapter 381 Florida Statutes, and Chapter 64E-8 Florida Administrative Code. 2. The Respondent resides at 35380 Washington Loop Road, Punta Gorda, Florida 32982. The Recsnondent owns and onerates praperty known as Shell Creek Lodge located at 3269 Duncan Road (Highway 17), Punta Gorda, Florida, Charlotte County, Florida which is served by a limited use community public water system as defined by Section 381.0062 Florida Page 1 of 4-- Administrative Complaint 64E-8Keller] 1-02 12-3-02 12/38/2082 @8:51 94133 DOH PAGE 63 - wo) we Statute. The Respondent operates and maintains the limited use community public water system at this address. 3, The Respondent is in violation of Section 381 .0062 Florida Statutes and Rule 64E- 8.004 Florida Administrative Code for operating the limited use community public water system without an operating permit. The Department of Health hereby imposes a Five Hundred Dollar ($500.00) fine for this violation of law. 4. The Respondent has failed to install a concrete pad in violation of Rule 64E-8.002 Florida Administrative Code. See the Department of Health inspection report dated November 13, 2002, marked attachment A, attached and incorporated herein. The Respondent has failed to meet schedules for corrective action for this violation, This is a repeated and continual violation committed by the Respondent. In previous inspections on October 29, 2002, September 9, 2002, July 24, 2002, March 7, 2002, and February 25, 2002 the Respondent was notified by the Department of Health by written inspection reports of the above stated violation and the Respondent was directed to correct the violation. The Department of Health hereby imposes a Five Hundred Dollar ($500.00) fine for this violation of law. 5. The Respondent is operating the limited use community public water system and failing to submit the water monitoring quality water test, specifically the lead and nitrate test and the micro biological MCL test from the distribution line, in violation of Rule 64E-8.006 Florida Administrative Code. See Attachment A. The Respondent has failed to meet schedules for corrective action for this violation. This is a repeated and continual violation committed by the Respondent. In previous inspections on October 29, 2002, September 9, 2002, July 24, 2002, March 7, 2002, and February 25, 2002 the Respondent was notified by the Department of Health by written inspection reports of the above stated violation and the Respondent was directed to correct the violation. The Deparment of Tealth hereb noses a Two Hundred and Fifty Dollar ($250.00) fine for this violation of law. Page 2 of 4-- Administrative Complaint G4E-8Keller] 1-02 12-3-02 ~ . 12/30/2802 88:51 94133 DOH PAGE - U ro Request for Relief Wherefore, the Department of Health hereby imposes a total fine to date in the amount of One Thousand Two Hundred and Fifty Dollars ($1,2500.00) for the violations of law as stated above. If the violations are not corrected on or before 15 days of receipt of this administrative complaint, the Department of Health, requests that this tribunal impose additional administrative fines against the Respondent in the amount of One Thousand Two Hundred and Fifty Dollars ($1,250.00) per day for the separate violations listed in this complaint from the date of receipt of this complaint until the date the Respondent correct the violations. . The Total Fine imposed herein, to date, being One Thousand Two Hundred and Fifty Dollars ($1,250.00) or the cumulative daily amount if the corrections are not timely made as set forth herein, due and payable within 21 days of receipt of this Complaint to the Charlotte County Health Department, Office of Environmental Health, 18500 Murdock Circle, Port Charlotte, Florida 33948-1094 attention Robert G. Vincent, R.S., M.P. A. Done this 3rd day of December 2002 by the Department of Health, Charlotte County Health Department. STATE OF FLORIDA DEPARTMENT OF HEALTH Cen N Mud ue ek \. SUSAN MASTIN SCOTT Florida Bar #0000736 Chief Legal Counsel 2295 Victoria Avenue, Room 206 Fort Myers, Florida 33901 (941) 338-2743 Page 3 of 4~ Administrative Complaint 64E-8Keller! 1-02 12-3-02 a4 (12/38/2882 68:51 94133 BOH PAGE 65 y 7] - WW ~ CERTIFICATE OF SERVICE I hereby certify that the true and original Administrative Complaint herein was furnished to Clarke Keller, 35380 Washington Loop Road, Punta Gorda, Florida 33982 via Federal Express # 835303013791 this 3rd day of December 2002. Sucnn Vo Gin Scott Susan Mastin Scott NOTICE OF RIGHTS TO APPEAL A party whose substantial interest is affected by this order may petition for an administrative hearing pursuant to sections 120.569 and 120.57, Fla. Stat. Such proceedings are governed by Rule 28-106, Florida Administrative Code. A petition for administrative hearing must be in writing and must be received by the Agency Clerk for the Department, within twenty-one (21) days from the receipt of this order. The address of the Agency Clerk is 4052 Bald Cypress Way, BIN # A02, Tallahassee FL 32399-1703. The Agency Clerk’s facsimile number is 850-410-1448. Mediation is not available as an alternative remedy. Your failure to submit petition for hearing within 21 days from receipt of this order will constitute a waiver of your right to an administrative bearing, and this order shall become a “final order.” Should this order become a final order, a party who is adversely affected by it is entitled to judicial review pursuant to section 120.68, Fla. Stat. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings may be commenced by filing one copy of a Notice of Appeal with the Agency Clerk of the Department of Health and a second copy, accompanied by the filing fees required by law, with the Court of Appeal in the appropriate District Court. The notice must be filed within 30 days of rendition of the final order. Page 4 of 4~ Administrative Complaint 64E-8Keller] 1-02 12-3-02 PEEUTIT UEP PEDO DPA Ra ee ee 12/34/2062 68:51 94133 DOH PAGE @6& - = ' STATE OF FLORIDA oe \_EPARTMENT OF HEALTH ~ ~ PURPOSE: COUNTY HEALTH DEPARTMENT CS ROUTINE, Mlb RECNSPECTION LIMITED-USE PUBLIC/ PRIVATE DRINKING WATER SYSTEM [> CONSTRUCT.EA CHANGBO? OWNER SANTIARY SURVEY & INSPECTION REPORT [2 COMPLAINT GD CONSULTATION C3 QASURVEY CO ERDEMOLOOY . ~ fas] Use Correst Violations by CO Next Inapaction mm $:00 AM on: zo th Lialted Use an to Community ae Limited Ure ae, ee Commercial [e024 Eimitea Use ‘oramerclal ta Sy Registered) es 90 att Private eRe we C* FT Sete i 4] cc OUT OF BUSINESS | OPERATION/MAINTENANCE =) 9, Oper. & Mains, Logbook C2 17. Tank Size. rr 44, Test Kit, DPD i} cal Remow Dressure gi, S10, Unperminad Modifleatlon 3 18. ANSUNSF Equip. = 5. Remote Free (et) co 2, Well Seat 1. Variance Conditions = 19. Dismbution Lines 9 26. Operatar CoS}. Well Vent amy 12 Corrective Order Canditinns == TREATMENT = 27, Chem, Feeder Cm 4. Equipment Oper & Mains. Go 13. Grout > 20. Contact Tank Slag 3 28. Chemicals AS Crows Conrection Control 14. Apron > 21. Contact Tank Pipes 29. Public Notfication TS 6 Setbacks; __ 15. Source Tap Cra 22. Souree Tap MR 20 Dulinguant Monitoring = 7 9 Clearence/ Coa 1S. Pump Size So 29, Check Walve(t) map 31. MCL Violation o> 8 Abandoned Weis NOTE: 1138 unlawful to modify any public water aystem without frat having obtained approval from the dapartment. I Putie thon Offered via: ONSITE OBSERVATIONS . . ime Seonsuraption OMe vias et Delineated Area Pubile Consumpron Gcheapchen ahaha aan Vear Constructed: 1 Lesa than 1000" to contantinared by # of Peope krocielo Aoi oi inc dipota well, water, of soll 2 25 or more a ragulassy consume piped weter orally 60 or more days per year nuns . : COMMENTS COME INL Oi3, AND INSTRUCTIONS Ei VW sPecti0r/ 0 _OBTRIWS OPERATIONS PERINIT (SU OT SEPOL SvSThen & Xb % 4" ContReTe CAO ChvTERED IN WELt _ Buran phe hug tena Vib bgtivew = Myr Five Cb Fe Ley (sels AN CLAM Bag DB eaNlOhe nm # Sarvics Conaections: COPY OF REPORT RECE¥ED BY sar) Cl Te Cuhecd CELE Om 4620, 4706 (Qpsatates Previows Comores 2 CO ee _ ATTACHMENT “A” _

Docket for Case No: 03-000326

Orders for Case No: 03-000326