STATE OF FLORIDA DEPARTMENT OF HEALTH In The Matter of ) Imposition of an Administrative ) es Penalty Against ) STATE HEALTH OFFICE 2 : ) m Michael Jedware ) Bureau of Onsite Sewage d/b/a Alpha Environmental ) Programs, HSES Services ) __) Administrative Complaint YOU ARE HEREBY DIRECTED to cease offering and providing septic tank contracting services, and to deactivate all telephone lines associated with advertisements for septic tank contracting services by Alpha Environmental Services. All telephone lines must be disconnected without the option to refer them to other telephone lines. _ FURTHERMORE, YOU ARE NOTIFIED, that twenty-one (21) days after receipt of this administrative complaint, the Department of Health intends to impose an administrative fine in the amount of one thousand five hundred dollars ($1,500.00) and revoke your license as a septic tank contractor. As grounds in support thereof, the Department alleges as follows: . . . (1) ~— ‘The Department, an agency of the State of Florida, has jurisdiction of this matter pursuant to the provisions of Chapters 120, 381, 386, and 489, Florida Statutes (F.S.). The agency rule that governs this matter is Chapter 64E-6, Standards for Onsite Sewage Treatment and Disposal , Systems, Florida Administrative Code (F.A.C.). Me OF Pom ReaD (2) (3) (4) 6). (6) (7) (8) Respondent, Michael Jedware, d/b/a Alpha Environmental Services, is a resident of the Staté of Florida and has beeri authorized by the Department of Health to provide septic tank contracting services. On January 19, 2001, Michael Jedware provided septic pumping services to a residence located at 949 Fountainhead Drive, Deltona, Florida. Michael Jedware provided the owner of the property with a document that stated there was no lid access to the septic tank. | Michael Jedware made an opening in the lid approximately six (6) inches in diameter and then sealed it with a ten (10) inch concrete block. When Michael Jedware was questioned by an agent of the Department concerning the tank, Mr. Jedware stated that the tank had no opening and he had to create a six (6) inch opening to pump the tank. Eric Maday and Tim Abbott, agents of the Department, visited the residence at 949 Fountainhead Drive, Deltona, Florida, on January 26, 2001 and exposed the lid of the tank. Upon uncovering the top of the tank it was discovered that the inlet side of the tank had 10 inch by 10 inch concrete block sealed to it and the outlet side had a standard concrete manhole access. Rule 64E-6.010(4)(b) states in part, “Where the lid of the tank must be broken in order to gain access for the removal of tank contents, or at anytime when the lid is broken, the lid shall be replaced.” The above action by Michael Jedware, d/b/a Alpha Environmental Services, in both breaking the lid and in failing to replace the lid after breaking it, violated s. 381.00065(4), F.S. and Rule 9) (10) al) (12) (13) 64E-6.010(4)(b), F.A.C. The Department imposes a fine in the amount of $500.00 for this violation. In February, 2001, Michael Jedware provided septic pumping services to a residence located at 3165 Croton Avenue, Deltona, Florida. The owner of the property contacted the Health Department because the tank was relatively new and Michael J edware told her that there was excessive sludge in the tank and that it had been modified. An investigation by the Health Department on March 1, 2001, revealed that the tank had two chambers and a filter. The outlet side of the tank had not been pumped and the filter was not cleaned. When Scott Chambers, an agent of the Health Department, questioned Mr. Jedware concerning pumping the tank, Mr. Jedware stated that he had not dug up the outlet side and had not cleaned the filter. Rule 64B-6.010(4)(2) states in part, “Contents of any treatment tank, including all chambers of a multichambered tank, or pump tank shall be removed in their entirety when pumped.” The above action by Michael Jedware, d/b/a/ Alpha Environmental Services, in failing to pump both chambers of the tank, violate s. 381.00065(4), F.S. and Rule 64E-6.010(4)(a), F.A.C. The Department imposes a fine in the amount of $500.00 for this violation. Michael Jedware’s failure to pump both chambers of the tank located at 3165 Croton Drive, Deltona, Florida, resulted in the filter not being inspected or cleaned, also in violation of Rule 64E-6.010(4)(a) in that the system continued to give the homeowner problems. The above action by (14) (5) (16) G7) Michael Jedware, d/b/a Alpha Environmental Services, violated s. 381.00065(4), F:S. and Rule 64E-6.010(4)(a), F.A.C. The Department imposes a fine in the amount of $500.00 for this violation. In October, 2000, an agent of the Health Department accompanied an agent of the Department of Environmental Protection, Bruce Rutherford, to Shell Road in DeBary, Florida, where Michael Jedware was spreading septage. DEP cited Mr. Jedware for spreading spoil too close to the surface water. Mr. Jedware was cited for violation of DEP rules 62-640 and 62-701 .300 for violation of residual and solid waste rules. This case is presently being investigated by the State Attorney for possible criminal charges. . In an action filed on December 29, 1998, DOH 98-1376-FOF-HST, Michael Jedware was imposed a fine of $500.00 for “initiating a drainfield repair without a permit”. The upheld citation was issued for violations at 224 N. Orange Avenue, Orange City, Florida. In an action filed on January 15, 2000, Michael Jedware was imposed a fine of $500.00 for “system construction in violation of standards found in 381.0065, FS , and 64E-6, FAC, and using contaminated spoil from a drainfield repair to cover new drainfield installation”. The upheld citation was for violations at 1019 Pioneer Drive, Deltona, Florida. The above facts, as alleged, are grounds upon which an administrative fine must be imposed and upon which Michael Jedware’s license must be revoked. (18) (19) The Respondent is hereby notified that he has a right to request an administrative hearing pursuant to sections 120.569(g) and 120.57, Florida Statutes; to be represented by counsel or other qualified representative; to take testimony, to call and cross examine witnesses; to have subpoena and subpoena duces tecum (production of records) issued; and to present written evidence or argument if Respondent requests a hearing. (a) Any hearing request or answer to this administrative complaint shall be made in writing and shall include the following: i ii. iii. iv. vi. vii. The name and address of each Agency affected and each Agency’s file or identification number, if known; | The name, address, and telephone number of the Respondent and an explanation of how his substantial interests will be affected by the Agency determination. A statement of when and how Respondent received notice of the Agency decision. Astatement.of all disputed issues of material fact. If there are none, the answer or request for hearing must so indicate. A concise statement of the ultimate facts alleged, as well as the rules and statutes, which entitle the Respondent to relief} A demand for relief to which the Respondent deems himself entitled; and Other information which the Respondent contends is material. Spa S (20) (b) (c) oo ene aaa MR A SHARAN Rm menace In lieu of the items identified in paragraph 19 (a) above, Respondent may request a hearing by completing the attached form, as well as a written statement addressing: (1) An admission or denial of each factual matter in the complaint; and (2) A short affirmative defense that the Respondent may have. Except for good cause: (1) Factual matters alleged in this complaint and not denied in the Request for Hearing shall be presumed admitted; and (2) Failure to raise a particular defense in the Request for Hearing shall be considered a waiver of that defense. Any administrative proceedings concerning this complaint shall be conducted pursuant to Chapter 28-106 F.A.C, The Respondent is given full notice of this agency action. Failure to request a hearing within twenty-one (21) days after receipt of this complaint will result in an admission of the facts alleged ‘in this complaint and the entry of a final order by the Department. Ifthe _ . Respondent desires to request a hearing, he may file a request pursuant to paragraph “19(a)” or complete the attached form as indicated in paragraph “19(b)” and forward the request to: Agency Clerk Department of Health Office of the General Counsel 4052 Bald Cypress Way, BIN # A-02 Tallahasssee, FL 32399-1073 tem 4 ¢ Fae John D. Latkg, Senior Attorney Volusia County Health Department 420 Fentress Blvd. Daytona Beach, FL 32114 (386) 947-3216 FL BAR No.: 885754 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing administrative complaint was sent by certified mail, return receipt requested, to Michael Jedware, d/b/a | Alpha Environmental Services, P.O Box 390073, Deltona, Florida 32739-0073, this ! 2g" day of pet , 2001. } , 2 C4 bee John D. LackofSefior Attorney 4 Department of Health 420 Fentress Blvd. Daytona Beach, FL 32114 Sins castientaiitmcinatetonstelatiarmeomanbaninsitivos witty Copies to: Bonita J. Sorensen, M‘D. Administrator, Volusia County Health Department | 420 Fentress Blvd. | Daytona Beach, FL 32114 John D. Lacko, Senior Attorney Department of Health 320 Fentress Blvd. | Daytona Beach, FL 32114 Gerald R. Briggs, Chief Department of Health Bureau of Onsite Sewage Programs 4052 Bald Cypress Way, BIN # A08 Tallahassee, FL 32399-1713 Agency Clerk uw Department of Health

Docket for Case No: 01-003636