~ ie a7 & STATE OF FLORIDA Oy AY DEPARTMENT OF HEALTH yy ™ *. (eon ce, Yy Suspension of Septic Tank STATE HEALTH OFFICE” V2 Contracting Authorization and “Aig Imposition of an Administrative Penalty Sewage Programs, HSEWOS In the Matter of: State of Florida, Department of Health, Petitioner, v. Telisa Gomez, d/b/a Allstate Septic Tank Company, Respondent. ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] J ] / ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that twenty-one (21) days after receipt of this Administrative Complaint, the Department of Health — intends to suspend your license (which permits you to provide septic tank contracting services) for a period of ninety (90) days as well as impose an administrative fine in the amount of One Thousand Dollars ($1,000.00). During this ninety (90) day period you are required to cease offering and providing septic tank contracting services and to deactivate all telephone lines associated with advertisements for septic tank contracting services by. Allstate Septic Tank Company. All telephone Administrative Complaint State v. Telisa Gomez lines must be disconnected without the option to refer them to other telephone lines for a period of ninety (90) days. As grounds in support thereof, the Department alleges as follows: (1) The Department, an agency of the State of Florida, has jurisdiction over this matter pursuant to Chapters 120, 381, 386, and 489, Florida Statutes. The agency rule that governs this matter is Chapter 64E-6, Standards for Onsite Sewage Treatment and Disposal Systems, Florida Administrative Code. (2) Respondent, Telisa Gomez, d/b/a Allstate Septic Tank Company, is a resident of the State of Florida conducting business in Broward County. (3) The Respondent provided septic tank contracting services at 4400 NE 5% Avenue, Oakland Park, Broward County, Florida, to Richard Zuehl, owner of this commercial property. (4) As Allstate Septic Company is licensed by the Department to provide septic tank contracting services and the ‘commercial property is located in Broward County, Florida, this matter is within the jurisdiction of the Department. (5) Investigation has revealed the following: (a) On April 10, 2000, at approximately 11:00 a.m., the Department of Health, Broward County Health Department, received a telephone call from an employee of Jimmy Mack Drainfields, a septic tank company, who was installing anew _ Administrative Complaint State v. Telisa Gomez drainfield at 4400 NE 5th Avenue, Oakland Park, Broward County, Florida, advising the Department that Respondent had previously installed a PTI bundle drainfield in May 1999 which had since failed; the property owner had been unable to get Respondent to correct the problem and subsequently hired Jimmy Mack Drainfields to do so. (See Exhibit 1.) (b) Jimmy Mack Drainfields obtained a permit to repair the drainfield on April 4, 2000. (See Exhibit 2.) Thereafter, upon excavation of the drainfield, the employee of Jimmy Mack found that the original failed drainfield was still present under the PTI bundles, had not been properly excavated and removed by the Respondent, and was left in place with the PTI bundles installed over the failed drainfield. (See Exhibit 1.) (c) Jimmy Mack Drainfields took pictures of the previously installed drainfield prior to repairing the job on or about April 12, 2000. (See Exhibit 3) (d) The above-mentioned Jimmy Mack employee further indicated that the property was an eight (8) unit, eight (8) bedroom apartment building, with approximately eight (8) to ten (10) people occupying same, rather than a four (4) unit, four (4) bedroom apartment building with one (1) person occupying same, as Respondent had previously Administrative Complaint State v. Telisa Gomez indicated to the Department when applying for the permit to perform this drainfield repair. (See Exhibits 1 and 4.) (e) On April 10, 2000, at approximately 1:30 p.m., Jay Morgenstern, Environmental Supervisor for the Broward County Health Department, inspected the above property with Anthony Johnson, Environmental Specialist for the Broward County Health Department, both of whom confirmed the presence of previously existing drainfield gravel directly. below the PTI pipe bundles installed by Respondent in May 1999. Mr. Morgenstern took four (4) Polaroid pictures of the drainfield on this date which are attached hereto. (See Exhibit 5.) In addition, Messrs. Morgenstern and Johnson confirmed that there were eight (8) apartments at the site rather than the four (4) indicated by the Respondent in May 1999. (See Exhibit 6.) (d) ~On April 10, 2000, while still at the site in question, Mr. Morgenstern contacted Mr. Jack Dunn, president of Allstate Septic Company, and requested that Mr. Dunn come to the site. Mr. Dunn arrived and inspected the drainfield and agreed that the old drainfield material had not been excavated. . (e) The above action by Telisa S. Gomez, d/b/a Allstate Septic Tank Company, and its principals, violated 4 Administrative Complaint State v. Telisa Gomez §381.0065, Florida Statutes, and Chapter 64E-6.005(4)(b), 64E-6.022(1)(p), 64E-6.015(7), and 64E-6.022(1)(1)(2), Florida Administrative Code: i, § 381.0065, Florida Statutes, provides in pertinent part that the Department shall issue permits for the repair of onsite sewage treatment and disposal systems and that the installation and use of onsite sewage treatment and disposal systems not adversely affect the public health or significantly degrade the groundwater or surface water; and ii. Chapter 64E-6.005(4)(b), Florida Administrative Code, provides in pertinent part that all septic tank systems shall be located and installed so that with proper maintenance the systems function in a sanitary manner, do not create sanitary nuisances or health hazards and do not endanger the safety of any domestic water supply, groundwater or surface water. Sewage waste and effluent from onsite sewage treatment and disposal systems shall not be discharged onto the ground surface or directly or indirectly discharged into ditches, drainage structures, groundwaters, surface waters, or aquifers. To prevent ‘such discharge or health hazards suitable, SMBS > a ( C a i Administrative Complaint | ; . ‘ State v. Telisa Gomez unobstructed land shall be available for the installation and proper functioning of the system. The minimum unobstructed area shall be contiguous to the drainfield; and iii, Chapter 64E-6.015(7), Florida Administrative Code, provides in pertinent part that if a repair cannot be made to a failing onsite sewage treatment disposal system utilizing the standard, all available area for drainfield repair shall be assessed and the repair permit shall allow for the maximum size drainfield that can be accommodated in the available area while allowing the system to be installed above the wet . season water table and that total removal of the existing drainfield and replacement of the drainfield in its original location shall be authorized if there is no additional area to enlarge the system; - and. iv. Chapter 64E-6.022(1)(1)(2), Florida Administrative Code, provides in pertinent part that the guideline used in disciplinary cases, absent aggravating or mitigating circumstances, involving gross negligence, incompetence, or misconduct which causes monetary or other harm to a customer can i c Administrative Complaint State v. Telisa Gomez result in a Five Hundred Dollar ($500.00) fine for a first violation, a Five Hundred Dollar ($500.00) fine per specific standard violation and a ninety (90) day . suspension for a repeat violation. v. Chapter 64E-6.022(k), Florida Administrative Code, provides in pertinent part that practicing fraud or deceit, making misleading or untrue representations can result in a Five Hundred Dollar ($500.00) fine for the first violation and revocation for a repeat violation. vi. Chapter 64E-6.022(1)(p), Florida Administrative Code, provides in pertinent part that the improper installation, modification, or repair of an onsite sewage treatment and disposal system can result in a Five Hundred Dollar ($500.00) fine per specific standard and a ninety (90) day suspension or revocation for a ‘repeat violation. | (6) The above facts, as alleged, are grounds upon which. the septic tank contracting authorization must be suspended and administrative fine must be.imposed. (7) The Respondent has a right to request an administrative hearing pursuant to § 120.569(g) and 120.57, Florida Statutes; to be represented by counsel or other qualified representative; to take testimony, to call and cross- . la _ ° Administrative Complaint : State v. Telisa Gomez examine witnesses; to have subpoenas and subpoenas duces tecum (production of records) issued; and to present evidence or argument if she requests a hearing. (8) (a) Any hearing request or answer to this Administrative Complaint shall be made in writing and shall include the following: i. The name and address of each Agency affected and each Agency’s file or identification number, if known; ii. The name, address, and telephone number of the petitioner or petitioners, and an explanation of how his substantial interests will be affected by the Agency determination; iii. A statement of when and how petitioner received notice of the Agency decision; iv. A statement of all disputed issues of material fact. If there are none, the petition must so indicate; v. A concise statement of the ultimate facts alleged, as well as the rules and statutes, which entitle the petitioner relief; vi. | A demand for relief to which the petitioner deems himself entitled; and el Administrative Complaint State v. Telisa Gomez vii. Other information that the petitioner contends is “ material. (b) In lieu of the items identified in paragraph (6)(a), Respondent may request a hearing by completing the attached form, as well as a written statement addressing: i. An admission or denial of each factual matter in the Complaint; and ii. A short and plain statement of each relevant affirmative defense the Respondent may have. (c) Except for good cause: i. Factual matters alleged in this Compliant and not denied in the Request for Hearing shall be presumed admitted. ii. Failure to raise a particular defense in the Request for Hearing shall be considered a waiver of that defense. 9. This Administrative Complaint is issued pursuant to- §120.57, Florida Statutes. Any administrative proceedings concerning this Complaint shall be conducted pursuant to Chapter 28-106, Florida Administrative Code. 10. 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 Administrative Complaint State v. Telisa Gomez alleged in this Complaint and the entry of a Final Order by the Department. If the Respondent desires to request a hearing, she may file a request pursuant to paragraph 6 herein and forward the request to: Agency Clerk, Department of Health, ‘Office of the. General Counsel, 4052 Bald Cypress Way, BIN AO2, Tallahassee, Florida 32399-1703. oat ont, : Howard Rosen Environmental Administrator Broward County Health Department udith C. Elfont,‘ Esquire Department of Health Broward County Health Department 2421-A SW 6% Avenue Fort Lauderdale, Florida 33315 Phone: (954) 467-4751 FAX: (954) 762-3645 Florida Bar No: 745146 CERTIFICATE, OF § SERVICE - I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been sent by Certified Mail, Return Receipt Requested, to: William E. Stacey, Jr., Esq., PO Box 460053, Fort Lauderdale, Florida 33346; Telisa Gomez d/b/a Allstate Septic Tank wis pany, 664 E. Prospect Road, Oakland Park, Florida 33334; on this * day of July 2000. dith C. Elfont, Esq. 10

Docket for Case No: 01-003875