_ 88/88/2082 85:45 8584577982 CLYDES SER ay PAGE : Lif- 2? bl / ; t 12 ee STATE OF FLORIDA SP 1 S DEPARTMENT OF HEALTH jy, PM 2, ADA YI "40 Apeils fy Ys STATE OF FLORIDA, cA CIs: Us DEPARTMENT OF HEALTH, Petitioner, vs. SEPTIC TANK CONTRACTOR NO. SR0900899 WILLIAM GC. COKER, Ill, d/b/a CLYDE'S SERVICES : 815 North 77th Avenue : Pensacola, FL 32506, Respondent. ADMINISTRATIVE COMPLAINT The State of Florida, Department of Health, Escambia County Health Department, imposes three administrative fines in the amount of $500 each for a: total of $1,500 for the following: . 1. Respondent, William C. Coker, Ill, d/b/a Clyde's Services, is a resident of the State of Florida and is registered and authorized with the Department to provide septic tank contracting services as Septic Tank Contractor No. SRO900899. 2. In the late afternoon on June 19, 2002, Respondent applied for a permit to install a drainfield repair representing 240 square feet of axisting drainfield at 807 Breman Avenue, Pensacola, Florida 32504, on a copy of form DH4015, page 3a of 3 pages, signed and dated 6/19/02. Administrative Fine William C. Coker, fil 81 88/30/2802 85:45 8584F 82 ; _ GCLYDES SER PAGE 62 3. Between June 19 and the morning of 24, 2002, Respondent repaired a septic tank drainfield at 807 Breman Avenue, Pensacola, Florida, without a permit having been issued. 4. Between June 19 and the morning of June 24, 2002, Respondent installed 150 square feet of drainfield at said residence. 5. Respondent called for an inspection on the morning of June 24, 2002. 6. On the morning of June 24, 2002, no permit had been issued. 7. On the afternoon of June 24, 2002, Respondent re-applied for a permit to install a drainfield repair representing 150 square feet of existing drainfield at 807 Breman Avenue, Pensacola, Florida 32504, on a copy of form DH4015, page 3a of 3 pages, signed and erroneously dated 6/19/02. 8. Rules applicable to this case are: Rule 64E-6.022, Florida Administrative Code, provides in part: 64E-6.003 Permits. (1) System Construction Permit -- No partion of an onsite sewage treatment and disposal system shall be installed, repaired, altered, modified, abandoned or replaced until an “Onsite Sewage Treatment and Disposal System Construction Permit" has been issued on DH Form 4016, 64E-6.015 Permitting and Construction of Repalrs. All repairs made to a failing onsite sewage treatment and disposal system shall be made only with prior knowledge and written approval from the DOH county health department having jurisdiction over the system. Approval shall be granted only if all of the following conditions are met: (1) Any property owner or lessee who has an onsite sewage treatment and disposal system which is improperly constructed or maintained, or which fails to function in a safe or sanitary manner Administrative Fine William C. Coker, I! - 88/38/2882 85:45 85645" °82 CLYDES SER PAGE 83 shall request from the OOH county health department, either directly or through their agent, a permit to repair the system prior to initiating repair of the system (6) Construction materials used in system repairs shall be of the same quality as those required for new system construction. * * * Any failing system shall, at a minimum, be repaired in accordance with the following criteria: (c) Minimum sizing of drainfield repairs for residential systems installed prior to 1983 shall be based on the criteria specified below. Failed drainfields shall be replaced with drainfields meeting, at a minimum, the sizing criteria spacified below. 1. If sufficient area is available, the existing drainfield can be left in place and used as part of the system. A new drainfield equal in size to, and separate from, the existing drainfield shall be added and flow directed to both the old and new drainfield. 64E-6,.022 Disciplinary Guidelines. (1) The following guidelines shall be used in disciplinary cases, absent aggravating or mitigating circumstances and subject to other provisions of this section. * * * (b) Permit violations, {. Contractor initiates work to install, modify, or repair a system when no permit has been issued by the department. A permit is issued after construction is started but prior to completion of the contracted work. No inspections are missed. First violation, $500 fine; repeat violation, $500 fine and 90 day suspension or revocation. (k) Practicing fraud or deceit, making misleading or untrue representations. First violation, $500 fine; repeat violation, revocation. + * * (p) Installation, modification, or repair of an onsite sewage treatment and disposal system in violation of the standards of s. 381.0065 or s. 381.00655, F.S., or chapter 64E-6, F.A.C. First violation, $500 per specific standard violated; repeat violation, 90 day suspension or revocation. 9. The above facts applied to the cited rules for repairing a system when no permit has been issued; making misleading or untrue statements of the Administrative Fine William C. Coker, III 88/50/2882 85:45 85845~"982 CLYDES SER : PAGE @4 existing drainfield size in the June 24 application; and, installing a repair in violation of Rufe 64E-6.015(6)(c)1., Florida Administrative Code, "A new drainfield equal in size fo . . the existing drainfield”, constitute sufficient grounds for three administrative fines in the amount of $500 each. 10. William C. Coker, Ill, d/b/a Clyde's Services, pursuant to Rule 64E- 6.022, Florida Administrative Code, is hereby fined an aggregate amount of $1,500 due and payable immediately. - 11. NOTICE OF RIGHTS TO APPEAL. A party who is adversely affected by this action may petition for an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. Such proceedings are governed#i by Chapter 28-106, Florida Administrative Code. A petition for a hearing must bd days from receipt of this action. The address for the Agency Clerk is: R.S. Power, 2020 Capital Circle SE, BIN #A02, Tallahassee, Fl. 32399-1703. 1 Ce “ Lrendeal le facsimile number is (850) 410-1448, K DS wet o7 S430 rey ay ( Mediation is not available as an alternative remedy. | FAILURE TO SUBMIT A PETITION FOR HEARING WITHIN 21 DAYS FROM RECEIPT OF THIS DOCUMENT CONSTITUTES WAIVER OF YOUR RIGHT TO AN ADMINISTRATIVE HEARING, AND THIS DOCUMENT BECOMES A RENDITION OF FINAL ORDER OF THE DEPARTMENT. 12. A party who is adversely affected by a final order is entitled to judicial review pursuant to section 120.68, Florida Statutes (1997). Review Administrative Fine William C. Coker, tl 08/30/2082 85:48 s85ad= 182 CLYDES SER PAGE @1 proceedings are governed by the Florida Rules of Appellate Procedure. 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 District Court of Appeal in the appellate district where the party resides or the ) First District Court of Appeal may commence such proceedings. The notice | must be filed within 30 days of the rendition of a final order. Teh Dated on this the g day of August, 2002, Department of Health Northwest Law Office 1295 West Fairfield Drive Pensacola, Florida 32501 (850) 595-6517 — FAX (850) 595-6530 Administrative Fine William ©. Coker, i)

Docket for Case No: 02-003611