STATE OF FLORIDA DEPARTMENT OF HEALTH STATE OF FLORIDA, DEPARTMENT OF HEALTH, Petitioner, ADMINISTRATIVE FINE vs. SEPTIC TANK CONTRACTOR RE: HSES COMPLAINT JOHN E. MCDANIEL, $C0822 dibla SUPERIOR SEPTIC AND SEWER, INC. $500 Fine 7315 Highway 231 North 90 Day Suspension of License Panama City, Florida 32404, $R0931141 Respondent. ee ADMINISTRATIVE COMPLAINT The State of Florida, Department of Health, Bay County Health Department, imposes an administrative fine in the amount of $500 and 90 day suspension of license for the following events and violations: 1. Respondent, John E. McDaniels, owns and operates Superior Septic and Sewer, Inc., and is the licensed registered septic tank contractor with the Florida Department of Health pursuant to Part tll, Chapter 489, and Section 381.0065, Florida Statutes. 2. At all times pertinent to this complaint, McDaniel was licensed as a septic tank contractor, Registration SRO931141. 3. On September 13, 2000, or thereabouts, Respondent received a permit for the installation of an onsite sewage treatment and disposal system (OSTDS) consisting of a tank and drainfield for a residence to be constructed at 8814 Cree Court, Youngstown, Florida. This permit authorized the installation of an OSTDS on the southwest corner of the fot and required the removal of the organic layer and other substandard soil and replacement with appropriate soil. 4, In accordance with the permit, the soil in the southwest corner of the Cree Court lot was replaced with acceptable soil. 5. On or about March 16, 2001, Respondent installed the system in the northwest portion of the lot. The location where the OSTDS drainfield is located does not have the organic layer removed and has a different seasonal high-water table elevation than that of the southwest corner. The system at 8814 Cree Court has failed and continues to fail prematurely due to this wrong location of the system. 6. The homeowner has incurred and will continue to incur expense to pump the OSTDS tank to avoid a sanitary nuisance and repairing the system to a functional state. 7. The above is a violation of the disciplinary guidelines, Rule 64E- 6.022(1)2., Florida Administrative Code (FAC), and has cost and will cost the homeowner substantia! sums to remove and/or repair or replace the failing system. 8. Respondent has previously received discipline in Final Order 99- 2474 DOAH. 9. Installation in the wrong location has resulted in specific code violations as follows: Disciplinary guidelines, Rule 64E-6.022(p), FAC, “Installation... of an onsite.sewage treatment disposal system in violation of the standards in Section 381.0065 . . . or Chapter 64E-6, FAC, could be applicable on both issues for installation elevation less than required separation from the seasonal high water table (Rule 64E-6.006(2), FAC) and failure to remove the “O" horizon of original topsoil and underlying severly limited soil to a depth of 54” (Rule 64E-6.006, Table III, Footnote 3, FAC). 10. Disciplinary standard Rule 64E-6.022(!), FAC: (!) Gross negligence, incompetence, or misconduct which: ka 2. Causes monetary or other harm to a customer, or physical harm to any person. First violation, $500 fine and 90 day suspension; repeat violation, $500 fine and revocation. 11. Mitigation has been considered and applied. 12. Discipline imposed for the above violation is $500 fine and 90 day suspension to begin May 1, 2004, unless appealed according to the following provisions. 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 by Chapter 28-106, Florida Administrative Code. A petition for a hearing must be in writing and must be received by the Agency Clerk for the Department within 21 days from receipt of this action. The address for the Agency Clerk is: R.S. Power, 4052 Bald Cypress Way, BIN #A02, Tallahassee, FL 32399-1703. The facsimile number is (850) 410-1448. See attached document, Election of Rights. 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 FINAL ORDER OF THE DEPARTMENT. A party who is adversely affected by a final order is entitled to judicial review pursuant to section 120.68, Florida Statutes (1997). 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 District Court of Appeal in the appellate district where the party resides or the First District Court of Appeal. The notice must be filed within 30 days of the rendition of a final order. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing and Election of Rights form have been furnished to John E. McDaniel d/b/a Superior Septic and Sewer, Inc., 7315 Highway 231 North, Panama City, Florida 32404, by U.S. Certified Mail Number 7099 3400 0003 1946 3701, Return Receipt Th Requested, on this the ZSix 25, of March. 2004. j RODNEY M. JOHNSON Fla. Bar No. 0472387 Chief Counsell Department of Fiéalth Northwest Law Office 1295 West Fairfield Drive Pensacola, Florida 32501 (850) 595-6517, FAX (850) 595-6530 Z STATE OF FLORIDA, DEPARTMENT OF HEALTH, | oy, ‘S TORE STATE OF FLORIDA, Mv DEPARTMENT OF HEALTH, Petitioner, ADMINISTRATIVE FINE vs. SEPTIC TANK CONTRACTOR RE: HSES COMPLAINT JOHN E. MCDANIEL, $C0822 d/bla SUPERIOR SEPTIC AND SEWER, INC. 7315 Highway 231 North Panama City, Florida 32404, Respondent. ELECTION OF RIGHTS (Please select only 1 of the 3 options) | have read the Explanation of Rights and understand my options. 1. ( ) | do not dispute the allegations of fact in the Administrative Complaint, but do wish to be accorded an informal hearing or proceeding, pursuant to § 120.57(2), Fla. Stat. (1997), at which time | will be permitted to submit oral and/or written evidence to the Department, in mitigation of the complaint. Most informal hearings are conducted at agency headquarters in Tallahassee, Florida. 2. (.) 1 do not dispute the allegations of fact contained in the Administrative Complaint and waive my right to object or be heard. 3. () 1 do dispute the allegations of fact contained in the Administrative Complaint and wish to petition for a hearing pursuant to § 120.57(1), Fla. Stat. (1997). Below | have identified each fact | dispute (attach extra pages as needed): Note: Mediation pursuant to § 120.573, Fla. Stat. (1997), is not available for this action. Disputed Facts: Respondent's Signature and Date

Docket for Case No: 04-001636