(a ee cn - STATE OF FLORIDA DEPARTMENT OF HEALTH In the Matter of Imposition of an Administrative Penalty Against DUVAL COUNTY HEALTH Billy W. Joyner, SRO890497 DEPARTMENT AA Septic Tank Service, Inc. $A0970848 Respondent eer ee Le eee | i | ld €= Kp 80 ADMINISTRATIVE COMPLAINT r iy ! i YOU ARE HEREBY NOTIFIED, that twenty-one (21) days after receipt of tris administrative complaint, the Department of Feal=h inteids to revoke Septic Tank Centractor Registratior SRI890497, Certificate of Authorization SA0970848, and Septic Tank Manufacturer Operating permit #16-QJ-00555, and impose an administrative fine in the amount of five hundred dollars °$590.00). In accordance with s. 489.555(5), Florida Statute ‘F.3°, when a certificate of authorization has been revoked, any person authorized by law to provide septic tank contracting services May not use the name or fictitious name of the entity whose certificate was revoked, or any other identifiers for the entity, including telephone numbers, advertisements, 2r Jogos. Bs grounds in support thereof, the Department alleges as follows: (1: The Department, an agency of the State of Florida, has jur:ediction of this matter pursuant to the provisions of Chapters 120, 381, 386, and 489, F.S. The agency rule which RECEIVED JUN 03 2004 DEPARTMENT OF HEA LEGAL OFFICE LTH governs this matter is Chapter 64E-6, Standards for Onsite Sewaye Treatment and Disposal Systems, Florida Administrative Code (F.E.C.)- (3) Respondent, Billy W. Joyner, AA Septic Tank Service, Inc., is registered by the Department of Health to provide sept:.c tank contracting services and septic tank manufacturing services. (4) Respondent, Billy W. Joyner, BA Septic Tanic Service, Inc., has a history of disciplinary action with the Department cf Health, Bureau of Onsite Sewage Programs, which requires revecation in addition to monetary penalties. (5) On August 20, 2001, Respondent, Billy W. Joyner, AA Septic Tank Service, Inc., performed a repair at 4220 Julington Creek Road, Jacksonville, Florida 32223 without obtaining @ repair permit from the Duval County Health Department:. The above Inc., and its action by Billy W.- Joyner, AK Septic Tank Service principals violated Rule 64E-6.022(1) (bo) 2-5 F.A.C. (6) On August 20, 2001, Respondent, Billy W. Joyner, BA Septic Tank Service, Ine., performed a repair at 4220 Julingtor creek Road, Jacksonville, Florida 32223 without calling the duyal County Health Department for required inspections. The abeve action by Billy W. Joyner, AA Septic Tank Service, Inc., ang _its rincipals violated Rule 64B-6.022(1) (r), F-2.Ce (7) On May 2, 2002, Respordent, Billy W. Joyner, BA Septic ‘Tank Service, Inc., was cited by the Duval County Heelith Department for repair work performed at 4220 Julingten Czeek Road. Jacksonville, Florida 32223 and was directed to pay a fina 1 Re in the amount of $1,500.00. The said fine was paid in full on or about December 19, 2003. (8) On May 21, 2002, Respondent, Billy W. Joyner, BA Septic Tank Service, Inc., installed a septic tank at 4227 Birchwood Averue, Jacksonville, Florida 32207 without obtaining a permi* from. the Duval County Health Department. The above action by Billy W. Joyner, AA Septic Tank Service, Inc., and its principals violated Rule 64E-6.022(1) (ob) 1., F.A.C. (9) On December 12, 2002, Respondent, Billy W. Joyner, A Septic Tank Service, Ine., was cited by the Duval County Health Department for installation work performed at 4227 Birchwood Avenue, Jacksonville, Florida 32207 and was directed to pay 4 fire in the amount of $500.00. The said fine was paid in full cn ar about December 19, 2003. (10) On or about January 14, 2003, Respondent, Billy W. Joyner, AA Septic Tank Service, Inc., offered for sale and installed a modified septic tank at 10800 New King’s Road, Jacksonville, Florida 32219, without obtaining appreval for use by the Department. The above action by Billy W. Joyner, AA Septiz ‘Tank Service, Inc., and its principals violated Rule 64E- 3.022(1) (p), F.A.C. and Rule 64£-6.013(3) (a), FA.C. The © Depaztment imposes revocation for this violation. (11) On or about January 14, 2003, Respondent, Billy W. Joynar, AA Septic Tank Service, Inc., made misleading or untrue nepresertation by offering for sale and installing said unaoproved septic tank as an approved 1050-galion septic tank. The above action by Billy W. Joyner, AA Septic Tank Serv-.ce, a Inc., and its principals violated Rule 64E-6.022(1) (kK), F.A.C. The Department imposes revocation for this violation. (13) On January 16, 2003, septic tank measurements were suomitted to the Department of Eealth, Bureau of Onsite Sewage 2regrams, which verified that said tank was significently modified from a previously appreved 1200 gallon tank design (#16- )65-12D) to an unapproved tank design with 715 gallor effective capacity in the first compartment and 230 gallons effective gapacity in the second compartment; total tank capacity equatec. ‘to 945 gallons, less than the minimum 1050 gallon septic tank sequired by OSTDS Construction Permit #03-1969-N. In addition, altezations to said tank resulted in a liquid depth cf 39.88 inches, less than the required 42-inch minimum. The above actio2 by Billy W. Joyner, AA Septic Tank Service, Inc., and_ its principals violated Rule 64E-6.022(1) (p), F.A.C. and Rule 64E- §.013(2) (a), F.A.C. The Department imposes revocaticn for this violation. (14) On or about January 16, 2003, Respondent, Billy W. oyaer, BA Septic Tank Service, Inc., covered the unapproved septic tank without approval by the Department of Health, Duval Courty Health Department. The above action by Billy W. Joyner, RA Septic Tank Service, Inc., and its principals violated! Rule 64E-6,022(1)(r), F.A.C. The Department imposes revocation for this viclation. (15) On September 2, 2003, Respondent, Billy W. Joyrer, AA Septic Tank Service, Inc., performed a repair at 5035 1ic™ Street, Jacksonville, Florida 32210 without obtaining a repair a permit from the Duval County Health Department. According to ai AA Saptic Tank Service Daily Truck Log and Maintenance Report, Jack K. Young, property owner, provided check #2910 for $1000.C0 ‘co rapair a failing drainfield at said address. The above actioi by Billy W. Joyner, AA Se tic Tank Service, Inc., anc its principals violated Rule 64E~6.022(1) (b)2., F.A.C. The Nepaztment imposes revocation for this violation. (16) On September 2, 2003, Respondent, Billy W. Joyner, AR. Septic Tank Service, Inc., performed a repair at 5035 110° Street, Jacksonville, Florida 32210 without calling the Duval Couaty Eealth Department for required inspections. The above action by Billy W. Joyner, AA Septic Tank Service, Inc., and its principals violated Rule 64E-6.022(1) (r), F.A.C. The Department imposes revocation for this violation. (17) On March 19, 2004, the Duval County Health Department neca:vec a complaint from Robert Parrish, property owner for 8735 Galvesten Avenue, Jacksonville FL 32220. Mr. Parrish stated that on or about February 9, 2002, Respondent, Billy W. Joyner, AA Saptic Tank Service, Inc., performed a drainfield repair at 6033 110% Street, Jacksonville, Florida 32210 withovt ootaining a rapair permit from the Duval County Health Department. Recording to AA Septic Tank Service contracts/ proposals, Rober= FParcish paid $1,600.00 cash to repair system. The above action by Billy W. Joyner, AA Septic Tank Service, Inc., and its. principals violated Rule 64E-6.022(1) (b)2., F-A-C. Tie Department_imposes revocation for this violation. (18) All of the above actions by the Respondent, Billy W. Joynar, AA Septic Tank Service, Inc., and its principals sepresent gross negligence, incempetence, or miscondvct which caus2s monetary harm to the customer and violates Rule 64E- 5.022(1) (1)2.,F.A.C. The Department imposes a fine in the amount of $300.00 and revocation for this violation. (19) The above facts, as alleged, are grounds upon which administrative fines and revocation must be imposed. (20) The Respondents are hereby notified that they have a sight to request an administrative hearing pursuant to sections “.20.569(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 ducas tecum (production of records) issued; and to present written evidence or argument if Respondents request a hearing. (21) (a) Any hearing request or answer to this administrative complaint shall be made in writing and shell 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 Respondents, and an explanation of how their substantial interests will be affected by the Agency determination; iii. A statement of when and how Respondents received notice of the Agency decision; iv. vii. (b) A statement of all disputed issues of material fact. If there ere none, the answer cor request for hearing must so indicate; A concise statement of the ultimate facts alleged, as well as the rules and statutes, which entitle the Respondents to relief; A demand for relief to which the Respondents deer themselves entitled; and Other informatior. which the Respondents contend is material. In lieu of the items identified in paragraph (21) (a), Respondents may request a hearing by completiay 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 velevart affirmative defense the Respondents may have. Except for good cause: i. Factual matters alleged in this comp:.aint ani 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. (22) Any administrative proceedings concerning this com2.aint shall be conducted pursuant to Chapter 28-106, F.A.C. (23) The Respondents are given full notice of this agency action. Failure to request a hearing within twenty-cne (21) dzéys after receipt of this complaint will result in an adrission of “he facts alleged in this complaint and the entry of a final order by the Department. If the Respondents desire to request a nearing, they may file a request pursuant to paragrarh “21a” or complete the attached form as indicated in paragraph “21h” and Forward the request to: Agency Clerk Department of Health Office of the General Counsel 4052 Bald Cypress Way, BIN # A-02 Tallahassee, FL 32399-1703 Florida Department of Heal=h oe “ RR \_ashhe. aes Catherine ma Eoquired Duval County Health Departnent 515 West 6th Street Jacksonville, FL 32206 Florida Bar No. 650684 CERTIFICATE OF SERVICE T HEREBY CERTIFY that a true and correct copy of the foregoing administrative complaint was sent by certified mail, etucn receipt requested, and regular mail, to Billy W. Joynez, AA Septic Tank Service, Inc, at 1162 Pebble Ridge Drive, Jacksonville, Florida 32220 this5® day of {Vang , 2004. Ssqize te ~ Catherine Berry, Copies to: jMaron Hilliard, Ph.D., Environmental Administrator Duval County Health Department Florida Department of Health 900 University Boulevard N., Suite 300 Jacksonville, FL 32211 Gerald R. Briggs, Chief Depaztment of Health Buraau of Onsite Sewage Programs 4052 Bald Cypress Way, BIN # A08 Nallahassee, FL 32399-1713 HELPING SHAPE Fioripa’s FUTURE® Eric Asi Kristin K. BENNETT W. O. BIRCHFIELD WiutaM G. CAPKO Eris L. Deapy MICHELLE DIFFEN Rosert P. DIFFENDERFER KENNETH W. DODGE AMY M. DUKES BRENNA MALOUF DURDEN Rostynn M. FERGUSON WAynE E. FLOWERS Joun W. FOREHAND Watrer E, FOREHAND Joun J. FUMERO Melissa GROSS-ARNOLD Kevin S. HENNESSY BRUCE B, HUMPHREY R, STEVEN LEWIS Terry E. Lewis James W. LINN ANNE LONGMAN M. Currstopure Lyon Davi E, RaMBaA KENNETH G. SPILIIAS FEpwin A, STEINMEYER GLENN E, THOMAS STEPHEN A. WALKER www.llw-law.com Jacksonville Office 9428 Baymeadows Road Suite 625 Jacksonville, Florida 32256 (904) 737-2020 Fax: (904) 737-3221 Tallahassee Office Post Office Box 10788 (32302) 123 South Gadsden Street Suite 300 Tallahassee, Florida 32301 (850) 222-5702 Fax; (850) 224-9242 West Pabn Beach Office 1700 Palm Beach Lakes Blvd. Suite 1000 West Palm Beach, Florida 33401 (561) 640-0820 Fax: (361) 640-8202 LEWIS, LONGMAN & WALKER, RA. ATTORNEYS AT LAW Lo’ (i pc AOA Reply to Jacksonville Via Federal Express May 13, 2004 Mr. Richard Samuel Power RECEIVED Agency Clerk Ap gw Baas Department of Health DEPA . Office of the General Counsel FONT OF HEALTH 4052 Balk Cypress Way, BIN # A-02 Tallahassee, Florida 32399-1703 Re: Billy W. Joyner, SR0890497 AA Septic Tank Service, Inc. SA0970848 Dear Mr. Power: Enclosed, for filing, please find a Request for Formal Administrative Hearing in regard to the above-referenced matter. Thank you for your assistance. et Wayne E. F owers WEF: It Enclosure

Docket for Case No: 04-002020