ant, Wis mo STATE OF FLORIDA en of DEPARTMENT OF HEALTH we FS DEPARTMENT OF HEALTH, Petitioner, vs. DOH Case No.: 2005- — ae f SCOTT W. VAN NETTA OS _ [Ci [ AL ADMINISTRATIVE COMPLAINT Nature of the Case YOU ARE HEREBY NOTIFIED that this is an administrative action. This case arises from Respondent’s unlawful acts and practices and failure to comply with Section 381.0065 Florida Statute, Chapter 489 Part III Florida Statutes and Chapter 64E-6 Florida Administrative Code. This action is authorized pursuant to Sections 381.0061 and 489.556 Florida Statutes, and Rule 64E-6.022 Florida Administrative Code. Factual Allegations as to All Counts 1. The Petitioner, State of Florida, Department of Health, is the administrative agency of the State of Florida charged with the duty to enforce the provisions of Chapter 381 Florida Statutes, Chapter 489 Part III Florida Statutes and the applicable rules contained in Chapter 64E-6 Florida Administrative Code. 2. The Respondent, Scott W. VanNetta, is a registered septic tank contractor, SRO021420. He is authorized to provide septic tank contracting services through the corporation Gulf Coast Septic Inc., Authorization number $A0031110 . VanNetta2-05.DOC Page 1 of 6 3. The Respondent advertises and holds himself out to the public as a septic tank contractor and engages in the practice of septic tank contractor services ‘in at least Lee County. The Respondent is permitted to provide septage disposal services via permit number 36-QA-29262 issued by Lee County Health Department. 4. On January 12, 2005 the Respondent made application for a repair permit on behalf of First Choice Homes Inc. to repair the onsite sewage treatment and disposal system located at 1221 N.E. 19" Court, Cape Coral, Florida 33909. The Department issued the repair permit, number 49585-R, on January 13, 2005. See Attachment A, attached and incorporated herein. 5. On February 2, 2005 the Respondent failed to properly pump and remove all the septage from the tank and the drainfield prior to beginning the repair of the drainfield at 1221 N.E. 19" Court, Cape Coral, Florida 33909. The drainfield was saturated with septage. The Respondent improperly dug a hole at the side of the drainfield for the purpose of allowing the septage that was in the drainfield area to drain into the hole. The hole was approximately 8 foot by 5 foot by 10 foot and filled up with septage. The Respondent left the septage in the hole allowing it to be absorbed into the ground and the water table. The home owner, Teresa Hardesty witnessed these acts. See Attachment B, attached and incorporated herein. 6. The Respondent’s acts and practices described in paragraph 5 above violate Rule 64E-6.0101(7) Florida Administrative Code that requires the Respondent to properly dispose of septage and prohibits putting untreated septage on the ground and subjects the Respondent to the discipline mandated in Rule 64E-6.022(1)(m) Florida Administrative Code which is revocation for a repeat violation. Additionally, the Respondent’s acts and practices in the above paragraph creates a sanitary nuisance in violation of Chapter 386 Florida Statutes and subjects the Respondent to the discipline mandated in Rule 64E-6.022(1)(q) Florida Administrative Code which is 90 day suspension or revocation for a repeat violation. Lastly, the acts and practices in the VanNetta2-05.DOC Page 2 of 6 above paragraph constitutes gross negligence, incompetence and /or misconduct which at this time has not caused harm to a customer or others and subjects the Respondent to the discipline mandated in Rule 64E-6.022(1)(D(1) Florida Administrative Code which is a $500 fine and 90 day suspension or revocation for a repeat violation. However, the well water in the area is still being tested and monitored and persons could possibly still incur harm from these practices. The Department hereby imposes revocation for these violations against Respondent. 7. On February 3, 2005 the Respondent returned to the, repair site and septage was still in the hole. The Respondent increased the width size-of the hole by approximately three feet and filled the hole with the old drainfield multipipe, aggregate and soil in the spoil material from the drainfield. The home owner, Teresa Hardesty witnessed these acts. 8. On February 4, 2005 the Department inspected the repair at 1221 N.E. 19" Court, Cape Coral, Florida 33909. The home owner was present during the inspection and reported to the Department inspectors that the Respondent had dug the hole allowing the septage to fill it. The homeowner also reported that the Respondent had put the old drainfield pipe and other spoil from the drainfield in the hole. 9. On February 4, 2005, at the Department’s request, the Respondent excavated the entire area where the septage had pooled and the drainfield material had been deposited. A large pile of drainfield multipipe and soil in the spoil material was removed from the area where the hole had been dug. After the excavation there was groundwater coming into the bottom of the hole and the smell of sewage was overpowering. See Composite Attachment C, attached and incorporated herein. 10. The Respondent’s acts and practices described in paragraphs 7, 8 and 9 above violate Rule 64E-6.015(6) Florida Administrative Code that requires the Respondent to dispose of all spoil material from the drainfield in a proper landfill and subjects the Respondent to the discipline mandated in Rule 64:2-6.022(p) Florida VanNetta2-05.DOC Dana 2 aff Administrative Code which is a 90 day suspension or revocation for a repeat violation. Additionally, the Respondent’s acts and practices in the above paragraphs creates a sanitary nuisance in violation of Chapter 386 Florida Statutes and subjects the Respondent to the discipline mandated in Rule 64E-6.022(1)(q) Florida Administrative Code which is 90 day suspension or revocation for a repeat violation. Lastly, the acts and practices in the above paragraphs constitutes gross negligence, incompetence and /or misconduct which at this time has not caused harm to a customer or others and subjects the Respondent to the discipline mandated in Rule 64E-6.022(1)()(1) Florida Administrative Code which is a $500 fine and 90 day suspension or revocation for a repeat violation. However, the well water in the area is still being tested and monitored and persons could possibly still incur harm from these practices. The Department hereby imposes revocation for these violations against Respondent. 11. Rule 64E-6.022(3) Florida Administrative Code states: As used in this rule, a repeat violation is any violation on which disciplinary action is being taken where the same licensee had previously had disciplinary action taken against him or received a letter of warning in a prior case. This definition applies regardless of the chronological relationship of the violations and regardless of whether the violations are of the same or different subsections of this rule. The penalty given in the above list for repeat violations is intended to apply only to situations where the repeat violation is of a different subsection of this rule than the first violation. Where the repeat violation is the very same type of violation as the first violation, the penalty set out above will generally be increased over what is shown for repeat violations. 12. Rule 64E-6.022(4) Florida Administrative Code states: Where several of the above violations shall occur in one or several cases being considered together the penalties shall normally be cumulative and consecutive. The Respondent has had disciplinary aciion taken against him in the past. ‘Jr December 30, 2004 the Respondent received an Official Letter of Warning for VanNetta2-05.DOC Page 4 of 6 abandonment of a repair job of a septic system. See Attachment D, attached and incorporated herein. Accordingly, the above stated violations are “repeat violations” in determining the disciplinary action. Request for Relief Wherefore, the Department of Health hereby imposes a revocation of the Respondent’s septic tank contractor’s registration, registration number SR0021420 and the Respondent’s annual operating permit authorizing the septage dispoéal service, permit number 36-QA-29262. Done this 22nd day of February 2005 by the Department of Health, Lee County Health Department. STATE OF FLORIDA DEPARTMENT OF HEALTH SUSAN MASTIN SCOTT Florida Bar #0000736 Chief Legal Counsel 2295 Victoria Avenue, Room 206 Fort Myers, Florida 33901 (239) 338-2743 (239) 338-2745 facsimile CERTIFICATE OF SERVICE I hereby certify that the true and original Administrative Complaint herein was delivered to the Respondent Scott W. VanNetta, 6980 Greystone Lane, Fort Myers, Florida 33912 via DHL #25101661152, this 22nd day February 2005. Si saaMethn Sott Susan Mastin Sestt 4 VanNetta2-05.DOC Page 5 of 6 NOTICE OF RIGHTS TO APPEAL A party whose substantial interest is affected by this order raay petition for an administrative hearing pursuant to sections 120.569 and 120.57, Fla. Stat. Such proceedings are governed by Rule 28-106, Florida Administrative Code. A petition for administrative hearing must be in writing and must be received by the Agency Clerk for the Department, within twenty-one (21) days from the receipt of this order. The address of the Agency Clerk is 4052 Bald Cypress Way, BIN # A02, Tallahassee FL 32399-1703. The Agency Clerk’s facsimile number is 850-410-1448. Mediation is not available as an alternative remedy. Your failure to submit petition for hearing within 21 days from receipt of this order will constitute a waiver of your right to an administrative hearing, and this order shall become a “final order.” Should this order become a final order, a party who is adversely affected by it is entitled to judicial review pursuant to section 120.68, Fla. Stat. 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 Court of Appeal in the appropriate District Court. The notice must be filed within 30 days of rendition of the final order. VanNetta2-05.DOC Page 6 of 6 STATE OF FLORILA CENTRAX #:_36-SB-45388 ‘DATE - PAID: 8/5/03 DEPARTMENT. OF. HEALTH a ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM FEE PAID :_ $200.00 ; COMBIRDCTION PERMIT - RECEIPT.-: 71. OSTDSNBR : 08-0157- -R CONSTRUCTION PERMIT FOR: . { -tNew System { JExisting System [ } Holding Tank [ ] Innovative Other ~{ X ] Repair [ } Abandonment ] Temporary {-~ ) . APPLICANT: _First Choice Homes, Inc AGENT: _W/A, | PROPERTY STREET ADDRESS:_1221 NE 19th Ct, Cape Coral FL 33909 ‘ 4 LOT: 9-10 BLOCK: 3525 SUBDIVISION: Caps Coral & i__} (Section/Township/Range/Parcel No.] [OR TAX ID NUMBER] SS SYSTEM MUST BE CONSTRUCTED IN ACCORDANCH WITH SPECIFICATIONS AND STANDARDS OF CHAPTER 648-6, FAC DEPARTMENT APPROVAL OF SYSTEM’ DOES NOT GUARANTEE SATISFACTORY FERFORMANCE FOR ANY SPECIFIC TIME PERXOD. ANY CHANGE IN MATERIAL FACTS WHICH SERVED AS A BASIS FOR ISSUANCE, OF THIS PERMIT, REQUIRE THE APPLICANT TO MODIFY THE PERMIT. APPLICATION... SUCH MODIFICATIONS’ MAY RESULT IN THIS PERMIT BEING MADE NULL AND VOID. ISSUYANCE OF THIS PERMIT DOES NOT EXEMPT THE, APPLICANT FROM COMPLIANCE WITH OTHER FEDERAL, STATE OR LOCAL PERMITTING REQUIRED FOR PROPERTY. DEVELOPMENT. a eee PROPERTY ID #:_08442401035250090 acres SYSTEM DESIGN AND SPECIFICATIONS T /*- 900 -]Gallons EXISTING SEPTIC TANK MULTI-CHAMBERED/IN SERIES: [¥ ] Ai. 0 JGallons MULTI-CHAMBERED/IN SERIES: J ¥ } ‘Tot... .0 .]GALLONS..GREASE INTERCEPTOR CAPACITY 0 ]GALLONS @ [0 ]DOSES PER 24 ERS # PUMPS[ 0 } RI 0 GALLONS DOSING TANX CAPACITY [ Dt seg SQUARE FEET REPLACEMENT DRAINFIBLD SYSTEM R ( 0 )} A PYPE SYSTEM: ( ™ ] 6TANDARD { # ] PILLED [ ¥ }MOUND [ BW} I CONFIGURATION: ( N ] TRENCH { ¥ )BED tN) —— N F LOCATION TO BENCHMARK: 100,00 (ASSUMED) CL RD, LEFT PL I ELEVATION OF PROPOSED SYSTEM. SITE [1.0] _{-FERT -.) . {ABOVE }BENCHMARK/REFERENCE “POINT E ROTTOM OF DRAINFIELD To BE { 24-9 ] [ FEET J [ ABOVE] BENCHMARK/REFERENCE POINT L . D FILL REQUIRED: [ 23.0 ] INCHES EXCAVATION REQUIRED: [ 84.0 ] INCHES ACCESS TO LID AVAILABLE OTHER. REMARKS: PUMP.-TANK- AND: REPLACE OUTLET DEVICE iF NECESSARY.LEAVE NG DRAINFIELD MATERIALS. FoR auspUCTToN. COMPLETELY REMOVE AND PROPERLY DISPOSE OF ALL EXISTT! Soil replacement required - See attached sheet. MINIMUM INFILTRATIVE SURFACE ELEVATION = 101.86! iPECIFICATIONS BY: Wesley Vance TITLE: $508) \PPROVED BY: Vance, Wesle TITLE: ENV Spacialiat xz bee -CHD ‘ATE ISSUED: 1/23/05 a EXPYRAGION DATE: 4/13/05 + eee : TA *5 K 40267-03797 lonseletaa previous editions which may not ha used) Stock Number: 5§744-001-4016-0) fortdg_eona_$016-2) Pace Jonf 2 ATTACHMENT "A" PEMACE in. : SIS RP ————__— DS OS ISTH RK vi fo] Xenovedive Sy nee Rapes ” Skandenpent ee ASHLIOANE: Fiest hoe Hames tHe acme: : C Y Le CagsT Septic : . enarena: 3 4y-3329L be eal Sterns weer se ccrsmrcecn 1427 “G0 RS COMUMTED HY APPLECKTY CR APELICAE?’ # AOTHORIZED AGENT. PURSUANT TO 46D.203 (3) tm) OF 409.952, FLORTRA somite. re FROVION DOCUMNEASTOS om? & PEnser brome skis wes = meee OF SHE DATS THE LOF WAR CRELTID CA et/DD ser} TF REQINATING COREYOTRAPION CF SPATOTORY CRALDIASHRR- RROVTATAMN!, Tat: vm Gul2. mom, meee: 35) 5: ‘mueprvraias:( Bel ool £L pram: 965" reoventy xp 6: OS4Y PLA S00f0__. sam Pec tae ox-agorarme: tr ep) nome arma dit. 'Acuae WAGER SUPPLE: - LX] servaee vost £ Jeanoesm I }>20000RD 38 SDWER AVATLARER BS ER 362. veess way t = (GEA _ DISEAMCR TO. BERERS weoranex amuaas: __/ 2 E_)9 T Sape Cora, 330 f_ . ” bamecrmais 50 spore: : , SULIDING INFORMALTON: , { ) exeioomzar, "f ] Conpaanectar ; Writ. typeof (to Sigs of ~ Batleing Commarntal institutional gysten Dartign Ho Matebijomeent «=i Bariroems «Ares Sette Table 4, Chanter @@i-G, FRC 1 . ; Lnsle fam 3 by 3 ; J. | . RECEIVED 3 JAN 1? 206. ‘ Fa eel ————_—— eee : 1 Plese/ trains of J Other (specdty) : aTomctria, / Uy Alte . pam f— / 2-25 Feo 1 of 4- 2% 4015, 16/97 (previous Editione May De Teed) q. ae! | pevers LIEB _ GRSITY FEWAGE TREATMENT arm DISPOSAL ALETEN - EXISTING SYSTEM AND SYSTEM REFATR RVALUATICN j - orgie Prema : Y9SES APPLICANT: st Choice Homes — for Theresa 4 CONTRACTOR / AGENT: Gulf Cee st Septic bv al OSs Gays pact TGY-ada C] aOFSOS- OPO ror: Gt fo secre: BS, sUBDIV: ( Aneiei Fl _ eS EOP AOS OR ERE RES RAED FRSA AROSE TRUS CUR KNOTS ESAs EATS een ee Rew EE TO BE COMPLETED BY SLORIDA RECISTESSD ESOINEER, OSPARMCENT Erloyem, APTI TATE CONTRACTOR oz OTHER CERPIYIED PEOGGH. AIGH AND SPAL ALL AUBMYTTED DOCS. ORELEFE ALG APPLICARER UTENA. COMPLETH TAME CERTIFICATION BELOW OR ATTACH LETTER PROM A PERMITTED SEPTAGE DESPOAAL sHVxcE. mene eta saneusensssenenne cen 2088 Serre eee BERS Ree NN ene En ese eases SER EE SSS sESeeeee esos Eees RIGID TANK YHPORMATION 1900 } qanzoms saprre TAWK/opp ArT naam LeeSp ply varmrays Conerele OnCrele Bari try [ ) GALLONS SEPTIC TAWK/GPD AT? LEGEND, BAMILEDC TY’ / ¥1 MATERIA C ] GALICNS GRUASE INTERCEPTOR LEGEND e —_——- ~ J GAMO voAXWe TABK UECENDs " MATERIAL? ot. 8 Evers Tt 1 { SR RRS RENNER ARR DER DVEE Sen an Breneenaarense seme EEE Ree eee ee ee S SARA Re RS eRO EE “BPRCIFIED, ARH 2 CRRTIVY TEAT THE ABOVE WOTED TANKS WARE vourED ON 7 //2/ f MMATALLRD. r ALLE Sct, AND HAVE A ( SOLIDS, DEFE! cor DEVICE Bx ae OF LICENSED CONTRACTOR BUSINESS wwe DATH Re eee Dee BOR ee ee Ee ON PSH SPAN SS OBOE Swe ARSE DARLEY PTRRSBRSSE SE TOS Oe PR Y Se Ped) eqaapalen on &e ) vueerprons 22 x1 1o-¢ +] SQUARG FRET PRYHARY DRAIMVIELD SYSTEM WO. OF TRENCHES [ SYBTEN KO. OF TRERCHES [ J] DxMEAATONE: fuer: - +> (2 HRADER - { J- D-nOZ - A BUEVATEON OF BOTTGG OF DRRIMFYELG

BELoM GYSTEM PATLORE AWD REPAIR INFORMATION tyofos leas SYSTEM XWSTALLATION DATE TYPR OF WASTE powmstsc =f ]} COMMERCIAL ( Fp °) GPP RSTINMATED SEWAGE PLOW BASED OY { 3 METERED WA’ UX] TABLE 1, 64-8, FAC arms { J] mramwacs strucrorms [ ] FOOL { 2 PpaTTo / DECK [ 2} PARKIRG Comprrroma1-{° 7 SLOPING PROPERTY = [ 1 1 sorry & ] MAmntEsance { 3} SYSTEM DASAGE “} Roots Ef -} waverrasce- =f ) 1 tx {2 D Sox/meapzR = [ - 7 DRATHPIBND SYMPTOM: eEMARRG/apprrrowm, eatragta looks jjke Sond Gk 9 Peopte ‘ Oust: i 4 E azmnssy V2 1un03 Hist TH 1/9 £68620) na 8 tpn cok ay ainnssy : azn: | | ALGER AT ’ he : i j i i Ss Q al ae ak ‘ aa : > 2 ee 1a a. <, } ow 7 “ et oO} ln ¥o “¢ od tua o ; a 350 aE OR & z¥ S03) t- 7 oo p by Sg o- % 9 & < ‘ ‘ "La OS veo't PN Y3H¥ ONiAN “Li "OS BHO'G} vay¥ 107 ANVOYA ; : i : Stge wood HEVI¥A 9 101 THA i Fj | : StSE AIO wee tt 10 : i at ~~~ ! szss yoga : r2) ~ : Oy ‘ ~ a) aH i a) panx OL America | Account ActIVIT vansaction image screen : yage 1011 "Online Banking Mait + Hele ~ Sign Off : paniatAmeries Higher Standards ac Accournts- {| Bil Pay &-e-Bills Transfer Funds .... Customer Service Accounts Overview Account Activity Account Summary Find a Transaction Check Image - Front “Posting Date: 12/23/2004 Check #: Amount: $165.00 Reference: 89440663621 Account: DODA-4277 Nickname: View Front and Back Return to Account Activit Stop writing checks:and save $53 Lat's dseume you pay 12 biiis a month the old-fashioned way, Over the course of a year. that adds up to $53 in stamps, Take advantage of Free Biit Pay today, and keep the $53. It's on us, M@ Secure Area Accounts + Bill Pay & e-Bills + Transfer Funds > Customer Service Seargh - Locations + Mall + Help * SitaMap + Sign Off Bank’ of America, N.A. Member FDIC, Equal Housing Lender fa? © 2005 Bank of America Corporetion. Alf rights rssarved. https://onlineeast.bankofameriez.com/cgi-bin/ias/Pti ySDT2UXPzj208htK ZHeKxPvGzH0Oc2zNKIRMAZ3... 2/4/2005 - .; STATE OF FLORIDA - i : gamer #A'S C- RP * DEPARTMENT OF HEALTH es a ONSITE, SEWAGE TREATMENT AND DISEOSAL _ storm aie EVALUATION AND SYSTEM SPECIEICATIONS ~ | _apprEcant: |‘ oot son Af toe DSBS scmwernerci Siew BNCOB SE SOd VO a : ener rer erence PP tt HEALTH DEPARTEMENT SEROTEN TOR OTHER QUALIFI£D PERSON. ENGINNEERS _ SIGN AND SEAR WACK 'PAGH OF SUBMITTAL. COMPLET ALL ‘ITEMS. . pRopaRTy ¢ 1D Hs Tome, Some TaD “BY ENGINEER; HEALTH _ oer PROVIDE, SEGTSTRATION, HUMBER sROWSREY SIZa ConmoRMs 10° “stm SLAN: tn ves. 4 NO. ET USABLE “BSTINAIED -SEWAGN SLOW: 2290 GALIONS FHK DAY - . x EID SEWAGE ZLOW: 35 GALTON DER DAY’ . RREIASSHED, AR AVANT: _ veer ‘BQrT ~ "-SROREEEUGED EGR PEGUIIAD ata BOF “EY NORMALE WTF TT eS «TAY ace worm PUBLIC! Gi ~ TaperemD TRCHES/ SERTEE, Z : €9 oF ! BOTT PING, FOUNDRETONS?_. S-5" st snopEneee RINKS: {1 Ft 7 POTABLE WATER LINES, FO “oF! Sigs SUBOLCE NC PRMQUENT FLOOR: , 3 mus. EAI BS ho SERN ser corer ff SES LAE 20) WAR FLOOD 5 ELEVATION POR eITEs ale Ra MEL/NGYD = AINE ELEVARION(_/aw, 94 PP Maen soe woe + OR OS * , WADE TABLE: GX ...TRCMES - “(aeone / BRON existe cRAnd. aoe (SmRERED Sev ROE WHT SEASON HATER TARE ELEVATION: - 1. THORS: | NE / SLOT SISTING. GRAI _ SAGE NONE ERBLE WEGEERETON: {3 TH BE HO ~ TLENG:. ET ES fT NO ORES 2. ENCE - SOLE, EEXTURE/LOADING RAYE FOR SYSTEM .STEING:__. ‘or FS _ DERTE oF SacRARTOR - “TREY . DRALNWIRID SONPIGURATION: £ PI TRENCH. a BED {i OTRER (aPEcxrzy 1" are OR. Teme marked with ‘X" ae Not OK. 2 t 2 Iterns ms parked wi Iterns circled are for Final Inspection. ttems ed with © “—” ar rie eh 36 H Fs "Water ia ae C A ees epee wale(s): it : ft Aaron Maleral:[aCone {1 FG 11 Foly Seevate Well ae Private Well 25' Setback 7" Sav Wall - 5 fyelgeS Z 3 4 ; ery yiket Device: 50" > Smee 39 asics 5 tes: 40 [-+4-T Special Purpose Well: 6 4Y £34 Public Woll: “7 8 _——— 2 Vetere 42 £-}¢-Fimation Well: : ie 5 (“{Pptable Water Lines: oe ee ea 44 }(yBuilding Foundation: 10 £-f-T Material: Cone FG. Pol; ei : ”Drivowsy!, i rat teen field to 7 [48 [eve “12£+ fT Atmm(s) Functioning 13 Lf Ramp Type: Pump HP: ET SO rate SOT Tt ts ptic Tank Cover (4” —8” or sealed riser) 51 £-+44Bosing Tank Cover (4” =8" or sealed xisex) 52 -}+-}-Graase Trap Cover 4° - -8" or sealed ri ger) [53{ }¢ [shoulder S4{ 1c Slopes ELie@): tabilization Material: [ is ‘od [ ] Haylaced PL] Sod[ | Hayiseed | JAI, JAL = Source Load Ticket Checked _ - | 58-[-}-£4F8torm Water Contcok. A Gon ; 23 TTC TSE rirega te Washed/Clean 59 pnsice Agreement 24 bites. Bundle Sq. Ft-} 60 ding Area 501 f of Charabers / AG 124 - 0} Sq. Ft | 61 E}}-Sexapling Port 7 pe Daud uy 80.36 } Dod tomes feats : mober of Drainiines: 3eP 1 ffdinative Scie (OY Wr [Rigead elow BM | 6s EE Pram shed oe Colgped 31t}t te Eaoaton “As Pemmitted acorns R i ‘Other: See Annotated Site Plan ms ‘Texture Load Ticket Checked 22 cp 3 ary pe cue Land Tete ected ___1 4 eae 34] opeapetnon Asse 70 Sh Cover Sone 33 _ : . . WY Dorpments: é Date: __ vonstruction Not oxo q S oa — D1 Rcwioe Not OK /* OK Date: ‘{nal Approval Number: Specialist: Date: February 7, 2005 To Whom It May Concer: On February 2, 2005 J received a call from my son (Dustin Riddle) on my cell phone stating that Gulf Coast Septic was at our home to start repairing our Septic drain fleld at 3:00 p.m. I asked my son to put the person from Gulf Coast Septic on the phone and spoke with a worker named David and told him that they needed to wait till Iwas at - home before they started any work on our property at 1221 NE 19" Ct, Cape Coral, Fl 33909. David stated that at this time they were just dropping off Gulf Coast Septic’s equipment I arrived back home at 3:35 p.m. and David and the owner (Scott) of Gulf Coast Septic started measuring the drain field and preparing for the removal of the drain field. Finally around 5:30 Gulf Coast Septic started the removal of the top layer of grass and started to place a pile to the left of the drain field (This is the side where the Utility pole is at). At this time when they knew where the drain field way laying exactly they dug up another hole 8x5x10 at the right side of the drain field next to the driveway. They proceeded to cut the drain field with their machine and have all the backed up sewage water drain into the hole. The sewage water. whs.at least two feet from top of grass. I asked the owner of Gulf Coast why they did this an he proceed to state that they had to drain the drain field pipes before removing them and that the sewage water would absorb into the ground by morning an that they would be back at that time to finish the job. On February 3, 2008 Gulf Coast Septic arrived at 1221 NE19* Ct, Cape Coral, F1, 33909, around 8:45 a.m. and proceeded to make the 8x5x10 hole wider by another 3 feet, so that the sewage water level would be lower than what it was. At this time Gulf Coast Septic proceeded to dig up drain field multi pipes and dispense of them into the 8x8x10 foot hole with the sewage water. They would also take from the pile of grass on the left of the house and place a layer of grass and then more Multi pipes until hole was filled to the top.. Then owner of Gulf Coast Septic.took the other half of the drain field pipes:and placed them into a dump trailer that was attached to the back of the owner of Gulf Coast _ Septic’s Dodge Pick-up track. At this time a load of perk sand dirt was délivered an place at the lot across the street of a First Home Lot where Lee Septic also had a job that was being done. The owner (Scott) took the dirt from our drain field and placed it across the street at 1226 NE 19" CT, Cape Coral, Fl and then took from the pile of dirt that was delivered about a “4 of that pile and placed it on our drain field at 1221 NE 19" Ct, Cape Coral, F133909, and proceeded to mix the original dirt with the new dirt. After this was completed they proceed to lay the new Drain Field pipes. After the owner completed job he proceeded to. work on the drain field across the street and prepare the drain field -for Lee Septic to lay their multi pipes down. On February 4, 2005 Health Inspector Jason arrived at 1221 NE 19" Ct. and I had a discussion with him after over hearing his conversation with Gulf Coast Septic and proceeded to tell him the above statement. At this time I was informed that the 8x8x10 hole. that was dug and filled with sewage waste water was in Violation of code. At this point Jason’s Supervisor was called in and has had Gulf Coast Septic remove all old drain ATTACHMENT "B" field multi pipe from 8x8x10 hole. All work from Gulf coast Septic has since been video taped ineluding the removal of old drain field multi pipes from 8x8x10 hole. Witnesses that have seen works being done dre 2s followed: Teresa Hardesty “ ~ 1221 NE 19 CT., CAPE-CORAL, FE 33909 239-872-8276 of 239-573-4357 Douglas Hardesty 1221 NE 19" CT, CAPE CORAL, FL 33909 239-872-8275 or 239-573-4357 Dustin Riddle (MINOR) LIVES AT ABOVE ADDRESS Jeremy Hardesty . - (MINOR) LIVES AT.ABOVE ADDRESS Scott Flamme 215 EAST HAMILLTON AV., TAMPA, FL 913-918-0504 nt The above statement is hereby true to the filllest extent. 02) 4/05 Witness Lisa Smentowski Page 1 of 1 https://mail.doh. state fl.us/exchange/Tanya_Baer/Inbox/Scot ATTACHMENT "C" Page 1 of 1 °420Netta. EML/MV... 2/16/2005 httne://mail dah state fl.us/exchange/Tanya_Baer/Inbox/Scott%20Van: Page | of 1 2/16/2005 change/Tanya_B aer/Inbox/ Scott%20Van%20Netta. EML/MV.. . httns://mail .doh.state.fl.us/ex Page 1 of 1 nips: /fmail, doh state fl us/exchange/Tanya, Baer/Inbox/Scott?420Van’420Netta EMLIMV.. 2/16/2005 42/29/2084 18:32 332-3 LCHD ENV HEALT’ PAGE 61/82 "Yeh Buah De peusdghn ©. Agwumobi, M.D. MBA, Gavemor ha aed Secretary December 29, 2004 Via Certified U.S. Mail # 70030500000368132628 Return Receipt Requested Scott Van Netta Gulf Coast Septic 6980 Greystone Lanc Fort Myers Fl 33912 RE: OFFICIAL LETTER OF WARNING . SR_0021420 S8A_0031110 Mr. Van Netta: This letter is an official letter of warming regarding the repair on an onsite sewage treatment and disposal system at property located at 1334 NE }. 3" Place, Cape Coral, Lee County, Florida, repair permit ; number _#59451 . An investigation by the Lee County Health Department revealed that you sbandoned the job by failing to have proper electrical wiring and an operating alarm for in excess of thirty (30) days, from September 10, 2004 until December 10, 2004. The contract between the property owners and Gulf Coast Septic does not exclude wiring the system and the electricity; therefore it is the responsibility of the septic contractor to see that this work is performed. ‘This action constitutes abandonment of ajob for more than thirty (30) days in violation of Chapter 64E-6,022 (1)(g) Florida Adroinistrative Code. NOTICE OF RIGHTS TO APPEAL A party whose gubstantial interest is affected by this order may petition for an administrative hearing pursuant to sections 120.569 and 120,57, Fla. Stat. petition for administrative hearing must be in writing an twenty-one (21) days from the receipt of this order. The Tallahassee FL 32399-1703. The Agency Clerk’s facsimile number is 850-4 10-1448, Mediation is not available as an alternative remedy. ‘Your failure to submit petition for hearing within 21 days from receipt of this order will constitute a waiver of your right to an administrative hearing, and this order shall become a “final order,” Should this order become a final order, a party who is adverscly affected by it is entitled to judicial review pursuant to section 120.68, Fla. Stat. Review proceedings are governed by the Florida Rules of Appellate Procedure, Such proceedings may be commenced by filing one copy of 2 Notice of Appeal with the Agency Clerk of the Department of Health REPLY TO: Environmental Health ig LEE COUNTY HEALTH DEPARTMENT me SELERCOUNTY Jug'sffarter, M.D. MIE. . 1039 SE Dth Place, #222 : . nieent, e (235) 458-7028 Cape Catal, Florida 33990 . “ : ‘ a~ ea an 2a =) ef ; ATTACHMENT "D" LCHD ENV HEALTE PaGE 42/82 42/29/2084 18:32 332-3! Jeb Bush John 6, Agminodl, M.D, M.B.A. wl Secretary Govemor and a second copy, accompanied by the filing fees required by law, with the Court of Appeal in the appropriate District Court. The notice must be filed within 30 days of rendition of the final order. Respectfully, a Josep. Barker, R.S., Environmental Health Director Lee Cotnty Health Department ce: Judith Hartner, M.D. M.P.H.; Director Lee County Health Department Gerald Briggs, Bureau Chief Bureau of Onsite Sewage Programs ———— ne LEE COUNTY HEALTH DEPARTMENT REPLY TO: Environmental Henith ; 1039 SE 9th Piace, #222 Biccouy Judith Harmer, M.D.) MPH. ma , las, , Director * 8 B (235) 458-7025 Cape Coral, Florida 33990 4 Page 1 of 1 USPS - Track & Confirm ack & Confirm Track & Confirm Enter label number: Current Status You entered 7003 0500 0003 6813 2628 aneanentnmenne Your item was delivered at 4:43 pm on December 30, 2004 in FORT MYERS, FL 33912. rd Notification Options _ | Track & Confirm FAQs C yTrack & Confirm by email Whatisthis? © a> POSTAL INSPECTORS site map contact us government services Preserving the Trust Copyright © 1999-2002 USPS. All Rights Reserved. Terms of Use Privacy Poltcy Page 1 of 1 Shipment Label =| NAS From DOH LEE COUNTY HEALTH DEP ACCT:851506753 ORIGEE T. Baer FMY 2295 VICTORIA AVE FORT MYERS, FL 33901 UNITED STATES Lun ref To: Scot van Nets L POSTCODE: reystone Lane : , Fort Myers, FL 33912 ‘ 339 1 2 L UNITED STATES Tel: 239-334-2308 L Description: Paperwork Weight: Letter Date: 2005-02-22 DHL standard terms and conditions apply. Mt ==" (ALUS33912 uN WAYBILL: 25101661152 (tHlon-Negatiable) 2/22/2005 Required 3:00 (Next Nore _ Time Date please go to www.dhl-usa.com or call 1-800-225-5345 Not Papi Letier Gx0x0 Ke Bhy 3PM) 2722/2005 To. Third 8515 i] day by Levet ft Route Rate Estimate: Protection. Di Date Printed Bill Bil To Acct: business Special Sve: Service enue? View Pending Shipments Please fold or cut in half DO NOT PHOTOCOPY Using 9 photocopy could delay the delivery of your package end wil result in addtional shipping charge C Waybill #: Re EP 101881152 Tosco an Netta Thank you for shipping with DHL 239-334-2308 T.Baer 2 2730 wan ane lohinmentdacumente/laheldar acn Create New Shipment ~~), For Tracking, 8960 Greystone Lane Fe FL 33912 Peres StMTES Attention To: Phoned: Wut. Aut Proved u DHL Signature (optional) Baer, Tanya From: DHL [r+5410CAA00@dhI.com] Sent: Thursday, February 24, 2005 5:21 PM To: Baer, Tanya Subject: DHL Delivery Status Notification Dear “Tanga Baer - Thank you for using, DHL's Delivery Notification Senvice. Your shipment was delivered on February 24, 2005 at 04:57 PM Tracking, Number: 25101661152 Signed for by: LVAN NETTI Date Delivered: 02/24/2005 Time: 04:57PM For more detailed information regarding this delivery, please visit our website at www.dhl-usa.com and enter the tracking, number in the Track section of the site. Thank you, DHL You are receiving this e-mail because you requested this notification from the DHL Website. If you have any questions or concerns about how we use your personal information, please read our privacy policy at hitp://www.dhLusa.com/About/Privacy.asp.

Docket for Case No: 05-001917PL