MILED STATE OF FLORIDA OTAPR II pH os DEPARTMENT OF HEALTH 2:40 DIVISION g ADHINISTRATIVE STATE OF FLORIDA, HEARING DEPARTMENT OF HEALTH, Petitioner, O | ~ le S| ADMINISTRATIVE FINE vs. SEPTIC TANK CONTRACTOR ; SRO931141 RE: HSES COMPLAINT JOHN E, MCDANIEL, SC1173 d/b/a SUPERIOR SEPTIC AND SEWER, INC. $500 Fine 7315 Highway 231 North Panama City, Florida 32404, Respondent. ADMINISTRATIVE COMPLAINT The State of Florida, Department of Health, Bay County Health Department, imposes an administrative fine in the amount of $500 for the following events and violations: 1. Respondent, John E. McDaniel, owns and operates Superior Septic and Sewer, Inc., and is a registered septic tank contractor with the Florida Department of Health pursuant to Part III, Chapter 489, and Section 381.0065, Florida Statutes. 2. At all times pertinent to this complaint, John E. McDaniel was licensed as a septic tank contractor under Registration SRO931141. 3. On January 22, 2007, The Respondent submitted an application requesting a repair permit (OSTDSNBR 07-09715-R) for Rosa and Freddy Perez, 5417 Lagoon Way, Panama City Beach, Florida. The submitted site plan did not show any features that would impact/obstruct the proposed and current onsite sewage treatment and disposal system (OSTDS).. 4. On January 26, 2007 it was discovered by Environmental Health Unit, Bay County Health Department, that the site conditions did not match the site plan. | 5. The current system has an 8’ x 12’ out-building placed over a section of the drainfield area and several 4” x 4” fence posts embedded in the dralnfield area. The submitted site plan does not reflect the presence of the 8’ x 12’ out-building nor the 4” X 4” fence posts. 6. The above Is a violation of the disciplinary guidelines, Rules 64E-6.015(1) and 64E-6.022(1)2., Florida Administrative Code (FAC). 7. Respondent has previously received discipline in Final Order 99-2474 DOAH. 8. Florida Administrative Code Rules relevant to this DOH v MCDANIEL — fine - Page 2 of 7 prosecution are specified below. In pertinent part, Rule 64E-6.015 provides: 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 fails to function in a safe or sanitary manner shall request from the DOH county health department, either directly or through their agent, a permit to repair the system prior to initiating repair of the system. > Bo * Applications shall contain the following information: (a) A site plan showing property dimensions, the existing and proposed system configuration and location on the property, the building location, potable and non-potable water lines, within the existing and proposed drainfield repair area, the general slope of the property, property lines and easements, any obstructed areas, any private or public. wells, or any surface water bodies and stormwater systems in proximity to the onsite sewage system which restricts replacement or relocation of the drainfield system. The existing drainfield type shall be described. For example, mineral aggregate, non-mineral aggregate, chambers, or other. * ae * (e) Any unusual site conditions which may influence the system design or function such as sloping property, drainage structures such as roof drains or curtain drains, and any obstructions such as patios, decks, swimming pools or parking areas. (f) The person performing the site evaluation shall provide a brief description of the nature of the failure which is occurring. (2) Site evaluations necessary to obtain the above referenced Information shall be conducted at the expense of the owner or lessee by department personnel, by an engineer who is registered in the State of Florida or by DOH v MCDANIEL ~ fine - Page 3 of 7 other qualified persons as per subsection 64E-6.004(3), F.A.C. In pertinent part, Rule 64E-6.004(3) provides: Necessary site investigations and tests shall be performed at the expense of the owner by either an engineer with soils training who is registered in the State of Florida pursuant to Chapter 471, F.S., by department personnel, registered septic tank contractors, master septic tank contractors, and persons certified under Section 381.0101, F.S, Registered septic tank contractors shall perform site evaluations for system repairs only. In pertinent part, Rule 64E-6.022 provides: (1) It shall be the responsibility of persons registered under this rule to see that work for which they have contracted and which has been performed by them or under their supervision is carried out in conformance with the requirements of all applicable Florida Statutes and Chapter 64E-6, F.A.C. The following actions by a person included under this rule shall be deemed unethical and subject to penalties as set forth in this section. The penalties listed shall be used as guidelines in disciplinary “cases, absent aggravating or mitigating circumstances and subject to other provisions of this section. * * * (k) Practicing fraud or deceit, making misleading or untrue representations. First violation, letter of warning or fine up to $500; repeat violation, revocation. * * * (2) Circumstances which shall be considered for the purposes of mitigation or aggravation of penalty shall include the following: (a) Monetary or other damage to the registrant’s customer, in any way associated with the violation, which damage the registrant has not relieved, as of the time the penalty is to be assessed. (b) Actual job-site violations of this rule or conditions exhibiting gross negligence, incompetence or misconduct by the contractor, which have not been corrected as of the time the penalty is being assessed. (c) The severity of the offense. DOH v MCDANIEL — fine - Page 4 of 7 (d) The danger to the public. (e) The number of repetitions of the offense. (f) The number of complaints filed against the contractor. (g) The length of time the contractor has practiced and registration category. (h) The actual damage, physical or otherwise, to the customer. (i) The effect of the penalty upon the contractor’s livelihood. (j) Any efforts at rehabilitation. (k) Any other mitigating or aggravating circumstances. 9. Disciplinary standard Rule 64E-6.0022(1)(b)(2)(k), Florida Administrative Code is violated by Respondent by not revealing the presence of the out-building and fence posts in the site plan prepared and submitted by him as a registered septic tank contractor. Not disclosing the out-building and fence posts in the submitted site plan js a misleading representation. 10. Mitigation has been considered and applied. 11. Discipline imposed for the above violation isa $500.00 fine due and payable immediately unless appealed according to the following. 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 DOH v MCDANIEL — fine - Page 5 of 7 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) 413-8743. 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 fs adversely affected by a final order is entitled to judicial review pursuant to section 120.68, Florida Statutes. 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. DOH v MCDANIEL — fine - Page 6 of 7 CERTIFICATE OF SERVICE I 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 On 3220 0001 6928 8536, Return Receipt Requested, on this the { vas 14, of - (Weed, 2007. a, \ PW X pA re NS SOnRE “JOHNSON ‘Fla. Bar No. 0472387 Chief Counsel. Department of Health Northwest Law Office 1295 West Fairfield Drive Pensacola, Florida 32501 (850) 595-6517, FAX (850) 595-6530 a DOH v MCDANIEL - fine - Page 7 of 7

Docket for Case No: 07-001651