STATE OF FLORIDA D - SE OH -O!-0 6S8-S -# DEPARTMENT OF HEALTH Final 0: No. Date T=) 0) . FILED . CURTIS CHANDLEY AND BARBARA _ Department of Health CHANDLEY, ; ; AGENCY CLERK Theodore M. Henderson, Agency Clerk Petitioner, / Deputy Agency Clerk vs. DOAH CASE NO.: 00-4080 = Pee daagareeng, | Respondent. ) DEPARTMENT OF HEALTH, FINAL ORDER THIS CAUSE is before me based upon the Respondent’ s Motion ; for Final Agency Order Approving Local Memorandum of Agreement (“Motion”) : Upon careful review of the same, the Respondent’s Motion is hereby GRANTED. The “stipulation, which was executed by the Parties on February 23, 2001, is adopted and incorporated by reference. The parties are hereby ORDERED to abide by and fully comply with the terms of the Stipulation. The Department’s file is hereby closed. ie DONE and ORDERED this <= day of x 2001, in Tallahassee, Leon County, Florida. ROBERT G. BROOKS, M.D. Secretary, Department of Health By: 4 Richard G. Hunter, Ph.D. Deputy State Health Officer NOTICE OF RIGHT TO JUDICIAL REVIEW ee REVIEW , PARTY WHO IS ADVERSELY AFFECTED BY THIS. ‘FINAL ORDER Is. ENTITLED TO JUDICIAL REVIEW PURSUANT. ‘TO SECTION 120.68, F ; 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 CLERK OF THE DEPART. ENT 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 RENDITION OF THIS FINAL ORDER. Copies Furnished to: Jack P. Brandon, Esquire PETERSON & MYERS, P.A. Attorney at Law Post Office Box 1079 Lake Wales, FL 33859-1079 Roland Reis, Esquire Department of Health 1290 Golfview Avenue, Bartow, FL 33830 4t) Floor Bart Bibler, Bureau Chief Department of Health Bureau of Water Programs BIN AOS | 4052 Bald Cypress Way Tallahassee, FL 32399-3260 | CERTIFICATE OF SERVICE = I HEREBY CERTIFY that a true and correct copy of the foregoing FINAL ORDER has been sent by U. Ss. Mail, inter-office i her or by hand delivery to each of the above - named persons this Jot ee day of Agency Clerk Department of Health Office of the General Counsel . BIN A02 4052 Bald cypress Way Tallahassee, Florida 32399-1703 ph. (850) 245-4005 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS CURTIS CHANDLEY AND BARBARA 7 ; CHANDLEY CASE NO. 00-4080 Petitioners, : wy vs. DEPARTMENT OF HEATH, Respondent. LOCAL MEMORANDUM OF AGREEMENT WHEREAS, Petitioners’ Variance Application #8098 was granted by Respondent subject to local agreement between Petitioners and the Polk County Health Department, and whereas both parties seek to effectuate said Variance through mutual agreement, . NOW, THEREFORE, the parties stipulate and agree between and among themselves as follows: | 1. Petitioners shall notify Tim Mayer, Environmental Administrator, within three days after settlement of negotiations between Petitioners and the South Florida Water Management District, that the settlement has been reached. Tim Mayer shall be notified at the Polk County Health Department, 2090 E. Clower St., Bartow, FL. 33830-6741. 2. Petitioners shall submit an application for the construction of a new sewage treatment and disposal system to the Department of Health or to the Department of Environmental Protection, depending on the type and size of the system sought, within 60 days of the SFWMD settlement. February, 2 2001. Memorandun: 1 Ag. -ement 4 Chandley v. Department of Health Page 2 eee 3. Petitioners Shall complete construction of the new sewage treatment and disposal system within 120days after Department approval of the application. This Memorandum of Agreement is entered into this a3 aay of Boe OE hy ts ogee oe KP. BRANDON, ESQ. Florida Bar Number 1640 N. Park Ave. Bartow, FL 33830-3105 Bartow, FL/ 33830-6740 _ Tel. (863) 519-0189 Tel. (863) 519-7900, ext. 1005

Docket for Case No: 00-004080