STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, vs. CHRIS LEOSIS, Respondent. / 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 as a registered septic tank contractor and his failure to comply with applicable sections of the Florida Statutes and Florida Administrative Code, This action is authorized pursuant to Sections 381.0061, 381.0065 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 Chapters 381 and 489 Part Il Florida Statutes, and the applicable rules contained in Chapter 64E-6 Florida Administrative Code. 2 The Respondent, Chris Leosis, is a Registered Septic Tank Contractor, registration number SR 0911036, as defined by Chapter 489 Past Ill Florida Statutes and offers to provide septic tank contracting services to the public. The Respondent additionally has an annual operating permit, permit number 43-QF-00383, from the St. Lucie County Health Department, Department of Health, that authorizes him to provide septage disposal services to the public. Respondent is dba Drain-Site, Inc. SA 0031133. Page 1 of 7 cB ADV GHO NILYVN 2£96¢-Tod-ZLd 25°86 SG@BZ/EZ/TL 3, The Respondent was the agent hired io repair the septic system at 4831 SE Edison Ave., Stuart, Florida in July 2005. The system was approved by the health department on July 20, 2005. The repair required replacement of the drainfield and removal of old rocks and pipe with proper disposal of same. A new elevated drainfield, due to a high ground water table, was installed creating a mound. The repair also required a pump to be installed, to pump septage from the existing septic tank to the elevated drainfield, which filters the septage. This drainfield was located at the rear of the property. ‘ 4, On September 2, 2005 the health department received a complaint from Charlotte Shrewsburb concerning raw sewage running from 4831 SE Edison St. onto her property at 1982 SE Jackson Street, The raw sewage was running off the repaired drainfield mound onto her land situated diagonally from the repaired drainfield. ‘s. Health Department Inspector John DeVilbiss responded and found sewage running on the ground, an emergency public health situation, The inspector met with Respondent Leosis and ordered him to bleach the sewage contaminated area that same day. Respondent Leosis was given the okay to determine the failure and correct same on September 7", 6. On September 9, 2005 Ms. Shrewsbury called again with the same complaint of raw sewage flowing onto her property from 4831 SE Edison. Respondent failed to keep the septic tank empty so that raw sewage would not be pumped onto the ground if the failed drainfield was full to capacity. 7. - Respondent was notified and agreed to go out immediately to pump the tank because the repair was not yet completed, The repair was finalized September 19th and Respondent was ordered to remove the spoils. 8. Spoil Material is defined in Rule 64E-6.002(50), Florida Administrative Code (F.A.C.) as “,..-any part of the existing drainfield, any adjacent soil material within 24 inches vertically and 12 inches horizontally of the drainfield, and any soil that has visible signs of effluent that has been removed as part of a repair, modification or abandonment of an onsite sewage treatment and disposal system.” Page 2 of 7 €@ Fd GHD NILaVW 296b-Tée-E2e 25:86 SGGGc/EZ/TT ba FOVd 9 Rule 64E-6.015(6) F.A.C., under Permitting and Construction of Repairs conceming spoil material states “... (a)ny spoil material taken offsite shall be disposed of in a permitted landfill or shall be limed and stockpiled for at least 30 days to prevent a sanitary nuisance...” ‘ 10, The health department received Nuisance Complaint #05-194 on September 23rd from the Martin County Engineering Department, complaining that at 4831 SE Edison Ave., Respondent stockpiled spoil material inthe road, The entire street was backed up with raw sewage leeching into the drainage easement, The illegally stockpiled contaminated spoil material had no barriers, or warning signs, and neighborhood kids were playing on it. 11. The Respondent’s acts and practices set forth in paragraphs 1-11 constitute unethical practice by a septic tank contractor and subjects Respondent to penalties set forth in Rule 645-6,022(1)() F.A.C. This section states gross negligence, incompetence, or misconduct which causes harm to a customer, or physical harm to any person constitutes a penalty of'a repeat violation, $500 fine and 90 day suspension or revocation. ‘The Department hereby seeks revocation. 12. In addition, the Respondent’s acts in paragraphs 1-11 constitute creation of a sanitary nuisance defined in Section 386.041, F.S First violation, letter of warning or fine up to $500; repeat violation, 90 day suspension or revocation. The Department hereby seeks revocation. : 13, 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 warming 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 ofa 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 fer repeat violations. Page 3 of 7 CHO NILYYN £960-T2c-a22 29:88 SBGZ/EZ/TT 14. In addition to the incidents above the following violations are included in this complaint. In April 2005 Respondent conducted work at 3100 SW Boat Ramp Rd., Palm City, Fl. 34990. Application number 43-S5-07394. Respondent conducted work that resulted in owner having to hire an electrician to resolve the equipment failure, which caused monetary harm to the customer. Also, Respondent allowed raw sewage to spill from the septic tank, creating a sanitary nuisance. 15. At the Boat Ramp address, Respondent was hired to replace a drainfield, and electrically connect the septic tank to the drainfield via a dosing tank. The connection was done improperly, causing the system to fail repeatedly for a month, leaving the homeowner without a working septic system. Respondent never properly repaired the connection, causing the owner to hire an electrician to correct the bad work. 16. In addition, during the repair, Respondent “stomped” on a pipe connection to allow raw sewage to flow into drainage ditches. The homeowner reported this to the health department immediately. Respondent was ordered to pour bleach over the area, which he never did, causing the homeowner to buy bleach and correct the problem herself. ‘ 17. In yet another instance, after the Edison property complaint, the Respondent again violated the Code by leaving contaminated spoil material at 1900 SW Beligrave Terrace in Stuart. 18. Respondent again did the same thing at 756 SW All American Blyd., Palm City. , : 19." Respondent’s acts in paragraphs 14-18 constitute creation’ of a sanitary nuisance defined in Section 386.041, F.8 First violation, letter of warning or fine up to $500; repeat violation, 90 day suspension or revocation. The Department hereby seeks revocation. 20. The Respondent has had disciplinary action taken against him in the past. On June 9, 2005 the Department issued a citation to the Respondent that imposed a One Thousand Dollar ($1,000.00) fine for installation of an onsite sewage system drainfield at an elevation lower than minimum height permitted. NOV 43-08A-05. Page 4 of 7 SB 3vd CHO NILYVW 296b-T2g-EL2 45:88 S@QZ/EZ/TIT 21, On June 9, 2005 the Department issued another citation ta the Respondent that imposed a Five Hundred Dollar ($500.00) fine for installation of an onsite sewage system drainfield in violation of required property line and driveway setback. NOV 43- O8B-05. 22. On June 9, 2005 the Department issued another citation to the Respondent that imposed a One Thousand Dollar ($1000) fine for not showing a drainage ditch on the rear property line near the septic system. NOV 43-08C-05 Gross negligence. 23. On June 9, 2005 the Department issued another citation to the Respondent that imposed a One Thousand Dollar ($1000) fine for submitting an application that indicated the septic tank as being structurally sound without having the tank pumped. NOV 43-08D-05 Gross negligence, 24, On June 9, 2005 the Department issued another citation to the Respondent that imposed a One Thousand Dollar ($1000) fine for submitting an application that indicated soil borings were done but a site visit revealed no actual borings were done. NOV 43-08E-05 Gross negligence. 25, The Respondent paid only $1000 of the $4500 total due in fines, Respondent had signed an agreement to pay $1000 each month beginning August 14% until the $4500 was paid. 26. Accordingly, the above stated paragraphs 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 SR0911036, Page 5 of 7 36: fs aovd HO NILaVW 296%-Téd-ait 25°88 G@@Z/EC/TT the Respondent's annual operating permit authorizing the seepage disposal service, permit number 43-QF-00383, and revocation of certificate of authorization of Drainrite Inc. SA 0031135. : Done this if day of ¢ Ved ‘een 2 2005. DONNA. L. KORORA Florida Bar #0981930 Chief Legal Counsel Martin County Health Department 3441 SE Willoughby Blvd. Stuart, Florida 334994 (772) 221-4090 CERTIFICATE OF SERVICE I hereby certify that the true and original Administrative Complaint herein was furnished via i ae Service to Respondent Chris Leosis this sf day of om 2005, : I Qorene x. Koren Donna L. Korora NOTICE OF RIGHTS TO APPEAL A party whose substantial interest is affected by this order may 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 Pape 6 of 7 28 3dvd CHO NILHYW 296b-T2d-ad2 25:88 S@GZ/EC/TT 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 2] 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 nGtice must be filed within 30 days of rendition of the final order, ‘ Page 7 of 7 84 sdVvd GHO NILYVW £96p-Téd-Z2d 25:88 GQBE/EZ/TT RETURN OF SERVICE State of Florida County of Case Number; Petitioner; DEPARTMENT OF HEALTH vs, Respondent: CHRIS LEOSIS For: Donna Korora MARTIN COUNTY HEALTH DEPARTMENT 620 South Dixie Hwy. Stuart, FL 34994 Court Received by BAKER STREET PROCESS SERVICE on the 1st day of November, 2005 at 10:14 am to be served on CHRISTOPHER W. LEOSIS, 257 SW DALTON CIRCLE, PORT SAINT LUCIE, FL 34953, |, Jesse Diaz/05-04, do hereby affirm that on the 2nd day of November, 2005 at 10:40 am, I: individually Served the within named person with a true copy of this ADMINISTRATIVE COMPLAINT with the date and hour endorsed thereon by me, pursuant to State Statutes, Description of Person Served: Age: 30, Sex: M, Race/Skin Calor: White, Height: 6't", Weight! 270, Hair Blonde, Glasses: N \ certify that | am over the age of 18, have no Interest in the above action, and am a Certified Process Server, in good standing, in the Judicial circuit in which the process was served, BAKER STREET PROCESS SERVICE 51 S.E. Kindred St. Stuart, FL 34994 (772) 283-8193 Our Job Serial Number; 2005002420 Copyright © 1892-2005 Datebuse Servicas, Inc. - Procasy Server's Toolbox V5.5] 68 35d (HO NILYOW £96b-Tad-d22 25:86 S@BG/EZ/TT

Docket for Case No: 06-000126PL