v.
Apalachee Backhoe and Septic Tank, LLC., Respondent.
Petitioner, Florida Department of Health, Gadsden County Health Department, files this Administrative Complaint against Respondent, Mike Sundin, and in support thereof states as follows:
The Department of Health, an agency of the State of Florida, has jurisdiction of this matter pursuant to the provisions of Chapters 120,381, 386 and 489, Florida Statutes (F.S} The agency rules which govern this matter are Chapter 64E-6, Florida Administrative Code (F.A.C.), Standards for Onsite Sewage Treatment and Disposal Systems.
The Respondent, Mike Sundin, is a resident of the State of Florida and has been authorized by the Florida Department of Health to provide septic tank contracting services, through contractor registration number SM0041450.
Count I -Performing Work Without A Permit
On or about September 3, 2010, Respondent dug up and removed the septic tank on the_ real property located at 3795 Bainbridge Highway in Quincy, Gadsden County, Florida.
Prior to performing the work on September 3, 2010; Respondent failed to apply for or obtain a permit from the Gadsden County Health Department.
Under Florida law, a permit is required to remove or abandon any onsite sewage treatment disposal system.
The above facts, as alleged, are a violation of Rule 64E-6.011(2)(a), Florida Administrative Code, which requires a septic tank contractor to obtain a permit prior to abandoning an existing septic tank.
Respondent's failure to obtain a permit makes him subject to discipline pursuant to Rule 64E-6.022(1)(b)2., Florida Administrative Code.
Count II - Failure to Call for a Required Inspection
On or about September 3, 2010, Respondent dug up and removed the septic tank on the real property located at 3795 Bainbridge Highway in Quincy, Gadsden County, Florida.
Prior to performing the work on September 3, 20 0, Respondent failed to call the Gadsden County Health Department for the inspections, required by Florida law.
Under Florida law, septic tank abandonment must be inspected by the local county health department.
The above facts, as alleged, are a violation of Rule 64E-6.011(2)(e), Florida Administrative Code, which requires a septic tank contractor to call for a required inspection when abandoning an existing s ptic tank.
Respondent's failure to call for a required inspection makes him subject to discipline pursuant to Rule 64E-6.022(l)(d), Florida Administrative Code.
Count III - Making Misleading or Untrue Representations
On or about June 22, 2010, Respondent submitted a permit application for installation of a new septic tank on the real property located at 3795 Bainbridge Higb,way in Quincy, Gadsden County, Florida.
On the application submitted on June 22, 2010, Respondent failed to identify the septic tank, which was currently in the ground, on his site plan.
Prior to performing the work to remove the existing septic tank on September 3, 2010, Respondent failed to revise his site plan, which was submitted on June 22, 2010.
The above facts, as alleged, establish that Respondent made misleading or untrue representations to the Department through the submission of the site plan at issue, making him subject to discipline pursuant to Rule 64E-6.022(1)(k), Florida Administrative Code.
Count IV - Gross Negligence, Incompetence or Misconduct
On or about June 22, 2010, Respondent submitted a permit application for installation of a new septic tank on the real property located at 3795 Bainbridge Highway in Quincy, Gadsden County, Florida
On the application submitted on June 22, 2010, Respondent failed to identify the existing septic tank, which was already in the ground, on his site plan.
Prior to performing the work on September 3, 2010, Respondent failed to revise his site plan, which was submitted on June 22, 2010.
The above facts, as alleged, establish that Respondent engaged in gross negligence, incompete_nce, or misconduct through submission of the permit application at issue, making him subject to discipline pursuant to Rule 64E-6.022(1)0), Florida Administrative Code.
WHEREFORE, Petitioner respectfully requests the Department of Health to issue a Final Order as final agency action in this case:
finding that Respondent violated Rule 64E-6.011(2)(a), Florida Administrative Code, and is subject to appropriate discipline pursuant to Rule 64E-6.022(1)(b)2., Florida Administrative Code;
finding that Respondent violated Rule 64E-6.011(2)(e), Florida Administrative Code, and is subject to appropriate discipline pursuant to Rule 64E-6.022(1)(d), Florida Administrative Code;
finding that Respondent made misleading or untrue Representations to the Department and is subject to appropriate discipline pursuant to Rule 64E-6.022(1)(k), Florida Administrative Code;
finding that Respondent engaged in gross negligence, incompetence, or misconduct and is subject to appropriate discipline pursuant to Rule 64E-6.022(1)(1), Florida Administrative Code;
imposing an administrative fine against Respondent in the amount of five hundred dollars ($500.00) for each violation;
for any other relief deemed appropriate in this case. Dated this 5th day of January, 201L
I HEREBY CERTIFY that a true and correct copy oftheforegoing administrative complaint was sent by certified mail, return receipt requested, to Mike Sundin, cl/b/a Apalachee Backhoe and Septic Tank, LLC., P.O. Box 13028, Tallahassee, Florida 32317, on this 5th day of January, 2011.
