2020/07/14 10:03:25 2 /40 STATE OF FLORIDA 2028 JUL Th AM IO: 8 DEPARTMENT OF HEAL’ DEPARTMENT OF HEALTH, Petitioner, vs. DOH Case No.: 2020-0243 DANNY PHILBECK and JEREMY’S SEPTIC SERVICE, LLC Respondent. i 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 and Chapter 489, Part III, Florida Statutes and Florida Administrative Code Chapter 64E-6. This action is authorized pursuant to Sections 381.0061, 381.0065 and 489.556, Florida Statutes, and Florida Administrative Code Rule 64E-6.022 governing disciplinary actions against registered septic tank contractors. Parties and Jurisdiction 1 The Petitioner, State of Florida, Department of Health (hereinafter referred to as “Department”), is the administrative agency of the State of Florida charged with the duty to enforce the provisions of Chapter 381 and Chapter 489, Part III, Florida Statutes and the applicable rules contained in Florida Administrative Code Chapter 64E-6,. 2. The Respondent, Danny Philbeck, is a registered septic tank contractor, Registration Number SR0031440, He is authorized to provide septic tank contracting services through the limited liability company Jeremy’s Septic Service, LLC (“Jeremy’s”) Authorization Number SA019245. 2020/07/14 10:03:25 3 740 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 Palm Beach and Martin Counties. Respondent’s Disciplinary History 4. The Respondent has had previous disciplinary action taken against him. The Department issued a Letter of Warning to Respondent, Danny Philbeck, on July 16, 2009 for falsifying information on an existing system repair evaluation submitted with a permit application conceming the size of the existing drain field violating Florida Administrative Code Rule 64E- 6.015. Respondent was also cited for gross negligence, incompetence, or misconduct which caused no monetary or physical harm to any person pursuant to Florida Administrative Code Rule 64E- 6.022. See the Final Order dated February 23, 2010 adopting the official Letter of Warming attached and incorporated herein as Attachment “A”. In addition, the Department issued an Administrative Complaint to Mr. Philbeck operating as Jeremy’s Septic Service, LLC. on February 12, 2020, for conducting an unauthorized voluntary inspection of a septic system. Mr. Danny Philbeck’s business partner, Jeremy Philbeck, conducted a voluntary inspection on September 17, 2019, prior to receiving authorization to operate (The Department issued the authorization for Jeremy’s Septic services, LLC on September 23, 2019) in violation of. Florida Administrative Code Rule 64E-6.022(1)(a). Moreover, Jeremy Philbeck, who performed the inspection, was not authorized to conduct a voluntary inspection of a septic system since he was not a master septic tank contractor, a registered septic tank contractor, a state licensed plumber or a person certified under Section 381.0101, Florida Statutes in violation of Florida 2020/07/14 10:03:25 4 j40 Administrative Code Rule 64E-6.001(5). See the Final Order dated March 24, 2020 attached and incorporated herein as Attachment “B”. Accordingly, the violations described herein are “repeat violations” in determining the range of disciplinary action stated in the Disciplinary Guidelines set forth in Florida Administrative Code Rule 64E-6.022, Florida Administrative Code Rule 64E-6.022(3) 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 teceived 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. Factual Allegations 5. On February 7, 2020, the Department received a complaint from a resident about sewage on the ground outside a home located at 4760 Pineaire Lane, West Palm Beach, FL 33417, (“the property”) resulting from a newly repaired onsite sewage treatment and disposal system (“OSTDS”) that was not operating properly, The complainant stated that the repair work was performed by Jeremy’s Septic Services, LLC. pursuant to repair permit (AP 1456503), See Florida Department of Health Palm Beach County complaint investigation record number 50-99-290089, attached and incorporated herein as Attachment “C?, 6. Department Environmental Supervisor, Leon Barnes, conducted an investigatory conversation with Jeremy Philbeck on February 10, 2020. During this conversation Mr. Philbeck informed Mr. Barnes that he had told the property manager of the residence that the system would need a pump system installed, but that the property manager did not want to pay for the system. 2020/07/14 10:03:25 5 /40 Mr. Philbeck informed Mr. Bares that he agreed to install the system without a pump to see if it would work, despite his stated concerns. 7. On February 11, 2020, Mr. Barnes visited the property and found that the OSTDS’ drainfield was moist and holding water. See collection of photographs taken by Department Employees Louis Philor and Leon Barnes titled Jeremy’s Septic Services 4760 Pineaire LN, West Palm Beach, FL attached and incorporated herein as Attachment “D”. In addition, Mr. Barns found spoil material in the drainfield indicating that it had not been properly removed during instillation. Water leaking from a neighboring property prevented Mr. Barnes from completing his investigation of the complaint. On February 11, 2020, Mr. Barnes contacted Mr. Jeremy Philbeck for an investigatory conversation and again Mr. Philbeck stated that he had told the property manager that the system would need a pump because of the water table, and that he agreed to install the system without a pump despite his concerns. 8. The water from the neighboring property ceased flowing on to the property at issue. On February 17, 2020 the Department contacted Mr. Jeremy Philbeck via telephone and invited him to be present at the Department’s planned follow-up investigatory visit on February 19, 2020, During this conversation Mr. Philbeck again asserted that he had to install the system iow because the owner was unwilling to pay for a pump. Moreover, he said he knew the system was too low and that it would not work. Ultimately, Mr. Philbeck agreed that he would be at the property on February 19, 2020. 9. On September 19, 2020, Department employees Mr. Pal Singh Bahga, Mr. Louis Philor, and Mr. Bames conducted another inspection of the property. In addition to the Department’s inspectors, Jeremy Philbeck and the property manager were in attendance. The Department’s inspectors observed the Estimated Seasonal High-Water Table for the property at 13 2020/07/14 10:03:25 6 /40 inches and 14 inches below existing grade, and that the bottom of the repaired drainfield of the OSTDS was at 28 inches below existing grade. Moreover, Florida Administrative Code Rule 64E- 6.015(6) requires that the drainfield for this system, originally installed prior to 1972, be 6 inches above the Seasonal High-Water Table. However, the Department’s inspectors observed the bottom of the drainfield below the Seasonal High-Water Table. In addition, spoil material had not been properly removed from the drainfield absorption area. Based on the observed conditions the Department’s inspectors determined that the OSTDS could not operate properly as installed and informed the property manager that the OSTDS needed to be raised immediately. Vielations of Law 10. The Department re-alleges and re-avers the allegations contained in paragraphs 1- 9 and incorporates them herein, as though fully set forth. 11. The Respondent’s acts and practices as described above violate Florida Administrative Code Rule 64E-6,015(6)(2) which requires that “System repairs shall comply with minimum setbacks and separations as specified in Rule 64E-6.005, F.A.C. If current required setbacks and separations cannot be met, lesser setbacks as specified in Table V shall be maintained.” Specifically, Florida Administrative Code Rule 64E-6.015(6) — Table V requires that repairs to systems originally installed prior to January 1, 1972, must maintain a 6 (six) inch separation between the bottom of the Drain Field Absorption Surface and the Wet Season Water table. 12. This violation subjects Respondent, Danny Philbeck, to the discipline mandated in Florida Administrative Code Rule 64E-6.022(1)(p), which is revocation for a repeat violation. 2020/07/14 10:03:25 7 /40 13. This violation also subjects Danny Philbeck and Jeremy’s Sceptic Service LLC, to have their septage collection and hauling and discharge services operating permit number 50-QW- 2023822 revoked pursuant to Florida Administrative Code Rule 64E-6.010(3). 14. The Department hereby imposes revocation of the Respondent’s, Danny Philbeck’s Septic Contractor’s Registration (Registration Number $R0031440) for these violations and revokes the Respondents’, Danny Philbeck and Jeremy’s Sceptic Service LLC., septage collection and hauling and discharge services operating permit number 50-QW-2023822 for these violations. 15. The acts and practices described herein constitute an act of gross negligence, incompetence or misconduct which caused monetary harm to a customer or others and subjects Respondent, Danny Philbeck and Jeremy's Septic Services LLC, to the discipline mandated by Florida Administrative Code Rule 64E-6.022(1)€}(2), which is a fine of $500 and revocation for a repeat violation. 16. This violation also subjects the Respondents, Danny Philbeck and Jeremy’s Sceptic Service LLC, to have their septage collection and hauling and discharge services operating permit number 50-QW-2023822 revoked pursuant to Florida Administrative Code Rule 64E-6.010(3). 17. The Department hereby imposes an administrative fine in the amount of $500 and revocation of the Respondent’s, Danny Philbeck’s Septic Contractor’s Registration (Registration Number SRO031440) for these violations and revokes the Respondents’, Danny Philbeck and Jeremy’s Sceptic Service LLC., septage collection and hauling and discharge services operating permit number 50-QW-2023822 for these violations. 18. Lastly, the Respondents’ acts and practices described herein violate Chapter 386 Part 1, Florida Statutes for creating a sanitary nuisance and exposing human and animal life to sewage endangering the public’s health and safety. 2020/07/14 10:08:25 8 /40 19. This violation subjects the Respondent, Danny Philbeck and Jeremy’s Sceptic Service LLC., to the discipline mandated in Florida Administrative Rule 64E-6.022(1)(q), which is revocation for a repeat Violation.. This violation also subjects the Respondents, Danny Philbeck and Jeremy's Sceptic Service LLC, to have their sepiage collection and. hauling and discharge services operating permit number 50-QW-2023822 revoked pursuant to Florida Adminisirative Code Rule 648-6.010(3). 20. The Department hereby imposes revocation of the Respondent's, Danny Philbeck's Septic Contractor’s Registration (Registration Number SR0031440) for these violations and revokes the Respondents’, Danny Philbeck and Jeremy’s Sceptic Service LLC., septage collection and hauling and discharge services operating permit number $0-QW-2023822 fir these violations. Request for Relief Wherefore, the Department hereby imposes revocation of the Respondent’s, Danny Philbeck, Septic Coniracior’s Registration Registration Namber SR0031440, d/b/a Jeremy's Septic Service, LLC Authorization Number SA019245, and an admiinistrative fine in the total amount of Five-Hundred Dollars and Zero Cents ($500.00). Done this 16th day of June 2020, by the State of Florida Department of Health, Palm Beach County. " STATE OF FLORIDA DEPARTMENT OF HEALTH . Andrew Simler Senior Atfomey Florida Bar #107079 Florida Department of Health Palm Beach County ‘ 2020/07/14 10:03:25 9 {40 800 Clematis Street, Room 545 West Palm Beach, FL 33401 561-671-4006 telephone 861-837-5195 fax Andrew.Simler@fihealth.gov CERTIFICATE OF SERVICE I HEREBY CERTIFY that the true and original Administrative Complaint herein was furnished via UPS Tracking No, 1Z 182 H3E 22 1000 758 2, to Respondent, Danny Philbeck, Wb/a/ Jeremy’s Seplic Service, LLC, at 4675 Georgia Pines Drive, West Palin Beach, Florida 33415 on this 16th day of June, 2020.0 SP of ‘A L Leas Andrew G. Simler NOTICE GF 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 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 io. submit petition for hearing within 21 days from receipt of this order will constitute 4 waiver of your right to an administrative hearing, and this order shall become 2 "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 capy of a Notice of Appeal with the Ageney Clerk of the Department of Health and a second copy, aceompanied by the filing fees required by law, with the Court of Appeal in the appropriate District Court. The notice nyust be Gled within 30 days of rendition of the final order. 2020/07/14 10:03:25 10 /40 ‘220; SAI 7 AG pe rer ‘ew! ow VER STATE OF FLORIDA aco RIMTY OF HEALT® of Wealth OFFICE OF THE CLERS Bavesu of Onsite Sewage Erogrens, Rendition no, Betitioner, Registzation Authorization no.: 8200311357 va, DOH cane ne. Denny R. Pailbeck dba PAIN ESBACH COONEY Damy's Septic Servies, Respondent. OE J ; PEGE OfneR A vecomenied order having been received, this matter Is. before Degartwent: of Health (lepartment} for consideration. ‘his proceeding weg initiated by the Resporndent’s letter dated August 17, 2009 requesting an adwnistrative hearing in respenee to the Balm Beach County feslch Department's “Letter of Warning” dated July 16, 2009. The Presiding Officer remmmeids disuises! of the renpest for an aduinigtrative hearing. The basia of the Yecomerdation is the Respandent’a falluve to resyord to rhe Eresididg Officer’s initial order and subsequent order to show cause, addittenslly it is nobed that no commmication has bean received from the Resporsient einde the issuance of the recemended order. I conclude that the Respondenit kas abandoned his reavest, for an administrative hearing. ‘the xeconmended order of January 4th, 2010 is adopted and incorporated by reference as exhibit a. the ” “patter of Warning’ is incoxporated by reference as exhibit B. Based on the foregoing, the “Letter of Warning” is approved, the request for an adwinistrative hearing is dismissed, and this procesding ic ehosed. nd DONS and ORDEMED this of 3 day of February 2010 in Tallahassee, Laon Coumty, Florida. 1 var a 2020/07/14 10:03:25 11 /40 posoeassh seas 8 IS ww! , we! Ficct Order, p. 2 af 2, DOH ener no: 2000-0079 sa oe Siloec SosDeany's Septic Benin na M, Vinmonte Roo, M.D. , M.P.H. State Surgeon General, DISTRICT WHERE THE PARTY RESIDES OR THE FIRST DISTRICT COURT OF APPEAL. TRE NOTICE OP APPEAL MUST BS FILED WITHIN 30 DAYS GF THE FILING DATE OF THIS FINAL OSDER. furnished to each of the following: Telsule C. Morgan, Esquire Dale Holeun, Acting Bureau Chief Palm Beach County Health Department Department of Health $00 Clematis Street Onsite Sewage fest: Palm Beach, Florida 33401 4052 Bald Cypress Way, bin A-08 Mancy Snurkowski, Presiding Officer Danny Philbeck Depart of Health Danny's Septic Service 4052 Bald Cypress Way, bin A-02 + 4704 Dolphin Orive Tallahassee, Florida 32399-1703 Lake Worth, Florida 33463 FaLR CERSIETCATE OF SERVICE I certify thst a copy of ths foregoing FINAL ORDER has been served hy ordinary mii via the United States Postal Service, inter-office mil, persons this Phone: (850) 245-4008 2020/07/14 10:03:25 12 /40 ReIOjoT he LE AR ae iol oe STATEOFHLORDA prone SF ieeiry DRPARTMENT OF BEALTS mr ce EG JBN PH 2S SNNY'S SEPTICSERVE DARNY'SSEE Paiitioney, OFFICE OF THE CLERK We . DOR Case Nes 2809-0079 DEPARTMENT OF HEALTH, Respondent;~ wd E COMMENDED. : TRIS CAUSE comes belece-me ax the dulp appolited Presiding Oifeer for thls gike to conduct’ an informal proceuding purtuant to sections 120.569 and 120.5702}, Blovids Gratules, The pacties, fhe Petitivser, Danny's Supfle Service, and dhe Responds, the Departeions of Hoalilh, were served wt initial Order on Octaber 6, 2069, Both, the Reapomient, and the Petitioner, failed to respond. On Ocober 14, 2008, a Motion 1 Close Adminiswaive File waa Bled by the Respondeat for faBere by the Petition to timely rigquest dx elninictrative hearing. “The Predding Office Bled ae Order ie Show Conse on November 23, 2009 advising bute parties w seopoad bo dis order by Beoumher 23, 2008, Both parties we advised that fallare to respond or the Order to Show Cause would result In the disnhiseal ofthe Administrative Heoring. Dae to the parties’ falture to recy io ths Onder io Show Cause, os dleested by the uixlemigaed this cause of action is diumiseed without jedymont on the merits, Consequently, tha sefons taken by the Deparensnt of Honlth ove affirrned, deen i irean cts tnananet aeteeenaitreseenastt 2020/07/14 10:03:25 13 /40 aromeniisxnie 15 78 ‘wot \ee/ DONE AND ORDERED in Tallshassee, Leon Comty, Florids this 4* day of January, 2010. : A, La be] ORRIp 2020/07/14 10:03:25 14 /40 Amn NOE OH IS Ranmy’s Santis Saving <- sovibitiong $2 oem muslin OCPAR TENT AF eat ‘ey 298 MBS IS AB a: laid Gertiies beak Grae 2880 00es Hg NE COIS a Rag fete . : ‘Sateen Heeeine Reeprestedt OFFice io FHE th ERE “Paes Sevice- . A708 Dest ‘fake Worth, £5 33563 : fist Lettor st Warsiny Pes My Pitter: ye bes este et et ene fete te Clo doury 3 108, Bich Clana Revived anions bie wth he Bes of Oia Sea Prague Reeandet a Coinploiee Neder to phaisan Desarabion, Bras eae eae, eects aca Sas corel egglleatis etoenng dye star yfthe eckcion tebe The PRORT Dendeeted av mewcemmat of ‘thee ared fe qpentsin pod sefeenton?. sy catalan pd pied bokeh aie ae Elie sorte token woe Pres om aft sy eb Ge IBA ost aot eben piece malig af dnnlefelll goo evita the les el dissageded Se physbe? Be cnc gre tates 2 rope serene ag Dale See ‘Teesonem, ant aot Dhpoist Syne sonaknes ¢ vinden of mds ESOS anf SRROT, Bladde Adniiniscstivs Cale AES Ua Us rds AOS “Aono el eat anon 2020/07/14 10:03:25 15 /40 BerepeR A Naas 12 AS Aug 18.00 0821p Dannfs Sepic Sons : oer Am nels eis cxder vay pation for ex adaickstecdee ‘ minnabstceindgotopentinten son Dolpa feat Spat ea + pbs domoepechinche teeter aie Boag Cee carne Bi, ERE Ap, Tass, LRSS-T7, Te Agrog Gat ebetadie mabe SID 50 rte watptnwictae, Yourferets subentt for heating whhigns daysfien edisanter aD sees vmanreiparigamen edzainietratine Reming, rend ool borane w . Petia nora Naas perce trent anton Recomsesty te Semi eeerniee tee 2020/07/14 10:03:25 16 /40 DEPARTMENT OF HEALTH 2620 HAR 25 PH [2:05 Whi? ot The CLEA STATE OF FLORIDA oa vs. Rendition No. DOB-26-0487-FOL-HST DOH Case No. 2020-0032 . ZINAL ORDER ‘THIS MATTER is before the Department of Health for consideration of entry of a Final Order. Petitioner filed Administrative Complaint No. 2020-0032. The Department cited Respondent with two violations of Chapter 648, Floride Administrative Code (“F.A.C.”), The Respondent received the Complaint on February 12, 2020, and the Notice of Rights advised Respondent how to contest the matter ifhe chose to do so. The Department has complied with all requirements of the Jaw. By failing to file a request for an Administrative Hearing within twenty-one (21) days of receipt of the Administrative Complaint on February 12, 2020, the Respondent has waived his right to request an Administrative ‘The facts and conclusions of law set forth in the Administrative Complaint are hereby established and incorporated herein. Pursuant to Rules 642-6.0221(1Xa), F.A.C. and 64E- 6.001(5), F.A.C. Respandent shall pay the Department a fine of five hundred dollars for each of : “pe 2020/07/14 10:03:25 17 /40 the two violations for a total of one-thousand dollars ($1,000.00), and this discipline will be considered prior discipline in subsequent vielations by this septic tank contractor. This matter is closed. DONE ard ORDERED this 2 soy ct March, 262, in Telebassce, Florida, 32399. NOTICE OF RIGHT TO JUDICIAL REVIEW APARTY ADVERSELY AFFECTED BY THIS 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 A NOTICE OF APPEAL WITH THE CLERK OF THE DEPARMENT OF HEALTH AND A COPY ACCOMPANIED BY THE FILING FEE 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 FILING OF THIS FINAL ORDER. ! Copies furnished to each of the following: Cathy Linton, Esquire Danny Philbeck d/b/a Jeremy's Septic Service, LLC Chief Legal Counsel 4675 Georgia Pines Drive Florida Department of Health West Palm Beach, Florida 33415 800 Clematis Street, Run. 5-551 West Palm Beach, Florida 33401 Florida Department of Health Environmental Health- Via Email: 2020/07/14 10:03:25 18 /40 CERTIFICATE OF SERVICE I HEREBY CERTFY that a copy of the foregoing Final Order has been sent by Zatey U.S. Mail, hand delivery or email to each of the above-named persons this of March, 2020. Facsimile: (850) 413-8743 2020/07/14 10:03:25 19 /40 meenpas/i7 lensso 62 2 DED OF BEA OQOOHAR 17 AMI: 16 ARTMENT OF BEALTH DEPARTMENT OF HEALTH, SPVBE EP THE SLERG : Petitioner, hid DOH Case No.: 2020-0032 COMES NOW the Stete of Florida, Department of Health, (“Department”) by and through its undersigned attorney and files this Motion for Final Order by Default, and as grounds therefore ‘would state: L The original Administrative Complaint, which is incorporated herein by reference, wes delivered to the Respondent an February 12, 2020, via UPS Tracking Number UZIRZESEZ2IOOO747S. See Adminitrative Complnist and UPS Reset stached end incorporated herein as Attachment “A’ 2. The Adniasbtve Compan alleged the Respondent vied Ral 648 6.022(1}(), Flovids Administrative Code (“P.A.C.") by conducting an inspection prior to receiving authorization from the Department for the Company to operate, 3. Danny Philbeck is the licensed septic tank contractor in the Company, Jeremy Philbeck conducted a voluntuy inspection on Septentber 17, 2019. 4 Even if the Company was authorized to aperate, only Danny Philbeck can conduct a voluntary inepection.. Jeremy Philbeck conducted the inspection in violation of Rule 64E-6,001 (5), F.A.C, 5. The Departeny assessed a vended (00.00) Sie fir each of he tp violations for a total fine of one-thousand dollars ($1,090.00). 6. Pogo of he Complaint (Atashment A) provides Respondent witha Noes of Rights and provides Respondent with 21 days from the date of receipt of the Complaint to request @ hearing to contest the violations, 7 The2l days expired on March 4, 2020 and Respondent has not requested a hearing. 2020/07/14 10:03:25 20 140 cn A ELIOT OA a saan i re i { i WHEREFORE, the Petitioner prays for the entiy of a Final Onder by Deflak against Dated this_/F __ day of March, 2020. STATE OF PLORIDA DEPARTMENT OF HEALTH aie: Florida Bar No. 0717908 Chief Legat CERTIFICATE OF SERVICE THEREBY CERTIFY that a true end conest copy of the foregoing Motion for Final Onder by Definill was fumished to Denny Phifbeck d/b/a Jeremy's Septic Service, LLC, at 4675 St Paes Drive, West Palo Beach, Florida 33415 sont via US mall this /37_ tay of March, 2020/07/14 10:03:25 21 /40 EHD Complaint #: $0-99-280089 Florida Department of Health Date: 2/7/2020 Time: 00am in Palm Beach County Taken by: Ataf Sheikh COMPLAINT INVESTIGATION RECORD Report Method: _ Walk-in LOCATION OF REPORTED PROBLEM: ‘Facility Permit # Complaint Log #: _APY456503 FYR SFR BORROWER LLC Property 1D: 00-42-43-25-10.-002-0219 SHAME GF BUSINESS OR PERSON AT COMPLAINT LOCATION | Secon: (Gate i, att} 4766 Pineaire Lane West Pal aa4i7 | STREET # OR LOCATION DESCRIPTION cay See BP COMPLAINANT: Name: LoriWidnam hone: ne: (561) 706-0687 ext Address: 4760 Pinealre Lane ‘Steet City Swe P BrrnifAcease OWNER/AGENT INFORMATION: Name: FYR SFR BORROWER LLC Address: 8400 Tamarind Reef Christlansied VI 00820 phone: ext ‘Sreat Oi Sas 2 OCCUPANT: Name: Blank Phone: ext COMPLAINT DESCRIPTION: , é the. #3 Dal is not working, Jers o Senvite was hited too the wark and system for a repair pe (AP I456503} fainant wants to. how the } PROGRAM: 81 Gnsite Sewage Treatment & Disposal COMPLAINT ISSUE: Sewage enh NDINGS a ACTIONS TAKEN 7 Reosived conmaitand c Sine into oe Printed PAPA records and Sunbiz. Forwarded to Louis Phitor, Yalked with Jeremy (Jeremy Septic CO.) who said he told the property Mgr. that the system would need @ pump system installed but said she did not want to install a pump. system and did not want to pay for a pump system. HE told the properly MGR. that he would install without a pump system fo see if it would work but think a pump system is needed. 24 1/2020 Made visit to property with Poo Man septic Company and the tenant. Four holes were dug in and around the drainfield. The drainfield is moist and holding water, | could only dig about 12 inched inte parts of the drainfiafd. 1 cauid not tell if spoil material was used in the drainfielé because of water in the drainfield, | Found one section of the drainfield whare spoil material was in the drairifield and had not been removed from the drainfield. { did notice a water leak from the neighbors property that was draining io this property at the south property line. Told septic contractor I would discusg with my supervisor. Phoned Ms. Loretta, Widman and explained my visit fo property and that we. would contact her later after situation a discussion. Contacted Jeremy Philbeck (Insialier) ie informed me that he told the agent that the system would heed a pump system because of the water table, He sald agent told him She did not want a pump sya, Jeremy said he iold the agent that he would install stem without the pump systes Backyard Included the infield area was saturated wilh water. There were fwo sources of water, One appeazed fo be.a sprinider on site that was continuously discharging water onto the drainfield absorption area, We observed water coming from the neighbor ground Qwatediine) onto the property. This water created a fake/canal like situation along the sath and southwest side of the property next fo and ‘on the drainfield area, We (the cE unable to Sontacted Ms. Loretta: Wiaman and informed hor about our findings and the necessary ‘Steps to abate the sanitary nuisance at 4760 Pineaire. We informed her that both sources au- 2020/07/14 10:03:25 22 740 EHD Compiaint# _50-89-290089_ Florida Department of Health Date: 2/7/2020 Time: 8:00am in Patm Beach County Taken by: Afaf Shelkh Hi COMPLAINT INVESTIGATION RECORD Report Method: Walk-in Assignedto; Philo LOCATION OF REPORTED PROBLEM: Facility Parnit & Complaint Log #: _API486503__ FYRSFRBORROWERLEG ___--» Property 10: 00-42-43-26-10-009-0210 AE OF BUSINESS OR PERSON AT COMPLAINT LOCATION loeecions (Gena sc} — 4760 Pineaire Lane Palm Beach Fl, 33417, | i STREET # OR LOCATION DESCRIPTION oy State 2 _ Phone: (861) 706-0687 ext COMPLAINANT: Name: Address: ae inegire Lai Gy Suite ZF Emad Auddness OWNERIAGENT INFORMATION: Name: FYR SFR BORROWER LLC Address: 8400 Tamarind Reef Christiansted Vi 00820 phone: ext: ‘Svest hy Sute ZF OCCUPANT: Name: Blank Phone, ext COMPLAINT DESCRIPTION: onthe grong. A repaired is. not working, suerel Sesvice wes hired to-do the work and system for 3 repair permit {AP 1456503), Complainant wants fo imaw how fie ste PROGRAM: 81 Onsite Sewage Treatment & Disposal COMPLAINT ISSUE: Sewage FINDINGS & ACTIONS TAKEN of water that saissed eotaion ofthe dainfetd area be stonped, *apptcation Tor a septic system application must be received within 24 hours, The depariment and all parties {septic tank contractors) Involved must be present at the beginning of the removal of the ‘current sepfic. We also told her noficas fo correct violation will be issued to her and the falghibor for maintaining, causing or creating condifioris capable of transmitting diseases ae Contacied Ms. Loretta Widman at the request of Louls Philor (supervisor ) and told her that the septic system area needed to be sanitized (lime, bleached ETC. ) so that another inspection of the area could be done and that this. should be done-ASAP. | S | Contacted Jeremy Philbeck from Jeremy's Septic Services to informed him that we would like him to be present during our complaint Investigation at 4760 Pinsaire Ln, WPB on 2/19/2020. | informed him about the nature of the complaint. He sald that be had fo install the system low because the owner was unwilling te pay for a pump. He sald he knew the system was tno low and would net work. He fold me he woutd be there. We (Pal, Leon, and Louis) arrived at 4760 Pineaire Ln. and met with Jeremy Philbeck (and alady he presenied as his wifs} and Loretta Widmian, We started Jooking around the drainfield and Jeremy told us that he had no choice bul {o Install the system deep. We asked him if he realized that the bottom of the drainfieli may have beeen below the SHWT. He said he knew i, out the owner mefused fo pay fora ‘pump’. Also, spol niateriais (rocks) were found within 6 inches of the edge of the new drainfield on the west and south sides. The estimated seasonal high water table ESHWT was observed at 13 Inches end 14 inches below existing grada, The bottom of the newly Installed drainfield was 28 inches Below existing grare, The drainfleld product installed was PTI (9 pipes - 2 Her), Told Ms. Widman that the septic system was installed in the SHWT and needed to be raised iramediately. { informed Mr. Philoeck that enforcement action will be initigted against Jeremy's Septic Services because he knowhigly installed a septic system in the SHIT and did not rersove the for 2124220 5 G Areal Pmt was sie ial ane ral wih pure yo 2020/07/14 10:03:25 23 /40 EHD Complaint#: _$6-99-250089 Florida Department of Health Date: 2/7/2020 Time: 8:00am _ it Palm Beach County Taken by: Afat Sheikh SOMPLAINT INVESTIGATION RECORD Report Method: Walkin Assigned to: Philor.X eer LOCATION OF REPORTED PROBLEM: Facility Permit #: Compiaint Log#: AP1455503_ FYRSFR BORROWER eee Property 10; 00-42-45-28-10-002-0219 ‘NAME OF BUSINESS OR PERSON AT COMPLAIN LOCATION : — Directions: {Gait inis. vlc, 4760 Pineaire Lane West Pain Bea 1z cannes) | ‘STREET # OR LOCATION DESCRIPTION Site IP 1ayeansrnamnanannninwnninnnmanannaraatinaanaiinnindonninnnt COMPLAINANT: Namie: Lori Widnam Phone: (561) 706-0687 exe Adgress: 4780 Pineaire Lane _______Wesi Palm Beach EL 33417 Svect Sete ZF Emad Aatress: OWNERIAGENT INFORMATION: Name: FYR SFR BORROWER ic. Address: 5400 Tamarind Reef Christlansted Vi 00820 phone: ext, Sheet hy Siete. iP OCCUPANT: Name: Blank Prone: ext PROGRAM: 61 Onsite Sawage Treatment & Bisposat COMPLAINT ISSUE: Sewage ; FINDINGS 3 ACTIONS TAKEN First Date investigated: 02/41/2020 pate Completed: Legal Notice: Yes Complainant Notified: Status: Pending Daystolnv:_ 2 Days lo Complete:__|_46 . Actions: _17 a Photos Taken: 2020/07/14 10:08:25 24 /40 souseg Ud) Q JO[IUd sino} Aq uayeL SyudesZo}OUd 14‘ yoeag Wye SAM ‘NT B1eaUld O9L7 S9DIAJAS 219d aS S,AWaJeL 25 2020/07/14 10:08:25 OcOe/et/z pajljulesiq do} uo 3ulpuod ademas me 26 /40 2020/07}14 10:03:25 read cane pjayureup Jo do} uo adid sajem ysel4 uayoug 27 740 2020/07/14 10:03:25 octet. J eA S, Joqysia N uo adid uayoig e woods Sulwio2 Jalemy Sal 28 /40 2020/07/14 10:03:25 OZOE-ET- pe, SJOQUsION uo adid Uayoug e WOd BuUlWwO JojemUsal4 2020/07/14 10:03:25 29 140 ovorztz DILA S AJOQUSIAN UO adid uayoug e WOJ} Sulwo? 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Docket for Case No: 20-004208