2016-29301 Reso RESOLUTION NO. 2016-29301
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO EIGHT (8) CONSENT ORDERS WITH THE
STATE OF FLORIDA DEPARTMENT OF HEALTH FOR NOTICED
PERMIT VIOLATIONS DATING BACK TO 2012, ASSOCIATED WITH
CITY WATER SYSTEMS BEING PLACED INTO SERVICE WITHOUT
THE STATE OF FLORIDA, DEPARTMENT OF HEALTH APPROVAL OR
STATE CLEARANCE IN VIOLATION OF 62-555.345, F.A.C., AND
403.121(3) (a), FLORIDA STATUTES; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE EIGHT (8) CONSENT ORDERS
ATTACHED HERETO AS EXHIBIT 1, FOR A TOTAL COST OF $31,500.
WHEREAS, the State of Florida Department of Health (DOH) under Chapter 62-
555.345(5), Florida Administrative Code, requires that "suppliers of water shall ensure that
permittees have obtained written clearance from the department before suppliers of water turn
on water to permittees;" and
WHEREAS, the City of Miami Beach as the water supplier for the City, is required to
sign off on all permits to the DOH to expand or enhance water services in the City to the
construction of new development projects that may increase water consumption; and
WHEREAS, it appears that between 2003 and 2012, several permit applications were
filed with the DOH, but were not closed out properly; and
WHEREAS, on July 6, 2012, the DOH issued a letter notice of violation to the City citing
five (5) projects which DOH records indicated expired permits and no written clearance of the
water system; and
WHEREAS, since that time, the City of Miami Beach Department of Public Works has
been working with the DOH to close out these open permits, and conduct all necessary testing;
and
WHEREAS, none of the subsequent testing identified any results that failed to meet
DOH standards; and
WHEREAS, although the permits are now closed, due to compliance, the DOH has
issued eight (8) Consent Orders to the City of Miami Beach for nine (9) violations of 62-555.345
F.A.C. and 403.121(3)(a); and
WHEREAS, each Consent Order acknowledges that DOH requested that the City
undertake certain actions to resolve the violations and that the prescribed actions have been
completed; and
WHEREAS, due to the nature of the violations, the City, as the water provider, remains
subject to civil penalties, as well as costs incurred by the DOH during the investigation of the
matter. DOH is seeking $3,000 in civil penalties and $500 in expenses for each violation (3,500
x 9 violations) for a total cost to the City of$31,500; and,
WHEREAS, by agreeing to the terms of the Orders, which include acknowledging and
waiving rights to appeal and paying the fines, the Consent Order will constitute a final order of
the DOH, unless a request for an administrative hearing is filed by a third party; and
WHEREAS, the DOH acknowledges that the City's acceptance of the offer does not
constitute an admission of liability for the violations; and
WHEREAS, the administration recommends approving the resolution and authorize the
City Manager to execute the attached eight (8) Consent Orders and to pay the total penalties
and costs of$31,500 to the Department of Health.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, authorizing the City Manager to enter into Eight
(8) Consent Orders with the State of Florida Department of Health for noticed permit violations
dating back to 2012, associated with City water systems being placed into service without the
State of Florida, Department of Health approval in violation of 62-555.345, F.A.C., and
403.121(3) (a), Florida Statutes; and authorizing the City Manager to execute the eight (8)
Consent Orders attached hereto as Exhibit 1, for a total cost of$31,500.
PASSED and ADOPTED this /0 day of February, 2016.
ATTEST: 1
/j / Philip Levi - :r �,
.j' ?\ /i
Ra ael E. Grand. Gill 11`• :•���
- ._.
OPP( ,ORATED: APPROVED AS TO
•
� ; FORM & LANGUAGE
_ ch &F EX UTION
iL '2 6.,,c,S ? g--, -c • '
City Attorney / Dote
F:\ATTO\BOUE\RESOS\INTERLOCAL RESOLUTION ON PRE-K WITH MDCSB.docx
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,Authorizing The City Manager To
Enter Into Eight(8)Consent Orders With The State Of Florida Department Of Health For Noticed Permit Violations Dating
Back To 2012,Associated With City Water Systems Being Placed Into Service Without The State Of Florida,Department Of
Health Approval Or State Clearance In Violation Of 62-555.345,F.A.C.,And 403.121(3)(A),Florida Statutes;And Authorizing
The City Manager To Execute The Eight(8) Consent Orders Attached Hereto As Exhibit 1, For A Total Cost Of$31,500.
Key Intended Outcome Supported:
I Build and maintain priority infrastructure with full accountability 1
Item Summary/Recommendation:
The State of Florida Department of Health (DOH) notified the City of Miami Beach on July 6, 2012 that records of several water
main extension projects may have been constructed or placed into operation without the required clearance from the Department.
Over the past 15 years the City has approved a number of development projects that Have been constructed.It is often necessary
to also install larger water mains and associated equipment due to the increased demand for water services. As a result, the
permittee for the project(s) has a professionally licensed engineer prepare and submit permit plans to the Department of Health
(DOH)to expand water services to the project area. As the City is the water supplier,the City is also required to sign the DOH
permit application along with the developer's licensed engineer(engineer of record).d
Prior to placing any component of the water system into service,whereby water is passed through the new water main or water
system for consumption, the water system must be pressure tested, flushed, and the water tested for bacteria on two (2)
consecutive days. The results from a certified laboratory are then submitted to the DOH for clearance to activate the component
proposed prior to the component being placed into service.
DOH has authority derived from the Florida Statues and through an Interagency Agreement between the State and the federal
government to implement the Florida Safe Drinking Water Act Program of January 1, 2010. Additionally, the DOH, through
Chapter 62-555.345(5), Florida Administrative Code, requires that"suppliers of water'shall ensure that permittees have obtained
written clearance from the department before suppliers of water turn on water to permittees."
On July 6,2012,the DOH issued a letter notice of violation to the City citing five(5)projects which DOH records indicated expired
permits and failure to test and obtain written clearance of the water system from DOIfI. It appears several of the expired permits
dating back to 2003 through 2010. Since that time,the City of Miami Beach Department of Public Works has been working with the
DOH to close out these open permits. During a complete review of all of the pending DOH applications, additional incomplete
permit files were discovered. Over 15 files were identified as questionable. In most Icases, all of the documentation was in the
possession of the engineer of record,but the permittee and engineer(s)failed to provide the testing information to the DOH prior to
the water components being placed into service. In a couple of cases the projects were never constructed. In other cases,the
records could not be located as the applicable engineer of record was no longer in business, and as a result, new testing was
performed to ensure compliance with DOH requirements. None of the subsequent testing identified any results that failed to meet
DOH standards.
Although the permits are now closed,and in compliance,the DOH has issued eight(8)Consent Orders to the City of Miami Beach
for nine(9)violations of 62-555.345 F.A.C.and 403.121(3)(a). Each Consent Order acknowledges that DOH requested that the
City undertake certain actions to resolve the violations and that the prescribed actions have been completed. However,due to the
nature of the violations,the City, as the water provider, remains subject to civil penalties, as well as costs incurred by the DOH
during the investigation of the matter. DOH is seeking$3,000 in civil penalties and$500 in expenses for each violation(3,500 x 9
violations)for a total cost to the City of$31,500. It is the intention of the Administration,to seek reimbursement from the applicable
permittee and/or engineer of record for each violation.
By agreeing to the terms of the Orders, which include acknowledging and waiving rights to appeal and paying the fines, the
Consent Order will constitute a final order of the DOH,unless a request for an administrative hearing is filed by a third party. The
DOH acknowledges that the City's acceptance of the offer does not constitute an admission of liability for the violations
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account ' Approved
Funds:
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Eric Carpenter, Public Works X6012
Sign-Offs:
Department • for Assistant s Manager City ser
JJF ETC r JLM A 1_
T:WGENDA\2016\February\Public Works\Consent Decree-summary.doc
® /V1 I A/V\I B EAC H Agenda Item R9 1K
Date Z-(D-(b
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMA ISSION MEMORANDUM
TO: Mayor Philip Levine and Members of th City Corn r.sion
FROM: Jimmy L. Morales, City Manager
■••.
DATE: February 10, 2016
SUBJECT: A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FL RIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO EIGHT (8) CONSENT ORDERS WITH THE
STATE OF FLORIDA DEPARTMENT OF HEALTH FOR NOTICED
PERMIT VIOLATIONS DATING BACK TO 2012, ASSOCIATED WITH
CITY WATER SYSTEMS BEING PLACED INTO SERVICE WITHOUT
THE STATE OF FLORIDA, DEPARTMENT OF HEALTH APPROVAL OR
STATE CLEARANCE IN VIOLATION OF 62-555.345, F.A.C., AND
403.121(3) (a), FLORIDA STATUTES; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE EIGHT (8) CONSENT ORDERS
ATTACHED HERETO AS EXHIBIT 1, FOR A TOTAL COST OF $31,500.
BACKGROUND
The State of Florida Department of Health (DOH) notified the City of Miami Beach on July 6,
2012 that records of several water main extension projects may have been constructed or
placed into operation without the required clearance from the Department.
ANALYSIS
Over the past 15 years the City has approved a number of development projects that have been
constructed. It is often necessary to also install larger water mains and associated equipment
due to the increased demand for water services. As a result, the permittee for the project(s) has
a professionally licensed engineer prepare and submit permit plans to the Department of Health
(DOH) to expand water services to the project area. As the City is the water supplier, the City is
also required to sign the DOH permit application along with the developer's licensed engineer
(engineer of record).
•
Prior to placing any component of the water system into service, whereby water is passed
through the new water main or water system for consumption, the water system must be
pressure tested, flushed, and the water tested for bacteria on two (2) consecutive days. The
results from a certified laboratory are then submitted to the DOH for clearance to activate the
component proposed prior to the component being placed into service.
DOH has authority derived from the Florida Statues and through an Interagency Agreement
between the State and the federal government to implement the Florida Safe Drinking Water Act
Program of January 1, 2010. Additionally, the DOH, through Chapter 62-555.345(5), Florida
Administrative Code, requires that "suppliers of water shall ensure that permittees have
Commission Memorandum-Consent Decree.
February 10, 2016
Page 2 of 2
obtained written clearance from the department before suppliers of water turn on water to
permittees."
On July 6, 2012, the DOH issued a letter notice of violation to the City citing five (5) projects
which DOH records indicated expired permits and failure to test and obtain written clearance of
the water system from DOH. It appears several of the expired permits dating back to 2003
through 2010. Since that time, the City of Miami Beach Department of Public Works has been
working with the DOH to close out these open permits. During a complete review of all of the
pending DOH applications, additional incomplete permit files were discovered. Over 15 files
were identified as questionable. In most cases, all of the documentation was in the possession
of the engineer of record, but the permittee and engineer(s) failed to provide the testing
information to the DOH prior to the water components being placed into service. In a couple of
cases the projects were never constructed. In other cases, the records could not be located as
the applicable engineer of record was no longer in business, and as a result, new testing was
performed to ensure compliance with DOH requirements. None of the subsequent testing
identified any results that failed to meet DOH standards.
Although the permits are now closed, and in compliance, the DOH has issued eight (8) Consent
Orders to the City of Miami Beach for nine (9) violations of 62-555.345 F.A.C. and
403.121(3)(a). Each Consent Order acknowledges that DOH requested that the City undertake
certain actions to resolve the violations and that the prescribed actions have been completed.
However, due to the nature of the violations, the City, as the water provider, remains subject to
civil penalties, as well as costs incurred by the DOH during the investigation of the matter. DOH
is seeking $3,000 in civil penalties and $500 in expenses for each violation (3,500 x 9 violations)
for a total cost to the City of $31,500. It is the intention of the Administration to seek
reimbursement from the applicable permittee and/or engineer of record for each violation.
By agreeing to the terms of the Orders, which include acknowledging and waiving rights to
appeal and paying the fines, the Consent Order will constitute a final order of the DOH, unless a
request for an administrative hearing is filed by a third party. The DOH acknowledges that the
City's acceptance of the offer does not constitute an admission of liability for the violations.
CONCLUSION
The Administration recommends the adoption of the resolution and authorizes the City Manager
to execute the eight (8) Consent Orders and pay the civil penalties and costs of $31,500 to the
Department of Health.
JLM/E /JJF/�-/..; �IRB/LJS
T:\AGENDA\2016\February\Public Works\Consent decree-MEMO.docx
ict(lU:ZwY\formom wr (0)c
)..,..::.,.._::..:._.:r 'LlJ . ,._. John H.Armstron MD
Rick Scott g'
• Governor State Surgeon General
July 6,2012
Mike Alvarez
Director of Public Works
City of Miami Beach
1700 Convention Center Drive
-- Miami Beach,FL 33139
Dear Mr.Alvarez:
Our records indicate that several water main extension projects permitted under the referenced numbers
were or may have been constructed and placed into permanent operation without the required clearance
from the department in violation of the conditions under which the permits was issued.
Chapter 62-555.345 Florida Administrative Code requires that no public water system components
constructed or altered under a permit granted by the department shall be placed into permanent
operation without prior department's approval or clearance. Specifically, Chapter 62-555.345 (5)
Florida Administrative Code requires that "suppliers of water shall ensure that permittees have obtained
written clearance from the department before suppliers of water turn on water to permittees".
By this letter, the department is requesting that you provide documentation to evidence that the attached
listed projects received proper clearance before you turned on the water to the permittees. If the
aforementioned projects have not obtained proper clearance from the department, the permittees shall
return and follow all clearance process to ensure the integrity of the water lines.
If this matter is not resolved immediately the Department will initiate lekal action aj'ainst you, which
may result in a fine of up to $3,000.00 and/or other penalties in accordance with Chapter
403.121(3)(a) Florida Statutes. •
We look forward for your cooperation to this matter by responding within fifteen (15) days from
the date of receipt of this letter. Failure to comply will leave us with no alternative to proceed as
previously stated.
We do " ank yo 'n advance for your cooperation.
Since el
r—
t -T''
Pau iv- . - • P.E., CEHP
•'�
•
•
• Profes.ional Engineer Supervisor I
Cc: Samir'ilmir,PE,DEE, CEHP,PhD
Tracie Dickerson,Esq. (MDCHD)
Samir Elmir,PhD,PE,DEE,CEHP,Director
r,mow Environmental Health and Engineering
Miami-Dade County Health Department
r 'n' 1; !7 1725 NW 167th Street,Miami Gardens,Florida 33056
Tel:(305)623-3500 Fax:(305)623-3502 p„t�liexeattti
....0{.PI.mM..M.I.n.
Email: Samir_Elmir @doh.state.fl.us
Wehcite. wun,riar1ehealth nrcr
a( :.L1L,,/� Li/Jt. JLJ'..
Rick Scott - ---- John H.Armstrong,MD
Governor State Surgeon Genera]
List of Expire Permits
1) Permit Name: Cosmopolitan at the Court at South Beach Permit No. 126648-177-DSGP
Address : Meridian Avenue& 1"Street
Date of Issue: 01/29/2004 Expiration Date: 01/29/2009
2) Permit Name: Regatta Condominiums Permit No. 126648-184-DSGP
Address:6580 Collins Avenue
Date of Issue: 06/16/2004 Expiration Date: 06/16/2009
3) Permit Name: Nautica Condominium Permit No. 125648-168-DSGP
Address: 5970-5990 Indian Creek Drive
Date of Issue: 05/02/2003 Expiration Date: 05/02/2008
4) Permit Name: Apogee Permit No. 126648-197-DSGP
Address: 800 South Point Drive
Date of Issue: 12/20/2005 Expiration Date: 12/20/2010
5) Permit Name: La Gorce Country Club Permit No. 126648-170-DSGP
Address: 5685 Alton Road
Date of Issue: 10/29/2003 Expiration Date: 10/29/2008
Samir Elmir,PhD,PE,DEE,CEHP,Director
�flt r�hlb
Environmental Health and Engineering
•\. for
7=
• — , Miami-Dade County Health Department
:1 =r7 1725 NW 167 Street,Miami Gardens,Florida 33056
Tel:(305)623-3500 Fax:(305)623-3502 rubticxealtt,
Email: Samir_Eimir @doh.state.fl.us - ----
WPhcitP• warww r1ar1P1-1Palth nro
Exhibit 1
KICK SCOfl
Mission. =
To protect,promote&improve the health
V Governor
of all people in Florida through integrated RUM state,county&community efforts. John H.Armstrong,MD,FACs
H; , State Surgeon General&Secretary
Vision:To be the Healthiest State in the Nation
Sent Via US Mail Article Number: 7002 2410 0004 7709 4483
January 14, 2016
r
Eric Carpenter, Assistant City Manager&
Director of Public Works• v, -.
1700 Convention Center Drive
Miami, Beach, FL 33139
Dear Mr. Carpenter- = ---
Enclosed please find eight Consent Orders for the following nine permits where the City of
Miami Beach, as the supplier of water placed a water system into service without Health
Department approval or clearance in violation of 62-555.345 F.A.C. and 403.121(3)(a). The
fines were determined per permit violation, but to minimize confusion we have combined the
consent orders by Engineer of Record (EOR).
EOR: Carl L. Skiles, PE
DOH Permit Number 126648-168-DSGP
• Project Name/Applicant: Nautica Condominium
EOR: Stephen Kutch, PE
DOH Permit Number 126648-170-DSGP
Project Name/Applicant: La Gorce Country Club
EOR: Timothy K. Blankenship, PE
} DOH Permit Number 126648-177-DSGP
Project Name/Applicant: Cosmopolitan at the Courts at South Beach
EOR: Kevin J. Sacks, PE
DOH Permit Number 126648-195-DSGP
Project Name/Applicant: Miami Beach Senior High School
EOR: Kevin M. McCabe, PE
DOH Permit Number 126648-197-DSGP
Project Name/Applicant: Apogee/T.R.G. Alaska I, LTD, Joyce Bronson
DOH Permit Number: 126648-223-DSGP
Project Name/Applicant: Block 52 Condominium/TRG Alaska Ill, LLC
www.FloridaHealth.gov
Florida Department of Health TWITTER:HeaIthyFLA
Office of the General Counsel•Miami-Oade&Monroe Counties FACEBOOK:FLDepartmentofHealth
8323 NW 12 Street,Suite 214•Miami,Florida 33126 YOUTUBE:fldoh
PHONE:786-845-0300'FAX 786-845-0306 FLICKR:HealthyFla
PINTEREST:HealthyFla
EOR: Eithel Sierra, PE
DOH Permit Number 126648-207-DSGP
Project Name/Applicant: 12" Ductile Iron Pipe Indian Creek Drive 63-67 St
EOR: Guido Van Meek, PE
DOH Permit Number 126648-225-DSGP
Project Name/Applicant: Caribbean /Caribbean Group Owner, LLC
EOR: Jason McClair, PE
DOH Permit Number 126648-231-DSGP
Project Name/Applicant: City Center Bid Package 9B
Please review and execute each of the eight enclosed documents and return to my office.
Payments should include the DEP Permit Numbers assigned and be made payable to "The
State of Florida Department of Health" and should be sent to the FDOH-Environmental Health
Division, Attn: Paul Andre, 1725 NW 167 St., Miami Gardens, FL 33056.
Should you have any questions regarding these actions, please call me at (786) 845-0360.
Sincerely,
•
Tracie L. Dickerson
Senior Attorney
Enclosures(8 Consent Orders)
cc: Lillian Rivera,RN,MSN,Ph.D.,Administrator DOH-Miami-Dade
Samir Elmir,P.E.,Ph.D.DOH-Miami-Dade,Director Environmental Health&Engineering
Paul Andre,P.E.,DOH-Miami-Dade Environmental Health&Engineering Supervisor
PYi9', ai®ea: Rick Scott
To protect,promote&improve the health
Governor
of all people in Florida through integrated �f,:
. . John It.Armstrong, FAD,PACS
state,county&community efforts. o HEALTH State Surgeon General&Secretary
Vision:To be the Healthiest State in the Nation
Date: February 10,2015
To: Samir Elmir,PhD, PE, BCEE,CEHP, DOH-Miami-Dade Director of Environmental Health &
Engineering
From: Lillian Rivera, RN,MSN,PhD,Administrator, DOH-Miami-Dade
Subject: Delegation of Authority for Signature on Department of Environmental Protection
Drinking Water Files
Lillian Rivera, RN, MSN, PhD, Administrator, Florida Department of Health in Miami-Dade County (DOH-Miami-
Dade), hereby gives Samir Elmir, PhD, PE, BCEE, CEHP, Director of Environmental Health & Engineering
signature authority for Consent Decrees generated under the DOH-Miami-Dade Drinking Water Program.
The DOH-Miami-Dade Drinking Water Program is the designated program that regulates small water systems
which provide water for public consumption for the Florida Department of Environmental Protection. The
Authority for the DOH-Miami Dade Drinking Water Program is derived from Chapter 403, Part IV, Florida
Statues and by delegation of the federal program from the U.S. Environmental Protection Agency.This program
was delegated to the Florida Department of Health through the Interagency Agreement for the Implementation
of the Florida Safe Drinking Water Act Program dated January 1,2010.
Drinking Water Program Consent Decrees must first be reviewed for sufficiency by the DOH-Miami-Dade legal
department prior to Dr. Elmir's signature. This authority may not be re-delegated. In the event of Dr. Elmir's
absence or unavailability to sign, the signature authority will revert back to the DOH-Miami-Dade County
Administrator. Each time this signature authority is used, a scan of the document shall be sent back to the
legal office for filing. The use of rubber stamps, signature plates or other mechanical devices to affix the
signature is prohibited. For documents requiring signatures of two parties, the Florida Department of Health
signature shall be last.
This delegation of signature authority shall be effective as of the date of signature and will remain in full force
and effect until revoked by me or my.successor.
rclij3 1b2 -/45 -20 -4r'
Lillian Riv ra, RN,MSN,Ph + Date
Admi strator DOH-Miami-Dade
Acknowledged and Agreed: _
2 - / 9- 20`5
Samir Elmir,PhD,PE, BCEE,CEHP Date
DOH-Miami-Dade Director of Environmental Health&Engineering
www.FlorldsHosith.gov
Florida Department of Health TWITTER:HealthyFLA
Miami-Dade County FACEBOOK:FLDepartmentotleatth
8175 NW 12th Street,Suite 300,Dora!,FL 33126 YOUTUBE:fldoh
PHONE:305-324-2400•FAX 786-336-1297 FLICKR:HealthyFla
PINTEREST:HealthyFla
•
Rick Scott
Mission: ,, .,.
To protect,promote&improve the health Y Governor
of all people in Florida through integrated ' ax_"'
Fan John H.Armstrong, MD, FACE
state,county&community efforts. �'
HEALTHState Surgeon General&Secretary
Vision:To be the Healthiest State in the Nation
January 14, 2016
City of Miami Beach as Supplier of Water
Eric Carpenter, Assistant City Manager&
Director of Public Works
1700 Convention Center Drive
Miami, Beach, FL 33139
SUBJECT: Florida Department of Environmental Protection v. City of Miami Beach as Supplier of
Water,
Engineer of Record: Timothy K. Blankenship, PE
OGC File No.: 2016-00387
DOH Permit Number 126648-177-DSGP
Project Name/Applicant: Cosmopolitan at the Courts at South Beach
Permit Expiration Date: January 28, 2004
Mr. Carpenter,
The State of Florida Department of Health for the State of Florida Department of Environmental
Protection ("Department") finds the City of Miami Beach ("Respondent"), as supplier of water placed a
water system into service without department approval or clearance in violation of 62-555.345, F.A.C.
and 403.121(3)(a). Before sending this letter, the Department requested that the Respondent
undertake certain actions to resolve the violation(s). These actions have since been completed.
However, due to the nature of the violation(s), the Respondent remains subject to civil penalties. The
Respondent is also responsible for costs incurred by the Department during the investigation of this
matter.
The Department's Offer
Based on the violations described above, the Department is seeking $ 3000.00 in civil penalties and
$ 500.00 for costs and expenses the Department has incurred in investigating this matter, which
amounts to a total of$ 3,500.00.
Respondent's Acceptance
If you wish to accept this offer and fully resolve the enforcement matter pending against the
Respondent, please sign this_letter and return by February 15, 2016 it to the Department at the
following address:
State of Florida, Department of Health
ATTN: Drinking Water Program
1725 NW 1671 Street
Miami Gardens, Florida 33056
Florida Department of Health www.FloridaHealth.gov
Division of Environmental Health and Engineering TWITTER:HealthyFLA
FACEBOOK:FLDepartmentofHealth
Miami-Dade County
1725 NW 167th Street, Miami,FL 33056 YOR:Heal fldoh
PHONE:305/623-3500•FAX 305/623-3502 ERES :HealthyFla
PINTEREST: HealthyFla
, FDOH vs.City of Miami Beach as Water Supplier(Timothy Blankenship,P.E.)
OGC No.2016-00387
Page 2
The Department will then countersign it and file it with a designated clerk of the Department. Once the
document is filed with the designated clerk, it will constitute a final order of the Department pursuant to
Section 120.52(7), F.S. and will be effective unless a request for an administrative hearing is filed by a
third party in accordance with Chapter 120, F.S. and the attached Notice of Rights.
By accepting this offer you:
(1) certify that you are authorized and empowered to negotiate, enter into, and accept the terms of
this offer in the name and on behalf of Respondent;
(2) acknowledge and waive Respondent's right to an administrative hearing pursuant to Sections
120.569 and 120.57, F.S,, on the terms of this offer, once final;
(3) acknowledge and waive Respondent's right to an appeal pursuant to Section 120.68, F.S.; and
(4) acknowledge that payment of the above amount does not constitute a waiver of the
Department's right, if any, to recover emergency response related costs and expenses for this
matter.
The Department acknowledges that the Respondent's acceptance of this offer does not constitute an
admission of liability for the violation(s) referenced above.
Respondent's Performance
After signing and returning this document to the Department,
(1) Respondent must pay$3,500.00 in full by February 15, 2016.
(2) The payment must: (a) be in the form of a cashier's check or money order (b) be payable to
the "Florida Department of Health"; (c) include the DEP Permit Number assigned and (d) be
sent to Florida Department of Health in Miami Dade County, Environmental Health Division,
1725 NW 167 Street Miami Gardens FL 33056.
The Department may enforce the terms of this document, once final, and seek to collect monies owed
pursuant to Sections 120.69 and 403.121, F.S.
Until clerked by the Department, this letter is only a settlement offer and not a final agency action.
Consequently, neither the Respondent nor any other party may request an administrative hearing to
contest this letter pursuant to Chapter 120, F.S. Once this letter is clerked and becomes a final order
of the Department, as explained above, the attached Notice of Rights will apply to parties, other than
the Respondent, whose interests will be substantially affected.
Electronic signatures or other versions of the parties' signatures, such as .pdf or facsimile, shall be
valid and have the same force and effect as originals. No modifications of the terms of this Order will
be effective until reduced to writing, executed by both Respondent and the Department, and filed with
the clerk of the Department.
Please be aware that if the Respondent declines to respond to the Department's offer, the Department
will assume that the Respondent is not interested in resolving the matter and will proceed accordingly.
If you have any questions, please contact Paul Levelt Andre, P.E. at 305-623-3500 or at
Paul.Andre @flhealth.gov.
Sincerely,
Samir Elmir, PE, PhD
Environmental Administrator
Environmental Health and Engineering
Florida Department of Health Miami-Dade County
. FDO.H vs.City of Miami Beach as Water Supplier(Timothy Blankenship,P.E.)
OGC No. 2016-00387
Page 3
FOR THE RESPONDENT:
I, [Type or Print Name], HEREBY ACCEPT THE
TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE.
By: Date:
[Signature]
Title:
[Type or Print]
FOR DEPARTMENT USE ONLY
DONE AND ORDERED this day of January, 2016 in Miami-Dade County, Florida.
STATE OF FLORIDA DEPARTMENT
OF HEALTH ON BEHALF OF STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Samir Elmir, PE, PhD
Environmental Administrator
Environmental Health and Engineering
Florida Department of Health
Miami-Dade County
Filed, on this date,pursuant to section 120.52,F.S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
Clerk Date:
Attachments: Notice of Rights
Final clerked copy furnished to:
Lea Crandall, Agency Clerk (lea.crandall a@dep.state.fl.us)
FDOH vs.City of Miami Beach as Water Supplier(Timothy Blankenship,P.E.)
OGC No.2016-00387
Page 4
NOTICE OF RIGHTS
Persons who are not parties to this Order, but whose substantial interests are
affected by it, have a right to petition for an administrative hearing under Sections 120.569 and
120.57, Florida Statutes. Because the administrative hearing process is designed to formulate
final agency action, the filing of a petition concerning this Order means that the Department's
final action may be different from the position it has taken in the Order.
The petition for administrative hearing must contain all of the following information:
a) The OGC Number assigned to this Order;
b) The name, address, and telephone number of each petitioner; the name, address, and
telephone number of the petitioner's representative, if any, which shall be the address for
service purposes during the course of the proceeding;
c) An explanation of how the petitioner's substantial interests will be affected by the Order;
d) A statement of when and how the petitioner received notice of the Order;
e) Either a statement of all material facts disputed by the petitioner or a statement that the
petitioner does not dispute any material facts; ,
f) A statement of the specific facts the petitioner contends warrant reversal or modification of
the Order;
g) A statement of the rules or statutes the petitioner contends require reversal or modification
of the Order; and
h) A statement of the relief sought by the petitioner, stating precisely the action petitioner
wishes the Department to take with respect to the Order.
The petition must be filed (received) at the Department's Office of General Counsel, 3900
Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this
notice. A copy of the petition must also be mailed at the time of filing to the District Office at the
address indicated above. Failure to file a petition within the 21-day period constitutes a person's
waiver of the right to request an administrative hearing and to participate as a party to this proceeding
under Sections 120.569 and 120.57, Florida Statutes. Mediation under Section 120.573, Florida
Statutes, is not available in this proceeding.
Rick Scott
f ,sion: cwt ii e r
To protect,promote&improve the health .
Governor
of all people in Florida through integrated -� l" -
state,county&community efforts. John H.Armstrong, MD, FAGS
State Surgeon General&Secretary
Vision:To be the Healthiest State in the Nation
January 14, 2016
City of Miami Beach as Supplier of Water
Eric Carpenter, Assistant City Manager&
Director of Public Works -- — --1700 Convention.Center Drive
Miami, Beach, FL 33139
SUBJECT: State of Florida Department of Health vs. City of Miami Beach as Supplier of Water,
Engineer of Record: Kevin J. Sacks, PE
OGC File No.: 2016-00390
DOH Permit Number 126648-195 DSGP
Project Name/Applicant: Miami Beach Senior High School
Permit Expiration Date: June 28, 2010
Mr. Carpenter,
The State of Florida Department of Health for the State of Florida Department of Environmental
Protection ("Department") finds the City of Miami Beach ("Respondent"), as supplier of water placed a
water system into service without department approval or clearance in violation of 62-555.345, F.A.C.
and 403.121(3)(a). Before sending this letter, the Department requested that the Respondent
undertake certain actions to resolve the violation(s). These actions have since been completed.
However, due to the nature of the violation(s), the Respondent remains subject to civil penalties. The
Respondent is also responsible for costs incurred by the Department during the investigation of this
matter.
The Department's Offer
Based on the violations described above, the-Department is seeking $ 3000.00 in civil penalties and
$ 500.00 for costs and expenses the Department has incurred in investigating this matter, which
amounts to a total of$ 3,500.00. -
Respondent's Acceptance
If you wish to accept this offer and fully resolve the enforcement matter pending against the
Respondent, please sign this letter and return by February 15, 2016 it to the Department at the
following address:
State of Florida, Department of Health
ATTN: Drinking Water Program
1725 NW l67t Street
Miami Gardens, Florida 33056
Florida Department of Health www.FloridaHealth.gov
Division of Environmental Health and Engineering TWITTER:HealthyFLA
FACEBOOK:FLDepartmentofHealth
Miami-Dade County YOUTUBE:fldoh
1725 NW 167th Street, Miami,FL 33056 FLICKR:HealthyFla
PHONE:305/623-3500•FAX 305/623-3502 PINTEREST: HealthyFla
F )H-Vs.City of Miami Beach as Water Supplier(Kevin Sacks,PE)
C. C No 2016-00390
Page 2
The Department will then countersign it and file it with a designated clerk of the Department. Once the
document is filed with the designated clerk, it will constitute a final order of the Department pursuant to
Section 120.52(7), F.S. and will be effective unless a request for an administrative hearing is filed by a
third party in accordance with Chapter 120, F.S. and the attached Notice of Rights.
By accepting this offer you:
(1) certify that you are authorized and empowered to negotiate, enter into, and accept the terms of
this offer in the name and on behalf of Respondent;
(2) acknowledge and waive Respondent's right to an administrative hearing pursuant to Sections
120.569 and 120.57, F.S.; on the terms of this offer, once final;
(3) acknowledge and waive Respondent's right to an appeal pursuant to Section 120.66, F.S.; and
(4) acknowledge that payment of the above amount does not constitute a waiver of the
Department's right, if any, to recover emergency response related costs and expenses for this
matter.
The Department acknowledges that the Respondent's acceptance of this offer does not constitute an
admission of liability for the violation(s) referenced above.
Respondent's Performance
After signing and returning this document to the Department,
(1) Respondent must pay$3,500 in full by February 15,2016.
(2) The payment must: (a) be in the form of a cashier's check or money order (b) be payable to
O P Y O Y O P Y
the "Florida Department of Health"; (c) include the DEP Permit Number assigned and (d) be
sent to Florida Department of Health in Miami Dade County, Environmental Health Division,
1725 NW 167 Street Miami Gardens FL 33056.
The Department may enforce the terms of this document, once final, and seek to collect monies owed
pursuant to Sections 120.69 and 403.121, F.S.
Until clerked by the Department, this letter is only a settlement offer and not a final agency action.
Consequently, neither the Respondent nor any other party may request an administrative hearing to
contest this letter pursuant to Chapter 120, F.S. Once this letter is clerked and becomes a final order
of the Department, as explained above, the attached Notice of Rights will apply to parties, other than
the Respondent, whose interests will be substantially affected.
Electronic signatures or other versions of the parties' signatures, such as .pdf or facsimile, shall be
valid and have the same force and effect as originals. No modifications of the terms of this Order will
be effective until reduced to writing, executed by both Respondent and the Department, and filed with
the clerk of the Department.
Please be aware that if the Respondent declines to respond to the Department's offer, the Department
will assume that the Respondent is not interested in resolving the matter and will proceed accordingly.
If you have any questions, please contact Paul Levelt Andre, P.E. at 305-623-3500 or at
Paul.Andre@flhealth.gov.
Sincerely, •
ezt..........,„
Samir Elmir, PE, PhD
Environmental Administrator
Environmental Health and Engineering
Florida Department of Health Miami-Dade County
F'. JH-vs. City of Miami Beach as Water Supplier(Kevin Sacks,PE)
C,3C No.2016-00390
Page 3
FOR THE RESPONDENT:
I, [Type or Print Name], HEREBY ACCEPT THE
TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE.
By: Date:
[Signature]
Title:
[Type or Print]
FOR DEPARTMENT USE ONLY
DONE AND ORDERED this day of January, 2016 in Miami-Dade County, Florida.
STATE OF FLORIDA DEPARTMENT
OF HEALTH ON BEHALF OF STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Samir Elmir, PE, PhD
Environmental Administrator
Environmental Health and Engineering
Florida Department of Health
Miami-Dade County
Filed,on this date, pursuant to section 120.52,F.S.,with the designated Department Clerk,
receipt of which is hereby acknowledged.
Clerk Date:
Attachments: Notice of Rights
Final clerked copy furnished to:
Lea Crandall, Agency Clerk (lea.crandall[a�dep.state.fl.us)
F' JH-ys.City of Miami Beach as Water Supplier (Kevin Sacks,PE)
(.,6C No.2016-00390
Page 4
NOTICE OF RIGHTS
Persons who are not parties to this Order, but whose substantial interests are
affected by it, have a right to petition for an administrative hearing under Sections 120.569 and
120.57, Florida Statutes. Because the administrative hearing process is designed to formulate
final agency action, the filing of a petition concerning this Order means that the Department's
final action may be different from the position it has taken in the Order.
The petition for administrative hearing must contain all of the following information:
a) The OGC Number assigned to this Order;
b) The name, address, and telephone number of each petitioner; the name, address, and
telephone number of the petitioner's representative, if any, which shall be the address for
service purposes during the course of the proceeding;
c) An explanation of how the petitioner's substantial interests will be affected by the Order;
d) A statement of when and how the petitioner received notice of the Order;
e) Either a statement of all material facts disputed by the petitioner or a statement that the
petitioner does not dispute any material facts;
f) A statement of the specific facts the petitioner contends warrant reversal or modification of
the Order;
g) A statement of the rules or statutes the petitioner contends require reversal or modification
of the Order; and
h) A statement of the relief sought by the petitioner, stating precisely the action petitioner
wishes the Department to take with respect to the Order.
The petition must be filed (received) at the Department's Office of General Counsel, 3900
Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this
notice. A copy of the petition must also be mailed at the time of filing to the District Office at the
address indicated above. Failure to file a petition within the 21-day period constitutes a person's
waiver of the right to request an administrative hearing and to participate as a party to this proceeding
under Sections 120.569 and 120.57, Florida Statutes. Mediation under Section 120.573, Florida
Statutes, is not available in this proceeding.
Rick Scott
Mission: <.� ,m •'t' Governor
To protect,promote&improve the health
of all people in Florida through integrated - John H. Armstrong,MD, FACS
state,county&community efforts. '3
f State Surgeon General&Secretary
Vision:To be the Healthiest State in the Nation
January 14, 2016
City of Miami Beach as Supplier of Water
Eric Carpenter, Assistant City Manager&
Director of Public Works - -1700 Convention Center Drive
Miami, Beach, FL 33139
SUBJECT: Florida Department of Health v. City of Miami Beach as Supplier of Water,
DOH Permit Number 126648-207-DSGP
OGC File No. 2016-00482
Engineer of Record: Eithel Sierra, PE
Project Name/Applicant: 12" Ductile Iron Pipe Indian Creek Drive 63-67 St
Permit Expiration Date: October 24, 2011
Mr. Carpenter,
The State of Florida Department of Health for the State of Florida Department of Environmental
Protection ("Department") finds the City of Miami Beach ("Respondent"), as supplier of water placed a
water system into service without department approval or clearance in violation of 62-555.345, F.A.C.
and 403.121(3)(a). Before sending this letter, the Department requested that the Respondent
undertake certain actions to resolve the violation(s). These actions have since been completed.
However, due to the nature of the violation(s), the Respondent remains subject to civil penalties. The
Respondent is also responsible for costs incurred by the Department during the investigation of this
matter.
The Department's Offer
Based on the violations described above, the Department is seeking $ 3000.00 in civil penalties and
$ 500.00 for costs and expenses the Department has incurred in investigating this matter, which
amounts to a total of$ 3,500.00.
Respondent's Acceptance
If you wish to accept this offer and fully resolve the enforcement matter pending against the
Respondent, please sign this letter and return by February 15, 2016 it to the Department at the
following address:
State of Florida, Department of Health
ATTN: Drinking Water Program
1725 NW 1671 Street
Miami Gardens, Florida 33056
Florida Department of Health www.FloridaHealth.gov
Division of Environmental Health and Engineering TWITTER:HealthyFLA
Miami-Dade County FACEBOOK:FLDepartmentofHealth
1725 NW 167th Street, Miami,FL 33056 YOUTUBE:fldoh
• PHONE:305/623-3500•FAX 305/623-3502 FLICKR:HealthyFla
PINTEREST: HealthyFla
FDOH vs.City of Miami Beach as Water Supplier(Eithel Sierra,P.E.)
OGC No.2016-00482
Page 2
The Department will then countersign it and file it with a designated clerk of the Department. Once the
document is filed with the designated clerk, it will constitute a final order of the Department pursuant to
Section 120.52(7), F.S. and will be effective unless a request for an administrative hearing is filed by a
third party in accordance with Chapter 120, F.S. and the attached Notice of Rights.
By accepting this offer you:
(1) certify that you are authorized and empowered to negotiate, enter into, and accept the terms of
this offer in the name and on behalf of Respondent;
(2) acknowledge and waive Respondent's right to an administrative hearing pursuant to Sections
-- 120.569 and 120.57, F.S., on the terms of this offer, once final; - - - - ---
(3) acknowledge and waive Respondent's right to an appeal pursuant to Section 120.68, F.S.; and
(4) acknowledge that payment of the above amount does not constitute a waiver of the
Department's right, if any, to recover emergency response related costs and expenses for this
matter.
The Department acknowledges that the Respondent's acceptance of this offer does not constitute an
admission of liability for the violation(s) referenced above.
Respondent's Performance
After signing and returning this document to the Department,
(1) Respondent must pay$3,500 in full by February 15,2016.
(2) The payment must: (a) be in the form of a cashier's check or money order (b) be payable to
the "Florida Department of Health"; (c) include the DEP Permit Number assigned and (d) be
sent to Florida Department of Health in Miami Dade County, Environmental Health Division,
1725 NW 167 Street Miami Gardens FL 33056.
The Department may enforce the terms of this document, once final, and seek to collect monies owed
pursuant to Sections 120.69 and 403.121, F.S.
Until clerked by the Department, this letter is only a settlement offer and not a final agency action.
Consequently, neither the Respondent nor any other party may request an administrative hearing to
contest this letter pursuant to Chapter 120, F.S. Once this letter is clerked and becomes a final order
of the Department, as explained above, the attached Notice of Rights will apply to parties, other than
the Respondent, whose interests will be substantially affected.
Electronic signatures or other versions of the parties' signatures, such as .pdf or facsimile, shall be
valid and have the same force and effect as originals. No modifications of the terms of this Order will
be effective until reduced to writing, executed by both Respondent and the Department, and filed with
the clerk of the Department.
Please be aware that if the Respondent declines to respond to the Department's offer, the Department
will assume that the Respondent is not interested in resolving the matter and will proceed accordingly.
If you have any questions, please contact Paul Levelt Andre, P.E. at 305-623-3500 or at
Paul.Andre @flhealth.gov.
Sincerely,
Samir Elmir, PE, PhD
Environmental Administrator
Environmental Health and Engineering
Florida Department of Health Miami-Dade County
FDOH vs.City of Miami Beach as Water Supplier(Eithel Sierra,P.E.)
OGC No. 2016-00482
Page 3
FOR THE RESPONDENT:
I, [Type or Print Name], HEREBY ACCEPT THE
TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE.
By: Date:
[Signature]
Title:
[Type or Print]
FOR DEPARTMENT USE ONLY
DONE AND ORDERED this day of January, 2016 in Miami-Dade County, Florida.
STATE OF FLORIDA DEPARTMENT
OF HEALTH ON BEHALF OF STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Samir Elmir, PE, PhD
Environmental Administrator
Environmental Health and Engineering
Florida Department of Health
Miami-Dade County
Filed, on this date, pursuant to section 120.52,F.S.,with the designated Department Clerk,
receipt of which is hereby acknowledged.
Clerk Date:
Attachments: Notice of Rights
Final clerked copy furnished to:
Lea Crandall, Agency Clerk (lea.crandall[c�dep.state.fl.us)
FDOH vs.City of Miami Beach as Water Supplier(Eithel Sierra, P.E.)
OGC No. 2016-00482
Page 4
NOTICE OF RIGHTS
Persons who are not parties to this Order,but whose substantial interests are
affected by it, have a right to petition for an administrative hearing under Sections 120.569 and
120.57,Florida Statutes. Because the administrative hearing process is designed to formulate
final agency action, the filing of a petition concerning this Order means that the Department's
final action may be different-from the position it has taken in the Order. -
The petition for administrative hearing must contain all of the following information:
a) The OGC Number assigned to this Order;
b) The name, address, and telephone number of each petitioner; the name, address, and
telephone number of the petitioner's representative, if any, which shall be the address for
service purposes during the course of the proceeding;
c) An explanation of how the petitioner's substantial interests will be affected by the Order;
d) A statement of when and how the petitioner received notice of the Order;
e) Either a statement of all material facts disputed by the petitioner or a statement that the
petitioner does not dispute any material facts;
f) A statement of the specific facts the petitioner contends warrant reversal or modification of
the Order;
g) A statement of the rules or statutes the petitioner contends require reversal or modification
of the Order; and
h) A statement of the relief sought by the petitioner, stating precisely the action petitioner
wishes the Department to take with respect to the Order.
The petition must be filed (received) at the Department's Office of General Counsel, 3900
Commonwealth Boulevard, MS#35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this
notice. A copy of the petition must also be mailed at the time of filing to the District Office at the
address indicated above. Failure to file a petition within the 21-day period constitutes a person's
waiver of the right to request an administrative hearing and to participate as a party to this proceeding
under Sections 120.569 and 120.57, Florida Statutes. Mediation under Section 120.573, Florida
Statutes, is not available in this proceeding.
Rick Scott
Mission: r :.'
To protect,promote&improve the health n •=~ Governor
of all people in Florida through integrated
'. state,county&community efforts.
f John H. Armstrong, MD, FACS
t. ; LTH State Surgeon General&Secretary
Vision:To be the Healthiest State in the Nation
• January 14, 2016
City of Miami Beach as Supplier of Water
Eric Carpenter, Assistant City Manager &
- - Director of Public Works
1700 Convention Center Drive
Miami, Beach, FL 33139
SUBJECT: Florida Department of Health on v. City of Miami Beach as Supplier of Water,
DOH Permit Number 126648-231-DSGP
OGC File No.: 2016-00480
Engineer of Record: Jason McClair, P.E.
Project Name/Applicant: City Center Bid Package 9B
Permit Expiration Date: February 15, 2013
Mr. Carpenter,
The State of Florida Department of Health for the State of Florida Department of Environmental
Protection ("Department") finds the City of Miami Beach ("Respondent"), as supplier of water placed a
water system into service without department approval or clearance in violation of 62-555.345, F.A.C.
and 403.121(3)(a). Before sending this letter, the Department requested that the Respondent
undertake certain actions to resolve the violation(s). These actions have since been completed.
However, due to the nature of the violation(s), the Respondent remains subject to civil penalties. The
Respondent is also responsible for costs incurred by the Department during the investigation of this
matter.
The Department's Offer
Based on the violations described above, the Department is seeking $ 3000.00 in civil penalties and
$ 500.00 for costs and expenses the Department has incurred in investigating this matter, which
amounts to a total of$ 3,500.00.
Respondent's Acceptance
If you wish to accept this offer and fully resolve the enforcement matter pending against the
Respondent, please sign this letter and return by February 15, 2016 it to the Department at the
following address:
• State of Florida, Department of Health
ATTN: Drinking Water Program
1725 NW 1671 Street
Miami. Gardens, Florida 33056
Florida Department of Health www.Floridaliealth.gov
Division of Environmental Health and Engineering TWITTER:HealthyFLA
Miami Dade County FACEBOOK:FLDepartmentofHealth
1725 NW 167th Street, Miami,FL 33056 YOUTUBE:fldoh
PHONE:305/623-3500•FAX 305/623-3502 FLICKR:HealthyFla
PINTEREST: HealthyFla
•
FDOH vs.City of Miami Beach as Water Supplier(Jason McClair,P.E.)
OGC No.2016-00480
Page 2
The Department will then countersign it and file it with a designated clerk of the Department. Once the
document is filed with the designated clerk, it will constitute a final order of the Department pursuant to
Section 120.52(7), F.S. and will be effective unless a request for an administrative hearing is filed by a
third party in accordance with Chapter 120, F.S. and the attached Notice of Rights.
By accepting this offer you:
(1) certify that you are authorized and empowered to negotiate, enter into, and accept the terms of
this offer in the name and on behalf of Respondent;
(2) acknowledge and waive Respondent's right to an administrative hearing pursuant to Sections
120.569 and 120.57, F.S., on the terms of this offer, once final;
(3) acknowledge and waive Respondent's right to an appeal pursuant to Section 120.68, F.S.; and
(4) acknowledge that payment of the above amount does not constitute a waiver of the
Department's right, if any, to recover emergency response related costs and expenses for this
matter.
The Department acknowledges that the Respondent's acceptance of this offer does not constitute an
admission of liability for the violation(s) referenced above.
Respondent's Performance
After signing and returning this document to the Department,
(1) Respondent must pay$3,500.00 in full by February 15, 2016.
(2) The payment must: (a) be in the form of a cashier's check or money order (b) be payable to
the "Florida Department of Health"; (c) include the DEP Permit Number assigned and (d) be
sent to Florida Department of Health in Miami Dade County, Environmental Health Division,
1725 NW 167 Street Miami Gardens FL 33056.
The Department may enforce the terms of this document, once final, and seek to collect monies owed
pursuant to Sections 120.69 and 403.121, F.S.
Until clerked by the Department, this letter is only a settlement offer and not a final agency action.
Consequently, neither the Respondent nor any other party may request an administrative hearing to
contest this letter pursuant to Chapter 120, F.S. Once this letter is clerked and becomes a final order
of the Department, as explained above, the attached Notice of Rights will apply to parties, other than
the Respondent, whose interests will be substantially affected.
Electronic signatures or other versions of the parties' signatures, such as .pdf or facsimile, shall be
valid and have the same force and effect as originals. No modifications of the terms of this Order will
be effective until reduced to writing, executed by both Respondent and the Department, and filed with
the clerk of the Department.
Please be aware that if the Respondent declines to respond to the Department's offer, the Department
will assume that the Respondent is not interested in resolving the matter and will proceed accordingly.
If you have any questions, please contact Paul Levelt Andre, P.E. at 305-623-3500 or at
Paul.Andre @flhealth.gov.
Sincerely,
Samir Elmir, PE, PhD
Environmental Administrator
Environmental Health and Engineering
Florida Department of Health Miami-Dade County
FDOH vs.City of Miami Beach as Water Supplier(Jason McClair,P.E.)
OGC No. 2016-00480
;: Page 3
FOR THE RESPONDENT:
I, [Type or Print Name], HEREBY ACCEPT THE
TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE.
By: Date:
[Signature]
Title:
[Type or Print]
FOR DEPARTMENT USE ONLY
DONE AND ORDERED this day of January, 2016 in Miami-Dade County, Florida.
STATE OF FLORIDA DEPARTMENT
OF HEALTH ON BEHALF OF STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Samir Elmir, PE, PhD
Environmental Administrator
Environmental Health and Engineering
Florida Department of Health
Miami-Dade County
Filed, on this date, pursuant to section 120.52,F.S.,with the designated Department Clerk,
receipt of which is hereby acknowledged.
Clerk Date:
Attachments: Notice of Rights
Final clerked copy furnished to:
Lea Crandall, Agency Clerk (lea.crandall@dep.state.fl.us)
FDOH vs. City of Miami Beach as Water Supplier(Jason McClair,P.E.)
OGC No.2016-00480
Page 4
NOTICE OF RIGHTS
Persons who are not parties to this Order, but whose substantial interests are
affected by it,have a right to petition for an administrative hearing under Sections 120.569 and
120.57, Florida Statutes. Because the administrative hearing process is designed to formulate
final agency action, the filing of a petition concerning this Order means that the Department's
- final action may be different from the position it has taken in the Order: - -The petition for administrative hearing must contain all of the following information:
a) The OGC Number assigned to this Order;
b) The name, address, and telephone number of each petitioner; the name, address, and
telephone number of the petitioner's representative, if any, which shall be the address for
service purposes during the course of the proceeding;
c) An explanation of how the petitioner's substantial interests will be affected by the Order;
d) A statement of when and how the petitioner received notice of the Order;
e) Either a statement of all material facts disputed by the petitioner or a statement that the
petitioner does not dispute any material facts;
f) A statement of the specific facts the petitioner contends warrant reversal or modification of
the Order;
g) A statement of the rules or statutes the petitioner contends require reversal or modification
of the Order; and
h) A statement of the relief sought by the petitioner, stating precisely the action petitioner
wishes the Department to take with respect to the Order.
The petition must be filed (received) at the Department's Office of General Counsel, 3900
Commonwealth Boulevard, MS#35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this
notice. A copy of the petition must also be mailed at the time of filing to the District Office at the
address indicated above. Failure to file a petition within the 21-day period constitutes a person's
waiver of the right to request an administrative hearing and to participate as a party to this proceeding
under Sections 120.569 and 120.57, Florida Statutes. Mediation under Section 120.573, Florida
Statutes, is not available in this proceeding.
•
•
•
Rick Scott
Mission.
To protect,promote&improve the health T:' s1_; Governor
of all people in Florida through integrated ' "v
state,county&community efforts. 4 r!r r !� John H. Armstrong, MD, FAGS
HEALTHState Surgeon General&Secretary
Vision:To be the Healthiest State in the Nation
January 14, 2016
City of Miami Beach as Supplier of Water
Eric Carpenter, Assistant City Manager&
Director of Public Works -- - - - - - -
1700 Convention Center Drive
Miami, Beach, FL 33139
SUBJECT: Florida Department of Health Environmental Protection v. City of Miami Beach as
Supplier of Water,
Engineer of Record: Guido Van Meek, PE
OGC File No.: 2016-00389
FDOH Permit Number 126648-225 DSGP
Project Name/Applicant: Caribbean /Caribbean Group Owner, LLC
Permit Expiration Date: August 31, 2012
Mr. Carpenter,
The State of Florida Department of Health for the State of Florida Department of Environmental
Protection ("Department") finds the City of Miami Beach ("Respondent"), as supplier of water placed a
water system into service without department approval or clearance in violation of 62-555.345, F.A.C.
and 403.121(3)(a). Before sending this letter, the Department requested that the Respondent
undertake certain actions to resolve the violation(s). These actions have since been completed.
However, due to the nature of the violation(s), the Respondent remains subject to civil penalties. The
Respondent is also responsible for costs incurred by the Department during the investigation of this
matter.
The Department's Offer
Based on the violations described above, the Department is seeking $ 3000.00 in civil penalties and
$ 500.00 for costs and expenses the Department has incurred in investigating this matter, which
amounts to a total of$ 3,500.00.
Respondent's Acceptance
If you wish to accept this offer and fully resolve the enforcement matter pending against the
Respondent, please sign this letter and return by February 15, 2016 it to the Department at the
following address:
State of Florida, Department of Health
ATTN: Drinking Water Program
1725 NW 1671 Street
Miami Gardens, Florida 33056
Florida Department of Health www.FloridaHealth.gov
Division of Environmental Health and Engineering TWITTER:HealthyFLA
Miami-Dade County FACEBOOK:FLDepartmentofHealth
1725 NW 167th Street, Miami,FL 33056 YOUTUBE:fldoh
• PHONE:305/623-3500•FAX 305/623-3502 FLICKR:HealthyFla
• PINTEREST: HealthyFla
FFDOH x%-s. City of Miami Beach as Water Supplier(Guido Van Meek,P.E.) .
OGC No.2016-00389
Page 2
The Department will then countersign it and file it with a designated clerk of the Department. Once the
document is filed with the designated clerk, it will constitute a final order of the Department pursuant to
Section 120.52(7), F.S. and will be effective unless a request for an administrative hearing is filed by a
third party in accordance with Chapter 120, F.S. and the attached Notice of Rights.
By accepting this offer you:
(1) certify that you are authorized and empowered to negotiate, enter into, and accept the terms of
this offer in the name and on behalf of Respondent;
(2) acknowledge and waive Respondent's right to an administrative hearing pursuant to Sections
120.569 and 120.57,, F..S., on the terms of this offer, once final;
(3) acknowledge and waive Respondent's right to an appeal pursuant to Section 120.68, F.S.; and
(4) acknowledge that payment of the above amount does not constitute a waiver of the
Department's right, if any, to recover emergency response related costs and expenses for this
matter.
The Department acknowledges that the Respondent's acceptance of this offer does not constitute an
admission of liability for the violation(s) referenced above.
Respondent's Performance
After signing and returning this document to the Department,
(1) Respondent must pay$3,500 in full by February 15,2016.
(2) The payment must: (a) be in the form of a cashier's check or money order (b) be payable to
the "Florida Department of Health"; (c) include the DEP Permit Number assigned and (d) be
sent to Florida Department of Health in Miami Dade County, Environmental Health Division,
1725 NW 167 Street Miami Gardens FL 33056.
The Department may enforce the terms of this document, once final, and seek to collect monies owed
pursuant to Sections 120.69 and 403.121, F.S.
Until clerked by the Department, this letter is only a settlement offer and not a final agency action.
Consequently, neither the Respondent nor any other party may request an administrative hearing to
contest this letter pursuant to Chapter 120, F.S. Once this letter is clerked and becomes a final order
of the Department, as explained above, the attached Notice of Rights will apply to parties, other than
the Respondent, whose interests will be substantially affected.
Electronic signatures or other versions of the parties' signatures, such as .pdf or facsimile, shall be
valid and have the same force and effect as originals. No modifications of the terms of this Order will
be effective until reduced to writing, executed by both Respondent and the Department, and filed with
the clerk of the Department.
Please be aware that if the Respondent declines to respond to the Department's offer, the Department
will assume that the Respondent is not interested in resolving the matter and will proceed accordingly.
If you have any questions, please contact Paul Levelt Andre, P.E. at 305-623-3500 or at
Paul.Andre @flhealth.gov.
Sincerely,
Samir Elmir, PE, Ph
Environmental Administrator
Environmental Health and Engineering
Florida Department of Health
Miami-Dade County
ti.
FDOH vs.City of Miami Beach as Water Supplier (Guido Van Meek,P.E.)
OGC No. 2016-00389
Page 3
FOR THE RESPONDENT:
I, [Type or Print Name], HEREBY ACCEPT THE
TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE.
By: Date:
[Signature] -------- - - - ------ - - - -
Title:
[Type or Print]
FOR DEPARTMENT USE ONLY
DONE AND ORDERED this day of January, 2016 in Miami-Dade County, Florida.
STATE OF FLORIDA DEPARTMENT
OF HEALTH ON BEHALF OF STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Samir Elmir, PE, PhD
Environmental Administrator
Environmental Health and Engineering
Florida Department of Health
Miami-Dade County
Filed, on this date, pursuant to section 120.52, F.S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
Clerk Date:
Attachments: Notice of Rights
Final clerked copy furnished to:
Lea Crandall, Agency Clerk (lea.crandall(a�dep.state.fl.us)
IrDOH Vs.City, of Miami Beach as Water Supplier(Guido Van Meek,P.E.)
OGC No.2016-00389
Page 4
NOTICE OF RIGHTS
Persons who are not parties to this Order, but whose substantial interests are
affected by it, have a right to petition for an administrative hearing under Sections 120.569 and
120.57, Florida Statutes. Because the administrative hearing process is designed to formulate
final agency action, the filing of a petition concerning this Order means that the Department's
final action may be different from the position it has taken in the Order.
The petition for administrative hearing must contain all of the following information:
a) The OGC Number assigned to this Order;
b) The name, address, and telephone number of each petitioner; the name, address, and
telephone number of the petitioner's representative, if any, which shall be the address for
service purposes during the course of the proceeding;
c) An explanation of how the petitioner's substantial interests will be affected by the Order;
d) A statement of when and how the petitioner received notice of the Order;
e) Either a statement of all material facts disputed by the petitioner or a statement that the
petitioner does not dispute any material facts;
f) A statement of the specific facts the petitioner contends warrant reversal or modification of
the Order;
g) A statement of the rules or statutes the petitioner contends require reversal or modification
of the Order; and
h) A statement of the relief sought by the petitioner, stating precisely the action petitioner
wishes the Department to take with respect to the Order.
The petition must be filed (received) at the Department's Office of General Counsel, 3900
Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this
notice. A copy of the petition must also be mailed at the time of filing to the District Office at the
address indicated above. Failure to file a petition within the 21-day period constitutes a person's
waiver of the right to request an administrative hearing and to participate as a party to this proceeding
under Sections 120.569 and 120.57, Florida Statutes. Mediation under Section 120.573, Florida
Statutes, is not available in this proceeding.
Rick Scott
1. Mission:
To protect,promote&improve the health rw Governor
of all people in Florida through integrated
� state,county&community efforts. °� John W.Armstrong, MD,FRCS
HEALTHState Surgeon General&Secretary
Vision:To be the Healthiest State in the Nation
•
January 14, 2016
City of Miami Beach as Supplier of Water
Eric Carpenter, Assistant City Manager &
-- -Director of Public Works --
1700 Convention Center Drive
Miami, Beach, FL 33139
SUBJECT: Florida Department of Health v. City of Miami Beach as Supplier of Water,
Engineer of Record: Kevin M. McCabe, PE (36841)
OGC File No.: 2015-07455
DOH Permit Number 126648-197-DSGP
Project Name/Applicant: Apogee/T.R.G. Alaska I, LTD, Joyce Bronson
Permit Expiration Date: October 20, 2010
DOH Permit Number: 126648-223-DSGP
Project Name/Applicant: Block 52 Condominium/TRG Alaska Ill, LLC
Permit Expiration Date: August 14, 2013
Mr. Carpenter,
The State of Florida Department of Health for the State of Florida Department of Environmental
Protection ("Department") finds that City of Miami Beach ("Respondent"), as supplier of water placed a
water system into service without department approval or clearance in violation of 62-555.345, F.A.C.
and 403.121(3)(a). Before sending this letter, the Department requested that the Respondent
undertake certain actions to resolve the violation(s). These actions have since been completed.
However, due to the nature of the violation(s), the Respondent remains subject to civil penalties. The
Respondent is also responsible for costs incurred by the Department during the investigation of this
matter.
The Department's Offer
COUNT I
DOH Permit Number 126648-197-DSGP
Project Name/Applicant: Apogee/T.R.G. Alaska I, LTD, Joyce Bronson
Permit Expiration Date: October 20, 2010
Based on the violations described above, the Department is seeking $3000.00 in civil penalties and
$ 500.00 for costs and expenses the Department has incurred in investigating this matter, which
amounts to a total of $ 3,500.00 for Count I.
COUNT II
DOH Permit Number 126648-197-DSGP
Project Name/Applicant: Apogee/T.R.G. Alaska I, LTD, Joyce Bronson
•
Florida Department of Health www.FloridaHealth.gov
Division of Environmental Health and Engineering TWITTER:HealthyFLA
Miami-Dade County FACEBOOK:FLDepartmentofHealth
1725 NW 167th Street, Miami,FL 33056 YOUTUBE:fldoh
PHONE:305/623-3500•FAX 305/623-3502 FLICKR:HealthyFla
PINTEREST: HealthyFla
•
FDOH vs.City of Miami Beach as Water Supplier (Kevin McCabe,PE)
OGC No.2015-07455
Page 2 .
Permit Expiration Date: October 20, 2010
Based on the violations described above, the Department is seeking $ 3000.00 in civil penalties and
$ 500.00 for costs and expenses the Department has incurred in investigating this matter, which
amounts to a total of$ 3,500.00 for Count II.
TOTAL AMOUNT DUE COUNTS I and II combined: $7,000.00.
Respondent's Acceptance — — -If you wish to accept this offer and fully resolve the enforcement matter pending against the
Respondent, please sign this letter and return by February 15, 2016 it to the Department at the
following address:
State of Florida, Department of Health
ATTN: Drinking Water Program
1725 NW 167t Street
Miami Gardens, Florida 33056
The Department will then countersign it and file it with a designated clerk of the Department. Once the
document is filed with the designated clerk, it will constitute a final order of the Department pursuant to
Section 120.52(7), F.S. and will be effective unless a request for an administrative hearing is filed by a
third party in accordance with Chapter 120, F.S. and the attached Notice of Rights.
By accepting this offer you:
(1) certify that you are authorized and empowered to negotiate, enter into, and accept the terms of
this offer in the name and on behalf of Respondent;
(2) acknowledge and waive Respondent's right to an administrative hearing pursuant to Sections
120.569 and 120.57, F.S., on the terms of this offer, once final;
(3) acknowledge and waive Respondent's right to an appeal pursuant to Section 120.68, F.S.; and
(4) acknowledge that payment of the above amount does not constitute a waiver of the
Department's right, if any, to recover emergency response related costs and expenses for this
matter.
The Department acknowledges that the Respondent's acceptance of this offer does not constitute an
admission of liability for the violation(s) referenced above.
Respondent's Performance
After signing and returning this document to the Department,
(1) Respondent must pay$7,000 in full by February 15,2016.
(2) The payment must: (a) be in the form of a cashier's check or money order (b) be payable to
the "Florida Department of Health"; (c) include the DEP Permit Number assigned and (d) be
sent to Florida Department of Health in Miami Dade County, Environmental Health Division,
1725 NW 167 Street Miami Gardens FL 33056.
The Department may enforce the terms of this document, once final, and seek to collect monies owed
pursuant to Sections 120.69 and 403.121, F.S.
Until clerked by the Department, this letter is only a settlement offer and not a final agency action.
Consequently, neither the Respondent nor any other party may request an administrative hearing to
contest this letter pursuant to Chapter 120, F.S. Once this letter is clerked and becomes a final order
•
MOH vs.City of Miami Beach as Water Supplier(Kevin McCabe,PE)
OGC No.2015-07455
Page 3
of the Department, as explained above, the attached Notice of Rights will apply to parties, other than
the Respondent, whose interests will be substantially affected.
Electronic signatures or other versions of the parties' signatures, such as .pdf or facsimile, shall be,
valid and have the same force and effect as originals. No modifications of the terms of this Order will
be effective until reduced to writing, executed by both Respondent and the Department, and filed with
the clerk of the Department.
•
Please be aware that if the Respondent declines to respond to the Department's offer, the Department
will assume that the Respondent is not interested in resolving the matter and will proceed accordingly.
- If you - have any questions, please contact Paul Andre, P.E. at 305-623=3500—or- -at-
Paul.Andre@flhealth.gov.
Sincerely,
Samir Elmir, PE, PhD
Environmental Administrator
Environmental Health and Engineering
Florida Department of Health
Miami-Dade County
FOR THE RESPONDENT:
I, [Type or Print Name], HEREBY ACCEPT THE
TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE.
By: Date:
[Signature]
Title:
[Type or Print]
•
FDOH vs.City of Miami Beach as Water Supplier(Kevin McCabe,PE)
OGC No.2015-07455
Page 4
FOR DEPARTMENT USE ONLY
DONE AND ORDERED this day of January, 2016 in Miami-Dade County, Florida.
STATE OF FLORIDA DEPARTMENT
OF HEALTH ON BEHALF OF STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Samir Elrnir, PE, PhD
Environmental Administrator
Environmental Health and Engineering
Florida Department of Health
Miami-Dade County
Filed, on this date,pursuant to section 120.52, F.S.,with the designated Department Clerk,
receipt of which is hereby acknowledged.
Clerk Date:
Attachments: Notice of Rights
Final clerked copy furnished to:
Lea Crandall, Agency Clerk (lea.crandall a(�.dep.state.fl.us)
FDOH ys.City of Miami Beach as Water Supplier(Kevin McCabe,PE)
OGC No. 2015-07455
Page 5
• NOTICE OF RIGHTS
Persons who are not parties to this Order, but whose substantial interests are
affected by it, have a right to petition for an administrative hearing under Sections 120.569 and
120.57, Florida. Statutes. Because the administrative hearing process is designed to formulate
final agency action, the filing of a petition_concernirig this.Order means_that the Department's_ _
final action may be different from the position it has taken in the Order.
The petition for administrative hearing must contain all of the following information:
a) The OGC Number assigned to this Order;
b) The name, address, and telephone number of each petitioner; the name, address, and
telephone number of the petitioner's representative, if any, which shall be the address for
service purposes during the course of the proceeding;
c) An explanation of how the petitioner's substantial interests will be affected by the Order;
d) A statement of when and how the petitioner received notice of the Order;
e) Either a statement of all material facts disputed by the petitioner or a statement that the
petitioner does not dispute any material facts;
f) A statement of the specific facts the petitioner contends warrant reversal or modification of
the Order;
g) A statement of the rules or statutes the petitioner contends require reversal or modification
of the Order; and
h) A statement of the relief sought by the petitioner, stating precisely the action petitioner
wishes the Department to take with respect to the Order.
The petition must be filed (received) at the Department's Office of General Counsel, 3900
Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this
notice. A copy of the petition must also be mailed at the time of filing to the District Office at the
address indicated above. Failure to file a petition within the 21-day period constitutes a person's
waiver of the right to request an administrative hearing and to participate as a party to this proceeding
under Sections 120.569 and 120.57, Florida Statutes. Mediation under Section 120.573, Florida
Statutes, is not available in this proceeding.
•
•
lVllsslon. Rick Scott
7 J!Y
To protect,promote&improve the health r T Governor
of all people in Florida through integrated = r "
• state,county&community efforts. tf�TO John H.Armstrong, MD, FAGS
State Surgeon General&Secretary
Vision:To be the Healthiest State in the Nation
January 14, 2016
City of Miami Beach as Supplier of Water
Eric Carpenter, Assistant City Manager&
Director-of Public Works --
1700 Convention Center Drive
Miami, Beach, FL 33139
SUBJECT: Florida Department of Environmental Protection v. City of Miami Beach as Supplier of
Water,
DOH Permit Number 126648-170- DSGP
OGC File No: 2016-00479
Engineer of Record: Stephen Kutch, PE
Project Name/Applicant: La Gorce Country Club
Permit Expiration Date: October 29, 2008
Mr. Carpenter,
The State of Florida Department of Health for the State of Florida Department of Environmental
Protection ("Department") finds the City of Miami Beach ("Respondent"), as supplier of water placed a
water system into service without department approval or clearance in violation of 62-555.345, F.A.C.
and 403.121(3)(a). Before sending this letter, the Department requested that the Respondent
undertake certain actions to resolve the violation(s). These actions have since been completed.
However, due to the nature of the violation(s), the Respondent remains subject to civil penalties. The
Respondent is also responsible for costs incurred by the Department during the investigation of this
matter.
The Department's Offer
Based on the violations described above, the Department is seeking $ 3000.00 in civil penalties and
$ 500.00 for costs and expenses the Department has incurred in investigating this matter, which
amounts to a total of$3,500.00.
Respondent's Acceptance
If you wish to accept this offer and fully resolve the enforcement matter pending against the
Respondent, please sign this letter and return by February 15, 2016 it to the Department at the
following address:
State of Florida, Department of Health
ATTN: Drinking Water Program
1725 NW 1671 Street
Miami Gardens, Florida 33056
Florida Department of Health www.FloridaHealth.gov
Division of Environmental Health and Engineering TWITTER:HealthyFLA
Miami-Dade County FACEBOOK:FLDepartmentofHealth
• 1725 NW 167th Street, Miami,FL 33056 YOUTUBE:fldoh
PHONE:305/623-3500•FAX 305/623-3502 FLICKR:HealthyFla•
PINTEREST: HealthyFla
.FDOH vs.City of Miami Beach as Water Supplier(Stephen Kutch,P.E.)
OGC No.2016-00479
. Page 2
The Department will then countersign it and file it with a designated clerk of the Department. Once the
document is filed with the designated clerk, it will constitute a final order of the Department pursuant to
Section 120.52(7), F.S. and will be effective unless a request for an administrative hearing is filed by a
third party in accordance with Chapter 120, F.S. and the attached Notice of Rights.
By accepting this offer you:
(1) certify that you are authorized and empowered to negotiate, enter into, and accept the terms of
this offer in the name and on behalf of Respondent;
(2) acknowledge and waive Respondent's right to an administrative hearing pursuant to Sections
120.569 and 120.57, F.S., on the terms of this offer,-once final; - -—
(3) acknowledge and waive Respondent's right to an appeal pursuant to Section 120.68, F.S.; and
(4) acknowledge that payment of the above amount does not constitute a waiver of the
Department's right, if any, to recover emergency response related costs and expenses for this
matter.
The Department acknowledges that the Respondent's acceptance of this offer does not constitute an
admission of liability for the violation(s) referenced above.
Respondent's Performance
After signing and returning this document to the Department,
(1) Respondent must pay$3,500 in full by February 15,2016.
(2) The payment must: (a) be in the form of a cashier's check or money order (b) be payable to
the "Florida Department of Health"; (c) include the DEP Permit Number assigned and (d) be
sent to Florida Department of Health,in Miami Dade County, Environmental Health Division,
1725 NW 167 Street Miami Gardens FL 33056.
The Department may enforce the terms of this document, once final, and seek to collect monies owed
pursuant to Sections 120.69 and 403.121, F.S.
Until clerked by the Department, this letter is only a settlement offer and not a final agency action.
Consequently, neither the Respondent nor any other party may request an administrative hearing to
contest this letter pursuant to Chapter 120, F.S. Once this letter is clerked and becomes a final order
of the Department, as explained above, the attached Notice of Rights will apply to parties, other than
the Respondent, whose interests will be substantially affected.
Electronic signatures or other versions of the parties' signatures, such as .pdf or facsimile, shall be
valid and have the same force and effect as originals. No modifications of the terms of this Order will
be effective until reduced to writing, executed by both Respondent and the Department, and filed with
the clerk of the Department.
Please be aware that if the Respondent declines to respond to the Department's offer, the Department
will assume that the Respondent is not interested in resolving the matter and will proceed accordingly.
If you have any questions, please contact Paul Levelt Andre, P.E. at 305-623-3500 or at
Paul.Andre @flhealth.gov.
Sincerely,
r
Samir Elmir, PE, PhD
Environmental Administrator
• Environmental Health and Engineering
Florida Department of Health
Miami-Dade County
.,FDOH vs.City of Miami Beach as Water Supplier(Stephen Kutch,P.E.)
OGC No. 2016-00479
Page 3
FOR THE RESPONDENT:
[Type or Print Name], HEREBY ACCEPT THE
TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE.
By: Date:
[Signature]
Title:
[Type or Print]
FOR DEPARTMENT USE ONLY
DONE AND ORDERED this day of January, 2016 in Miami-Dade County, Florida.
STATE OF FLORIDA DEPARTMENT
OF HEALTH ON BEHALF OF STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Samir Elmir, PE, PhD
Environmental Administrator
Environmental Health and Engineering
Florida Department of Health
Miami-Dade County
Filed, on this date, pursuant to section 120.52, F.S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
Clerk Date:
Attachments: Notice of Rights
Final clerked copy furnished to:
Lea Crandall, Agency Clerk (Iea.crandalk dep.state.fl.us)
,FDOI T vs. City of Miami Beach as Water Supplier(Stephen Kutch,P.E.)
OGC No.2016-00479
Page 4
NOTICE OF RIGHTS
Persons who are not parties to this Order, but whose substantial interests are
affected by it,have a right to petition for an administrative hearing under Sections 120.569 and
120.57, Florida Statutes. Because the administrative hearing process is designed to formulate
final agency action,the filing of a petition concerning this Order means that the Department's
final action may be different from the position it has taken in the Order.
The petition for administrative hearing must contain all of the following information:
a) The OGC Number assigned to this Order;
b) The name, address, and telephone number of each petitioner; the name, address, and
telephone number of the petitioner's representative, if any, which shall be the address for
service purposes during the course of the proceeding;
c) An explanation of how the petitioner's substantial interests will be affected by the Order;
d) A statement of when and how the petitioner received notice of the Order;
e) Either a statement of all material facts disputed by the petitioner or a statement that the
petitioner does not dispute any material facts;
f) A statement of the specific facts the petitioner contends warrant reversal or modification of
the Order;
g) A statement of the rules or statutes the petitioner contends require reversal or modification
of the Order; and
h) A statement of the relief sought by the petitioner, stating precisely the action petitioner
wishes the Department to take with respect to the Order.
The petition must be filed (received) at the Department's Office of General Counsel, 3900
Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this
notice. A copy of the petition must also be mailed at the time of filing to the District Office at the
address indicated above. Failure to file a petition within the 21-day period constitutes a person's
waiver of the right to request an administrative hearing and to participate as a party to this proceeding
under Sections 120.569 and 120.57, Florida Statutes. Mediation under Section 120.573, Florida
Statutes, is not available in this proceeding.
A Rick Scott
Mission:
Governor
To protect,promote&improve the health
of all people in Florida through integrated <<"I '
state,county&community efforts. John H.Armstrong, MD, FACS
FF.A.LTH State Surgeon General&Secretary
Vision:To be the Healthiest State in the Nation
January 14, 2016
City of Miami Beach as Supplier of Water
Eric Carpenter, Assistant City Manager&
Director of Public Works -
1700 Convention Center Drive
Miami, Beach, FL 33139
SUBJECT: Florida Department of Environmental Protection v. City of Miami Beach as Supplier of
Water,
DOH Permit Number 126648-168-DSGP
OGC File No. 2016-00392
Engineer of Record: Carl L. Skiles, PE
Project Name/Applicant: Nautica Condominum
Permit Expiration Date: May 2, 2008
Mr. Carpenter,
The State of Florida Department of Health for the State of Florida Department of Environmental
Protection ("Department") finds the City of Miami Beach ("Respondent"), as supplier of water placed a
water system into service without department approval or clearance in violation of 62-555.345, F.A.C.
and 403.121(3)(a). Before sending this letter, the Department requested that the Respondent
undertake certain actions to resolve the violation(s). These actions have since been completed.
However, due to the nature of the violation(s), the Respondent remains subject to civil penalties. The
Respondent is also responsible for costs incurred by the Department during the investigation of this
matter.
The Department's Offer -
Based on the violations described above, the Department is seeking $ 3000.00 in civil penalties and
$ 500.00 for costs and expenses the Department has incurred in investigating this matter, which
amounts to a total of$3,500.00.
Respondent's Acceptance
If you wish to accept this offer and fully resolve the enforcement matter pending against the
Respondent, please sign this letter and return by February 15, 2016 it to the Department at the
following address:
State of Florida, Department of Health
ATTN: Drinking Water Program
1725 NW 167t Street
Miami Gardens, Florida 33056
Florida Department of Health www.FloridaHealth.gov
Division of Environmental Health and Engineering TWITTER:HealthyFLA
Miami Dade County FACEBOOK:FLDepartmentofHealth
1725 NW 167th Street, Miami,FL 33056 YOUTHeal fldoh
PHONE:305/623-3500•FAX 305/623-3502 ERES1 :HealthyFla
PINTEREST: HealthyFla
.FDOI;I vs.City of Miami Beach as Water Supplier(Carl L.Skiles,P.E.)
OGC No.2016-00392
Page 2
The Department will then countersign it and file it with a designated clerk of the Department. Once the
document is filed with the designated clerk, it will constitute a final order of the Department pursuant to
Section 120.52(7), F.S. and will be effective unless a request for an administrative hearing is filed by a
third party in accordance with Chapter 120, F.S. and the attached Notice of Rights.
By accepting this offer you:
(1) certify that you are authorized and empowered to negotiate, enter into, and accept the terms of
this offer in the name and on behalf of Respondent;
(2) acknowledge and waive Respondent's right to an administrative hearing pursuant to Sections
120.569 and 120:57, F.S., on the terms of this offer, once final; -— - --
(3) acknowledge and waive Respondent's right to an appeal pursuant to Section 120.68, F.S.; and
(4) acknowledge that payment of the above amount does not constitute a waiver of the
Department's right, if any, to recover emergency response related costs and expenses for this
matter.
The Department acknowledges that the Respondent's acceptance of this offer does not constitute an
admission of liability for the violation(s) referenced above.
Respondent's Performance
After signing and returning this document to the Department,
(1) Respondent must pay $3,500 in full by February 15,2016.
(2) The payment must: (a) be in the form of a cashier's check or money order (b) be payable to
O P Y O Y O P Y
the "Florida Department of Health"; (c) include the DEP Permit Number assigned and (d) be
p ( ) 9 ( )
sent to Florida Department of Health in Miami Dade County, Environmental Health Division,
1725 NW 167 Street Miami Gardens FL 33056.
The Department may enforce the terms of this document, once final, and seek to collect monies owed
pursuant to Sections 120.69 and 403.121, F.S.
Until clerked by the Department, this letter is only a settlement offer and not a final agency action.
Consequently, neither the Respondent nor any other party may request an administrative hearing to
contest this letter pursuant to Chapter 120, F.S. Once this letter is clerked and becomes a final order
of the Department, as explained above, the attached Notice of Rights will apply to parties, other than
the Respondent, whose interests will be substantially affected.
Electronic signatures or other versions of the parties' signatures, such as .pdf or facsimile, shall be
valid and have the same force and effect as originals. No modifications of the terms of this Order will
be effective until reduced to writing, executed by both Respondent and the Department, and filed with
the clerk of the Department.
Please be aware that if the Respondent declines to respond to the Department's offer, the Department
will assume that the Respondent is not interested in resolving the matter and will proceed accordingly.
If you have any questions, please contact Paul Levelt Andre, P.E. at 305-623-3500 or at
Paul.Andre @flhealth.gov.
Sincerely,
Samir Elmir, PE, PhD
Environmental Administrator
Environmental Health and Engineering
Florida Department of Health
Miami-Dade County
FDOI;I vs.City of Miami Beach as Water Supplier(Carl L.Skiles,P.E.)
OGC No.2016-00392
Page 3
FOR THE RESPONDENT:
[Type or Print Name], HEREBY ACCEPT THE
TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE.
By: Date:
[Signature]
Title:
[Type or Print]
FOR DEPARTMENT USE ONLY
DONE AND ORDERED this day of January, 2016 in Miami-Dade County, Florida.
STATE OF FLORIDA DEPARTMENT
OF HEALTH ON BEHALF OF STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Samir Elmir, PE, PhD
Environmental Administrator
Environmental Health And Engineering
Florida Department of Health
Miami-Dade County
Filed, on this date, pursuant to section 120.52, F.S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
Clerk Date:
Attachments: Notice of Rights
Final clerked copy furnished to:
Lea Crandall, Agency Clerk (lea.crandallkdep.state.fl.us)
FDOH vs.City of Miami Beach as Water Supplier(Carl L.Skiles,P.E.)
OGC No.2016-00392
Page 4
NOTICE OF RIGHTS
Persons who are not parties to this Order, but whose substantial interests are
affected by it, have a right to petition for an administrative hearing under Sections 120.569 and
120.57, Florida Statutes. Because the administrative hearing process is designed to formulate
final agency action, the filing of a petition concerning this Order means that the Department's
final action may be different from the position it has taken in the Order.
The petition for administrative hearing must contain all of the following information:
a) The OGC Number assigned to this Order;
b) The name, address, and telephone number of each petitioner; the name, address, and
telephone number of the petitioner's representative, if any, which shall be the address for
service purposes during the course of the proceeding;
c) An explanation of how the petitioner's substantial interests will be affected by the Order;
d) A statement of when and how the petitioner received notice of the Order;
e) Either a statement of all material facts disputed by the petitioner or a statement that the
petitioner does not dispute any material facts;
f) A statement of the specific facts the. petitioner contends warrant reversal or modification of
the Order;
g) A statement of the rules or statutes the petitioner contends require reversal or modification
of the Order; and
h) A statement of the relief sought by the petitioner, stating precisely the action petitioner
wishes the Department to take with respect to the Order.
The petition must be filed (received) at the Department's Office of General Counsel, 3900
Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this
notice. A. copy of the petition must also be mailed at the time of filing to the District Office at the
address indicated above. Failure to file a petition within the 21-day period constitutes a person's
waiver of the right to request an administrative hearing and to participate as a party to this proceeding
under Sections 120.569 and 120.57, Florida Statutes. Mediation under Section 120.573, Florida
Statutes, is not available in this proceeding.
Exhibit 2
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Rick Scott John H.Armstrong,MD
Governor State Surgeon General
July 6,2012
Mike Alvarez
Director of Public Works
City of Miami Beach
1700 Convention Center Drive
Miami Beach,FL 33139
Dear Mr.Alvarez:
Our records indicate that several water main extension projects permitted under the referenced numbers
were or may have been constructed and placed into permanent operation without the required clearance
from the department in violation of the conditions under which the permits was issued.
Chapter 62-555.345 Florida Administrative Code requires that no public water system components
constructed or altered under a permit granted by the department shall be placed into permanent
operation without prior department's approval or clearance. Specifically, Chapter 62-555.345 (5)
Florida Administrative Code requires that "suppliers of water shall ensure that permittees have obtained
written clearance from the department before suppliers of water turn on water to permittees".
By this letter, the department is requesting that you provide documentation to evidence that the attached
listed projects received proper clearance before you turned on the water to the permittees. If the
aforementioned projects have not obtained proper clearance from the department, the permittees shall
return and follow all clearance process to ensure the integrity of the water lines.
I this matter is not resolved immediatel the De,artment will initiate le!al action a_ainst ou which
may result in a fine of up to $3,000.00 and/or other penalties in accordance with Chapter
403.121(3)(a)Florida Statutes.
We look forward for your cooperation to this matter by responding within fifteen (15) days from
the date of receipt of this letter. Failure to comply will leave us with no alternative to proceed as
previously stated.
We do . ank yo 'n advance for your cooperation.
Since rely, ---.
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Pau t !e.-' P.E., CEHP c.'''' .,
Profes donal Engineer Supervisor I
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Tracie Dickerson,Esq. (MDCHD)
Samir Elmir,PhD,PE,DEE,CEHP,Director
*� Environmental Health and Engineering
.. ° Miami-Dade County Health Department
4 ' r� 1725 NW l67t�'Street,Miami Gardens,Florida 33056 `'
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Email: Samir_Elmir @doh.state.fl.us
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,Rick Scott _.,..;... ... _ John H. Armstrong,MD
Governor State Surgeon General
List of Expire Permits
1) Permit Name: Cosmopolitan at the Court at South Beach Permit No. 126648-177-DSGP
Address : Meridian Avenue& 1"Street
Date of Issue: 01/29/2004 Expiration Date: 01/29/2009
2) Permit Name: Regatta Condominiums Permit No. 126648-184-DSGP
Address: 6580 Collins Avenue
Date of Issue: 06/16/2004 Expiration Date: 06/16/2009
3) Permit Name: Nautica Condominium Permit No. 125648-168-DSGP
Address: 5970-5990 Indian Creek Drive
Date of Issue: 05/02/2003 Expiration Date: 05/02/2008
4) Permit Name: Apogee Permit No. 126648-197-DSGP
Address: 800 South Point Drive
Date of Issue: 12/20/2005 Expiration Date: 12/20/2010
5) Permit Name: La Gorce Country Club Permit No. 126648-170-DSGP
Address: 5685 Alton Road
Date of Issue: 10/29/2003 Expiration Date: 10/29/2008
Samir Elmir,PhD,PE,DEE,CEHP,Director
Environmental Health and Engineering _.
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Miami-Dade County Health Department t'
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Email: Samir_Eimir @doh.state.fl.us
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