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HomeMy Public PortalAbout12-8424 Settlement Offer by MDC Department of Health for the Violation of Rule 62-555-345 Sponsored by: City Manager RESOLUTION NO. 12-8424 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ACCEPT THE SETTLEMENT OFFER BY MIAMI-DADE COUNTY DEPARTMENT OF HEALTH (DOH) FOR THE VIOLATION OF RULE 62-555.345, F.A.C. SECTION 403.121(3) (a), RULE 40 CFR 121 SUBPART I, SECTION 403.121(4) (e), RULE 62-550.824(3) (a), F.A.C. AND SECTION 403.121(4) (f) IN THE AMOUNT OF EIGHT THOUSAND DOLLARS ($8,000), PAYABLE FROM ACCOUNT NUMBER 64-533520; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Opa-locka has been issued violations by Miami-Dade County Department of Health (DOH) related to, 1) Certification of Notification of Lead and Copper Tap Sampling Results and Water Main Extension at Port Said Road, and 2) Customer Confidence Report (CCR for 2010) and Water Main Extension at NW 27 Avenue; and WHEREAS, as per Section 403.121(4)(e), the City of Opa-locka failed to submit Certification of Notification of Lead and Copper Tap sampling results for the monitoring period of 2005 through 2007 for water mains at NW 27th Avenue and Port Said Road; and WHEREAS, the City was issued violations regarding the Water Main Extension on NW 27 Avenue, Rule 62 555.345, FAC, and Section 403.121(3)(a), and Rule 62- 550.824(3)(a), F.A.C. and Section 403.121(4)(f), for failure to submit a Customer Confidence Report for the calendar year 2010; and WHEREAS, based on the violations, the DOH is seeking a total settlement of $8,000; and Resolution No. 12-8424 WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City Manager to accept the settlement offer by Miami-Dade County Department of Health(DOH), in the amount of$8,000. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs the City Manager to accept the settlement offer by Miami-Dade County Department of Health (DOH), in the amount of $8,000, as settlement for violation of I)Certification of Notification of Lead and Copper Tap Sampling Results and Water Main Extension at Port Said Road, and 2) failure to submit/distribute Customer Confidence Report(CCR) for 2010, payable from Account Number 64-533520. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 27th day of June, 2012. / YRA/AYLOR MAYOR Attest to: Approved as to form and legal sufficiency ' t Zanna Flores Jo•eph w!Geller ity Clerk C y Attr ey Moved by: s COMMISSIONER HO MES Seconded by: VICE MAYOR JOHNSON Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES b *14 P. LO C'r4 t: ,S, � 0 a 1. A,,o R,0,_ City of Opa-Locka Agenda Cover Memo Commission Meeting 6/27/2012 Item Type: Resolution Ordinance Other Date: x (EnterX in box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (Enter X in box) Yes No (Enter X in box) x Public Hearing: Yes No Yes No (Enter X in box) x x Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No Public Utilities Water (EnterX in box) x Account# #64-533520 Division Contract/P.O.Required: Yes No RFP/RFQ/Bid#: (Enter X in box) X N/A Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) specific objective/strategy this item will address) X Enhance Organizational El Bus.&Economic Dev CI Required for compliance with FDEP Public Safety p Quality of Education El Qual.of Life&City Image El Communcation CI Sponsor Name City Manager Department: Public Works Short Title: Settlement Offer: Department of Health (DOH)vs.City of Opa-locka Staff Summary: The water mains are in operation without certification of construction completion and request for clearance from DOH as required per Rule 62-555.345, F.A.C.,to place water mains into operation.The city of Opa-locka failed to submit the certification of Notification of Lead and Copper tap sampling results for triennial monitoring period of 2005-2007 as required per section 403.121 (4) (e), Florida Statues, and received violation notice dated February 18,2010.The city failed to distribute the Consumer Confidence Report(CCR) for 2010 to the consumer as required per section 403.121 (4) (1), Florida Statues. Dept of Health (DOH),Settlement Offer 1 DOH vs City of opa-locka Proposed Action: Staff recommends approval in order to comply with Department of Health and FDEP Attachment: 1. Agenda 2. 1)Two Letters from Department of Health vs the City of Opa-locka: a) Certificate of Notification of Lead and Cooper Tap Sampling Results and Water Main Extension Port Said Road between NW 135th St&NW 127 St b) Customer Confidence Report(CCR for 2010 and Water Main Extension at NW 27th Ave Dept of Health (DOH),Settlement Offer 2 DOH vs City of opa-locka vD-,ock d 0 OHATE Memorandum TO: Mayor Myra L.Taylor Vice-Mayor Dorothy Johnson Commissioner Timothy Holmes Commissioner Rose Tydus Comm'..sioner Gail Miller FROM: --- ' nie, City Manager DATE: /un a 27 20 • RE: Settlement Offer: Department of Health(DOH)vs. City of Opa-locka Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ACCEPT THE SETTLEMENT OFFER BY MIAMI-DADE COUNTY DEPARTMENT OF HEALTH (DOH) FOR THE VIOLATION OF RULE 62-555.345, F.A.C. SECTION 403.121(3) (a), RULE 40 CFR 121 SUBPART I, SECTION 403.121(4) (e), RULE 62-550.824 (3) (a), F.A.C. AND SECTION 403.121 (4) (f)FOR EIGHT THOUSAND DOLLARS AND ZERO CENTS ($8,000.00)PAYABLE FROM ACCOUNT#64-533520. Description: The construction permits for water mains at NW 27th Avenue and at Port Said Road were issued by the Department of Health (DOH) in 2003 and in 2005 respectively. The water mains are in operation without certification of construction completion and request for clearance from DOH as required per Rule 62-555.345, F.A.C., to place water mains into operation. The city of Opa-locka failed to submit the certification of Notification of Lead and Copper tap sampling results for triennial monitoring period of 2005-2007 as required per section 403.121 (4) (e), Florida Statues, and received violation notice dated February 18, 2010. The city failed to distribute the Consumer Confidence Report (CCR)for 2010 to the consumer as required per section 403.121 (4) (f),Florida Statues. Account Number: #64-533520, Other Expenses, Public Utilities Water Division Financial Impact: $8,000.00,Public Utilities Water Division. Implementation Time Line: ASAP,DOH deadline is July 6, 2012 to accept settlement offer Legislative History: None. Recommendation(s): Staff recommends approval. Dept of Health(DOH),Settlement Offer 1 DOH vs City of Opa-locka Analysis: City staff successfully implemented remedial action plan to meet the requirements of DOH. Water mains pressure tests, bacteriological sampling tests were completed, the water mains were certified by the City Engineer, and the open permits for the water mains were closed in May 2012 in conformance with DOH requirements. The CCR was published and also was submitted to DOH for the year 2010. Attachment: 1)Two Letters from Department of Health vs the City of Opa-locka: a) Certificate of Notification of Lead and Cooper Tap Sampling Results and Water Main Extension Port Said Road between NW 135th St&NW 127 St b) Customer Confidence Report(CCR for 2010 and Water Main Extension at NW 27th Ave PREPARED BY: Mohammad Nasir, PE, Interim Public Works Director END OF MEMORANDUM Dept of Health(DOH),Settlement Offer 2 DOH vs City of Opa-locka FLORIDA DEPART ME NT OF �1 DEALT Rick Scott John H.Armstrong,MD Governor State Surgeon General CERTIFIED MAIL 7099 3400 0014 3413 4859 June 6,2012 City Of Opa-Locka Attn: Mr. Brian Finnie City Manager 780 Fisherman Street, Fourth Floor Opa-Locka, Florida 33054 SUBJECT: Department of Health v. The City of Opa-Locka Certification of Notification of Lead ano Copper Tap Sampling Results and Water Main Extension at Port Said Avenue between NW 135 Street & NW 127 Street (DEP# 1311 1 6-028-DSGP) Mr. Finnic: The State of Florida Department of Health ("Department") finds that The City Of Opa-Locka (Respondent") failed to obtain clearance letters for the Water Main Extension at Port Said Ave between NW 135 Street and NW 127 Street prior to placing the drinking water system into services when the system would not have been eligible for clearance, in violation of Rule 62-555.345, F.A.C. and to submit a Certification of Notification of Lead and Copper Tap Sampling Results in violation of Rule 40 CFR 121 Subpart I, and section 403.121(4)(e), Florida Statutes; 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 tc 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 violation described above, the Department is seeking $ 3,500.00 in civil penalties and $ 500.00 for costs and expenses the Department has incurred in investigating this matter, which amounts to a total of$4.000.00. The civil penalty is apportioned as follow: 1. $3,000.00 for the violation of Rule 62-555.345, F.A.C. and section 403.121(3) (a) Florida Statutes, regarding the Water Main Extension at Port Said between NW 135 Street and NW 127 Street 2. $500.00 for the violation of Rule 40 CFR 121 Subpart I, and section 403.121(4) (e), Florida Statutes, regarding the failure to submit a complete DEP Form 62- 555.900 (16) certification of notification of lead and copper tap sampling results. Samir Elmir.PhD,PE,DEE,CUP.Director Environmental Health and Engineering ` = Miami-Dade County Health Department ,r+r-. 1725 N.W. 167Ih Street,Miami,Florida 33056 Tel:(305)623-3500 Fax: (305)623-3502 n�i�} • Email: Samir_E)mir.'a:dohstate.fl.us Website: i+x w.dadehealth.org DOH vs. City of Opa-Locka Page 2 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 it to the Department at 1725 NW 167 Street , Miami Gardens, Florida 33056 by July 61-, 2012. 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, Mr. Bryan Finnie, City Manager cf the City of Opa-Locka. (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, ES.. 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 S 4,000.00 in full by August 5,2012 (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 Miami Dade County Health Department Environmental Health Division 1725 NW 167 St, Miami Gardens FL 33056. The Department may enforce the terms of this document, cnce 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 apenc 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 petition for an administrative hearing on it. The Petition must contain the information set forth below and 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 Distrct Office named above at the address indicated. Failure to file a petition within the 21 days • DOH vs. City of Opa-Locke Page 3 constitutes a waiver of any right such person has to an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. The petition shall contain the following information: (a) the Department's Consent Order identification number and the county in which the subject matter or activity is located; (b) The name, address, and telephone number of each petitioner; the name, of Rights will apply to parties, other than the Respondent, whose interests will be substantially affected. 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 at 305 623 3500 or at Paul andre(doh.state.fl,us. Sincerely, Samir Elmir, P.E , PhD., CEHP Director Environmental Health and Engineering Miami-Dade County Health Department FOR THE RESPONDENT: 1, [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 r day of , , in County, Florida. STATE OF FLORIDA DEPARTMENT OF HEALTH Samir Elmir, P.E.,PhD,CEHP Director Environmental Health and Engineering • -DOH vs. City of Opa-Locka Page 4 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: Cc: Trade Dickerson, Es.. MDCHD) Legal Department DOH vs. City of Opa-Locka 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 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: a) 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 persons 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 - DOH vs. City of()pa-Lacks Page 6 (This page is intentionally left blank) FLORIDA DhPARTNIF.\T OF Rick Scott HEALTH] John H.Armstrong,MD Governor State Surgeon General CERTIFIED MAIL 7099 3400 0014 3413 4866 June 5,2012 City Of Opa-Locka Attn: Mr, Brian Finnie City Manager 780 Fisherman Street,Fourth Floor Opa-Locka,Florida 33054 SUBJECT: Department of Health v. The City of Opa-Locka Customer Confidence Report (OCR for 2010) and Water Main Extension at NW 27 Avenue (DEP# 131116-020-DSGP) Mr. Finnie: The State of Flonda Department of Health ("Department") finds that The City Of Opa-Locka ('Respondent') failed to obtain clearance letters for the Water Main Extension at NW 27 Avenue prior to placing the drinking water system into services when the system would not have been eligible for clearance, in violation of Rule 62-555.345, F.A.0 and to submit a customer confidence report (CDR) for the calendar year 2010.; 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 responsibe for costs incurred by the Department during the investigation of this matter. The Department's Offer Based on the violation described above, the Department is seeking $ 3,500.00 in civil penalties and $ 500.00 for costs and expenses the Department has incurred in investigating this matter, which amounts to a total of S 4.000.00. The civil penalty is apportioned as follow: 1. $3,000.00 for the violation of Rule 62-555.345, F A.C. and section 403.121(3) (a) Florida Statutes, regarding the Water Main Extension at NW 27 Avenue. 2. $500.00 for the violation of Rule 62-550.824(3)(a), F.A.C. and section 403.121(4) (f), Florida Statutes, regarding the failure to submit a customer confidence report for 2010. Samir Elmir,PhD,PE,DEE,CEHP,Director Envimrunental Health and Engineering nOx '� Miami-Dade Counts Health Department _ #<' 1725 N.W. 167'x'Street,Miami,Florida 33056 Tel:(305)623-3500 Fax: (305)623-3502 koucHealtt, Email: Samir Elmir a,doh.state.fl.us °�— Website: www.dadehealth.org " DOH vs. City of Opa-Locka Page 2 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 it to the Department at 1725 NW 167 Street , Miami Gardens. Florida 33056 by July 5, 2012. 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 untess 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, Mr. Bryan Finnie, City Manager of the City of Opa-Locka. (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 Resoondent'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$ 4,000.00 in full by August 4, 2012 (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 Miami Dade County Health Department Environmental Health Division 1725 NW 167 St, 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 sett ement offer and not a final agency action. Consequently. neither the Resoondent 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 petition for an administrative hearing on ;t. The Petition must contain the informat on set forth below and 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 named above at the address indicated. Failure to file a petition within the 21 days DOH vs. City of Opa-Locka Page 3 constitutes a waiver of any right such person has to an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. The petition shall contain the following information: (a) the Department's Consent Order identification number and the county in which the subject matter or activity is located; (b) The name, address, and telephone number of each petitioner; the name, of Rights will apply to parties, other than the Respondent, whose interests will be substantially affected. 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 at 305 623 3500 or at Paul andre(a?_doh.state.f{.us. Sincerely, r a Samir Elmir, P.E., PhD.. CEHP Director Environmental Health and Engineering 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 , in County, Florida. STATE OF FLORIDA DEPARTMENT OF HEALTH Samir Elmir, P.E., PhD,CEHP Director Environmental Health and Engineering ° DOH vs. City of Opa-Locka Page 4 Filed, on this date, pursuant to section 12032, F.S., with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk Date Attachments: Notice of Rights Final clerked copy furnished to: Cc: Trade Dickerson, Esq;, (MDCHD) Legal Department • xt s tai ! 'Ast DOH vs. City of Opa-Locka 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 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 partic pate 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. „ c. ,: ;; Charlie Crist Ana M.Viamonte Ros,M.D.,M.P.H. Governor State Surgeon General August 20, 2009 Emmanuel Nwaike P.E. PAWA Architects and Engineers 12938 SW 133Rd Court Miami,FL 33186 Section:21 Township: 52 Range:41 Permit No. 131116-020-DSGP Property Address:NW 27th Ave&Vermont St Folio:N/A Date of issue: 10/22/2003 Expiration Date: 10/22i2008 Re: W.M.Replacement at NW 27a Ave Dear Mr.Nwaike: Our records indicate that a permit was issued for the construction of a water main extension at the above referenced property.The permit has since expired;however, the above project was constructed and placed into permanent operation without the department's approval or clearance. 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 approval or clearance. Placing a permitted public water system components into operation without prior clearance from the department constitutes a serious public health concern, and a violation of chapter 62.555 Florida Administrative Code and Chapter 386 Florida Statutes. Therefore, the Department is requesting that you obtain the mandatory permit and clearance or provide evidence that the project has been constructed in conformance with the approsed plans and required clearance given by the Department. If this matter is not resolved immediately the Department will initiate legal action against you, which may result in a fine of up to $ 3.000.00 and/or other penalties in accordance with Chapter 403.121(3)(al 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. If you ha - 'uestions on this matter,please call our office at(305)623-3551. Sincerel _ Paul Leve Pasdre,P.E.,C.E.H.P. Professiona Engineer III CC:Srtmr Emir,PhD.,P.E.,DEE.CEHP(MDCHD) Track Dickerson,Erg-(MAHD) lutiaa aooaholc,P.E. Fagan m7wai,dpciaci Mr(Ops Locks) Samir Elmir,PhD,PE,DEE,CEHP,Director J'"c s” ° Environmental Health and Engineering Miami-Dade County Health Department - 1725 N.W. 167th Street,Miami,Florida 33056 9 --- Tel:(305)623-3500 Fax. (305)623-3502 wnucHe.an Email: Same Elmirgdoh.state.fl.us amommeaur Website: www.dadehealth.org Rick Scott , i 4 t ,It v I ; Gocemor H E A ET H H. Frank Farmer.Jr.,M.D..Ph.D. State Surgeon General February 24, 2012 City Of Opa locka Attn:Mohammad Abu Nasir,P.E. City Engineer 1295o NW 42 Avenue Opa•L.ocka,FL 33054 RE:Port Said Water MAIN Extension Property Address: Port Said-NW 135 St to NW 127 St Permit No.131116•o28-DSCP Date of issue: 9/21/2005 Expiration Date: 9/20/2010 Dear Mr.Nasir Our records indicate that the water main extension project permitted by the department under the general permit referenced above was constructed and placed into permanent operation without the required clearance from the Department in violation of the conditions under which the permit was issued. Chapter 62-555.345 (1) FAC requires that upon completion or substantially completing, the construction of new or altered Public Water System (PWS) components, and before placing the components into operation the permittee shall submit to the Approved County Health Department ( in this case Miami Dade County Health Department)one copy of a completed certification of construction completion using the attached Form 62-555.900(9),Certification of Completion and Request for Clearance to Place Permitted PWS into operation along with all required test results including bacteriological water quality data,pressure and backflow prevention devices.} By this letter,the Department is requesting that you provide documentation to prove that the above project received proper clearance before it was placed into permanent operation. If the aforementioned project has not obtained proper clearance from the department, the permittee shall return and follow all clearance processes to ensure the health and safety of system users and the integrity of the water lines. We look forward for your cooperation to this matter by responding within fifteen(15)days from the date a receiptof this letter. If this matter is not resolved immediately the Department will initiate legal action against you, which may result in a fine of up to S 3,000.00 and/or other penalties in accordance with Chapter 403.121(3)(a)Florida Statutes. If you hay' any questions on this matter,please tali our office at(305)623-3551. Sint rely, Paul :v°{ - re,P.E.,CEHP Profess nal Engineer Supervisor I Cc:Samar Elmir,PE,DEE,CEHP,PhD Trade Dickerson,Esq.(MDCHD) Fritz Armand,P.E. (City of Opa•Lr cka) Samir Elmir,PhD,PE,DE.E,CEHP,Director Environmental Health and Engineering �, "'� Miami-Dade Count} Health Department 1725 N.W. 167`h Street,Miami.Florida 33056 Tel 43051 623 3500 Fax: 1305}623-3502 tawktl..ra Email: Samir ElmirCzdoh.state.n.us ter_ Website: w %.dadehealth.org FLORIDA CE?Aiii,', t 'Jr HEALT , 1 . Charlie Crist Ana M.Viamonte Ros,M.D.,M.P.H. Governor State Surgeon General CERTIFIED MAIL ENGINEERING SECTION RETURN RECEIPT REQUESTED 1725 N.W. 167TH STREET MIAMI,FLORIDA 33056 February 18,2010 Mrs.Jarme Beverly City Manager VIOLATION NOTICE City of Opa Locka 12950 NW 42nd Avenue Opa Locka,Florida 33054, RE: System X131001-(City of Opa-Locka) Lead and Copper Rule(Trennial Monitoring—2005-2007 Years) Submittal of Medium Public Water Systems Population served:between 3,301 and<50,000 - Dear Ms.Beverly: This letter shall serve as a reminder that the subject PWS of the City of Opa-Locka failed to submit the following information with completion of triennial monitoring period of 2005-2007(see also our letter dated November 26,2008). 1) Missing form#62-555-900(16)of PWS certification of Notification of Lead and capper tap sampling results(see attached). 2) Missing certification and signature of authorized laboratory representative(see attached). Please contact Mr.Paul Andre,P.E.in our office to enter into consent agreement following this standing violation. If you have any further questions,please call our office at(30- .23-3554. •cerelyl` r C J. : Bronho ,P.E. JB/p cc: Samir Elmir,P.E.,DCDOH , Paul Andre,P.E.,DCDOH Reinaldo Caballero-DCDOH Feman Thom,PE -City of Locka Judeen Johnson-Proj?Utilities Engineer Lavelle Jenrette, Asst.Dir.Public Works Opatockatiiotation20t0 Samir Elmir,PhD,PE,DEE,CEHP,Director f " '� s Environmental Health and Engineering ism Miami-Dade County Health Department V 1725 Vii.W.167'h Street,Miami.Florida 33056 \.;.. M...,' Tel:(305)623-3500 Fax: (305)623-3502 t t cn Email: Samir_Elmir(a:dohstate.fl.us Website: wuw.dadehealth.org ( kLDA U.'tP:0i 1 ,\T rir j, RXLT Charlie Crist Ana M.Viamonte Ros,M.D.,M.P.N. Governor State Surgeon General CERTIFIED MAIL ENGINEERING SECTION RETURN RECEIPT REQUESTED 1725 N.W. 167TH STREET MIAMI,FLORIDA 33056 January 25, 2010 Daniel Abia,Director Public Works:Utilities,City of Opa Locka WARNING LETTER 12950 NW 42"a Avenue Opa Locka,Florida 33054 RE: System ID#4131001-(City of Opa-Locka) Lead and Copper Rule (Trennial Monitoring—2005-2007 Years) Submittal of Medium Public Water Systems — Population served:between 3,301 and <50,000 Dear Mr. Abia: This letter shall serve as a reminder that the review of the entire file of the subject PWS revealed that the City of Opa-Locka failed to submit the following information with completion of triennial monitoring period of 2005-2007(see also our letter dated November 26, 2008). 1) Complete form#62-555-900(16)of PWS certification of Notification of Lead and copper tap sampling results(see attached). 2) Certification and signature of authorized laboratory representative(see attached). Please respond within 48 hours to avoid commencement of enforcement action. If you have any further questions,please call our office at(305)623-3554. Sine , f c}Jule Br. olc, P.E. JB/'p 1 cc: Sarnir Elmir,P.E., DCDOH Paul Andre,P.E.,DCDOH Reinaldo Caballero-DCDOH Ferran Thorn,PE-City of Locka Judeen Johnson-Projr'Utilities Engineer Lavelle Jenrette,Asst.Dir.Public Works trannmontopaiocka • Samir Elmir,PhD,PE,DEE,CEHP,Director ~{' ` , Environmental Health and Engineering r :" —, Miami-Dade County Health Department i :'y S�, t 1725 N.W. 167th Street,Miami,Florda 33056 ,..._, Tel:(305)623-3500 Fax: (305)623-3502 fal.111EANatb Email: Samir_Elmir,Jdoh.state.11.us a Website: www.dadehealth.org FL,I?!MA ilE?ART IENT CF ' -T-4, HEALTH Charlie Crist Ana M.Viamonte Ros,M.D.,M.P.H. Governor State Surgeon General CERTIFIED MAIL ENGINEERING SECTION RETURN RECEIPT REQUESTED 1725 N.W. 167TH STREET MIAMI,FLORIDA 33056 February 16,2010 Mrs. Jarme Beverly,City Manager City of Opa Locka 12950 NW 42'x'Avenue Opa Locka,Florida 33054 RE: System ID#4131001-(City of Opa-Locka) Lead and Copper Rule(2007 Short Term Revisions) Submittal of Medium Public Water Systems Population served: between 3301 and <50,000 Dear Ms.Beverly: The 2007 short-term Regulatory Revisions and clarifications of Lead and Copper Rule become effective as of December 1,2009. The sections of the Rule affected by the revision are as follows: 141.80; 141.81; 141.83; 141.84; 141.85; 141.86; 141.87; 141.88; 141.89; 141.90; 141.154 For your convenience,please find the amended Lead and Copper Rule and the New Guidelines and Implementations triggered by the 2007 Short-Term Regulatory Revisions Please refer in particular to the changes and new formats to be used in Section 141.85 Public Education and Supplemental Monitoring Requirements and advanced Notification/Approval of Long- Term Treatment addressed in sections: 141.81(b)(3)(iii), 141.86(d)(4)(vii),and 141.86(g)(4)(iii). In addition the Short-Term Revisions also made corresponding change to the reporting requirements in 141.90(a)(3)to require water systems to obtain prior approval from the State to add a new source of water or make any long-term change in water treatment process prior to implementation. If you have any further questions,please call our office at(305)623-3554. Si c2/i. ,Bronh, c,P.E. cc: Samir Elmir,P.E.,DCDOH Paul Andre,P.E.,DCDOH Reinaldo Caballero-DCDOH Feman Thoni,PE-City of Locka Judeen Johnson-Proj/Utilities Engineer Lavelle Jenrette,Asst.Dir.Public Works Qpa ockaviolaeon2010 Samir Elmir,PhD,PE,DEE,CEHP,Director Environmental Health and Engineering ;� Miami-Dade County Health Department C.) 1725 N.W. 167th Street,Miami,Florida 33056 Tel:(305)623-3500 Fax: (305)623-3502 t ticxeatch Email: Samir_Elmir'gdoh.state.fl.us Website; www.dadehealth org