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
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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