86-004866 St. Johns River Water Management District vs. Stanley U. Monds Status: Closed Recommended Order on Monday, September 28, 1987.

Summary: Well contractor's license revoked for repeated failure to comply with well construction standards after repeated directives to correct-equals willfull violation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ST. JOHNS RIVER WATER )

MANAGEMENT DISTRICT , )

)

Petitioner , )

)

vs. ) CASE NO. 86-4866

)

STANLEY U. MONDS , )

)

Respondent. )

___________________________________)

RECOMMENDED ORDER

Pursuant to notice, this cause came on for formal hearing before P. Michael

Ruff, duly designated Hearing Officer, in Jacksonville, Florida, on August 18,

1987. The appearances were as follows:

APPEARANCES

For Petitioner : Wayne E. Flowers, Esquire

St. Johns River Water

Management District

Post Office Box 1429

Palatka, Florida 32078-1429

For Respondent : Stanley U. Monds:

No appearance

This is a license revocation proceeding whereby the St. Johns River Water

Management District (District) seeks to revoke the water well contractor license

and water well driller's registration issued to the Respondent by the District.

The District maintains in essence that revocation is appropriate because of

repeated failures by Respondent to conform to well construction standards and

related rules enacted by the District in connection with the construction of

water wells by the Respondent or wells constructed under his supervision, as

well as incorrect, unlawful abandonment of wells.

At the hearing, after being given approximately one-half hour after the

noticed starting time to appear, the Respondent failed to appear. The Notice of

Hearing was sent to the Respondent at the Respondent's last known address.

At the hearing the Petitioner, St. Johns River Water Management District,

offered the testimony of witnesses Danisse Kemp, J. C. Varnes and James Frazee.

The District also introduced Exhibits 1-15, all of which were admitted into

evidence.

The issue to be resolved in this proceeding concerns whether the Respondent

has committed acts or omissions which constitute violations of the pertinent

provisions of Chapter 373, Florida Statutes, and Chapter 40C-3, Florida

Administrative Code, so as to justify revocation or other disciplinary action

against his licensure status as a water well driller and water well contractor.

FINDINGS OF FACT

1. The State of Florida Department of Environmental Regulation is the

administrative agency of the State of Florida charged with the duty to protect

the water resources of the State and to administer and enforce the Florida Water

Resources Act of 1972, embodied in Chapters 373, Florida Statutes, as well as

the rules promulgated thereunder. The St. Johns River Water Management District

is a unit of government established by Chapter 373, Florida Statutes, also

charged with the duty to administer and enforce that chapter and related rules.

The Department of Environmental Regulation, pursuant to Section 373.103, Florida

Statutes, and Section 317.104(8), Florida Administrative Code, has delegated to

the District the power and authority to administer and enforce Part III of

Chapter 373, Florida Statutes, and the rules and regulations adopted pursuant to

that part which implement it. Those rules are embodied in Chapter 40C-3,

Florida Administrative Code.

2. Stanley U. Monds is a licensed water well contractor licensed by St.

Johns River Water Management District. He has been issued license number 2257.

Mr. Monds is also registered by the District as a "water well driller ." That

registration bears the number 2257.

3. The Respondent on various dates in 1984-1986 contracted to construct

and constructed water wells from which water was to be drawn for drinking or

other domestic purposes, within the geographical boundaries of the District, for

the following named individuals:

WELL OWNER COUNTY YEAR CONSTRUCTED

Ray Howell Clay 1986

Clayton McCumbers Clay 1986

Joe Eddy Nassau 1986

Joe Eddy Nassau 1986

Kevin Brooks Clay 1984

Nancy Harris Duval 1985

Marcus Rhoden Baker 1985

Cecil Hagen Baker 1985

Ken Tenson Baker 1985

Jim Griffis Baker 1985

Tom Scott Baker 1985

Tom Ott Baker 1985

J. Ray Gatlin Baker 1984

J. Ray Gatlin Baker 1984

4. The Respondent never filed "well completion reports" with the District

for these wells, as required by District rules.

5. The Respondent also contracted to construct and constructed wells for

domestic water use, including drinking, located within the geographical

boundaries of the District for the following named individuals and thereafter

filed well completion reports, however, the reports were actually filed more

than 30 days after the wells were completed and thus in violation of District

rules:

COMPLETION

REPORT

WELL OWNER COUNTY DATE COMPLETED FILED

James Hall Clay 3/10/86 5/06/86

Dennis Bennett Duval 6/16/83 5/04/85

Bennett's Hardware Duval 6/17/83 5/23/85

Don Tenbush Clay 1/08/86 10/1/86

6. In March 1986, the Respondent installed a water well for a Mr. Joe Eddy

in Nassau County, Florida. This well was abandoned by the Respondent and a

second well was drilled nearby in June 1986. The Respondent failed to properly

abandon the first well by filling it from top to bottom with grout. The

Respondent was warned of this condition and reminded to correct it by certified

letter sent him by District personnel concerning his improper abandonment of the

first well. He acknowledged receiving that letter in a conversation with

witness J. C. Varnes, a District field representative. The Respondent, however,

refused or failed to later properly abandon the first well by filling it with

grout from bottom to top.

7. In June 1986, the Respondent contracted to construct and did construct

a second water well for the same Mr. Eddy on his property in Nassau County.

That well penetrated multiple aquifers, but the Respondent refused or failed to

complete the well so as to prevent cross-contamination of different aquifers or

water-bearing strata by water of significantly different quality. This should

have been prevented by proper casing of the well which Respondent failed to do.

Further, the Respondent used PVC ( polyvinylchlride) plastic casing instead of

metallic casing in constructing the well and seated the casing by driving it

into the ground which resulted in the plastic casing being cracked. The

Respondent also failed to grout and seal the annular space between the well

casing and the naturally occurring geological formations through which the well

bore passed. Another certified letter was sent him by District personnel

advising him of these violations of District rules which he acknowledged. He

refused or failed to correct the well construction violations, however. Failing

to case a well to the bottom of a well or having cracks in the casing allows

water and/or other materials from one geological strata to enter the casing,

migrate upward or downward and enter aquifers or water-bearing strata at other

levels, thus posing a potential of cross-contamination of different aquifers or

water-bearing strata due to improper "short casing" or due to cracked casing.

8. In 1984, the Respondent constructed a water well for Kevin Brooks on

his property in Clay County, Florida. The well was constructed into an

"unconsolidated aquifer," but the Respondent failed to attach a well screen to

the bottom of the casing as a filtering device, in violation of well

construction standards promulgated by the District.

9. In June 1983, the Respondent contracted to construct and did construct

a well for Bennett's Hardware on its property in Duval County. He failed to

grout and seal the annular space between the well casing and the naturally

occurring geological formations from the bottom to the top of the well in

violation of District well construction standards.

10. In 1984, the Respondent constructed two four-inch water wells for J.

Ray Gatlin on his property in Baker County, Florida. The Respondent failed to

grout and seal the upper three feet of annular space in each of these two wells.

He was sent a certified letter on July 14, 1986, advising him of the

deficiencies in the well construction. He acknowledged receiving that letter in

a conversation with witness J. C. Varnes, but failed to grout the well properly

anyway.

11. Also in 1984, he constructed an eight-inch water well for J. Ray

Gatlin on property in Baker County, Florida. He failed to grout and seal the

annular space between this well's casing and the surrounding geological

formations from the bottom to the top of the casing. He also failed to install

a water tight seal at the top of the well casing. After being sent a certified

letter advising of these violations by District personnel, he acknowledged to

Mr. Varnes once again that he had received that letter. He still failed to

properly grout or seal the well after being so warned. On September 16, 1986,

he was sent a second certified letter which he acknowledged receiving which

instructed him to properly abandon the well. He refused to follow that

instruction.

12. In January 1986, the Respondent constructed a water well for Don

Tenbush on his property in Clay County. He failed to grout and seal the annular

space between the well casing and the geological formation surrounding the

casing in this well from top to bottom. This well penetrated multiple aquifers

or water-bearing zones and yet the Respondent failed to complete the well so as

to prevent potential cross-contamination of different zones or aquifers by water

of significantly different quality. He did not case the well all the way down

to the producing aquifer at the bottom of the well. Here, again, he

acknowledged receiving a certified letter advising him of these violations and

requiring correction and yet failed to correct the violations.

13. The Respondent began construction of a second well for Mr. Tenbush on

the same parcel of property in January 1986 after abandoning the first well

described above. He failed to properly abandon the first well by filling it

from bottom to top with grout. He was notified of that deficiency or failure,

but refused to correct that condition.

14. In constructing the second well for Mr. Tenbush, he refused to or

failed to extend the well casing from the land surface all the way down to the

producing aquifer and to seat it. After being sent a certified letter advising

him of this violation, receipt of which he acknowledged to Mr. Varnes, he again

refused or failed to correct the violation. Both wells drilled by Respondent

for Mr. Tenbush subsequently had to be abandoned by another water well

contractor.

CONCLUSIONS OF LAW

15. The Division of Administrative Hearings has jurisdiction of the

parties to and the subject matter of this proceeding. Section 120.57(1),

Florida Statutes.

16. The Respondent is licensed by the District as a water well contractor

and is registered as a water well- driller by the District and is subject to the

requirements of Part III of Chapter 373, Florida Statutes, and Chapters 4C-3 and

17-20, Florida Administrative Code. Each of the wells referred to in the

complaint were drilled within the geographical boundaries of the St. Johns River

Water Management District. Each of the allegations of the Administrative

Complaint have been substantiated by clear and convincing proof. Ferris vs.

Turlington, _____ So.2d _____ (Fla. 1987), (Case No. 69,561; Fla. Sup. Ct.

7/16/87)

17. Failure to file the subject well completion reports, referenced above,

within 30 days of completion of the wells constitutes a violation of Section

40C-3.411, Florida Administrative Code. The repeated failure by the Respondent

to file well completion reports within the specified time constitutes "willful

disregard of a rule or regulation of the district" justifying revocation of his

contractor's license and driller's registration in this instance, especially in

view of the repeated warnings regarding these and the other violations he was

proven to have committed. See Section 40C-3.0391(4) and 40C-3.752(1)(c),

Florida Administrative Code.

18. The repeated failure by Respondent to construct water wells in

conformance with duly adopted well construction standards of the District, as

outlined in the above Findings of Fact, constitutes gross incompetency in the

performance of work justifying the revocation of his contractor's license and

driller's registration as envisioned by Sections 40C-3.0391(4) and 40C-3.752(c),

Florida Administrative Code.

19. The failure of the Respondent to correct the violations of the well

construction standards delineated in the above Findings of Fact, after having

been repeatedly advised of the violations verbally and in writing and given an

opportunity to correct them, clearly constitutes willful disregard of an order

issued by the District, for purposes of Section 40C-3.0391(2), Florida

Administrative Code.

20. In view of the above Findings of Fact and the evidence of record, the

multiple violations committed and the failure to correct them after a

reasonable, good faith opportunity was extended to him by District personnel to

do so, and upon consideration of the totality of the evidence presented, it is,

therefore

RECOMMENDED that Respondent's water well contractor's license number 2257

issued to the Respondent be revoked and that his water well driller's

registration number 30354 be revoked by Final Order entered by the St. Johns

River Water Management District.

DONE and ORDERED this 28th day of September 1987, in Tallahassee, Florida.

___________________________________

P. MICHAEL RUFF

Hearing Officer

Division of Administrative Hearings

The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

904/488-9675

FILED with the Clerk of the

Division of Administrative Hearings

this 28th day of September 1987.

COPIES FURNISHED:

Wayne E. Flowers, Esquire

St. Johns River Water

Management District

Post Office Box 1429

Palatka, Florida 32078-1429

Stanley U. Monds

Post Office Box 331

Macclenny, Florida 32063

Henry Dean, Executive Director

St. Johns River Water

Management District

Post Office Box 1429

Palatka, Florida 32078-1429

Dale Twachtmann, Secretary

Department of Environmental

Regulation

2600 Blair Stone Road

Tallahassee, Florida 32399-2400