Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-6 - STANDARDS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS › Part III - Registration of Septic Tank Contractors, Private Provider Inspectors, and Authorization of Partnerships and Corporations › Section 62-6.022 - Standards of Practice and Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) It shall be the responsibility of persons
				  registered under this rule to see that work for which they have contracted and
				  which has been performed by them or under their supervision is carried out in
				  conformance with the requirements of all applicable Florida Statutes and
				  Chapter 62-6, F.A.C. The following actions by a person included under this rule
				  shall be deemed unethical and subject to penalties as set forth in this
				  section. The penalties listed shall be used as guidelines in disciplinary
				  cases, absent aggravating or mitigating circumstances and subject to other
				  provisions of this section.
(a) Providing
				  contracted services without obtaining registration from the Department, failure
				  to obtain a certificate of authorization for a firm which provides contracted
				  services, acting under a name not registered or authorized by the department.
				  First violation, letter of warning or fine up to $500.00; repeat violation,
				  $500.00 fine, or revocation.
(b)
				  Permit violations.
1. Contractor initiates
				  work to install, modify, or repair a system when no permit has been issued by
				  the Department. A permit is issued after construction is started but prior to
				  completion of the contracted work. No inspections are missed. First violation,
				  letter of warning or fine up to $500.00; repeat violation, $500.00 fine and 90
				  day suspension or revocation.
2.
				  Contracted work is completed without a permit having been issued, or no permit
				  application is received until after contracted work was completed, resulting in
				  missed inspection or inspections. First violation, letter of warning or fine up
				  to $1, 000.00; repeat violation, revocation.
(c) Contracting with a delinquent
				  registration. First violation, letter of warning or fine up to $500.00; repeat
				  violation, $500.00 fine or revocation.
(d) Failure to call for required inspections.
				  First violation, letter of warning or fine up to $500.00; repeat violation,
				  letter of warning or fine up to $500.00 and 90 day suspension or
				  revocation.
(e) False payment
				  statements which are the result of assessing charges to a customer for work not
				  performed. First violation, letter of warning or fine up to $500.00; repeat
				  violation, $500.00 fine and one year suspension or revocation.
(f) Failure to reasonably honor a written
				  warranty. First violation, letter of warning or fine up to $500.00; repeat
				  violations, $500.00 fine and one year suspension or revocation.
(g) Abandoning for 30 consecutive days,
				  without good cause, a project in which the contractor is engaged or under
				  contractual obligation to perform. First violation, letter of warning or fine
				  up to $500.00; repeat violation, revocation.
(h) Aiding or abetting evasion of Chapter
				  489, F.S. First violation, letter of warning or fine up to $500.00; repeat
				  violation, $500.00 fine and one year suspension or revocation.
(i) Obtaining registration through fraud or
				  misrepresentation. Revocation and $500.00 fine.
(j) Convicted or found guilty of a crime
				  relating to contracting. Use penalty for violation most closely resembling the
				  act underlying the conviction; repeat violation, revocation.
(k) Practicing fraud or deceit, making
				  misleading or untrue representations. First violation, letter of warning or
				  fine up to $500.00; repeat violation, revocation.
(l) Gross negligence, incompetence, or
				  misconduct which:
1. Causes no monetary or
				  other harm to a customer, or physical harm to any person. First violation,
				  letter of warning or fine up to $500.00; repeat violation, $500.00 fine and 90
				  day suspension or revocation.
2.
				  Causes monetary or other harm to a customer, or physical harm to any person.
				  First violation, letter of warning or fine up to $500.00 and 90 day suspension;
				  repeat violation, $500.00 fine and revocation.
(m) Operating a septage disposal service
				  without a valid Department operating permit. First violation, letter of warning
				  or fine up to $500.00; repeat violation, revocation.
(n) Failure to properly treat or properly
				  dispose of septage, holding tank waste, portable restroom waste, or food
				  service sludge. First violation, letter of warning or fine up to $500.00 per
				  violation of Rule  62-6.010, F.A.C.; repeat
				  violation, revocation.
(o) Failure
				  to maintain completed records of septage treatment and disposal activities.
				  First violation, letter of warning or fine up to $500; repeat violation,
				  $500.00 fine and 90 day suspension or revocation.
(p) Installation, modification, or repair of
				  an onsite sewage treatment and disposal system in violation of the standards of
				  Section  381.0065 or
				   381.00655, F.S., or Chapter
				  62-6, F.A.C. First violation, letter of warning or fine up to $500.00 per
				  specific standard violated; repeat violation, 90 day suspension or
				  revocation.
(q) Creation or
				  maintenance of a sanitary nuisance as defined by Section
				   386.041, F.S. First violation,
				  letter of warning or fine up to $500.00; repeat violation, 90 day suspension or
				  revocation.
(r) Falsifying an
				  inspection report or covering a system in violation of the standards of Rule
				   62-6.003, F.A.C. First
				  violation, letter of warning or fine up to $500.00; repeat violation, 90 day
				  suspension of master septic tank contractor privileges or revocation of
				  registration.
(s) Performing
				  service on an onsite sewage disposal system that is clearly not necessary to
				  improve the function or design of the system without notifying the property
				  owner that such work is optional. First violation, letter of warning or fine up
				  to $500.00; repeat violation, $500.00 fine and one year suspension or
				  revocation.
(t) The absence of any
				  violation from this section shall be viewed as an oversight, and shall not be
				  construed as an indication that no penalty is to be
				  assessed.