Earlier in the month, the Environmental Control Hearing Board of Indian River County issued an order to Damien Gilliams and Bonnie Fey, requiring their establishment, the No Name Sports Bar in Sebastian, to connect to the County’s sewer system by February 8, 2024.
“The Respondents have created a sanitary nuisance pursuant to Sections 386.041(1)(a), (b), and (c), Florida Statutes. The Respondent has used a failing septic system by continuing to run the business where patrons are served drinks and food when the septic system is improperly maintained pursuant to Section 386.041(1)(b), Florida Statutes,” the Order reads.
The Board says the business owners have not taken any steps to remedy the creation of the aforementioned sanitary nuisance.
Damien and Bonnie are facing fines of $500 per day if they do not comply by February 8, 2024. They are ordered to shut down the indoor restrooms and provide a temporary hand washing station next to the outdoor port-a-potty.
The Order reads as follows:
- Respondents shall immediately connect to sewer in compliance with the Notice of Violation.
- Respondents shall perform monthly pump outs so long as the Respondents continue to mitigate all water use on the property and shall provide receipts of the pump outs to the Petitioner until connection to the sewer is achieved and verified by the Petitioner.
- Respondents shall provide a temporary hand washing station next to the portalet (porta-potty) restroom that is on site.
- The Respondent shall pay $500 per day from October 18, 2023 until February 1, 2024 which may be purged by timely connection to sewer in compliance with the Notice of Violation and remediation of any other existing violations in the Notice of Violation, including but not limited to proper abandonment of the septic tank by a septic tank contractor.
- The Board reserves the right to assess a $500 per day sanction for violation of this Order by failure to pump out or with other provisions of this Order besides connection, including a sanction proportionate to staff time on this matter.
- Upon verification of the premises connection to the Indian River County Public Sewer System, the Respondent shall notify the Petitioner so that the case can be scheduled for a hearing in front of the Board.
- The Board retains jurisdiction in this cause to enter such further Orders as may be appropriate.
- Respondent shall appear before the Board on February 8, 2024 at 12:30 p.m. and shall provide evidence of compliance with this Order.
Gilliams argued that if the septic connection exceeds 50 feet, he is exempt from hooking up due to using less than 1,000 gallons of water monthly. He tried to say that he’s now using less water than before since the septic tank failed in March 2023. However, the Board dismissed this argument, referencing water usage of more than 1,000 gallons before the sanitary nuisance. They still ordered him to connect within 100 feet. The hookup is 75 feet away from the business.
Gilliams informed the County Environmental Control Hearing Board that their operation also involves making sandwiches using an outdoor food truck. However, this claim has attracted the City’s attention because a local ordinance prohibits food trucks from being stationed at a business location for more than one day. Their food license is issued by the Florida Department of Health.
The County had directed Gilliams to connect his business to the sewer system as far back as 2019. Despite the City of Sebastian offering grants for such connections in 2020, Gilliams did not apply, as per City officials. The issue persisted until March 2023, when the septic system ultimately failed. He received two 90-day extensions (a total of 6 months) this year to connect to the sewer and address the septic issues. However, he maintained that the sewer hookup was too far to establish a connection.
