BCC Public Hearing for consideration of a Solid Waste Management Facility Permit Modification - and - Special Exception BZA #SE-07 -11 -017, Dec 6, 2007 APPLICANT: Orange County Environmental, LLC (Golden Gem Road Class III Landfill) March 18, 2008 (continued from February 19, 2008)
Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing – Background / Project Data – Maps / Aerial / Site Plan – Staff Findings – Site Photographs – BZA Findings / Recommendation / Conditions • Solid Waste Management Facility Permit Public Hearing • Concurrent BCC Action Request 2
Background CASE: BZA #SE-07 -11 -017 APPLICANT: Golden Gem Landfill REQUEST: Expand landfill operations to include 2. 5 acre parcel for relocation of stormwater retention pond ZONING: A-1 and A-2 TRACT SIZE: 67. 5 acres LOCATION: North end of Planck Road, 1/3 mile north of Ponkan Road; east of Round Lake Road DISTRICT: #2 3
Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing – Background / Project Data – Maps / Aerial / Site Plan – Site Photographs – Staff Findings – BZA Findings / Recommendation / Conditions • Solid Waste Management Facility Permit Public Hearing • Concurrent BCC Action Request 4
Zoning Map 5
Aerial 6
Site Plan Proposed 2. 5 acre site expansion 7
Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing – Background / Project Data – Maps / Aerial / Site Plan – Staff Findings – Site Photographs – BZA Findings / Recommendation / Conditions • Solid Waste Management Facility Permit Public Hearing • Concurrent BCC Action Request 8
Staff Findings 1. CPP Future Land Use Map: Rural ( 1 DU/10 Acres). 2. Proposal: Relocate storm water retention pond in northwest corner of existing 65 acre Class III landfill to new 2. 5 acre parcel due north. Vacated northwest corner to be used for expanded landfill activity. 3. Community meeting held on October 24, 2007. 4. Public Notice: 1 mile radius. 5. Expansion will increase landfill lifespan by one year (from 2010 to 2011). 6. DRC recommended approval on November 14, 2007. 7. BCC approval of Special Exception (Zoning) and Operational Permit (EPD) is required. 9
Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing – Background / Project Data – Maps / Aerial / Site Plan – Staff Findings – Site Photographs – BZA Findings / Recommendation / Conditions • Solid Waste Management Facility Permit Public Hearing • Concurrent BCC Action Request 10
Site Photographs Landfill Expansion Area 11
Site Photographs Northeast Corner of Landfill 12
Site Photographs Landfill Expansion Area 13
Site Photographs South Side of Landfill 14
Site Photographs East Side of Landfill 15
Site Photographs West Side of Landfill 16
Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing – Background / Project Data – Maps / Aerial / Site Plan – Staff Findings – Site Photographs – BZA Findings / Recommendation / Conditions • Solid Waste Management Facility Permit Public Hearing • Concurrent BCC Action Request 17
BZA Findings • Determined request reasonable and a minor change to the overall 65 acre operation • No opposition present at the public hearing • DRC recommended approval 18
BZA Recommendation Approved the Special Exception request in that the BZA found it met the requirements governing Special Exceptions as spelled out in Orange County Code, Section 38 -78, subject to five conditions. (Motion passed unanimously) 19
BZA Conditions 1. Development in accordance with the revised site plan dated October 31, 2007 and the concurrent Development Review Committee conditions of approval, and, all other applicable governmental rules and regulations. Any deviations, changes or modifications to the plan are subject to the Zoning Manager's approval. The Zoning Manager may require the changes be reviewed by the Board of Zoning Adjustment (BZA) for administrative approval or to determine if the applicant's changes require another public hearing; 2. Submit for construction permits to Orange County within two (2) years from the date of Board of County Commission approval, or this approval is null and void; 3. All outdoor lighting in accordance with Chapter 9, and landscaping in accordance with Chapter 24, Orange County Code; 4. Applicant shall develop an Odor Control Plan, to be approved and enforced by the Environmental Protection Division and incorporated as a part of the applicant's Operating Permit, as approved by the Board of County Commissioners; 5. All conditions of approval applicable to the existing landfill shall apply unless superseded by conditions of approval of a later special exception and/or operating permit approval by the Board of County Commissioners. 20
Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Solid Waste Management Facility Permit Public Hearing • Concurrent BCC Action Request 21
Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Solid Waste Management Facility Permit Public Hearing – Request – Background – Waiver Requests – Staff Findings – Recommendation / Conditions • Concurrent BCC Action Request 22
Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Solid Waste Management Facility Permit Public Hearing – Request – Background – Waiver Requests – Staff Findings – Recommendation / Conditions • Concurrent BCC Action Request 23
Request Applicant requests approval of a solid waste facility permit modification to expand a Class III landfill both horizontally and vertically, with associated waivers. 24
Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Solid Waste Management Facility Permit Public Hearing – Request – Background – Waiver Requests – Staff Findings – Recommendation / Conditions • Concurrent BCC Action Request 25
Background • Initial 40 acres site approved by BCC in 1999 • Current permit – approved by BCC on July 12, 2005 – added 25 acres resulting in total of 65 acres site (43 acres waste fill) – expires July 11, 2010 – limited by Condition to a single renewal of up to 3 years • Requesting to: – add a 2. 5 acre parcel (i. e. total of 67. 5 acres site) – relocate a stormwater pond to the 2. 5 acre parcel – expand waste fill area by 2 acres, to 45 acres waste fill – 45 acre waste fill confined to original 65 -acre site 26
Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Solid Waste Management Facility Permit Public Hearing – Request – Background – Waiver Requests – Staff Findings – Recommendation / Conditions • Concurrent BCC Action Request 27
Waiver Requests 1. Above grade elevation up to site’s original single highest point 2. Reduced landscaping along property boundary shared with another landfill 28
Waiver Requests 1. Above Grade Elevation • Requesting elevations above site’s original grade – original elevation varied between: 75 - 143 feet – areas will be up to 37 feet above their original elevation – no areas will exceed the 143 foot original high point • BCC – already approved current permit with waiver for above grade elevation – may grant waivers allowing up to 50 feet above grade • Other factors – creating a plateau on top to make property more useable after closure 29
Waiver Requests 1. Above Grade Elevation Add parcel Add Waste “P la tea u” Original single highest point 30
Waiver Requests 2. Reduced Landscaping • Requesting reduced landscaping – no trees along boundary shared with another landfill • Code requires trees (as visual buffer) – 40 ft apart along streets – 60 ft apart along other boundaries • BCC – already approved under current permit – now being explicitly documented as a waiver 31
Waiver Requests 2. Reduced Landscaping Mid-Florida Materials C/D Golden Gem Road Class III 32
Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Solid Waste Management Facility Permit Public Hearing – Request – Background – Waiver Requests – Staff Findings – Recommendation / Conditions • Concurrent BCC Action Request 33
Staff Findings • DRC Review – Recommended approval subject to six (6) conditions that have been included as permit conditions • BZA Review – Recommended approval of Special Exception subject to five (5) conditions that have been included as permit conditions • EPD Review – Ensured proposal is consistent with Chapter 32 Article V (Solid Waste Management Ordinance) – Community issues 34
Staff Findings Community Issues • Mosquitoes – • proposed pond is designed as dry pond for 100 -yr storm Truck traffic and litter – restricted haul route – operator pays for sheriff patrol – operator clean-up along haul route • Groundwater • Landfill gas (odors) 35
Staff Findings Haul Routes 1 44 Plymouth-Sorrento Rd Golden Gem Road Round Lake Road SR Ponkan Rd 36
Staff Findings Community Issues • Mosquitoes • Truck traffic and litter • Groundwater – allowable Class III wastes are not expected to produce leachate which poses a threat to public health or the environment – spotters inspect every load – EPD inspects monthly – semi-annual groundwater sampling • Landfill gas (odors) – weekly cover as required by Code – 29 landfill gas vents with flares installed – quarterly monitoring for hydrogen sulfide (nuisance odor) 37
Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Solid Waste Management Facility Permit Public Hearing – Request – Background – Waiver Requests – Staff Findings – Recommendation / Conditions • Concurrent BCC Action Request 38
Recommendation / Conditions Staff recommends approval of the permit modification, with waiver for above grade elevation and reduced landscaping, and subject to 18 conditions 39
Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Solid Waste Management Facility Permit Public Hearing • Concurrent BCC Action Request 40
BCC Action Requested APPROVAL OF • THE SOLID WASTE MANAGEMENT FACILITY (CLASS III LANDFILL) PERMIT MODIFICATION FOR GOLDEN GEM ROAD CLASS III LANDFILL (ORANGE COUNTY ENVIRONMENTAL, LLC) WITH CONDITIONS AND WAIVER REQUESTS FOR ABOVE GRADE ELEVATION AND REDUCED LANDSCAPING; CONCURRENTLY WITH • THE SPECIAL EXCEPTION REQUEST CONSISTENT WITH THE BOARD OF ZONING ADJUSTMENT’S RECOMMENDATION SUBJECT TO THE CONDITIONS. 41
BCC Public Hearing for consideration of a Solid Waste Management Facility Permit Modification - and - Special Exception BZA #SE-07 -11 -017, Dec 6, 2007 APPLICANT: Orange County Environmental, LLC (Golden Gem Road Class III Landfill) March 18, 2008 (continued from February 19, 2008)
Supplementary Material
Conditions of Approval (1 -3) 1. In the case of any conflict among these conditions, or between these conditions and applicable laws, the more extensive and restrictive requirements shall apply. 2. All plans, reports and other supporting documents submitted with the permit application, as approved, are incorporated as part of this permit, and operation shall proceed in accordance with these documents and the permit conditions. This permit includes, at a minimum, the following documents: a. b. EPD Completeness Review (CR 1) for Permit Modification: dated April 30, 2007. c. Response to OCEPD and revised application: dated May 22, 2007 and submitted by James E. Golden, P. G. of HSA Golden, Orlando, FL. d. EPD Request for Additional Information: dated November 2, 2007. e. Response to OCEPD and revised application: dated December 14, 2007 and submitted by James E. Golden, P. G. and Adam Helmetes, P. E. of HSA Golden, Orlando, FL. f. 3. Golden Gem Road Landfill Class III Permit modification: dated March 20, 2007 and submitted by James E. Golden, P. G. and James T. Show, P. E. of HSA Golden Orlando, FL. Revised waiver request: received February 6, 2008 and submitted by James E. Golden, P. G. of HSA Golden, Orlando, FL. Facility construction and operations based upon this approval shall comply with all applicable federal, state and county laws, ordinances and regulations, which are incorporated herein by reference, except to the extent any applicable county laws, ordinances and regulations are expressly waived or modified by these conditions, or by action approved by the Board of County Commissioners (BCC), or by action of the BCC.
Conditions of Approval (4 -7) 4. Facility construction and operations shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or his or her authorized agent) to the BCC at the public hearing where this permit was approved, where such promise or representation, whether oral or written, was relied upon by the BCC in approving the permit, could have reasonably been expected to have been relied upon by the BCC in approving the permit, or could have reasonably induced or otherwise influenced the BCC to approve the permit. For purposes of this condition, a “promise” or “representation” shall be deemed to have been made to the BCC by the applicant (or his or her authorized agent) if it was expressly made to the BCC at a public hearing where the permit was considered or approved. 5. Cost estimates for financial assurance shall be revised at least annually and also whenever changes in operation would cause a revised cost estimate to exceed the amount available through the financial assurance mechanism. Cost estimates shall be based upon the time period in the facility operation when the extent and manner of its operation make closing most expensive, subject to Environmental Protection Division (EPD) approval. Waivers 6. A waiver has been approved for elevations of up to 37 feet above grade as indicated on the approved plans. 7. No trees are required along the boundary shared with the adjacent landfill, unless the adjacent site is developed as other than a solid waste management facility in the future.
Conditions of Approval (8 -12) Board of Zoning Adjustment 8. Development in accordance with the revised site plan dated October 31, 2007 and the concurrent Development Review Committee conditions of approval, and, all other applicable governmental rules and regulations. Any deviations, changes or modifications to the plan are subject to the Zoning Manager's approval. The Zoning Manager may require the changes be reviewed by the Board of Zoning Adjustment (BZA) for administrative approval or to determine if the applicant's changes require another public hearing; 9. Submit for construction permits to Orange County within two (2) years from the date of Board of County Commission approval, or this approval is null and void; 10. All outdoor lighting in accordance with Chapter 9, and landscaping in accordance with Chapter 24, Orange County Code; 11. Applicant shall develop an Odor Control Plan, to be approved and enforced by the Environmental Protection Division and incorporated as a part of the applicant's Operating Permit, as approved by the Board of County Commissioners; 12. All conditions of approval applicable to the existing landfill shall apply unless superseded by conditions of approval of a later special exception and/or operating permit approval by the Board of County Commissioners.
Conditions of Approval (13 -16) Development Review Committee 13. Development shall conform to the Golden Gem Class III Landfill Expansion Special Exception dated "Received October 31, 2007"; and to the following conditions of approval. Development based upon this approval shall comply with all applicable federal, state and county laws, ordinances and regulations, which are incorporated herein by reference, except to the extent any applicable county laws, ordinances and regulations are expressly waived or modified by these conditions, or by action approved by the BCC, or by action of the BCC. 14. Billboards and pole signs shall be prohibited. 15. Prior to earthwork or construction, the developer shall provide a copy of the completed National Pollutant Discharge Elimination System (NPDES) Notice of Intent (NOI) form for stormwater discharge from construction activities to the Orange County Environmental Protection Division, NPDES Administrator. The original NOI form shall be sent to the Florida Department of Environmental Protection. 16. A waiver from Section 32 -216(b)(26) that requires that the final elevation at time of closure shall not exceed the original elevation of the site. The current site permit allows the final elevation to match the original existing grade at the southern boundary of the property and to continue north to form a level plateau with a gradual downward slope to allow for drainage, a usable post closure property, and blending with the surrounding topography. The waiver will allow the design of the 2 -acre expansion to continue the existing grading. The top elevation of the proposed expansion shall not exceed the highest elevation of the original elevation of the southern boundary of the property and be designed as shown in the solid waste permit. The waiver request shall be in accordance with Orange County Code Section 32 -214(k).
Conditions of Approval (17) 17. All previous applicable BCC Conditions of Approval dated January 29, 2002, shall apply: a. Obtain landfill permit and submit for construction permits to Orange County within two years from the date of the Board of County Commissioner's approval, or said approval is null and void. b. Subject to all applicable governmental rules and regulations. c. The applicant shall provide additional Sheriff Deputies to patrol Golden Gem Road on an as-needed basis and as authorized by the Sheriff's Office and paid for by FRBM [the operator, Orange County Environmental LLC]. d. Hours of operation shall be Monday through Friday 7 a. m. to 5: 30 p. m. and Saturdays 7 a. m. to 2 p. m. No Sunday operation. e. All conditions of approval applicable to the existing landfill shall apply to this landfill unless superceded by the conditions of approval of a later Class III landfill permit issued by the Board.
Conditions of Approval (18 a-c) 18. The following applicable Class III Landfill Permit Conditions of Approval shall apply: a. Landfill operations shall conform to the Golden Gem Road Landfill Class III Permit Modification Application, on file with the Environmental Protection Division (EPD), and to the following conditions of approval. Landfill operations based on this approval shall comply with all other applicable federal, state, and county laws, ordinances, and regulations, County issued permit and Florida Department of Environmental Protection issued permit numbers SO 48 -0128795007 and SO 48 -0128795 -008, which are all incorporated herein by reference, except to the extent that these laws, ordinances, and regulations are expressly modified by these conditions or by direct or approved action of the Board of County Commissioners (BCC). b. Operations shall be conducted in accordance with the County Solid Waste Ordinance (Section 32, Article V, Orange County Code), the approved application on file with the EPD, dated April 29, 2005, and all applicable Florida Department of Environmental Protection regulations. c. Financial assurance in the amount of $4, 637, 177 will be provided for closure and long-term care by an approved financial instrument prior to permit issuance. The face amount is to be updated annually and kept in force through post closure care to the County's satisfaction, based on then current cost estimate for closure and long term care and on then present conditions of the landfill.
Conditions of Approval (18 d-k) d. A copy of the County landfill permit shall be posted and copy of the approved permit application shall be kept on site and made available for reference by landfill and County personnel. e. The Notice of Prior Use as a landfill form is to be executed and recorded prior to permit issuance. f. Facility shall be open for inspection purposes during normal operating hours and when work is in progress. g. Landscaping must be maintained. h. Slopes of working face shall not exceed 3: 1 slope. Final Slope shall not exceed 4: 1 slope. Maximum working face-lift height shall not exceed 20 feet. Normal face-lift height should be 10 feet. Working face area shall be minimized. i. Access to the site shall be controlled with a 6 -foot-high security chain link fence with locking gates. Gates must be locked when not open for business. Fence and gates must be maintained. j. Warning signs, 3 feet square, posted at each corner of fence, and every 500 feet must be maintained. k. Litter must be controlled on site as well as from vehicles hauling on and off site. Permittee is responsible for clean up within 24 hours.
Conditions of Approval (18 l-r) l. Scale house or gate attendant (with radio contact to other employees) must be positioned to allow observation of incoming and exiting traffic. The truck scales must be calibrated as a minimum every 12 months and the certificate of calibration shall be displayed at the scale house at all times. m. Landfill operator must monitor wastes following the Waste Stream Quality Control Plan included as part of the Operations Plan. n. Discovery of hazardous waste on site requires contacting the Environmental Protection Division immediately. o. Site attendant (spotter) must be present at working face at all times to inspect incoming loads. p. Operator must inspect a minimum of 3 random loads weekly. The EPD inspector may request observation of this inspection process. A logbook must be kept documenting these inspections along with inspector's signature. This logbook must be available for inspection. q. Vehicular traffic for landfill must follow approved roads and stay out of residential areas. Violations of this rule will result in a citation from the County and will require the permittee to send the offending hauler the appropriate warning letter(s). r. Operator shall provide additional Sheriff's deputies to patrol Ponkan Road and Golden Gem Road on an as-needed basis and as authorized by the Sheriff's Office and paid for by the operator.
Conditions of Approval (18 s-y) s. Facility hours of operation are: Monday through Friday: Saturday: t. 7 a. m. to 5: 30 p. m. 7 a. m. to 2 p. m. Waste may not be placed in water. The pit floor is to be graded in accordance with the approved interim stormwater management plan. u. Waste shall be compacted at least once every week. v. Uncontrolled and unauthorized scavenging shall not be permitted. w. Stockpiling of materials to be recycled longer than 6 months is not permitted. x. Cover shall be applied at the end of each workweek. An intermediate cover in addition to the 6 inches initial cover, shall be applied and maintained within 7 days of cell completion. A more frequent cover may be required to control odor or nuisance problems. y. Offsite migration of odors is not permitted. The operator shall conduct daily surveys of the landfill perimeter for objectionable odors and shall log the location, time of day, and observed intensity of any odors detected. Weather information like temperature, wind direction, and wind velocity shall be maintained as part of this log. All records must be available for inspection.
Conditions of Approval (18 z-dd) z. All monitoring wells shall be maintained and sampled as per the approved Groundwater Monitoring Plan. A Groundwater Monitoring Report, sealed by a Florida registered professional engineer or professional geologist, is to be submitted with each sampling event to the EPD. Permittee must notify the EPD 10 days prior to a sampling event. Split samples may be requested. Keys for monitoring wells must be available on site at all times. The EPD may sample wells at any time. aa. Prior to permit issuance, applicant agrees to modify the existing "Agreement to Offer Donation of Real Property, " dated April 3, 2001, “First Amendment To and Restatement of Agreement to Offer Donation”, dated Nov 15, 2005 entered into by and between Florida Road Base Materials, Inc. [Orange County Environmental, LLC] (Owner), and Orange County, to include the 25 2. 5 -acre expansion area, to extend the period of time for the Board of County Commissioners to accept donation of the property from 180 days to 365 days after notification of closure, and to include additional conditions and modifications deemed appropriate by the EPD in consultation with the County Attorney's Office. bb. Development shall be consistent with all Board of Zoning Adjustment approvals including access. cc. The operator shall donate excess wood chips/mulch for private citizen use rather than to commercial landscapers. dd. Special exception for zoning approval shall be for a period of 5 years to run concurrently with landfill permit approval. The BCC, at its discretion, may review the Special exception approval after a period of 2 years to assess any adverse impacts on the surrounding community and determine any required remedies.
Conditions of Approval (18 ee-hh) ee. The site shall be subject to the provisions of the Orange County Code, Sections 32 -211 through 32 -223, as it exists now or as it may be amended from time to time during the life of the permit. ff. The operator shall pay 1/3 of the cost of providing a turn lane onto Golden Gem Road (off Ponkan Road) if and when it is determined to be warranted by the Public Works director. gg. In addition to the groundwater sampling events required by the Solid Waste Landfill Permit, the EPD shall conduct an additional annual sampling event at the owner's expense. hh. Permittee voluntarily agrees that on or before expiration of the permittee may apply for a single renewal not to exceed a period of 3 years.
Sheriff Patrol 18. r. Operator shall provide additional Sheriff's deputies to patrol Ponkan Road and Golden Gem Road on an as-needed basis and as authorized by the Sheriff's Office and paid for by the operator. Each month, the applicant shall deposit $1, 000 (indexed to the Consumer Price Index) into a fund to be managed by Orange County to be used for additional law enforcement service for traffic control in the vicinity of the landfill
BCC Public Hearing for consideration of a Solid Waste Management Facility Permit Modification - and - Special Exception BZA #SE-07 -11 -017, Dec 6, 2007 APPLICANT: Orange County Environmental, LLC (Golden Gem Road Class III Landfill) March 18, 2008 (continued from February 19, 2008)
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