June 4, 2013 BCC Public Hearing

1. Solid Waste Management Facility Permit Modification RequestHubbard Construction Companydba Mid-Florida MaterialsDistrict 2 June 4, 2013 BCC Public Hearing

2. Presentation Outline • Communication • Request • Background • Waivers • Recommendation

3. Communication Prior to this afternoon’s hearing, EPD Staff met with Commissioner Brummer to review the staff report and recommendation that is found in your agenda packet.

4. Presentation Outline • Communication • Request • Background • Waivers • Recommendation

5. Request Applicant requests approval to modify an existing permit for a Construction and Demolition (C&D) Debris Disposal Facility (landfill), to allow vertical expansion and transition to a Class III Landfill.

6. Presentation Outline • Communication • Request • Background • Waivers • Recommendation

7. Background Kelly Park Rd Parcel IDs: 14-20-27-0000-00-019, 23-20-27-0000-00-035; Golden Gem Rd (Future) SR 429 SR 441 Plymouth Sorrento Rd Ponkan Rd Haul Routes SR 441

8. Background Kelly Park Crossing Existing Mid-Florida Materials C&D Debris Landfill (Future) SR 429 Apopka Existing Golden Gem Road Class III Landfill Golden Gem Rd Orange County Borrow Pit

9. Background • Operated as a borrow pit since 1960’s • Operated by Hubbard Construction Company as a landfill since mid 1980’s • Incoming waste examined by a trained “spotter” • Authorized solid waste disposed in excavated pits

10. Background Class III Waste not restricted to a particular type of source “not expected to produce leachate which poses a threat to public health or the environment” includes C&D Debris and similar materials (paper, cardboard, cloth, glass, plastic, furniture, etc.) includes processed (cut) tires and regulated asbestos C&D Debris • generally from construction or destruction of a structure • “generally considered not water soluble and non-hazardous in nature” • steel, glass, brick, concrete, roofing, pipe, wallboard, and lumber; also land clearing debris and yard trash

11. Background North 100 acres Cells 7 - 10 South 120 acres Cells 3 - 6

12. Background Proposed Class III Class III above C&D debris in Cells 3-6 soil and top liner final cover no bottom liner Class III waste in Cells 7-10 soil and top liner final cover bottom liner with leachate collection and treatment Permitted C&D continue C&D debris in Cells 3-6 • 2 ft soil final cover • no bottom liner C&D debris in Cells 7-10 • 2 ft soil final cover • no bottom liner C&D Class III C&D C&D C&D Class III

13. Background Proposed Class III 6” weekly cover soil ~ 40+ groundwater wells monitored semiannually quarterly odor and methane monitoring gas vents required for top liner, flares if needed Permitted C&D • no weekly cover • ~ 6 groundwater wells monitored semiannually • “voluntary” quarterly odor monitoring • gas vents and flares only if needed

14. Background Proposed Class III ~ 30 years post-closure maintenance and monitoring no change Permitted C&D • ~ 5 years post-closure maintenance and monitoring • agreement to offer donation of south 120 acres

15. Presentation Outline • Communication • Request • Background • Waivers • Recommendation

16. Waivers • Wekiva Study Area “Presumptive Prohibition” • Third-Party Consultant Review of Cell 3-6 Liner Exemption • Less than 5 Feet Between Landfill Base and Seasonal High Water Table, Cells 7-10 • Final Elevations Above Original Grade • Reduced Setbacks on Southern and Portion of Western Boundary • Reduced Landscape Visual Buffer (Trees) • Plans with Grades Depicted at Lines at 2-foot Instead of 1-foot Contour Interval

17. Waivers • Wekiva Study Area “Presumptive Prohibition” 2004 FS 369 Part III – Wekiva Parkway and Protection Act • construct Wekiva Parkway • protect water resources in Wekiva Study Area (WSA) • Comprehensive Plan Amendments for Wekiva • Study - Siting Solid Waste Facilities in WSA • Chapter 32 Art V amendments • “presumptive prohibition” of both C&D and Class III landfills in all but least vulnerable portions of WSA

18. Wekiva (Floridan) Aquifer Vulnerability Assessment Wekiva RiverProtection Area Primary (“more vulnerable”) Secondary (“vulnerable”) Tertiary (“less vulnerable”) Wekiva Study Area The tendency or likelihood for contaminants to reach the top of the Floridan Aquifer System after introduction at land surface.

19. Waivers • Wekiva Study Area “Presumptive Prohibition” • current C&D permit is “grandfathered” • Class III proposal not “grandfathered” • “The proposed Class III design is more protective of the environment and the FAS [Floridan Aquifer System] …” (regardless of underlying geology) • in South 120 acres • during operational phase with weekly cover • once each Cell is capped with top liner • in North 100 acres • during operational phase with bottom liner • once each Cell is capped with top liner

20. Waivers • Third-Party Consultant Review of Cell 3-6 Liner Exemption • EPD determines if applicant satisfies liner exemption criteria • In making determination, a third-party consultant should be hired to provide a “third opinion” to EPD • Applicant requests, “The FDEP’s review of the subject permit application can be considered a 3rd party review.” • FDEP liner exemption criteria is the same • FDEP approved permit modification in Oct 2012

21. Waivers • Less than 5 Feet Between Landfill Base and Seasonal High Water Table, Cells 7-10 • Code states, “Alternatives to the five-foot layer may be allowed as a waiver providing that equivalent performance criteria is met.” • The proposed bottom geomembrane liner, “… will provide in excess of ‘equivalent’ performance to the impedance of leachate as would have the 5 feet of soil…”

22. Waivers • Final Elevations Above Original Grade • BCC waiver is required for filling above natural grade • BCC can allow up to 50 feet above grade • Historic natural grade varies from 143 ft down to 70 ft (above sea level) • Existing site plan • peaks at 137 ft (above sea level) • has waiver for up to 43 ft above grade at some locations • Proposed site plan • peaks at 168 ft (above sea level) • requests waiver for up to 50 ft above grade at some locations

23. Waivers Historic Natural Grade

24. Waivers Historic Natural Grade Excavation Pit Excavation Pit

25. Waivers Max Allowable by Waiver + 50 ft Historic Natural Grade + 50 ft

26. Waivers Max Allowable by Waiver Permitted C&D Final Grade

27. Waivers Proposed Class III Final Grade Max Allowable by Waiver

28. Waivers PermittedC&D Debris 137 ft peak 120 ft 130 ft 120 ft 70 ft 137 ft Natural High Point at 143 ft

29. Waivers ProposedClass III 168 ft peak 166 ft 168 ft 120 ft 70 ft 145 ft Natural High Point at 143 ft

30. Waivers • Reduced Setbacks on Southern and Portion of Western Boundary • below grade setback is per excavation permit (doesn’t require waiver) • above grade setback by code is 150 ft in these areas • request to reduce to 50 ft in areas adjacent to: • an existing Class III landfill • an Orange County borrow pit

31. Waivers Above grade starting at 50 ft setback (with Class III starting at 100 ft setback) Mid-Florida Materials 0 50 100 150 Existing Golden Gem Road Class III Landfill C&D Class III Orange County Borrow Pit (slope not to scale)

32. Waivers • Reduced Landscape Visual Buffer (Trees) • primarily used as visual buffer with 1 tree / 60 feet • request no trees along property boundary shared with another landfill • existing waiver (for both landfills) Property boundary Mid-Florida Materials

33. Waivers Mid-Florida Materials Areas with reduced landscaping(no trees) Existing Golden Gem Road Class III Landfill

34. Waivers • Plans with Grades Depicted at Lines at 2-foot Instead of 1-foot Contour Interval • Plan sheets more legible • In this instance did not negatively affect ability to review

35. Presentation Outline • Communication • Request • Background • Waivers • Recommendation

36. BCC Action Requested APPROVAL OF MODIFICATION OF THE SOLID WASTE MANAGEMENT FACILITY PERMIT #SW-232027-LFCD-85/1212 TO A CLASS III LANDFILL FOR HUBBARD CONSTRUCTION COMPANY, DBA MID-FLORIDA MATERIALS, WITH WAIVERS AND WITH CONDITIONS, FOR THE CURRENT PERMIT DURATION OF DECEMBER 3, 2017.