Environmental Protection Division June 4, 2013 BCC Public Hearing Solid Waste Management Facility Permit Modification Request Hubbard Construction Company

EnvironmentalProtectionDivision

June 4, 2013

BCC Public Hearing

Solid Waste Management Facility Permit Modification Request

Hubbard Construction Companydba Mid-Florida Materials

District 2

Presentation Outline

• Communication

• Request

• Background

• Waivers

• Recommendation

2

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.

3


• Communication

• Request

• Background

• Waivers

• Recommendation

4

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.

5


• Communication

• Request

• Background

• Waivers

• Recommendation

6

Background

7

Go

lden

Gem

Rd

Ponkan Rd

SR 441P

lymo

uth

So

rrento

Rd

(Fu

ture) S

R 429

Kelly Park Rd

SR 441

Haul Routes

Parcel IDs:14-20-27-0000-00-019,23-20-27-0000-00-035;

Background

8

ExistingMid-Florida MaterialsC&D Debris Landfill

ApopkaG

old

en G

em R

d

Kelly Park Crossing(F

utu

re) SR

429

Orange County

Borrow Pit

ExistingGolden Gem Road

Class III Landfill

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

9

10

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

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

Background

Background

North 100 acresCells 7 - 10

South 120 acresCells 3 - 6

11

12

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

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

Background

C&

D

C&

DC

lass

III

Cla

ss II

I

C&

DC

&D

13

Permitted C&D

• no weekly cover

• ~ 6 groundwater wells monitored semiannually

• “voluntary” quarterly odor monitoring

• gas vents and flares only if needed

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

Background

14

Permitted C&D

• ~ 5 years post-closure maintenance and monitoring

• agreement to offer donation of south 120 acres

Proposed Class III

• ~ 30 years post-closure maintenance and monitoring

• no change

Background


• Communication

• Request

• Background

• Waivers

• Recommendation

15

Waivers

1. Wekiva Study Area “Presumptive Prohibition”

2. Third-Party Consultant Review of Cell 3-6 Liner Exemption

3. Less than 5 Feet Between Landfill Base and Seasonal High Water Table, Cells 7-10

4. Final Elevations Above Original Grade

5. Reduced Setbacks on Southern and Portion of Western Boundary

6. Reduced Landscape Visual Buffer (Trees)

7. Plans with Grades Depicted at Lines at 2-foot Instead of 1-foot Contour Interval

16

Waivers


2004 FS 369 Part III – Wekiva Parkway and Protection Act

• construct Wekiva Parkway

• protect water resources in Wekiva Study Area (WSA)

2007 Comprehensive Plan Amendments for Wekiva

2008 Study - Siting Solid Waste Facilities in WSA

2009 Chapter 32 Art V amendments

• “presumptive prohibition” of both C&D and Class III landfills in all but least vulnerable portions of WSA

17

Primary (“more vulnerable”)

Secondary (“vulnerable”)

Tertiary (“less vulnerable”)

Wekiva (Floridan) Aquifer Vulnerability Assessment

The tendency or likelihood for contaminants to reach the top of the Floridan Aquifer System after introduction at land surface.

Wekiva River Protection Area

18

WekivaStudy

Area

Waivers


– 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

19

Waivers

2. 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

20

Waivers

3. 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…”

21

Waivers

4. 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

22

SOUTHNORTH

(slopes not to scale)

Waivers

23

Historic Natural Grade

SOUTHNORTH


Waivers

24

Excavation PitExcavation Pit

Historic Natural Grade

SOUTHNORTH


Waivers

25

+ 50 ftHistoric Natural Grade

Max Allowable by Waiver

+ 50 ft

SOUTHNORTH


Waivers

26

Max Allowable by Waiver

Permitted C&D Final Grade

SOUTHNORTH


Waivers

27

Max Allowable by WaiverProposed Class III Final Grade

Waivers

70 ft

137 ft120 ft

130 ft

120 ft

PermittedC&D Debris

137 ft peak

Natural High Point at 143 ft

28

Waivers

168 ft

166 ft

145 ft120 ft

70 ft

ProposedClass III

168 ft peak

Natural High Point at 143 ft

29

Waivers

5. 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

30

Waivers


Class III Landfill

Mid-Florida Materials

31

Above grade starting at 50 ft setback (with Class III starting at 100 ft setback)

0

C&D Class III

15050 100

Orange County

Borrow Pit(slope not to scale)

Waivers

6. 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

32


Waivers


Class III Landfill

Areas with reduced landscaping(no trees)


33

Waivers

7. 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

34


• Communication

• Request

• Background

• Waivers

• Recommendation

35

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.

36

Documents

Environmental Protection Division June 4, 2013 BCC Public Hearing Solid Waste Management Facility Permit Modification Request Hubbard Construction Company