Pursuant to the Florida Electrical Power Plant Siting Act, Sections 403.501-403.519, Florida Statutes, South Broward County Resource Recovery Project, Inc., on behalf of the Broward County Board of County Commissioners (Broward County) filed, on April 8, 1985, an application for power plant site certification for a resource recovery facility and landfill. The statutory scheme calls for both a land use hearing and a certification hearing. This land use portion of the proceeding raises the sole issue of whether the site selected for Broward County's proposed resource recovery facility is consistent and in compliance with existing land use plans and zoning ordinances. At the hearing, Broward County called Thomas M. Henderson, Director of the Office of Resource Recovery for Broward County; Roy H. Groves, Director of Planning, Implementation Division, Broward County Planning Department, who was accepted as an expert in planning-land use and zoning; Josephine Honer, an Assistant Planner, Broward County Office of Planning, who was accepted as an expert in planning-policy analysis of comprehensive plans; and, Diane Moore, Acting Development Management Director, Broward County Office of Planning, who was accepted as an expert in environmental planning-environmental impact analysis. Broward County offered Exhibits 1-32, and they were received into evidence. The Department of Environmental Regulation (DER) called no witnesses, but did offer Exhibits 1-4, which were received into evidence. The Department of Community Affairs (DCA), South Florida Water Management District (SFWMD), and South Broward Citizens for a Better Environment, Inc. (SBC) called no witnesses and offered no exhibits. Sylvia Clements, S. William Grassi, and Bruce A. Head, members of the general public in attendance at the hearing, testified on their own behalf.Recommended certification of part of proposed resource recovery facility and landfill but denial of portion that would affect Ann Kolr Park.

County water utilities department should be permitted to construct septage receiving facility in residential neighborhood due to reasonable assurances.

DER rule which had effect of repealing an exemption granted by statute was invalid exercise of delegated legislative authority.