vs. ) CASE NO. 76-1217
Respondents. )
This matter came on for final hearing before the undersigned Hearing Officer on September 10, 1976, September 30, 1976 and October 1, 1976, in Tallahassee, Florida. The parties to this proceeding are the Citizens' Committee to Preserve Lake Lafayette, Petitioners and Leon County and the Department of Environmental Regulation, Respondents.
For Petitioner: William C. Harris, Esquire and
For Respondents F. E. Steinmeyer, III, Esquire and Leon County: Edwin Green, Esquire
Department of William P. White, Jr., Esquire Environmental
The issues considered at final hearing were those issues set out in Petitioners' Amended Petition For A Formal Hearing. At the conclusion of the final hearing the parties were given an opportunity to file a proposed recommended order and memorandum in support thereof. Such memorandum and proposed recommended order was received by the Hearing Officer from the Department of Environmental Regulation on November 10, 1976, from Leon County on November 12, 1976, and from the Citizens' Committee to Preserve Lake Lafayette on November 15, 1976.
Having fully considered the matters presented herein, the Hearing Officer enters the following:
Respondent, Leon County, Florida, has applied for a construction permit to construct a sanitary landfill in Sections 4 and 5, Township 1 South, Range 2 East, Leon County, Florida. The proposed site consists of 79.9 acres off of
U.S. Highway 27 South. The application is in proper form and contains all information required by the Department of Environmental Regulation.
The area to be served by the proposed sanitary landfill is Leon County, Florida, with a projected average population of 155,200. The responsible operating authority as set forth in the application is Leon County.
The evidence presented did not establish that the proposed sanitary landfill will attract high concentrations of rodents, insects, or birds which would do serious damage to the land and crops surrounding the site or which would adversely affect the health and welfare of the residents near the site. The application proposes a program for the extermination of any rats discovered on site and further proposes that the working faces of the landfill area will be kept as small as possible with all exposed waste materials covered as frequently as practical to minimize the problem of flies and insects during hot, humid periods.
Evidence was presented indicating that construction of the proposed sanitary landfill site could adversely affect surrounding property value. However, the evidence was not sufficient to conclusively establish the extent of this affect nor the time at which it would occur or for which it would endure.
As designed the proposed sanitary landfill would not cause any solid waste to be disposed of by being placed in or within 200 feet of any natural or artificial body of water or on the watershed of any surface water supply.
Lake Lafayette is hydraulically connected to the Floridan Aquifer. The proposed sanitary landfill site is located at least 500 feet from the flood prone area of Lake Lafayette and 1,000 feet from Lake Lafayette proper.
As designed the proposed sanitary landfill will not cause any solid waste to be disposed of by being placed in a sink hole or in the immediate area thereof. Solid waste will be disposed of by being placed in a trench and covered over with successive lifts similarly covered. There are no active sink holes on or in the immediate area of, the proposed sanitary landfill site. Three ponds exist in the immediate vicinity of the site, one of which is to be used for surface water runoff. These ponds were probably formed by past sink hole activity but from the site topography and water elevations it appears that the ponds are now stable and are probably not hydraulically connected with the Floridan Aquifer.
No limestone or gravel pits exist on site.
The entire proposed site is well above the +50' MSL contour line below which are found flood prone areas in the vicinity of the site.
The water table of the site is more than 5 feet below normal ground surface.
As designed the proposed sanitary landfill will not require the disposal of solid waste in an area immediately adjacent to or within the cone of influence of a public water supply.
As designed the proposed sanitary landfill will not require the disposal of solid waste within 200 feet of any habitation or place of business served by a public water supply system or within 1,000 feet of any habitation or place of business served by an individual potable shallow water supply well with the following exceptions. There are three wells located on the property which would be owned by Leon County that may be within 1,000 feet of the disposal site for solid waste. Of these three wells one has been abandoned and will be sealed. A second is located south of the proposed site at an existing house and will be used as a source of non-potable water and for monitoring the potable aquifer. The third well is located on the northwest portion of the county property and will be maintained as a standby source of potable water. There are two other wells located on the property to be owned by Leon County which are more than 1,000 feet from the proposed disposal site for solid waste and could be used to monitor the Floridan Aquifer. There is a well which serves a private residence and farm located plus or minus 1,200 feet west of the proposed site for the disposal of solid waste.
No solid waste shall be disposed of in any area open to public view from any major thoroughfare. The proposed site in not on any public highway, road, alley or the right-of-way thereof.
The Lake Lafayette drainage basin is approximately six miles long elongated in a west-northwest, east-southeast direction. The width varies between one-quarter to one-half mile. The western end of the basin contains many sink holes which probably have open connections to the underlying bedrock. The eastern end of the basin, near the proposed landfill site, is swampy and contains many cypress trees. The Lake Lafayette drainage basin appears to be an area of recharge to the Floridan Aquifer. The proposed sanitary landfill site is not located in the Lake Lafayette drainage basin.
The engineering firm of Ardaman & Associates, Inc., conducted a subsurface investigation of the hydrologic and soil conditions at the site of the proposed sanitary landfill. As part of their investigation they performed ten soil borings and installed seven deep ground water monitoring wells. The results of the investigation of Ardaman & Associates, Inc., indicates a low probability of sink hole occurrence. In the course of their investigation, Ardaman & Associates, Inc., discovered a depression in the ground water level at Test Hole No. 9. The significance of this ground water low is that it may be a localized area of recharge. However, as shown by the testimony of the engineers who conducted the investigation for Ardaman & Associates, Inc., as well as by the report of their investigation, this depression creates no realistic danger with regard to the introduction of pollutants into the aquifer or ground water supply, so long as no putrescible wastes are placed within a distance of 1,000 feet of Test Hole No. 9. The hydro-geologist testifying on behalf of the Petitioners stated that he believed the radius of influence of the depression at Test Hole No. 9 may actually be less than 1,000 feet and that maintaining 1,000 feet distance from Test Hole No. 9 is a conservative distance. As designed, the proposed sanitary landfill will not dispose of any solid waste or other putrescible waste within 1,000 feet of Test Hole No. 9.
The soils found on the proposed sanitary landfill site are of low permeability and suitable for a sanitary landfill. The low permeability of the soils will limit both the lateral and vertical seepage of leachate. The vertical flow of potential leachate to the Floridan Aquifer has been estimated at a rate of 1.0 to 1.5 feet per year. The lateral flow rate of such leachate through the soils overlying the bedrock in the Lafayette drainage basin has been
estimated at the rate of 2 feet per year. As has been noted above, the proposed sanitary landfill site is located approximately 1,000 feet from Lake Lafayette, and 500 feet from the +50' MSL contour line which has been used to describe the perimeter of the flood prone area of the Lake Lafayette drainage basin. At the estimated flow rate it would therefore take several hundred years for any leachate produced by the sanitary landfill to reach the Lake Lafayette drainage basin. The Floridan Aquifer underlies all of Leon County at depths of 100 to
500 feet.
As designed the proposed sanitary landfill will have test wells constructed throughout the site to provide a means of detecting any lateral migration of contaminants from the landfill operation should such occur. Periodic samples will be taken from these test wells and analyzed. The monitoring wells will be set up in such a manner that regardless of the direction of flow of subsurface water they will pick up and detect any pollutants that may be passing from the landfill. Some of these test wells will be placed in close proximity to the proposed sanitary landfill site to give early warning of the existence of any leachate flow. If there is any problem with the flow of leachate from the proposed site it will be detected easily within the first five years of operation. Since it would take several hundred years to reach the Lake Lafayette drainage basin at the estimated flow rates this should provide adequate warning and reaction time for the alleviation of any potential pollution problem. A significant flow of leachate is not expected.
The existing pond which will receive the surface runoff from the sanitary landfill site is likely of sink hole origin but after a reasonable investigation it appears that the pond is now stable and not hydraulically connected to the Floridan Aquifer. It is estimated that the pond can contain at least a 25 year storm rainfall though there might be some flooding from the pond in a 100 year storm rainfall. As designed, no significant amount of leachate, if any, will reach the surface water runoff retention pond.
Petitioners' hydro-geologist did not state that the site is unsuitable for a sanitary landfill. Rather he testified that on the information he had reviewed, which information was that available to the Department of Environmental Regulation, it was his opinion that the Department of Environmental Regulation lacks sufficient information to determine if the proposed site is suitable from a water quality standpoint. Based upon all the testimony and evidence it appears as a matter of fact that the information available to the Department of Environmental Regulation is reasonably sufficient to determine the suitability of the proposed site.
There has been no showing of a necessity for alining the proposed trenches which will receive the solid waste.
The Planning Director for the Tallahassee-Leon County Planning Department, in a letter to the Department of Environmental Regulation stated that the use of the proposed site for landfill purposes is not inconsistent with the land use plan. He further stated his concern for traffic on U.S. Highway 27, the possible adverse aesthetic impact which he felt could be minimized and his concern that Lake Lafayette be protected from landfill leachate through engineering design.
In their Amended Petition Petitioners raised the question of the present zoning of the proposed site. No evidence was presented by Petitioners to show that the site is not properly zoned.
Based upon the testimony and evidence presented there appears little possibility that the proposed sanitary landfill will pollute or seriously damage Lake Lafayette, the Floridan Aquifer or any other source of public or private water supply. The proposed sanitary landfill as designed is not likely to cause any significant water pollution or to degrade water quality below those standards set by the Department of Environmental Regulation.
None of the prohibitions set out in Section 17-7.04, F.A.C, exist so as to require the denial of the application for a construction permit for a sanitary landfill by Respondent, Leon County.
The sanitary landfill criteria set out in Section 17-7.05, F.A.C., have been met by Respondent, Leon County.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter and persons in this cause.
Chapter 403, Part IV, F.S., provides the statutory authority for regulation of sanitary landfills by the Department of Environmental Regulation. Chapter 17-7, Part I, F.A.C., sets out the administrative rules adopted by the Department of Environmental Regulation for control of sanitary landfills. Subsection 17-7.03(7)(a), F.A.C., states that:
"After January 1, 1975, no resource recovery and management facility or site [such as the proposed site herein] shall be operated, maintained, constructed, expanded, or modified without an appropriate and currently valid permit issued by the department as defined in Chapter 17-4, F.A.C."
Chapter 17-4, F.A.C., is entitled Permits. Subsection 17-4.02(4), F.A.C., defines "Construction Permit" as the:
". . . legal authorization granted by the deparment to construct, expand, modify, or make alterations to any installation and to temporarily operate and test such new or modified installations."
Sub-paragraph (5) of the same subsection defines "Operation Permit" as the: ". . . legal authorization granted by the
department to operate or maintain any installation for a specified period of time."
The permit applied for in this proceeding is a construction permit. As can be seen by the foregoing definitions the permitting process of the Department of Environmental Regulation envisions the permitting or approval of the construction of a facility and then, subsequent to that construction, review of the facility and the permitting or authorization of the operation of the facility.
It does not appear from Chapter 403, Part IV, F.S., nor from Chapter 17-7, Part I, F.A.C., that the Department of Environmental Regulation is required to deny a construction permit for a sanitary landfill because it might cause deterioration of property values of land in the area of the proposed site. Further, as noted in the findings of fact above, it has not been proved that the proposed sanitary landfill will cause serious deterioration of property values.
It does not appear to be the legal responsibility nor, perhaps, within the legal power, of the Department of Environmental Regulation to require the location of a sanitary landfill in the best possible site. Rather, it is the responsibility of the Department of Environmental Regulation to allow the construction of a sanitary landfill only on those sites which are suitable and which meet the requirements of Chapter 403, Part IV, F.S., and Chapter 17-7, Part I, F.A.C. There may be several sites which meet those requirements and it is the responsibility of an applicant to choose which of the sites upon which it wishes to place a sanitary landfill.
The application of Leon County satisfies the requirements of Chapter 403, Part IV, F.S., and Chapter 17-7, Part I, F.A.C., for the issuance of a construction permit for a sanitary landfill.
It is therefore RECOMMENDED that the Department of Environmental Regulation issue a construction permit for the sanitary landfill as applied for by Leon County with such reasonable conditions as the Department of Environmental Regulation may impose.
ENTERED this 14th day of December, 1976, in Tallahassee, Florida.
CHRIS H. BENTLEY
Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
William P. White, Jr., Esquire Department of Environmental Regulation 2562 Executive Center Circle, E. Montgomery Building
Donald W. Weidner, Esquire William C. Harris, Esquire
P. O. Drawer 229 Tallahassee, Florida 32302
F. E. Steinmeyer, III, Esquire
122 S. Calhoun Street Tallahassee, Florida 32301
