STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: HILLSBOROUGH COUNTY ) RESOURCE RECOVERY PROJECT )

POWER PLANT SITING CERTIFICATION ) CASE NO. 84-2789 APPLICATION PA 84-19 ) (LAND USE HEARING)

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings, on October 22, 1984, in Tampa, Florida. The sole issue for determination at the hearing, pursuant to Section 403.508(2), Florida Statutes, is whether the site selected for Hillsborough County's proposed resource recovery facility is consistent and in compliance with existing land use plans and zoning ordinances.

APPEARANCES

For Hillsborough David S. Dee and Jacob D. Varn County: Carlton, Fields, Ward,

Emmanuel, Smith & Cutler, P.A. Post Office Box 190

410 Lewis State Bank Tallahassee, Florida 32301

For the Department Charles G. Stephens and of Environmental James L. Torres

Regulation: Twin Towers Office Building

2600 Blairstone Road

Tallahassee, Florida 32301

For the Department C. Lawrence Keesey

of Community 2571 Executive Center Circle Affairs: Tallahassee, Florida 32301

For the Greater Thomas Cone Brandon Citizens Blain & Cone, P.A. Alliance: 202 Madison Street

Tampa, Florida 33602 INTRODUCTION

Pursuant to the Florida Electrical Power Plant Siting Act, Sections 403.501

- 403.517, Florida Statutes, Hillsborough County filed, on August 2, 1984, an application for power plant site certification for a resource recovery facility. The statutory scheme calls for both a land use hearing and a certification hearing. This land use portion of the proceeding pertains to the sole issue of whether or not the proposed site conforms with existing land use plans and zoning ordinances.

In support of its position of conformance, Hillsborough County adduced the testimony of seven witnesses and its Exhibits 1-7, 11, 14-17, 19, 20, 27A-G, 30,

31, 34, 36-38, 42, 44, 50, 51, 53, 54, and 56 were received into evidence. Testifying on Hillsborough County's behalf were: Robert Hauser, Jr., an engineer with Camp Dresser & McKee (CDM), who was accepted as an expert witness in the areas of solid waste management disposal, including resource recovery facilities; Dr. Marc Rogoff, the coordinator of the Hillsborough County resource recovery program; Donald F. Elias, the supervisor of the Atmospheric Sciences Division of CDM, who was accepted as an expert in the areas of air pollution, noise, odor, and resource recovery; William Oliver, an engineer who was accepted as an expert in the area of transportation analysis: Gary Engelhardt, Hillsborough County's Zoning Administrator, who was accepted as an expert in zoning and land use planning; James Stutzman, a senior planner at the Hillsborough County City-County Planning Commission, who was accepted as an expert in zoning and land use planning; and Richard Eric Gebring, the district director of the consulting firm of Post, Buckley, Shuh and Jernigan, who was accepted as an expert in zoning and land use planning. Hillsborough County also introduced the deposition testimony of three expert witnesses: Richard Klusza, a real estate appraiser; Paul Darst, a senior planner with the Department of Community Affairs; and David McDevitt, a planner with the Department of community Affairs.

The Department of Community Affairs, the Department of Environmental Regulation and the Southwest Florida Water Management District are parties to this proceeding, pursuant to Section 403.508, Florida Statutes. They stipulated prior to the hearing that they do not dispute Hillsborough County's contention that the proposed project is consistent and compatible with the local land use plan and zoning regulations. The Department of Environmental Regulation introduced one exhibit to establish proof of publication of notice for the land use hearing. The Department of Environmental Regulation and the Department of Community Affairs did not call any witnesses. The Southwest Florida Water Management District did not participate at the land use hearing.

Prior to the hearing, the Greater Brandon Citizens Alliance ("Alliance") filed notice of its intent to be a party. At the hearing, however, the Alliance's counsel presented an opening argument and then withdrew the Alliance's request to be a party. Counsel for the Alliance also explained that the Alliance had voluntarily dismissed with prejudice its lawsuit challenging the validity of the zoning and land use plan for the proposed Hillsborough County resource recovery facility.

One witness testified as a member of the general public. Barbara Stillie, a member of the Board of Directors of the Greater Brandon Chamber of Commerce, testified that the Chamber opposed the proposed facility on the grounds that it would negatively impact the residential and business atmosphere and the orderly and healthy growth of the area.

Subsequent to the hearing, Hillsborough County submitted proposed findings of facts and proposed conclusions of law. The other parties did not submit proposed orders. To the extent that Hillsborough County's proposed findings of fact are not included in this Recommended Order, they are rejected as being not supported by competent substantial evidence adduced at the hearing, irrelevant or immaterial to the issues in dispute or as constituting legal conclusions as opposed to factual findings.

FINDINGS OF FACT

Upon consideration of the oral and documentary evidence presented at the hearing as well as the parties' prehearing stipulations of fact, the following relevant facts are found:

1. Hillsborough County desires to build a resource recovery facility and a wastewater treatment plant on an undeveloped 50 acre parcel of land ("the site") owned by the County and situated in an unincorporated area of Hillsborough County. The site is located approximately 5 miles east of downtown Tampa, 2.5 miles northwest of the unincorporated community of Brandon, 0.6 mile north of State Road 60 and 0.75 mile west of the Interstate 75 by-pass.

   
   

2. The site is an open, grassy pasture with a few trees, and is presently used for grazing. It is not an environmentally sensitive or pristine area. There are no viable wetlands on the site.

   
   

3. The proposed site is bounded by a railroad track on the south, a TECO

   230 KV electric transmission line corridor on the west, Faulkenburg Road and a pipe fabrication facility on the east and approximately 300 acres of improved pastureland on the north. Hillsborough County owns the site, the pasture to the north and the land used by the pipe fabricating facility.

   
   

4. Nine square miles (5600 acres) of land around the site are designated in the local comprehensive plan for industrial development. Approximately 80 percent of the land within one mile of the site is zoned for light industrial use. There are many existing industrial facilities in the area, including a pipe fabrication facility, two cement batch plants, a foundry, a garbage collection company with a garbage truck storage area, an automobile battery manufacturer, a bagging company and an oil reprocessing plant which is on the Environmental Protection Agency national priority list of hazardous waste sites.

   
   

5. Although there are a few homes scattered along Faulkenburg Road, they constitute nonconforming land uses in this industrial district. The resource recovery facility will be built on the western portion of the 50-acre site and will be more than 1700 feet (560 yards) from the nearest home. The nearest residential subdivision, Woodbury Estates, is 4200 feet (.79 mile) away from the resource recovery building. This subdivision is located on the far (east) side of the Interstate 75 by-pass. Since the interstate highway is elevated in this area, it forms a natural dividing line or buffer between the industrial and residential areas.

   
   

   The Resource Recovery Facility and Wastewater Treatment Plant

   
   

6. The primary purpose of the proposed resource recovery facility is to receive solid waste and convert it into electrical power. This "waste to energy" facility will initially have 3 boilers, will dispose of 1200 tons of refuse each day and will produce 29 MW of electricity. A fourth combustion unit will be added in the future. With the fourth unit, the facility will use 1600 tons of refuse each day and produce 39 MW of electricity. Mass burn technology will be used and refuse will be the sole combustion fuel. It would take 280,000 barrels of oil each year to produce the same amount of electricity at a power plant. Over the 20-year life of the facility, Hillsborough County will recover the energy equivalent of 5.6 million barrels of oil. The electricity will be sold to TECO, thus reducing the cost of solid waste management.

7. The resource recovery facility and the .75 MGD (eventually to be increased to 3.0 MGD) wastewater treatment plant will be owned by Hillsborough County and operated by a private company under a 20-year contract. It is intended that the facility and the plant will work as an integrated system. The wastewater treatment plant will provide process and cooling water for the resource recovery plant. No groundwater will be used. The resource recovery plant will dispose of treated effluent from the wastewater treatment plant by evaporation. The wastewater treatment plant will treat the liquid wastes from the resource recovery plant. If approval for the on-site wastewater treatment plant cannot be obtained, effluent from another wastewater treatment facility would be brought to the site. Ash and residue will be taken from the resource recovery plant to the Southeast Hillsborough County Landfill for disposal.

   
   

8. The site development plans for the entire project contemplate that enclosed refuse trucks will enter the facility from Faulkenburg Road. The trucks will be weighed in the scale house area, proceed up a ramp into the enclosed refuse receiving-unloading building and then exit back onto Faulkenburg Road. The facility consists of the refuse receiving-unloading building, the refuse storage and crane area building, the boiler house portion of the building and the air pollution control system and residue processing portions of the building. There will be an administration building, an electrical switch yard and parking areas. The maximum building height is 140 feet (the boiler building) and the maximum elevation on the flue gas stack is 220 feet. Trees and shrubbery will be planted around the site to provide screening and buffering.

   
   

   Local Comprehensive Plan

   
   

9. The Hillsborough county land use map is part of the local comprehensive plan, known as the Horizon 2000 Plan. Prior to February of 1984, the site was designated on the land use map as Light Industrial. The types of uses allowed in such areas are industrial activities that create a minimal degree of impact on the surrounding environment, particularly in terms of non-objectionable levels of noise, vibration, dust or odors. In February of 1984, the land use map was amended so as to change the designation of the proposed site for the resource recovery facility from Light Industrial to "Public/semi-Public." The amendment to the land use map was formally reviewed and approved by four different groups in Hillsborough County. First, the amendment was reviewed and approved by the staff of the Hillsborough County City-County Planning Commission, which reviews all proposed amendments to the comprehensive plan. Second, the amendment was reviewed and approved by the staff of the Department of Development Coordination. The Department of Development Coordination submits comments to the Planning Commission concerning any amendment to the local comprehensive plan. Third, the change was approved by a unanimous vote of the Planning Commission. Finally, it was approved by a unanimous vote of the Board of County Commissioners. The Board found that the proposed site for the resource recovery facility was compatible with the Light Industrial designation contained in the Horizon 2000 Plan, and that the redesignation to Public/Semi- Public was designed to provide notice on the land use map of the existence of a public facility.

   
   

10. The Public/Semi-Public land use designation is used to identify the location of existing or proposed public facilities that have unique significance to the community. For example, this designation is used to identify the location of the Tampa International Airport, the University of South Florida and

    the Hillsborough Heights Landfill. The proposed resource recovery facility and wastewater treatment plant are major public facilities that will provide unique benefits to the citizens of Hillsborough County.

    
    

    Zoning

    
    

11. The proposed site was formerly zoned as Restricted Industry or "M-1A." In May of 1984, zoning on the site was changed to Community Unit District or "C- U." During the review and rezoning process, several public hearings were held and members of the public were provided an opportunity to express their views about the project. The rezoning was reviewed and approved by six different entities or individuals. Specifically, it was approved by the staff of the Planning Commission; the staff of the Department of Development Coordination; various agencies in Hillsborough County, including the Health Department, Traffic Department, and Hillsborough County Environmental Protection Commission; the Zoning Administrator for Hillsborough County; an independent zoning hearing master who conducted an evidentiary hearing; and a unanimous vote of the Board of County Commissioners.

    
    

12. According to the zoning regulations, the purpose of the "C-U" zone is to provide the maximum in development opportunities, subject to reasonable restrictions on height, area, setback, etc. While the "C-U" zone is not limited as to the types of land uses that are permissible, facilities built in a "C-U" zone must be compatible with surrounding land uses. To determine whether the proposed facility will be compatible with other uses of the land surrounding the proposed site, it is necessary to examine the external impacts anticipated from construction or operation of the resource recovery facility.

    
    

    External Impacts

    
    

13. The resource recovery facility and wastewater treatment plant will be one of the most attractive industrial developments in the area. The project has been designed to resemble an office building and the site will have extensive landscaping, including trees, shrubs and berms. The facility will be fully enclosed to minimize noise, odor, dust and other off-site impacts. The impacts associated with the facility will, in most instances, be less than the impacts associated with the existing industrial uses in the area.

    
    

14. The operation of the resource recovery facility will increase noise levels by less than 3 decibels at the nearest residence, which is 1700 feet away from the resource recovery building. An increase of 3 decibels is the limit of perceptibility for the normal person. The noise level at the nearest subdivision, located on the other side of I-75, would not be affected. It would be completely masked by existing noise levels.

    
    

15. The resource recovery facility will not produce any objectionable odors off-site. The refuse will be unloaded in an enclosed area inside the resource recovery building. The unloading ("tipping") area will be under negative air pressure. The air in the tipping area will be drawn into the furnace, and heat in the furnace will destroy any odiferous compounds in the air. No refuse, ash or other material will be stored outside of the building.

    
    

16. The proposed Hillsborough County resource recovery facility must comply with the Florida and national ambient air quality standards. The Clean Air Act expressly states that those standards were established to protect the public health and welfare, with an adequate margin of safety.

17. The proposed facility is designed to minimize any potential air pollution. During normal operating conditions, there will be no smoke emissions from the facility. Less than one percent of the time, during severe wintertime conditions, a trace of a condensation plume at the top of the stack might appear, but it would evaporate quickly. At full operation, the proposed sulphur and sulphur dioxide emissions rate for this facility is 23.1 grams per second. As a comparison, the TECO Big Bend Units 1 through 3 emissions are approximately 8,000 grams per second.

    
    

18. Except during the construction phase, there will be no dust created by the facility itself under normal operating conditions. Entrance roads will be paved and maintained and the facility is enclosed and maintained under negative pressure.

    
    

19. The proposed facility will have very little effect on traffic in the area. Traffic from the resource recovery facility and wastewater treatment plant will comprise less than five percent (5 percent) of the capacity on Faulkenburg Road and less than one percent (1 percent) on State Road 60. The County uses a 5 percent threshold to determine whether there will be a negative impact on traffic. Traffic from the resource recovery facility will have no effect on the peak or rush hour traffic conditions. The proposed facility will generate less traffic and will have less impact on peak hour conditions than a typical light industrial development that could otherwise be built on this site. A site this size associated with light industrial use could typically be expected to generate about 2,650 vehicle trips per day. When the proposed facility is operating at full capacity, approximately 650 vehicle trips per day are anticipated.

    
    

20. The proposed facility will not adversely affect the value of either the existing nearby industrial properties or vacant land in the area. The site surrounding a similar and larger resource recovery facility in Pinellas County is experiencing a great deal of new residential, commercial and industrial development.

    
    

    Additional Facts

    
    

21. The Hillsborough County zoning regulations and comprehensive plan do not expressly designate a particular zoning or land use category for resource recovery facilities. An electrical power plant is one of the uses designated for a "heavy" as opposed to a "light" industrial area. While the proposed facility will burn refuse and produce electricity, it should not be equated to either an incinerator or a power plant because of its technological superiority to a conventional incinerator and its smallness in size as compared to a typical power plant. It will not have the offensive off-site impacts in terms of dust, noise, odor and air pollution that normally occur at an incinerator or power plant.

    
    

22. The Department of Community Affairs (DCA), the Department of Environmental Regulation (DER), and the Southwest Florida Water Management District do not dispute Hillsborough County's contention that the project is consistent and compatible with local zoning regulations and the local comprehensive plan. The DCA has concluded that the project is consistent with the goals, objectives, and policies of the State Comprehensive Plan.

    
    

23. Notice of the land use hearing was published in the Tampa Tribune on September 7, 1984, and also in the Florida Administrative Weekly on September 7 and September 14, 1984.

    CONCLUSIONS OF LAW

    
    

24. The sole issue for determination in this land use portion of the proceeding is whether the proposed Hillsborough County resource recovery facility site is consistent and in compliance with land use plans and zoning ordinances in effect as of the date of the application for power plant site certification. Section 403.508(2), Florida Statutes. There is undisputed, competent substantial evidence of record to demonstrate that the proposed project is in compliance and consistent with the State Comprehensive Plan, the Hillsborough County land use plan and map (the Horizon 2000 Plan) and the local zoning ordinances.

    
    

25. While the local land use map and zoning regulations were changed to accomplish and accomodate this project, it has been demonstrated that the proposed facility, along with its impacts, will be compatible with nearby existing land uses, which are primarily industrial in nature. In terms of noise levels, air pollution, dust, odors, traffic and appearance, the facility will have no greater adverse impact than existing uses of the surrounding areas. The site having been properly classified as Public/Semi-Public and having been rezoned to a Community Unit District, the proposed facility and site are consistent and in compliance with existing land use plans and zoning ordinances.

    
    

    RECOMMENDATION

    
    

26. Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that the Governor and Cabinet, sitting as the Siting Board, enter a Final Order determining that the Hillsborough County proposed resource recovery facility site is consistent and in compliance with existing land use plans, specifically the Horizon 2000 Plan and the State Comprehensive Plan, and existing zoning ordinances.

Respectfully submitted and entered this 9th day of November, 1984.

DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 9th day of November, 1984.

COPIES FURNISHED:

Honorable Bob Graham Governor

State of Florida The Capitol

Tallahassee, Fl. 32301

Honorable Jim Smith Attorney General State of Florida The Capitol

Tallahassee, Fl. 32301

Honorable Doyle Conner Commissioner of Agriculture The Capitol

Tallahassee Fl. 32301

Honorable Ralph Turlington Commissioner of Education The Capitol

Tallahassee, Fl. 32301

Honorable George Firestone Secretary of State

The Capitol Tallahassee, Fl. 32301

Honorable Bill Gunter

State Treasurer and Insurance Commissioner

The Capitol Tallahassee, Fl. 32301

Honorable Gerald Lewis Comptroller

State of Florida The Capitol

Tallahassee, Fl. 32301

David Dee and Jacob Varn, Esquires

P.O. Box 190

410 Lewis State Bank Tallahassee, Fl. 32301

Charles Stephens and James Torres, Esquires Twin Towers Office Building

2600 Blairstone Road

Tallahassee, Fl. 32301

C. Lawrence Keesey, Esquire 2571 Executive Center Circle Tallahassee, Fl. 32301

Thomas Cone, Esquire

202 Madison Street Tampa, Fl. 33602

Karen Lloyd

Southwest Florida Water Management District 5060 U.S. 41 South

Brooksville, Fl. 33512

Steve Tribble, Clerk Public Service Commission

101 East Gaines Street Tallahassee, Fl. 32301

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: HILLSBOROUGH COUNTY )

RESOURCE RECOVERY PROJECT ) CASE NO. 84-2789

POWER PLANT SITING CERTIFICATION ) (SITE CERTIFICATION HEARING) APPLICATION PA 84-19. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings, on November 8, 1984, in Tampa, Florida. The issue for determination at the hearing was whether the application for Power Plant Site Certification filed by Hillsborough County, Florida, for the construction and operation of a resource recovery facility should he approved and site certification granted by the Governor and Cabinet, sitting as the Siting Board.

APPEARANCES

For Hillsborough Jacob D. Varn and David S. Dee County: Carlton, Fields, Ward, Emmanuel,

Smith & Cutler, P.A. Post Office Box 190

410 Lewis State Bank Tallahassee, Florida 32301

For the Department Charles G. Stephens

of Environmental Twin Towers Office Building Regulation: 2600 Blairstone Road

Tallahassee, Florida 32301

For the Department David Jordan

of Community 2571 Executive Center Circle Affairs: Tallahassee, Florida 32301

INTRODUCTION

Pursuant to the Florida Electrical Power Plant Siting Act, Sections 403.501 through 403.517, Florida Statutes, Hillsborough County filed, on August 2, 1984, an application for the construction and operation of a resource recovery facility. The statutory scheme calls for both a land use hearing and a certification hearing. The land use hearing was held on October 22, 1984, and, in a Recommended Order dated November 9, 1984, the undersigned concluded that the proposed site is consistent and in compliance with existing land use plans and zoning ordinances.

At the certification hearing held on November 8, 1984, the parties stipulated that the transcript and exhibits from the prior land use hearing should be included and incorporated as a part of the evidentiary record.

Accordingly, Hillsborough County's Exhibits 1-7, 11, 12, 14-17, 19, 20, 27A-G,

30, 31, 34, 36-38, 42, 44, 50, 51, 53, 54, 56, DER Exhibit 1, and the transcript of the testimony of seven witnesses were accepted into evidence as a portion of the record of this proceeding.

In support of its application for site certification, Hillsborough County adduced the testimony of six witnesses and its Exhibits 27H, 27I, 37, 47, 48, 58, 59, and 60 were received into evidence. Testifying on behalf of the applicant were Robert Hauser, Jr., who was accepted as an expert witness in the areas of solid waste management and disposal, including resource recovery facilities; Dr. Robert Powell, who was accepted as an expert witness in the areas of surface water and groundwater hydrology; Louis R. Tortora, Jr., who was accepted as an expert witness concerning wastewater disposal and treatment facilities; Donald F. Elias, who was accepted as an expert witness in the areas of air pollution, noise, odor, and resource recovery; Clair Fancy, the Deputy Bureau Chief in the DER Bureau of Air Quality Management, who was accepted as an expert in air pollution control and engineering; and Hamilton Oven, Jr., the Administrator of DER's program for power plant siting, who was accepted as an expert concerning power plant siting and the Department's requirements.

The Department of Community Affairs (DCA), the Department of Environmental Regulation (DER), the Public Service Commission (PSC) and the Southwest Florida Water Management District (SWFWMD) are parties to this proceeding, pursuant to Section 403.508, Florida Statutes. The DER and the DCA participated at the hearing, but did not call any witnesses. The DER's Exhibit 2 was received into evidence.

No individual, group or agency spoke in opposition to the project at the site certification hearing. No public witnesses testified at the hearing. No one asked to intervene as a party to the site certification hearing.

Subsequent to the hearing, Hillsborough County submitted proposed findings of fact and proposed conclusions of law. The other parties did not submit proposed orders. To the extent that Hillsborough County's proposed findings of fact are not included in this Recommended Order, they are rejected as being not supported by competent substantial evidence adduced at the hearing, irrelevant or immaterial to the issues in dispute or as constituting legal conclusions as opposed to factual findings.

The following findings of fact and conclusions of law should be considered in conjunction with the Recommended Order dated November 9, 1984, entered by the undersigned Hearing Officer for the land use portion of this proceeding.

FINDINGS OF FACT

Upon consideration of the oral and documentary evidence presented at the hearing, as well as the parties' prehearing stipulations of fact, the following relevant facts are found:

The Site

1. Hillsborough County desires to construct and operate a resource recovery facility and a wastewater treatment plant on an undeveloped 50 acre parcel of land located in an unincorporated area of Hillsborough County. The

   site is an open, improved pasture that is currently used for grazing. Nine square miles surrounding the proposed site are zoned for industrial development. The site is bounded by a railroad track, a TECO 230 KV electric transmission line corridor, a pipe fabrication facility, and improved pasture. There are numerous existing industrial facilities in the area near the site.

   
   

2. The proposed site is presently owned by Hillsborough County. It is not an environmentally sensitive or pristine area. There are no viable wetlands on the site, and it is not in the 100 year flood plain. No rare, threatened or endangered animal or plant species have been detected on the site. No significant archaeological or historical areas have been found on the site.

   
   

   Construction Impacts

   
   

3. Construction of the proposed resource recovery facility is expected to take about 34 months. The subsurface conditions on site are typical of the area and the site is suitable for the planned construction. Access roads, enclosed refuse unloading areas, boilers, cooling towers, air pollution control equipment, and associated facilities will be built. An advanced secondary sewage treatment plant, with a capacity of 3 million gallons per day, will be built on the site after the appropriate permits are issued in a separate permitting proceeding.

   
   

4. Since the site and the surrounding industrial areas have already been disturbed by prior human activities, the construction of the resource recovery facility should not have any adverse impact on the environment or endangered species. There will be some short-term increases in noise and dust during construction, typical of any large construction project. The noise will not adversely affect the industrial neighborhood surrounding the site, and watering is planned for dust depression.

   
   

5. Some small increase in storm water run-off is expected as a result of the removal of vegetation in the construction areas. Several stormwater retention basins will be built to collect, detain and filter stormwater run-off during construction. The basins were designed to comply with all of the applicable DER and SWFWMD requirements. The basins will retain and filter the first 1/2 inch of run-off over a 72-hour period. The basins also will regulate the volume and

   rate of flow of stormwater leaving the site.

   
   

6. Hillsborough County will dewater the area where the refuse bunker will be built. The dewatering activities will not last more than 6 months or adversely affect groundwater conditions. SWFWMD permits are not required for this type of site dewatering. Dewatering the site will not affect wells located off-site, since the maximum draw-down in the water table at the property boundary would range from 1.5 to 3.5 feet.

   
   

7. If necessary, the water collected during the dewatering activities will be filtered through the stormwater basins before it is discharged. The water discharged from the basins will not have any significant impact on the quality or quantity of the water downstream. This discharge will be subject to the conditions of a National Pollutant Discharge Elimination System (NPDES) permit from the United States Environmental Protection Agency.

   
   

8. There will be no dredge and fill activity in connection with the proposed project, and no wells will be installed. There will be no construction on state sovereignty lands, and the County will not use or cross the property of

   any other local, state or federal agency. Hillsborough County will not need any variances to construct or operate the resource recovery facility, and it has certified that the project is consistent with the Florida Coastal Management Program.

   
   

9. Hillsborough County will not build any linear facilities or transmission lines in conjunction with this facility. The site is located adjacent to an existing TECO transmission line corridor, and TECO will connect the resource recovery facility to its transmission line network.

   
   

   Plant Operations

   
   

10. When the resource recovery facility is built, enclosed refuse trucks will deliver municipal solid waste to the facility. The trucks will unload the refuse into the sealed refuse bunker inside the resource recovery facility. The refuse will be deposited by crane in a hopper that leads into the furnace. The refuse will be burned in the furnace to produce heat, which will be used to produce steam in the boiler, which will he used to produce electricity in a turbine generator.

    
    

    Operational Impacts on Water Resources

    
    

11. Hillsborough County will not use any surface or groundwaters at the site to operate the resource recovery plant. The resource recovery facility will use treated effluent from a wastewater treatment plant for cooling and process water. Potable water will be obtained from an existing water main, and no water or injection wells for this project will be required.

    
    

12. There will not be any discharge of liquid waste into any surface or ground waters. Liquid wastes (e.g., blow-down) from the resource recovery plant will be used to wet the ash before it is taken to the county landfill for disposal. Excess liquid waste will go to the wastewater treatment plant.

    
    

13. There is very little chance of any surface or groundwater pollution occurring at the resource recovery plant because the facility does not have any holding ponds, cooling ponds, coal piles, sludge piles, or other typical sources of water pollution. The refuse, ash and residue will be kept in sealed bunkers inside the fully enclosed resource recovery building.

    
    

14. When the resource recovery facility is operating, stormwater run-off at the site will be collected and filtered through stormwater basins. The water discharged from the stormwater basins will not materially affect the quality or quantity of the water downstream.

    
    

    Air Quality

    
    

15. The resource recovery facility is designed to minimize any potential air pollution, and will utilize the best available control technology (BACT). It will not burn hazardous waste or sewage sludge, and will only use municipal solid waste as fuel.

    
    

16. Hillsborough County conducted a detailed study of the existing air quality at the site, which included five years of meteorological data. This

    data was used in a computer model approved by the Environmental protection Agency to calculate the maximum ground-level pollutant concentrations that might occur as a result of the resource recovery facility. Hillsborough County's computer analysis utilized a very conservative approach which was designed to maximize the potential impacts of the proposed facility.

    
    

17. The potential emissions and impact of many pollutants were evaluated. The analyses show that the maximum predicted emissions from the proposed resource recovery facility are far below all of the applicable air quality standards. Other analyses demonstrated that the emissions from the facility would not adversely affect sensitive receptors, such as the Class I Chassahowitzka National Wilderness Area, or other air quality related values, such as soils, vegetation and visibility.

    
    

18. State and federal law require Hillsborough County to utilize the best available control technology. In this case, a high efficiency electrostatic precipitator will be used to control particulate matter and certain metals. The design of the facility and good operating procedures will control the emissions of carbon monoxide and nitrogen oxides. Sulfur dioxide emissions will be limited by burning only municipal solid waste, a low sulfur content fuel.

    
    

    Benefits of the Resource Recovery Facility

    
    

19. Hillsborough County's "waste to energy" facility will dispose of solid waste and produce electricity. Initially, it will dispose of 1200 tons of refuse each day and produce 29 megawatts (MW) of electricity. After it is expanded in the future, the resource recovery plant will dispose of 1600 tons of refuse each day and produce 39 MW of electricity.

    
    

20. By producing electricity from solid waste instead of fossil fuel, Hillsborough County will conserve non-renewable resources. Over a 20 year operational period, the energy equivalent of 5.6 million barrels of oil will be recovered, representing a savings of $156 million. When burning 1600 tons of refuse per day, the County will recover the energy equivalent of 150,000 tons of coal each year.

    
    

21. Burning the refuse reduces its volume by 90 percent. By reducing the volume of material to be landfilled, the resource recovery facility will eliminate the need for approximately 17.5 million cubic yards of space at landfills.

    
    

22. The proposed resource recovery facility will utilize mass burn" technology, a technology proven to be a reliable form of resource recovery at a great number of facilities located throughout the world. Hillsborough County has conducted several studies which show that the proposed mass burn resource recovery facility is the most reliable, cost effective method of long-term solid waste disposal for Hillsborough County.

    
    

    Agency Recommendations

    
    

23. Pursuant to Section 403.519, Florida Statutes, the Florida Public Service Commission (PSC) made an affirmative determination that there is a need for the resource recovery facility. Noting that Congress and the Florida Legislature have encouraged such facilities because they constitute alternative sources of power which displace the production of electricity with non-renewable fossil fuels, the PSC found that the proposed resource recovery facility:

    "will increase electrical system reliability and integrity and will maintain the supply of adequate electricity at a reasonable cost while reducing our dependence on fossil fuel."

    
    

24. The Florida Department of Commerce reviewed the proposed project and concluded that:

    
    

    "In addition to its efficient use of solid waste, this project has the secondary benefit of improving the image of the Tampa Bay Area as a good location for high technology industry. When our Development Representa- tives are conducting plant site tours in Hillsborough County, this project will be a visible example of an efficient use of resources by local government.

    
    

    The Hillsborough County Resource Recovery Project is consistent with the goals and programs of the Florida Department of Commerce."

    
    

25. The Tampa Bay Regional Planning Council (TBRPC) found that the project is consistent with the TBRPC's adopted growth policy. The proposal also is consistent with the TBRPC policy of encouraging research, development and implementation of resource recovery.

    
    

26. The Florida Department of Community Affairs evaluated the proposed project and concluded that it is consistent with the goals, objectives and policies of the State Comprehensive Plan.

    
    

27. The Southwest Florida Water Management District determined that the project will comply with all of the applicable SWFWMD requirements, including the requirements for stormwater basins, site dewatering, and the consumptive use of water. Since SWFWMD encourages the reuse of water, SWFWMD also endorsed Hillsborough County's plan to reuse water at the resource recovery facility.

    
    

28. The Department of Natural Resources (DNR) concluded that the project would not affect any state lands. The DNR and the Florida Game and Fresh Water Fish Commission had no comments concerning the project.

    
    

29. The Hillsborough County Environmental Protection Commission reviewed the plans for the proposed project and raised several potential issues. Those issues were considered by the Department of Environmental Regulation and addressed in the proposed conditions of site certification.

    
    

30. The Department of Environmental Regulation coordinated the agency review process for this facility. Based on its independent evaluation and the reports submitted to it by the various agencies that reviewed the proposed project, the DER concluded that Hillsborough County has given reasonable assurances that the resource recovery project will comply with all of the applicable environmental rules and regulations. For this reason, DER recommended in its report, and stipulated prior to the site certification

    hearing, that the project should be approved, subject to the conditions of site certification that are attached to this Recommended Order. DER also stipulated that the project is consistent with the Florida Resource Recovery and Management Act, Chapter 403, Part IV, Florida Statutes 1983).

    
    

31. Notice of the site certification hearing was published in the Tampa Tribune on October 6, 1984. Notice was also published in the Florida Administrative Weekly on October 5, 1984, in Volume 10, Number 40. A news release was given to the Florida Information Bureau in Tallahassee on October 8, 1984.

    
    

    CONCLUSIONS OF LAW

    
    

32. Adequate and sufficient notice of the site certification hearing has been given to all parties and to the general public. Sections 403.501 through 403.517, Florida Statutes, known as the "Florida Electrical Power Plant Siting Act," governs this proceeding. In a statement of legislative intent, Section

    403.502 provides:

    
    

    "It is the policy of this state that, while recognizing the pressing need for increased power generation facilities, the state shall ensure through available and reasonable methods that the location and operation of electrical power plants will produce minimal adverse effect on human health, the environment, the ecology of the land and its wildlife, and the ecology of state waters and their aquatic life. It is the intent to seek courses of action that will fully balance the increasing demands for electrical power

    plant location and operation with the broad interests of the public."

    
    

    When performing this balancing test, recognition is to be given to the need for abundant, low cost electrical energy; assurances that the operational safeguards of the facility are technically sufficient to protect the citizens of Florida; and a reasonable balance between the need for the facility and the environmental impacts resulting from the construction and operation of the facility. Section 403.502, Florida Statutes.

    
    

33. In this proceeding, the applicant has demonstrated by competent, substantial evidence that its proposed resource recovery facility will provide abundant, low cost electrical energy and, at the same time, reduce the cost of solid waste management. The construction and operational safeguards have also been demonstrated to be technically sufficient for the welfare and protection of the citizens of Florida. The construction and operation of the facility, if performed in accordance with the terms of the application and the proposed conditions of certification, will not adversely affect the quality or quantity of surface water or ground water at or near the site, or otherwise contribute to a violation of water quality standards. Likewise, if the facility is built and constructed in accordance with the application and in compliance with the conditions of site certification, it will meet all state and federal ambient air quality standards. Hillsborough County has stipulated that it accepts and can and will comply with the proposed conditions of site certification. Thus, the balance between the need for the facility and the environmental impact from construction and operation of the facility has been achieved.

34. All of the reports, studies and comments required by Section 403.507, Florida Statutes, have been completed and presented to the Department of Environmental Regulation. All such reports and comments, including those from local and regional agencies, were favorable to the certification of the proposed resource recovery plant. The proposed project has been demonstrated to be in compliance with all applicable environmental rules and regulations and with other state laws. The Department of Environmental Regulation has recommended certification of the facility at its ultimate capacity of 39 MW, subject to the conditions of certification attached to this Recommended Order. In summary, it is concluded that the construction and operation of the resource recovery facility at the proposed site will comply with all applicable statutes, rules, regulations and criteria of the State of Florida and, therefore, is entitled to certification, with conditions, pursuant to Chapter 403, Florida Statutes.

RECOMMENDATION

Based upon the entire record in this proceeding and the findings of fact and conclusions of law contained in this Recommended Order, it is

RECOMMENDED that Hillsborough County be granted certification by the Governor and Cabinet, sitting as the Siting Board, for the location, construction and operation of the proposed resource recovery facility at its ultimate site capacity of 39 megawatts, subject to the conditions of site certification attached to this Recommended Order as Appendix "A".

Respectfully submitted and entered this 28th day of November, 1984, in Tallahassee, Florida.

DIANE D. TREMOR

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 28th day of November, 1984.

COPIES FURNISHED:

Honorable Rob Graham Governor

State of Florida The Capitol

Tallahassee, Fla. 32301

Honorable Jim Smith Attorney General State of Florida The Capitol

Tallahassee, Fla. 32301

Honorable Doyle Conner Commissioner of Agriculture The Capitol

Tallahassee, Fla. 32301

Honorable Palph Turlington Commissioner of Education The Capitol

Tallahassee, Fla. 32301

Honorable George Firestone Secretary of State

The Capitol

Tallahassee, Fla. 32301

Honorable Bill Gunter

State Treasurer and Insurance Commissioner

The Capitol

Tallahassee, Fla. 32301

Honorable Gerald Lewis Comptroller

State of Florida The Capitol

Tallahassee, Fla. 32301

David Dee and Jacob Varn, Esquires

P.O. Box 190

410 Lewis State Bank Tallahassee, Fla. 32301

Charles Stephens and James Torres, Esquires Twin Towers Office Building

2600 Blairstone Road

Tallahassee, Fla. 32301

C. Lawrence Keesey and David Jordan, Esquires 2571 Executive Center Circle

Tallahassee, Fla. 32301

Thomas Cone, Esquire

202 Madison Street Tampa, Fla. 33602

Karen Llovd

Southwest Florida Water Management District 5060 U.S. 41 South

Brooksville, Fla. 33512

Steve Tribble, Clerk Public Service Commission

101 E. Gaines Street Tallahassee, Fla. 32301

Docket for Case No: 84-002789

Orders for Case No: 84-002789