STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROBERT G. COLLINS and )

ROBERT E ODELL, )

)

Petitioners, )

vs. ) CASE NO. 89-0577

) 89-0592

1. W. ELLSWORTH & PASCO COUNTY ) BOARD OF COUNTY COMMISSIONERS ) AND DEPARTMENT OF ENVIRONMENTAL ) REGULATION, )

   )

   Respondents. )

   )

   
   

   RECOMMENDED ORDER

   
   

   The final hearing in this case was held on May 4, 1989, in New Port Richey, Florida, before Donald D. Conn, Hearing Officer, Division of Administrative Hearings. The parties were represented as follows:

   
   

   For Petitioners: Robert G. Collins, pro se

   1750 Blue Heron Lane Spring Hill, Florida 34610

   
   

   Robert D. Odell, pro se 12636 Box Drive

   Rolling Oaks Estates Hudson, Florida 34667

   
   

   For Respondents: J. Ben Harrill, Esquire

   7530 Little Road, Room 203

   New Port Richey, Florida 34654 (Ellsworth & Pasco County)

   
   

   Richard T. Donelan, Jr., Esquire Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32399-2400 (Department of Environmental Regulation)

   
   

   STATEMENT OF THE ISSUES

   
   

   The issue in this case is whether Pasco County's application for a permit to construct a Class III landfill should be approved by the Department of Environmental Regulation (Department). Pasco County called Robert Hauser, Jr., who was accepted as an expert in sanitary landfills, and the Department called Kim Ford, who was accepted as an expert in professional engineering with expertise in solid waste. Petitioner Collins testified on behalf of the Petitioners. Two exhibits were received on behalf of Pasco County and two on

   behalf of the Petitioners. One exhibit offered by Petitioners (P-3) was rejected. No transcript of the hearing was filed.

   
   

   The parties were given ten days following the hearing to file their proposed recommended orders, including proposed findings of fact. A ruling on each timely filed proposed finding of fact is included in the Appendix to this Recommended Order.

   
   

   FINDINGS OF FACT

   
   

   1. Pasco County filed an application with the department on or about January 29, 1983, to construct a Class III sanitary landfill. The location of the landfill would be near Hays Road and County Road 52, near Aripeka, in Pasco County, Florida. Pasco County owns the property on which the landfill would be located.

      
      

   2. After review, the Department issued an Intent to Issue on or about December 2, 1988, by which it proposed to issue Permit No. SC 51-144683 to Pasco County.

      
      

   3. The proposed landfill site is approximately 60 acres in size, with 20 acres to be used for disposal of household trash, yard trash consisting of grass clippings and other vegetative matter resulting from landscape maintenance or land clearing operations, construction or demolition debris, paper, cardboard, cloth, glass, street sweepings, vehicle tires, and other nonputrescible materials.

      
      

   4. Pasco County will install a 60 mil thick, high density polyethylene synthetic liner with a leachate collection system which is designed to eliminate discharge to the Floridan Aquifer within the landfill boundaries.

      
      

   5. An extensive geotechnical investigation of subsurface conditions at the site was conducted by the County's consultants in order to determine the suitability of the site for a Class III landfill, and to evaluate the ability of the site to provide an adequate foundation for the facility. Soil boring and ground penetrating radar were used. It was established that the site is of relatively uniform stratigraphy, characterized by a uniform layer of surficial sand, a reasonably continuous clay semi-confining layer from six to ten feet thick, under which lies the limestone groundwater bearing formation known as the Floridan Aquifer.

      
      

   6. The hydrogeological survey conducted by the County included a foundation analysis which demonstrates that the subgrade will support loads and stresses imposed by the proposed landfill. It also has a low potential for sinkhole development, and the synthetic liner and leachate collection system are reasonable mitigation steps which address sinkhole potentials.

      
      

   7. Pasco County's application includes a surface water management system, which has already received approval from the Southwest Florida Water Management District, and which is adequate to control surface water discharged from the Class III landfill site. The groundwater monitoring plan included in the application provides for no less that 10 pairs of monitor wells to be located approximately 100 feet from the boundary of the proposed landfill area. This meets the requirements of the Department, and is adequate to monitor both the surficial and Floridan Aquifer, and to provide early detection of any discharges to the groundwater.

   8. Reasonable assurances have been provided, through site specific geotechnical analysis and enhanced design features, that the site can be developed and operated as a Class III landfill without adverse impact to the Floridan Aquifer, despite the fact that the site is located in an area designated by the Southwest Florida Water Management District as a high recharge area.

      
      

   9. The County has demonstrated that it has the financial ability to construct, operate and close this Class III landfill in accordance with the Department's rules.

      
      

   10. The operations plan included in the County's application establishes the County's ability to operate the proposed landfill in accordance with rules of the Department.

       
       

   11. The proposed design of Pasco County's proposed Class III landfill offers reasonable assurances that the Department's standards will be met, and in fact, the design as proposed by the County exceeds the standards required by the Department for a Class III landfill, in that this project includes a liner and leachate collection system which are not mandatory.

       
       

   12. Competent substantial evidence was not presented by the Petitioners to establish that they would be substantially affected, or affected in any way, from the construction and operation of this Class III landfill.

       
       

       CONCLUSIONS OF LAW

       
       

   13. The Division of Administrative Hearings has jurisdiction over the parties, and the subject matter in this cause. Section 120.57(1), Florida Statutes. This proceeding is governed by Chapter 403, Part IV, Florida Statutes, and Chapter 17-701, Florida Administrative Code.

       
       

   14. The Respondents have objected to the Petitioners standing in this proceeding. Neither Petitioner has presented any evidence that he possesses any legally recognized substantial interest which is placed at risk, subjected to injury, or otherwise adversely affected by the issuance of this permit to Pasco County. A mere expression of interest in a permitting proceeding is not sufficient to confer standing under Section 120.57(1), Florida Statutes. Agrico Chemical Co. v Department of Environmental Regulation, 406 So.2d 478, 482 (Fla. 2nd DCA 1981).

       
       

   15. Pasco County has met its burden in this proceeding of establishing that reasonable assurances have been provided that the proposed Class III landfill can be constructed and operated without causing pollution in violation of the Department's standards. Florida Department of Transportation v. J.W.C. Co., Inc., 396 So.2d 778 (Fla. 1st DCA 1981). It has been shown by a clear preponderance of the evidence that the landfill will meet or exceed all criteria in Rule 17-701.050, Florida Administrative Code, applicable to Class III landfills.

RECOMMENDATION

Based upon the foregoing, it is recommended that the Department issue Permit NO. SC 51-144683 to Pasco County.

DONE AND ENTERED this 23rd of May, 1989 in Tallahassee, Florida.

DONALD D. CONN

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

Filed with the Clerk of the Division of Administrative Hearings this 23rd day of May, 1989.

APPENDIX

The Petitioners did not file Proposed Findings of Fact. Rulings on Pasco County's Proposed Findings of Fact:

Rulings on the Department's Proposed Findings of Fact:

1. Adopted in Findings of Fact 1, 2.

2. Rejected since this is a conclusion of law.

3. Adopted in Finding of Fact 3.

4. Adopted in Findings of Fact 4, 5, 11.

5. Adopted in Finding of Fact 11.

6. Adopted in Finding of Fact 7.

7. Adopted in Finding of Fact 6.

8. Adopted in Finding of Fact 7.

9. Adopted in Finding of Fact 10.

10. Adopted in Finding of Fact 9.

11. Adopted in Finding of Fact 8.

COPIES FURNISHED:

Robert G. Collins 1750 Blue Heron Lane Spring Hill, FL 34610

Robert D. Odell 12636 Box Drive Rolling Oaks Estates Hudson, FL 34667

J. Ben Harrill, Esquire 7530 Little Road, Room 203 New Port Richey, FL 34654

Richard T. Donelan, Jr., Esquire Twin Towers Office Building

2600 Blair Stone Road Tallahassee, FL 32399-2400

Daniel H. Thompson, Esquire Twin Towers Office Building 2600 Blair Stone Road Tallahassee, FL 32399-2400

Dale Twatchmann, Secretary Twin Towers Office Building 2600 Blair Stone Road Tallahassee, FL 32399-2400

Docket for Case No: 89-000577

Orders for Case No: 89-000577