STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
In Re: APPLICATION FOR POWER PLANT )
SITE CERTIFICATION OF ) DOAH CASE NO. 90-8072EPP INDIANTOWN COGENERATION ) DER CASE NO. 90-31 PROJECT )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Diane K. Kiesling, held a formal hearing in the above-styled case on July 30, 1991, in Indiantown, Florida.
APPEARANCES
For Indiantown Gary P. Sams Cogeneration Douglas S. Roberts
Project: Hopping Boyd Green & Sams
123 S. Calhoun Street Post Office Box 6526
Tallahassee, Florida 32314
For Department of Richard T. Donelan Environmental Assistant General Counsel Regulation: 2600 Blair Stone Road
Tallahassee, Florida 32399-2400
For Department of Steven Pfeiffer, General Counsel Community 2740 Centerview Drive
Affairs: Tallahassee, Florida 32399-2100
For Department of H. R. Bishop Transportation: Assistant General Counsel
Haydon Burns Building 605 Suwannee Street
Tallahassee, Florida 32399
For Martin County: Fred W. Van Vonno
Assistant County Attorney 2401 Southeast Monterey Road Stuart, Florida 34996
STATEMENT OF THE ISSUES
The issue for determination is whether the proposed Indiantown Cogeneration, L.P. (ICL) Project site is consistent and in compliance with existing land use plans and zoning ordinances of Martin County and Okeechobee County, Florida. See Section 403.508(2), Florida Statutes. No party to the proceeding disputes that the site is consistent and in compliance with the plans and ordinances in effect on December 21, 1990, when the application was filed.
PRELIMINARY STATEMENT
Pursuant to the Florida Electrical Power Plant Siting Act, Sections 403.501
- 403.519, Florida Statutes, on December 21, 1990, ICL filed an application for power plant site certification (SCA) for the construction and operation of a coal-fired cogeneration project at a site in western Martin County. This Project is known as the Indiantown Cogeneration Project. The statutory scheme requires this land use hearing and a separate certification hearing, which will be held at a later date.
At the hearing, ICL presented the testimony of Stephen Sorrentino, Charles Carlton, Analee Moore, and Paul Darst. ICL Exhibits 2-7, 9-12, 15, 17-28 were admitted into evidence. The Department of Community Affairs (DCA) called Paul Darst.
A Joint Proposed Recommended Order of ICL, DER, DCA, and Martin County was filed on August 2, 1991, and admitted as ICL Exhibit 29. No other parties filed briefs or proposed recommended orders. All parties who did not join in the Joint Proposed Recommended Order or did not appear at the land use hearing have waived their opportunity to contest land use issues. Said waivers have been made both tacitly and expressly.
The Joint Proposed Recommended Order is incorporated in this Recommended Order.
FINDINGS OF FACT
ICL published notices of this land use hearing on June 15, 1991, in The Stuart News, on June 19, 1991, in The Indiantown News, and on June 16, 1991, in The Okeechobee News. Notices of this hearing were published by the Department of Enviromental Regulation in the Florida Administrative Weekly on June 28, 1991. ICL mailed notice of this hearing to the chief executives of the local and regional authorities with responsibility for zoning and land use planning whose jurisdiction includes the site. The Applicant, ICL, posted a notice of this hearing at the proposed site.
ICL proposes to construct and operate a 330 Mw cogeneration facility which captures waste heat from electrical generation to produce steam for industrial processes. The facility will burn pulverized coal to generate electricity for sale to Florida Power & Light Company (FPL) and supply up to 225,000 pounds per hour of steam for drying operations at the adjacent Caulkins Citrus Processing plant.
Steam generation will be accomplished by means of a pulverized coal boiler. The boiler will be of an outdoor natural-circulation type in which coal will be mixed with air and ignited. Electricity will be generated by passing steam produced by the boiler through an extraction-condensing turbine generator. Sulfur oxide and nitrogen oxide compounds and particulates will be removed from the boiler exhaust gases using various removal systems.
Coal will be delivered by trains arriving from the north. A rail loop and coal unloading, handling and storage facilities will be constructed onsite. Ash will be temporarily stored in onsite silos before being removed from the site.
A new site access road will be constructed along the western and southern boundary of the site to provide access to State Road 710 and West Farm Road. A railroad spur across the adjacent Florida Steel plant site will connect the site to the CSX railroad.
The proposed project will include a water pipeline that will extend 19 miles southeast from Taylor Creek/Nubbin Slough in Okeechobee County to the facility site. An intake structure will be constructed at Taylor Creek/Nubbin Slough to pump water to the plant site. To distribute electricity generated, the ICL facility's electrical switch yard will connect to an existing FPL electrical transmission line which crosses the northern portion of the Project site.
Site for Indiantown Cogeneration Project
The site for the proposed Indiantown Cogeneration Project is a 220 acre tract which lies approximately 20 miles west of Stuart, three miles northwest of Indiantown and nine miles east of Lake Okeechobee. To the north of the Site are the Caulkins Citrus Processing Plant and a vacant Florida Steel Corporation plant site. Both of these facilities border State Road 710 and the CSX Railroad.
The proposed corridor for the cooling water pipeline to serve the Project is within the existing CSX Railroad right-of-way which parallels State Road 710, running southeast from the intake structure location in Okeechobee County to the site. The permanent right-of-way for the pipeline is to be located within this corridor.
Consistency and Compliance of the Project Site with Local Land Use Plans
of Martin County
The proposed site is designated for "Industrial" use on the Land Use Map adopted by the Martin County Board of County Commissioners (BOCC) as part of its 1990 Comprehensive Growth Management Plan (Martin Plan).
The Martin Plan was the local land use plan in effect in Martin County on the date ICL filed this SCA. This Plan encouraged future development of industrial uses, including cogeneration facilities, to occur under a planned unit development industrial zoning classification. The evidence at the hearing established that the Project is consistent and in compliance with the Martin Plan in effect on the date ICL filed the SCA.
During the PUD(i) rezoning process discussed below, the proposed project was also reviewed by Martin County for consistency with the other policies of the Martin Plan. The project, as proposed, was found to be consistent with this Plan.
On July 9, 1991, the Martin County BOCC adopted a land text amendment (ICL Exhibit 9), which added steam/electricity cogeneration plants as permitted uses within areas designated Industrial. The Department of Community Affairs has made no determination as to the amendment's compliance or non-compliance with Chapter 163 and specifically reserves its responsibility to review the amendment pursuant to its statutory authorization.
Consistency of the Project Site With Martin County Zoning Regulations
The Project is consistent and in compliance with the industrial zoning of Martin County that was in effect for the Project Site on December 21, 1990, the date ICL filed its SCA.
On July 23, 1991, the BOCC granted petitions by ICL to change the zoning for the proposed site from M-3 and M-1, industrial, to Planned Unit Development (industrial) or PUD(i); to grant a height exception for structures higher than 60 feet; and to grant an advertised conditional use for utilities. All parties present throughout the land use hearing have stipulated that this zoning change and related approvals do not affect adversely the use of the site as the location for the proposed power plant while still protecting the public interest under the applicable land use plan and zoning ordinances of Martin County.
The later-adopted PUD(i) zoning criteria for the Project are contained in a document titled "Indiantown Cogeneration Project Planned Unit Development Zoning Agreement" between ICL, the current property owners, and the Martin County BOCC, dated July 23, 1991.
The PUD Agreement establishes certain conditions and standards upon which construction and operation of the ICL project may be undertaken at the proposed site. The Agreement incorporates and references various other local regulations with which a project at this site must comply. The PUD(i) zoning agreement also recognizes that final approval for the project will be obtained under the Florida Electrical Power Plant Siting Act, Chapter 403, Part II, Florida Statutes, and that the final development plan of approval contemplated by the Agreement would be obtained through this certification process.
The PUD(i) Agreement provides that ICL shall have the right to develop the project in accordance with applicable laws, ordinances and regulations; with the provisions and requirements of the PUD(i) Zoning Agreement; and with the Preliminary and Final Development Plans.
Exhibit D to the PUD(i) Zoning Agreement is a Preliminary Development Plan for the ICL project. This exhibit provides a conceptual layout for the proposed project that is subject to modification based on detailed site planning and engineering required as part of the certification of the Project in conjunction with the final development plan approval (site certification process). The Project, as proposed in the SCA, is consistent with this Preliminary Development Plan.
A development schedule for the proposed project is established in Exhibit E to the PUD(i) Agreement. This timetable contemplates and incorporates site certification by the Governor and Cabinet under the Florida Electrical Power Plant Siting Act. ICL will be able to develop the Project proposed in the SCA consistent with this timetable.
Twenty-two (22) Special Conditions are established for the Indiantown Cogeneration Project in Exhibit F to the PUD Agreement. ICL has committed to meet all of the Special Conditions and its design, as developed to date and presented in the site certification application, is consistent and in compliance with all twenty-two Special Conditions. The special conditions are:
Special Conditions 1 and 4 require that certain precautions be taken in the event that archaeological artifacts or endangered plants and animals are discovered on the site.
A $1 million Community trust program is to be created by ICL to benefit projects in the Indiantown community, under Special Condition
2. Special Condition 8 requires ICL to encourage Project employees to live and become active in the Indiantown Community. Under Special Condition l0, ICL is to make employment applications available in the Indiantown area during periods of significant hiring.
Special Condition 3 provides that ICL is solely responsible for obtaining necessary drainage permits from the South Florida Water Management District and that Martin County has no responsibility for funding of Project drainage improvements.
With regard to special Condition 5, the Department of Community Affairs concurs that the evidence at the land use hearing established that the Project at this location is consistent and in compliance with local land use plans and zoning ordinances in effect as of December 21, 1990.
Special Condition 6 prohibits disposal of wastewater filter cake at the Martin County landfill.
Under Special Condition 7, ICL agrees not to haul fill to or from the Site without Martin County approval. This is in compliance with the Excavation and Fill provisions of the Martin County Code, Sections 33-804, 805, 806, and 809.
A hazardous waste management plan, consis- tent with a hazardous waste management plan attached to the Zoning Agreement, is required by Special Condition 8.
Landscaping along the access road and around the administration buildings and parking areas is required by Special Condition
10. This condition satisfies the requirements of the Martin County Landscape Code, Chapter 23, Article III of the Martin County Code.
Special Condition l3 requires that plant operations not cause unreasonable levels of sound to reach the boundary of any existing adjacent residential district. ICL is to provide general public notice of any planned steamblows. No quantitative noise standards are established by Martin County.
Special Condition 14 establishes performance standards which are consistent with the provisions of Section 33-581.44(G) and (H) of the Martin County Code. The performance standards establish limits on the density of smoke; size of particulates; emissions of odors, dust and dirt, and of obnoxious gases and fumes; sewage disposal; set-backs for unenclosed buildings; fire protection measures; building heights; vegetative buffers adjacent to S.R. 710; and Project lighting. Several of these special performance standards provide additionally for compliance to be shown as part of the final certification order under the Florida Electrical Power Plant Siting Act.
Special Conditions 15 and 17 provide that potable water and wastewater services for the Project will be supplied by the Indiantown Company. Final agreements for the provisions of these services are to be provided as part of the final development plan approval.
Special Condition 16 provides for protection of upland and wetland preserve areas as shown on the approved development plans. This condition complies with the upland and wetland preservation policies of the Martin County Comprehensive Growth Management Plan.
The size and dimension criteria of project facilities are governed by Special Condition 18.
Special Condition 19 requires that soil erosion and sedimentation be controlled during construction through such practices as wetting, seeding or sodding of exposed areas. Under Special Condition 20, shoulders of Project roadways are to be stabilized.
Pursuant to Special Condition 22, a south-bound turn lane on S.R. 710 is to be constructed at the entrance road to the Project.
Permitted uses on the site are set out in Special Condition 23, allowing uses including pulverized coal electric generating unit, coal handling and storage facilities, rail trans- portation facilities, and other associated facilities. The uses permitted are described in greater detail in attachment 4 to that Exhibit F.
The ICL Project, as designed, committed to by ICL, and proposed in the site certification application, is consistent and in compliance with the foregoing provisions of the PUD(i) Zoning Agreement.
Project Compliance with Martin County Height Limitations
On July 23, 1991, the Martin County BOCC adopted a special exception to allow heights in excess of 60 feet for facilities associated with the Indiantown Cogeneration Project. The project, as proposed, is consistent and in compliance with the provisions of this height exception. The PUD(i) Zoning Agreement in Special Condition 13 establishes maximum heights of the various project facilities; and the proposed Indiantown Cogeneration Project, as designed, committed to by ICL and proposed in the site certification application, complies with all of them.
Consistency and Compliance of the
Water Pipeline, Rail Spur and Site Access Road with Local Land Use Plans and Zoning
Ordinances of Martin and Okeechobee Counties
The location and construction of the cooling water pipeline is consistent with the policies of the Martin County Comprehensive Growth Management Plan that protect the residential quality of life and prevent impacts to tree canopies and soil erosion from such uses. The Martin County Zoning Code provides, in Chapter 35, Article II, that normal linear distribution facilities, such as the proposed water pipeline, are excepted from the definition of those utilities that are treated as advertised conditional uses. The water pipeline is, therefore, a permitted use in all zoning districts in Martin County.
The Electric Utility Element of the adopted Okeechobee County Comprehensive Plan (Okeechobee Plan) provides that support facilities needed to provide electric utility service are deemed consistent with that Plan and are an allowed use in all land use categories. The water pipeline and intake structure are necessary support facilities to the Indiantown Cogeneration Project and, therefore, are consistent with the Okeechobee Plan. The Okeechobee County zoning ordinance allows, in any zoning district, installations necessary to the performance of an essential service, including water systems. Such facilities are to conform to the character of the zoning district. The water pipeline and intake structure are consistent with these provisions of the Okeechobee County zoning regulations.
The Martin Plan provides that new rail facilities and roads be designed to minimize impacts on natural systems, which ICL has done in the siting of the rail spur and site access road to serve the site. The proposed location of the site access road is in the basic alignment of a future road between S.R. 710 and West Farm Road shown in the Traffic Circulation Element of the Martin Plan. The site access road to be constructed by ICL fulfills this objective of the Plan. Martin County zoning regulations are silent on the issue of the location of a rail spur or new roads. The proposed access road and rail spur are, therefore, consistent and in compliance with Martin County land use plans and zoning ordinances.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings. Section 403.508(1), Florida Statutes.
The sole issue for determination in this land use hearing is whether the project site is consistent and in compliance with existing land use plans and zoning ordinances of Martin County and Okeechobee County, Florida. Section 403.508(2), Florida Statutes.
Any defects in the publication of notice of this hearing due to the publication schedules of the various newspapers are immaterial due to the breadth of notice given for this hearing. Pursuant to Section 403.5095, Florida Statutes, and Rule 17-17.161(2), Florida Administrative Code, any such defects are found to be inadvertent and immaterial and not to have affected the ability of the public to participate in this hearing. The notice time frames are adjusted accordingly.
For project facilities located within Martin County, the applicable land use plans and zoning ordinances are those adopted by Martin County in effect as of December 21, 1990, the date of ICL's site certification application. It has been established by competent, substantial evidence, and all parties present throughout the land use hearing have stipulated, that the proposed power plant site, as the location for a coal-fired cogeneration facility with a capacity of 330 megawatts, the access road and the rail spur, are consistent and in compliance with the Martin County Comprehensive Growth Management Plan and with the zoning ordinances of Martin County for this site and project.
The heights of facilities proposed by ICL in its design and site certification application are consistent and in compliance with the special height exception granted by Martin County.
ICL's proposed water pipeline is a permitted use in all Martin County zoning districts and is consistent with Martin County's land use plans. Accordingly, the proposed pipeline corridor is consistent and in compliance with the applicable land use plans and zoning ordinances of Martin County.
The Indiantown Cogeneration Project Planned Unit Development Zoning Agreement and the land use text amendment regarding cogeneration plants within areas designated Industrial as adopted by the Martin County Board of County Commissioners subsequest to the filing of the Site Certification Application do not affect the proposed site in a manner so as to prevent or impair its use as a
location for this project. Section 403.508(2), Florida Statutes (Supp. 1990). This order in no way disturbs the legal status of the PUD Agreement and the obligations of ICL and Martin County under its provisions.
The Department of Community Affairs concurs that the evidence at the land use hearing established that the project at the proposed location is consistent with the existing Martin County Comprehensive Plan and land development regulations. DCA specifically reserves, and this order does not affect, its responsibility to review, pursuant to Chapter 163, Part II, Florida Statutes (1989), the land use text plan amendment adopted by the Martin County BOCC on July 9, 1991, which added steam/electricity cogeneration plants as permitted uses within areas designated Industrial. Further, DCA has made no determination as to the amendment's compliance or non-compliance with Chapter 163.
For Project facilities located in Okeechobee County, the applicable land use plans and zoning ordinances are those adopted by Okeechobee County in effect as of December 21, 1990. Section 403.508(2), Florida Statutes (Supp. 1990). The Okeechobee County Zoning Code is applicable to the location of the water pipeline and intake structure located in Okeechobee County.
It has also been established by competent, substantial evidence that the proposed locations for the water intake structure and the water pipeline in Okeechobee County are consistent and in compliance with the Okeechobee County Comprehensive Plan and the Okeechobee County Zoning Ordinance. ICL's proposed water pipeline is a permitted use in all Okeechobee County zoning districts.
Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that the Governor and Cabinet, sitting as the Siting Board, enter a final order determining that the proposed Indiantown Cogeneration Project and its site (including the associated water pipeline and intake structure), as proposed in the Site Certification Application, are consistent and in compliance with land use plans and zoning ordinances of Martin and Okeechobee Counties.
RECOMMENDED this 5th day of August, 1991, in Tallahassee, Leon County, Florida.
DIANE K. KIESLING, Hearing Officer Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 5th day of August, 1991.
COPIES FURNISHED:
Douglas S. Roberts Gary P. Sams Attorneys at Law Post Office Box 6526
Tallahassee, FL 32314 (Counsel for Applicant)
Richard T. Donelan, Jr. Assistant General Counsel Department of Environmental
Regulation
Twin Towers Office Building 2600 Blair Stone Road Tallahassee, FL 32399-2400
Kathryn Funchess, Assistant General Counsel David L. Jordan, Assistant General Counsel
Stephen Pfeiffer, General Counsel Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399-2100
Vernon Whittier
R. Bishop
Assistant General Counsel Department of Transportation Haydon Burns Building
605 Suwannee Street
Tallahassee, FL 32399
Fred W. Van Vonno Assistant County Attorney Martin County
2401 Southeast Monterey Road Stuart, FL 34996
John Fumero Attorney at Law
South Florida Water Management District
3301 Gun Club Road Post Office Box 24680
West Palm Beach, FL 33416-4680
Roger G. Saberson Attorney at Law
70 S.E. 4th Avenue
Delray Beach, FL 33483-4514
(Treasure Coast Regional Planning Council)
Peter Merritt Suite 205
3228 Southwest Martin Downs Boulevard
P. O. Box 1529
Palm City, FL 34990
(Treasure Coast Regional Planning Council)
Ken Plante, General Counsel Department of Natural Resources 3900 Commonwealth Boulevard
Tallahassee, FL 32399
Robert V. Elias, Staff Counsel Division of Legal Services Florida Public Service Commission
101 East Gaines Street Fletcher Building, Room 212 Tallahassee, FL 32399-0850
Brian Sodt
Ernie Caldwell, Interim Executive Director Central Florida Regional Planning Council Post Office Box 2089
Bartow, FL 33830-2089
John D. Cassels, Jr.
Attorney at Law
Post Office Box 968
400 Northwest Second Street Okeechobee, FL 34973
(Counsel for Okeechobee County)
James Antista, General Counsel
Kenneth McLaughlin, Assistant General Counsel Florida Game and Fresh Water Fish Commission Bryant Building
620 South Meridian Street Tallahassee, FL 32399-1600
Hamilton S. Oven, Jr., P.E., Administrator Office of Siting Coordination
Department of Environmental Regulation 2600 Blair Stone Road
Tallahassee, FL 32399-2400
Board of Trustees of the
Internal Improvement Trust Fund 3900 Commonwealth Boulevard, Room 153
Tallahassee, FL 32399-3000
Honorable Lawton Chiles Governor, State of Florida The Capitol
Tallahassee, FL 32399
Honorable Robert A. Butterworth Attorney General
State of Florida The Capitol
Tallahassee, FL 32399-1050
Honorable Bob Crawford Commissioner of Agriculture State of Florida
The Capitol
Tallahassee, FL 32399-0810
Honorable Betty Castor Commissioner of Education State of Florida
The Capitol Tallahassee, FL 32399
Honorable Jim Smith Secretary of State State of Florida The Capitol, PL-02
Tallahassee, FL 32399-0250
Honorable Tom Gallagher
Treasurer and Insurance Commissioner State of Florida
The Capitol
Tallahassee, FL 32399-0300
Honorable Gerald A. Lewis Comptroller, State of Florida The Capitol, Plaza Level Tallahassee, FL 32399-0350
NOTICE OF RIGHT TO SUBMIT EXCEPTIONS:
All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
In Re: APPLICATION FOR POWER PLANT )
SITE CERTIFICATION OF ) DOAH CASE NO. 90-8072EPP INDIANTOWN COGENERATION ) DER CASE NO. 90-31 PROJECT )
)
RECOMMENDED ORDER
Pursuant to proper public notice, a certification hearing as required by Section 403.508(3), Florida Statutes (Supp. 1990), was held in Indiantown, Florida on October 21, 1991, before the Division of Administrative Hearings, by its designated Hearing Officer, Diane K. Kiesling.
APPEARANCES
For Indiantown Douglas S. Roberts Cogeneration Carolyn S. Raepple
Project: Hopping Boyd Green & Sams
123 S. Calhoun Street Post Office Box 6526
Tallahassee, Florida 32314
For Department of Richard T. Donelan, Jr. Environmental Assistant General Counsel Regulation: 2600 Blair Stone Road
Tallahassee, Florida 32399-2400
For Martin County: Fred W. Van Vonno
Assistant County Attorney 2401 Southeast Monterey Road Stuart, Florida 34996
For South Florida Cecile Ross
Water Management: Assistant Counsel
3301 Gun Club Road
West Palm Beach, Florida 33416-4680
For Treasure Coast Roger G. Saberson Regional Planning 70 S.E. 4th Avenue
Council: Delray Beach, Florida 33482-4514 STATEMENT OF THE ISSUES
The general purpose of the hearing was to receive oral, written and documentary evidence, including that presented by members of the public, concerning whether, through available and reasonable methods, the location and operation of the proposed cogeneration project will produce minimal adverse effects on human health, the environment, the ecology of the land and its wildlife, and the ecology of State waters and their aquatic life, in an effort to fully balance the increasing demands for electrical power plant location and operation with the broad interests of the public. Section 403.502, Florida Statutes (Supp. 1990).
PRELIMINARY STATEMENT
This proceeding was held pursuant to the Florida Electrical Power Plant Siting Act, Chapter 403, Part II, Florida Statutes (Supp. 1990), and Chapter 17- 17, Florida Administrative Code, to consider the application of Indiantown Cogeneration, L.P. (ICL) for site certification of a proposed 330 megawatt coal- fired cogeneration project at a site located in western Martin County, Florida. By order dated September 24, 1991, the Governor and Cabinet, sitting as the Siting Board, adopted the Hearing Officer's Recommended Order holding the proposed Indiantown Cogeneration Project (ICP) is consistent and in compliance with existing land use plans and zoning ordinances of Martin County and Okeechobee County, Florida. Pursuant to Section 403.519, Florida Statutes, the Florida Public Service Commission issued a determination of need for the proposed ICP on March 21, 1991.
The Department of Community Affairs (DCA), the Florida Game and Fresh Water Fish Commission (FGFWFC), and the Department of Transportation (DOT) did not enter appearances at the hearing but did enter into settlement stipulations with ICL that were received into evidence. The Department of Natural Resources (DNR), the Central Florida Regional Planning Council (CFRPC), and Okeechobee County did not appear at the certification hearing.
ICL presented the oral or written testimony of twelve witnesses and their supporting exhibits, 1-63. Eleven witnesses were offered and accepted as expert witnesses in various fields. All written testimony and exhibits offered by ICL were received into evidence. Pursuant to a stipulation among the parties, the testimony and exhibits of three witnesses were admitted by sworn affidavit without those witnesses having to appear at the hearing. The revised DER written analysis and agency report was admitted. ICL exhibits 64-66 were admitted in evidence and ICL exhibits 67 through 72, constituting stipulations between ICL and various agency parties and containing agreed-upon conditions of certification, were also received into evidence. DER exhibit 1 was admitted.
During the public hearing, two members of the general public offered comments and testimony on their own behalf. No other witnesses or exhibits were offered by any other parties. Attached to this Recommended Order as Appendix A are the Conditions of Certification to which the parties have all agreed.
The transcript of the proceedings was filed on December 4, 1991. The parties joint proposed recommended order was filed on December 3, 1991. Because only one proposed recommended order was filed by the parties, it is unnecessary to make specific rulings on each proposed finding of fact. All proposed findings of fact are adopted in substance as modified herein, except for proposed finding of fact 73 which is unnecessary.
FINDINGS OF FACT
General Project Description
The Indiantown Cogeneration Project (ICP) will consist of a coal-fired cogeneration facility capable of generating 330 megawatts (net) of electricity for sale to Florida Power and Light Company. The plant will also supply up to 225,000 pounds per hour of process steam to the adjacent Caulkins Citrus Processing plant. Steam for electrical production and citrus processing will be produced in a pulverized coal boiler.
Cogeneration facilities such as the ICP are energy generating facilities that produce more than one form of energy. In this project, the second form of energy is generated by capturing waste heat in the form of steam from the electrical generating process and using it in the citrus processing facility. A cogeneration facility, therefore, achieves efficiencies in fuel use, capital investment, and operating costs.
The 220-acre project site is located in southwestern Martin County, approximately nine miles east of Lake Okeechobee, 20 miles west of Stuart, and three miles northwest of the unincorporated community of Indiantown, Florida. The site lies south of State Road 710 directly behind the existing Caulkins Citrus Processing Plant and the vacant Florida Steel Corporation site, both of which border on State Road 710. A CSX railroad line runs parallel to State Road 710.
Features of the project include a rail spur to connect the site to the existing CSX rail line, a new site access road that will ultimately be dedicated to public use, and a 19-mile water pipeline connecting the facility to a surface water source in neighboring Okeechobee County. This pipeline will be located within the existing CSX railroad right-of-way. The ICP will tie into an existing electrical transmission line crossing the site; no new transmission facilities will be required for the project. A rail loop will be constructed within the project site to accommodate coal deliveries by rail. Enclosed coal and lime handling and storage facilities will be constructed on the site. However, there will be no on-site ash disposal. The project site will also include a 25-acre cooling water storage pond. Within the site, 24 acres of wetlands will be preserved and buffered by minimum 50-foot upland buffers.
The main project site is currently unimproved and is zoned for industrial uses. The site is used on a limited basis for cattle grazing. Surrounding land uses consist of other industrial or agricultural uses, including pasture and citrus groves. There are no existing buildings at the site. The only structures on site are the existing electrical transmission towers within the FPL transmission line right-of-way.
Cooling and process water for the project will be obtained principally from Taylor Creek/Nubbin Slough also known as L-63N in Okeechobee County. The intake structure and pumphouse will be located on a one-half acre site, which is adjacent to the existing CSX railroad right-of-way. The cooling water pipeline will run from the intake structure southeast within the railroad right-of-way to the ICP site. During periods of drought when surface water is not available from Taylor Creek/Nubbin Slough, the ICP will withdraw groundwater from the upper Floridan aquifer, a zone of water containing high levels of dissolved solids.
Site Selection
The ICP site offers a number of advantages for the proposed cogeneration facility. First, the facility is sited close to the adjacent citrus processing plant, which minimizes heat loss in delivering steam to the citrus plant through a steam line. The site also provides direct access to an existing transmission line. Third, the site is close to State Road 710 and the CSX railroad, providing vehicular access and good rail access for delivery of coal and removal of ash. The railroad right-of-way also provides a corridor for the water supply pipeline within an already existing disturbed area. Additionally, the project will obtain water primarily from Taylor Creek/Nubbin Slough, which drains agricultural areas into Lake Okeechobee and carries a high
nutrient load. Coal was selected as the primary fuel for the facility for several reasons, including constraints on natural gas delivery, enhancement of fuel diversity on the FPL system, cost effectiveness, and the availability of high quality low sulfur coal in addition to the use of advanced air pollution control systems.
In selecting the site and designing the ICP, ICL discussed the project extensively with local residents and officials. The concerns and suggestions raised were addressed or incorporated into the ICP's final design. These features included use of low sulfur coal, avoidance of wetlands, use of low quality surface water, covering coal piles, and off-site disposal of ash. In addition, ICL has committed to establish a trust fund to support community improvements in Indiantown and to encourage Project employees to live in the Indiantown area.
PSC Need Determination
The determination of need for the Indiantown Cogeneration Project was entered by the Public Service Commission (PSC) in Order No. 24268 issued on March 21, 1991. The PSC reached the following conclusions in its order:
The proposed power plant will contribute to electric system reliability and integrity. This conclusion was based on the fact the project is located close to Florida Power & Light Company's (FPL) load center, will not interfere with the ability to import power from other utilities, and would result in minimal transmission losses compared to other more distant sites. Further, FPL's ability to dispatch the facility, to obtain generation during times of peak demand, and to coordinate maintenance of facilities contributed to this determination of reliability and integrity.
The ICP was also found to provide adequate electricity at reasonable cost based on the Project's proximity to the load center, contractual incentives to provide the most efficient delivery of power, and the easy integration of the plant into FPL's transmission grid. The ICP was concluded to be less expensive than the equivalent portion of FPL's own generating alternative.
The Project was also determined to be the most cost-effective alternative available for meeting the need for additional generating capacity. It was found to be less expensive than FPL's own constructed units or the statewide avoided unit as determined by the PSC.
The Commission concluded that FPL, as the purchaser of the electricity to be generated, had taken reasonable measures to conserve electricity. The Commission concluded that
FPL had reduced its need for electrical generating capacity through demand-side management and cost effective conservation programs.
Finally, the Commission determined that the Project would contribute to the larger statewide and Peninsular Florida need for power in 1996, the in-service year for this project.
Project Design and Site Layout
The steam production facility for the project will be an outdoor, natural circulation-type, pulverized coal boiler. Pulverized coal will be mixed with hot combustion air and ignited in the furnace section of the boiler. Advanced combustion burners will be used in the boiler to minimize the formation of nitrogen oxides. High pressure steam from the boiler will go to an extraction-condensing steam turbine/generator where electricity will be produced.
A low-pressure steam extraction is taken from the steam turbine and routed to the Caulkins Citrus plant via a steam line. The steam will be used in the Caulkins plant in evaporators to concentrate orange juice and in dryers to produce a cattle feed supplement from citrus peel and pulp. The condensed steam will be returned from the citrus facility for reuse in the ICP.
The plant will use a selective non-catalytic reduction (SNCR) process to reduce formation of nitrogen oxides. In this process ammonia is injected into the boiler to react with nitrogen oxides, forming elemental nitrogen and water. A computer-controlled system will be used to inject ammonia at preselected temperature zones to maximize the control of nitrogen oxide emissions with the least amount of ammonia injection. The exiting flue gas will then enter a spray dryer absorber system where a lime slurry is injected to reduce sulfur dioxide emissions through reactions of sulfur dioxide and other gases with the lime slurry. This produces gypsum particles which, along with other particles, principally fly ash, are removed in the baghouse. In that facility, the particulate-laden gas stream enters the baghouse, passes through the bag filters where ash is removed, and discharges to the stack.
Bottom ash formed during coal combustion will drop into a water- impounded hopper. From there it will be removed by a submerged drag chain conveyor to a storage facility. The bottom ash as well as the fly ash will be removed from the site for disposal.
Coal will be delivered to the project site by rail and unloaded in a totally enclosed facility through bottom dump hoppers. Coal storage will be provided in both active and inactive piles. The active pile will be maintained in an enclosed building capable of containing seven days' supply of coal. Coal will be reclaimed from the active coal pile and transported in enclosed galleries to the coal crusher. The active coal pile building will include a physical barrier, such as a liner, below the pile to protect groundwater. An outdoor inactive coal pile will contain thirty (30) days of compacted coal. The inactive pile will be grass covered and a liner will be used under it to protect groundwater.
Lime, which will be used in the control of sulfur dioxide emissions, will be delivered in bottom dump rail cars or self-unloading trucks. Rail unloading will take place in a separate unloading building with a dust collection system to prevent fugitive dust emissions. A liner will be installed in the area around the unloading building. Lime will be mechanically transferred from the unloading building in enclosed conveyors to a lime storage silo.
The ICP will also include an auxiliary boiler which serves two functions. First, this boiler will provide start-up steam to the turbine cycle during start-up of the main boiler. The auxiliary boiler also is intended to supply steam to the citrus processing facility during those times when the main boiler is not in operation. This boiler is a package-type boiler capable of firing natural gas, propane or fuel oil.
The ICP's heat dissipation system will consist of a mechanical draft cooling tower, an on-site cooling water storage pond, and an intake structure and pipeline for providing water to the project site. Steam exiting the turbine generator will be condensed by cooling water flowing through a condenser. This heat will ultimately be transferred to the atmosphere in a cooling tower where hot water contacts cool air. In the tower, fans will force air up through falling hot water. The cooled water will be collected in a basin at the bottom of the tower and reused in the plant circulating water system. Mist eliminators will be used within the tower to reduce the escape of water droplets entrained in the air flowing out of the cooling tower. Such water droplets contain solids, including salts, that are present in the cooling water and which could impact vegetation upon which these solids fall. The potential for drift impacts to wetlands has been minimized through the use of mist eliminators that reduce drift to 1/1000th of the plant circulating water flow and by orientation of the cooling tower.
A lined 25-acre cooling water storage pond will be constructed on site to provide nine days of plant water needs. This pond will store water from Taylor Creek/Nubbin Slough and is lined to prevent water loss due to seepage to the ground.
Water will be obtained from Taylor Creek/Nubbin Slough through a water intake structure excavated in the bank of the canal. Two wedge-wire screens, each with the capacity to provide 100 percent of the facility's water needs, will be placed in the intake forebay. The slots in the screen are narrowly spaced, at 1 millimeter, and design flow through the slots is less than one-half foot per second. This will minimize impingement or entrapment of fish or larvae on the intake screens. The intake screens will be connected to a pump house located behind the canal bank with three pumps, each capable of providing 50 percent of the plant's water needs.
From the pump house, water will be conveyed to the on-site cooling water storage pond via an 18 to 24-inch water pipeline to be located within the existing CSX Railroad right-of-way. The pipeline will be buried except where it crosses streams and wetlands. At such locations, the pipeline will be supported on existing bridge supports, be placed on precast pilings or span the wetland entirely.
The ICP is designed so that there will be no discharge of plant wastewaters, including process wastewaters, cooling tower blowdown, or contaminated stormwater. Instead, wastewater will be reused in the plant, further reducing the plant's water needs. The water treatment and recycling
system consists of several components. The plant's cooling water will be treated to remove solids that could cause scaling and corrosion problems. These solids will be removed as a sludge and the treated water will be recycled for cooling.
Raw water requires treatment before use as process water in the plant. Liquid waste from the water treatment system will be treated and cycled through the cooling tower water treatment system prior to being sent to a filter press where solids are removed. A portion of the effluent from the water treatment system will be used directly in the spray dryer for control of sulfur dioxide emissions and a portion of the effluent will be sent to an evaporator where it will be reprocessed, with clean water recycled to the plant and the evaporator brine also used in the spray dryer. During periods when the plant is relying on Floridan water, which is of lower quality, excess wastewater generated by the evaporator cannot be recycled as quickly into the plant process. A lined 8-acre wastewater storage pond will be used to store up to 75 days of wastewater production. When the plant water supply reverts to Taylor Creek/Nubbin Slough, the wastewater stored in this pond will be recycled into the plant for use in the spray dryer.
Sanitary wastewater will be collected and pumped to the Indiantown Water Company for treatment. Potable water needs of the facility will also be supplied by the Indiantown Water Company.
The site will contain several stormwater management basins. The basin around the cooling tower and power block area and the basin serving the coal pile area will be lined. Stormwater in these basins, which could be contaminated by plant activities, will be pumped to the on-site water treatment facilities for use in the plant. Other stormwater management basins are designed to collect and discharge stormwater to existing on-site wetlands to maintain pre-development rates of water flow.
The site contains seven wetlands, totalling approximately 24 acres. Each wetland will be surrounded by a minimum 50-foot upland buffer. Additional upland areas, totalling 59 acres, will also be preserved on site. No plant construction or operations will occur within these wetland or upland preserve areas.
Construction Activities and Schedule
Construction of the ICP will involve initial clearing and grubbing of the site, pile driving, site filling operations, foundation installation, and equipment erection activities. Erosion and sedimentation control measures will be taken in areas requiring land clearing. Appropriate measures will be taken to reduce fugitive dust emissions during construction, including water spraying of roadways, speed reductions, and covered or wetted truck beds to reduce material blown from trucks.
Construction of the water pipeline will require minimal clearing and grubbing, only to the extent required to dig the trench and store topsoil. Backhoes and draglines will be used to install the pipe. Sedimentation and erosion measures will be used to minimize soil erosion and turbidity in streams. The cooling water intake structure at Taylor Creek/Nubbin Slough will be constructed by installing a cofferdam in the canal and excavating behind the cofferdam to install the intake pipes and screens. Local erosion and sedimentation control measures will be undertaken to prevent sediment from entering the canal during construction of the intake.
Investigations of the soil at the site indicate that adequate support for building foundations will be provided. Foundations for major buildings will require pile-type foundations. Other buildings can be constructed on support or spread footings. In the event large structures are relocated to areas where no soils data exist, further field investigations as needed will be undertaken to properly design foundations.
Construction of the ICP should take approximately 3 1/2 years, commencing in mid-1992. The estimated cost of the facility is between $600 million and $700 million. The construction work force will peak at 800 workers for several months in the third year of construction. The average for that third year, 1994, will be approximately 600 construction employees.
Approximately 80 permanent jobs will be created by the ICP. The plant will operate on a 7-day-per-week, around-the-clock basis. ICL has committed to an incentive program to encourage new plant employees to live in and become active in the Indiantown community. Additionally, ICL will undertake a local recruitment program to enhance employment opportunities at the plant for Indiantown residents.
Fuel Use and Supply
The ICP's main boiler is designed to burn a low sulfur coal, containing less than 2% sulfur, as the primary fuel. Coal will be delivered by trains entering and leaving the site from the north, with no coal traffic passing through Indiantown. Three trains per week will be required to supply coal. Ash resulting from coal combustion will be removed from the site for disposal or to be reclaimed for beneficial uses.
Natural gas will be used as a start-up fuel in the main boiler and as the primary fuel in the auxiliary boiler. Propane will act as a backup fuel for natural gas in both boilers. Natural gas will be supplied by an existing gas pipeline which serves the adjacent citrus processing plant.
A very low sulfur fuel oil will be used as an alternate backup fuel when natural gas or propane is not available, such as during a natural gas curtailment. The infrequent deliveries of fuel oil will be by tank truck and pumped to an on-site storage tank which will be designed in accordance with FDER regulations.
Consumptive Water Use
The ICP will utilize surface water withdrawn from the Taylor Creek/Nubbin Slough as its principal source of water for cooling and process water needs. At a 100 percent operating capacity factor, the plant's annual water withdrawal would be 5,430-acre feet. An analysis of the effects of these withdrawals on water levels in Taylor Creek/Nubbin Slough indicated that this source could supply the plant water requirements approximately 95 percent of the time. This conclusion was based on ceasing pumping when the water level in the canal reaches 17.5 feet. During the 16-year study period, the longest period in which the water level dropped below 17.5 feet was approximately 75 days.
The plant's maximum water withdrawals from Taylor Creek/Nubbin Slough represent 0.16 percent of the total annual inflow into Lake Okeechobee and about
5 percent of the flow of the Taylor Creek/Nubbin Slough system. However, Taylor Creek/Nubbin Slough water is high in nutrients, including phosphorous. The
plant's water withdrawals can reduce the annual discharge of phosphorous to Lake Okeechobee by approximately 7.0 tons for a 1.0 percent annual reduction of total phosphorous to Lake Okeechobee. Further, investigations indicate that there will be no impacts to other surface water users in the area of the intake canal.
During periods when surface water is not available from Taylor Creek/Nubbin Slough, the ICP will obtain water from wells in the Floridan aquifer. This groundwater contains high concentrations of total dissolved solids which require treatment before use. Water will be obtained from both the upper production zone, beginning at about 685 feet below ground level, and the lower production zone, beginning at a depth of 1,485 feet below ground, within the Floridan aquifer.
The ICP will use the lowest quality water available in sufficient quantities to meet the Project's water needs. Minimum adverse impacts to the water resource, other legal users, or land uses are anticipated.
Surface Water Management
Construction and operation of the project will involve treatment, storage and management of surface water runoff resulting from rainfall. Existing drainage consists of a ditch which traverses the site from north to south. The stormwater runoff currently has a low flow velocity and is
ultimately conveyed to the St. Lucie Canal, approximately 2.5 miles to the south via an existing system of agricultural canals.
Construction drainage will consist of drainage ditches, swales, and culverts directing stormwater into several sedimentation basins. Operations drainage will consist of a series of permanent basins that will collect, treat, and either recycle or discharge stormwater. The expected increase in peak stormwater runoff will be alleviated by two stormwater management basins which will store incremental runoff while releasing water to maintain pre-development discharge rates, including flows to on-site wetlands and ditches. The stormwater management system is also designed to provide water quality control for stormwater prior to discharge. Oil/water separators, trash racks, and emergency cutoff devices will be installed to provide additional water quality protection. A surface water quality monitoring program will be implemented during construction and operation to detect any impacts to surface waters.
Stormwater within three basins which have the potential to pick up contaminants will not be discharged but will be recycled to the plant for treatment and use. These basins include the area around the cooling tower and the west side of the power block, the outdoor covered coal pile, and the wastewater pond. The stormwater management system and the other impoundments are designed in accordance with SFWMD's regulations for such facilities.
Impacts to Surface Waters
Impacts on surface water hydrology from the Project construction and operation will be minimal. Because the plant will utilize a "zero discharge" wastewater treatment system, there will be no impact from plant wastewater discharges. The stormwater management system will collect, detain, possibly treat, and discharge stormwater using design features to remove potential contaminants and maintain acceptable water quality. That portion of the existing ditch traversing the site which will be relocated has been designed to
minimize impacts of slightly higher peak stormwater runoff rates from developed areas during a design storm through removal and replacement of damaged culverts in that ditch.
Plant water withdrawals from Taylor Creek/Nubbin Slough will have minimal impacts on the flow in that water body. Water levels in the canal will not deviate significantly from historical water levels during a normal year as a result of surface water withdrawals. The quantity of water withdrawn will have a negligible impact on Lake Okeechobee. However, these withdrawals will have a significant positive impact on water quality by reducing nutrient inflows to the lake.
Impacts to Groundwater Resources
Construction and operation of the ICP will require short-term and
long-term groundwater withdrawals. Temporary dewatering of groundwater near the surface will be required during construction of the coal unloading building and of the circulating water lines. Analyses show that these construction activities are not expected to adversely affect nearby wetlands or water wells. Mitigation measures, including installation of sheet piling and infiltration galleries (which direct water into the ground), will be used to insure no adverse impacts. No impact is expected to occur to the groundwater contaminant plume on the adjacent Florida Steel site.
During operation, the ICP will withdraw water from the Floridan aquifer as a backup water source. Geophysical and computer analyses of these withdrawals indicate that there will be minimal effects on other groundwater users. These analyses are subject to confirmation by an aquifer performance test (APT) to be conducted once the on-site storage pond has been constructed. In the event the APT results are not consistent with the modeling analyses and impacts to the nearby Caulkins wells are likely, mitigation for these impacts will be provided in accordance with an agreement between ICL and the Caulkins Citrus facility to mitigate any impacts to Caulkins' wells as a result of the ICP withdrawals.
Use of impervious liners beneath the coal unloading and storage areas and the wastewater and stormwater basins will prevent adverse effects on groundwater due to the percolation of potentially contaminated water into the surficial aquifer. A groundwater monitoring plan will be implemented during construction and operation to detect any impacts to groundwater.
Waste Management
The ICP will generate solid wastes from the operation of the combustion system, the water and wastewater treatment system, and the flue gas cleaning system. Miscellaneous wastes such as general office refuse and maintenance wastes will also be produced. There will be no on-site disposal of solid wastes. Combustion ash and solids from the dry scrubber will be removed from the site for off site disposal or recycling. The filter cake from the water treatment, consisting of solids removed from raw water, will be disposed of off site. The filter cake is not expected to be hazardous and may have value as a fertilizer due to the high phosphorous content of the surface water. The spent resin beds in the water treatment demineralizer will be removed by their suppliers. Miscellaneous office wastes will be directed to a licensed, off-site disposal area.
The ICP may generate small quantities of wastes that may be classified as hazardous, including solvents, spent acids, caustics, and water treatment materials. The acids and caustics will be neutralized in a neutralization tank for pH adjustment and will not require further handling as a hazardous wastes. Generation of other hazardous wastes will be minimized by use of less hazardous or nonhazardous materials or systems. Hazardous wastes that are produced will be properly placed in a lined storage-for-disposal area and removed from the site within 90 days by a permitted hazardous waste transporter.
Air Pollution Controls and Impact Analysis
The Indiantown Cogeneration Project is located in Martin County, which has been designated by the U.S. Environmental Protection Agency and DER as an attainment area for all six criteria (or regulated) air pollutants.
Under federal and State of Florida Prevention of Significant Deterioration (PSD) regulations, the ICP is subject to "new source review." This review requires that the ICP meet new source performance standards (NSPS) and that best available control technology (BACT) be applied to control emissions of PSD air pollutants emitted in excess of applicable significant emission rates. For the ICP, a BACT analysis must be conducted for the following pollutants: nitrogen oxides, sulfur dioxide, particulate matter, carbon monoxide, volatile organic compounds, acid gases, mercury, beryllium, arsenic, and radionuclides.
The term "BACT" is defined in Chapter 17-2.100(28), Florida Administrative Code, as
An emission limitation, including a visible emission standard, based on the maximum degree of reduction of each pollutant emitted which the Department [of Environmental Regulation], on a case-by-case basis, taking into account energy, environmental and economic impacts, and other costs, determines is achievable through application of production processes and available methods, systems and techniques (including fuel cleaning or treatment or innovative fuel combustion techniques) for control of each such pollutant.
Such an analysis is conducted by identifying available and technically feasible emission control alternatives and evaluating their degree of emission reduction, costs, and adverse impacts. BACT for each pollutant is the most stringent degree of emission control that is not rejected on the basis of unreasonable economic, energy, environmental, or other technical grounds. The BACT requirements are intended to insure that a proposed facility such as the ICP incorporates emission controls reflecting the latest techniques used in a particular industry, while allowing for future growth in the vicinity of the proposed facility.
For nitrogen oxides, the BACT determination established an emission level of 0.17 pounds per million BTU's (lb/MMBTU) of fuel consumed. This emission level can be achieved by the use of low NOx burners which minimize the formation of nitrogen oxides and the use of a selective non-catalytic reduction
system. For control of sulfur dioxide and other acid gases, the BACT analysis determined that an emission level of 0.17 lb/MMBTU of SO2 could be best achieved by use of a dry scrubber process.
The BACT analysis for control of particulate matter concluded that the level of emission control was best achieved using a fabric filter in a baghouse. Other trace metal pollutants, including arsenic, beryllium, and mercury, which are emitted as particulate matter, were also concluded to be best controlled by a fabric filter. The fabric filter will also act as the appropriate control for radionuclides. For carbon monoxide and volatile organic compounds, BACT has been determined to be the design of the combustion control system to maximize combustion efficiency.
For the auxiliary boiler, the BACT analysis concluded that the appropriate emission levels could be achieved for sulfur dioxide by using fuel sulfur limitations; for nitrogen oxides, by using low NOx burners; for particulate matter, by using low-ash, clean fuels; and for carbon monoxide and volatile organic compounds, by employing combustion controls which minimize the formation of these pollutants.
Fugitive dust emissions will be generated by the delivery, storage, and handling of coal, lime, and ash. These emissions will be controlled by a variety of control technologies and techniques, which were determined to be BACT for the control of fugitive emissions. The active coal pile will be totally enclosed in a building ventilated through a fabric filter. Coal, lime, and ash will be conveyed and handled within enclosed conveyors, also equipped with fabric filters. Fly ash will be conveyed within pneumatic systems which exhaust through a fabric filter and will be stored within enclosed silos before being transported off site. These various control methods result in minimal emissions of fugitive dust from the ICP.
In addition to applying the "best available control technologies," air emissions from the project must also comply with federal and state ambient air quality standards (AAQS) for six criteria pollutants and must not exceed the PSD increments for sulfur dioxide, particulates, and nitrogen oxides. Martin County and the contiguous counties are in a Class II area for PSD purposes, areas where moderate increases in air pollutants are allowed. An air quality analysis, undertaken in accordance with monitoring and computer modeling procedures approved by DER, demonstrates that the ICP will not cause or contribute to any violations of state or national ambient air quality standards. The ICP's predicted impacts also comply with the allowable Class II PSD increments for sulfur dioxide, particulates, and nitrogen oxides.
An analysis of potential visibility impacts to the nearest PSD Class I area, the Everglades National Park, predicted that no significant visibility impairment will be observed in the Park. An analysis of potential air quality impacts from commercial, residential, and industrial growth that might result from the Project indicates that minimal associated growth is anticipated and therefore no air quality related impacts attributable to such growth are anticipated. No adverse impacts to area soils and vegetation are expected to occur as a result of Project emissions.
An impact analysis was also undertaken for non-criteria pollutants (or air toxins). Four trace elements, beryllium, fluorides, inorganic arsenic, and mercury, which were shown to be emitted in significant amounts, were analyzed. While ambient air quality standards have not been established for these pollutants, a DER draft list of "no threat" levels has been published. These
"no threat" levels can be used for a health effects evaluation. They are based upon conservative assumptions to insure protection of public health and incorporate an ample margin of safety so that no impact to the public health is expected where predicted concentrations are below these levels. For the ICP, there are no exceedances of the "no threat" levels and it may be concluded that these trace element emissions will impose no significant health risks.
An analysis of the impacts of drift from the cooling tower indicated that there would be no impact to nearby vegetation, including wetlands, or to surface waters as a result of the ICP's operations. Orientation of the cooling tower, use of advanced drift eliminators, and collection of stormwater within the area around the cooling tower will be implemented to minimize the effects of any salts contained in the drift. Additionally, a monitoring program will be undertaken to evaluate wetlands that may be potentially affected by cooling tower drift. A computer modeling analysis of the potential for ground fogging by the cooling tower plume indicates that there will be no fogging on nearby roadways as a result of the Plant's operations.
Noise Impacts
A field survey for ambient noise levels indicates that existing noise levels are very low, as one would expect in a largely rural farming area. The dominant noise source in the area is road traffic from nearby State Road 710.
An impact assessment of noise from project construction and operation indicates that, except for short term, sporadic site construction activities which will be perceptible at the nearest residence, noise levels from the Project will be insignificant. During construction the most significant noise sources will be pile driving, steam blowouts to clean pipes, and operation of diesel-powered equipment. However, these activities will be infrequent and the 3,500 foot distance to the nearest residence will buffer construction noise levels. Public notice will be given for any steam blowouts which are expected to occur over a two-week period. During plant construction and operation, noise reduction measures will be taken to maintain a relatively quiet noise environment for any existing residents who might be affected. These noise abatement measures are intended to insure land use compatibility with a substantial margin of assurance.
Wetlands, Vegetation, and Wildlife Impacts
The predominant natural vegetation on the project site consists of pine flatwoods with scattered shallow wet prairie wetlands. The land along the northern portion of the site within the existing transmission line corridor is described as ruderal. These vegetation communities are common throughout the region. No threatened or endangered plant species were found on the plant site. Three ferns found on the Project site are listed by the Florida Department of Agriculture and Consumer Services as threatened so as to protect them from commercial exploitation. However, these ferns are common in peninsular Florida and any impacts will be negligible.
The ICP has been designed to avoid impacts to all wetlands located on the project site. These wetlands vary in quality from good to poor, with the poor quality wetlands having been impacted by cattle grazing, drainage, and drought conditions.
The land within the pipeline corridor has been previously altered by construction, operation, and maintenance of the existing railroad. The uplands and wetlands are of low ecological value. Most of the water crossings have been channelized and are dominated by weedy wetland species. Construction of the pipeline will result in no significant changes in upland vegetation. Use of aerial crossings, pilings, or existing bridges to cross wetlands with the pipeline will produce negligible impact on previously disturbed wetland areas.
The project site, the pipeline corridor, and the site of the water intake structure were all surveyed for the presence of wildlife, including threatened and endangered species. No habitats of endangered or threatened species were found to exist in the vicinity of or on the proposed plant site. The biological resources of the site consisted of species common to the pine and wet prairie communities of southeast Florida. The fish and aquatic species at the site of the intake structure are common freshwater species for the Lake Okeechobee-Kissimmee River system. The clearing of up to 135 acres of on-site pine flatwoods will have insignificant impacts on wildlife since this habitat is regionally common. Since construction of the pipeline will result in neither significant changes in upland vegetation nor any impacts to wetlands, there will be no permanent displacement of wildlife within the previously disturbed areas of the pipeline corridor.
Traffic Impacts
A highway traffic analysis conducted for the Project demonstrates that local roadways will not be significantly adversely affected. This analysis was undertaken in accordance with methodologies required by Martin County, Treasure Coast Regional Planning Council, and the Florida Department of Transportation. The analysis for up to 800 construction personnel and 80 operational employees using these methodologies indicates that all area roads will operate at acceptable levels of service.
ICL will construct a new plant access road that will connect State Road 710 to South West Farms Road to the southeast of the project site. This access road will provide direct access to the Caulkins Citrus facility from the citrus groves located west of the plant and reduce citrus truck traffic which currently must pass through downtown Indiantown to reach the Caulkins plant. This road is shown as a future improvement on the traffic element of the Martin County comprehensive plan.
Pursuant to a stipulation with DOT and other agencies, ICL has committed to construct a right turn lane into the new plant access road from the southbound lane of State Road 710 to provide safe turning movements. ICL has also committed to make improvements at the intersection of the new plant access road and State Road 710 to accommodate traffic turning right on to State Road 710 from the plant access road.
Land Use Compatibility and Socioeconomic Impacts
The site for the ICP is an appropriate location for a power plant from a land use perspective. The site is currently surrounded by agriculturally related manufacturing and processing plants and other agricultural activities, including pasture and citrus groves. Necessary infrastructure, including road and rail access, already exists or will be available concurrent with project development. Although the site is located in a rural area, the ICP site is within commuting distance of metropolitan areas, which have an ample supply of skilled labor to construct and operate the plant. Visually, the project
facilities will be compatible with the other uses in the area. Further, the site is set back from State Road 710 and a vegetative buffer will screen the site from nearby roadways. Use of the railroad right-of-way for installation of the pipeline is compatible with railroad operations and will result in no disruption of existing land use patterns. The water intake structure in Okeechobee County will not have any land use impact.
The Indiantown Cogeneration Project is generally compatible with the goals and policies of the State Comprehensive Plan and the Treasure Coast Regional Comprehensive Policy Plan.
The ICP will have a substantial beneficial impact on the local economy and tax revenues. The annual project construction payroll is estimated to peak at nearly $17.7 million. Permanent employment of 80 new operations employees will produce an estimated annual payroll of $2.3 million. Indirect employment in the local economy as a result of plant operations will create an additional
155 jobs with an estimated annual payroll of $3.0 million.
For Martin County government the net fiscal effect of the ICP will be positive, generating a surplus of tax revenues over public expenditures on the order of $3.7 million per year. For the Martin County taxing district that includes Indiantown, district tax revenues will increase by about 20-25% per year or approximately $210,000 at project buildout.
Okeechobee County will also realize economic benefits from the project with construction wages between $1.25 million and $3.75 million for construction employees living in Okeechobee County. An annual payroll of $442,000 for Okeechobee County residents is expected from permanent jobs during plant operation. Net revenues to Okeechobee County as a result of project operation are expected to increase by over $50,000 per year.
Archaeological, Cultural, and Historic Resources
A survey of the project site, including the pipeline corridor, revealed no archaeological or cultural sites. Two areas of possible historic interest were located but they are outside the areas to be developed. In the event archaeological or cultural resources are discovered during project construction, adequate procedures to protect such finds have been accepted by ICL as a condition of certification.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of the parties to and the subject matter of this proceeding. Section 403.508(3), Florida Statutes (Supp. 1990).
This proceeding was held to implement the purpose and intent of the electrical power plant site certification process, which is to assure the citizens of Florida that construction and operation safeguards of the Indiantown Cogeneration Project are technically sufficient for their welfare and protection, and to effect a reasonable balance between the need for the proposed project and the environmental impact resulting from its construction and operation, including air and water quality, fish and wildlife, and the water resources and other resources of the State. Subsections 403.502(1) and (2), Florida Statutes (Supp. 1990).
In accordance with Chapter 403, Part II, Florida Statutes (Supp. 1990), Chapter 120, Florida Statutes, and Chapter 17-17, Florida Administrative Code, proper notice of this hearing was given to all persons and parties entitled thereto as well as to the general public. All the necessary and required governmental agencies were parties to this proceeding. All required reports and studies were completed and presented.
The Florida Public Service Commission, by an order dated March 21, 1991, determined the need for the electrical generating capacity to be supplied by the Project, pursuant to Section 403.519, Florida Statutes (Supp. 1990).
The Governor and Cabinet of the State of Florida, sitting as the Siting Board, determined on September 24, 1991, that the proposed site of the ICP is in conformity with existing land use plans and zoning ordinances.
The Florida Department of Environmental Regulation and the other participating agencies either have recommended, do not object to, or take no position as to certification of the project for construction and operation, subject to this order and the attached conditions of certification.
ICL, the applicant, has entered into settlement stipulations with the Department of Environmental Regulation, the Department of Community Affairs, the Department of Transportation, the Game and Fresh Water Fish Commission, the South Florida Water Management District, the Treasure Coast Regional Planning Council, and Martin County. These stipulations contain conditions of certification that are acceptable to all parties and which are incorporated into the conditions of certification appended as Appendix A to this Recommended Order. As a result of these stipulations, none of the parties oppose certification. The South Florida Water Management District and the Florida Game and Fresh Water Fish Commission do not take any position as to issues outside their jurisdiction. The Treasure Coast Regional Planning Council takes no position as to the granting of certification; however, any certification should be subject to the attached conditions.
Based on a preponderance of the evidence presented at the certification hearing, Indiantown Cogeneration, L.P., the applicant, has met its burden of proving that the Indiantown Cogeneration Project is entitled to certification. Competent, substantial evidence adduced at the hearing demonstrates that the construction and operational safeguards for the ICP are technically sufficient for the welfare and protection of the citizens of Florida and are reasonable and available methods to achieve that protection. The proposed project, if constructed, maintained and operated in accordance with this Recommended Order and the attached conditions of certification, will produce minimal adverse effects on human health, the environment, the ecology of the land and its wildlife, and the ecology of state waters and their aquatic life. Certification for construction and operation of this project is consistent with the premise of abundant, low-cost electrical energy and will effect a reasonable balance between those environmental impacts which will occur and the PSC-determined need for this Project.
RECOMMENDATION
Based upon the entire record of this proceeding and the above Findings of Fact and Conclusions of Law, it is hereby recommended that Indiantown Cogeneration, L.P., be granted certification pursuant to Chapter 403, Part II, Florida Statutes (Supp. 1990), for the location, construction, and operation of the Indiantown Cogeneration Project as proposed in the Site Certification
Application and the responses to agency sufficiency comments and in accordance with the Conditions of Certification, attached hereto and incorporated as Appendix A.
RECOMMENDED this 24th day of December, 1991, at Tallahassee, Florida.
DIANE K. KIESLING, Hearing Officer Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675 Suncom 278-9675
Filed with the Clerk of the Division of Administrative Hearings this 24th day of December, 1991.
COPIES FURNISHED:
Douglas S. Roberts Carolyn S. Raepple Gary P. Sams Attorneys at Law Post Office Box 6526
Tallahassee, FL 32314 (Counsel for Applicant)
Richard T. Donelan, Jr. Assistant General Counsel Department of Environmental
Regulation
Twin Towers Office Building 2600 Blair Stone Road Tallahassee, FL 32399-2400
Kathryn Funchess, Assistant General Counsel David L. Jordan, Assistant General Counsel
G. Stephen Pfeiffer, General Counsel Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399-2100
Vernon L. Whittier, Jr. Assistant General Counsel Department of Transportation Haydon Burns Building
605 Suwannee Street
Tallahassee, FL 32399
John Fumero Cecile I. Ross Attorneys at Law
South Florida Water Management District
3301 Gun Club Road Post Office Box 24680
West Palm Beach, FL 33416-4680
Roger G. Saberson Attorney at Law
70 S.E. 4th Avenue
Delray Beach, FL 33483-4514
(Treasure Coast Regional Planning Council)
Ken Plante, General Counsel Department of Natural Resources 3900 Commonwealth Boulevard
Tallahassee, FL 32399
Fred W. Van Vonno Assistant County Attorney Martin County
2401 Southeast Monterey Road Stuart, FL 34996
Robert V. Elias, Staff Counsel Division of Legal Services Florida Public Service Commission
101 East Gaines Street Fletcher Building, Room 212 Tallahassee, FL 32399-0850
Brian Sodt
Ernie Caldwell, Interim Executive Director Central Florida Regional Planning Council Post Office Box 2089
Bartow, FL 33830-2089
John D. Cassels, Jr.
Attorney at Law
Post Office Box 968
400 Northwest Second Street Okeechobee, FL 34973
(Counsel for Okeechobee County)
James Antista, General Counsel
Kenneth McLaughlin, Assistant General Counsel Florida Game and Fresh Water Fish Commission Bryant Building
620 South Meridian Street Tallahassee, FL 32399-1600
Hamilton S. Oven, Jr., P.E., Administrator Office of Siting Coordination
Department of Environmental Regulation 2600 Blair Stone Road
Tallahassee, FL 32399-2400
Board of Trustees of the
Internal Improvement Trust Fund 3900 Commonwealth Boulevard, Room 153
Tallahassee, FL 32399-3000
Honorable Lawton Chiles Governor
State of Florida The Capitol
Tallahassee, Florida 32399
Honorable Robert A. Butterworth Attorney General
State of Florida The Capitol
Tallahassee, Florida 32399-1050
Honorable Bob Crawford Commissioner of Agriculture State of Florida
The Capitol
Tallahassee, Florida 32399-0810
Honorable Betty Castor Commissioner of Education State of Florida
The Capitol
Tallahassee, Florida 32399
Honorable Jim Smith Secretary of State State of Florida The Capitol, PL-02
Tallahassee, Florida 32399-0250
Honorable Tom Gallagher
Treasurer and Insurance Commissioner State of Florida
The Capitol
Tallahassee, Florida 32399-0300
Honorable Gerald A. Lewis Comptroller
State of Florida
The Capitol, Plaza Level Tallahassee, Florida 32399-0350
APPENDIX A TO RECOMMENDED ORDER, CASE NO. 90-8072EPP
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
In Re: APPLICATION FOR POWER PLANT )
SITE CERTIFICATION OF ) DOAH CASE NO. 90-8072EPP INDIANTOWN COGENERATION ) DER CASE NO. 90-31 PROJECT )
)
[Conditions of Certification copied from original provided by parties]
=================================================================
AGENCY FINAL ORDERS
=================================================================
BEFORE THE GOVERNOR AND CABINET STATE OF FLORIDA
SITTING AS THE SITING BOARD
IN RE:
APPLICATION FOR POWER PLANT
SITE CERTIFICATION OF DOAH CASE NO. 90-8072EPP INDIANTOWN COGENERATION
PROJECT, PA 90-31
/
FINAL ORDER APPROVING CERTIFICATION
On February 4, 1992, this matter came before the Governor and Cabinet, sitting as the Siting Board, pursuant to the Florida Electrical Power Plant Siting Act (PPSA), Section 403.501, et seq., Florida Statutes (1991), for final agency action concerning a Recommended Order dated December 24, 1991, attached as Exhibit 1, which recommends site certification for the Indiantown Cogeneration Project Power Plant. On September 24, 1991, the Board adopted a previous Recommended Order in this case which concluded that the proposed project was consistent with all applicable zoning ordinances and land use plans. The Public Service Commission entered a Final Order certifying the need for the proposed project on March 21, 1991.
No exceptions to the Recommended Order have been filed. Having reviewed the Recommended Order and having otherwise been fully advised, it is ORDERED:
Pursuant to Section 120.57(1)(b)10, Florida Statutes (1991), the Recommended Order dated December 24, 1991, (Exhibit 1) is APPROVED and ADOPTED by the Board.
The Board hereby APPROVES certification of the location, construction, and operation of the Indiantown Cogeneration Project at the proposed site, subject to the Conditions of Certification contained in Appendix A of Exhibit 1.
The Board hereby DELEGATES to the Department of Environmental Regulation the authority to assure and enforce compliance by Indiantown Cogeneration Partnership and its agents with all of the Conditions of Certification.
NOTICE OF RIGHTS
Any party to this certification proceeding has the right to seek judicial review of this Order pursuant to Section 120.68, Florida Statutes, by the filing of a notice of appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the Siting Board in the Department of Environmental Regulation Office of General Counsel, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; and by filing a copy with the appropriate District Court of Appeal. The notice of appeal must be filed within 30 days from the date this Final Order is filed with the Clerk of the Siting Board.
DONE and ORDERED this 6th day of February, 1992, in Tallahassee, Florida, pursuant to the vote of the Governor and Cabinet sitting as the Siting Board, at a duly-noticed and constituted Cabinet meeting on February 4, 1992.
THE GOVERNOR AND CABINET SITTING AS THE SITING BOARD
BY: THE HONORABLE LAWTON CHILES
FILING AND ACKNOWLEDGEMENT
FILED, on this date, pursuant to S120.52
Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged.
2/7/92 Clerk Date
I hereby certify that the attached order was provided by mail on this 13th day of February, 1992, to the following persons:
The Honorable Lawton Chiles Governor
The Capitol, Room 210 Tallahassee, Florida 32399
The Honorable Jim Smith Secretary of State
The Capitol, LL-10 Tallahassee, Florida 32399
The Honorable Robert A. Butterworth
-Attorney General
The Capitol, Plaza Level Tallahassee, Florida 32399
The Honorable Bob Crawford Commissioner of Agriculture The Capitol, Plaza level Tallahassee, Florida 32399
The Honorable Gerald A. Lewis State Comptroller
The Capitol, Room 2001 Tallahassee, Florida 32399
The Honorable Tom Gallagher
State Treasurer and Insurance Commissioner The Capitol, LL-27
Tallahassee, Florida 32399
The Honorable Betty Castor Commissioner of Education The Capitol, Plaza Level Tallahassee, Florida 32399
Hamilton S. Oven, Jr., P.E.
Florida Department of Environmental Regulation
2600 Blair Stone Road, Room 309L Tallahassee, FL 32399-2400
Richard T. Donelan, Esquire Assistant General Counsel
Florida Department of Environmental Regulation
2600 Blair Stone Road, Room 654
Tallahassee, Florida 32399-2400
Kathryn Funchess Stephen Pfeiffer General Counsel
Florida Department of Community Affairs 2740 Centerview Drive
Tallahassee, Florida 32399-2100
Vernon Whittier
Assistant General Counsel Department of Transportation Haydon Burns Building
605 Suwannee Street, M.S. #58
Tallahassee, Florida 32399
John Fumero
South Florida Water Management District Post Office Box 24680
West Palm Beach, Florida 33416-4680
Eugene McClellan, Assistant General Counsel Department of Natural Resources
3900 Commonwealth Boulevard
Tallahassee, Florida 32399
Roger G. Saberson
Attorney for Treasure Coast Regional Planning Council
70 S.E. 4th Avenue
Delray Beach, FL 33482-4514
Fred W. Van Vonno Assistant County Attorney Martin County
2401 Southeast Monterey Road Stuart, Florida 34996
Brian Sodt
Central Florida Regional Planning Council Post Office Box 2089
Bartow, Florida 33830-2089
John D. Cassels, Jr.
Counsel for Okeechobee County Post Office Box 968
400 Northwest Second Street Okeechobee, Florida 34972
James Antista, General Counsel
Kenneth McLaughlin, Assistant General Counsel Florida Game and Fresh Water Fish Commission Bryant Building
620 South Meridian Street Tallahassee, FL 32399-1600
Doug Roberts Carolyn S. Raepple Gary Sams Attorneys at Law
Box 6526 Tallahassee, FL 32314 (Counsel for Applicant)
General Counsel
Department of Environmental Regulation
BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION
In Re: INDIANTOWN COGENERATION L.P., MODIFICATION OF
CERTIFICATION PA 90-31 DER CASE NO. PA 90-31 MARTIN COUNTY, FLORIDA DOAH CASE NO. 90-8072EPP
/
FINAL ORDER MODIFYING CONDITIONS OF CERTIFICATION
On February 6, 1992, the Governor and Cabinet, acting as the Siting Board, issued a final order approving certification for the Indiantown Cogeneration, L.P., (ICL) Project. That certification order approved the construction and operation of a 330 MW (net) cogeneration facility and associated facilities to be located in Martin and Okeechobee Counties, Florida.
On April 21, 1992, ICL filed a request to modify the conditions of certification pursuant to section 403.516(1)(b), F.S. ICL requested that the conditions be modified to approve several recently identified changes to the project design and operation. These proposed changes include alternate rail spur corridors to the project site, changes to or increases in the storage capacity of various onsite facilities, an additional nitrogen oxide control option, use of two auxiliary boilers one-half the size of the original auxiliary boiler, onsite fuel storage facilities, and alterations to the plant layout.
Copies of ICL's request were distributed to all parties to the certification proceeding and made available for public review. On May 1, 1992, a Notice of Proposed Modification of Power Plant Certification regarding the proposed modifications was published in the Florida Administrative Weekly. ICL published notice of the proposed modification in the Indiantown News on April 29, 1992. The notices specifies that a hearing would be held if requested on or before 45 days from receipt of the proposed modification by the parties or within 30 days of publication of the notice. No hearing was requested. No person has filed written objections to the proposed modifications.
Accordingly, in the absence of any dispute, IT IS ORDERED:
The proposed changes to the Indiantown Cogeneration Project, described in the April 20, 1992, request for modification, are approved based on the absence of any request for a hearing or written objections. The Department hereby approves the requested modifications. All modifications to the original certification as conceptually described in the request for modification, in and of themselves and as they impact the total infrastructure, shall be in conformance and in compliance with the following as appropriate:
Domestic Waste Treatment and Disposal Facilities - Chapters 17-4, 17-28, 17-600, 17-602, 17-604, 17-610 and
17-640, F.A.C.
- Potable Water - Chapters 17-4, 17-531, 17-532, 17-550,
17-555, and 17-560, F.A.C.
Industrial Waste - Chapters 17-4, and 17-660, F.A.C.
Stormwater - Chapters 17-4, and 17-25, F.A.C.
Pursuant to Section 403.516(1)(b), F.S. the Department hereby modifies the conditions of certification for the Indiantown Cogeneration Project as follows:
Condition II(1), B.1. is revised to read as follows:
Boilers
The Pulverized Coal (PC) boiler is permitted to operate at a maximum of 3422 MMBtu/hr heat input (nominal 330 MW). This facility shall be allowed to operate continuously (8,760 hrs/yr.) In addition to the PC boiler, the facility will have one or two auxiliary boilers rated at up to a combined total of 342 MMBtu/hr (#2 Fuel Oil) and a combined total of 358 MMBtu/hr (Natural Gas or Propane) which operate at the combined total heat input rate a maximum of 5,000 hours with up to 1000 hrs/yr on #2 Fuel Oil and the balance on natural gas or propane.
Condition II(1), B.2.b. is revised to read as follows:
B. Auxiliary Boiler
The auxiliary boiler or boilers, rated at up to a combined total of 358 MMBtu/hr (Natural Gas and propane) and a combined total of 342 MMBtu/hr (#2 Fuel Oil), shall be limited to a maximum of 5000 hours/year at the combined total heat input rates with up to 1000 hrs/yr firing #2 Fuel Oil with 0.05% sulfur, by weight, and the balance firing natural gas or propane. The maximum total annual emissions from the auxiliary boiler or boilers will be as follows when firing #2 Fuel Oil:
Condition Part II (2), Wetlands, create a new paragraph K. to read as follows:
K. The provisions of Condition II(2) are also applicable to wetlands located along the alternate rail corridors connecting the site to the CSX Railroad.
Condition II(3) - create a new paragraph D. to read as follows:
D. Tanks
Diesel fuel also will be used to fuel on-site locomotives which move rail cars around the Site. Diesel fuel will be delivered by truck and stored in above-ground storage tanks designed, constructed and maintained in
accordance with Chapter 17-762, F.A.C., including secondary containment. Stormwater will be collected from the bermed area around the tanks and pumped back to the plant for treatment and use. Any pollutant storage tanks on-site for facility construction activities must also be above-ground and designed, constructed and maintained in accordance with Chapter 17-762, F.A.C., including secondary containment.
Conditions Part IV, C, 1. - create a new paragraph k. to read as follows:
k. In the event the rail spur selected by the permittee impacts the surface water management system of an existing legal user, the permittee shall be responsible for correcting any water quality or water quantity problems resulting from the selected rail spur. Detailed clans and supporting calculations shall be submitted to SFWMD pursuant to Conditions IV, C, 3., a. (3).
Condition Part VI - create a new paragraph 8 to read as follows:
8. The permittee shall obtain approval from the Department of Transportation, pursuant to Rule 14-46.003(2), F.A.C., for any public railroad- highway grade crossings associated with the rail spur the permittee selects to connect the Project Site to the CSX Railroad.
Any party to this Order has the right to seek judicial review of the Order pursuant to Section 120.68, Florida Statutes, by the filing of Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the clerk of the Department of Environmental Regulation in the Office of General Counsel, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within
30 days from the date that the Final Order is filed with the Department of Environmental Regulation.
DONE AND ENTERED this 20th day of July, 1992 in Tallahassee, Florida.
STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION
Carol M. Bowman Secretary
Twin Towers Office Building Date 2600 Blair Stone Road Tallahassee, FL 32399-2400
Telephone: (904) 488-9730
FILING AND ACKNOWLEDGEMENT
FILED, on this date, pursuant to S120.52
Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged.
7/21/92 Clerk Date
| Issue Date | Proceedings |
|---|---|
| Dec. 29, 1992 | Final Order Approving Certification filed. |
| Dec. 24, 1991 | Recommended Order sent out. CASE CLOSED. Hearing held 10-21-91. |
| Dec. 16, 1991 | Stipulation Between Indiantown Cogeneration L. P. and Board of Trustees of the Internal Improvement Trust Fund filed. |
| Dec. 16, 1991 | Notice of Filing Conditions of Certification; Table of Contents; Conditions of Certification filed. |
| Dec. 11, 1991 | Stipulation Between Indiantown Cogeneration L.P. and Board of Trustees of the Internal Improvement Trust Fund filed. |
| Dec. 06, 1991 | Letter to DKK from Roger G. Saberson (re: not submitting PRO) filed. |
| Dec. 04, 1991 | Transcript (2 Vols) w/Notice of Submittal of Original Transcripts forIndiantown Cogeneration L. P. Hearings Held On October 21, 1991 filed. (From Gary P. Sams) |
| Dec. 03, 1991 | Notice of Filing of Joint Proposed Findings of Fact, Conclusions of Law, and Recommended Order Of Indiantown Cogeneration, L. P., Departmenet of Environmental Regulation, Deprtment of Transportation, South florida Water Management District, Florida Game a |
| Dec. 03, 1991 | Joint Proposed Findings of Fact, Conclusions of Law, and Recommended Order of Indiantown Cogeneration, L. P., Department of Environmental Regulation, Department of Transportation, South Florida Water Management District, Florida Game And Fresh Water Fish |
| Nov. 27, 1991 | Stipulation between Indiantown Cogeneration L. P. and Okeechobee County, FL filed. |
| Nov. 01, 1991 | Stipulation Between Indiantown Cogeneration L.P. and South Florida Water Management District w/Exhibit-1; Notice of Filing Affiavits Adopting Testimony and Exhibits w/Affidavit Adopting Written Testimony & Affidavit Adopting Written Testimony filed. (Doug |
| Nov. 01, 1991 | Stipulation Between Indiantown Cogeneration L. P. and Martin County, Florida; Notice of Filing Copy of Stipulation Between Indiantown Cogeneration L.P. and Tresure Coast Regional Planning Council w/StipulationBetween Indiantown Co generation L.P. and Trea |
| Oct. 21, 1991 | CASE STATUS: Hearing Held. |
| Oct. 18, 1991 | Stipulation Between Indiantown Cogeneration, L. P. and Department of Transportation filed. |
| Oct. 17, 1991 | (joint) Stipulation Between Indiantown Cogneration L. P. and Department of Community Affairs filed. |
| Oct. 17, 1991 | Map with Directions to Inidantown Family Center & cover ltr filed. (From Douglas S. Roberts) |
| Oct. 16, 1991 | Indiantown Cogeneration Project Prehearing Stipulation filed. |
| Oct. 15, 1991 | Indiantown Cogeneration, L.P.'S Notice of Filing Written Direct Testimony filed. |
| Oct. 11, 1991 | Stipulation Betwee Indiantown Cogeneration L. P. and Florida Game andFresh Water Fish Commission w/Exhibit-1 filed. |
| Oct. 03, 1991 | Final Order filed. |
| Oct. 02, 1991 | (Indiantown Cogeneration) Notice of Filing Certified Proofs of Publication filed. (From Gary Sams) |
| Sep. 20, 1991 | Treasure Coast Regional Planning Councli Witness, Exhibit, and IssuesList filed. (From Roger G. Saberson) |
| Sep. 20, 1991 | Martin County's Final Witness and Exhibit List filed. (From Fred W. van Vonno) |
| Sep. 20, 1991 | Notice of Appearance w/South Florida Water Management District's Witness and Exhibit List filed. (From Cecile I. Ross) |
| Sep. 20, 1991 | Notice of Ex Parte Communication sent out. |
| Sep. 19, 1991 | South Florida Water Management District List Of Issues in Dispute filed. (From Cecile I. Ross) |
| Sep. 19, 1991 | Department of Environmental Regulation's Statement of Issues, Witnesses, and Exhibits filed. (Richard Donelan, Jr.) |
| Sep. 18, 1991 | Indiantown Cogeneration L. P. 'S Witness and Exhibit List and Issues in Dispute filed. (From Douglas S. Roberts) |
| Sep. 18, 1991 | Letter to DKK from Gene Gardner (re: Okeechobee Homewoners Asso. wishto be included in hearings) filed. |
| Sep. 18, 1991 | Department of Community Affairs' List of Witnesses filed. (From L. Kathryn Funchess) |
| Sep. 17, 1991 | Florida Game and Fresh Water Fish Commissions Witness and Exhibit Lists and Statement of Issues in Dispute filed. |
| Sep. 16, 1991 | Department of Transportations Witness and Exhibit List and Issues in Dispute filed. |
| Sep. 09, 1991 | (Revised) CC of District's Final Agency Report filed. (From Susan M. Coughanour) |
| Sep. 06, 1991 | Electric Power Plant Site Certification Review for the Indiantown Cogeneration Project w/Party list & cover ltr filed. (From Hamilton S. Oven, Jr.) |
| Sep. 05, 1991 | Order sent out. (RE: Rulings on Motions). |
| Sep. 05, 1991 | Order sent out. (Re: Rulings on Motions). |
| Aug. 29, 1991 | Indiantown Cogeneration L.P.'s Motion to Establish Prehearing Schedule filed. |
| Aug. 28, 1991 | Department of Environmental Regulation's Motion For Extension of Timein Which to Submit Written Analysis and Recommendation filed. (From Richard T. Donelan, Jr.) |
| Aug. 27, 1991 | Notice of Site Certification Hearing sent out. (hearing set for Oct.21-25, 1991 & Oct. 28 - Nov. 1, 1991; 12:00pm; Indiantown). |
| Aug. 23, 1991 | Letter to R. T. Donelan from DW sent out. (RE: Original Signature). |
| Aug. 22, 1991 | Signature page for John D. Cassels, Jr. w/cover ltr filed. |
| Aug. 20, 1991 | Signature Pages 2&3 of Joint Stipulation filed. |
| Aug. 05, 1991 | Recommended Order (Land Use) sent out. (Hearing held in part, on 7/30/91; Case is not closed). |
| Aug. 02, 1991 | Joint Proposed Recommended Order of Indiantown Cogeneration Project and; Notice of Filing Joint Proposed Recommended Order filed. (EXHIBITSFILED/ ORIGINALS WENT TO HO / CC IN CLERKS FILE) |
| Aug. 01, 1991 | (Unsigned) Joint Proposed Recommended Order of Indiantown Cogeneration Project and filed. |
| Jul. 31, 1991 | (Petitioner) Exhibits 1-27 filed. (From Dova Roberts) |
| Jul. 30, 1991 | Case Status Form; Land Lease Hearing Held. |
| Jul. 26, 1991 | Florida Game and Fresh Water Fish Commission's Notice of Intent Not to Contest Land Use Issues filed. |
| Jul. 22, 1991 | Notice of Filing Certified Return Receipt Requested Letters to Treasure Coast REgional Planning Council, Central Florida Regional Planning Council, Martin County Growth Managemen, and Okeechobee County Enclosing Notice of Land Use Hearing on Proposed Indi |
| Jul. 18, 1991 | (Petitioner) Notice of Filing Certified Proofs of Publication & attachments filed. (From Douglas S. Roberts) |
| Jul. 18, 1991 | Order sent out. (DOT is entitled to participate in proceeding) |
| Jul. 15, 1991 | (DOT) Notice of Intent to be A Party filed. |
| Jul. 15, 1991 | Final Agency Report filed. |
| Jul. 11, 1991 | District's Draft Agency Report filed. (From Susan M. Coughanour) |
| Jun. 24, 1991 | Notice to the Board of Trustees of The Internal Improvement Trust Fund; Notice to the Department of Transportation and Request for Add A Party; Notice to the South Florida Water Management District; Notice of Okeechobee County, Florida filed. (from Gary P |
| Jun. 20, 1991 | Martin County's Report For the Indiantown Cogeneration Project filed. (From Fred W. Van Vonno) |
| Jun. 17, 1991 | Indiantown Cogneration L. P. 'S Notice of Filing Additional Responsesto Sufficiency Questions of The Department of Environmental Regulation w/(1 Book Binder) Responses to Additional Sufficiency Comments filed. (From Gary F. Sams) |
| Jun. 14, 1991 | Notice of Land use Hearing sent out. (hearing set for 7/30/91; 11:00am; Indiantown) |
| Jun. 14, 1991 | (DCA) Motion for Extension of Time For Filing Agency Report filed. (From L. Kathryn Funchess) |
| Jun. 13, 1991 | Impact Assissement Report For Indiantown Cogeneration Project w/cover ltr filed. (From Peter G. Merritt) |
| Jun. 12, 1991 | CC Notice of Land Use and Zoning Hearing on Proposed Cogeneration Project & cover ltr filed. (From Douglas S. Roberts) |
| Jun. 12, 1991 | florida Department of Transportation Motion For Extension of Time to File Agency Report filed. (From Vernon L. Whittier, Jr.) |
| Jun. 07, 1991 | Indiantown Cogeneration L. P.'S Notice of Filing Additional Responsesto Sufficiency Questions of The Department of Transportation and The South Florida Water Management District w/(TAGGED) Site Certification Application (1 Book) r ec'd. (from Gary P. Sams |
| May 30, 1991 | Order Granting Extension of Time sent out. |
| May 24, 1991 | Order sent out. (Re: Central Florida Regional Planning Council's notice to participated as a party). |
| May 20, 1991 | Letter to DKK from Hamilton S. Oven, Jr. (re: ltr from SFWMD dated May 10, 1991) filed. |
| May 20, 1991 | South FL Water Management District's Motion for Extension of Time to File Agency Report filed. |
| May 17, 1991 | CC Questions/Comments w/cover ltr filed. (From Susan M. Coughanour) |
| May 16, 1991 | Letter to DKK from Ernie Caldwell (Re: Notice of Intent of The Central Florida Regional Planning Council to participate as a party on proceedings) filed. |
| May 15, 1991 | Response to SFWMD Question 22 (Additional Information) filed. (from Douglas S. Roberts) |
| May 15, 1991 | Letter to DKK from Hamilton S. Oven (re: Certification Application Sufficiency Responses) filed. |
| Apr. 16, 1991 | Order sent out. (land use hearing rescheduled for 7/30/91; Indiantown; certification hearing set for Oct 21-25 & 28-Nov 1, 1991). |
| Apr. 11, 1991 | Indiantown Cogeneration L.P.'S Notice of Filing Responses to Sufficiency Questions of The Department of Environmental Regulation and Other Agencies w/(3 Book Binders) Site Certification Application filed. (from Gary P. Sams) |
| Apr. 01, 1991 | Indiantown Congeneration L. P. Motion to Reschedule Land Use Hearing filed. |
| Mar. 19, 1991 | Indiantown Cogeneration L.P.'s Response to The Department of Environmental Regulations Determination of Sufficiency filed. |
| Mar. 06, 1991 | (Petitioner) Notice of Filing Certified Proofs of Publication filed. |
| Mar. 05, 1991 | Letter to DKK from S. Palmer (Re: Areas where the power plant siting application is insufficient); And Atts filed. |
| Feb. 20, 1991 | (Florida Public Service Commission) Notice of Appearance (from R. Elias) filed. |
| Feb. 20, 1991 | Order sent out. |
| Feb. 19, 1991 | cc: Letter to H. Oven from J. Golden; Indiantown Co-Generation Project Mailing List; Sufficiency Questions/Comments filed. |
| Feb. 19, 1991 | Florida Game and Fresh Water Fish Commission's Notice of Intent to BeA Party filed. |
| Feb. 19, 1991 | Okeechobee Countys Notice of Filing Sufficiency Report (and Exhibit A) filed. |
| Feb. 18, 1991 | Order (continuance GRANTED) sent out. (hearing rescheduled for5/17/91) |
| Feb. 15, 1991 | Martin County's Notice of Filing Sufficiency Report filed. |
| Feb. 14, 1991 | South Florida Water Management District's Amended Notice of Intent toParticipate As A Party filed. (From John J. Fumero) |
| Feb. 07, 1991 | Order (Re: Parties gaining full status) sent out. |
| Feb. 07, 1991 | Notice of Department of Environmental Regulation's Stipulation to Motion to Continue Date For Land Use Hearing filed. (from Gary P. Sams) |
| Feb. 06, 1991 | (Indiantown Cogeneration) Notice of Distribution of site Certification Application (+ att A) filed. |
| Feb. 05, 1991 | (Petitioner) Motion to Continue Date For Land Use Hearing filed. (From Gary P. Sams) |
| Feb. 01, 1991 | (Respondent) Notice of Appearance filed. (From Richard T. Donelan, Jr.) |
| Jan. 28, 1991 | Letter to DKK from Bobby Jack White (re: Representation of Agency) filed. |
| Jan. 28, 1991 | Treasure Coast Regional Planning Council's Notice of Intent to Participate As A Party filed. (From Roger G. Saberson) |
| Jan. 25, 1991 | South Florida Water Management District's Notice of Intent to Participate As A Party filed. (From John J. Fumero) |
| Jan. 17, 1991 | Letter to DKK from Roger G. Saberson (re: mailing address) & attachment filed. |
| Jan. 17, 1991 | Martin County's Notice of Intent to Paqrticipate As A Party filed. (From Fred W. Van Vonno) |
| Jan. 11, 1991 | Department of Community Affairs' Notice of Intent to Participate as aParty filed. (From L. Kathryn Funchess) |
| Jan. 08, 1991 | CC List of Agencies Entitled to Notice and Copies of the Application and any Amendments to Indiantown Cogeneration Project & cover ltr filed. (From Hamilton S. Oven, Jr.) |
| Jan. 07, 1991 | Letter to DKK from Hamilton S. Oven, Jr. filed. |
| Jan. 04, 1991 | Notice of Assignment sent out. |
| Jan. 02, 1991 | Letter to SLS from H. Oven (& cc distribution list of affected agencies to receive cc of siting application) filed. |
| Dec. 21, 1990 | Letter to SLS from H. Oven, Jr. (Referral letter); 4 Volumes Site Certification filed. |
| Issue Date | Document | Summary |
|---|---|---|
| Dec. 22, 1992 | Agency Final Order | |
| Dec. 24, 1991 | Recommended Order | Power Plant Siting Act applicant stipulated to conditions of certification with all parties and presented prima facie case. Certification granted with conditions. |
