STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

In re: Application of Collier ) County Florida to construct and )

operate a solid waste resource ) CASE NO. 75-1167 recovery and management facility )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated hearing officer, Y. N. Ayers, held a rehearing in the above styled case on March 4, 1976 at Naples, Florida.

APPEARANCES

For Department David Gluckman, Esquire

of Environmental 2562 Executive Center Circle East Regulation: Montgomery Building

Tallahassee, Florida

For Collier Donald A. Pickworth, Esquire

County: Building C Collier County Courthouse Naples, Florida 33940

For Intervenor: Ted Brousseau

Golden Gate 900 6th Avenue South, Suite 302 Civic Association Naples, Florida 33940

RECOMMENDED ORDER

As noted above, this was a rehearing of the application of the Board of County Commissioners of Collier County, Florida whereby they seek authority to construct and operate a solid waste sanitary landfill on the East 1/2 of Section 36, Township 495, Range 26E in Collier County. At the commencement of this hearing the Intervenor moved that the hearing officer recuse himself from this hearing. As grounds therefor it was alleged that by virtue of having heard the evidence presented at the previous hearing and having submitted his Recommended Order some 3 to 4 days after the completion of that hearing, the Hearing Officer is biased and has already made up his mind how to rule on the issue. The motion was denied. Thereafter the 11 exhibits that had been admitted at the original hearing were admitted into evidence, one witness testified on behalf of the Department of Environmental Regulations, one witness testified on behalf of the Petitioner, Collier County, and two witnesses testified on behalf of the Intervenor, Golden Gate Civic Association. After having reviewed all evidence adduced I submit the following.

FINDINGS OF FACT

1. The proposed site consists of some 311 acres bounded on the South by Alligator Alley (SR 84) and is approximately 6 1/2 miles East of SR 858.

2. The existing solid waste disposal facility at the airport is exceeding the capacity of the area to absorb any additional solid waste. An approved federal grant for expansion and improvement of the Naples airport is contingent upon the cessation of further solid waste disposal at this site. The original deadline for discontinuing use of the airport disposal site of June 30, 1975 has been extended to allow the processing of the instant application.

   
   

3. Of the numerous sites considered the one proposed herein was considered by local, state, and federal agencies to be the best overall.

   
   

4. The proposed site meets the requirements of, and has been approved by the USDA Soil Conservation Service, the Department of Environmental Regulations, and various state health organization.

   
   

5. The plans and specifications which have been submitted by the county and approved by the various agencies concerned called for an excavation of the site to a depth of approximately 3 feet, with the solid waste after compaction being placed in the ground and each layer thereafter placed on top and covered on a daily basis with soil. A perimeter canal will be constructed around the site to divert surface water from outside the site to prevent flooding the area. Interior canals will be installed to provide for collection of the leachate, as well as water falling on the site. The project includes construction of leachate sump ponds on the site, which will be coated to preclude the leachate from percolating into the surrounding area. An all weather access road will be provided to the site, and the only vehicles permitted on the site will be those controlled by the county and city, which would include their contractor for hauling waste. The routes for these vehicles would be such that they would not pass' over the Golden Gate Boulevard, which goes through the community of Golden Gate.

   
   

6. At the hearing little new evidence was submitted. Intervenor appeared to take the position that its opposition to the project was based upon the fact that: (1) The site proposed could flood; (2) An impermeable barrier should be installed in all cells to preclude harmful materials from permeating the soil; and (3) Leachate from the cells could enter into the ground water table.

   
   

7. Testimony with respect to these objections revealed: (1) The pumping system proposed is adequate to handle any flooding that may reasonably be anticipated; (2) The site is not located on a watershed that could go to a public water supply; (3) The site is some 5 or 6 miles from the nearest public water supply and not so located that surface water from the site could flow to a public water supply; (4) No place in Collier County meets the 5 foot separation provision between water table and place where waste could be dumped; The safeguards provided by the proposed plan qualifies this site for waiver of provision (4) above; (5) If an impermeable barrier was installed beneath the cells it would be ineffective in preventing surface water contamination in the event the site is flooded; (6) In the event the proposed system proves inadequate to control flooding, modifications in the then existing system could be made that would control this problem; and (7) Use of impermeable barrier below cells is but one design method to meet requirements of the various regulatory agencies.

   
   

   CONCLUSIONS OF LAW

   
   

8. The application of Collier County for proposed landfill meets all the requirements of Rule 17-7 FAC and other criteria applicable to such site. Construction of a sanitary landfill is required in the public interest to

protect the health and welfare of the residents of Collier County and the proposed site operated as provided in the application, complies with all statutes and regulations pertaining to landfill sites. It is therefore,

RECOMMENDED that the application of Collier County be approved in accordance with the plans and specifications as submitted.

ENTERED this 9th day of April,, 1976 in Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Docket for Case No: 75-001167

Orders for Case No: 75-001167