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KENNETH C. WILLIAMS, JOSEPH KAISER, ET AL. vs. DEPARTMENT OF ENVIRONMENTAL REGULATION, 76-001250 (1976)

Court: Division of Administrative Hearings, Florida Number: 76-001250 Visitors: 61
Judges: CHRIS H. BENTLEY
Agency: Department of Environmental Protection
Latest Update: Jun. 08, 1977
Summary: The issues considered at the final hearing were those issues set out in Petitioners Petition For A Hearing And Determination Under The Administrative Procedure Act, Chapter 120, F.S. The Petition alleged several reasons why the application to construct a sanitary landfill filed by Textron Petroleum Products Company, Inc., should not be granted by the Department of Environmental Regulation. Having considered the testimony and evidence presented in this proceeding as well as the argument and Memor
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76-1250.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


KENNETH C. WILLIAMS, JOSEPH ) KAISER, and BEVERLY KAISER, )

his wife, and THE LEON COUNTY ) NEIGHBORHOOD ASSOCIATION, an )

unincorporated association, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1250

) DEPARTMENT OF ENVIRONMENTAL ) REGULATION, )

)

Respondent. )

)


RECOMMENDED ORDER


This matter came on for final hearing before the undersigned Hearing Officer on September 15, 1976, in Tallahassee, Florida. The parties to this proceeding are Kenneth C. Williams, Joseph Kaiser and Beverly Kaiser, his wife, and the Leon County Neighborhood Association, an unincorporated association, Petitioners, and the Department of Environmental Regulation and Textron Petroleum Products Company, Inc., Respondents.


APPEARANCES

For Petitioner: Benjamin K. Phipps, Esquire For Respondent: William P. Whit, Esquire and

Carl R. Pennington, Jr., Esquire ISSUES

The issues considered at the final hearing were those issues set out in Petitioners Petition For A Hearing And Determination Under The Administrative Procedure Act, Chapter 120, F.S. The Petition alleged several reasons why the application to construct a sanitary landfill filed by Textron Petroleum Products Company, Inc., should not be granted by the Department of Environmental Regulation.


Having considered the testimony and evidence presented in this proceeding as well as the argument and Memoranda of Law presented by counsel, the Hearing Officer enters the following:


FINDINGS OF FACT


  1. Respondent, Textron Petroleum Products Company, Inc., has applied for a construction permit to construct a sanitary landfill in Sections 3 and 10, Township 1 North, Range 2 East, Leon County, Florida. The proposed site consists of ninety (90) acres and is approximately 2,000 feet from U.S Highway

    90 at Its closest point to that highway. The application is in proper form and contains all information required by the Department of Environmental Regulation.


  2. towns and areas to be served by the application are the City," of Tallahassee and Leon County. The facility is designed to serve a population of 135,000 people. Although evidence was presented for the purpose of showing that the City of Tallahassee and Leon County, as governmental entities, do not intend to use the proposed sanitary landfill as an "official" landfill site for those governmental bodies, this evidence did not establish that the area to be served and the population to be served by the proposed sanitary landfill is other than that stated above.


  3. The applicant, Textron Petroleum Products Company, Inc. does not have a franchise from any county, municipality or other governmental agency with regard to solid waste resource recovery and management responsibilities.


  4. The applicant, Textron Petroleum Products Company, Inc., had not, at the time of hearing, posted a performance bond or other approved security with the agency within whose jurisdiction the proposed site is located.


  5. The "owner" as that term is used in Section 17-4.21(1)(d), F.A.C., is the applicant, Textron Petroleum Products Company, Inc.


  6. The unrebutted evidence presented,at hearing established that the applicant has a net worth of $1 million and is financially responsible.


  7. The evidence presented did not establish any violation of the State Resource Recovery And Management Program set out in Part II, Chatper 17-7, F.A.C.


  8. There is a public supply well located in the Homestead Ridge area. This system serves 38 or more customers at an averave rate of about 200,000 gallons per month. The well is located more than 2,700 feet from the site boundary of the proposed sanitary landfill. As found by the Northwest Florida Water Management District, even if the consumption of that well system were increased to 2.16 million gallons of water per month, the drawdown at a radius of 2,000 feet would be 0.13 feet. Therefore, it was concluded that the cone of

    influence of the public water supply does not extend under the proposed sanitary landfill site.


  9. As a condition for issuance of a construction permit the Department of Environmental Regulation proposes the requirement of a monitoring system of wells which would include a deep well located between the proposed site and the Homestead Ridge public supply, the purpose of which would be to detect the potential intrusion of leachate or other contaminants into the public water supply from the sanitary landfill. It is improbable that the proposed sanitary landfill will produce any significant quantity of leachate. However, the application proposes that if monitoring indicates that lechate control is needed, a well point system will be installed in the completed cells and underground pipe drains installed in the new cells. It further provides that, dependent upon the quantities involved, the leachate.will be transported to the City of Tallahassee Sewage Treatment Facilities for disposal or it will be treated on-site by transporting the leachate to the settling pond which will at that time be equipped with suitable aeration and chlorination equipment for treatment of the leachate. The proposed design of the sanitary landfill provides that all final discharge from the sedimentatlon pond will conform to

    the water quality standards set out in Chapter 17-3, F.A.C, even though this may require the constrjction of treatment equipment by the applicant.


  10. The application, at pages 12 and 14,.provides for the equipment to be used on-site in the operation of the proposed sanitary landfill as well as for the method of providing adequate site supervision. No evidence was presented showing these provisions to be other than adequate.


  11. The evidence presented did not establish that the utilization of U.S. Highway 90 by vehicles transporting waste to the proposed sanitary landfill would create any unusual 0rincreased traffic and safety hazard. The application, at page 3, proposed the installation of electronic signalization equipment to alleviate any hazard which might be created by traffic using the proposed site. No evidence was presented showing this proposal to be inadequate.


  12. According to a letter to Mr. James Barrineau, Leon County Department of Pollution Control, from Mr. Mark Stamps, Assistant Zoning Director, Tallahassee Leon County Planning Department, the proposed site is currently zoned Agricultural 2. The letter further states that an Agricultural 2 zoning allows a sanitary landfill as a permitted use.


  13. A small portion of the proposed sanitary landfill site is open to public view from,U.S. Highway 90 which is a major thoroughfare. It was estimated by a witness that the distance to the proposed site from that section of U.s. Highway 90 from which the site was open to public view was one (1) mile. An examination of the plot plan of.the proposed site contained in the application shows that at the closest point, the site boundary is approximately 2,000 feet from U.5 Highway 90. The site is screened from public view from most places on Highway 90 by the existing topography and ground cover.


    CONCLUSIONS OF LAW


  14. The Division of Administrative Hearings has Jurisdiction over the subject matter and persons in this cause.


  15. Chapter 403, Part IV, F.S., provides the statutory authority for regulation of sanitary landfills by the Department of Environmental Regulation. Chapter 17-7, Part I, F.A.C., sets out the administrative rules adopted by the Department of Environmental Regulation for control of sanitary landfills. Subsection 17-7.03(7)(a), F.A.C., states that:


    "After January 1, 1975, no resource recovery and manage ment facility or site [such as the Proposed site herein] shall be operated, maintained, constructed, expanded, or modified without an appropriate and currently valid permit issued by the Department as defined in Chapter 17-4, F.A.C."


    Chapter 17-4, F.A.C., is entitled "Permits". Subsection 17-4:O2(4), F.A.C., defines "construction permit" as the:


    ". . .legal authorization granted by the Department to construct, expand, modify, or make alterations to any installation and to temporarily operate and test such new or modified installations.

    Subparagraph (5) of the same subsection defines "operation permit" as the:


    ". . .legal authorization granted by the Department to operate or maintain any installation for a Specified period of time."


    The permit applied for in this proceeding is a construction permit. As can be seen by the foregoing definitions the permitting' process of the Department of Environmental Regulation envisions the permitting or approval of the construction of a facility and then, subsequent to that construction, review of the facility and the Permitting or authorization of the operation of the facility once it has been determined that it was constructed in accordance with the construction permit.


  16. Subsection 17-4.21(1)(d), F.A.C., states that a construction permit will be attained in accordance with the "owners written guarantee to meet the design criteria as accpeted by the Department and to abide by Chapter 403, FS. (sic) and the rules and regulations of the Department as to the quantities and types of materials to be discharged froni the plant." Although in this case a formal written guarantee to that affect has apparently not been given by the Owner (applicant) to the Department, the application itself, with the resulting construction Permit, if issued, would appear to satisfy the requirement off the foregoing rule for it is only by complying with the construction permit that the applicant could hope to get an operating permit.


  17. Subsection 17-7.03(1), F.A.C., states that:


    "All counties, municipalitie; or ot!ier governmental aqencies shall be responsible for providing adequate, safe and sanitary resource recovery and management facilities within their jurisdictions. This responsi- bility may be delegated to a private operator through a franchise or contract."


    Petitioners argue that the foregoing provision requires applicant in this case to have such a franchise or contract prior to the issuance of a construction permit. The quoted provision does not seem to contain such a requirement. It simply states that counties, municipalities and other governmental agencies shall be responsible for providing appropriate facilities and that they may delegate this responsibility via franchise or contract. That provision does not, and probably could not without specific statutory authority, prohibit private operators from seeking a permit for a sanitary landfill for the purpose of engaging in the business of providing such a landfill. Further, the foregoing language on its face does not exclude the possibility of a private operator seeking a permit, it simply states that the responsibility of certain governmental agencies may be delegated via franchise or contract. The fact that a special act may exist which applies to Leon County and which requires that all sanitary landfills be operated under franchise from Leon County, does not necessarily affect the issuance of a construction permit by the Department of Environmental Regulation. Such a permit, if issued, is subject to all local requirements. The Department, in recognition of the foregoing, has stated that if a construction permit issued it would be conditioned upon compliance with any franchise requirement of Leon County.


  18. Section 17-7.03(3), F.A.C., requires all facility operators other than governmental entities to ". . . post a performance bond or other approved security with the agency within whose jurisdiction the site is located in an

    amount consistent with the scope of the operation." In this case no such bond or security has been posted. This does not however, require the denial of a construction permit. As outlined above, the permitting process by the Department of Environmental Regulation for sanitary landfills is essentially a bifurcated proceeding. First an applicant seeks a construction permit wherein the design and proposed operating criteria are presented and reviewed by the Department and a permit to construct the facility issued or denied. Subsequent to the construction of the facility if permitted the matter is reviewed by the Department and, presumably upon satisfaction that the facility has been constructed in accordance with the construction permit and that it will be operated as proposed, an operation permit is issued. It is at that point that a facility such as the one here, will begin operation. It is at that time that the posting of a performance bond would be appropriate. It should be noted that the Department of Environmental Regulation, in proposing to issue the construction permit, stated that the posting of a performance bond or other security in the appropriate amount would be required to be posted with Leon County before an operating permit would be issued for the facility.


  19. Subsection 17-7.04(2)(i), F.A.C., states that no solid waste shall be disposed of by being Placed "in any area open to public view from any major thoroughfare without proper screening where it can practically be provided." The facts in this cause show that a small portion of the proposed sanitary landfill site is open to public view from U.S Highway 90 from a major thoroughfare. However, the distance from the point on U.S. 90 from which the site is open to public view to the actual site is at least 2,000 feet and may be as much as one

    (1) mile. Thus the site is located a substantial distance, with regard to public viewing, from U.S Highway 90 which distance itself serves at least partially as effective screening of the site from the highway. That distance coupled with an appropriate condition regarding proper screening in the construction permit Satisfies the requires of Subsection 17-7.04(2)(i), F.A.C.


  20. No where does it appear to the Hearing Officer that Chapter 403, or Chapter 17-7, F.A.C., prohibits private sanitary landfills provided they are properly permitted by the appropriate regulatory bodies. Thus, even if the application presently before the Department of Environmental Regulation is considered an application for a private sanitary landfill that in itself may not preclude the granting of a construction permit.


  21. As a matter of law it appears that the requirements for the issuance of a construction permit set out in Chapter 403, F.S., and Chapter 17-7 F.A.C., have been substantially met by the applicant.


RECOMMENDED ORDER


It is therefore RECOMMENDED that a construction permit be issued applied for with the following conditions': .


  1. That adequate screening be provided as required by Section 17-7.04(2)(i), F.A.C., so that the sanitary landfill site will not be open to public view from U.S. Highway 90.


  2. That all requirements properly imposed by Leon County, including the requirement of a franchise if applicable, be complied with prior to the issuance of an operating permit.

  3. That a performance bond or other security in the appropriate amount shall be posted with Leon County prior to the issuance of an operating permit.


ENTERED this 10th day of November, 1976, in Tallahassee, Florida.


CHRIS H. BENTLEY, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675


COPIES FURNISHED:


William P. White, Esquire Department of Environmental Regulation

2562 Executive Center Circle, E. Montgomery Building

Tallahassee, Florida 32301


Benjamin K. Phipps, Esquire

P. O Box 1351

Tallahassee, Florida 32303

Carl R. Pennington, Jr., Esquire

P. O Box 3985

Tallahassee, Florida 32303


================================================================= AGENCY FINAL ORDER

=================================================================


STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL REGULATION


KENNETH C. WILLIAMS, et al.,


Petitioner,


vs. DOAH CASE NO. 76-1250


STATE OF FLORIDA DEPARTMENT OF OF ENVIRONMENTAL REGULATION AND TEXTRON PETROLEUM PRODUCTS CO., INC.,


Respondent.

/

FINAL ORDER


On November 10, 1976, the duly appointed Hearing ,Officer in the above styled matter completed and submitted to the Department and all parties a Recommended Order consisting of his findings of fact, conclusions of law and recommendations, a copy of which is attached hereto as Exhibit "A". Pursuant to Department Rule 17-1.26(2), and Section 120.57(a)8., Florida Statutes, the parties were allowed fifteen (15) days in which to present written exceptions to the Recommended Order.


After written notice to the parties, the Recommended Order came before me, as head of the Department, on January 17, 1977, at which time I heard oral argument on the matter from all parties and statements of certain interested members of the public.


With the approval of the parties, I viewed the proposed site on January 30, 1977, accompanied by attorneys for Petitioners and Textron Petroleum Products Co., Inc., hereafter "Textron."


Petitioners have raised certain issues, either explicitly or implicitly, in their Objection To Hearing Officer's Findings Of Fact, Conclusions Of Law and Recommended Order which merit discussion.


Much of Petitioners' concern revolves around the fact that the Leon County Commission had Previously considered and rejected the proposed site for use as a county owned landfill. Petitioners presented evidence at the hearing to support the contention that the City of Tallahassee has agreed to use the county's landfill on a cost sharing basis. Petitioners also contend that the county has granted an exclusive franchise to an entity other than Textron which would, in effect, prohibit Textron from operating a sanitary landfill in Leon County.


The result of this is that Petitioners claim that issuance of a permit for construction of the proposed facility would set up a conflict between Textron and the county or possibly give Textron a permit which could in turn be sold.

Implicit in this is the assertion that, if it issues the permit, this agency would be inserting itself in matters of local concern and overriding the prior decision of county government, which rejected the proposed landfill site.


In 1974, the Legislature enacted the Florida Resource Recovery and Management Act, Sections 403.701 - 403.714, Florida Statutes, which requires Department permits for the construction and operation of solid waste disposal facilities.


It is clear that the Legislature, at that time, determined that existing solid waste disposal practices were wasteful, hazardous to public health and damaging to the environment and property values. Section 403.702, Florida Statutes. Pursuant to legislative mandate, in October, 1974, this agency's predecessor, the Department of Pollution Control, adopted regulations in Part 1 of Chapter 17-7, Florida Administrative Code, setting standards for construction and operation of solid waste disposal facilities.


Those standards, adopted at public hearing, embody technical specifications which, if met, will eliminate or minimize, to the extent practical, the evils associated with previous solid waste disposal practices as perceived by the Legislature.

Obviously, solid waste continues to be produced in increasing quantities and something must be done with it. Solid waste, which is not recycled or reused, must be disposed of in some manner. Customarily, such solid waste is either incinerated or buried.


Historically, most solid waste in Florida has been disposed of by burial, in what have been referred to as "dumps". It is common knowledge that few, if any residents of the state would be delighted at the prospect of living near such a disposal facility. This disposition, however, is based upon familiarity with the old bad practices perceived by the Legislature, for very few disposal facilities have actually been planned, permitted and constructed under existing Department regulations. Facilities constructed and operated in compliance with the existing regulations are considerably different from the "dumps" that the Legislature and this agency have sought to eliminate.


It is these "dumps" which have caused the pollution, health hazards and nuisance conditions associated with solid waste disposal and the impact upon surrounding property values that follow from these effects.


Leon County is required to adopt a local resource recovery and management program which includes provision for resource recovery. All solid waste management in the county will be required to be consistent with such a local program which has been approved by this Department.


Such an approved program will give the county one additional method of controlling solid waste disposal within its boundaries. In the past, the county has exercised primary control over solid waste disposal through three methods:

(1) operating its own adequate landfill; (2) zoning; and (3) franchising operators of sanitary landfills. The action of this Department in issuing or denying a construction permit, neither displaces nor hinders these controls.


The lawful function of this agency, rather, is to determine whether a specific site and proposed method of construction and/or operation conforms with the environmental safeguards contained in Chapter 403, Florida Statutes, and the implementing regulations. If an applicant shows that the environmental safeguards will be met, a Department permit must issue.


It is not now within the province of this agency, under existing law, to evaluate a proposal based upon its expected impact on surrounding property values. Although it is reasonable to assume that adverse impact on such values will be minimized as a result of compliance with the reasonable environmental standards contained in Chapter 17-7, Florida Administrative Code, such a result would be a secondary effect not properly cognizable in this proceeding.


Once it is determined that a proposed site will meet the environmental safeguards, the Department may not withhold a permit on the basis that there may exist other potential sites which are preferable. The choice between alternative sites is a land use planning function which presently lies with the county by virtue of the local controls mentioned above.


If local government fails to adopt an approved local resource recovery and management program by July 1, 1978, the Department will be required to assume that function. Section 403.706, Florida Statutes. However, local' government presently retains complete control over choices between alternate sites.


These local controls will be strengthened when local government adopts the required local resource recovery and management program required by Section

403.706, Florida Statutes. Upon its approval, the Department will be bound to grant permits only in accordance with such local program. The fact that such a program has not yet been submitted by local government requires the Department to issue a permit to an applicant if the Department is provided reasonable assurance that the existing construction and operation standards will be met.


Upon review of the Hearing Officer's findings of fact and conclusions of law as well as a view of the site and having reviewed the written responses of the parties to the Recommended Order and having heard the arguments of the parties, I have concluded that the applicant, Textron, has provided such reasonable assurances and that the permit must be granted.


The Hearing Officer concluded that the proposed facility would be subject to applicable local laws and specifically the franchise requirements of Section

  1. of Chapter 30943 (Laws of Florida, 1955). Leon County Ordinance No. 76-34 purports to repeal that Special Act. However, Section 7 of the ordinance retains a parallel requirement that a facility must obtain a franchise from the county prior to carrying on the business of disposing of solid waste in unincorporated areas of the county.


    Petitioners argue that the county has already granted an exclusive franchise for such activity to a business other than Textron and thus issuance of a permit to Textron would be futile. Textron, on the other hand, ,argues that the claimed franchise is exclusive only as to the operation of a county owned landfill. However, the best evidence of such a franchise is the franchise document, which has not been introduced in this proceeding. I find no provision in either the Special Act or the ordinance which would preclude the county from issuing more than one franchise or from negating, in a proper manner, any exclusivity which might hinder Textron's proposed operations.


    Textron has chosen to proceed with its application to construct a sanitary landfill despite the risks and uncertainties associated with obtaining a franchise from Leon County. The final decision as to whether a sanitary landfill will be operated at the proposed site continues to rest, as it should, with the Board of County Commissioners of Leon County and the Tallahassee City Commission.


    The franchise question is a matter for Textron and Leon County to resolve but I agree with the Hearing Officer that the Department should issue this construction permit with an express condition requiring Textron to acquire a franchise, if applicable, prior to the issuance of a Department permit to operate the proposed facility.


    The Department's regulations require that Textron post a bond with the county. I believe it reasonable to condition this permit upon the posting of that bond prior to issuance of an operation permit as well.


    THEREFORE, having considered the Hearing Officer's Recommended Order (Exhibit "A"), together with the record and exhibits admitted into evidence at the hearing below, in light of' my inspection of the proposed site agreed to by the parties, and having given opportunity for submission of written exceptions and presentation of oral argument, it is hereby


    ORDERED by the State of Florida Department of Environmental Regulation, that the Recommended Order submitted herein (Exhibit "A") , consisting of findings of fact, conclusions of law, and a recommendation, by and the same is hereby approved and adopted to the extent that it is consistent herewith.

    Accordingly, the Respondent, Textron's application for a permit to construct a solid waste disposal facility in Leon County, Florida, on the site designated in the application is hereby granted, and a Department permit authorizing the construction of such facility shall be issued forthwith by the District Manager of the Northwest District Office of the Department subject to inclusion of the following reasonable and necessary conditions:


    1. Prior to start of any construction, the Department shall be provided with an updated construction schedule, acceptable to the Department, stating initiation, completion and Department operation inspection dates.


    2. All construction shall comply with the plans submitted to and approved by the Department and contained in the application which is incorporated herein and attached hereto. Prior to acceptance of waste at this site, the Engineer of 17" Record shall certify that all construction is according to the approved plan or any modifications of the plan. All modifications shall be approved in advance by the Department, in writing.


    3. All test boring holes at the site shall be plugged and sealed in accordance with the standards of the Northwest Florida Water Management District.


    4. Deep and shallow monitoring wells shall be installed as follows:


      1. Deep wells are to be located:

        1. 100 feet South of Ardaman test boring hole Number 7;

        2. 400 feet North of Ardaman test boring hole Number 6B; and,

        3. 1000 feet South of Ardaman test boring hole Number 12.

          Depth of deep wells 1, 2, and 3 will be specified by the Department in writing.


      2. Shallow wells are to be located:

        1. 1000 feet North, Northwest of Ardaman test boring hold Number 14;

        2. 1300 feet North of Ardaman test boring hole Number 6A;

        3. 300 feet North of Ardaman test boring hole Number 6B;

        4. 220 feet East of Ardaman test boring hole Number 6; and,

        5. 700 feet South of Ardaman test boring hole Number 11.


    5. All shallow monitoring wells shall be installed to a depth of six (6) feet below the approximate seasonal low groundwater table and a P.V.C. well point utilized for sample collection. All wells shall be pumped for a period of not less than two hours upon installation and within five (5) days of installation shall be sampled and analyzed for the following:


      1. Chlorides;

      2. pH;

      3. COD;

      4. Total Coliform Bacteria;

      5. Nitrates;

      6. Heavy metals including lead, copper, iron, cadmium and chromium; and,

      7. Chlorinated Hydrocarbons. The results of such sampling and analyses shall be submitted to the Department, in writing, within fifteen (15) days of the completion of such sampling.


    6. The elevations of approximate seasonal low groundwater table for the purpose of Number 5 above shall be approved by the Department, in writing, prior to installation of the monitoring wells.


    7. All wells shall be sampled, after the initial sampling specified in Number 5 above, at least once every two months beginning 60 days from date of the operations permit. Written reports of the dates, times and results of analyses specified in Number 5 above shall be submitted to the Department within fifteen (15) days of completion of the sampling.


    8. The stormwater retention pond shall be monitored for the following parameters:


      1. Chlorides;

      2. pH;

      3. COD;

      4. Total Coliform Bacteria;

      5. Nitrates;

      6. Heavy metals including lead, copper, iron, cadmium and chromium;

      7. BOD; and,

      8. Suspended solids.


    9. The stormwater retention pond shall be sampled at least once every two months beginning within five (5) days of completion of its construction. Written reports of the dates, times and results of analyses specified in Number

  2. above shall be submitted to the Department within fifteen (15) days of completion of the required sampling.


  1. Adequate screening shall be provided as required by Section 17- 7.04(2)(i), Florida Administrative Code, prior to the commencement of operations, so that the sanitary landfill site will not be open to public view from U.S. Highway 90.


  2. Surface runoff from the facility during the construction phase shall be treated as necessary to comply with the water quality standards established in Section 17-3, Florida Administrative Code, before being discharged.


  3. Requirements properly imposed by Leon County, including the requirement of a franchise, if applicable, shall be complied with prior to issuance of an operating permit for this facility.


  4. A performance bond or other security in appropriate amount, terms, and form, approved by the Department, shall be posted with Leon County prior to issuance of an operating permit.


  5. Prior to issuance of an Operations Permit, and in addition to any preceding requirements, the following shall be submitted:

    1. A written statement and/or agreement specifying what agency person or persons shall be respon- sible for site operations for assuring that

      day-to-day operations comply with applicable rules and regulations; and

    2. A written statement that the operator will adhere to all applicable laws and rules and will conduct operations as approved by the permit.


  6. A written statement specifying the equipment available for operations shall be submitted with the application for the Operations Permit.


  7. Within fifteen (15) days following completion of construction, an updated Land Disposal Site Data Form shall be submitted to the Department.


  8. No solid waste shall be accepted for disposal until the site has been inspected and approved by the Department and an operating permit has been issued.


  9. In no event shall any solid waste or other materials be disposed of on the site other than in the areas specifically designated in the application for such disposal. By accepting this permit, the applicant agrees that it authorizes no activities which would be subject to the permitting requirements of Chapter 17-4, Florida Administrative Code, regarding dredging or filling, the application notwithstanding.


  10. In no event shall this permit be deemed to authorize any open burning or incineration of wastes on the property on which the site is located without separate written authorization under applicable state laws and regulations.


  11. The Department may modify these conditions or impose new conditions as it deems necessary to assure compliance with the provisions of Chapter 403, Florida Statutes, and the regulations adopted pursuant thereto, including, but not limited to, the requirement of either on-site or off-site treatment of stormwater runoff or leachate.


DONE AND ENTERED this 8th day of 1977, in Tallahassee, Florida.


JOSEPH LANDERS, JR.

Secretary

Department of Environmental Regulation

2562 Executive Center Circle, East Montgomery Building

Tallahassee, Florida 32301


Copies furnished to:


William P. White, Jr., Esquire Benjamin K. Phipps, Esquire Carl R. Pennington, Esquire

Robert V. Kriegel, Northwest District Manager


Docket for Case No: 76-001250
Issue Date Proceedings
Jun. 08, 1977 Final Order filed.
Nov. 10, 1976 Recommended Order sent out. CASE CLOSED.

Orders for Case No: 76-001250
Issue Date Document Summary
Feb. 08, 1977 Agency Final Order
Nov. 10, 1976 Recommended Order Grant permit for landfill subject to conditions in Recommended Order.
Source:  Florida - Division of Administrative Hearings

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