STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
In Re: Dade County Application ) for Certificate of Resource )
Recovery Facility under the ) CASE NO. 77-607EPP provisions of the Florida )
Electrical Power Plant )
Siting Act. )
_)
RECOMMENDED ORDER
Pursuant to proper notice, a certification hearing as required by Section 403.508(3), Florida Statutes, was held before Kenneth G. Oertel, Director of the Division of Administrative Hearings, at the Dade County Commission Chambers, 73 West Flagler Street, Miami, Florida, at 10:00 o'clock a.m., November 2, 1977.
This proceeding was held pursuant to the Florida Electrical Power Plant Siting Act, Chapter 403, Florida Statutes, to consider the application for site certification of the Dade County Resource Recovery facility in Dade County, Florida, and to receive testimony and evidence as to whether the location and operation of the proposed resource recovery facility would produce adverse effects on human health, the environment, the ecology of the land and its wildlife, and the ecology of the State waters and their aquatic life.
The following parties entered appearances at and participated in the hearing through counsel or through representatives:
APPEARANCES
Department of Environmental Regulation
Metropolitan Dade County
Dade County Resource Recovery, Inc.
South Florida Water Management District
At the hearing, testimony and evidence were presented relating to the necessity for the facility, the expected environmental impacts, agency comments, impacts of water use, operational safeguards of the facility, proposed conditions of certification, and other public interests and issues relevant to certification of the proposed site.
Upon consideration of all testimony and evidence presented, the following findings of fact, conclusions of law and recommended order are submitted:
FINDINGS OF FACT
The proposed site for the resource recovery unit is located on 160 acres of the northeast quarter of Section 17, Township 53 South, and Range 40 East in Dade County. This site is presently undeveloped and bordered on the east by the Dade County Northwest 58th Street landfill.
The resource recovery facility as proposed consists of a three thousand (3,000) tons per day solid waste resource recovery facility and two 38.5 meggawatt steam electric generating turbines, and one 80 acre landfill.
The proposed operations call for the separation of ferrous and aluminum metals and glass from combustible material. The combustible material is to be pulped, dried, and burned in four (4) boilers to produce steam for the generation of electricity.
On a daily basis the resource recovery boilers will require 1.76 million gallons of water to operate the cooling towers. Cooling tower blow- down, boiler blow-down, and landfill leachate will be utilized in a hydro- pulping process to process the solid wastes prior to combustion. As a result of this waste water usage, no industrial waste water will be discharged from the site.
Potable water will be supplied by the Miami Dade Water and Sewer Authority. Sanitary wastes will be treated in a sewage treatment plant on the site.
The cooling water will be withdrawn from a portion of the Biscayne Aquifer contaminated by leachate from the Northwest 58th Street landfill. The South Florida Water Management District has concluded that the Biscayne Aquifer would be capable of supplying the non-potable water requirements of the proposed facility. In addition, the withdrawal of water for the facility would alleviate the impact of the leachate plume from the 58th Street landfIll, which plume of contaminated water is moving eastward to the Miami Springs wellfield.
The construction of the resource recovery facility would allow the closing of the 58th Street landfill and would thereby prevent the continued production of contaminated leachate and would reduce problems of flies, rodents, and odors.
The construction of the resource recovery facility will involve extensive grading, filling, and removal of vegetation on the proposed site. Due to previous drainage and development of the surrounding area, however, the site is situated in a degraded everglades habitat the hydrologic regime of which has been drastically altered and now supports relatively little wildlife. Surrounding land uses would make future restoration difficult. The destruction of the grasses, and other vegetation on the site would have little environmental impact.
The resource recovery facility site is owned by Dade County and will be operated by Dade County Resource Recovery, Inc.
Steam produced at the resource recovery facility will be sold to Florida Power and Light Company for the generation of electricity. Some 61 meggawatts of electricity will be generated and distributed throughout the Florida Power and Light transmission system. The electricity generated by this facility will eliminate the need for over one million barrels of imported fuel oil each year and will produce a net savings to the customers of Florida Power and Light.
The resource recovery facility will utilize cyclonic collectors and high efficiency electrostatic precipitators to remove fly ash from the burning of processed refuge. Plant air will be injected into the boiler or will be passed through activated carbon filters to eliminate odors. As a result of
these control measures, the resource recovery facility will comply with state and federal emission limitations and ambient air quality standards. Although the facility may contribute slightly to a violation of the Dade County Ambient Air Quality Standards, the Director of the Dade County Environmental Resources Management Board did not feel that the facility would cause a problem.
The resource recovery facility would utilize the latest reasonably available control technology for the control of emissions to the atmosphere. The use of the proposed equipment will result in a very small incremental increase of sulphur dioxide and particulate matter into the ambient air. These emissions are less than the federal significant deterioration limits and the increases in air pollution levels are not expected to significantly degrade air quality in the area.
The Florida Public Service Commission report of October 7, 1977, states that 62 meggawatts of electricity would enhance the reliability of Florida Power and Light's system and would displace residual fuel oil so that some benefit would be derived from construction of the facility.
The Division of State Planning did not submit a report as required by Section 403.507(1)(a), Florida Statutes.
The Department of Natural Resources, Game and Fresh Water Fish Commission, Department of Commerce, and South Florida Regional Planning Counsel offered comments on the facility supportive of its construction and operation.
Comments and objections from the Department of Health and Rehabilitative Services, South Florida Water Management District, the Division of Archives, History and Records Management, were resolved by the provision of additional information and proposed conditions of certification. No opposition from these agencies was presented at the conclusion of the hearing.
The Department of Environmental Regulation recommended certification of the Dade County Resource Recovery facility in accordance with the proposed general and special conditions of certification. The applicant has stipulated and agreed that the general and special conditions of certification, as proposed at the hearing, should be imposed if certification is granted.
At the conclusion of the presentations by the parties to this proceeding, opportunity was given to the general public to comment on the application for site certification. No such individuals appeared and no comments were offered.
After examining the sum and substance of the testimony and evidence offered, it appears that the construction of the resource recovery facility would provide for the closing of inadequate sanitary landfills and inadequate air polluting incinerators. Further, the operational safe guards of the proposed facility are sufficient to protect human health, wildlife and aquatic life. Finally, the construction and operation of the proposed facility will not violate state air or water pollution standards.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of this cause.
Notice, in accordance with Chapter 403 and Chapter 120, Florida Statutes, and Chapter 17-17, Florida Administrative Code, has been provided all persons and parties entitled thereto, as well as to the general public.
An examination of the facts in this case as shown by the testimony and evidence presented at the hearing demonstrates that the construction and operation of the proposed resource recovery facility at this location will produce minimal adverse affects on human health, the environment, the ecology of the land and its wildlife, and the ecology of the State waters and their aquatic life. Moreover, the facility will serve to balance the increasing demands for electrical power with the broad interests of the public.
RECOMMENDED ORDER
Upon review of the record herein, it is the recommendation of the undersigned hearing officer that certification pursuant to Chapter 403, Florida Statutes, be granted to Dade County for the construction and operation of the proposed resource recovery facility. It is further recommended that this certification be made subject to the general and special conditions of certification as set forth in the Department of Environmental Regulation composite exhibit number 1, and as modified at the hearing.
DONE AND ENTERED this 22nd day of November, 1977, in Tallahassee, Florida.
KENNETH G. OERTEL, Director
Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32304
(904) 488-9675
Copies furnished to all parties
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
In Re: Dade County Application ) for Certificate of Resource )
Recovery Facility under the ) CASE NO. 77-607EPP provisions of the Florida )
Electrical Power Plant )
Siting Act. )
_
RECOMMENDED ORDER
Pursuant to proper notice, a hearing was held before Kenneth G. Oertel, Director of the Division of Administrative Hearings, at the Dade County Commission Chambers, 73 West Flagler Street, Miami, Florida, at 9:00 O'clock a.m., November 2, 1977. This proceeding was held pursuant to the Florida Electrical Power Plant Siting Act, Chapter 403, Florida Statutes, and
particularly as required by Section 403.508(1), Florida Statutes, to consider the application for site certification of the proposed Dade County Resource Recovery facility in Dade County, Florida, and specifically to determine whether the proposed site would be consistent and in compliance with existing land use plans and zoning ordinances.
The following parties entered appearances at and participated in the hearing through counsel or representatives:
APPEARANCES
Department of Environmental Regulation
Metropolitan Dade County
Dade County Resource Recovery, Inc.
South Florida Water Management District
Upon consideration of all testimony and evidence presented, the following findings of fact are made and entered:
FINDINGS OF FACT
The proposed site is zoned GU (general use) by the Metropolitan Dade County Zoning Master Plan.
By Resolution Number R-569-75, the Dade County Commission approved the construction of a resource recovery facility at the proposed site.
The Two Thousand Metropolitan Dade County Zoning Master Plan would permit construction and operation of a resource recovery facility in an area zoned GU.
The Metropolitan Dade County Land Use Plan supports the concepts of resource recovery and energy recovery from solid wastes.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction in this cause.
Notice as required by law has been given.
The proposed site for the resource recovery facility is consistent and in compliance with existing land use plans and zoning ordinances as required by Section 403.508, Florida Statutes.
It is therefore recommended that the proposed site be found and held to be in conformity with existing land use plans and zoning ordinances in effect as of this date, and it is further recommended that the responsible zoning or planning authorities be restrained from hereafter changing such land use plans or zoning ordinances so as to affect the proposed site.
DONE AND ENTERED this 22nd day of November, 1977, in Tallahassee, Florida.
KENNETH G. OERTEL, Director
Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32304
(904) 488-9675
Copies furnished to all parties
| Issue Date | Proceedings |
|---|---|
| Jan. 13, 1978 | Final Order filed. |
| Nov. 22, 1977 | Recommended Order sent out. CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Jan. 09, 1978 | Agency Final Order | |
| Nov. 22, 1977 | Recommended Order | Grant resource recovery plant permit in the interests of the public and the environment. |
