Judges: WILLIAM E. WILLIAMS
Agency: Department of Environmental Protection
Latest Update: Mar. 26, 1979
Summary: Certification for construction and operation of resource recovery facility granted to Petitioner subject to conditions.
78-2041.PDFNOTE: The Division's Recommended Order issued on December 22, 1978 is no longer available at the Division and is therefore not a part of this ACCESS document.
================================================================= THE GOVERNOR AND CABINET'S FINAL ORDER AND REMAND
=================================================================
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
IN RE: PINELLAS COUNTY RESOURCE RECOVERY PROGRAM
Application for Power Plant CASE NO. 78-2041EPP Siting Certification
DER Application No. PA 78-11
/
The following persons were present and participated in the disposition of this matter:
Honorable Bob Graham Governor
Honorable Jim Smith Attorney General
Honorable Gerald A. Lewis Comptroller
Honorable Bill Gunter
Treasurer and Insurance Commissioner
Honorable Ralph D. Turlington Commissioner of Education
Honorable Doyle Conner Commissioner of Agriculture
ORDER RELATING TO LAND USE AND ZONING BY THE GOVERNOR AND CABINET:
The Governor and Cabinet, having heard presentations by the parties, having reviewed the Recommended Order dated February 22, 1979, (attached and incorporated as Exhibit A), and being otherwise fully advised herein, it is ORDERED:
The Findings of Fact and Conclusions of Law contained in the February 22, 1979, Order are specifically approved and adopted.
The Recommended Order is adopted.
The proposed site is found not to conform with existing land use plans and zoning ordinances in that the landfill associated with the proposed facility is not consistent or in compliance with the City of Pinellas zoning category M- 1.
In all other regards, the proposed site is found and held to be in conformity with existing land use plans and zoning ordinances and the responsible zoning or planning authorities are ordered to refrain from hereafter changing such land use plans or zoning ordinances so as to affect the proposed site.
This cause is remanded to the Hearing Officer with directions to reconvene the land use hearing for the purpose of allowing the applicant to present supplementary evidence which establishes that the associated landfill is no longer inconsistent with applicable zoning or land use ordinances. The final certification hearing in this cause shall not be convened until such time as the applicant has demonstrated to the Hearing Officer and the Hearing Officer has ruled, ore tenus, that the associated landfill is consistent with all land use plans and zoning ordinances.
DONE AND ENTERED this 21st day of March, 1979, in Tallahassee, Florida, subsequent to a vote of the Governor and Cabinet at a duly constituted Cabinet meeting of March 20, 1979, for the Governor and Cabinet.
BOB GRAHAM
Governor
Vote:
For: Against: Unanimous
Copies furnished to all parties
================================================================= SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT'S FINAL ORDER
=================================================================
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
IN RE: PINELLAS COUNTY RESOURCE RECOVERY PROGRAM
Application for Power Plant CASE NO. 78-2041EPP Siting Certification
DER Application No. PA 78-11
/
FINAL REPORT
The SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT is unaware of any
additional information which would lead it to conclude that the proposed power plant will have an adverse impact upon the water resources of the District.
Accordingly, the District adopts its Preliminary Report of December 22, 1978, as its Final Report, pursuant to Rule 17-17.04(5), Florida Administrative Code.
In the event the proposed power plant site is certified, the DISTRICT recommends that the sources of water used for heat dissipation purposes be limited to those identified in the Application, to-wit: (1) the City of Largo sewage effluent (treated to land disposal quality); and (3) stormwater runoff from plant site.
DATED this 23rd day of March, 1979.
THOMAS E. CONE, JR.
202 Madison Street
P.O. Box 399
Tampa, Florida 33601
(813) 223-3888
ATTORNEYS FOR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the original and one copy of the foregoing was furnished to William E. Williams, Hearing Officer, Division of Administrative Hearings, Room 530, Carlton Building, Tallahassee, Florida, 32304, by U.S. Mail on this 23 day of March, 1979; and
I FURTHER CERTIFY that a true and exact copy of the foregoing was furnished by U.S. Mail to: JACOB D. VARN, Secretary, SHERI W. SMALLWOOD, Staff Attorney, and HAMILTON S. OVEN, JR., Administrator of Power Plant Siting, Department of Environmental Regulation, Twin Towers Office Building, 2600 Blair Stone Road, Tallahassee, Florida 32301; PINELLAS COUNTY c/o D.F. Acenbrack, Director, Solid Waste Management, 315 Haven Street, Clearwater, Florida, 33516; PINELLAS COUNTY, c/o County Attorney's Office, the Courthouse, 315 Haven Street, Clearwater, Florida, 33516; PUBLIC SERVICE COMMISSION, c/o Barrett Johnson, Esq., R.A. Gray Building, Tallahassee, Florida, 32304; and DIVISION OF STATE PLANNING, 600 Apalachee Parkway, Tallahassee, Florida 32304 on this 23rd day of March, 1979.
THOMAS E. CONE, JR.
================================================================= RECOMMENDED ORDER REGARDING SITE CERTIFICATION
=================================================================
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
IN RE: Pinellas County Resource )
Project Application for Site ) CASE NO. 78-2041EPP Certification, PA 78-11 )
)
RECOMMENDED ORDER REGARDING SITE CERTIFICATION
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William E. Williams, held a public hearing in this cause on May 24, 1979, in Clearwater, Florida.
APPEARANCES
For Applicant: Robert G. Varner, Esquire
Assistant Pinellas County Attorney
315 Haven Street Clearwater, Florida 33516
For Department Sheri W. Smallwood, Esquire of Environmental Assistant General Counsel Regulation: 2600 Blair Stone Road
Tallahassee, Florida 32301
For Division of C. Laurence Keesey, Esquire State Planning: Room 530, Carlton Building
Tallahassee, Florida 32304
For Southwest Florida Thomas C. Cone, Jr., Esquire Water Management Post Office Box 399 District: Tampa, Florida 33601
For Pinellas County G. Wallace
Building Trades 2165 Country Club Court North Council: St. Petersburg, Florida 33710
For Plumbers and Fred Stiles
Pipe Fitters Local 4020 80th Avenue North
Union No. 111: Pinellas Park, Florida 33565
On or about October 25, 1978, the Applicant, Pinellas County, filed an application for power plant site certification with the Department of Environmental Regulation. On October 26, 1978, the Division of Administrative Hearings received a request from the Department of Environmental Regulation for the appointment of a Hearing Officer to conduct the hearings required by Chapter 403, Part II, Florida Statutes. On November 9, 1978, the Division of Administrative Hearings received a statement from the Department of Environmental Regulation declaring the application to be complete as of October 31, 1978. The land use hearing required by Section 403.508, Florida Statutes, was convened on January 25, 1979, in Clearwater, Florida. At the conclusion of that hearing, the undersigned entered a Recommended Order recommending that a
Final Order be entered by the Board determining that the proposed site did not conform with existing land use plans and zoning ordinances, and requiring that the applicant make the necessary application for rezoning before an further action might be taken on the completed application. By Order entered March 21, 1979, the Board found that the proposed site was not in conformity with existing land use plans and zoning ordinances and remanded the cause to the hearing officer with directions to reconvene the land use hearing for the purpose of allowing the applicant to present supplementary evidence to establish that the associated landfill was no longer inconsistent with applicable zoning or land use ordinances. The Board Order further directed that the final certification hearing in this cause not be convened until such time as the applicant had demonstrated to the Hearing Officer, and the Hearing Officer had ruled, ore tenus, that the associated landfill was consistent with all land use and zoning ordinances.
Pursuant to notice, the land use hearing was reconvened on May 24, 1979, in Clearwater, Florida. At that hearing, the Applicant presented as supplementary evidence City of Pinellas Park Ordinance #962 amending the city's zoning category M-1 to permit publicly owned landfills. Upon receipt of said supplementary evidence, the Hearing Officer concluded, and ruled, ore tenus, that the associated landfill was no longer inconsistent with applicable zoning and land use ordinances.
Immediately thereafter, a certification hearing as required by Section 403.508(3), Florida Statutes, was held pursuant to proper notice in Clearwater, Florida. The purpose of that hearing was to receive testimony and evidence concerning whether the location and operation of the proposed facility would produce adverse effects on human health, environment, the ecology of the land and its wildlife, and the ecology of State waters and their aquatic life. The hearing included an examination of the following:
The necessity for expanded electrical generation;
The expected environmental impact from construction and operation of the resource recovery facility;
Operational safeguards of the facility;
The availability of abundant, low-cost electrical energy;
Other public interests and issues relevant to certification of the proposed site.
In addition, evidence relating to best available control technology and the prevention of significant deterioration was presented.
The following parties entered appearances at or participated in this proceeding:
The Applicant, Pinellas County.
Florida Department of Environmental Regulation.
Florida Public Service Commission.
Florida Division of State Planning.
Southwest Florida Water Management District.
Pinellas County Building Trades Council.
Plumbers and Pipe Fitters Local Union No. 111.
Having considered all testimony and evidence properly admitted, having heard arguments of Counsel, and being otherwise fully apprised herein, the
following Findings of Fact, Conclusions of Law, and Recommended Order are entered:
FINDINGS OF FACT
The Application for power plant site certification was filed by Pinellas County on October 25, 1978. The Applicant proposes to construct a resource recovery facility at which municipal solid wastes will be burned to produce steam-generated electrical energy. The residue from the burning of these wastes will be processed for recovery of metals and other valuable materials. The proposed facility includes a large landfill which will be used for disposal of those portions of the residue not amenable to recovery. In addition, the application includes a directly associated transmission line connecting the proposed facility to Florida Power Corporation's Gandy Substation.
The resource recovery plant buildings will be located on approximately
20 acres within Pinellas County's existing Bridgeway Acres Phase I landfill tract. The Phase I landfill site is situated in Northernmost 80 acres of a total of approximately 225 acres just South of 114th Avenue North and West of 28th Street North. Areas of the plant site not previously disturbed by landfilling activities are occupied largely either by pine flatwoods or wet weather ponds.
The proposed resource recovery facility will consist of a 50 megawatt steam-electric generating turbine, two 1050 tons-per-day solid waste fired boilers; truck weighing scales; a refuse collection and sewage pit, refuse stoking equipment; magnetic and serrofluid separators; conveyors; a four cell mechanical draft cooling tower utilizing treated sewage effluent; effluent intake and outfall piping and connections; a 161 foot flue gas stack; electro- static precipitators; stormwater retention and treatment ponds; stormwater spray irrigation fields; and sanitary landfill and controlled ditching. A 230 kilovolt transmission line and associated structures will run East, South, and then East of the site for approximately 1 and 1/4 miles.
The primary purpose for the proposed facility is to dispose of the county's refuse and trash. There is a clear need for recovery facilities such as that proposed by the Applicant. Moreover, electric system reliability will be increased by the addition of a small generating facility and the cost to the consumer per unit of electricity may be less than that for a similarly sized fossil fuel unit.
The Tampa Bay Regional Planning Council stated that the proposed Pinellas County Power Plant and recovery facility was an innovative solution to the complex problem of solid waste management and resource recovery. The Florida Public Service Commission has found that this facility will enhance the electrical reliability of the peninsular grid system and that some savings would be recognized through the use of wastes as fuel rather than coal or oil. The Department of Environmental Regulation has found that construction of the resource recovery facility will permit the closing of current landfills and will reduce the need for future landfill and will in fact serve a recognized need.
Primary impacts from site modification will include removal of vegetation and certain animal habitat, replacement of existing surface soils, and additional noise and dust levels. The areas affected, however, have largely been disturbed by human activities previously. It is anticipated that the
elimination of putresible waste landfills will reduce the local seagull population. No rare or endangered species have been observed on the site.
The reduction of landfill areas is environmentally desirable and area residents, concerned about the presence of landfills near their home, should find the proposed site modification and visual barriers more attractive than the existing landfills.
Extensive measures have been incorporated into the proposal and the conditions of certification so as to minimize the environmental impacts from construction and operation.
Due to the isolated nature of the proposed site there is very little opportunity for public access during construction and operation. In addition, traffic into the site will be limited and controlled by fencing. The applicant has proposed adequate measures to comply with both State and Federal health and safety requirements.
The resource recovery facility is expected to produce the following volumes of water during normal daily operations:
Cooling tower blowdown 316 gpm.
Boiler blowdown 23 gpm.
Cooling tower evaporation and drift 744 gpm.
Boiler demineralization background blackflush water 6 gpm.
The plant effluents will be discharged to Pinellas Park's South Cross Bayou Sewage Treatment Plant. Any surface water impacts would largely arise from stormwater runoff. Perimeter ditches, a central holding pond, and associated treatment facilities will be used to collect, contain, and treat runoff originating on the site. This collection and treatment system has been planned to be of sufficient size to prevent any stormwater discharge from the site except during periods of extremely heavy rainfall.
Groundwater in the vicinity is Class I-B as defined by Section 17- 3.101, Florida Administrative Code. Movement of the shallow aquifer groundwater in the area is generally Northeasterly at a rate of 1 to 10 feet per year. The area of the site is underlain by a clay/marl zone which would tend to slow the vertical migration of leachates. There has previously been an impact on the shallow aquifer groundwater quality in the vicinity of the site due to adjacent landfilling operations and saltwater intrusions. Leaching of the decomposition materials from putrescible wastes has already altered the natural state and quality of the shallow aquifer. Since landfill materials from the resource recovery facility should primarily be boiler residue and non-putrescible wastes it is likely that any groundwater impacts from these new landfill materials will be much less than from previously landfilled putrescible materials.
Leachates and drainage will be minimized by allowing water to run off the fill rather than being allowed to percolate through the filled material. Leachate which does form by percolation through an active fill will be accumulated at the low point of the active cell. This accumulation will be pumped directly to the aeration pond and will be contained on site. At no time will raw refuse be deposited in standing water.
Wastewater will leave the aeration lagoon and enter two water hyacinth treatment ponds which have been designed to remove nutrients and heavy metals
from the runoff waters. Upon leaving the hyacinth ponds, wastewater would be chlorinated for bacteria and virus control and pumped to the land on the Southern portion of the site.
Construction activities are expected to produce air pollutants and particulate matter in levels which approximate those generated by the current landfilling activities. During operation, expected stack emissions will include particulate, sulfur dioxide, chlorides, carbon monoxide, and oxides of nitrogen. Odor is not expected to be a problem and control measures have been included in the proposal. An electro-static precipitator has been included for the control of particulate matter. Hydrocarbon emission from the plant will constitute approximately .2 percent of the county's total hydrocarbon emission levels. Due to low temperatures, insignificant quantities of oxides of nitrogen will be emitted. There are no sulfur dioxide emission limitations for incinerators; however, if a sufficient volume of refuse is incinerated, prevention of significant deterioration criteria may be applicable. The Department has conducted a Best Available Control Technology analysis for the resource recovery facility and has proposed a sulfur dioxide emission rate for the facility.
During operation, refuse will be sorted for large items or non- combustibles, the remaining refuse will be incinerated. Following combustion, the residue will pass through a resource recovery system designed to extract ferrous and non-ferrous metals. The residue, approximately 2.1 percent by weight of the original raw waste, will be landfilled on site. It is estimated that approximately 1 acre per year will be required for this residue disposal. In the event of a facility shutdown, storage facilities at the processing plant will be sufficient for storage of three to four days of incoming waste. If the plant should remain out of operation beyond three to four days, incoming raw wastes would be landfilled at the site. The facility does not intend to accept hazardous wastes.
During and at the conclusion of the site certification hearing, the public was given the opportunity to comment upon the application for site certification. One individual, Arnold Kindt, spoke on behalf on Mainlands Unit #4, a community of homes in the area just Southwest of the proposed facility. Mr. Kindt did not object to construction of the plant, but suggested a committee to anticipate and resolve environmental problems which might arise.
The Florida Department of Environmental Regulation, the Public Service Commission, the Division of State Planning and Southwest Florida Water Management District, have all recommended certification of the proposed resource recovery facility subject to conditions. The stipulated conditions are attached hereto as Exhibit 1.
CONCLUSIONS OF LAW
This proceeding was held pursuant to the Florida Electrical Power Plant Siting Act, Chapter 403, Part II, Florida Statutes, and Chapter 17-17, Florida Administrative Code, to consider the subject application for site certification.
Notice in accordance with Chapter 403 and Chapter 120, Florida Statutes, and Chapter 17-17, Florida Administrative Code, has been given to all persons and parties entitled thereto, as well as to the general public.
The motion for a finding of compliance with Rule 17-17.12(2)(e), F.A.C., submitted jointly by the Applicant and the Department of Environmental
Regulation is granted. The Department of Transportation having received notice and having failed to appear is deemed to have waived any rights to participate herein or to object to certification, if granted.
The purpose of the site certification hearing was to receive testimony and evidence concerning whether the location and operation of the proposed facility will produce minimal adverse effects on human health, the environment, the ecology of the land and its wildlife, the ecology of State waters and their aquatic life, and to fully balance the increasing demand for electrical power plant location and operation with the broad interest of the public as provided in Chapter 403, Florida Statutes.
The record of this hearing consists of all pleadings and papers filed herein, including the site certification application, as amended, the transcripts of all hearings, all orders entered by the Hearing Officer, as well as all evidence and exhibits properly admitted.
Section 403.507(1)(a), Florida Statutes, provides that the Division of State Planning shall present a report as to the compatibility of the proposed electrical power plant with any State comprehensive plan. the Division of State Planning has made a report on the resource recovery facility and its report and recommendation have been submitted and introduced into evidence. The Division recommends certification subject to the conditions in Exhibit 1.
Section 403.507(1)(b), Florida Statutes, requires that the Florida Public Service Commission prepare a report and recommendation as to the present and future needs for electrical generating capacity in the area to be served by the proposed facility. Such a report and recommendation have been submitted and introduced into evidence. The Public Service Commission states that there will be some benefits derived from the generating capacity addition of the resource recovery facility and resulting reduction in oil consumption. The recommendation of the Public Service Commission is that the Pinellas County Waste Resource Recovery Facility be certified subject to the conditions in Exhibit 1.
Section 17-17.04(5), Florida Administrative Code, requires the Water Management District in whose jurisdiction the resource recovery facility will be located to prepare a report of its position on the impact of the proposed facility on the water resources of the district. On March 23, 1979, the Southwest Florida Water Management District stated it did not believe the proposed power plant would have an adverse impact on the water resources of the district. The district recommended certification subject to the conditions in Exhibit 1.
Section 403.507(2), Florida Statutes, requires that the Department of Environmental Regulation conduct or contract for studies of the proposed electrical power plant including, but not limited to:
Cooling system requirements
Construction and operational safeguards
Proximity to transportation systems
Soil and foundation conditions
Impact on suitable present and projected water supplies for this and other competing uses
Impact on surrounding land uses
Accessibility to transmission corridors
environmental Impacts
Such a report and recommendations have been submitted and introduced into evidence. The Department of Environmental Regulation recommends certification of the proposed facility subject to the conditions of certification which are attached as Exhibit 1.
The Applicant has accepted the proposed conditions of certification (Exhibit 1) and has agreed to comply therewith if certification is granted.
The location and operation of the proposed facility, as described by the evidence in the record, if made subject to the conditions of certification attached, are expected to 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. Section 403.502, Florida Statutes.
The operational safeguards for the proposed facility are technically sufficient for the welfare and protection of the citizens of Florida. Section 403.502(1), Florida Statutes.
The certification of the proposed facility is consistent with the provision of abundant low-cost electrical energy. Section 403.502(3), Florida Statutes.
The proposed air pollution control equipment should prevent the operation of the facility from causing significant deterioration of ambient air quality in the vicinity.
Construction and operation of the facility satisfy the prevention of significant deterioration criteria and the application of the Best Available Control Technology standards.
RECOMMENDED ORDER
Having reviewed the record of this proceeding, and based upon the Findings of Fact and Conclusions of Law set forth herein, it is hereby recommended that certification, pursuant to Chapter 403, Part II, Florida Statutes, be granted to Pinellas County for the construction and operation of its resource recovery facility, the associated facilities and the directly associated transmission line, as proposed in the amended application and described in the record of this proceeding. It is further recommended that this certification be made subject to the conditions of certification attached hereto as Ex. 1.
DONE AND ORDERED this 12th day of June, 1979, in Tallahassee, Florida.
WILLIAM E. WILLIAMS
Hearing Officer
Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301
COPIES FURNISHED:
Robert G. Varner, Jr., Esquire Assistant Pinellas County Attorney
315 Haven Street Clearwater, Florida 33516
Sheri W. Smallwood, Esquire Assistant General Counsel
Department of Environmental Regulation 2600 Blair Stone Road
Twin Towers Office Building Tallahassee, Florida 32301
C. Lawrence Keesey, Esquire Division of State Planning
530 Carlton Building, Room 335 Tallahassee, Florida 32301
Thomas C. Cone, Jr., Esquire and L. M. Blain, Esquire
202 Madison Street Post Office Box 399 Tampa, Florida 33601
Mr. George Wallace
2165 country Club Ct. N.
St. Petersburg, Florida 33710
Mr. Fred Stiles 4020 80th Avenue N.
Pinellas Park, Florida 33565
Hamilton S. Oven, Jr., P.E. Administrator
Power Plant Siting, DER 2600 Blair Stone Road
Twin Towers Office Building Tallahassee, Florida 32301
Mr. D. F. Acenbrack, Director Solid Waste Management
Board of Pinellas County Commissioners
315 Haven Street Clearwater, Florida 33516
Barrett G. Johnson, Esquire Public Service Commission
101 E. Gaines Street Tallahassee, Florida 32301
================================================================= RECOMMENDED ORDER RELATING TO LAND USE
=================================================================
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
IN RE: Pinellas County Resource )
Project Application for Site ) CASE NO. 78-2041EPP Certification PA 78-11 )
)
RECOMMENDED ORDER RELATING TO LAND USE
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William E. Williams, held a public hearing in this cause on May 24, 1979, in Clearwater, Florida.
APPEARANCES
For Applicant: Robert G. Varner, Esquire
Assistant Pinellas County Attorney
315 Haven Street Clearwater, Florida 33516
For Department Sheri W. Smallwood, Esquire of Environmental Assistant General Counsel Regulation: 2600 Blair Stone Road
Tallahassee, Florida 32301
For the Division C. Laurence Keesey, Esquire of State Planning: Room 530, Carlton Building
Tallahassee, Florida 32301
For Southwest Thomas C. Cone, Jr., Esquire Florida Water Post Office Box 399 Management 202 Madison Street
District: Tampa, Florida 33601
For Pinellas George Wallace
County Building 2165 Country Club Court North Trades Council: St. Petersburg, Florida 33710
For Plumbers and Fred Stiles Pipefitters Local 4020 80th Avenue North
Union No. 111: Pinellas Park, Florida 33565
FINDINGS OF FACT
The land use hearing herein was originally convened on January 25, 1979, in Clearwater, Florida.
Thereafter, on February 22, 1979, the undersigned entered a Recommended Order in which it was recommended that a Final Order be entered by the Board determining that the proposed site did not conform with existing land use plans and zoning ordinances and requiring that the Applicant make the necessary
application for rezoning before any further action was taken on the complete application.
That Recommended Order was presented to the Governor and Cabinet sitting as the Board pursuant to Chapter 403, Florida Statutes, on March 20, 1979. By Order dated March 21, 1979, the Governor and Cabinet found the proposed site was not in conformity with existing land use plans and zoning ordinances in that the landfill associated with the proposed facility was not consistent or in compliance with the City of Pinellas Park zoning category M-1. In all other regards, the proposed site was found and held to be in conformity with existing land use plans and zoning ordinances. Accordingly, the Governor and Cabinet remanded the cause to the Hearing Officer with directions to reconvene the land use hearing for the purpose of allowing the Applicant to present supplementary evidence to establish that the associated landfill is no longer inconsistent with applicable zoning or land use ordinances.
On May 24, 1979, the land use hearing was reconvened pursuant to the Board's Order and the Applicant, at that time, presented supplementary evidence in the form of city ordinance #962 which amends Pinellas Park's M-1 zoning category to permit publicly owned landfills.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action.
In land use hearings conducted pursuant to provisions of Section 403.508(1), Florida Statutes, the sole issue for determination is whether or not the proposed site is consistent and in compliance with existing land use plans and zoning ordinances.
Pursuant to the Order of the Board, the sole question for determination in this continued land use hearing is whether the associated landfill is now consistent with applicable zoning and land use ordinances.
Based on the evidence presented at the May 24, 1979 hearing, the Hearing Officer has concluded, and has ruled, ore tenus, that the associated landfill is consistent with all land use plans and zoning ordinances.
RECOMMENDATION
Upon the foregoing Findings of Fact and Conclusions of Law, it is hereto RECOMMENDED:
That a Final order be entered by the Board determining that the proposed site now conforms with existing land use plans and zoning ordinances, and directing the responsible zoning or planning authority to refrain from hereafter changing such land use plans or zoning ordinances so as to affect the proposed site.
RECOMMENDED this 12th day of June, 1979, at Tallahassee, Florida.
WILLIAM E. WILLIAMS
Hearing Officer
Division of Administrative Hearings Room 101, Collins Building
Gaines and South Adams Street Tallahassee, Florida 32301
COPIES FURNISHED:
Robert G. Varner, Jr., Esquire Assistant Pinellas County Attorney
315 Haven Street Clearwater, Florida 33516
Sheri W. Smallwood, Esquire Assistant General Counsel Department of Environmental
Regulation
2600 Blair Stone Road
Twin Towers Office Building Tallahassee, Florida 32301
C. Laurence Keesey, Esquire Division of State Planning
530 Carlton Building, Room 335 Tallahassee, Florida 32301
Tom Cone, Esquire and
L. M. Blain, Esquire
202 Madison
Post Office Box 399 Tampa, Florida 33601
Mr. George Wallace
2165 Country Club Ct. N.
St. Petersburg, Florida 33710
Mr. Fred Stiles 4020 80th Avenue N.
Pinellas Park, Florida 33565
Hamilton S. Oven, Jr., P.E. Administrator
Power Plant Siting, DER 2600 Blair Stone Road Tallahassee, Florida 32301
Mr. D. F. Acenbrack, Director Solid Waster Management
Board of Pinellas County Commissioners
315 Haven Street
Clearwater, Florida 33516
Barrett G. Johnson, Esquire Public Service Commission
101 E. Gaines Street Tallahassee, Florida 32301
Docket for Case No: 78-002041
Orders for Case No: 78-002041
