STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
IN RE: )
FLORIDA CRUSHED STONE COMPANY ) CASE NO. 82-2835EPP
Power Plant Application - PA 82-17 )
)
RECOMMENDED ORDER
Pursuant to notice, an administrative hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings, on January 11, 1983, at the Southwest Florida Water Management District in Brooksville, Florida. The issue for determination at the hearing was whether the site for the applicant's proposed 125 megawatt electrical generating plant and associated facilities is consistent and in compliance with existing zoning ordinances and land use plans.
APPEARANCES
For Applicant: Lawrence N. Curtin
Holland & Knight
Post Office Drawer BW Lakeland, Florida 33802
For Department William W. Deane
of Environmental Department of Environmental Regulation Regulation: 2600 Blair Stone Road
Tallahassee, Florida 32301
For Department C. Laurence Keesey
of Community Department of Community Affairs Affairs: Howard Building
2571 Executive Center Circle, East Tallahassee, Florida 32301
For Public Service
Commission: No appearance
For Southwest Florida Water Management
District: No appearance For Sierra Club: No appearance
INTRODUCTION
At the land use portion of the administrative hearing in this cause, the applicant, Florida Crushed Stone Company, presented the testimony of Richard C. Entorf, the applicant's Senior Vice-President; George A. Haskell, Jr., the applicant's Manager of Industrial Relations; and John A. Crislip, an Urban Planning Consultant who was accepted as an expert witness in the area of land use planning. Exhibits 1 through 6 and 9 through 13 were received into evidence on behalf of the applicant. The Department of Environmental Regulation
presented the testimony of Hamilton S. Oven, Jr., the Administrator of Power Plant Siting, and its Exhibit 1 was received into evidence. No witnesses were called by the remaining parties. Members of the general public were afforded the opportunity to testify at the hearing, and Maurice Lubee did present testimony.
Subsequent to the hearing, the applicant submitted proposed findings of fact and proposed conclusions of law. To the extent that such proposals are not contained in this Recommended Order, they are rejected as either being not supported by competent, substantial evidence adduced at the hearing or as being irrelevant or immaterial to the issue for determination.
FINDINGS OF FACT
Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found:
Florida Crushed Stone Company, hereinafter referred to as the applicant, has filed with the Department of Environmental Regulation an application for certification of a power plant site to be located at its existing Brooksville complex in Bernando County, Florida. The applicant proposes to construct a cogeneration facility (one which sequentially uses energy to produce energy) which will consist of a 125 megawatt power plant and a 600,000 ton per year cement plant. The project includes associated coal unloading and handling facilities and a directly associated transmission line connecting the proposed facility to an existing Florida Power Corporation transmission line to the west of the proposed site. Separate permit applications for the cement plant component have been submitted to the DER.
The project area is located on approximately 6,400 contiguous acres owned entirely by the applicant and currently utilized as an aggregate and line operation. The actual site to be modified is approximately 30 acres within a
100 acre area previously disturbed by mining operations. The proposed site is located approximately 3.25 miles northwest of downtown Brooksville and some 3,100 feet west of the intersection of State Roads 485 and 485B (Yontz Road) in unincorporated Hernando County. The subject site has previously been mined and was originally a hill. The site is recessed within a large earthen dike which will provide a physical and visual buffer of the power generating plant and cement manufacturing plant from the surrounding areas. The dike would project from fifty to one hundred feet above the site itself.
When this application was filed, the entire area was zoned for mining operations. Although utility structures are permissible on land zoned for mining, it was determined that rezoning was necessary because the project was a cogenerator and involved a cement plant. The applicant therefore petitioned the Hernando County Commission for a rezoning of the actual project site to industrial, with a special exception for heavy industry. The request for rezoning was approved. The Board of County Commissioners indicated that it felt that the power plant and the power line corridor were consistent with the Hernando County Comprehensive Plan and Land Use Regulations.
The land use of the immediate area surrounding the applicant's 6,400 acre tract is primarily mining, agricultural or barren and vacant. There is a small industrial site and a small commercial site to the southeast of the property. The other active mining sites exist in the area north and northeast of the applicant's property and the other lands in the area, particularly to the north, west and south are primarily either vacant or in agricultural use. Most
of the existing residences in the vicinity are located to the southeast toward Brooksville and to the south. A survey of existing residences within the immediate area indicates that within a one-mile radius of the site, there are 16 residences, of which 13 would be occupied. Within a two-mile radius, it is estimated that there are 227 residences, of which 189 are occupied. Based upon the average household size for Hernando County, it is estimated that the total population within a one-mile radius of the site would be 33 persons and would be
468 persons within a two-mile radius.
The Hernando County Comprehensive Plan has among its objectives provisions for a balanced variety of land use activities in the county, along with attempts to create compatibility among conflicting land use activities. Particular concern is expressed with regard to conserving agricultural lands and avoiding conflicts between agricultural activities and urban-type developments. The proposed plant site is located in a mining area classified to a large extent as being barren lands. It thus provides for conservation of agricultural land and the reuse of what otherwise may be unusable land.
Notice of the land use hearing was published in The Tampa Tribune on November 25, 1982, and copies were provided to the West Hernando News, a local newspaper in Brooksville and to the Hernando County Department of Planning and Zoning and the Withlacoochee Regional Planning Council.
CONCLUSIONS OF LAW
All parties and the public were afforded notice of this proceeding as required by law. The purpose of this proceeding is to determine whether the proposed site is consistent and in compliance with existing land use plans and zoning ordinances. Section 403.508, Florida Statutes.
The applicant has adduced sufficient evidence that it has obtained the proper zoning for the activities involved, and that the use of the site for the purpose of constructing a cogeneration facility, associated rail and coal handling facilities and a directly associated transmission line is consistent and in compliance with existing zoning ordinances, land use regulations and the comprehensive plan of Hernando County, Florida. No evidence to the contrary was adduced.
Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that a Final Order be entered by the Board determining that the proposed site is consistent and in compliance with existing land use plans and zoning ordinances.
Respectfully submitted and entered this 10th day of February, 1983, in Tallahassee, Florida.
DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 10th day of February, 1983.
COPIES FURNISHED:
Honorable Bob Graham Governor
State of Florida The Capitol
Tallahassee, Florida 32301
Honorable Jim Smith Attorney General State of Florida The Capitol
Tallahassee, Florida 32301
Honorable Doyle Conner Commissioner of Agriculture The Capitol
Tallahassee, Florida 32301
Honorable Ralph Turlington Commissioner of Education The Capitol
Tallahassee, Florida 32301
Honorable George Firestone Secretary of State
The Capitol
Tallahassee, Florida 32301
Honorable Bill Gunter
State Treasurer and Insurance Commissioner
The Capitol
Tallahassee, Florida 32301
Honorable Gerald Lewis Comptroller
State of Florida The Capitol
Tallahassee, Florida 32301
Lawrence N. Curtin, Esquire Holland & Knight
Post Office Drawer BW Lakeland, Florida 33802
C. Laurence Keesey, Esquire Department of Community Affairs Howard Building
2571 Executive Center Circle, East Tallahassee, Florida 32301
William W. Deane, Esquire
Department of Environmental Regulation 2600 Blair Stone Road
Tallahassee, Florida 32301
Lynne C. Capehart, Esquire Sierra Club
1601 NW 35 Way
Gainesville, Florida 32605
Arthur Shell, Esquire
Florida Public Service Commission
101 East Gaines Street Tallahassee, Florida 32301
Thomas Cone, Esquire
202 Madison Street Tampa, Florida 33061
Robert Bruce Snow, Esquire
112 North Orange Avenue
P.O. Box 2060
Brooksville, Florida 33512
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
IN RE: )
FLORIDA CRUSHED STONE COMPANY ) CASE NO. 82-2835EPP
Power Plant Site Certification ) Application - PA 82-17 )
)
RECOMMENDED ORDER
Pursuant to notice, an administrative hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings, on August 2, 3, 4 and 5, 1983, in Brooksville, Florida. The issue for determination in this proceeding is whether the power plant siting application submitted by Florida Crushed Stone Company for the construction and operation of a 125 megawatt electric generating facility in Hernando County, Florida, should receive certification by the Governor and Cabinet, sitting as the Siting Board.
APPEARANCES AT THE HEARING
For the Applicant: Lawrence N. Curtin
John A. Radey
Lawrence E. Sellers, Jr. Holland & Knight
Post Office Drawer BW Lakeland, Florida 33802
For the Department William W. Dean of Environmental John C. Bottcher
Regulation: Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32301
For the Department C. Laurence Keesey of Community Affairs: Howard Building
2572 Executive Center Circle Tallahassee, Florida 32301
For Southwest J. Edward Curren
Florida Water Staff Counsel Management District: 2379 Broad Street
Brooksville, Florida 33512-9712
For the Sierra Club: Lynne Capehart
Bradford Thomas
16011 Northwest 35 Way
Gainesville, Florida 32605
For Hernando County: Robert Bruce Snow
Post Office Box 2060 Brooksville, Florida 33512
For Florida Rock William H. Green
Industries, Inc.: Hopping, Boyd, Green & Sams, P.A.
Post Office Box 6526 Tallahassee, Florida 32301
For Florida Mining John R. Lawson, Jr. & Materials Joseph A. McGlothin
Corporation: C. Thomas Davidson
Lawson, McWhirter & Grandoff Post Office Box 3350
Tampa, Florida 33601 OTHER APPEARANCES OF RECORD
For the Public Bonnie E. Davis Service Commission: Legal Department
101 East Gaines Street Tallahassee, Florida 32301
For Southwest Florida L. M. Blain
Water Management Thomas E. Cone, Jr. District: Blain & Cone, P.A.
Post Office Box 399 Tampa, Florida 33601
APPEARING AS AMICUS CURIAE
For Florida Power & Gary P. Sams
Light Company: Elizabeth C. Bowman
Hopping, Boyd, Green & Sams, P.A. Post Office Box 6526 Tallahassee, Florida 32301
INTRODUCTION
On October 18, 1982, Florida Crushed Stone Company (FCS) filed with the Department of Environmental Regulation (DER) its application for certification of the power plant component of a proposed cogeneration facility to be located in Hernando County, Florida. Pursuant to Section 403.508(1) and (2), Florida Statutes, a land use hearing was held before the undersigned Hearing Officer on January 11, 1983, and the Governor and Cabinet sitting as the Siting Board, entered an Order on March 15, 1983, concluding that the proposed site is consistent and in compliance with existing land use plans and zoning ordinances.
By Order Number 11611 issued on February 14, 1983, the Florida Public Service Commission (PSC) concluded, after a public hearing on the matter, that a need exists for the cogeneration facility proposed by FCS. This Order constituted the final report of the PSC required by Section 403.507(1)(b), Florida Statutes, and creates a presumption of public need and necessity, pursuant to Section 403.519, Florida Statutes.
In support of its application, FCS presented the testimony of thirteen witnesses and its Exhibits 1 through 43 were received into evidence. Testifying on behalf of the applicant were William Michael Dennis, accepted as an expert botanist with specialties in plant taxonomy, plant ecology and power plant siting and transmission line siting; Stephen R. Adams, accepted as an expert in terrestrial ecology, specializing in the evaluation of endangered and threatened wildlife species; James Raymond Williams, accepted as an expert in archeology; Richard Alan Zwolak, accepted as an expert in environmental and resource planning, particularly land use comprehensive planning; Richard Carl Entorf, the Senior Vice President of FCS; Richard R. Popham, accepted as an expert in the areas of power plant planning and design engineering; John Garlanger, accepted as an expert hydrologist, both surface and subsurface, with special emphasis on subsurface investigation, earthen dam design, ground water seepage, water balance analysis, and liquid and solid waste disposal; Charles David Hendry, Jr., accepted as an expert in water chemistry, particularly on the effect of atmospheric deposition on water quality (often referred to as "acid rain"); Hamilton S. Oven, Jr., accepted as an expert in electrical power plant siting in the State of Florida; Michael Von Seebach, accepted as an expert in cement plant engineering; Clair H. Fancy, accepted as an expert in air quality management; John B. Koogler, accented as an expert in pollution control, especially air pollution control technology, air quality control, air quality dispersion modeling and Best Available Control Technology (BACT) analysis; and David Buff, accepted as an expert in the area of air quality dispersion modeling and impact analysis.
The intervenor, Florida Rock Industries, Inc., (FRI) presented the testimony of John D. Baker, its Executive Vice President, and its Exhibit 1 was received into evidence.
The intervenor, Florida Mining and Materials Corporation (FM & M) presented the testimony of four witnesses and its Exhibits 1 through 9 were received into evidence. Testifying on behalf of FM & M were Thomas C. Bronson, the President of FM & M and its parent company, Moore McCormack Cement; Edward Palagyi, an engineer with the DER's Bureau of Air Quality Management; Fred W. Cohrs, the Vice President of FM & M; and Joseph L. Tessitore, accepted as an expert in the areas of air quality impacts, air pollution control technology and BACT analysis.
On the evening of August 3, 1983, a session of the hearing was convened for the purpose of allowing the public an opportunity to present testimony and evidence. Six members of the public appeared, were placed under oath, testified and were subject to cross-examination. A letter from another member of the public was read into the record.
In addition, Hearing Officer Exhibits 1 through 6 and DER Exhibit 1 were received into evidence.
Subsequent to the hearing, FCS, FM & M and DER submitted proposed findings of fact and proposed conclusions of law. FCS and FM & M also submitted briefs in support of their proposals. The Sierra Club submitted a closing statement and a proposed condition of certification. The Florida Power and Light Company presented an Amicus statement. These documents have been fully considered by the undersigned. To the extent that the submitted proposed findings of fact are not incorporated into this Recommended Order, they are rejected as being either not supported by competent substantial evidence adduced at the hearing, irrelevant or immaterial to the issues in dispute or as constituting conclusions of law as opposed to findings of fact.
FINDINGS OF FACT
Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found:
The applicant FCS is in the construction materials business. It owns approximately 6,400 contiguous acres of land in Hernando County which contain significant reserves of limestone. It presently operates three plants on the site -- a limerock plant, a chemical plant and an aggregate plant. There are also quarries and circulating water ponds on the land.
Most of the materials FCS sells are sold to companies which use cement. Limestone is the principal raw material and the heaviest ingredient of cement, which requires 1.6 tons of limestone to produce one ton of cement. In order to conserve transportation costs, it is practical to build a cement plant near the limestone mines. Thus, FCS proposes to construct a cement plant which will have the capacity to produce 600,000 tons of cement a year. It also proposes to construct a 125 megawatt (MW) power plant and associated coal handling facilities which will provide electricity for the existing plants and the proposed cement plant. It is anticipated that the requirements of the existing plants and the new cement plant will be 25 MW and that the remaining 100 will be sold to a utility. The project will operate as a cogeneration facility. The cement plant component of the facility is the subject of separate DER permitting proceedings.
FCS proposes to construct the power plant and the cement plant on a 100-acre site within its 6,400 acres. This site is in the bottom of a mined-out limerock pit which is essentially devoid of vegetation. With the exception of some artificial water bodies, there are no wetlands on the proposed site. The 100-acre plant site is located about 3 1/4 miles northwest of the City of Brooksville, northeast of U.S. Highway 98. The proposed plant site will have no effect on the present land use or the land use pattern within five miles. The proposed transmission line corridor is approximately 4 miles long travelling in a westerly direction from the plant site. It also traverses primarily barren land and mined-out areas, though the western-most portion does cross some sparsely forested upland area which has been previously disturbed. There is some vegetation and improved pasture along the corridor. No adverse impacts
upon the ecological value of the plant site or the power line corridor are expected. There is no evidence of endangered species or species of special concern on the proposed plant site, and hence, no adverse impacts are expected from the construction or operation of the proposed facility. Similarly, construction and operation of the proposed transmission line corridor will have no impact on any endangered species, and will have only minimal effect on the population of gopher tortoises and fox squirrels observed on the site. There are no significant archeological or historical sites within the project boundaries.
The proposed cogeneration facility -- the power plant and the cement plant -- is an innovative concept and is the first of its kind in the United States. The manufacturing of cement is a power-intensive process, requiring great amounts of electricity. As noted above, approximately 25 MW of the electricity generated by the power plant will be consumed by the cement plant and other facilities located at the site. Flue gases from the power plant, which would otherwise constitute waste heat, will be used to dry the very wet limestone fines which are currently a waste product of the FCS existing limerock mining operations. After drying, these fines will be used as a raw material in the manufacture of cement and, in this drying process, some of the sulfur dioxide (S02) in the gases will be removed. Two of the waste products from the power plant, fly ash and bottom ash, will be used in the manufacture of cement, thus eliminating or reducing the need for land disposal of a high volume of waste materials which are typically associated with power plants. Waste gases from the cement plant will be used for part of the combustion air in the power plant boiler. Also, the power plant is designed to make efficient use of water. There are presently some 1,050 acres of settling ponds which receive waste water from the existing aggregate plant located at the same site. This existing pond system will be used for the circulation of water. FCS proposes to increase the storage capacity of these ponds and to use this waste water as cooling water for the power plant.
Dam heights will be raised to conserve rain water. The increased storage of rainfall will result in the utilization of less groundwater from existing deep wells than is presently authorized by existing consumptive use permits issued to FCS by the Southwest Florida Water Management District. FCS is currently permitted for the use of 21 million gallons of water per day (mgd). It is projected that the power plant will utilize 14.9 mgd and the cement and lime plants will use 3.4 mgd, for a total use of 18.3 mgd. An impermeable liner will be placed beneath the coal unloading and storage area, thus minimizing groundwater contamination, and FCS will utilize monitoring wells for the testing of groundwater. No surface runoff is expected. It is anticipated that the overall effect of the proposed cogeneration facility upon the surface and groundwater resources of the area will he almost negligible.
For the power plant component of the cogeneration facility, FCS intends to purchase a plant called Twin Branch Unit Number 5, presently located in Mishawaka, Indiana. This plant was built in 1949, was originally designed to accomodate the firing of coal, but was converted to an oil-firing unit in 1972. FCS proposes to disassemble this unit and relocate it, minus the foundation and the exterior shell of the building, to Brooksville, Florida. Some 95 percent to
98 percent of the mechanical and electrical equipment and all of the piping will be moved. FCS plans to convert the unit back to coal which will require the replacement of some equipment and materials in the boiler or steam generator. The total cost of the boiler, as converted, will approximate 4 to 5 million dollars. A comparable new erected boiler would cost between 30 and 35 million dollars. The power plant is expected to operate for 30 years or longer.
Three sets of air quality related standards are applicable to the emissions from the applicant's proposed power plant. These standards include the ambient air quality standards (the absolute maximum concentration that a pollutant can reach), the prevention of significant deterioration (PSD) requirements (which specifies the amount or "increment" of air pollution to be permitted in each of three Classes based upon the existing ambient concentration of the given pollutant) and the requirement that the proposed source use the best available control technology (BACT) for each pollutant. In order to determine compliance with the air quality standards, computer modeling techniques are utilized which attempt to simulate the physical conditions related to the emission of air pollutants. These physical conditions include meteorological conditions, such as wind speed, wind direction, ambient temperatures, and atmospheric turbulence; the physical parameters of the proposed emission source, such as the height and dimensions of the stack gas flue in which the pollutant is contained; and the geographic proximity of the proposed source to the impacted area.
Computer modeling was conducted to evaluate the air quality effects of the operation of the proposed power plant, in conjunction with the cement plant, with regard to the pollutants sulfur dioxide (S02), particulate matter (PM), nitrogen oxides (NOx) and carbon monoxide. In each instance, the maximum expected impacts from emissions from the proposed facility were far less than the applicable air quality standards for those pollutants.
PSD review is also required for the pollutants S02 and PM. The applicant's proposed site is located in a Class II area, but it is approximately
20 kilometers southeast of the Chassahowitzka Wildlife Refuge, designated as a Class I area. Using air quality modeling techniques to evaluate the impact of emissions from the applicant's proposed facility, it was determined that the emissions of S02 and PM would not exceed applicable Class I or Class II increments. The allowable 24-hour increment for S02 in a Class I area has been established as 5 micrograms per cubic meter. Given a certain set of meteorological conditions, FCS would likely consume, at a particular receptor in the Chassahowitzka area, 3.1 micrograms per cubic meter for the 24-hour period, or 66 percent of the allowable 5 micrograms available in increment. For PM, FCS's annual impact would be only 6 percent of the allowable increment and its 24-hour impact would be 18 percent of the allowable increment for the Class I area. The proposed facility's increment consumption in the Class II area was well below the established allowable limits.
1O. A conclusion that the FCS consumption of 3.1 micrograms of the allowable 5 S02 increment only leaves 1.9 micrograms available for future sources is only valid if it is assumed that other pollution sources are constructed on the exact same plumb line and distance as the FCS facility is from a particular receptor in the Class I area. The established increment applies to each of a number of receptors in the area. While FCS may have an impact of 3.1 on one receptor in the Class I area, it may have no impact on another. A particular level of impact of a pollutant will occur at one receptor only twice in five years.
An applicant for a project involving a pollutant source is required to utilize the best available control technology (BACT) for each pollutant. A determination of the BACT for any pollutant requires an analysis of the energy, environmental and economic impacts. The applicant has established without dispute that the technology it proposes to utilize for the control of
particulate matter, nitrogen oxides, hydrocarbons and carbon monoxide constitute the BACT.
The prime controverted issue in this proceeding involves the question of whether the technology proposed by FCS for controlling sulfur dioxide emissions constitutes BACT. FCS proposes to use low sulfur coal and to inject limestone into the boiler, thus intermingling the limestone with the coal. S02 is generated by the combustion of coal. Limestone will be ground and injected with the coal and, during the combustion process 502 will be absorbed on the limestone. It is estimated that this limestone injection process will result in the absorption or removal of at least 25 percent of the S02 generated in the furnace. The combination of the use of low (0.75 percent) sulfur coal and the injection of limestone results in maximum emissions of 915 pounds per hour of S02 from the boiler. The power plant and cement plant operating together will produce maximum emissions of S02 of 965 pounds per hour. When the boiler flue gas stream is passed through the cement plant, a further 19 percent reduction of the remaining S02 is accomplished, resulting in an emission rate of 0.74 pounds per million British Thermal Units (BTU) when the two plants operate together. This is the lowest S02 emission rate of any coal-fired power plant in the State of Florida. While the limestone injection process will increase the ash content that will have to be removed from the burner, the particulate matter emission rate will not be increased.
The use of a flue gas desulfurization system (or scrubber) was considered by both FCS and the DER as the possible BACT for the control of S02 emission. Such a system was rejected in favor of the use of low sulfur coal and the limestone injection process for several reasons. The scrubber technique for the reduction of S02 emissions requires large amounts of energy. One of the most beneficial features of the proposed cogeneration facility is the efficient use of energy by taking what otherwise would become wasted heat from one process and utilizing that heat in the second process. Use of the scrubber would also have certain adverse environmental impacts not associated with the low sulfur coal/limestone injection process. A wet scrubber technique would result in the creation of a waste sludge which would need to be treated, disposed of and have the potential to contaminate groundwater or environmentally sensitive areas. In addition, were a scrubber utilized, all gases from both the power plant and the cement plant would need to be treated. This would increase the size of the scrubber required. Also, since a wet scrubber would inject moisture into the stack plume, S02 could be converted to acidic form, thus assisting in the formation of "acid rain." The comparative costs of the two methods (scrubber versus low sulfur coal/limestone injection) is within 5 percent or 6 percent of being identical. Finally, the operation of a wet scrubber would not be as reliable as the utilization of low sulfur coal. A scrubber is a mechanical device that tends to break down and wear out.
When measured as the gas exits the stack, the use of the scrubber option results in a slightly lower emission rate of S02 than that of the low sulfur coal/limestone injection option (0.64 as opposed to 0.74). However, the scrubber option results in a lower stack gas exit temperature and lower stack gas flow rate, with the potential for having a greater impact at the ground level on the Class I Chassahowitzka area. There was no evidence that the use of a scrubber at the FCS proposed power plant would result in any decrease in the effect of S02 emissions on the Class I increment.
Cogeneration can produce electricity more cheaply than could be purchased from a public utility. In order to be competitive with other
manufacturers, an entrant into the cement market in Hernando County will need to employ cogeneration if the FCS application is approved.
The intervenor Florida Rock Industries, Inc. (FRI) is engaged in the business of mining, processing, and distributing construction aggregates in Florida. It owns or controls some 5,400 acres of land in Hernando County approximately 2.5 to 3 miles northeast of the FCS proposed power plant site, and this land contains considerable reserves of limestone. General Portland Cement has applied for a million ton per year cement plant permit on this land, and FRI contemplates the use of a cogeneration facility substantially similar to that proposed by FCS.
The intervenor Florida Mining and Materials (FM & M) owns or controls some 4,500 acres of land in northwest Hernando County located some 4 miles north/northwest of the FCS proposed facility site. FM & M is engaged in the production and sale of cement and raw materials and presently has an existing cement plant on its property. Since approximately one half of the cost of producing cement is attributable to electricity, FM & M has considered the construction of a power generating unit at the site of its cement plant and utilizing the cogeneration process. However, as of the date of hearing in this proceeding, FM & M had made no firm commitments, in terms of obtaining governmental approvals, financing or plans, for such a cogeneration facility.
The concentration and impact of pollutants on lands owned and controlled by both FRI and FM & M, as well as the amount of increment for S02 and PM available for consumption by future activity in the Class I Chassahowitzka area, is dependent upon the emission limits set for the proposed FCS cogeneration facility in this proceeding. Whether or not all three companies (FCS, FRI and FM & M) could operate cogeneration facilities on their respective lands with S02 emissions similar to those proposed by FCS without violating Class I increment standards is dependent upon many factors. These factors include the effect of meteorological conditions (such as temperature and wind direction) on each site at the same time, the exact geographical location of each plant site, the physical parameters of each facility's emissions and whether the increment impact is calculated by using the DER rules or the Environmental Protection Agency policies.
The Southwest Florida Water Management District has filed its report as required by Section 403.507(1)(c), Florida Statutes, and does not object to certification, subject to the conditions of certification received into evidence at the hearing.
The Department of Community Affairs has filed its report in accordance with Section 403.507(1)(a), Florida Statutes, concluding that the proposed project is compatible with the State Comprehensive Plan.
The Public Service Commission has filed its report in accordance with Section 403.507(1)(b), Florida Statutes, concluding that a need exists for the cogeneration facility proposed by FCS.
The Department of Environmental Regulation has filed its report as required by Section 403.507(2), Florida Statutes, and has recommended certification subject to the conditions of certification attached hereto as Appendix I. The applicant FCS has accepted and agreed to be bound by these conditions of certification.
Adequate and sufficient notice of the site certification hearing has been given to all parties and the general public. A properly noticed land use hearing was held and the Siting Board entered an Order concluding that the proposed site is consistent and in compliance with existing land use plans and zoning ordinances.
CONCLUSIONS OF LAW.
While recognizing the need and demand for increased power generation facilities, it is the policy of this State to ensure that the location and operation of electrical power plants will produce minimal adverse effects on human health, the environment, the ecology of the land and state waters and their wildlife and aquatic life. Thus, the need and demand for electrical power is to be balanced with the broad interests of the public. This balancing requires a consideration of the provision of abundant, low-cost electrical energy, technically sufficient operational safeguards and the need versus environmental impacts resulting from construction and operation of the facility. Section 403.502, Florida Statutes.
All necessary and required governmental agencies were parties to this proceeding and all required reports, studies and comments were completed and presented to the Department of Environmental Regulation. As noted in the Findings of Fact, all such reports and comments were favorable to certification of the FCS proposed power plant construction and operation. The DER conducted the required studies and recommends certification subject to the conditions of certification attached as Appendix I, which conditions have been accepted by FCS.
The oral and documentary evidence adduced at the certification hearing demonstrate that the construction and operational safeguards for the proposed power plant are technically sufficient for the welfare and protection of the citizens of Florida. If performed in accordance with the recommended conditions of certification, the construction, operation and location of the proposed power plant 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. Certification is consistent with the premise of abundant, low-cost electrical energy and is a reasonable balance between those minimal environmental impacts which will occur and the recognized need for the proposed power plant.
Only one party to this proceeding, FM & M, contends that the construction and operation of the proposed power plant will not comply with applicable environmental regulations. FM & M is the owner of some 4,500 acres of land in the vicinity of the FCS proposed power plant site. FM & M is engaged in substantially the same industry as FCS and has an existing cement plant on its property. The emission limitations established as a result of this proceeding could well affect the concentration of pollutants on FM & M's property and FM & M's future ability to utilize a similar cogeneration process, receive full use of its property and be competitive in the cement industry. It is concluded that FM & M has a substantial interest in this certification proceeding and has standing to participate as a party. The same conclusion is reached with respect to Florida Rock Industries.
FM & M contends that the applicant has not employed the best available control technology for S02 emissions from its proposed facility. It is urged that a scrubber, or flue gas desulfurization process, should be utilized in lieu of the low sulfur coal/limestone injection process proposed by FCS. In
considering the BACT for a pollutant, energy impacts, environmental impacts, economic impacts and other costs are to be taken into account on a case-by-case basis. Rule 17-2.100(22), Florida Administrative Code. The evidence adduced in this proceeding demonstrates that the scrubber option requires substantial amounts of energy and that the applicant's proposed technology is the most energy efficient. While slightly lower S02 emission rates may be achieved through the use of a scrubber, significant environmental impacts upon groundwater and environmentally sensitive areas could result from the deposition of the waste sludge. The possibility of "acid rain" and mechanical breakdowns, nonexistent with the FCS proposed BACT for S02 emissions, also creates environmental hazards. The economic differences between the two control mechanisms are insignificant. These factors, along with the lack of evidence that the use of a scrubber at the FCS facility would result in any decrease in the effect of SO2 emissions on the Class I increment, lead to the conclusion that the low sulfur coal/limestone injection process constitutes the BACT for the S02 emissions from the proposed plant. FM & M failed to sufficiently demonstrate that further industrial development would be prohibited in the Hernando County area if certification is granted for the FCS proposal.
In its posthearing submissions, the Sierra Club proposed certain additional conditions of certification which would specify minimal percentages of useful thermal energy and minimal fuel efficiencies and maximum heat rates to be attained at the proposed facility. These matters were addressed in the Order entered by the Public Service Commission, but no further evidence was adduced at the certification hearing regarding these proposed conditions. There is thus insufficient evidence for this Hearing Officer to recommend further conditions of certification regarding useful thermal energy, minimum fuel efficiencies or maximum heat rates.
In summary, it is concluded that the construction and operation of the cogeneration facility at the proposed site will comply with all applicable statutes, rules, regulations and criteria of the State of Florida and is entitled to certification, with conditions, pursuant to Chapter 403, Florida Statutes.
RECOMMENDATION
Based upon the entire record of this proceeding and the above findings of fact and conclusions of law, IT IS RECOMMENDED THAT Florida Crushed Stone Company be granted certification for the location, construction and operation of the proposed cogeneration unit, the associated facilities and the directly associated transmission lines, as proposed in the amended application and the evidence in the record, subject to the conditions of certification attached to this Recommended Order as Appendix I.
Respectfully submitted and entered this 19th day of January, 1984, in Tallahassee, Florida.
DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 19th day of January, 1084.
COPIES FURNISHED:
Lawrence N. Curtin, Esquire John A. Radey, Esquire
Lawrence E. Sellers, Jr., Esquire Holland & Knight
P.O. Drawer BW Lakeland, Florida 33802
William W. Dean, Esquire John C. Bottcher, Esquire
Department of Environmental Regulation Twin Towers Building
2600 Blair Stone Road Tallahassee, Florida 32301
C. Laurence Keesey, Esquire Department of Community Affairs Howard Building
2572 Executive Center Circle Tallahassee, Florida 32301
J. Edward Curren Southwest Florida Water
Management District 2379 Broad Street
Brooksville, Florida 33512-9712
Lynne Capehart, Esquire Bradford Thomas, Esquire 16011 NW 35 Way
Gainesville, Florida 32605
Robert Bruce Snow, Esquire
P.O. Box 2060
Brooksville, Florida 33512
William H. Green, Esquire
P.O. Box 6526
Tallahassee, Florida 32301
John R. Lawson, Jr., Esquire Joseph A. McGlothin, Esquire
C. Thomas Davidson, Esquire Lawson, McWhirter & Grandoff
P.O. Box 3350
Tampa, Florida 33601
Bonnie E. Davis, Esquire Public Service Commission
101 E. Gaines Street Tallahassee, Florida 32301
L. M. Blain, Esquire
Thomas E. Cone, Jr., Esquire Blain & Cone, P.A.
P.O. Box 399
Tampa, Florida 33601
Gary P. Sams, Esquire Elizabeth C. Bowman, Esquire
Box 6526
Tallahassee, Florida 32301
Honorable Bob Graham Governor
State of Florida The Capitol
Tallahassee, Florida 32301
Honorable Doyle Conner Commissioner of Agriculture The Capitol
Tallahassee, Florida 32301
Honorable George Firestone Secretary of State
The Capitol
Tallahassee, Florida 32301
Honorable Gerald Lewis Comptroller, State of Florida The Capitol
Tallahassee, Florida 32301
Honorable Jim Smith Attorney General State of Florida The Capitol
Tallahassee, Florida 32301
Honorable Ralph Turlington Commissioner of Education The Capitol
Tallahassee, Florida 32301
Honorable Bill Gunter
State Treasurer and Insurance Commissioner
The Capitol
Tallahassee, Florida 32301
Hamilton S. Oven
Department of Environmental Regulation
Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32301
Appendix I
State of Florida Department of Environmental Regulation Florida Crushed Stone Company
PA 82-17
CONDITIONS OF CERTIFICATION
APPENDIX I
Page
Air 1
Emission Limitations 1
Air Monitoring Program 5
Stack Testing 6
Reporting 7
Coal Characteristics and Contracts 7
Coal Information 8
Water 8
Cooling System 8
Coal Pile Runoff and Leachate 9
Water Monitoring Programs 9
Emergency Shortages 14
Minimum Water Level Restrictions 14
Water Withdrawal Limits 14
Flow Measurement 15
Runoff 16
Water Sampling 16
Water Conservation 16
Groundwater Use 16
Monitoring Devices 17
Water Use Plan 17
Control Measures During Construction 17
Stormwater Runoff 17
Sanitary Wastes 18
Environmental Control Programs 18
Solid Wastes 18
Operation Safeguards 19
Screening 19
Transformer and Electric Switching Gear 19
Toxic, Deleterious or Hazardous Materials 19
Construction on Sovereignty Lands 19
Coal Pile 20
Floodproofing 20
Cooling Pond Perimeter Berms 20
Transmission Lines, Access Road and
Rail Spur 20
General 20
Other Construction Activities 21
Maintenance 22
Archaeological Sites 23
Road Crossing 23
Emergency Reporting 23
Final Right-of-Way Location 24
Compliance 24
Construction Plans 24
Chane in Discharge 25
Non-Compliance Notification 25
Facilities Operation 26
Adverse Impact 26
Entry 26
Revocation or Suspension 27
Civil and Criminal Liability 27
Property Rights 27
Severability 28
Definitions 28
Review of Site Certification 28
Modification of Conditions 29
Effect of Certification 30
Noise 30
State of Florida Department of Environmental Regulation Florida Crushed Stone Company
Case No. PA 82-17
CONDITIONS OF CERTIFICATION
Air
The construction and operation of the Florida Crushed Stone Company (FCS) Steam electric Power plant Site shall be in accordance with all applicable provisions of Chapter5 17-2, 17-5 and 17-7, Florida Administrative Code (FAC). In addition to the foregoing, the permittee shall comply with the following specific conditions of certification:
Emission Limitations
Stack emissions from the power plant boiler only shall not exceed the following Site specific limitations when burning coal:
SO2 - 1.2 lb. per million Btu heat input, maximum two hour average, and 915 lb. per hour,
0.9 lb. per million Btu heat input maximum three hour average.
NOx - O.7 lb. per million Btu heat input, averaging time per Rule 17-2.700, FAC.
Particulates - 0.03 lb. per million Btu heat input, averaging time per Rule 17-2.700, FAC.
Visible emissions - 20 percent opacity, 6-minute average, except for one 6-minute period per hour of not more than 27 percent opacity.
Stack emissions from the combined cement plant and power plant boiler shall not exceed the following site specific limits:
SO2 - 1.2 lb. per million Btu heat input, maximum two hour average, and 965 lb per hour,
0.74 lb./10 6 Btu heat input maximum three-hour average.
NOx - 0.7 lb. per million Btu heat input plus 2.9 lb. per ton of kiln feed (dry basis), averaging time per Rule 17-2.700, FAC.
Particulates - 0.03 lb. per million Btu heat input plus 0.3 lb. from the cement kiln and
oil lb. per ton from the clinker cooler per ton of kiln feed (dry basis), averaging time per Rule 17-2.700, FAC.
Visible emissions - 10 percent opacity, 6-minute average, except for one 6-minute period per hour of not more than 27 percent opacity.
When the power plant boiler is operating alone and the cement plant is not in operation, the maximum heat input rate of the boiler shall not exceed the site specific limit of 1,000 million Btu per hour, maximum three-hour average.
Particulate and SO2 emissions from the boiler, coal and fly ash handling facilities.
All conveyors and conveyor transfer points will be enclosed to preclude particulate emissions (except those directly associated with the coal stacker/reclaimer or emergency stockout stacker/reclaimer or emergency stockout).
Inactive coal storage piles will be shaped, compacted and oriented to minimize wind erosion.
Water sprays or chemical wetting agents and stabilizers will be applied to storage piles, handling equipment, etc. during dry periods and as necessary to all facilities to maintain an opacity of less than or equal to 5 percent, except when adding, moving or removing coal from the coal pile, during which the opacity shall be no more than 20 percent.
The fly ash handling system (including transfer and silo storage) will be totally enclosed and vented (including pneumatic system exhaust) through fabric filters; and
The permittee must submit to the Department within thirty (30) days after it becomes available a copy of the technical data pertaining to the selected particulate and SO2
emissions control for the boiler, coal, and fly ash handling facilities. These data should
include, but not be limited to, projected or guaranteed efficiency and emission rates, and major design parameters such as injection rates, injection points, air/cloth ratio and flow rate. The Department may, upon review of these data, disapprove the use of any such device if the Department determines the selected control device to be inadequate to meet the emission limits specified in Condition
Such disapproval shall be issued within
30 days of receipt of the technical data.
Particulate emissions from bag filter exhausts from the coal and fly ash handling systems (excluding those facilities covered by Condition I.A.4.c. above) shall be limited to 0.02 gr/acf. A visible emission reading of 5 percent opacity or less may be used to establish compliance with this emission limit. A visible emission reading greater than 5 percent opacity will not create a presumption that the 0.02 gr/acf emission limit is being violated. However, a visible emission reading greater than 5 percent opacity will require the permittee to perform a stack test, as set forth in Condition I.C.
Compliance with opacity limits of the facilities listed in Condition
I.A.5. will be determined by EPA reference method 9 (Appendix A, 40 CFR 60).
Construction shall reasonably conform to the plans and schedule given in the application.
The permittee shall report any delays in construction and completion of the project which would delay commercial operation by more than 90 days to the Department's Southwest District Office in Tampa.
Reasonable precautions to prevent fugitive particulate emissions during construction and operation, such as coating or paving of roads and construction sites, wetting roads, and regrassing or watering areas of disturbed soils and storage areas will be taken by the permittee.
Any fuel oil to be fired in the unit shall be "new oil", which means an oil which has been refined from crude oil and has not been used. The quality of the fuel oil used by the boiler shall not cause the allowable emission limits listed in the table below to be exceeded. Such emissions may be calculated in accordance with AP-42, third edition.
Allowable Emission Limits
Pollutant lb/MMBtu
PM 0.015
S02 0.31
NOx 0.16
Visible emissions Maximum 20 percent Opacity
Samples of all fuel oil and coal fired in the boilers shall be taken and an ultimate analysis obtained including the heating value on a moisture free basis. Accordingly, samples shall be taken of each fuel shipment received.
Coal sulfur content shall be determined and recorded on a daily basis to demonstrate compliance with the SO2 emission limits in Conditions I.A.1.a and
I.A.2.a. Records of all the analyses shall be kept for public inspection for a minimum of two years after the data are recorded.
The height of the boiler exhaust stack for the plant shall not be less than 320 ft. above grade.
In accordance with Rules 17-2.250(1) and (6), excess emissions resulting from startup, shutdown or malfunction of any source shall be permitted providing (1) best operational practices to minimize emissions are adhered to and (2) the duration of excess emissions shall be minimized but in no case exceed two hours in any 24-hour period unless specifically authorized by the Department for longer duration. In case of excess emissions resulting from malfunctions, the permittee shall notify the Department in accordance with Rule 17-4.13, Florida Administrative Code. A full written report on the malfunctions shall be submitted in a quarterly report, if requested by the Department.
Air Monitoring Program
A flue gas oxygen meter shall be installed for the unit to continuously monitor a representative sample of the flue gas. The oxygen monitor shall be used with automatic feedback or manual controls to continuously maintain air/fuel ratio parameters at an optimum. Performance tests shall be conducted and operating procedures established. The document "Use of Flue Gas Oxygen Meter as BACT for Combustion Controls" may be used as a guide. The permittee shall install and operate continuous monitoring devices for the boiler/cement plant exhaust for sulfur dioxide and opacity to demonstrate compliance with the pound-per-hour SO2 emission limits and visible emission limits, respectively, in Conditions I.A.1.a. and I.A.2.a. The monitoring devices shall meet the applicable requirements of Section 17-2.710, FAC, and 40 CFR 60.45, and 40 CFR
60.13. including certification of each device. The permittee will provide the department with 30 days notice on each certification.
The permittee shall operate two ambient monitoring devices for suspended particulates in accordance with DER quality assurance procedures and EPA reference methods in 40 CFR 53. The monitoring devices shall be operated at a location approved by the Department. The frequency of operation of the particulate monitors shall be every six days commencing as specified by the Department. In addition, the permittee shall operate a meteorological station, which includes wind measuring equipment, at a location approved by the Department. These data will be reported with the ambient data.
The permittee shall maintain a daily log off the amounts and types of fuel used and copies of the ultimate fuel analyses containing the heating value on a moisture free basis. These logs shall be kept for at least two years.
The permittee shall provide stack sampling facilities as required by Rule 17-2.700(4), FAC.
The ambient monitoring program shall begin at least one year prior to initial start up of the boiler and shall continue for at least one year of commercial operation. The Department and the permittee shall review the results of the monitoring program annually and determine the necessity for the continuation of or modifications to the monitoring program
Prior to operation of the source, the permittee shall submit to the Department a plan or procedure that will allow the permittee to monitor emission
control equipment efficiency and enable the permittee to return malfunctioning equipment to proper operation as expeditiously as possible.
Stack Testing
Within 60 calendar days after achieving the maximum capacity at which each unit will be operated (but no later than 180 operating days after initial startup) and annually thereafter, the permittee shall conduct performance tests for particulates SO2, NOx, and visible emissions during normal operations near (+3 percent) 1,234 million Btu per hour heat input when the power plant and cement plant are operating in combination, and 1,000 million Btu per hour when the power plant is operating alone, and visible emission tests on all coal handling and fly ash baghouses. The Department shall be furnished a written report of the results of such performance tests within 45 days of completion of the tests. The performance tests will be conducted in accordance with the provisions of 40 CFR 60.46.
Performance tests shall be conducted and data reduced in accordance with methods and procedures outlined in Rule 17-2.700, FAC.
Performance tests shall be conducted under such conditions as the Department shall specify based on representative performance of the facility. The permittee shall make available to the Department such records as may be necessary to determine the conditions of the performance tests.
The permittee shall provide 30 days notice of the performance tests or
10 working days for stack tests in order to afford the Department the opportunity to have an observer present.
Stack tests for particulates, NOx, and SO2 and visible emissions tests shall be performed annually from the date of the first performance test(s) in accordance with Conditions C.2, 3, and 4 above.
Reporting
Stack monitoring, fuel usage and fuel analysis data shall be reported to the Department's Southwest District Office and to the Hernando County Health Department on a quarterly basis commencing with the start of commercial operation in accordance with 40 CFR 60.7 and Rule 17-2.710, FAC.
Utilizing the SAROAD or other format approved in writing by the Department, ambient air monitoring data shall be reported the Bureau of Air Quality Management of the Department quarterly. Commencing on the date of certification, such reports shall be due within 45 days following the quarterly reporting period. Reports shall be in conformance with 40 CFR, Parts 53 and 58.
Beginning one month after certification, the permittee shall submit to the Department a monthly status report briefly outlining progress made on engineering design and purchase of major pieces of air pollution control equipment. All reports and information required to be submitted under this condition shall be submitted to the Administrator of Power Plant Siting, Department of Environmental Regulation, 2600 Blair Stone Road, Tallahassee, Florida, 32301.
Coal Characteristics and Contracts
Before approval can be granted by the Department for use of control devices, characteristics of the coal to be fired must be known. Therefore, before these approvals are granted, the permittee must submit to the Department copies of coal contracts which should include the expected sulfur content, ash content, and heat content of the coal to be fired. These data will be used by the Department in its evaluation of the adequacy of the control devices. Also, the permittee must demonstrate the ability to acquire a low sulfur coal supply of sufficient length to enable the installation of Sulfur removal equipment if the supplies of low sulfur coal should not become available or be discontinued. Therefore, the coal contracts must be for a period of at least five (5) years from the date of start-up of the boiler.
Coal Information
As an alternative to the submittal of contracts for purchase of coal under Condition E above, the permittee may submit the following information:
The name of the coal supplier;
The sulfur content, ash content, and heat content of the coal as specified in the purchase contracts;
The location of the coal deposits covered by the contract (including mine name and seam)
The date by which the first delivery of coal will be made;
The duration of the contract; and
An opinion of counsel for the permittee that the contracts are legally binding.
Water
Cooling System
The amount of groundwater used as makeup to the cooling system shall not exceed the following site specific standard of 30.3 MGD on a daily maximum or
14.83 MGD on an annual average.
Coal Pile Runoff and Leachate
Coal pile runoff and leachate from less than the 10-year 24-hour rainfall event shall be collected in lined ditches and treated in a lined treatment facility prior to discharge to the tailings pond.
Water Monitoring Programs
The permittee shall monitor and report to the Department or Water Management District the listed parameters on the basis specified herein. The methods and procedures utilized shall receive written approval by the Department. The monitoring program may be reviewed annually by the Department, and a determination may be made as to the necessity and extent of continuation and may be modified in accordance with condition No. XXV.
Groundwater Monitoring
The groundwater levels shall be monitored continuously in wells as approved by Southwest Florida Water Management District. Chemical analyses shall be made on samples from all monitored wells identified in Conditions II.C.3. below. The location, frequency and selected chemical analyses shall be as given in
Condition II.C.3.
The groundwater monitoring program shall be implemented at least one year prior to operation of the power plant. The chemical analyses shall be in accord with the latest edition of Standard Methods for the Analysis of Water and Wastewater. The data shall be
submitted within 30 days of collection/analysis to the Southwest Florida Water Management District and to the DER Southwest District Office.
Conductivity and heavy metals shall be monitored in wells around the coal pile, coal pile runoff sump, landfill and cooling pond.
Leachate
Compliance
Leachate from the coal storage pile, coal pile runoff collection sump, ash disposal, and ditches shall not contaminate waters of the State (including both surface and groundwaters)
in excess of the limitations of Chapter 17-3, FAC.
Monitoring
A monitoring well system shall be used, commencing one year prior to operation to determine whether or not leachate from the coal pile runoff collection sump, canals, ditches, ash disposal and coal pile is contaminating the groundwater in violation of Chapter 17-3. The permittee shall keep a monthly record of the monitoring results and shall notify the Southwest District Office of the Department and the Southwest Florida Water Management District when said measurements exceed water-quality standards. A quarterly summary of the results of monitoring shall be provided to the Department and SWFWMD using Form 17-1.216(2). The proposed monitoring well system shall be submitted to the Department for approval prior to installation.
Corrective Action
When the leachate monitoring system indicates to the Department violation of the groundwater quality standards of Chapter 17-3, FAC, the appropriate ditches, treatment system sump, landfill or coal pile shall be sealed, relocated or closed or the operation of the affected facility shall be altered in such a manner as to assure the Department that no significant contamination of the groundwater will occur.
Zone of Discharge
Leachate from the coal storage pile, wastewater ponds, landfill or coal pile runoff collection sump shall not contaminate waters of the State (including both surface and groundwaters) in excess of the limitations of Chapter 17-3, FAC, beyond the boundary of separate and individual zones of discharge extending 50 feet below the ground surface and
100 feet from the edge of each individual pile or pond.
Shallow Aquifer Monitoring Wells
After consultation with the DER and SWFWMD, FCS shall install a monitoring well network to adequately monitor groundwater quality horizontally and vertically in the surficial and Floridan aquifers. Groundwater levels and flow directions will be determined twice a year (May and September) at the site through the preparation of seasonal piezometric contour maps. From these maps, the water quality monitoring well network will be located. Monitoring well locations and designs shall be submitted to the Department and SWFWMD for review and approval. Approval or disapproval of the locations and design shall be granted within 60 days. Monitoring wells of adequate design and number shall be installed upgradient and downgradient from each liquid waste sump and each coal pile storage area. Two additional monitoring wells will be placed immediately downgradient of the cooling pond. The water samples collected from each of the monitor wells shall be collected immediately after removal by pumping of a quantity of water equal to two casing volumes. The water quality analyses shall be performed monthly during the year prior to commercial operation and quarterly thereafter. Results shall be submitted to the Department and the SWFWMD by the tenth (10th) day of the month following the month during which such analyses were performed. The analysis shall follow the methods set forth in the current edition of Standard Methods for the Examination of Water and Wastewater by APHA- AWWA-WPCF or Methods for Chemical Analysis of Water and Wastes by the U.S. Environmental Protection Agency, with the methods used being specified. Results shall be submitted on the tenth day of the following month. Background water quality data shall be provided with data collected and submitted a minimum of twelve months prior to start-up of the power plant. The District may require further water quality testing if the pH levels decline significantly from ambient (baseline) as established during the pre-operational study period.
Testing for the following constituents is required:
TDS Zinc
Conductance Copper
pH Nickel
Sulfate Selenium
Chloride Chromium
Iron Arsenic
Aluminum Beryllium
Cadmium Mercury
Silver Lead
Manganese Gross Alpha, Ra226 Ra226
Barium (when Gross Alpha
Sodium activity exceeds
Fluorine 15 pCi/l)
Flow Monitoring
An automated flow measurement device shall be installed on the Emergency Relief Spillway for the cooling pond, with data collected and measured in gallons per day and submitted monthly. Automated flow measurement devices shall be installed at all points of inflow to the impoundments with data collected and measurement in gallons per day and submitted monthly.
Pond Level
A staff gauge shall be installed at or in the cooling pond, surveyed and referenced to NGVD, with water levels collected weekly and submitted monthly.
Pond Quality
As a measure to protect groundwater quality: water quality sampling for pH and suspended solids to be collected on a monthly basis from a single site in the cooling pond near the emergency spillway within three (3) feet from the bottom of the pond. Background water quality data shall be provided, with data collected and submitted a minimum of 12 months prior to start-up of the power plant. The analysis shall follow the methods set forth in the current edition of Standard Methods for the Examination of Water and Wastewater by APHA-AWWA- WPCF or Methods for Chemical Analysis of Water and Wastes by the U.S. Environmental Protection Agency, with the methods used being specified. Results shall be submitted on the tenth day of the following month. The District may require further water quality testing if the pH within the cooling pond falls below pH 6.3 for two consecutive months. Any additional water quality analyses required by the Department of Environmental Regulation shall be submitted to the District.
Coal Pile Runoff Sump Liner
The proposed liner for the coal pile sump will be verified to be resistant to the periodic inflows of low pH water that contact it. The chemical and physical characteristics of the proposed liner shall be submitted to the department for approval at least 60 days prior to installation of the liner.
Impoundment Dam Construction
Any modifications to existing impoundments or construction of new impoundments must, as a minimum, be designed, constructed, and operated to Chapter 17-9, Florida Administrative Code. Before any construction is initiated
on impoundments, SWFWMD must review and approve all design plans and parameters relating to embankment construction and water control structures.
Dam Inspection
Employees of SWFWMD shall have the right to inspect dam embankments and structures at any reasonable time.
Cooling Pond System
The SWFWMD will be supplied with an operation and maintenance schedule, which will outline how the water enters, is routed within, and leaves the cooling pond system, under normal and emergency situations. Also an inspection and monitoring program shall be included.
Dam Inspection Report
An annual inspection report, pertaining to the condition of the impoundments will be submitted by an engineer registered in the State of Florida, who is experienced in the field of construction and maintenance of dams.
Emergency Shortages
In the event an emergency water shortage should be declared pursuant to Section 373.175 or 373.246, F.S., by Southwest Florida Water Management District for an area including the location of the FCS withdrawal points, the Department pursuant to Section 403.516, F.S, may alter, modify, or declare to be inactive, all or parts of Condition II.A. An authorized Water Management District representative, at any reasonable time, may enter the property to inspect the facilities.
Minimum Water Level Restrictions
The Department and SWFWMD may, at a future date pursuant to Section 403.516, F.S. establish a minimum water level in the aquifer or aquifers hydrologically associated with these withdrawals, which may require FCS to reduce or cease withdrawal from these groundwater sources at times when water levels fall below these minimums.
Water Withdrawal Limits
Florid a Crushed Stone is authorized to make a combined average annual withdrawal of 14,902,000 gallons of water per day with a maximum combined withdrawal rate not to exceed 33,500,000 during a single day. Withdrawals are authorized as shown in the table below.
WELL I.D. | WITHDRAWAL POINT LATITUDE LONGITUDE | GALLONS PER DAY AVERAGE | GALLONS PER DAY MAXIMUM | |
1 | 28 35 29 | 82 26 01 | 630,000 | 1,080,000 |
4 | 28 35 25 | 82 26 15 | 1,260,000 | 2,160,000 |
5 | 28 35 25 | 82 26 15 | 2,310,000 | 4,320,000 |
6 | 28 35 25 | 82 26 15 | 2,730,000 | 5,040,000 |
7 | 28 35 25 | 82 26 15 | 840,000 | 1,728,000 |
8 | 28 35 51 | 82 26 29 | 4,620,000 | 8,352,000 |
9 | 28 35 51 | 82 26 29 | 3,990,000 | 7,200,000 |
10 | 28 35 51 | 82 26 29 | 840,000 | 1,728,000 |
11 | 28 35 14 | 82 26 37 | 1,890 000 | 2,952,000 |
Combined Totals 14,902,000 33,500,000
Flow Measurement
Florida Crushed Stone shall maintain and operate flow measuring devices as approved in writing by the Director of the SWFWMD Resource Regulation Department on all groundwater withdrawal points listed in condition II.T. Such devices shall have and maintain an accuracy within five percent of the actual flow under installed conditions. Total flow from each designated withdrawal point shall be recorded on a monthly basis and reported, on forms furnished, to the SWFWMD by the tenth day of the following month.
Reports shall be addressed to: Processing and Records Section
Southwest Florida Water Management District
2379 Broad Street
Brooksville, Florida 33512
Runoff
There shall be no runoff from Florida Crushed Stones property as a result of the withdrawals permitted.
Water Sampling
The District reserves the right, at all reasonable times, to collect water samples for analysis. The District may, upon prior notice, collect water samples from any or all withdrawal points listed, or may, at the option of the District provide mailable containers to Florida Crushed Stone, and require Florida Crushed Stone to forward samples from any or all withdraw points within a reasonable period of time prescribed.
Water Conservation
Water conservation shall be practiced by Florida Crushed Stone to increase the efficiency of transport, application, and use, to decrease waste and to minimize runoff from the site. At such time as the SWFWMD adopts specific conservation criteria, Florida Crushed Stone will be subject to such criteria upon notice and after a reasonable period for compliance.
Groundwater Use
The use of groundwater herein authorized for power plant use is a modification of use of currently authorized quantities in conjunction with existing mining operations at the Florida Crushed Stone Brooksville Mine permitted under Consumptive Use Permit No 200215, and is not to be construed as the grant of new or increased use of groundwater. Florida Crushed Stone shall modify Consumptive Use Permit No. 200215 prior to power plant start-up to reduce the total withdrawal of groundwater in connection with all other activities on its properties at this mine by the amount herein authorized for power plant use. Jurisdiction to regulate groundwater and surface water withdrawals for use for all purposes except power plant use at Florida Crushed Stone Brooksville Mine is specifically reserved to the SWFWMD.
Monitoring Devices
All measuring or monitoring devices required by any condition herein shall be installed, and all required data collection, and reporting shall commence no later than power plant start-up, unless otherwise provided.
Water Use Plan
Florida Crushed Stone shall make maximum utilization of recirculated water from its cooling pond/impoundment up to the combined total of 144 mgd of cooling pond water and groundwater as shown in its Water Use Plan (Figure 3.3-1) as shown on page 7 of Exhibit 1 attached. Water withdrawals at the site shall be used in accordance with such Water Use Plan, including recirculation and reuse of cooling pond water.
Control Measures During Construction
Stormwater Runoff
During construction and plant operation, necessary measures shall be used to settle, filter, treat or absorb silt containing or pollutant laden stormwater runoff to limit the suspended solids to 50 mg/l or less at the POD during rainfall periods legs than the 10 year, 24-hour rainfall, and to prevent an increase in turbidity to more than 50 Jackson Turbidity Units above background in waters of the State.
Control measures shall consist at the minimum of filters, sediment traps, barriers, berms or vegetative planting. Exposed or disturbed soil shall be protected as soon as possible to minimize silt and sediment laden runoff. The pH shall be kept within the range of 6.0 to 8.5.
Sanitary Wastes
Disposal of sanitary wastes from construction toilet facilities shall be in accordance with applicable regulations of the Department and appropriate local health agency.
Environmental Control Programs
An environmental control program shall be established under the supervision of a qualified person to assure that all construction activities conform to good environmental practices and the applicable conditions of certification.
The permittee shall notify the Department if unexpected harmful effects or evidence of irreversible environmental damage are detected during construction, shall immediately cease work and shall provide an analysis of the problem and a plan to eliminate or significantly reduce the harmful effects or damage and to prevent recurrence.
Solid Wastes
Solid wastes resulting from construction or operation shall be disposed of in accordance with the applicable regulations of Chapter 17-7, FAC. Chemical Wastes collected from the coal pile runoff sump and water treatment facility shall be disposed of in a landfill with an impervious liner. The plans and specifications for the chemical wastes landfill shall be submitted to the
Southwest Florida District Office for review and approval 90 days prior to construction of that landfill.
Open burning in connection with land clearing shall be in accordance with Chapter i75, FAC. No additional permits shall be required, but the Division of Forestry shall be notified prior to burning. Open burning shall not occur if the Division of Forestry has issued a ban on burning due to fire hazard conditions.
Power plant ash shall be contained or stored in facilities designed to prevent infiltration and exfiltration of water. No landfilling of ash may occur without approval of the department.
Operation Safeguards
The overall design, layout, and operation of the facilities shall be such as to minimize hazards to humans and the environment. Security control measures shall be utilized to prevent exposure of the public to hazardous conditions.
Screening
The permittee shall provide screening of the site through the use of aesthetically acceptable structures, vegetated earthen walls and/or existing or planted vegetation.
Transformer and Electric Switching Gear
The foundations for transformers, capacitors, and switching gear necessary for connecting the FCS facility to the existing distribution system shall be constructed of an impervious material and shall be constructed in such a manner to allow complete collection and recovery of any spills or leakage of oily, toxic, or hazardous substances
Toxic, Deleterious, or Hazardous Materials
The spill of any toxic, deleterious, or hazardous materials shall be reported in the manner Specified by Condition XIII.
Construction on Sovereignty Lands
No construction on sovereignty lands shall commence without obtaining lease or title from the Department of Natural Resources.
Coal Pile
An acid resistant, impermeable liner shall be placed underneath the coal pile and collection ditches. An impermeable liner shall not have a permeability greater than 1x10-7 cm/sec.
Floodproofing
The power generation equipment and other facilities vital to the operation of the plant shall be constructed in such a manner that water elevations at the
100 year flood will not cause damage to the equipment or necessitate plant shutdown.
Cooling Pond Perimeter Berms
Construction of cooling pond perimeter berms shall be in conformance with the provisions of Chapter 17-9, FAC, regarding earthen dams and shall be inspected regularly as required by Chapter 17-9, FAC, and annually by a licensed engineer.
Transmission Lines, Access Road and Rail Spur
General
Filling and construction in waters of the State shall be minimized to the extent practicable. No such activities shall take place without obtaining lease or title from the Department of Natural Resources and/or TIITF where required. Construction and access roads should avoid wetlands and be located in surrounding uplands.
Placement of fill in wetland areas shall be minimized by spanning such areas with the maximum span practicable. Borrow pits shall not be located in waters of the State.
The Department may determine that any fill required in Wetlands for construction but not required for maintenance purposes shall be removed and the ground restored to its original contours after transmission line, roadway or rail spur placement. Placement and removal of any such temporary fill shall be coordinated with the DER District Office.
Where fill in Wetlands is necessary for access, keyhole fills from upland areas should be oriented as nearly parallel to surface water flow lines as possible.
Sufficient size and number of culverts or other structures shall be placed through fill causeways to maintain substantially unimpaired sheet flow.
Turbidity control measures, including but not limited to hay bales, turbidity curtains, sodding mulching, and seeding shall be employed to prevent violation of water quality standards.
The Rights-of-Way shall be located so as to minimize impacts, such as the removal of vegetation, in or on stream beds, to the extent practicable. For transmission lines, within 25 feet of the banks of any streams, rivers or lakes, vegetation shall be left undisturbed, except for selective topping of trees or removal of trees which topping would kill. For transmission lines, if it is necessary to remove such trees within 25 feet of the banks of streams, rivers or lakes, the root mat shall be left undisturbed.
Any necessary water quality certifications which must be made to the Corps of Engineers shall be made at the time of a finding of compliance for specific work at specific locations.
Construction activities should proceed as much as practicable during the dry season.
Other Construction Activities
Maintenance roads under control of the permittee shall be planted with native species to prevent erosion and subsequent water quality degradation where drainage from such roads would impact water of the State significantly.
Good environmental practices such as described in Environmental Criteria for Electric Transmission Systems as published by the U.S. Department of Interior and the U.S. Department of Agriculture shall be followed to the extent practicable.
Compliance with the most recent version of the National Electric Safety Code adopted by the Public Service Commission is required.
Fences that run parallel to the transmission line and may become conductive shall be grounded at appropriate intervals; fences running perpendicular to the line shall be grounded at the edge of the right-of-way.
Field reconnaissance of rare and endangered species shall be performed in order to minimize impacts on these species.
Open burning in connection with land clearing shall be in accordance with the applicable rules of the Department of Agriculture and Consumer Services. No additional permits shall be required, but the Division of Forestry shall be notified prior to burning. Open burning shall not occur if the Division of Forestry has issued a ban on burning due to fire hazard conditions.
Maintenance
Vegetative clearing operations for maintenance purposes to be carried out within the corridor shall follow the general standards for clearing a right- of-way for overhead transmission lines as referenced in Sections XIII.A.7. and
XIII.B.2. Selective clearing of vegetation is preferred over clearing and grubbing or clear cutting.
If chemicals or herbicides are to be used for vegetation control, the name, type, proposed use, locations, and manner of application shall be provided to the Department prior to their application for assessment of compliance with applicable regulations.
Archaeological Sites
Any archaeological sites discovered during construction of the transmission lines, access roads or rail spurs shall be disturbed as little as possible and such discovery shall be communicated to the Department of State, Division of Archives, History and Records Management (DAHRM). Potentially affected areas will be surveyed, and if a significant site is located, the site shall be avoided, protected, or excavated as directed by DAHRM.
Road Crossing
For all locations where the transmission line or the rail spur will cross state highways, the applicant will submit materials pursuant to the Department of Transportation's (DOT) "Utility Accommodation Guide" to DOT's district office for review and approval. All applicable regulations pertaining to roadway crossings by rail or transmission lines shall be complied with. Crossing of county roads shall be coordinated with the County Engineer.
Emergency Reporting
Emergency replacement of a previously constructed right-of-way or transmission lines shall not be considered a modification pursuant to Section 403.516, F.S. A verbal report of the emergency shall be made to the Department as soon as possible. Within fourteen (14) calendar days after correction of the emergency, a report to the Department shall be made outlining the details of the emergency and the steps taken for its temporary relief. The report shall be a written description of all work performed and shall set forth any pollution control measures or mitigative measures which were utilized or are being utilized to prevent pollution of waters, harm to sensitive areas or alteration of archaeological or historical resources.
Final Right-of-Way Location
A map of 1:24,000 scale showing final location of the right-of-way shall be submitted to the Department upon completion of acquisition.
Compliance
Construction and maintenance shall comply with the applicable rules and regulations of the Department and those agencies specified in 17-17.54(2)(a) and (b), FAC.
Construction Plans
All proposed transmission line ROW areas, plant access roads and railroad lines which are designed to traverse a stream, lake, pond, canal, swamp, marsh or other natural or artificial system which functions to store or convey water and would require a permit under Chapter 40C-4 or 40C-6, FAC, shall have said design plans and specifications reviewed by the SWFWMD or SFWMD staff. The staff shall determine if such plans are consistent with the Site Certification Application, the Recommended Conditions of Certification and applicable District rules. To determine such consistency, information to include but not be limited to the following items shall be submitted to the District 60 days prior to construction:
A centerline profile of existing topographic features along proposed access road(s).
Preliminary design of proposed access road(s) with elevations marked.
Typical cross-section of access road(s).
Cross-section of each stream or creek at those points to be crossed by access road(s) or other facilities.
Specifications showing size and type of water control structure (pipe, culvert, etc.) to be placed within or on waters of the District, with proposed flowline elevations marked.
Specifications showing design capacity of all water control structures to be employed.
Specifications showing location and type of each transmission tower and access road(s) to be constructed within or on the waters of the District.
Computer rates of flow for streams or water courses before and after construction during a one hundred (100) year flood.
Any other information needed by FCS to show compliance with standards in Rule 40C-4 and 40C-6, FAC.
Change in Discharge
All discharges or emissions authorized herein shall be consistent with the terms and conditions of this certification. The discharge of any pollutant identified in the application more frequently than, or at a level in excess of, that authorized herein shall constitute a violation of the certification. Any anticipated facility expansions, production increases, or process modification which will result in new, different or increased discharges or expansion in steam generating capacity will require a submission of a new or supplemental application pursuant to Chapter 403, F.S.
Non-Compliance Notification
If, for any reason, the permittee does not comply with or will be unable to comply with any limitation specified in this certification, the permitted shall notify the manager of DER's SWFWMD office by telephone during the working day in which the permittee becomes aware of said non-compliance and shall confirm this situation in writing within seventy-two hours supplying the following information:
A description and cause of non-compliance; and
The period of non-compliance, including exact dates and times; or, if not corrected, the anticipated time the non-compliance is expected to continue and steps being taken to reduce, eliminate and prevent recurrence of the non- complying event.
Facilities Operation
The permittee shall at all times maintain in good working order and operate at the efficiencies set forth in the design criteria and as necessary to meet emission limitations all treatment or control facilities or systems installed or used by the applicant to achieve compliance with the terms and conditions of this certification. Such systems are not to be bypassed without prior Department approval.
Adverse Impact
The permittee shall take all reasonable steps to minimize any adverse impacts resulting from non-compliance with any limitation specified in this certification, including, but not limited to, such accelerated or additional monitoring as necessary to determine the nature and impact of the non-complying event.
Right of Entry
The permittee shall allow the Secretary of the Florida Department of Environmental Regulation and/or authorized representatives, upon the presentation of credentials:
To enter upon the permittee's premises where an effluent source is located or in which records are required to be kept under the terms and conditions of this permit; and
To have access to and to make Copies of all records required to be kept under the conditions of this certification; and
To inspect and test any monitoring equipment or monitoring method required in this certification and to sample any discharge or pollutants; and
To assess any damage to the environment or violation of ambient standards.
Revocation or Suspension
This certification may be suspended or revoked pursuant to section 403.512, F.S., or for violations of any Condition of Certification.
Civil and Criminal Liability
This certification does not relieve the permittee from civil or criminal responsibility or liability for non-compliance with any conditions of this Certification, applicable rules or regulations of the Department, or Chapter 403, F.S., or regulations thereunder.
Subject to Section 403.511, F.S., this certification shall not preclude the institution of any legal action or relieve the permittee from any responsibilities or penalties established pursuant to any other applicable state statutes or regulations.
Property Rights
The issuance of this certification does not convey any property rights in either real or personal property, tangible or intangible, nor any exclusive privileges, nor does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. The applicant will obtain title, lease or right of use to any sovereign submerged lands occupied by the plant, transmission line structures or appurtenant facilities from the State of Florida.
Severability
The provisions of this certification are severable, and, if any provision of this certification or the application of any provision of this certification to any circumstances is held invalid, the application of such provision to other circumstances and the remainder of the certification shall not be affected thereby.
Definitions
The meaning of terms used herein shall be governed by the definitions contained in Chapter 403., F.S., and any regulation adopted pursuant thereto. In the event of any dispute over the meaning of a term used in these general or special conditions which is not defined in such statutes or regulations, such dispute shall be resolved by reference to the most relevant definitions contained in any other state or federal statute or regulation or, in the
alternative, by the use of the commonly accepted meaning as determined by the Department.
Review of Site Certification
The certification shall be final unless revised, revoked or suspended pursuant to law. At least every five years from the date of issuance of this certification, the Department shall review all monitoring data that has been submitted to it during the preceding five-year period for the purpose of determining the extent of the permittee's compliance with the conditions of this certification of the environmental impact of this facility. The Department shall submit results of its review and recommendations to the permittee. Such review will be repeated at least every five years thereafter.
Modification of Conditions
The conditions of this certification may be modified in the following manner:
The board pursuant to 403.516(1), F.S., hereby delegates to the Secretary the authority to modify, after notice and opportunity for hearing, any conditions pertaining to consumptive use of water, monitoring of air or water, sampling, groundwater, mixing zones, zones of discharge, leachate control programs, effluent or emission limitations and transmission line construction.
All other modifications shall be made in accordance with Sections 403.516, F.S.
Effect of Certification
Certification and conditions of certification are predicated upon design and performance criteria indicated in the application. Thus, conformance to those criteria, unless specifically amended, modified, or as the Department and parties are otherwise notified, is binding upon the applicant in the preparation, construction, and maintenance of the certified project. In those instances where a conflict occurs between the application's design criteria and the conditions of certification, the conditions shall prevail.
Noise
To mitigate the effects of noise produced by the steam blowout of steam boiler tubes, FCS shall conduct public awareness campaigns prior to such activities to forewarn the public of the estimated time and duration of the noise.
| Issue Date | Proceedings |
|---|---|
| Nov. 01, 1991 | Final Order filed. |
| Feb. 10, 1983 | Recommended Order sent out. CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Mar. 15, 1983 | Agency Final Order | |
| Feb. 10, 1983 | Recommended Order | Authorize Petitioner's application as consistent with area zoning and land use plans. |
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT vs EDWARD TANNER, 82-002835 (1982)
S. A. WILLIAMS CORPORATION vs SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, 82-002835 (1982)
JAMES ADLEY vs ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND FRANCES MORRO, 82-002835 (1982)
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT vs WILLIAM D. GOING, 82-002835 (1982)
RANGER CONSTRUCTION INDUSTRIES, INC. vs. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, 82-002835 (1982)
