The Issue The issue is whether Respondent Department of Environmental Protection (DEP) may issue to Respondent Republic Services of Florida, L.P. (Republic), permits to construct and operate a Class III landfill, pursuant to Permit Numbers 266830-003-SC/01 and 266830-004-SO/01, as modified as set forth below.
Findings Of Fact Background On June 30, 2009, Republic filed with DEP an application for a permit to construct and operate a Class I landfill (Application). In response to DEP's request for additional information dated July 30, 2009 (RAI), Republic filed a response dated September 14, 2009 (RRAI), upon receipt of which, DEP deemed the Application to be complete. References to the Application typically include the Application, RRAI, and other materials, such as reports, plans, and drawings, that are part of the Application, as well as three subsequent modifications, which are detailed below. Republic revised several reports, plans, and drawings in the RRAI; references to these items, such as the Engineering Report and Operation Plan, are to the versions contained in the RRAI. On November 13, 2009, DEP filed its intent to issue construction permit #266830- 003-SC/01 (Construction Permit) and intent to issue operation permit #266830-004-SO/01 (Operation Permit; collectively, the Permit). Republic Services, Inc. and its affiliates constitute the second largest waste-management operator group in the United States. Their market capitalization is just over $11 billion. The capitalization of the affiliate formed to operate the subject landfill is doubtlessly less than $11 billion, as the record does not suggest that any significant part of the overall capitalization of Republic Services, Inc., and its affiliates would be at risk in the operation of the proposed landfill. Republic presently owns and operates a Class III landfill in the City of Bartow, Polk County, known as the Cedar Trail Landfill. The oldest part of this landfill is an unlined Class III landfill of 52.5 acres in the center of the property owned by Republic. Immediately west of this unlined landfill is a 30.7-acre lined Class III landfill, which comprises cells 1-4. The Cedar Trail Landfill is located at 2500 West State Road 60, about three miles west northwest of the intersection of State Road 60 and State Road 98, which marks the center of Bartow. The landfill is immediately west of E.F. Griffin Road. Petitioners Frost live on E.F. Griffin Road, about one mile north of the Cedar Trail Landfill. Petitioner Highland Lakes Estates Homeowner's Association serves a residential subdivision known as Highland Lakes Estates. Highland Lakes Estates occupies a notch at the southeast corner of Republic's property. Aerial photographs reveal the changing land use of the land on which Cedar Trail Landfill is situated. Fifty years ago, the land was vacant with indications of agricultural uses. At the site of the proposed landfill were mostly citrus groves on the west side and some rangeland or vacant land on the east side. Ten years later, a large area immediately northeast of the subject land reveals the effects of strip mining for phosphate. Three years later, in 1971, the mined area had greatly expanded to encompass all or nearly all of the subject site and much of the surrounding area, including the western half of what would become Highland Lakes Estates. By 1980, the pits had been refilled and active mining had ceased, and the streets had been constructed for what is now known as Highland Lakes Estates. By 1993, about three dozen homes had been built in this residential, large-lot subdivision. 9. The Cedar Trail Landfill was constructed in the early 1990s as an unlined construction and demolition debris landfill. Now designated an approved landfill for Class III waste, this facility accepts such waste as is defined by Florida Administrative Code Rule 62-701.200(14) (2010), which includes construction and demolition debris, yard trash, processed tires, asbestos, carpet, paper, glass, furniture (but not white goods), plastic, and other materials not expected to produce leachate that presents a risk to the public health or environment. A zoning/land use map reveals that the land for which the proposed landfill is proposed is designated "sewage/borrow pits/spray fields." Highland Lakes Estates occupies land that is designated single-family residential with a density of one dwelling unit on up to 2.49 acres. The Cedar Trail Landfill has been the subject of three recent environmental resource permits (ERPs). Appendix R to the Application is an individual ERP issued in April 2009, and Appendix R to the RRAI is a conceptual ERP issued in March 2005. The April 2009 ERP mentions that the entire stormwater project was conceptually approved by an ERP issued on September 10, 2008, but this ERP is not part of the record. In any event, these ERPs approve the construction of a comprehensive stormwater or surface water management system for the entire Republic property. In particular, the April 2009 ERP permits the construction of a borrow pit at the southeast corner of the Republic property and a modification of the perimeter ditch/wet retention system. The April 2009 ERP states that the permitted stormwater management system will provide total onsite retention for runoff from the 100-year, 24-hour storm. The April 2009 ERP requires 2.8 acres of compensation for 2.8 acres of encroachment in the 100-year floodplain. Specific Condition 14 prohibits excavation of the borrow pits to a clay confining layer or limestone bedrock layer. Specific Condition 20 prohibits the mixing of leachate with stormwater and provides that, if leachate enters stormwater, the stormwater becomes leachate. Presumably reflecting this permitting activity, Application Drawing 4, as revised in the RRAI, is the site plan, including the unlined Class III landfill, the four-cell lined Class III landfill immediately to the west of the unlined landfill, and the eight cells proposed to accept Class I waste. These eight cells are immediately south of the four cells of the lined Class III landfill. The two northernmost of these eight cells abut, on their east boundary, the unlined Class III landfill. The remaining six cells abut, on their east boundary, an 800-foot wide borrow pit, which lies between these cells and Highland Lakes Estates. Immediately north of Highland Lake Estates is a second borrow pit, and west of this borrow pit is the unlined Class III landfill. The other major feature on the site plan is a third borrow pit running, from west to east, along the north border of the lined Class III cells, the unlined Class III landfill, and the second borrow pit. Bearing no signs of ambitious reclamation activity, the backfilled mining cuts host large water storage areas and, as described in the application for the March 2005 ERP, wetlands of "very poor quality." The backfilled soils are best described as complex surficial soils, consisting mostly of fine sands with varying amounts of organics, silts, and clays. Geotechnical investigations of the Cedar Trail Landfill suggest that mining depths, although variable, probably averaged 40 feet. Petitioners and Intervenor are substantially affected by the Permit and the construction and operation of the proposed landfill, which will stand nearly 200 feet above grade and will be the focus of substantial activity six days per week during its years of operation. Like Petitioners, Intervenor owns land in the immediate vicinity of the Cedar Trail Landfill, which is in the jurisdiction of Intervenor, and Intervenor's various municipal operations are much affected by whether the proposed Class I landfill is permitted. Among other things, Intervenor has agreed to accept untreated leachate from the proposed landfill. Petitioners Frost built their home in 1980 or 1981. During the hours of operation of the existing landfill, Petitioners Frost constantly hear the beeping noise of heavy- duty equipment, presumably a safety device when the equipment is moved. Over a dozen lots in Highland Lakes Estates abut the property line of the Cedar Trail Landfill, and the closest residence is about 1000 feet from the nearest proposed Class I cell. At present, the existing landfill subjects the Highland Lakes Estates to constant noise during operating hours and a coating of dust inside their homes. Several residents of Highland Lakes Estates testified. Hard-working people, some of whom are now retired, these residents decided to purchase homes in Highland Lakes Estates because it was a sunny, healthy place to live. Over time, most of these residents, by varying degrees, have come to accept the fact of the Class III operations at Cedar Trail Landfill, but they object to the substantial intensification of land use that will result from a regional Class I landfill. One resident testified that she finds in her pool dirt that has escaped from the existing landfill, and she has become concerned about her grandchildren coming over to swim. Another resident testified that he only began closing his windows five or six years ago when the noise levels at the existing landfill increased; he eventually had to install a window air- conditioner. The same resident testified that the green herons and snowy egrets that he used to see around his house have not returned for five years, and his wife, who has health problems, including respiratory distress, would suffer from the expanded landfill operations. Application, RRAI, and Permit, Including Modifications The Permit incorporates the Application, including the RRAI, Engineering Report, Operation Plan, and drawings. Thus, all of the documents are part of the Permit. In the Application, Republic proposes to convert cells 5-8, which are not yet constructed, from a Class III to a Class I landfill and add four new cells adjacent to the unused cells. The unfilled portion of Cells 1-4 would continue to receive only Class III waste. Pursuant to Florida Administrative Code Rule 62-701.200(13) (2010), Class I waste is all solid waste, other than hazardous waste, that is not otherwise prohibited by rule. The Application states that the proposed landfill will serve communities within 100 miles. The service area of this regional landfill will thus extend in central Florida from Marion to Osceola counties, along the Gulf Coast from Pasco to Lee counties, and along the Atlantic Coast from Volusia to Martin counties. As stated in the Application, this service area is populated by 9.7 million persons, who would daily account for 3000 tons of waste at the Cedar Trail Landfill. Initially, according to the Engineering Report, the proposed landfill will receive 1600 tons per day of Class I waste, but, once the existing Class III cells are filled, the proposed landfill will receive 1600 tons per day of Class I waste plus the 1400 tons per day of the Class III waste that is currently going into the existing landfill. As revised by the RRAI, the life expectancy of the proposed landfill is seven years. The Application states that Republic will employ an attendant, a trained operator, and 3-5 spotters at the landfill. The Application reports that the landfill would operate Monday through Saturday from 7:00 a.m. to 6:00 p.m. and that the working face would be covered daily. The Application reports that Republic would install seven new detection wells and use 17 existing wells for monitoring groundwater and would use two existing staff gauges for monitoring surface water, evidently at a single location, as discussed in the next paragraph. 23. Application Appendix V is the Water Monitoring Plan. Appendix V states that surface water will be monitored every time that the stormwater pond for the leachate storage area discharges offsite, but not more frequently than weekly. Application Drawing 4, as revised in the RRAI, shows that the sole surface water monitoring location is close to the leachate storage tanks, which are described below. 23. Appendix V also requires leachate monitoring, "at least annually," for five field parameters--specific conductivity, pH, dissolved oxygen, colors, and sheens; eight laboratory parameters--including chloride, mercury, and total dissolved solids; and the parameters listed in 40 CFS Part 258, Appendix II, which includes a comprehensive list of volatile organic compounds; persistent organic pollutants, including 2,3,7,8-TCDD (a major dioxin) and Dibenzofuran; and metals, including lead and chromium. Fourteen days prior to all sampling events, Republic is required to notify DEP, so that it may obtain split samples for its own analysis. Republic is required to report the results of the groundwater monitoring quarterly and to analyze the groundwater data in a technical report filed with DEP every two years. Appendix V also requires monitoring for odors and combustible gases, mostly methane. Republic will monitor combustible gas quarterly at various ambient locations, such as the office buildings and to monitor combustible gas quarterly in the soil down to the seasonal high water table. The purpose of this monitoring is to determine combustible gas concentrations and, if they exceed 25%, take "all necessary steps to ensure protection of human health." Some confusion in the Application arises as to the issue of whether the Cedar Trails Landfill will be subject to, or voluntarily implement, the more elaborate provisions applicable to a landfill covered under Title V of the federal Clean Air Act, as amended in 1990. Regulated emissions for a new source might include particulate matter, sulphur dioxide, nitrogen oxides, volatile organic compounds (VOCs), and specified hazardous air pollutants. Appendix V states that the landfill will become a Title V landfill once permitted to receive Class I waste, and, at that time, it will be subject to a "more comprehensive system of landfill gas collection and monitoring." Appendix V assures that these items "will be addressed in separate documentation from this monitoring plan"--and, apparently, separate from the present record. By contrast, the Operation Plan concedes only that, based on the nature of Class I waste and the design capacity of the proposed landfill, Cedar Trail Landfill "may" become a Title V facility. The Operation Plan states: "If the regulatory thresholds at [Cedar Trail Landfill] are met [under Title V] requiring an active gas collection and control system (GCCS), [Cedar Trail Landfill] will submit as required the GCCS design plans for approval and install an active gas extraction system within the regulatory timeframes specified by Title 40, Code of Federal Regulations, Part 60, Subpart WWW." More specific provisions in the Operation Plan identify best management practices to prevent objectionable odors. Four practices are identified, including an "active gas collection and extraction system." On the DEP form application, which is a cover sheet to the more elaborate application materials, Republic checked boxes indicating that the landfill would use active gas controls with gas flaring and gas recovery, which is probably what is meant by an "active gas collection and extraction system." The Application provides that the landfill liner would be double composite; the leachate collections system would consist of collection pipes, geonets, and a sand layer; the leachate would be stored in tanks; some of the leachate would be recirculated as spray on the working face; and the remainder of the leachate would be stored onsite and periodically transferred to a wastewater treatment center for treatment. The Engineering Report states that the waste disposal footprint will not be located where geological formations or other subsurface features will not provide support for the waste. The Engineering Report identifies appendices addressing the slope-stability analysis and foundation analysis and relies on a March 12, 1997, report by Ardaman & Associates, Inc. (Ardaman Report), January 23, 2004, report by Golder Associates, Inc. (Golder Report), and June 26, 2009, report by Hanecki Consulting Engineers, Inc. (Hanecki Report). These items are discussed in greater detail below in connection with the sinkhole issue. The Engineering Report assures that the waste disposal footprint will not be within 500 feet of an existing or approved potable water well, nor will it be within 1000 feet of an existing or approved potable water well serving a community water supply. The Engineering Report adds that the minimum horizontal distance between waste deposits and the property line is 100 feet. The Engineering Report assures that the landfill footprint will not be in a dewatered pit, as the installation elevations are at least 2-3 feet higher than the seasonal high water table. The Engineering Report acknowledges that a small part of the eastern end of the four southernmost cells lies within the 100-year floodplain, as depicted by the Flood Insurance Rate Map effective December 29, 2000, and as shown in Application Appendix A, Drawing 1. Claiming that the relevant map was not revised in 2000, the Engineering Report asserts that the last update to the FIRM map was in 1975, and the depicted floodplain was filled during the mine reclamation process. The Engineering Report notes that the floodplain concerns were addressed in the April 2009 ERP. 34. The Engineering Report discloses two enforcement actions against Republic at the Cedar Trail Landfill. In a letter dated October 19, 2001, DEP warned Republic about noncompliant items at the site, and, in a notice of noncompliance dated January 30, 2006, DEP warned Republic not to use a new cell prior to construction certification of the cell's stormwater system. Both matters were reportedly resolved, and Republic has not been the subject of other enforcement actions for the Cedar Trails Landfill. At DEP's urging, the RRAI elaborates on enforcement actions against Republic or, evidently, Republic affiliates at a variety of Florida facilities, not just landfills. The additional information reveals that DEP imposed a fine of $61,300 for the October 2001 violations, which included disposing of unacceptable waste, storing an excessive number of tires and exceeding groundwater standards without notifying DEP, and a fine of $1000 for the January 2006 notice of noncompliance. The other enforcement actions against Republic or affiliates concerning landfills involved consent orders about the Nine Mile Road Landfill (Seaboard Waste): in February 2003, DEP imposed a fine of $13,000 in settlement of charges that employees were not removing all unacceptable waste from the site and, in November 2005, DEP imposed a $285 fine for a failure to submit required stormwater monitoring reports. There were many other enforcement actions, generally resulting in modest fines, but they involved hauling facilities, transfer stations, and materials recovery facilities, not landfills. The Engineering Report states that the proposed landfill is within six miles of, but greater than 10,000 feet from, the Bartow Municipal Airport. Airport safety is addressed in more detail below. The Engineering Report describes in detail the double composite liner system, which uses materials whose physical, chemical, and mechanical properties prevent failure due to contact with Class I waste and leachate, climactic conditions, installation stress, and other applied stresses and hydraulic pressures. The Engineering Report performs no contingency sinkhole analysis. The report does not suggest that the liner system could withstand the stresses and pressures resulting from any size sinkhole, so the necessary inference is that the liner will fail if any sinkhole forms directly beneath it. The Engineering Report states that waste placement will remain within the lined containment berm. The Engineering Report describes in detail the double composite liner system for use at the proposed landfill. The primary liner system and secondary liner system each comprises three layers with the top layer consisting of a composite drainage net, the middle layer consisting of a high-density polyethylene geomembrane with a minimum average thickness of 60 ml, and the bottom layer consisting of a geosynthetic clay liner with a maximum hydraulic conductivity of 5 x 10-9 cm/second. The Engineering Report describes in detail the leachate collection and removal system, which, sitting atop the primary liner, includes a 24-inch thick sand drainage layer with a minimum hydraulic conductivity of 1 x 10-3 cm/second, a composite drainage net, and a single perforated 8-inch diameter lateral pipe in each cell. The collection lateral pipes will gravity drain to the east to a header pipe that gravity drains to the primary leachate collection pump stations--one station for the four converted cells and one station for the four new cells. A smaller leachate collection and removal system will handle the leachate that penetrates to the leak detection layer by routing it to a secondary leachate collection pump station. Based on calculations derived from the HELP groundwater model, the leachate collection and removal system is designed to prevent leachate head from exceeding the thickness of the composite drainage net (about 1 cm) over the secondary geomembrane and from exceeding one foot over the primary geomembrane. According to the Engineering Report, flow meters will be installed at each of the pump stations to allow daily readings of the amount of leachate being pumped. At one foot of head over the primary liner, the Engineering Report expects just over three gallons per day collected at each secondary leachate collection pump station--significantly less than the leakage rate typical of a double liner system without a geosynthetic clay liner beneath the primary liner. However, the Engineering Report provides a standard action leakage rate of 100 gallons/acre/day, meaning that Republic is required to report to DEP liner leakage only when this leakage rate is attained. The pump stations will transmit the leachate to one of two above-ground, 150,000-gallon storage tanks. From these tanks, most of the leachate will be transported to an offsite location for treatment. However, up to 12,000 gallons per day of the untreated leachate will be recirculated to be sprayed on the working faces of the landfill. This is to control dust and possibly to assist with the degradation of the waste. The Engineering Report states that the Cedar Trail Landfill implements a facility-wide water quality monitoring plan. Upon completion of the pump stations for the eight cells that are the subject of the Application, Republic will expand its leachate sampling program to include annual sampling of the leachate collected in the primary and secondary leachate collection pump stations. The groundwater monitoring wells would be installed as closely as possible to the outer edge of the roadway that, with a stormwater ditch, will run the perimeter of the proposed Class I landfill. In the revised Engineering Report contained in the RRAI, Republic proposes a surface water discharge point in the stormwater pond located near the leachate storage tanks. The Engineering Report adds that Republic will continue to comply with the following prohibitions: No waste will be knowingly burned on site; Hazardous waste will not knowingly be accepted; PCB contaminated waste will not knowingly be accepted; Untreated biomedical waste will not knowingly be accepted. Please note that treated biomedical waste may be accepted at [Cedar Trail Landfill]'s Class I Landfill provided that the waste containers are marked "Treated Biomedical Waste.;" No waste disposal at the proposed Class I Landfill will occur within 3,000 feet of a Class I surface water body; [Cedar Trails Landfill] will not knowingly accept liquid waste within containers, excluding leachate and gas condensate derived from solid waste disposal operations. [Cedar Trails Landfill] will comply with the requirements of Rule 62- 701.300(10), FAC regarding the handling of liquid wastes; Neither oily waste nor commingled oily waste will knowingly be accepted; and Lead-acid batteries, used oil, white goods, and whole-waste tires will not knowingly be disposed of in the Class I waste disposal system. The Joint Stipulation to Permit Modification, identified above, adds four items to this list of operational prohibitions: i. Garbage will not be knowingly accepted; Household Waste, except waste from residential sources generated as Class III waste, will not be knowingly accepted; Animal carcasses will not be knowingly accepted; and Aluminum dross will not be knowingly accepted. Capitalized terms are generally defined in the Florida Administrative Code. Florida Administrative Code Rule 62-701.200(39) defines "Garbage" as " all kitchen and table food waste, and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials." Application Appendix H is the Operation Plan, which also identifies the types of wastes to be permitted at the proposed landfill. Section 3(b) of the Operation Plan authorizes the proposed landfill to accept: Commercial waste Ash residue Incinerator by-pass waste Construction and demolition debris, including from a residence Treated biomedical waste Agricultural waste Industrial waste Yard trash, including from a residence Sewage sludge Industrial sludge Water/air treatment sludges Waste tires De minimis amounts of non-hazardous waste from incidental residential sources Section 5 of the Operation Plan provides, in relevant part: [Cedar Trail Landfill] will accept waste included in any of the waste categories identified under Section 3(b) of this Operation Plan[, but] will . . . NOT knowingly accept any hazardous waste, untreated biomedical waste, liquid waste (including paint), explosive waste, toxic waste, or radioactive waste for disposal at the [Cedar Trail Landfill.] Unacceptable types of refuse are listed below and will not be knowingly accepted for disposal. --Hazardous waste --Explosive waste --Radioactive waste --Drums that have not been opened and Emptied --Refrigerators, freezers, air Conditioners (white goods) --Any toxic or hazardous materials, i.e. batteries, solvents, oil, etc. --Automobiles or parts that contain fuel, lubricants, or coolants --Untreated Biomedical waste The original Application prohibited the acceptance of septic tank pumpage, but the application form accompanying the original Application indicated that the proposed landfill would accept industrial sludge and domestic sludge. After modification by the RRAI, the prohibition against accepting septic tank pumpage was deleted, and the Operating Plan added, among acceptable wastes, sewage sludge, industrial sludge, and water- and air-treatment sludge. Florida Administrative Code Rule 62-701.200(101) (2001) defines "sludge" to include solid waste pollution control residual from an industrial or domestic wastewater treatment plant, water supply treatment plant, air pollution control facility, septic tank, grease trap, portable toilet, or other source generating a waste with similar characteristics. Florida Administrative Code 62-701.200(64) (2001) defines "liquid waste" as any waste with free liquids, according to the "Paint Filler Liquids Test." As modified by the Joint Stipulation to Permit Modification, Section 5 of the Operation Plan was amended to add the following items to unacceptable types of refuse that will not be knowingly accepted for disposal: --Garbage --Household Waste, except waste from residential sources generated as Class III waste --Animal carcasses --Aluminum dross At the hearing, Republic and DEP agreed to an additional condition to the Operation Plan that unacceptable waste would include Garbage contained in commercial, industrial or agricultural waste. According to the Operation Plan, the initial waste screening occurs at the gate house where the attendant interviews the driver and inspects the incoming waste load. If the attendant sees more than a negligible amount of unauthorized wastes, he will reject the load and will contact the hauler to identify the source of the waste. Additionally, Republic will notify DEP if anyone tries to dispose of hazardous waste at the proposed landfill. As modified by the Joint Stipulation to Permit Modification, the Operation Plan was amended to provide a new paragraph between the paragraph addressing the initial waste screening at the gate house and, as discussed below, the second screening at the working face. The new paragraph provides: Any malodorous waste will be covered with mulch and/or additional soil or other approved cover materials to control odors promptly, within one (1) hour from the time of unloading, except in the event of exigent circumstances, such as extreme weather. Cedar Trail Landfill will promptly cover any sludge deposited on the landfill working face within one (1) hour from the time of the unloading, except in the event of exigent circumstances, such as extreme weather. At the hearing, Republic and DEP agreed to an additional condition to the Operation Plan, which would prohibit Republic from accepting malodorous waste or sludge that, due to exigent circumstances, it would not be able to cover within one hour from the time of unloading. If the load passes the initial waste screening, it will proceed to the working face of the landfill, according to the Operation Plan. At least one spotter will be stationed at the working face at all times that the landfill receives waste. Her job will be to detect unauthorized wastes. Republic is to assure that it has a sufficient number of spotters to find and remove unauthorized waste prior to compaction. The Operation Plan allows the spotter to work from ground level or the cab of a compactor. If the operator of a piece of heavy equipment is trained as a spotter, she may also serve as a spotter. During periods of higher waste traffic, the equipment operator will, according to the Operation Plan, "likely" need the assistance of another operator or spotter to screen the higher waste volumes. When finding unauthorized wastes in manageable volumes, the spotter or operator will remove these wastes by hand and place them into nearby containers for removal to an appropriate facility. The third waste screen occurs as the equipment operator spreads the waste, pursuant to the Operation Plan. The equipment operator is required to place any unacceptable observed wastes into containers, which will be located "within the lined area." These wastes will also be removed to an appropriate facility. In the RAI, DEP questioned the proximity of the containers to the working face, as the lined area consists of 72 acres, but, in the RRAI, Republic ignored the comment, restating only that the containers would not be located outside the lined area. The Operation Plan specifies a filling sequence. Republic will assure that the first layer of waste placed above the liner in each cell will be a minimum of four feet in compacted thickness and will be free of rigid objects that could damage the liner or leachate collection and removal system. Republic will maintain the working face to minimize the amount of exposed waste and initial cover necessary at the end of each day. The filling sequence will proceed until the permitted final grade elevations have been reached, less three feet for the final cover. The Operation Plan states that the initial cover at the Class I landfill will consist of a six-inch layer of soil that is transferred from onsite borrow pits or offsite sources. This soil will be compacted and placed on top of the waste by the end of each work day. At Republic's option, subject to DEP's approval, it may use a spray-on or tarpaulin cover, instead of a soil cover. The Operation Plan requires Republic to apply at least one foot of intermediate cover within seven days of cell completion, if additional waste will not be deposited within 180 days of cell completion. Republic may remove all or part of this intermediate cover before placing additional waste or the final cover. Through the placement of initial, daily, and intermediate cover, Republic will minimize the occurrence of moisture infiltration, fires, odors, blowing litter, and animals and other disease vectors. 59. The Operation Plan requires Republic to control litter primarily by daily waste compaction and cover. However, at least daily, if needed, employees will collect litter along the entrance and access roads and around the working face. Complaints about litter must be logged. In addition to the inspections detailed above, the Operation Plan establishes a random load-checking program to detect unauthorized wastes. Each week, Republic employees will examine at least three random loads of solid waste by requiring drivers to discharge their loads at a designated location within the landfill where the employees may undertake a detailed inspection. All random inspections will be logged. Notwithstanding the daily limit of 12,000 gallons per day, the Operation Plan prohibits Republic from spraying leachate during rain events. To apply the recirculated leachate, the lead operator will drive the leachate tanker truck on the working face, so that it can spray leachate over waste as it is being compacted, but after it has been screened by spotters. The spraying will be done to avoid causing leachate to pond atop the waste and will not be done within 50 feet of an outside slope. No restrictions apply to wind conditions. The Operation Plan states that, if the annual sampling of leachate water quality at the two pump stations reveals a contaminant in excess of the permissible limits listed in 40 CFR Part 261.24, Republic will start monthly sampling and notify DEP in writing. Also, the Cedar Trail Landfill will maintain a recording rain gauge. The Operation Plan requires Republic employees to conduct daily surveys for objectionable odors and take immediate corrective action, if odors are found at the property line. As modified by the Joint Stipulation to Permit Modification, this portion of the Operation Plan was amended to add two odor- remediation actions and another form of odor inspection. The two additional actions to prevent odors are to 1) provide additional cover using mulch, additional soil, or other approved cover material and 2) use odor masking or neutralizing agents. The new inspection provision states: Internal inspection will be performed on a weekly basis by a properly trained odor ranger or equivalently trained person. Such individual will tour the facility, property boundary, and the subdivision of Highland Lakes Estates . . . to identify any odors leaving the Landfill's property boundaries. The results of each weekly inspection will be document, and any odors identified will be mitigated. Another new provision from the Joint Stipulation for Permit Modification applies to the handling of sludge. As amended, the Operation Plan states: When accepting sludge from a new source or distributor, [Republic] will obtain information regarding the characteristics and constituents of the sludge, including a description of the industrial process or circumstances that resulted in the generation of the sludge. Upon delivery of the sludge, [Republic] will mix lime, sodium hydroxide, or any other suitable agents to eliminate objectionable odors as required during disposal of the sludge before the material is covered. Furthermore, [Republic] will obtain advance notice from contributors prior to delivery of any sludge and shall promptly cover any sludge unloaded on the landfill working face within one (1) hour from the time of unloading, except in the event of exigent circumstances, such as severe weather. [Republic] shall use its best efforts to avoid accepting or disposing of sludge on Saturdays, Sundays, or public holidays. Additionally, with respect to sludge received from wastewater treatment facilities only, such sludge shall not exceed the lesser of (1) twenty percent (20%) of the total volume of waste disposed in the landfill on an average monthly basis, determined annually on the prior calendar year, or (2) two-hundred (200) tons per day, averaged over the prior 12-month calendar year. Republic is required to monitor combustible gases quarterly and transmit the results to DEP, according to the Operation Plan. If Republic detects methane above the limits specified in Florida Administrative Code Rule 62-701.530 (2010), Republic must submit a gas remediation plan to DEP within seven days. The Operating Plan indicates that the separation of the waste from the groundwater prevents the saturation of the waste and, thus, the generation of odor. Sloping and compacting will promote stormwater runoff, again to discourage the generation of odor. The Construction Permit authorizes construction of the proposed landfill in accordance with the "rules[,] . . . reports, plans and other information" submitted by Republic "(unless otherwise specified)." This parenthetical reference provides that the provisions of the Construction Permit control over any contrary provisions in the other documents that are part of the Permit due to incorporation by reference. In addition to the original Application, RRAI, and drawings, the Construction Permit also incorporates Florida Administrative Code Chapter 62-701 (2001). The Construction Permit states that Republic may not violate the prohibitions set forth in Florida Administrative Code Rule 62-701.300, which is discussed in the Conclusions of Law. Construction Permit Specific Condition A.9.a requires notification to DEP of the discovery of limestone during excavation or discovery. Specific Condition A.9.b requires notification to DEP of any surface depressions or other indications of sinkhole activity onsite or within 500 feet of the site. Specific Condition A.9.c prohibits open burning. Construction Permit Specific Condition C.1.b prohibits the discharge of leachate, during construction or operation, to soils, surface water, or groundwater outside the liner and leachate management system. Specific Condition C.4 prohibits the acceptance of hazardous waste and does not condition this prohibition on Republic's knowledge that the waste is a hazardous waste. Specific Condition C.5 requires Republic to "control . . . odors and fugitive particulates (dust)" and "minimize the creation of nuisance conditions on adjoining property." "Nuisance conditions" include "complaints confirmed by [DEP] personnel upon site inspection." Specific Condition C.5 orders Republic to "take immediate corrective action to abate the nuisance" and to "control disease vectors so as to protect the public health and welfare." Construction Permit Specific Condition C.6.b requires immediate notice to DEP of any sinkholes or other subsurface instability. Specific Condition C.8 requires Republic to manage leachate in accordance with the Operating Permit and Florida Administrative Code Rule 62-700.500(8). The Operating Permit incorporates the same materials that are incorporated into the Construction Permit, again "(unless otherwise specified)." Like the Construction Permit, the Operating Permit incorporates Florida Administrative Code Chapter 62-701 (2001) and requires immediate notice to DEP in the event of a sinkhole or subsurface instability. The Operating Permit specifies that the action leakage rate is 100 gallons per acre per day and the leachate recirculation rate is 12,000 gallons per day. As modified by the Joint Stipulation to Permit Modification, Operating Permit Specific Condition A.1.b states: This Facility is not authorized to accept Garbage; untreated Biomedical Waste; animal carcasses; liquids and non-liquid PCB containing materials or wastes with a PCB concentration greater than or equal to 50 parts per million; Liquid Waste; and aluminum dross. Additionally, this facility is not authorized to accept Household Waste, except waste from residential sources generated as Class III waste. Class III waste means yard trash, construction and demolition debris, processed tires, asbestos, carpet, cardboard, paper, glass, plastic, furniture other than appliances, or other materials approved by [DEP] that are not expected to produce leachate which are a threat to public health or the environment as defined in Rule 62-701.200(14), F.A.C. Based on this authorization to allow certain wastes as described above from residential sources, and since the landfill design, including liner and leachate collection systems, meets the requirements of Chapter 62-701, F.A.C., for Class I landfills, the facility will be entitled to [the] household hazardous waste exemption pursuant to 40 C.F.R. 261.4(b)(1). Specific Condition A.9.c prohibits open burning. Operating Permit Specific Condition C.1.b prohibits the discharge of leachate to soils, surface water, or groundwater outside the liner. Specific Condition C.1.c prohibits the discharge of "residual contaminants," such as gasoline, oil, paint, antifreeze, and polychlorinated biphenyls (PCBs), onto the ground or into surface water or groundwater. Operating Permit Specific Condition C.1.k(1) provides that authorized waste types are those listed in Section 3(b) of the Operations Plan, and unacceptable wastes shall be removed from the site as described in Sections 3(a) and 7. As modified by the Joint Stipulation to Permit Modification, Operating Permit Specific Condition C.1.k(1) provides: "Waste types authorized for management at this site are those listed in Section 3(b) of the Operations [sic] Plan. Unacceptable wastes are those listed in Section 5 [of the Operation Plan] " Operating Permit Specific Condition C.1.k(2) requires the use of a sufficient number of spotters to remove unacceptable wastes, but allows Republic to direct its equipment operators to serve as spotters from the equipment. This condition allows DEP to require that spotters work from the ground, if DEP determines that spotting from equipment is not effective. Specific Condition C.1.k(3) requires Republic to remove unacceptable wastes immediately and not to unload additional wastes in the immediate vicinity until placing unacceptable wastes in the designated waste containers" "near the working face" and within the lined landfill area. Operating Permit Specific Condition C.1.l(2) requires Republic to inspect on each operating day the property boundary for objectionable odors and, if any are detected, abate them in accordance with Specific Condition C.5. Specific Condition C.5.a requires Republic to control odors, disease vectors (insects and rodents), and fugitive particles (dust and smoke) to protect the public health and welfare. Control is defined as "minimiz[ing]" the creation of nuisance conditions on adjoining property. Odors confirmed by DEP personnel are a nuisance condition, and Republic must take immediate corrective action to "abate" the nuisance. Specific Condition C.5.b provides that, if odor control measures do not "sufficiently abate" objectionable odors within 30 days, Republic will submit an odor remediation plan to DEP for approval. Operating Permit Specific Condition C.8.e requires monthly reports to DEP of leachate quantities. Specific Condition C.8.h(1) prohibits recirculation of leachate at rates that result in seepage that may discharge outside the lined area. Leachate may not be sprayed when the application area is saturated or during a rainfall event. There is no prohibition against spraying during windy conditions. Operating Permit Specific Condition E details the extensive water quality monitoring requirements. However, Specific Condition E.9.b requires only annual testing of the five field parameters, eight laboratory parameters, and the comprehensive list of Appendix II parameters set forth in 40 CFR Part 258, all of which are identified below. Specific Condition E.9.c provides that, if a contaminant listed in 40 CFR 261.24 exceeds the level listed therein, Republic will notify DEP and take monthly leachate samples until no exceedances are detected for three consecutive months. Operating Permit Specific Condition F.1.a states: "This solid waste permit will meet the statutory requirement to obtain an air construction permit before . . . constructing a source of air pollution, except for those landfills that are subject to the prevention of significant deterioration (PSD) requirements of Chapter 62-212, F.A.C." Such facilities are required to obtain an air construction permit from the Bureau of Air Regulations prior to construction. Specific Condition F.1.b requires Republic to comply with Title V of 40 CFR 60, Subparts WWW and CC. This section notes that Title V permit applications must be submitted to the District Air Program Administrator or County Air Program Administrator responsible for the landfill. Aviation Safety Landfills attract birds in search of food. Flying birds may interfere with aviation safety. Thus, landfills are typically not located in close proximity to airfields to minimize the risk that flying birds will interfere with airborne aircraft approaching or departing from an airport. The nearest airport to the Cedar Trail Landfill is the Bartow Municipal Airport, which is operated by the Bartow Aviation Development Authority. This airport is over five miles from the footprint of the active landfill and 4.6 miles from the boundary of the proposed site. Republic provided notice of the Application to all airports within six miles of the proposed landfill, the Federal Aviation Administration, and the Florida Department of Transportation. None of these entities objected to the proposed landfill. When Republic gave the Bartow Aviation Development Authority notice of an earlier application, which sought a permit for a landfill that would accept garbage, the authority objected to the proposal due to concerns posed by birds to aviation safety. When asked about the Application, the authority's executive director testified that she still has concerns about the proposed landfill, but she did not specify the nature of her concerns or her analysis. As explained in the Conclusions of Law, these are the only facts required for a determination of whether Republic has provided reasonable assurance of aviation safety. The record provides no basis for finding that Republic has failed to provide reasonable assurance of aviation safety. Neither the FAA nor the Bartow Aviation Development Authority has objected to the proposed landfill. The executive director's unspecified concerns do not override the absence of a formal objection from these agencies. Petitioners assign too much weight to the earlier objection submitted by the authority. The composition of the authority may have changed or some authority members may have decided they were wrong in their earlier analysis. This earlier objection does not outweigh the absence of objection to the present proposal from any of the aviation agencies and the absence of any evidence of the expected nature or extent of bird usage of the proposed landfill and the extent to which these birds would interfere with existing and expected flight paths of aircraft using the Bartow Municipal Airport. Public Health Petitioners' expert witness on public-health issues, Dr. David Carpenter, is a medical doctor with a long, prestigious history of public service, including with the Department of Defense, the National Institutes of Mental Health, the United States Public Health Service, and the New York Department of Health, where he served as director from 1980-85. At that time, Dr. Carpenter started the School of Public Health at the University of Albany. Republic's expert witness on public-health issues, Dr. Christopher Teaf, is an expert in the evaluation of environmental contamination, waste management, and toxicology, but not a medical doctor. Dr. Teaf is a professor at Florida State University and owns a small consulting firm. The major part of Dr. Carpenter's career has been devoted to research. For the past ten years, he has focused more on human health, especially human disease from exposure to environmental contaminants. Dr. Carpenter has considerable experience with the adverse effects of landfills on human health, but his experience has been mostly with older landfills, where containment measures were few and offsite releases were many. Clearly, Dr. Carpenter's experience does not extend to the role of landfill design, construction, and operation in the transmission of human disease. Thus, Dr. Carpenter is qualified to opine on the effects of pollutants that may escape landfills, but not on the relationship of landfill design, construction, and operation on the probability that a landfill will transmit pollutants. For the most part, Dr. Carpenter did not attempt to address matters outside of his expertise. However, Dr. Carpenter testified that the risk of disease or injury increased in relationship to the proximity of the person to the landfill. This testimony can only be credited if one assumes that the landfills are identical in terms of design, construction, and operation and in terms of the environmental conditions of the landfill site. In other words, in real-world applications, it is impossible to credit this element of Dr. Carpenter's testimony, especially to the extent of his implicit suggestion that public health is unreasonably endangered by the construction of a landfill, in compliance with all rules, that satisfies all of the separation criteria and design criteria set forth in the rules, as discussed below. By contrast, Dr. Teaf focused on the details of the proposed landfill. Applying his knowledge of toxicology, Dr. Teaf determined that the proposed landfill adequately protects public health. In making this determination, Dr. Teaf analyzed the effects of various design and operational characteristics of the proposed landfill, including the double liner system, the leachate collection and management system, the selection of appropriate waste types, the procedures for the evaluation and covering of sludges, the prohibition against municipal garbage, the restrictions on household items, the monitoring of groundwater and surface water, the stormwater management system, and the plans to control dust and odors. Dr. Carpenter's testimony and the literature that he sponsored suggested important links between older landfills and a wide range of human disease. But the recurring problem with Dr. Carpenter's testimony and the research articles that he sponsored was the inability to link this information to the proposed landfill. All of the landfills studied in his research articles were older, and most of them appeared to have been designed, constructed, and operated under far more relaxed regulatory regimes than exist today. Nothing in Dr. Carpenter's testimony or sponsored literature attempted to delineate the design or operational characteristics of these landfills, such as whether they were double- or even single-lined, served by leachate circulation and recovery systems, limited as to materials that they could accept, or required to install stormwater management and water monitoring systems. 93. Analysis of the risk to public health posed by the proposed landfill requires consideration of the various means of transmission of the pollutants received by the landfill: water, land, and air. Of these, water requires little analysis, on this record. Even Dr. Carpenter conceded that the proposed landfill does not appear to pose a threat to groundwater. The double liner, leachate collection and recovery system, and groundwater monitoring plan support the finding that groundwater transmission of pollutants from the proposed landfill is unlikely. Transmission by surface water is also unlikely. Compared to groundwater monitoring, surface water monitoring is limited. For instance, there is only a single monitoring site. Also, as noted above, the stormwater pond for the leachate storage area is expected to discharge stormwater offsite during excessive storm events, at which time surface water samples will be taken. However, a comprehensive surface water management system is in place at the landfill and will prevent offsite discharges in all but a few excessive rain events. Transmission by land is also unlikely. The Application contains engineering analysis of the proposed stability of the side slopes and a determination that they will be stable. The discussion of sinkholes, below, does not affect this finding. Treating dust as transmission by air, the only other means by which pollutants may transmit by land is by animals, such as insects, rodents, and birds. An important factor limiting the activity of animals in spreading pollutants offsite is the fact that the proposed landfill will not receive garbage. Although putrescible waste may be received within other categories of waste, the prohibition against receiving garbage will greatly reduce the amount of potential food sources for animals and thus the utilization rate of the proposed landfill by these animals. A further reduction in animal utilization will be achieved through the daily and intermediate cover requirements. Thus, transmission of pollutants by animals is also unlikely. Transmission by air takes several forms. Pollutants may be transmitted as or on dust, with water in the form of aerosol, or as gas. In terms of how transmission by air is addressed by the Permit, this means of transmission potentially represents a greater threat than transmission by water or land for four reasons. First, the explicit focus of the Permit, as to gas, is to avoid explosive concentrations of methane and objectionable odors, but not the transmission of other pollutants by air. Second, the effect of the Permit is to prohibit the release of pollutants into the groundwater or offsite surface water and to prohibit the release of pollutant-bearing land offsite, but no such flat prohibition applies to the offsite release of pollutants by air. Third, the leachate recirculation system provides a good opportunity for the release of certain pollutants into the air by aerosol or evaporation, but similar releases to offsite land, surface water, or groundwater are prohibited. Fourth, scientific understanding of the effects of exposure, especially by inhalation, to pollutants, especially in the form of organic compounds, is continuing to develop: with the use of chemicals increasing three fold in the 50 years preceding 1995 and approximately 80,000 chemicals in use in 2002, only a few hundreds of these chemicals have been subjected to long- or short-term study, resulting in the discovery that about 10% of the chemicals in use in 2002 were carcinogens. Transmission by dust appears to be limited by the frequent covering and spraying of the working faces. Although nearby residents complain of dust in their homes, the practices of the less-regulated Class III landfill cannot be extrapolated to the proposed Class I landfill. Thus, the prospect of dust transmission of chemicals contained in the fill received by the proposed landfill appears also to be slight. The use of untreated leachate as the spray medium to control the dust itself raises two risks, however. First, spraying leachate will release chemicals in aerosol. The potential range of aerosol is great, especially as the landfill ascends toward its design height of 190 feet. However, the risk of transmission by aerosol is reduced to insubstantial levels by adding a Permit condition that prohibits spraying during windy conditions. Second, depositing leachate on the landfill face will release chemicals through evaporation. The point of spraying the landfill face is to control dust between the addition of the waste materials to the pile and the application of the cover. Between these two events, dry conditions will sometimes intervene and may cause the evaporation of certain, but not all, pollutants. The leachate acquires pollutants as it percolates down the waste column and into the leachate collection system. As Dr. Teaf noted, the leachate becomes more concentrated as it recirculates, but, otherwise, this record is largely silent as to the likely composition of the recirculated leachate. However, for landfills accepting sludge, higher levels of mercury may be present in the leachate. As reported by the Florida Center for Solid and Hazardous Waste Management at the University of Florida, in a report issued March 2007, and titled, "Design and Operational Issues Related to Co-Disposal of Sludges and Biosolids and Class I Landfills--Phase III," one study found that the concentration of mercury in the leachate of landfills that receive sludge is almost three times greater than the concentration of mercury in the leachate of landfills that do not accept sludge. The same study reported that total dissolved solids and chlorides were present at greater concentrations at the landfills that did not accept sludge and that other parameters--unidentified in the cited article--were not significantly different between the two types of landfills. Republic proposes to recirculate substantial volumes of leachate--sufficient, for instance, to raise the moisture content of the fill from 25 percent to 28.9 percent. The Permit allows the proposed landfill to operate six days per week, for a total of 312 days annually. The Operation Plan prohibits the application of leachate during rain, but the number of days annually during which rain extends for the entire day is few, probably no more than a dozen. These numbers suggest that Republic may apply as much as 3.6 million gallons annually of untreated leachate to the landfill face. The 12,000 gallon-per-day limit and restrictions on head in the leachate collection and removal system effectively limit the quantities of leachate that may be recirculated, but the sole provision addressing leachate water quality is the annual monitoring event described above. Given the time required to analyze the many parameters included in the EPA regulation, for most of the year between tests, Republic will be applying over three million gallons of leachate whose pollutant concentrations will be completely unknown. Some assurances emerge, though, when considering air transmission of pollutants by class. In general, on this record, as to transmission by gas, there appears to be an inverse relationship between a compound's volatility, which is a measure of its ability to enter the air, and a compound's persistence. VOCs are one of the most dangerous classes of pollutants to public health and include such carcinogens as benzene, tolulene, xylene and, the most dangerous of all VOCs, vinyl chloride, which is released upon the degradation of such common substances as plastics, carpets, and upholstery. Biogas, which is generated by the anerobic decomposition of organic compounds in a landfill, contains mostly methane and carbon dioxide, but also significant levels of VOCs. When inhaled, the primary results of exposure to VOC are respiratory irritation and allergenic effects. Volatility is measured by vapor pressure, which is a measure of a chemical's ability to get into the air. As their name suggests, VOCs enter the air easily. They are also capable of traveling great distances due to their light molecule. However, VOCs are easily destroyed by sunlight and diluted by wind. Other organic compounds common to landfills are only semi-VOCs, such as PCBs. Although less volatile, these chemicals, too, are hazardous to public health--in the case of PCBs, in any amount. Due to this fact and their persistence in the environment, the United States has prohibited the manufacture of PCBs for over 30 years. However, not only are PCBs considerably less likely to enter the air than VOCs, they also travel shorter distances than VOCs due to a heavier molecule. Dr. Carpenter opined that there is little evidence that PCBs are an issue in the proposed landfill. Another class of organic compound, 1000 times less volatile than even PCBs, is phthalates, which are used in the production of plastics. Phthalates pose significant threats to public health, especially reproductive health. However, the exceptionally low volatility of this compound renders transmission by evaporation highly unlikely. Much of the regulatory framework imposed on landfill design, construction, and operation arises out of concerns for the control of human pathogens, which are infection-causing organisms, such as bacteria, viruses, protozoa, and parasitic worms. One of the great advances in human longevity in the United States occurred in the early 1900s--not with the development of antibiotics or improved medical care--but with the implementation of basic sanitation control and the removal of pathogens from the drinking water. For the proposed landfill, sludge will be the primary source of pathogens. Sludge is nutrient-rich organic matter, which will be received at the proposed landfill without any treatment except possibly dewatering. Even with the acceptance of sludge, the proposed landfill presents little risk for the transmission of pathogens. Pathogens communicate disease only when a person is exposed to an effective dose and are better transmitted by direct contact or animal than air. Bacterial pathogens are themselves killed by wind, as well as sunlight, temperature, and humidity differentials, so the preferred means of air transmission would be aerosol versus gas. The record permits no findings as to the persistence of pathogenic viruses, protozoa, and parasitic worms. However, as noted above in connection with the land transmission of pathogens, the immediate application of lime and cover to the sludge will tend to prevent the release of effective doses of pathogens by air, as well. The last major class of pollutant that could be transmitted by air is heavy metals, such as mercury or lead. Although these metals produce a wide range of neurological diseases and generally interfere with cognition and behavior, Dr. Carpenter admitted that heavy metals were not as much of a concern as VOCs, presumably due to their resistance to vaporization. Even though transmission by air is not as tightly controlled as transmission by water or land, for the four reasons noted above, there is little risk of transmission by air--i.e., dust, aerosol, or gas--when the specific properties of likely pollutants are considered. In all but five respects, then, Republic has provided reasonable assurance that public health will not be endangered by pollutants released from the landfill by water, land, or air. First, to provide reasonable assurance concerning public health, the Permit needs a condition that prohibits spraying leachate during windy conditions, which DEP may define as it reasonably sees fit. As noted in the Conclusions of Law, this is a requirement in the rules and, due to its importance, should be restated explicitly in the Permit, which restates numerous other rule requirements. Second, to provide reasonable assurance concerning public health, the Permit needs more frequent monitoring of leachate water quality, at least at the frequency, as noted in the Conclusions of Law, set forth in the rules. Large volumes of untreated leachate will be recirculated through the landfill. Even if aerosol transmission is controlled, transmission by evaporation of some pollutants, although not the heavy metals, is possible. Also, pollutants are concentrated in recirculated leachate and thus the consequences of transmission into groundwater or surface water, however unlikely, become greater. At the same time, the action leakage rate is generous--to Republic, not the groundwater. At 100 gallons per acre per day, Republic is not required to report to DEP possible liner leakage until about 7300 gallons per day are lost to the surficial aquifer. Suitable for the detection of catastrophic failures associated with most sinkholes, this action leakage rate is too high to trigger action for small liner leaks. If Republic is to be allowed this much leakage into the groundwater, it must identify the leachate's constituents and their concentrations at least semi-annually. Third, to provide reasonable assurance concerning public health, the Application must extend the right of split testing to all of the parties in these cases, if DEP fails to exercise its right to take a split sample. The spraying of untreated leachate and generous limit applied to liner leakage before reporting and remedial action are required underscore the importance to public health of independent leachate testing. There is no reason to allow budgetary constraints or administrative oversight to preclude Petitioners and Intervenor, who are uniquely situated to suffer from the escape of excessive pollutants in the leachate, from providing, at their expense, this independent leachate testing. Fourth, to provide reasonable assurance concerning public health, the Permit needs to restate accurately the language of the rules concerning the extent of knowledge required of Republic, if it is to be liable for the acceptance of certain prohibited wastes. Fifth, to provide reasonable assurance concerning public health, the Permit needs to be modified to ensure that at least one spotter, whose sole responsibility is spotting, will be assigned to each working face while the landfill is receiving waste. Sinkholes The sinkhole issue arises in the geotechnical analysis of the sufficiency of the foundation to support the considerable loads of a landfill and also in the stability of the side slopes of the landfill. This analysis starts with consideration of the geology of the area, of which Republic's property is a part, and, among other things, the potential for sinkhole formation in the area. The Cedar Trail Landfill lies within the Bartow Embayment and along the eastern slope of the Lakeland Ridge of the Central Lake District Physiographic Province. This embayment is a large erosional basin partially backfilled with phosphatic sand and clayey sand of the Bone Valley Member. At this location, the top of the Floridan Aquifer is formed by Suwannee Limestone, which consists of white to tan, soft to hard, granular, porous, very fossiliferous limestone with interbedded dolomite. This rock unit is 110-140 feet thick. Atop the Suwannee Limestone sits the Hawthorne Group, which comprises the Arcadia Formation, at the base of which is the Nocatee Member, which is a relatively impermeable sand and clay unit. Atop the Nocatee Member is the Tampa Member, which consists of hard, dense, sandy, locally phosphatic, fossiliferous limestone. The top of this member, which is the top of the Arcadia Formation, is locally referred to as the "bedrock complex," which marks the lower limit of phosphate mining. Atop the Arcadia Formation, still within the Hawthorne Group, sits the Peace River Formation, which consists of phosphatic clayey sand and clayey sand. The lower portion of the Peace River Formation is a relatively impermeable, undifferentiated clayey unit locally known as "bedclay." The Bone Valley Member of the Peace River Formation is mined for phosphate and is locally known as "matrix." Atop of the Peace River Formation are undifferentiated surficial soils, typically consisting of silty sand, clayey sand, and some hardpan and organic soils. These materials are locally known as "overburden." Phosphate mining is prevalent in the area, including, as noted above, much or all of the Cedar Trail Landfill site. Strip mining for phosphate normally removes the entire surficial aquifer, just into the bedclay. Mined areas are then backfilled with overburden spoil soils, clay, waste clay, and sand tailings. After backfilling, the soil strata bear little resemblance to premining strata. Sinkholes are prevalent in the general area surrounding the Cedar Trail Landfill. A sinkhole is a surface depression varying in depth from a few feet up to several hundreds of feet and in area from several square feet to several acres. Sinkholes are typically funnel-shaped and open broadly upward. Sinkholes form when weakly acidic groundwater creates cavities in the calcium carbonate within limestone. Soils above these cavities erode into the cavities. In the area that includes the Cedar Trail Landfill, cover-collapse and cover- subsidence sinkholes predominate among sinkhole types. A cover-collapse sinkhole, which is typically steep- sided and rocky, forms when cohesive soils over a limestone cavity can no longer bridge the cavity under the weight of overlying soil and rock. At this point, the cohesive soils suddenly collapse into the cavity. These are more common in the part of the state in which the Cedar Trail Landfill is located. A cover-subsidence sinkhole occurs due to the gradual lowering of the rock surface as solutioning occurs in the subsurface rocks. This type of sinkhole develops as subsurface soluble rock is dissolved and overlying soils subside into the resulting shallow surface depressions. Regardless of the type of sinkhole, borings into sinkholes will reveal zones of very loose soil sediments that have washed downward into the cavernous voids within the bedrock. This very loose soil zone is called a raveling zone, which starts at the limestone layer, as the overlying soils begin to collapse into the solution features within the limestone. As the loosening works its way upward toward the surface, it eventually results in the subsidence of the ground surface and formation of a sinkhole. Considerable sinkhole activity has taken place in the immediate vicinity of Republic's property. Most visibly, a sinkhole formed in 2006 in 285-acre Scott Lake, 4.5 miles northwest of the landfill. This sinkhole drained the entire lake and destroyed several structures. The Florida Geological Service sinkhole database, which consists of anecdotal reports of sinkhole activity, some of which are unverified, includes 49 sinkholes within five miles of the proposed landfill. Two documented sinkholes have occurred within .17 mile of the landfill--one of which is reported to be 125 feet in diameter and 80 feet deep. Based upon the information contained in the preceding paragraph, Clint Kromhout, a professional geologist with the Florida Geological Survey, opined on August 23, 2009, that the potential for sinkhole formation "within the proposed site and surrounding area" is "low to moderate." Mr. Kromhout does not provide a definition of "low," but part of his opinion is shared by the Golder Report, which agrees that the sinkhole potential on the proposed site is "low." The potential for sinkhole formation in the general area surrounding the proposed landfill, as distinguished from the site itself, is at least moderate. In their Proposed Recommended Order, Republic and Intervenor necessarily concede: "All parties acknowledge that the proposed landfill site is in a general region that has a relatively high frequency of sinkholes as compared with the rest of the state of Florida." It is misleading to characterize the area surrounding the proposed landfill as of low potential for the formation of sinkholes, unless there is another category, like "nonexistent." But characterizing the sinkhole potential of the surrounding area as moderate is not determinative of the likelihood of sinkholes at the landfill's footprint, nor is a site-specific geotechnical investigation mooted by such a characterization. Rather, characterizing the sinkhole potential of the surrounding area as moderate dictates the intensity and scope of the ensuing geotechnical investigation, if the investigation is to provide reasonable assurance of the structural integrity of the proposed landfill. Acknowledging moderate potential for sinkhole formation in the surrounding area, Republic has appropriately relied on three geotechnical reports, including three sets of boring data. The final of these reports, the Hanecki Report, is based on the collection and analysis of boring data, as well as a review of the data and analysis contained in the two earlier geotechnical reports, the Ardaman Report and Golder Report. The boring data reveal that the proposed landfill site features four units. Nearest the surface is Unit 1, which is brown to dark brown, medium- to fine-grained sand with minor amounts of clayey silt. Unit 1 is 0-10 feet thick. Next down is Unit 2, which is tan to gray, medium- to fine-grained sand with increasing silty clay or clayey silt. Unit 2 is 5-10 feet thick and generally marks the upper limit of fine-grained, granular soils (i.e., clayed sands and silty sands). Unit 3 is orange brown to yellow brown, gray and tan silty clay to clayey silt or fine sand and silty clay. Unit 3 is 5-15 feet thick. Unit 4 is gray and tan clayey silt or silty clay with minor amounts of fine sand. This material is very stiff or very dense, and most borings terminated in this unit. The few borings that penetrated this unit suggest that it may consist of dolomitic sandy clays and silts and dolomitic limestone to depths greater than 100 feet below grade. Units 3 and 4 generally mark the upper limits of low permeability/low compressibility soils. The Hanecki investigation comprised two main steps. First, Hanecki retained a subconsultant to perform electrical resistivity imaging (ERI) along 100-foot-wide transects run across the site. Any anomalies revealed by the ERIs were to be followed by standard penetration test (SPT) borings, which permit soil testing at predetermined intervals, as well as a measure of the compressibility of the soils. Compressibility is measured during the soil-testing intervals, during which the drill bit is replaced by a soil sampler. The driller records the number of blows required for a 140-pound hammer falling 30 inches to produce 12 inches of penetration. The value is expressed in N-values, where N represents the number of such blows. Looser soils produce lower N values. Another important piece of information obtained during SPT boring is the partial or total loss of circulation fluid during drilling. While the drill is penetrating soil, a slurry circulates through the borehole to prevent the collapse of the sides of the hole. This slurry is recycled during drilling, but, if the drill encounters a void, all or part of the circulation fluid is lost. The ERI survey revealed no real anomalies because of a narrow range of resistance values. However, taking relatively small differences in resistivity as an anomalies, Hanecki identified 14 features of interest. At each of these locations, Hanecki performed an SPT boring. Because the ERI transects were unable to span the two onsite ponds, Hanecki added two locations for SPT borings adjacent to each side of each pond, for a total of four additional SPT borings. At the request of DEP, Hanecki added a nineteenth SPT boring at Golder site G-11, which had revealed low N-values during Golder's borings. Hanecki extended the borings into "refusal" quality soil, which was defined as soils requiring more than 50 blows of the 140-pound hammer to achieve six inches or less of penetration. All of Hanecki's SPT borings encountered very hard limestone. Among the most significant findings of Hanecki's borings, only one boring, G-11, experienced any circulation fluid loss, and this was estimated at 50 percent. However, it is more likely that this partial circulation fluid loss is due to loosely deposited sands than a void that might be indicative of conditions suitable for sinkhole formation. Not all circulation losses indicate voids that that will result in sinkhole formation. Also significant among Hanecki's findings is a clayey soil, or bedclay, at every SPT boring, which severely limits hydraulic recharge to the limestone. By impeding vertical migration of surface and shallow subsurface water to the limestone layer, this bedclay "greatly inhibits limestone erosion." This bedclay also supports the looser soils above the bedclay and thus prevents raveling, without which sinkholes cannot form. Two borings--G-11 and F3-1--lacked a layer of Unit 3 or 4 soil above the limestone, but Hanecki concluded that the Unit 2 layers above the limestone at these locations contained sufficient clay or clayey sand to serve the same functions of impeding the downward movement of groundwater and preventing the downward movement of loose soils. This conclusion appears reasonable because Unit 2 is the uppermost reach of the finer- grained materials, of which clays and silts are examples when compared to sands. There is obviously some variability in the distribution of finer- and coarser-grained materials within each occurrence of Unit 2 soils. Hanecki's findings indicated intervals of loose soils, sometimes at depth, which typically would suggest raveling zones. At the proposed location, though, these findings do not support raveling due to the underlying bedclay layer and the history of mining, which probably introduced looser soils typically found closer to the surface through the entire 40-foot depth of the mine cut. Based on these findings, the Hanecki Report concludes that, regardless of at least moderate potential for sinkhole potential in the area, the footprint of the proposed landfill has an acceptably low risk of sinkhole development to permit development of the proposed landfill. This is a reasonable conclusion because it is supported by the data collected by Hanecki and his reasoned analysis of these data. Hanecki's conclusion is also supported by the data and analysis contained in the Golder Report and Ardaman Report, which are based on an additional 84 SPT borings, post- reclamation. Only about 12 percent of these SPT borings reached the limestone, and they cover all of Republic's property, not merely the footprint of the proposed landfill. Even so, these borings confirm two important findings of the Hanecki Report. First, they produced data indicative of an extensive bedclay layer intact on Republic's property. Second, the Ardaman and Golder borings reveal only two or three instances of partial circulation loss that, like the sole occurrence of partial circulation loss in the Hanecki borings, are located on Republic's property, but outside the footprint of the proposed landfill. Republic has provided reasonable assurance that the site will provide an adequate foundation for the proposed landfill and sinkholes are unlikely to undermine the structural integrity of the proposed landfill.
Recommendation It is RECOMMENDED that the Department of Environmental Protection enter a final order granting the Construction Permit and Operation Permit, but only if the Operation Permit is modified by the addition of the five items identified in paragraphs 172, 174, 175, 181, and 187. DONE AND ENTERED this 8th day of October, 2010, in Tallahassee, Leon County, Florida. S ROBERT E. MEALE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 8th day of October, 2010. COPIES FURNISHED: Lea Crandall, Agency Clerk Department of Environmental Protection Douglas Building, Mail Station 35 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Tom Beason, General Counsel Department of Environmental Protection Douglas Building, Mail Station 35 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Mimi A. Drew, Secretary Department of Environmental Protection Douglas Building, Mail Station 35 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Ronald L. Clark, Esquire Clark, Campbell & Mawhinney, P.A. 500 South Florida Avenue, Suite 800 Lakeland, Florida 33801-5271 William D. Preston, Esquire William D. Preston, P.A. 4832-A Kerry Forest Parkway Tallahassee, Florida 32309-2272 Jennings Kemp Brinson, Esquire Clark, Campbell & Mawhinney, P.A. 500 South Florida Avenue, Suite 800 Lakeland, Florida 33801 Sean R. Parker, Esquire Boswell & Dunlap, LLP 245 North Central Avenue Bartow, Florida 33830-4620 Ralph A. DeMeo, Esquire Hopping, Green, & Sams, P.A. 119 South Monroe Street, Suite 300 Tallahassee, Florida 32301 Stanley M. Warden, Esquire Department of Environmental Protection 3900 Commonwealth Boulevard, Mail Station 35 Tallahassee, Florida 32399-3000 Paula L. Cobb, Esquire Hopping Green & Sams, P.A. Post Office Box 6526 Tallahassee, Florida 32314 John W. Frost, Esquire Frost Sessums Van den Boom & Smith, P.A. Post Office Box 2188 Bartow, Florida 33831 John Stanley Fus Highland Lakes Estates HOA 2190 Boardman Road Bartow, Florida 33830
The Issue Whether the Petitioner's request for variance should be granted.
Findings Of Fact Petitioner owns an undeveloped parcel of land in Palm Beach, County which is zoned industrial and on which he intends to construct a storage building to house and repair farm equipment. To provide sewage treatment at the site, Petitioner had designed an on site sewage disposal system and applied for a septic tank permit which was denied as was his variance request. The closest public sewage treatment plant to the property is over five miles from the site, and the closest private treatment is approximately three miles from the subject site. Petitioner has no easement to either site if capacity were available and if he chose to connect. However, the proof did not show capacity at either site. Although Petitioner does not intend to pollute the groundwater, the proof demonstrated that waste disposal into a septic tank from the maintenance and repair of farm equipment could result in the disposition of prohibited hazardous waste into the groundwater. Alternative methods of waste disposal are available which would properly dispose of the waste and, yet, protect the groundwater from contamination by hazardous waste. Such systems include certain aerobic treatment units and package plants. The monetary costs of these systems is greater than the septic tank proposal; however, the proof did not demonstrate that the cost was prohibitive or a hardship. Although the hardship, if any, caused by the denial of the variance was not caused by Petitioner, the proof failed to demonstrate lack of reasonable alternatives of waste disposal and the absence of adverse effect of the operation to the groundwater. Additionally, the proof failed to establish the ameliorating conditions of soil, water table or setback conditions although a survey of the property dated September 3, 1985, indicates that the subject parcel was not platted. Accordingly, the denial of the variance was proper.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered denying the variance. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 6th day of July 1989. JANE C. HAYMAN Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of July 1989. COPIES FURNISHED: Lee B. Sayler, Esquire 50 South U.S. Highway One Suite 303 Jupiter, Florida 33477 Peggy G. Miller, Esquire Department of Health and Rehabilitative Services 111 Georgia Avenue Third Floor West Palm Beach, Florida 33401 Sam Power, Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 Gregory L. Coler, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 John Miller General Counsel Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700
Findings Of Fact Respondent, Textron Petroleum Products Company, Inc., has applied for a construction permit to construct a sanitary landfill in Sections 3 and 10, Township 1 North, Range 2 East, Leon County, Florida. The proposed site consists of ninety (90) acres and is approximately 2,000 feet from U.S Highway 90 at Its closest point to that highway. The application is in proper form and contains all information required by the Department of Environmental Regulation. towns and areas to be served by the application are the City," of Tallahassee and Leon County. The facility is designed to serve a population of 135,000 people. Although evidence was presented for the purpose of showing that the City of Tallahassee and Leon County, as governmental entities, do not intend to use the proposed sanitary landfill as an "official" landfill site for those governmental bodies, this evidence did not establish that the area to be served and the population to be served by the proposed sanitary landfill is other than that stated above. The applicant, Textron Petroleum Products Company, Inc. does not have a franchise from any county, municipality or other governmental agency with regard to solid waste resource recovery and management responsibilities. The applicant, Textron Petroleum Products Company, Inc., had not, at the time of hearing, posted a performance bond or other approved security with the agency within whose jurisdiction the proposed site is located. The "owner" as that term is used in Section 17-4.21(1)(d), F.A.C., is the applicant, Textron Petroleum Products Company, Inc. The unrebutted evidence presented,at hearing established that the applicant has a net worth of $1 million and is financially responsible. The evidence presented did not establish any violation of the State Resource Recovery And Management Program set out in Part II, Chatper 17-7, F.A.C. There is a public supply well located in the Homestead Ridge area. This system serves 38 or more customers at an averave rate of about 200,000 gallons per month. The well is located more than 2,700 feet from the site boundary of the proposed sanitary landfill. As found by the Northwest Florida Water Management District, even if the consumption of that well system were increased to 2.16 million gallons of water per month, the drawdown at a radius of 2,000 feet would be 0.13 feet. Therefore, it was concluded that the cone of influence of the public water supply does not extend under the proposed sanitary landfill site. As a condition for issuance of a construction permit the Department of Environmental Regulation proposes the requirement of a monitoring system of wells which would include a deep well located between the proposed site and the Homestead Ridge public supply, the purpose of which would be to detect the potential intrusion of leachate or other contaminants into the public water supply from the sanitary landfill. It is improbable that the proposed sanitary landfill will produce any significant quantity of leachate. However, the application proposes that if monitoring indicates that lechate control is needed, a well point system will be installed in the completed cells and underground pipe drains installed in the new cells. It further provides that, dependent upon the quantities involved, the leachate.will be transported to the City of Tallahassee Sewage Treatment Facilities for disposal or it will be treated on-site by transporting the leachate to the settling pond which will at that time be equipped with suitable aeration and chlorination equipment for treatment of the leachate. The proposed design of the sanitary landfill provides that all final discharge from the sedimentatlon pond will conform to the water quality standards set out in Chapter 17-3, F.A.C, even though this may require the constrjction of treatment equipment by the applicant. The application, at pages 12 and 14,.provides for the equipment to be used on-site in the operation of the proposed sanitary landfill as well as for the method of providing adequate site supervision. No evidence was presented showing these provisions to be other than adequate. The evidence presented did not establish that the utilization of U.S. Highway 90 by vehicles transporting waste to the proposed sanitary landfill would create any unusual 0rincreased traffic and safety hazard. The application, at page 3, proposed the installation of electronic signalization equipment to alleviate any hazard which might be created by traffic using the proposed site. No evidence was presented showing this proposal to be inadequate. According to a letter to Mr. James Barrineau, Leon County Department of Pollution Control, from Mr. Mark Stamps, Assistant Zoning Director, Tallahassee Leon County Planning Department, the proposed site is currently zoned Agricultural 2. The letter further states that an Agricultural 2 zoning allows a sanitary landfill as a permitted use. A small portion of the proposed sanitary landfill site is open to public view from,U.S. Highway 90 which is a major thoroughfare. It was estimated by a witness that the distance to the proposed site from that section of U.s. Highway 90 from which the site was open to public view was one (1) mile. An examination of the plot plan of.the proposed site contained in the application shows that at the closest point, the site boundary is approximately 2,000 feet from U.5 Highway 90. The site is screened from public view from most places on Highway 90 by the existing topography and ground cover.
Findings Of Fact This proceeding concerns an application for authority to construct and operate a 20-acre Class I, Class III, and an asbestos municipal solid waste landfill, as well as to close an existing 25.5-acre Class I municipal solid waste landfill located in Holmes County, Florida. This facility would function as a new regional landfill, in part, to replace the existing landfill in Holmes County. The applicant, EPAI, is a Florida corporation formed for the purpose of constructing and operating the proposed facility. EPAI has an option to purchase the site involved from its present owner, which will be accomplished after the facility is permitted, if it is, and all necessary permits for construction and operation have been obtained, then the applicant will sell stock in its corporation to City Management Corporation (City) domiciled in Detroit, Michigan. EPAI will then continue to exist as a wholly-owned subsidiary of City and will proceed to construct and operate the new landfill and initiate and complete all closure operations for the existing landfill. The Department of Environmental Regulation is an agency of the State of Florida subject to the provisions of Chapter 120, Florida Statutes, and charged with enforcing the provisions of Chapter 403, Florida Statutes, and Chapter 17- 701, FAC, as pertinent to this proceeding. It is thus charged with regulating solid waste management facilities, including permitting their construction, operation, and closure. It is charged with reviewing applications for such projects and issuing permits therefor if the statutes and rules it is charged with enforcing are found to have been complied with by a permit applicant. It has performed that function in this case up until the point that jurisdiction of the permit application dispute engendered by the filing of the subject petition resulted in transfer of the matter to the Division of Administrative Hearings. The Petitioner, CVA, is a group of Holmes County citizens opposing issuance of the landfill permit at issue. Based upon rulings on the motions to dismiss and extant law, CVA was required to present proof of its standing at the final hearing held in this cause. CVA called two witnesses, neither of whom presented evidence relevant to the issue of standing. CVA did not present any evidence, either through testimony or exhibits, to identify its members, to establish that a substantial number of its members would be affected by the issuance of the permit and the construction and operation of the landfill nor evidence which would identify members whose substantial interests will be affected by the construction and operation in a way different from any effect on the interests of the public at large. Project Background Holmes County currently leases a site on which its existing landfill is located. The site consists of 84 acres owned by Stone Container Corporation, the successor in interest to International Paper Company. The existing landfill itself covers approximately 25.5 acres. The proposed facility to be located on the same tract would serve as a new regional landfill to meet the solid waste disposal needs of Holmes County, as well as surrounding counties. The proposed facility would consist of approximately 20 acres divided into Class I, Class III, and asbestos landfill facilities. The project will be located on To Shoo Fly Bridge Road, lying approximately 3.3 miles northwest of the City of Bonifay in Holmes County. The northern portion of the present landfill is an unlined cell operated by the county which began receiving waste in 1979 and ceased depositing waste sometime in 1987. The southside cell of the landfill is clay lined with a leachate collection system. That portion of the county facility ceased accepting waste sometime in 1990. Holmes County is unable to properly operate or to close the existing landfill. Consequently, in June of 1989, the county and the Department entered into a consent order whereby the county agreed to meet certain operational, groundwater monitoring, landfill cell design, administrative and other requirements within certain time periods. The county attempted to meet the terms of that consent order but was unable to do so, primarily for financial reasons. In 1990, the county applied to the Department for a permit to close the existing landfill in accordance with the pertinent provisions of Chapter 403, Florida Statutes, and Chapter 17-7, FAC. The closure permit application was denied by Department order of May 22, 1991. Waste disposal at the Holmes County landfill had ceased in 1990, but it has not been properly closed pursuant to law and Department rules. Currently, it only has a temporary cover of soil and seeded grass in order to stabilize its slopes on the portion of the landfill commonly known as the "highrise". The closure costs for the existing landfill were estimated at approximately $700,000.00, which is beyond the resources of the county. Residents of unincorporated Holmes County currently are disposing of their solid waste by hauling it to the regional landfill in Campbellton in Jackson County nearby or by dumping it in unauthorized disposal areas, such as streams or roadsides. The City of Bonifay disposes its solid waste in the Campbellton landfill, as well. The Campbellton landfill, however, does not accept several solid waste components, such as yard trash. Since the county was unable to obtain the necessary permits to either operate or to close the existing landfill and was unable to meet State-mandated solid waste disposal and recycling requirements, it entered into an agreement with EPAI in May of 1990, whereby that entity assumed financial and legal responsibility for closure of the existing landfill, including obtaining the necessary permits from DER to close it, upon issuance of DER permits necessary to construct and operate a new Class I, Class III, and asbestos landfill at the same general site. The May 21, 1990 agreement between EPAI and the county authorized EPAI to so proceed before DER. Once EPAI obtained the permits necessary, the agreement provided that the county would surrender all right, title and interest in the 84-acre site to EPAI, convey all structures, equipment and appurtenances theretofore used by the county for its landfill operation to the corporation and to assign EPAI any legally assignable benefits which the county would receive under the 1988 Solid Waste Management Act, including recycling grants, if applicable. EPAI, the applicant, has an option to purchase the 84-acre site from Stone Container Corporation. After the issuance of any permits for closure and for construction and operation of the new facilities, the option would be exercised and the property would be conveyed by Stone Container Corporation to EPAI. Once it has purchased that property and the county has abandoned its lease on the property, pursuant to the May 21, 1990 agreement, EPAI would then hold fee title ownership and possession rights to the site. Once it obtained the necessary permits for construction and operation of the new landfill, EPAI will sell its stock to City. EPAI would then continue to exist as a wholly- owned subsidiary of City and will construct and operate the new landfill and close the existing landfill. City is a wholly-integrated waste management corporation based in Detroit, Michigan. It has been operating in the solid waste management field since 1961 and has extensive experience in landfill construction, operation and closure. It operates seven regional landfills, approximately ten transfer stations, and 30-40 residential and commercial solid waste collection companies in Michigan. It also operates hazardous waste facilities in Michigan and in Tampa, Florida. Through construction and operation of its regional landfill and hazardous waste facilities, it is familiar with and accustomed to compliance with all pertinent state and federal regulations applicable to such facilities. City holds a DER permit for its hazardous waste facility in the Tampa, Florida, area and has had a history of no major violations of applicable laws and rules. The corporation was shown to be financially sound. EPAI will operate the proposed facility, should it be permitted, as a regional landfill serving neighboring counties between Okaloosa and Jackson Counties, south to the Gulf of Mexico, and north to the Alabama border. The economic feasibility, however, was not shown to depend on interstate transport or disposal of out-of-state wastes in the landfill. Section 17-701.030, FAC, sets forth the permit submittal requirements for solid waste management facilities. CVA stipulated that EPAI met all applicable permit application submittal requirements in this section, except those in Sections 17-701.030(5)(h) & (i) and 17-701.030(7), FAC. EPAI has an option to purchase the landfill site from Stone Container Corporation, the current owner. EPAI has met the ownership requirement in Section 17-701.030(5)(h), FAC. The applicant will establish an escrow account to insure financial responsibility for closing and long-term care and maintenance of the landfill. A specific condition has been agreed to be placed in the permit requiring the applicant to submit written proof of having established financial assurance for closure and long-term care of the entire site 60 days prior to the acceptance of any solid waste at the facility and within 30 days after permit issuance for operations at the existing landfill. City has the financial ability to establish the escrow account and to provide the necessary financial assurance within 30 days after permit issuance. The applicant has thus satisfied the requirements of 17-701.030(5)(i), FAC, with regard to financial responsibility. Section 17-701.030(7), FAC, requires DER to forward a copy of the permit application to the Water Management District within seven days of receipt of the application. The Water Management District would then prepare an advisory report for DER on the landfill's potential impact on water resources with recommendations regarding disposition of the application. The Department sent the application to the Northwest Florida Water Management District, but the District did not prepare an advisory report. The administrator for the waste management program for the Department's northwest district office, who oversees solid waste facility permitting, testified that, as a matter of course, the District does not prepare an advisory report. Moreover, because the reports are advisory only, DER is not required to respond to any comments or follow any recommendations which may be made by the District in such a report. The Department normally issues solid waste facility permits as a matter of policy without having received a water management district report. 1/ Location and Site Requirements An aerial photograph of this area was prepared, as required by Section 17-701.050(4)(a), FAC. It shows the land uses, zoning, dwellings, wells, roads, and other significant features within one mile of the proposed landfill. This map shows several dwellings located within a mile of the site. The closest dwelling, as determined by aerial photograph and performance of a "windshield" survey, is approximately 2,400 feet from the site. The closest potable water well is at the dwelling located approximately 2,400 feet from the site. There are no existing or approved shallow wells within 500 feet of the proposed waste disposal areas at the landfill. Accordingly, the proposed landfill satisfies the condition in Section 17-701.040(2)(c), FAC, that solid waste not be disposed of within 500 feet of an existing or approved shallow water well. The surficial aquifer is located approximately 30 feet from the ground surface at the landfill site. The sediments in the area in which waste is to be disposed of consists of layers of clay and sandy clay having a very low vertical conductivity. The waste disposal cells will not be excavated down to the surficial aquifer. Therefore, waste will not be disposed of in ground water. Waste will not be disposed of in a sinkhole or in a limestone or gravel pit, as prohibited by Sections 17-701.030(2)(a) and 17-701.040(2)(b), FAC. The 100-year flood zone is located at approximately 120 feet national geodetic vertical datum (NGVD). The proposed landfill will be located at approximately 125 feet NGVD elevation and within a perimeter berm system. Therefore, waste will not be disposed of in an area subject to periodic and frequent flooding, as prohibited by Section 17-701.040(2)(e), FAC. The waste disposal areas are over 200 feet from Long Round Bay, the closest water body. Therefore, the 200-foot setback requirement is met. See, Section 17-701.040(2)(g), FAC. To Shoo Fly Bridge Road, on which the landfill is located, is not a major thoroughfare. There are no other major thoroughfares in the vicinity from which the landfill is visible. Accordingly, waste will not be disposed of in an area open to public view from a major thoroughfare. See, Section 17- 701.040(2)(h), FAC. The landfill site is not located on the right-of-way of a public highway, road or alley, and is not located within the bounds of any airport property. The landfill will not be located within a prohibited distance from airports, as proscribed by Section 17-701.040(2)(k), FAC. See also, Sections 17-701.040(2)(j) and (2)(i), FAC. There are no Class I surface waters within 3,000 feet of the landfill site so the setback provisions in Section 17-701.040(7), FAC, are satisfied. No lead-acid batteries, used oil, yard trash, white goods, or whole waste tires will be accepted at the Class I landfill cell. Only trash and yard trash will be accepted at the Class III cell. Therefore, the prohibitions in Section 17- 701.040(8), FAC, are not violated. A ground water monitoring plan has been developed for the landfill site, pursuant to Section 17-28.700(6), FAC, as required by Section 17- 701.050(3)(a), FAC. The original ground water monitoring plan was prepared by Post, Buckley, Schuh, and Jernigan, Inc. and submitted as part of the initial permit application. This plan addresses monitoring well placement, monitoring, and monitoring plan requirements. It proposes corrective action, as required by Section 17-28.700(6), FAC. Subsequent modifications to that plan were developed by Dr. Thomas Herbert, an expert in geology, hydrogeology, well installation and water quality monitoring. These modifications particularly address monitoring well location and provide additional assurances that the ground water monitoring plan complies with Section 17-28.700(6), FAC. These proposed modifications were submitted to DER prior to hearing. A site foundation analysis using appropriate ASTM methods to determine stability for disposal of waste, cover material, and structures constructed on site was performed and the results were submitted to DER as part of the initial application. Additional foundation stability information and the results of another field investigation regarding sinkhole development potential at the site was submitted to the Department. The field investigations and reports in evidence provide assurance that the disposal site location will provide adequate support for the landfill, as required by Section 17-701.050(3)(b), FAC. The landfill site is easily accessible by collection vehicles and other types of vehicles required to use the site. The site design provides for all weather roadways to be located throughout the site for ready ingress, egress, and movement around the site. The proposed landfill is located to safeguard against water pollution originating from disposal of solid waste. See Section 17-701.050(3)(c)2., FAC. The bottom of the waste disposal cells will be located at least six feet above the top of the surficial aquifer. To ensure that ground water is not polluted by waste disposal, the Class I cell will be lined with a composite liner system comprised of a lower unit consisting of 24 inches of compacted clay having a maximum permeability of 1 X 10-7 centimeters per second, and an upper synthetic liner unit consisting of a high density polyethylene (HDPE) of 80 mil thickness. Leachate generated by the waste in the landfill will be collected by a leachate collection and removal system. The leachate control system consists of a two- foot thick layer of sand having a minimum permeability of 1 X 10-3 centimeters per second, with a permeable geotextile filter cloth layer and a highly permeable geonet layer to collect and direct the leachate into a drainage system consisting of a collection pipe system to transfer the leachate to a containment lagoon. Once in the leachate lagoon, the leachate will be evaporated, recirculated over the working face of the landfill, or transported off site for treatment at a waste water treatment plant. The waste disposal areas are located at approximately 125 foot NGVD elevation. This is well above the 100- year flood plain and they are not located in water bodies or wetlands. An adequate quantity of acceptable earth cover is available on site. See, Section 17-701.050(3)(c)3., FAC. The soil for cover will be obtained from the northeast portion of the site located across To Shoo Fly Bridge Road from the landfill site. The landfill site was shown to conform to proper zoning, as required by Section 17-701.050(3)(c)4., FAC. The 1991 Comprehensive Plan Future Land Use Element for Holmes County designates this site for "public/semi- public/educational" land uses. The "public facilities land uses" designation includes "utilities and other service facilities" of which municipal solid waste landfills are an example. No other land use designation in the Holmes County 1991 Comprehensive Plan expressly includes landfill uses. CVA adduced testimony from Hilton Meadows, its expert witness, as to plant species he observed in the vicinity of the site. He observed plants that he identified as being species that grow on the edge of or in wetlands, but none of these species were shown to exist on the landfill site itself. Mr. Meadows observed them in locations outside the perimeter berms of the landfill site but did not identify their specific locations other than a general direction from the perimeter berms outside of which he observed the plants. He did not quantify the wetland species he observed so as to establish their dominance and did not conduct a jurisdictional wetland survey, as envisioned by Chapter 17- 301, FAC. Landfill Design Requirements As required by Section 17-701.050(4)(a), FAC, an aerial photograph was submitted with the permit drawings. Plot plans were submitted with the permit application, in evidence as EPAI exhibit 1, showing dimensions of the site, location of soil borings, proposed trenching or disposal areas, original elevations, proposed final contours, and previously-filled waste disposal areas. Topographic maps were also submitted with the correct scale and contour intervals required by Section 17-701.050(4)(c), FAC, which show numerous details such as proposed fill areas, borrow areas, access roads, grading, and other details of the design and the site. The design plans also include a report on the current and projected population for the area, the geographic area to be served by the landfill, the anticipated type, quantity and source of the solid waste, the anticipated useful life of the site, and the source and characteristics of cover materials. The landfill will be a regional facility serving the residents of Holmes and surrounding counties. The current population of the area to be served is approximately 63,183 with the projected population for the year 2000 being 76,792. The landfill will receive municipal sanitary solid waste, asbestos, petroleum-contaminated soils, and yard trash. It will not receive used oil, lead-acid batteries, biomedical wastes, hazardous wastes, or septic sludge. The permit application was shown to satisfy all design requirements of Section 17-701.050(4), FAC. Geology, Hydrogeology, and Foundation Stability Dr. Thomas Herbert, a registered professional geologist and licensed well driller in Florida testified of geologic and hydrogeologic investigations and analyses he performed. Mr. Herbert has over 25 years experience in the fields of geology and hydrogeology and was tendered and accepted as an expert in those fields. Dr. Herbert drilled shallow and deep core borings, which were converted into monitor wells to monitor ground water in the surficial and deep aquifers under the landfill site. In addition, he drilled several medium-depth borings along the western boundary of the site to analyze geologic and hydrogeologic conditions in this area, which is the portion of the site closest to Long Round Bay. Dr. Herbert used a hollow stem auger to take the soil borings and install the monitoring wells. This is a device which allows sampling tools to be placed down a hollow drill barrel for more accurate sediment sampling. Dr. Herbert used a continuous sampling system wherein a five-foot core barrel sampled the soil conditions ahead of the turning drill auger. Continuous sampling is preferable to other types of soil sampling equipment because it provides a detailed representative sample of the soil on the site and enables the sampler to precisely determine whether soil materials occur in small thin layers or bands on the site or whether there is a massive deposit of relatively uniform soils. The continuous sampling method also minimizes mixing of soils and creates an undisturbed profile that can be examined once the core barrel is opened. This type of sampling yields a very accurate picture of soil conditions on the site. In addition to the borings taken on the site by Dr. Herbert, other core borings were taken on site by Ardaman & Associates, a geotechnical engineering firm, for the purpose of analyzing the site foundation to determine the site's stability and potential for developing sinkholes. These core boring profiles were analyzed, along with those performed by Dr. Herbert, in determining the site geologic and hydrogeologic conditions. In addition to the core borings, Dr. Herbert reviewed studies on the geology and hydrogeology of the area, as well as the field investigations reported by Post, Buckley, Schuh, and Jernigan, as part of the original permit application submittal. In order to gather additional information on the geology and hydrogeology of the site, gamma ray logging was performed on the wells installed by Dr. Herbert, as well as on the existing wells at the site. Gamma ray logging measures natural gamma radiation from the sediments and permits identification of soil type based on the amount of gamma radiation coming through the soils. Generally, the higher the clay content, the higher the gamma ray count. Gamma ray logging provides an accurate means for determining clay, sand, or sandy clay soils. By examining gamma ray logs of wells he installed and sampled, as well as for wells already existing on the site, Dr. Herbert was able to obtain extensive information about the subsurface soil conditions at the site. Based on these information sources, the geology of the site was determined. The sediments ranging from the surface of the site down to more than 100 feet below the surface are part of the citronelle formation, which consists of consolidated to partially cemented sand, silt, and clay sediments, called clastics, deposited in the Plio-Pleistocene age, between one and four million years ago. The citronelle formation at the site is predominantly clay, with some thin sand lenses running through the clays. The sand lenses or "stringers" grade laterally into the clays or silts. A surficial aquifer is located between 30 and 40 feet below the land surface at the site and is confined immediately above and below by dense, dry clay layers. The top confining unit is estimated to be approximately 10 feet thick. The lower clay confining unit, down to approximately 100 feet below the land surface, consists of dense, dry clays with thin units of sandy or silty clays or clayey sands. Below the citronelle foundation, at approximately 100 feet below land surface, there is a sequence of weathered carbonate rock or mud, termed "residuum". This material is too fine-grained to yield water in usable quantities. Competent limestone is first encountered below the carbonate "residuum" at approximately 262 feet below the surface. This limestone is likely part of the lisbon- tallahatta formation, which is part of the Claiborne Aquifer. In order to investigate an area in the western portion of the site depicted in the Post, Buckley report as being sandy, Dr. Herbert installed a deep core boring and analyzed the soils in that area. He thus determined that rather than being solid sand, as depicted in the Post, Buckley report, the sediments in this area are actually sands interbedded with clay and silt stringers, which decrease the sediments' horizontal and vertical conductivity. He determined that the area is a sandy channel bounded laterally and below by dense clays. As with the rest of the site, the surficial aquifer also is confined in this area. As part of his ground water monitoring plan recommendations, Dr. Herbert recommended installation of an additional monitor well in this area. The core borings and gamma ray logging allowed accurate determination of the site hydrogeology. Transient surface water, termed "vadose" water, percolates down from the land surface through layers of clay, sand, and silt. Within these sediment layers, there are lenses of clay ranging from a few inches to a foot thick. Vadose water is trapped on top of the clay layers, creating shallow saturated zones called "perched" zones, ranging from one to a few inches thick. The vadose water and perched zones are not connected to any ground water systems. Below these perched zones, dense, dry clay layers create a confining layer above the surficial aquifer. The surficial aquifer occurs in discontinuous sandy layers 30 to 40 feet below the land surface. Beneath the surficial aquifer, dense, dry clay layers form a lower confining unit. These confining clay layers overlying and underlying the surficial aquifer create pressure or hydraulic "head", on the water in the surficial aquifer. When a core boring or well penetrates through the upper clay confining layer, the water in the surficial aquifer rises up the well or core casing, due to the hydraulic head, to a level called the potentiometric surface, which is at a higher elevation than the elevation at which the surficial acquifer is actually located. Based on the confined nature of the surficial aquifer, it was determined that water table elevations reported in the hydrogeologic report initially submitted as part of the application are actually potentiometric surface elevations. This is consistent with the information provided in the additional information submittal as part of the permit application which indicates that the potentiometric surface at the landfill site may be five to seven feet below the bottom of the liner. This was confirmed at hearing by Mike Markey, a professional geologist with the Department, who reviewed the permit application and hydrogeologic report submitted by Dr. Herbert and prepared a memorandum dated September 2, 1992, stating that his "previous concern regarding separation of the 'water table' aquifer and HDPE liner is no longer an issue because the 'water table' aquifer was not found" by Dr. Herbert. The surficial aquifer on the landfill site cannot yield enough water to support long-term use as a potable water source. Due to the high clay content in the aquifer, the water has a high sediment content and low water quality, rendering it unusable for domestic purposes. The overall horizontal conductivity for the surficial aquifer on a site-wide basis is estimated to be low due to the discontinuous sand layers comprising the surficial aquifer on the site. While some zones within the aquifer may have high horizontal conductivity, these zones have limited lateral extent and change rapidly into zones of low horizontal conductivity. The steep hydraulic gradient from the highest to lowest areas of the site further indicates that the surficial aquifer has low horizontal conductivity. If water were rapidly moving through the surficial aquifer across the site, the hydraulic gradient would be much less steep. The presence of the hydraulic gradient across the site indicates that the clay in the surficial aquifer system is so pervasive that the water in that system essentially is stagnant. Based upon his extensive experience and familiarity with the clastic sediments like those found at the landfill site, Dr. Herbert estimated the vertical permeability of the sediments comprising the upper and lower confining layers of the surficial aquifer to be in the range of 1 X 10-6 to 1 X 10-8 centimeters per second. These projected permeability values are very low, thus, very little water is moving vertically through the surficial aquifer to deeper depths. The original hydrogeology report on the site submitted as part of the application indicated that the ground water flow is to the west, southwest, and northwest based upon monitoring well and piezometric data. Dr. Herbert's subsequent field investigations confirmed the ground water flow direction as reported in the permit application. Dr. Herbert estimated that the surficial aquifer will be located between 8 and 15 feet below the finished bottom elevation of the Class I waste disposal cell. The intermediate aquifer system is located beginning 80 or 90 feet below the landfill site and is defined as all strata that lie between and retard the exchange of water between the surficial aquifer and the underlying Floridan aquifer, including the lower clay confining unit directly underlying the surficial aquifer. In this part of west Florida, the intermediate system is estimated to be 50 to 60 feet thick and acts as an "aquatard", which means that it retards the passage of water from the surficial aquifer to lower levels. The standard penetration test (SPT), which is an engineering test of soil density, yielded values of 40 to 50 blows per inch for soils sampled in the top 20 feet of the intermediate system throughout the site. These SPT values indicate the soils in the intermediate system are extremely dense, over-compacted clay materials. Below the clays, the lower portion of the intermediate system consists of a weathered limestone residuum. Due to the extremely fine grain size of the residuum, it will not yield water in quantities sufficient to support a well. The deep core borings taken at the site indicate that the Floridan aquifer limestone underlying the landfill site has undergone paleokarst evolution. The underlying limestone has been dissolved away over a long period of time, creating the limestone residuum detected in the deep core borings. Based on the deep core borings taken at the site, Dr. Herbert concluded there is no competent Floridan aquifer limestone capable of supporting wells underlying the landfill site, and the Floridan aquifer either is not present under the site or exists only as a relict or remnant of the limestone formations that make up the Floridan aquifer system in other parts of Florida. The core borings taken on site indicate that the paleokarst terrain underlying the landfill contains no cavities, large openings, sinkholes or other features in the rock that could cause the landfill foundation to collapse. All karst features in this area are filled in and "healed" by the carbonate residuum overlying the limestone under the landfill. Dr. Herbert also investigated the geologic nature of Long Round Bay. In addition to reviewing literature regarding the geology of west Florida in the vicinity of Holmes County and topographic maps depicting the site, Dr. Herbert took at least one sediment core boring in Long Round Bay and also circumnavigated the perimeter of the Bay. Based on information from these sources, Dr. Herbert opined that Long Round Bay, like many other drainage basins in the area north of Bonifay, is a collapse feature of the paleokarst sequence in the vicinity, and is a topographic depression caused by weathering away of the limestone over time. The sediments underlying Long Round Bay consist of deep citronelle clays washed into the collapse feature. Long Round Bay is relatively flat with poorly defined outlets and receives surface drainage from the surrounding area. Because there are no defined channels connecting Long Round Bay to Wright's Creek, water movement from Long Round Bay into Wright's Creek is extremely slow. Long Round Bay is likely not an aquifer recharge area because there is no direct karst connection between Long Round Bay and any aquifer. Clays have run off the surrounding area and accumulated in Long Round Bay for thousands of years sealing off any connections between it and any underlying aquifer. In addition to Dr. Herbert's determination of the potential for active karst formation under the landfill site, Ardaman & Associates performed the foundation analysis of the site, as required by Section 17-701.050(3)(b), FAC. The foundation analysis was supervised by William Jordan, a registered professional engineer. He has an extensive education in geotechnical engineering, as well as 11 years of experience in that field. He was tendered and accepted as an expert in geotechnical engineering and materials testing. As part of the foundation analysis, Ardaman & Associates performed two deep core borings to determine the potential for development of sinkholes at the site. Both borings were taken on the western side of the landfill site, closest to Long Round Bay. One of the borings was performed in an area having a relatively high sand content in the soil, as identified in the hydrogeology report submitted in the permit application. The borings were drilled down to approximately 160 feet below the surface, to the top of the weathered limestone horizon. In Mr. Jordan's extensive experience in foundation testing and analysis, presence or potential for sinkhole development is usually evident at the horizon of the limestone or within the top 15 feet of the limestone. The core borings did not reveal any joints, open seams, cavities, or very loose or soft zones at the horizon or on top of the limestone. In addition, the sediments overlying the limestone horizon were determined to consist of medium dense to dense and medium stiff to stiff sediments, which indicate lack of sinkhole activity or potential. No indication of active or imminent sinkhole conditions were found on the site, either through the core borings or from surficial observation. In addition to the deep core borings, Ardaman & Associates, under Mr. Jordan's supervision, also performed four other core borings to a depth of 60 feet below the land surface. These borings indicated the sediments at the site are composed of clayey sands, very clayey sands, "lean" sandy clays, and sandy "fat" clays. The SPT tests performed on the soils indicate the site soils range from medium to high density and are stiff to very stiff and hard. Mr. Jordan performed a settlement analysis of the landfill based on the types of sediments present on site and assuming a compacted unit weight of 37 pounds per cubic foot for the landfill waste. This unit weight is a typical weight value for compacted municipal waste. For settlement analysis, Mr. Jordan used the SMRF elastic compression and consolidation methods, both of which are professionally accepted standard methods for determining settlement of large structures, including landfills. Using these methods, he determined that the total settlement for the landfill over its total life would be between three and five and one-half inches. Based on the uniformity of the subsurface conditions and density of the soils on the site, any settlement would be uniform and thus would not result in tearing or other failure of the landfill liner. Mr. Jordan performed a bearing capacity analysis of the site. Based on the sediments on site, he estimated the safety factor against bearing capacity to be in excess of 10. The minimum acceptable safety factor for large habitable structures, such as buildings, is in the neighborhood of two to three. Thus, the safety factor determined for the landfill site far exceeds the minimum standard for bearing capacity. Mr. Jordan performed an embankment slope stability analysis for the perimeter berm of the landfill. The inside slope of the perimeter berm has a 3:1 slope and the outside slope has a 4:1 slope. Mr. Jordan's stability analysis was performed on the inside slope of the berm which is steeper and, therefore, less stable. Due to the stability of the clay sediments composing the subgrade of the perimeter berm, and based on his extensive experience in slope stability analysis, Mr. Jordan determined there is no danger of deep circular arc failure of the landfill berm. He used a professionally accepted standard slope stability evaluation method called the "infinite slope" method, to analyze the probability for shallow circular arc failure of the berm. He determined a safety factor of 2.0 to 2.4 for the embankment slope, which is between 1.5 and 2.0 times greater than the minimum accepted safety factor of between 1.3 and 1.5 for embankment slopes. Mr. Jordan also performed an analysis of the site subgrade stability for compaction. Mr. Jordan's analysis showed that the stiff or medium dense silty to clayey sands and clays on the site provide a stable base against which compaction over the life of the landfill can safely occur. Based on the foundation analysis performed by Mr. Jordan on the landfill site, it is evident that the landfill will not be located in an open sinkhole or in an area where geologic foundations or subterranean features will not provide adequate support for the landfill. (See Section 17-701.040(2)(a), FAC). The foundation analysis indicates the landfill will be installed upon a base or in a hydrogeologic setting capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement compression, as required by Section 17- 701.050(5)(b)2., FAC. The foundation analysis further indicates the site will provide support for the landfill, including the waste, cover and structures built on the site (See Section 17-701.050(3)(b), FAC). Section 17-701.050(5)(d)1.a, FAC, requires the lower component of the landfill liner to consist of a compacted soil layer having a maximum hydraulic conductivity of 1 X 10-7 centimeters per second. Mr. Jordan analyzed nine additional core borings to determine if the native soils on the site meet the conductivity standard in the rule or if off-site soils must be blended with on- site soils to achieve the standard. To test whether the on-site soil will meet the conductivity standard, soils were compacted to approximately 95% of the standard maximum for density, which is the industry standard compaction for soil permeability testing. The soils from eight of the nine borings taken at the site exhibited conductivity values of approximately 4.8 X 10-8 centimeters per second. This value is five times less conductive than the value required by the above-cited rule. Only one boring exhibited a conductivity value in excess of the maximum value established in the rule. Based on the conductivity values determined at the site, it is likely the native soils on the landfill site will meet or exceed the maximum conductivity value mandated in the above-cited rule. If the on-site soils do not meet this standard, then bentonite or another material from off site will be blended with the on-site soils to achieve the conductivity standard mandated by the rule. Ground Water Monitoring and Water Quality As required by Section 17-701.050(3)(a), FAC, a ground water monitoring plan for the landfill site was completed in accordance with Section 17-28.700(6), FAC. The original ground water monitoring plan was submitted as part of the application. This plan was incorporated into the notice of intent and the attached draft permit for the landfill, as part of specific condition The ground water monitoring plan subsequently was modified and supplemented by Dr. Herbert to include monitor wells required to be installed by Holmes County on the site, pursuant to the consent order entered into by the county and DER on June 26, 1989, as well as the wells installed by Dr. Herbert as part of his hydrogeologic investigation. DER established a zone of discharge for the landfill site, as required by Rule 17-28.700(4), FAC. The horizontal boundary of the zone of discharge extends to the ground water monitoring compliance wells located at the western, northern, and southern portions of the site and to a line coextensive with the eastern property line for the southeastern portion of the property. The horizontal zone of discharge boundary is located inside the western, northern, and southern property boundaries. The vertical zone of discharge extends from the land surface down to the top of the clay layer underlying the site at approximately +50 to +60 feet NGVD. These zones are established in compliance with Section 17-28.700(4), FAC. The groundwater monitoring plan provides for 15 monitor wells to be located in close proximity to the waste disposal areas and the site boundaries to monitor compliance with all applicable ground water quality standards in Sections 17-3.402, 17-3.404, and 17-550.310, FAC. Four of these wells will be located near the western property boundary to closely monitor water quality to insure contaminants do not seep into Long Round Bay. To detect contamination that may violate applicable surface water quality standards in Sections 17-302.500, 17-302.510, and 17-302.560, FAC, at the edge of and beyond the zone of discharge, the ground water monitoring plan provides for several surface water sampling points on the landfill site near the edge of the zone of discharge. If contaminants are detected in the surface water monitoring system, remediation activities can be implemented to insure the surface water quality standards set forth in the above-cited rules are not violated outside the zone of discharge. As required by Section 17-28.700(6)(g)1., FAC, the ground water monitoring plan provides for a well to be located to detect natural, unaffected background quality of the ground water. The monitoring plan also provides for a well to be installed at the edge of the zone of discharge downgradient from the discharge site, as required by Section 17-28.700(6)(g)2., FAC, and for installation of two intermediate wells downgradient from the site within the zone of discharge to detect chemical, physical, and microbial characteristics of the discharge plume, in excess of the requirement for one such well contained in Section 17-701.050(6)(g)3., FAC. The location of the other wells in the ground water monitoring plan was determined according to the hydrogeologic complexity of the site to insure adequate reliable monitoring data in generally accepted engineering or hydrogeologic practice, as required by Section 17-28.700(6)(g)4., FAC. Due to the essentially stagnant nature of the ground water in the surficial aquifer system, and given the location of the intermediate monitoring wells, any contamination detected at the site can be remediated through recovery wells before it reaches the edge of the zone of discharge. Moreover, due to the confined nature of the surficial aquifer system, there is very little free water in the aquifer. Accordingly, any contamination could be quickly removed by recovery of ground water and de-watering of the area in which the contamination is detected through remediation wells. Also, given the location of the monitoring wells on the site, the northerly direction of the surficial aquifer ground water flow on the northern portion of the site near the existing landfill, and the essentially stagnant nature of the ground water in the surficial aquifer, contamination emanating from the existing cell could be discerned from that emanating from the new cell and recovery and remediation operations directed accordingly. The DER intent to issue and draft permit specify an extensive list of parameters which must be sampled at the ground water monitoring wells and surface water sampling points on the landfill site, as required by Sections 17- 3.402, 17-302.510, 17-302.560, and 17-550.310, FAC. These parameters must be sampled and reported to DER on a quarterly basis. In addition, annual water quality reports must be submitted to DER for the site. Based on the large amounts of clay content and the low horizontal and vertical conductivity values of the on-site sediments, the stagnant nature of the surficial aquifer system, the virtual absence of the Floridan aquifer under the site, and the location of the monitoring wells, the ground and surface water monitoring program provides reasonable assurance that the applicable water quality standards in the rules cited above will not be violated within and outside the zone of discharge. Liner Design, Performance, Quality Control, and Installation Section 17-701.050(5)(d)1., FAC, requires that a composite liner and leachate collection and removal system be installed in a landfill such as that proposed. Mr. Leo Overmann, is a registered professional engineer specializing in landfill engineering. He has over 10 years experience in landfill engineering, design, and construction and has worked on the design and construction of over 50 landfill facilities and 250 landfill disposal cells. He was tendered and accepted as an expert in liner design, quality control plans, and leachate control systems design and performance. It is thus established that the composite liner will have an initial 24-inch layer of compacted clay having a maximum hydraulic conductivity of 1 X 10-7 cm/sec. The 24-inch clay layer proposed by the applicant exceeds the 18- inch minimum thickness provided in the above-cited rule and will be placed in the field in layers or lifts of six inches or less. Each lift will then be treated and compacted to proper specifications in accordance with sound engineering practice in order to insure a tight bond between the clay layers. In the process of placing the clay lifts on the site, any roots, holes, channels, lenses, cracks, pipes, or organic matter in the clay will be broken up and removed, as required by the above-cited rule. In order to insure conductivity of the clay liner component does not exceed the above figure, testing will be done at the site or off-site by constructing a "test pad". A test pad is a site at which the liner construction techniques are tested using the clay material that will comprise the lower liner unit. Once the pad is constructed, the hydraulic conductivity of the clay can be tested to determine the most suitable construction methods in order to meet the above-mentioned conductivity standard and the other design and performance standards in the rule section cited last above. The applicant's liner quality control plan provides for testing of the clay liner hydraulic conductivity and compliance with the other liner design and performance standards in the rule (See Section 17- 701.050(5)(c), FAC). A synthetic geomembrane liner consisting of high density polyethylene (HDPE) will be placed directly on top of and in contact with the clay liner. If the geomembrane should leak, the clay will then retard leachate migration. Although Rule 17-701.050(5)(d)1.a., FAC, only requires a 60-mil thickness liner, the applicant has proposed to use a 80-mil liner. The thicker HDPE liner is less susceptible to stress and wear and tear in the daily landfill operation than is the thinner 60-mil liner required by the rule. The water vapor transmission rate of the 80-mil liner will be approximately 1 X 10-12 cm/sec, which is 10 times less transmissive than the maximum water vapor transmission standard of 1 X 10-11 cm/sec established in Rule 17-701.050(5)(d)1.a., FAC. The design also provides for a drainage layer and primary leachate collection and removal system to be installed above the HDPE liner, as required by the above-cited rule. The drainage layer above the liner consists in ascending order, of a layer of geonet material having an equivalent permeability of approximately three cm/sec; a layer of non-woven, needle-punched geotextile cloth, and a two-foot thick layer of sand. The sand provides a permeable layer which allows liquid to pass through it while protecting the underlying synthetic components of the drainage system and liner. The geotextile cloth component of the drainage layer filters fine particles while allowing liquid to pass through it to the geonet layer. The geonet layer is approximately 3,000 times more conductive than required by Section 17-701.050(5)(f), FAC, so as to allow rapid drainage of leachate off of the HDPE liner. The drainage layer is designed to reduce the leachate head or hydraulic pressure on the liner to one inch within one week following a 25-year, 24-hour storm event. This was determined by use of the Hydrologic Evaluation of Landfill Performance (HELP) model. This model is the standard computer model used in the landfill design and construction industry to determine leachate depth over the synthetic liner in lined landfills. The HELP model calculations submitted in the permit application were prepared by Pearce Barrett, the EPAI landfill design engineer, an expert witness. The HELP model analyzes water and rainfall that falls on active waste disposal cells and percolates through the waste, and the model helps determine the amount of leachate that will accumulate on top of the liner. To determine this amount, the HELP model uses several parameters, including rainfall amount, landfill size, and the number of waste and protective cover layers. The HELP model in this instance involved employment of Tallahassee-collected rainfall data because long-term, site-specific data for the landfill site was not available. The Tallahassee rainfall average is greater than the rainfall average for Chipley, which is closer to the landfill site and, therefore, provides a more conservative, "worst-case" rainfall figure for employment in the HELP model calculations. The HELP is itself a very conservative model, generating a worst-case determination of the amount of leachate that will end up on top of the landfill liner. The model's analysis and calculations indicate that the leachate will be reduced to a one-inch depth on the liner within one week after a 25-year, 24-hour storm event. The landfill project design specifications, in the permit application, provide that all materials in direct contact with the liner shall be free of rocks, roots, sharps, or particles larger than 3/8 of an inch. The geonet and geotextile material are in direct contact with the top of the HDPE liner and the clay liner is located directly below the HDPE liner. The project design specifically provides that the clay material comprising the clay liner component will not contain roots, rocks, or other particles in excess of 3/8 of an inch. No waste materials thus will come into contact with the clay liner. The design specifications also provide additional protection for the liner by requiring that the initial waste placed in the landfill be select waste that is monitored and screened for such things as metal objects, wooden posts, automobile frames and parts, and other sharp, heavy objects which could tear the liner. The liner design contained in the application meets the design requirements of Rule 17-701.050(5)(d), FAC. Section 17-701.050(5)(b), FAC, requires that the liner be constructed of materials having appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients, physical contact with the waste or leachate to which they are exposed, climatic conditions, stress of installation, and daily operations. The liner is constructed of HDPE, which is superior to other types of plastic for use as municipal and hazardous waste landfill liners due to its physical and chemical properties. It is a material composed of long polymeric chain molecules, which are highly resistant to physical failure and to chemical weakening or alteration. The liner is of sufficient strength and thickness to resist punctures, tearing, and bursting. The liner has a safety factor of over seven, which is three and one-half times greater than the minimum acceptable safety factor of two, required in the Department's rules for landfill liners. The liner proposed in this instance will not fail due to pressure gradients, including static head or external hydrogeologic forces. Mr. Overmann evaluated the effects of a hydrologic head of one foot over the HDPE liner and the clay liner component and determined that the protective sand layer will insure the HDPE liner does not fail. Mr. Overmann relied on the testimony of Dr. Herbert with respect to hydrogeologic site characteristics in concluding that hydrogeologic forces will not cause liner failure. The 80-mil liner proposed by EPAI will be more resistant to the stresses of installation and daily operation than will a 60-mil liner. The two-foot sand layer above the drainage layer and the HDPE liner will also help protect the liner from stresses of daily operation. Mr. Overmann analyzed the liner's potential for failure between the point at which it is anchored on the edge of the landfill and the base of the landfill where settlement is greatest due to waste deposition. He determined that the HDPE liner would elongate on the order of one percent of its length. This is far less than 700 to 800 percent elongation required to break the liner material. Based on the site foundation analysis and the proposed liner design for the landfill, the liner will not fail due to hydrogeologic or foundation conditions at the site. The liner meets the performance requirements set forth in Rule 17-701.050(5)(b)2., FAC. The liner meets requirements that it cover all of the earth likely to be in contact with waste or leachate. The liner extends beyond the limits of the waste disposal cells to an anchor trench where the HDPE liner is anchored by soils and other materials to hold it in place during installation and operation. The liner design provides reasonable assurance that the liner performance standards contained in the above rule will be satisfied. There are no site- specific conditions at the Holmes County landfill site that would require extraordinary design measures beyond those specified in the rule cited above. The permit application includes a quality control and assurance plan for the soil and HDPE liner components and for the sand, geotextile, and geonet components of the drainage layer. A quality control plan is one in which the manufacturer or contractor monitors the quality of the product or services; a quality assurance plan is one in which an independent third party monitors the construction methods, procedures, processes, and results to insure they meet project specifications. The quality control/quality assurance plan requires the subgrade below the clay liner to be prepared to insure that it provides a dry, level, firm base on which to place the clay liner. The plan provides that low- permeability clay comprising the liner will be placed in lifts of specified thickness and kneaded with a sheepsfoot roller or other equipment. Low- permeability soil panels will be placed adjacent to the clay liner and scarified and overlapped at the end to achieve a tight bond. Each clay lift will be compacted and tested to insure it meets the specified density requirements and moisture specifications before a subsequent lift is placed. Lined surfaces will be graded and rolled to provide a smooth surface. The surface of the final low- permeability soil layer will be free of rocks, stones, sticks, sharp objects, debris, and other harmful materials. If any cracks should develop in the clay liner, the contractor must re-homogenize, knead, and recompact the liner to the depth of the deepest crack. The liner will be protected from the elements by a temporary protective cover used over areas of the clay liner exposed for more than 24 hours. The plan also provides specifications for visual inspection of the liner, measurement of in-place dry density of the soil, and measurement of hydraulic conductivity on undisturbed samples of the completed liner. These tests will be performed under the supervision of the professional engineer in charge of liner installation to insure that performance standards are met. There will be a quality control plan for installation of the HDPE liner in accordance with the DER approved quality control plan that incorporates the manufacturer's specifications and recommendations. The quality assurance and quality control plan calls for the use of numbered or identified rolls of the HDPE liner. The numbering system allows for identification of the manufacturing date and machine location, so that the liner quality can be traced to insure that there are no manufacturing anomalies, such as improper manufactured thickness of the liner. The plan also addresses in detail the installation of the HDPE liner. The liner is installed by unrolling it off spools in sections over the clay liner. As it is unrolled, it is tested for thickness with a micrometer and is visually inspected for flaws or potential flaws along the length of the roll. Flaws detected are marked, coded, and repaired. Records are prepared documenting each flaw. If flaws appear frequently, the HDPE is rejected and removed from the site. As the sheets are installed, they are overlapped and bonded together by heat fusing to create a watertight seam. As the sheets are seamed, they are tested in place by nondestructive testing methods to insure seam continuity and detect any leaks or flaws. If flaws are detected, they are documented and the seam is repaired. The seams are also subject to destructive testing, in which a sample of the seam is removed in the field and tested in the laboratory for shearing or peeling apart of the sheets. If destructive testing reveals seam flaws, additional field and laboratory testing is performed and necessary repairs are made. All tests, repairs, and retests are carefully documented, and a map depicting the location of all repairs is prepared for quality control and performance monitoring. The plan for the installation of the geonet, geotextile, and sand layers provides specifications for storage, installation, inspection, testing, and repair of the geonet and geotextile layers. The liner construction and installation will be in conformance with the methods and procedures contained in EPA publication EPA/600/2-88/052, Lining of Waste Containment and Other Impoundment Facilities, as required by Section 17-701.050(5)(a), FAC. The quality assurance and quality control plan proposed exceeds the requirements contained in Section 17-701.050(5)(c), FAC. Leachate Collection and Removal System The landfill design includes a leachate collection and removal system. See Section 17-701.050(5)(e)&(f), FAC. The leachate collection and removal system meets the requirements in the above rule by providing that the design incorporate at least a 12-inch drainage layer above the liner with a hydraulic conductivity of not less than 1 X 10-3 cm/sec at a slope to promote drainage. The drainage layer consists of a geonet layer, a geotextile layer, and a two- foot sand layer. The geonet has a hydraulic conductivity of two to three cm/sec, many times more permeable than required by the rule; and the sand layer will have a hydraulic conductivity of approximately 1 X 10-3 cm/sec. The leachate collection and removal system meets regulatory requirements contained in the above-cited rule that the design include a drainage tile or pipe collection system of appropriate size and spacing, with sumps and pumps or other means to efficiently remove the leachate. The design provides that the Class I cell will be divided into operating disposal cells. The design includes a piping system consisting of a 6-inch diameter pipe to be placed down the center of each of the operating cells and encased in a granular river rock medium. The HELP model calculations included in the permit application and evidence indicate that the leachate will be removed efficiently and effectively and that the leachate head will be maintained in compliance with the performance standards in the rule. The piping system is on a slope that drains to a central location or sump. Based on a design preference of City, the piping design will be slightly modified in the construction drawings to provide that rather than going through the HDPE liner, the leachate piping will run up the side of the cell wall and leachate will be pumped out of the cell into the leachate lagoon. The leachate collection and removal system design provides for a granular material or synthetic fabric filter overlying or surrounding the leachate collection and removal system to prevent clogging of the system by infiltration of fine sediments from the waste or drainage layer. A layer of non-woven, needle-punched geotextile will be wrapped around the granular river rock material surrounding the piping system to filter out fine particles. The design also provides a method for testing whether the system is clogged and for cleaning the system if it becomes clogged. A clean-out tool can be run through the openings in the leachate collection piping system to monitor and pressure clean the pipes if they become clogged. Thus, the leachate collection and removal system will satisfy the leachate system design requirements of Section 17-701.050(5)(f), FAC. The leachate collection and removal system will meet the performance standards in paragraph (e) of that rule, as well. The leachate collection and removal system will be located immediately above the liner and will be designed, constructed, operated, and maintained to collect and remove leachate from the landfill. The HELP model analysis and calculations indicate that the leachate depth will not exceed one foot on top of the liner. The leachate collection and removal system will be constructed of materials which are chemically resistant to the waste disposed of in the landfill and leachate expected to be generated. The geonet will be comprised of HDPE, which is chemically resistant to waste and leachate due to its molecular structure. The collection piping system also will be composed of HDPE. The geotextile layer will be composed of a non-woven polyester or polypropylene fabric, which has been determined to be resistant to and compatible with municipal solid waste leachates. The sand layer will consist of non-carbonate materials that are chemically resistant to or compatible with leachate. The evidence shows that the system will be of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying waste, cover materials, and equipment used at the landfill. Geonet drainage layers, HDPE piping, geotextile fabric, and sand layers such as those proposed are routinely and effectively used in landfills, including those that are deeper than the landfill proposed in the instant situation. The leachate collection and removal system meets requirements in paragraph (e) of the above rule, as well, that the system be designed and operated to function without clogging through the active life and closure period of the landfill. The geonet and geotextile layers will prevent the piping system from clogging. If clogging occurs, the system is designed to allow cleaning of the pipes. The collection and removal system will be designed and constructed to provide for removal of the leachate within the drainage system to a central collection point for treatment and disposal. The leachate will drain by gravity from the sump into the leachate lagoon, but will be altered during construction to provide for pumping of leachate out of the system into the lagoon in order to prevent having to penetrate the HDPE liner with piping. Once the leachate is pumped into the lagoon, it will be recirculated over the landfill face, evaporated from the lagoon, or removed off site for treatment and disposal at a waste disposal and treatment plant. Surface Water and Storm Water Management System The storm water management system for the landfill is designed and sized according to local drainage patterns, soil permeability, annual precipitation calculations, area land use, and other characteristics of the surrounding watershed. (See Rule 17-701.050(5)(h), FAC). The engineering expert for the applicant, Mr. Barrett, designed the storm water management system. He considered the presence of dense clay soils on the site which do not provide good percolation because of low permeability, with regard to storm water falling on the site. He also took into account existing drainage patterns, as well as the annual precipitation. The retention and detention ponds and drainage ways designed into the system consist of three detention basins located at the north, southeast, and southwest quadrants of the site and one retention basin located on the western portion of the site. The site is divided into watersheds and is drained by an on-site gravity system consisting of runoff collection pipes to intercept the overland flow and convey the runoff into the retention and detention facilities. Runoff from the northern watershed is treated in detention basin 1, that from the southeast watershed in basin 3, and runoff from the southwest watershed area in detention basin 4. Runoff from the western area or watershed is treated in retention basin 2. A computer model was used by Mr. Barrett in determining the appropriate design for the storm water management system. The model is called the hydrologic engineering center-1 model developed by the U.S. Army Corps of Engineers. It is a model routinely and widely accepted in the storm water engineering design profession and discipline for designing such systems. It has historically been accepted by the Florida Department of Transportation, DER, the Corps of Engineers, and a number of counties and municipalities. A number of parameters, such as total runoff area, watershed characteristics, rainfall amount, time of concentration, lag time, and route description, were put into the model to develop the storm water management system design. Because no actual runoff data was available to calibrate the model, the model was run using data for two hypothetical storm events, the 25-year, 24-hour storm and the 10- year, 24-hour storm. Total rainfall amounts for these events were obtained from rainfall intensity duration-frequency curves developed by the Florida Department of Transportation (FDOT) for this geographical area. The detention basins are wet treatment facilities having permanent pools of water. Wetlands vegetation grows on the littoral slopes of the detention basins and removes pollutants from the storm water by natural uptake of pollutants contained in the water through the roots, stems, and leaves of the plants. Based on the HEC-1 model, the detention basins are designed to store one inch of runoff over the permanent pool control elevation and to retain the first one-half inch of rainfall, as required by Section 17-25.040(5), FAC, for projects having drainage areas of less than 100 acres. Each basin has several pipes to allow outflow when the water level exceeds the one-half retention level. As water rises to the outflow pipe level, it flows out of the basin and eventually discharges off site. The outflow pipes are two to three inches in diameter, allowing discharge of a controlled volume of water at a controlled rate. The discharge structures will be constructed in accordance with construction drawings that will include erosion control devices, such as rip- rap. The basins also have vertical riser pipes that discharge if water reaches a higher set elevation, specified in the permit application. Only if the water level rises to an elevation exceeding the 25-year, 24-hour storm elevation would the water flow over the berm. As required by Section 17-25.025(8), FAC, the storm water management system design provides for skimmers to be installed on discharge structures to skim oil, grease, and debris off water discharged from the basins. No more than one-half of the volume will be discharged in the first 60 hours following a storm event. The detention basin slopes that exceed a four to one slope down to a depth of two feet below control elevation will be fenced for safety purposes. See Rule 17-25.025(6), FAC. The retention basin is designed to retain the first one-half inch of rainfall with filtration of the first one-half inch through a sand filter bed in the bottom of the basin within 72 hours following the storm event. The sand filter bed will consist of clean well-graded sand having a minimum horizontal and vertical conductivity or percolation rate of six inches per hour. The retention basin has vertical risers, as provided in the application. Erosion and sediment control "best management practices" will be used during construction to retain sediment on site, as referenced in Rule 17-25.025(7), FAC. Other best management practices, such as sodding embankments or stabilizing slopes with geomats or sand bags will be used. The system is designed to minimize mixing of the storm water with the leachate. (Rule 17-701.050(5)(h)3., FAC). As waste is placed in the landfill, berms are constructed laterally across the cell face to segregate the waste disposal areas from other areas in the cell not yet receiving waste. Storm water coming into contact with waste flows down through it and eventually is collected and removed from that cell by the leachate collection and removal system described above. Storm water falling in a portion of a cell in which waste has not been deposited is collected by piping and pumped to the storm water management system for treatment of storm water because it does not constitute leachate, not having traversed on or through waste. Storm water will not come into contact with the waste within the system as designed. There are not any pipes connecting the waste disposal cells to the storm water system or basins. The storm water system in the permit application was designed in accordance with the criteria enunciated in the above-cited rule. This fact was established by the unrefuted expert testimony of Mr. Barrett and was independently confirmed by three other engineers, including the storm water program engineer of DER, each of whom reviewed the storm water system design. The storm water program engineer inspected the site and determined that the proposed management system will not pose any risk to downstream property, as required by the statute and rules enforced by the Northwest Florida Water Management District (NWFWMD). CVA adduced the testimony of Mr. Hilton Meadows in an effort to demonstrate that the storm water management system design in EPAI's application, and case-in-chief, does not meet applicable criteria in Chapters 17-701 and 17- 25, FAC, referenced above. Mr. Meadows attempted to demonstrate, by calculations determined using the "rational formula", that storm water will be discharged off the landfill site at a rate of 16.11 acre feet per minute during a 25-year, 24-hour storm event. An acre foot of water is a depth of one foot of water covering a surface acre in area. According to Mr. Meadows, all storm water would be thus discharged off site at a single discharge point creating a "blowout" of the storm water management system structure at that point which would flood and erode Long Round Bay off the site. In rebuttal, however, Mr. Barrett explained that Mr. Meadows' calculations merely determined the total amount of water that would fall on the landfill site during a 25-year, 24-hour storm event and failed to consider the time-volume reduction of storm water off the site over a 24-hour time period. Mr. Barrett clearly established that 16.11 acre feet of water would not be discharged per minute off the site during the 25-year, 24-hour storm event. It was further demonstrated that Mr. Meadows did not perform any computer modeling in analyzing site-specific compliance of the proposed storm water management system design against the framework of the applicable design and performance standards in Chapters 17-25 and 17-701, FAC. CVA did not adduce any preponderant evidence which would demonstrate that the storm water management system proposed will not meet the design performance standards contained in the rules and rule chapters referenced above. In view of the more extensive background, education, knowledge, and training acquired both through education and experience; in view of the more extensive and detailed investigation and calculations underlying his design, including the computer modeling effort referenced above; and in view of his corroboration by three other witnesses within the storm water engineering discipline, the opinions of Mr. Barrett, and the witnesses corroborating his testimony, are accepted over that of Mr. Meadows. Gas Control System The gas control system for the landfill will meet the design requirements contained in Rule 17-701.050(5)(j), FAC. It will be a passive system, meaning that no mechanical methods are necessary to withdraw gas from the landfill. A ventilation system will be installed as the final cap is placed on the landfill and will consist of perforated PVC pipes placed vertically down through the soil cover layers, to reach the solid waste disposal areas. The pipes are wrapped in geotextile fabric in order to prevent them from being infiltrated by fine soil particles which could cause clogging of the system. The pipes will run laterally across the top of the waste disposal areas to transfer gas to the vertical vents which vent the gases to the atmosphere. If gas production should exceed the capacity of the passive ventilation system, vegetation will be damaged and odor will become objectionable. If that occurs, a pump can be connected to the system to extract gases mechanically and vent them into the atmosphere or flame them off as a more positive control method. The proposed gas system is typical for landfills of this size and has been well tested for efficiency at other such facilities. The gas control system will not interfere with or cause failure of the liner or the leachate control systems. The gas control system is designed to prevent explosion and fires due to methane accumulation, damage to vegetation on the final cover of the closed portions of the landfill or vegetation beyond the perimeter of the property. It will control any objectionable odors migrating off site. The system, as proposed and proven in this case, meets the design requirements contained in the above-cited rule. Landfill Operation Paul Sgriccia, vice president of City, is a registered professional engineer specializing in landfill design, operation, and management. He has extensive professional experience in (and supervises a 20-person staff) designing landfills, obtaining permitting, and overseeing daily operation, environmental regulation compliance, compliance monitoring, hydrogeology, and groundwater monitoring with regard to landfill projects proposed, being constructed, or operated by City. Additionally, he is trained as an engineer. He was tendered and accepted as an expert in the fields of landfill operations and landfill management. The above-cited rule chapter requires landfills to have a ground water monitoring system that complies with monitor well location, construction, and sampling requirements of Sections 17-3.401, 17-4.26, and 17-28.700, FAC, and ground water sampling and testing in accordance with those sections, as well as Section 17-22, Parts III and IV, FAC. Mr. Sgriccia's testimony shows that the ground water monitoring plan proposed and considered in conjunction with the hydrogeologic investigation and ground water monitoring recommendations made by Dr. Herbert will meet these regulatory requirements. The recommendations made by Dr. Herbert concerning ground water monitoring should be incorporated as conditions on issuance of the permit. The applicant has voluntarily agreed to notify DER one year in advance of its ground water monitoring schedule so that DER can be present to collect "split samples", as referenced in Rule 17- 701.050(6)(a)3., FAC. Any grant of a permit should also be conditioned on this policy being strictly followed. The application also contains an operation plan, as required by the above-cited rule at paragraph (6)(b). The operation plan provides that EPAI will be the entity responsible for the operation and maintenance of the landfill. The plan provides that in the event of a natural disaster or equipment failure that would prevent waste from being deposited at the landfill, the waste will be disposed of at the Springhill landfill in adjacent Jackson County, pursuant to an agreement between EPAI and Waste Management, Inc., the operator of that landfill. The operation plan contains detailed procedures to control the type of waste received at the facility. Hazardous waste, biomedical waste, lead-acid batteries, white goods, used oil, and waste tires will not be accepted for disposal at the proposed landfill. Asbestos will only be accepted if it is in the proper regulatory approved containers. The operation plan specifies inspection procedures and procedures to be followed if prohibited wastes are discovered. All vehicles hauling waste to the landfill will be weighed and inspected by the operator or appointed attendants at the entry to the landfill. A load inspection will be performed to determine if the waste conforms to the approved waste description before the waste can be disposed. Paperwork, checks, controls, and records maintenance will be performed, as well as random load inspections for municipal solid waste generated by households. Spotters will observe the actual unloading of each vehicle at the active cells. Unacceptable waste will be rejected and cannot be disposed of at the site. Unacceptable waste that is already unloaded inadvertently at the site will be required to be removed immediately. DER will be notified of attempts to dispose of unacceptable waste at the landfill site. The operation plan provides for weighing and measuring of incoming waste and vehicle traffic control and unloading control. All these vehicles will be weighed and inspected before proceeding to disposal cells. The operation plan provides a method and sequence for filling waste into the disposal cells. Waste disposal will begin in the southwest corner of cell one and waste will be disposed in that cell up to an established final grade and the final capping process will be commenced before beginning disposal in another cell. Waste will be compacted on a daily basis when a load is received. Compaction equipment operates continuously over disposed waste loads to obtain maximum compaction. A daily cover of six inches of clean soil will be applied at the end of the day unless more waste will be disposed on the working face within 18 hours. Daily cover helps reduce disease-vectors, such as flies and rodents, as well as to reduce windborne litter. The gas control system will be maintained to insure that riser pipe vents are not dislodged and will be monitored to insure that explosive limits of methane are not reached. When leachate levels in the lagoon reach a certain level, the leachate will be withdrawn and recirculated back over the working face of the disposal area or else hauled off site to a waste water treatment facility for treatment and disposal. Leachate recirculation is becoming an accepted treatment method by regulatory agencies and is considered an effective industry standard treatment method. Leachate is recirculated by application to the active working face of the disposal cell by a watering truck and is dropped on the cell through a distribution bar or open valve pipe at the back of the truck. Leachate will not be applied during rainfall nor will it be aerially sprayed on the cell. Municipal solid waste has significant absorption capacity, so that large quantities of recirculated leachate are absorbed by the waste. The leachate that does eventually run through the waste is collected in the leachate collection and removal system and does not mix with runoff going into the storm water management system. The leachate lagoon is surrounded by a containment dike area with a loading station inside the dike for removal of leachate by truck for off-site treatment at a waste water treatment plant. A hose is hooked to a tank truck and leachate is pumped into the truck. Any spills during the loading process will be contained by the dike and will flow back into the leachate lagoon. The storm water management system will be operated to insure that there is no mingling of leachate with storm water runoff. The design provides for three diversion berms running the length of the Class I disposal cell which divide the cell into four smaller working cells. Any rainwater falling in the clean, unused cells will be removed to the storm water management system. The rain coming into contact with the working face is leachate and is collected and removed from the cell by the leachate control system. The operation plan addresses and satisfies each requirement of Section 17-701.050(6)(b), FAC. Rule 17-701.050(6)(c), FAC, requires certain operational design features to be incorporated in the landfill. Thus, the entire site will be enclosed by a minimum four-foot high fence with a gate that will be locked during off hours. To Shoo Fly Bridge Road is a county-maintained, all-weather road that provides main access to the landfill site. In addition, the roads on the site will be stabilized, all-weather roads. The operation plan provides for signs indicating the name of the operating authority, traffic flow, hours of operation, and any disposal charges, as well as scales for weighing the waste loads received at the site. Dust will be controlled by water spraying to avoid contaminated runoff due to chemical sprays and oils. Dust will be further minimized by use of paved roads, minimizing the areas of disturbed soil, vegetating stockpiles as soon as possible, and vegetating final and intermediate cover areas. Daily cover, use of portable fences, and cleaning operations by operating personnel will provide litter control. Firefighting equipment and facilities adequate to insure the safety of employees will be located on site. Daily cover will be used to minimize the potential for fire and fire extinguishers and water will be used to fight fires. If a fire is too large to effectively fight with on-site equipment, the Holmes County Fire Department will be called to assist. The operation plan for the landfill meets the requirements depicted in the above-cited rule at paragraph (d) in terms of personnel and facilities requirements. A certified attendant will be on site during all hours of operation and a telephone will be located on site. Equipment requirements are contained in the above-cited rule at paragraph (e). The applicant will thus maintain and operate a large bulldozer, soil scraper, front-end loader, water truck, motor-grader for cleaning roads, and portable pumps for storm water management and leachate management. In the event of an equipment breakdown, the plan provides for an agreement between the operator and a local heavy-equipment company to provide a compactor and other essential equipment within 24 hours. The equipment will have protective roll bars or roll cages, fire extinguishers on board, and windshields. The operation plan otherwise provides for protective devices and gear for heavy equipment and for personnel themselves, such as dust masks and hearing protection devices, hygienic facilities in the maintenance building and office, potable water, electric power, emergency first aid facilities and the like. Employees will be hired locally and trained in appropriate safety procedures and practices. In accordance with the provisions of Section 17-701.050(6)(j), FAC, the operation plan calls for solid waste in the Class I cell to be spread in layers of approximately two-feet in thickness and compacted to approximately one-foot thickness before the next layer is applied. Weekly compaction of the waste will be accomplished by heavy equipment at the Class III cell. The compostible materials and the yard trash at the Class III cell will be removed and composted on site. Bulky materials that are not easily compacted will be worked into the other waste materials to the extent practicable. As required by paragraph (k) of the above-cited rule, the compacted solid waste material will be formed into cells with the working face and side grades above surface at a slope of no greater than 30 degrees. The cell depth will be determined by the area in operation, daily volume of waste, width of the working face, and good safety practices. Waste will be placed into the cell beginning at the southwest corner and spread northward, eventually reaching grade level. As elevation of the cell approaches final grade, intermediate and final cover is applied to the cell. The final slope grade will be approximately 4:1 and will be terraced. The operation plan meets the requirements contained in paragraph (6)(1) of the above-cited rule that the cell working face be only wide enough to accommodate vehicles discharging waste and to minimize the exposed area and use of unnecessary cover material. The waste will not be spread across the entire cell immediately but instead will be spread on a small working face. The typical working area may be 50 feet by 50 feet or slightly larger, and will become larger as more loads of waste are received. Waste is deposited on the working face and compacted until final grade is reached, working across the face of the active cell in a terraced effect. Intermediate and final cover are applied to the portions of the cell that have reached design dimensions. The working face is kept as small as possible to minimize leachate generation, disease-vector problems, and the need for daily cover. The landfill operation meets the requirements contained in paragraph (6)(m) of the above-cited rule to the effect that initial cover will be applied to enclose each working cell except the working face, which may be left uncovered if solid waste will be placed on the working face within 18 hours. If there are adverse environmental impacts or problems with disease-vectors, initial cover will be placed on the working face at the end of each day for the Class I landfill cell and once a week for the Class III cell. The operation plan provides that an intermediate cover of one foot of compacted soil will be applied in addition to the six-inch daily cover within seven days of completion of the cell if final cover or an additional lift is not to be applied within 180 days of cell completion, as required by paragraph (6)(n) of the above-cited rule. The landfill will be closed in accordance with Sections 17-701.050(4) and 17-701.070-.076, FAC. The operation plan further provides that daily cover will control disease-vectors, such as flies, rather than employing use of pesticides. Uncontrolled or unauthorized scavenging will not be permitted at the landfill and will be controlled by fences and on-site personnel. Class III Cell The proposed Class III cell will be located over the old Class I cell last used by Holmes County. This area has a recompacted clay liner and a leachate collection system in place. Only yard trash will be deposited in the Class III cell, however. Based upon the Class III cell design and operating plan that will permit only yard trash disposal in it, any leachate generated from the Class III cell will not pose any threat to or violate applicable water quality standards in or outside the zone of discharge. Asbestos disposal is proposed at the landfill site. A separate asbestos disposal cell is proposed. The operation plan will provide that the asbestos be covered daily with a proper dust suppressant or six inches of non- asbestos material or will be disposed of in an area where proper warning signs, fences and barriers are present. Asbestos accepted for disposal at the landfill will be bagged and accompanied by shipping documents as required by EPA rules appearing in Title 40, Code of Federal Regulation. Persons working around asbestos will be specifically trained in its handling and must use appropriate protective equipment, as required by the National Emission Standards for Hazardous Air Pollutants set forth at 40 CFR 61.25 and other applicable federal regulations. The applicant proposes to dispose of petroleum contaminated soils at the landfill, as well. These soils will be mixed in with the waste on the working face. The soils will not be used as an intermediate cover or come into contact with surface water that will be conveyed to and treated in the storm water management system. Landfill Closure The application includes general plans and schedules for closure of the new and existing landfills. Once final grade is reached, an intermediate cover is applied over the daily cover if the working face will not receive any more waste or will receive final cover within 180 days. The gas control system will then be installed and the final cover consisting of an impermeable synthetic cap will be applied. The final cover will be a plastic cap constructed of polyvinyl chloride (PVC), HDPE, or some other synthetic material and covered by one foot of protective soil, topped by six inches of topsoil to promote vegetation growth. Soils for the closure effort will be obtained on site and will not be obtained by dredging in any jurisdictional wetlands. The final design provides for a terraced landfill profile for the new Class I cell. The waste levels will not exceed 10 feet in height and will be terraced at a 4:1 slope. The terraces will slope back against the cell wall and will be underlain by a subdrain to collect runoff and convey it to the storm water management system. This will prevent erosion of the final cover, waste exposure, and thus, additional leachate generation. The application contains a closure plan containing a general landfill information report and various other plans, investigations, and reports addressing all criteria and factors required to be addressed by Section 17- 701.073(6)(a)-(i), FAC. All such plans, reports and investigations were certified by Pearce Barrett, a registered professional engineer, expert witness and landfill designer for the applicant. The application contains a detailed estimate of closure costs and a monitoring and long-term care plan for the landfill meeting the requirements of Sections 17-701.075 and 17-701.076, FAC. An interest-bearing escrow account will be established for the landfill within 30 days of permanent issuance to cover the closure costs. Funds for closure, monitoring and long-term care of the landfill will be set aside as tipping fees are paid. As portions of the landfill are closed, funds in the escrow account will be available to pay for closure. This type of landfill closure and closure funding is termed "close as you go". This insures that available funds to close the landfill will be present so that funding problems such as those associated with the existing landfill will not arise. The long-term care plan provided for in the permit application and in the applicant's evidence provides for monitoring and maintenance of the landfill for a 20-year period after closure is complete. The storm water management system will be maintained and ground water monitored as part of this long-term care plan.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record, the candor and demeanor of the witnesses, and the pleadings and arguments of the parties, it is RECOMMENDED that a Final Order be entered by the Department of Environmental Regulation dismissing the petition filed in opposition to the permit application and approving EPAI's application for the permit at issue, authorizing construction and operation of a 20-acre Class I, Class III, and asbestos landfill, as well as authority to close the existing 25.5-acre Class I landfill in Holmes County, Florida, in the manner and under the conditions delineated in the application, as amended, the Intent to Issue and draft permit and the above Findings of Fact and Conclusions of Law. It is further RECOMMENDED that the motion for attorney's fees and cost be denied. DONE AND ENTERED this 6th day of April, 1993, in Tallahassee, Florida. P. MICHAEL RUFF Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of April, 1993.
The Issue The issue to be determined in this proceeding is whether Angelo's Aggregate Materials, LTD ("Angelo's") is entitled to permits from the Department of Environmental Protection ("Department") to construct and operate a Class I landfill in Pasco County.
Findings Of Fact The Parties The Department is the state agency with the power and duty under chapter 403, Florida Statutes, to review and take action on applications for permits to construct and operate solid waste management facilities, including landfills. Angelo's is a Florida limited partnership authorized to conduct business under the name Angelo's Recycled Materials. Angelo's filed the permit applications which are the subject of this proceeding. Angelo's owns the property on which the proposed landfill would be constructed and operated. Crystal Springs Preserve is a Florida corporation that owns approximately 525 acres in Pasco County, Florida on which is located Crystal Springs, a second magnitude spring that flows into the Hillsborough River. The property is about 10 miles south of Angelo's proposed landfill site. Crystal Springs Preserve's primary business activities are selling spring water for bottling for human consumption and operating an environmental education center that focuses on Crystal Springs and the Hillsborough River. Crystal Springs Preserve hosts approximately 50,000 visitors annually at the environmental education center. Crystal Springs Preserve holds a water use permit which authorizes it to withdraw up to 756,893 gallons of water per day (annual average) from Crystal Springs for production of bottled water. The water is transported about three miles to a water bottling facility operated by Nestlé. Nestlé is a private corporation engaged in the business of bottling and selling spring water. Nestlé purchases spring water from Crystal Springs Preserve. Nestlé's "Zephyrhills Spring Water" brand is composed of approximately 90 percent Crystal Springs water and 10 percent Madison Blue Spring water. The only water treatment applied by Nestlé is filtering the water to remove gross contaminants and passing the water through ultraviolet light or ozone to kill any potential bacteria before bottling. Nestlé has established "norms" for its spring water and would not be able to use the water from Crystal Springs if its chemical composition varied significantly from the norms. WRB is a Florida corporation that owns 1,866 acres in Pasco County known as Boarshead Ranch. Boarshead Ranch is adjacent to the east and south of Angelo’s property and is approximately 3,000 feet from the proposed landfill at its closest point. Boarshead Ranch is currently being used for agricultural, recreational, residential, and conservation purposes, including wildlife management. Nearly all of Boarshead Ranch is subject to a conservation easement held by the Southwest Florida Water Management District (SWFWMD). The conservation easement allows WRB to continue agricultural operations. Numerous agricultural water wells are located on Boarshead Ranch. WRB holds a water use permit which authorizes the withdrawal of 820,000 gallons per day (gpd) (annual average) for a number of uses, including production of agricultural products, animal drinking water, and personal use. The City of Zephyrhills is located in Pasco County and is a municipal corporation. Zephyrhills' water service area encompasses Zephyrhills and portions of Pasco County. Zephyrhills owns, operates, and maintains a water distribution and transmission system of pipes, pump stations, and storage tanks within the City and its service area. Zephyrhills holds a water use permit which authorizes nine potable water supply wells with a combined withdrawal of 2.9 million gallons per day ("mgd") (annual average). Zephyrhills has two new production wells located about two miles southeast of the proposed landfill. The City of Tampa owns and operates the David L. Tippin Water Treatment Plant, the Hillsborough River dam, and the City of Tampa reservoir on the Hillsborough River. Flows from Crystal Springs make up a substantial amount of the water in the Hillsborough River, especially during drought conditions when the spring flow accounts for about 50 percent of the flow. The City of Tampa holds a water use permit which authorizes the withdrawal 82 mgd (annual average). The City of Tampa owns, operates, and maintains a water distribution and transmission system of pipes, pump stations, and storage tanks within the City and its service area. Carl Roth, Marvin Hall, and Louis Potenziano own property in Pasco County near the proposed landfill site. Roth's property is 3.5 miles west of the proposed landfill site; Hall's property is located approximately one mile southwest of the site; and Potenziano's property is 1.6 miles to the south/southeast of the site. Roth, Hall, and Potenziano have water wells on their properties. The record does not establish that John Floyd owns property in the area. Floyd and Associates, Inc., owns about 55 acres in the area and holds a water use permit authorizing the withdrawal of water for agricultural uses. The Stipulated Agreement On March 1, 2010, Angelo's filed with DOAH a "Stipulated Agreement" signed by all parties. The Stipulated Agreement states in relevant part: Angelo's shall provide a final design, revised complete permit application and site investigation (referred to jointly as "Revised Submittal") to DEP with copies to all Parties and DEP shall make a completeness determination prior to this proceeding being set for a new final hearing date. * * * Angelo's shall not revise its permit application or supporting information beyond the Revised Submittal prior to or during the final hearing except in response to issues raised by DEP. It appears that the Aligned Parties did not remember the Stipulated Agreement until the commencement of the final hearing. They did not object before then to any of the evidence which Angelo's had prepared or intended to prepare for hearing on the basis that it violated the terms of the Stipulated Agreement. At the commencement of the hearing, Nestlé argued that the Stipulated Agreement barred Angelo's from revising its application or presenting new support for its project at the final hearing. The Stipulated Agreement is unusual and the necessity for Angelo's to make any concessions to the Aligned Parties in order to obtain their agreement to an abeyance was not explained. Allowing an applicant time to amend a permit application is usually good cause for an abeyance. The Stipulated Agreement allowed Angelo's to continue to respond to issues raised by the Department. Angelo's contends that all of the evidence it presented at the final hearing qualifies as a response to issues raised by the Department. The Proposed Landfill Angelo's applied to construct and operate a Class I landfill with associated buildings and leachate holding tanks. Application No. 22913-001-SC/01 corresponds to the construction permit application and Application No. 22913-001-SO/01 corresponds to the operation permit application. A Class I landfill is a landfill authorized to receive Class I waste, which is solid waste from households and businesses. Class I waste does not include hazardous waste, yard waste, or construction and demolition debris. See Fla. Admin. Code R. 62-701.200(13) and (14). The proposed landfill would be approximately 30 acres in size. It is part of a 1,020-acre parcel owned by Angelo's that is west of County Road 35 and south of Enterprise Road in Pasco County. The site is currently leased for cattle grazing and hay and sod production. There are also spray fields, orange groves, and a pond on the 1,020-acre parcel. Angelo's would construct the landfill by first clearing the 30-acre site. It would then excavate and fill to create the design subgrade or floor of the landfill with slopes required for the liner system. The subgrade would be compacted with a vibratory roller. After the subgrade compaction, the grouting plan would be implemented. The grouting plan calls for grouting 39 subsurface locations on the site that have voids, loose soils, or other unstable characteristics. A liner system would be installed after the grouting is completed and the subgrade is finished. From the bottom upward, the liner system would begin with a 12-inch layer of clay, over which a reinforcement geotextile would be installed, followed by another 12-inch layer of clay. This reinforcement geotextile is in addition to the double liner system required by Department rule. Its purpose is to maintain the integrity of the liner system in the event that a sinkhole occurs beneath the landfill. Installed above the reinforcement geotextile and clay layer would be a 60-millimeter high-density polyethylene ("HDPE") geomembrane, followed by a HDPE drainage net. These last two components comprise the secondary leachate collection system. Above the HDPE drainage net would be the primary leachate collection system, consisting of another 60-millimeter HDPE geomembrane and HDPE drainage net, followed by a geotextile, then a 12-inch sand layer for drainage, and an additional 12-inch sand layer for protection against puncture of the HDPE liner. A 48-inch layer of selected waste, free of items that could puncture the liner, would be the first waste placed over the primary leachate collection system. "Leachate" is "liquid that has passed through or merged from solid waste and may contain soluble, suspended, or miscible materials." See Fla. Admin. Code R. 62-701.200(66). Leachate would be collected through a system of perforated pipes that empty into a sloping trench with a leachate collection pipe. The leachate collection pipe would run down the center of the landfill to the lowest point where a pump would send the collected leachate through a force main 0.25 miles to storage tanks. Five above-ground storage tanks would be installed on a concrete pad with capacity to store 90,000 gallons of leachate. The stored leachate would be periodically transported to an offsite location, such as a wastewater treatment facility, for disposal. Sinkholes and Karst The terms "sinkhole" and "sinkhole activity" are not defined by Department rule, but the statutory definitions in chapter 627, a chapter dealing with insurance coverage for homes and other buildings, are generally consistent with the scientific meanings of these terms. The term "sinkhole" is defined in section 627.706(2)(h) as: a landform created by subsidence of soil, sediment, or rock as underlying strata are dissolved by groundwater. A sinkhole forms by collapse into subterranean voids created by dissolution of limestone or dolostone or by subsidence as these strata are dissolved. The term "sinkhole activity" is defined in section 627.706(2)(i) as: settlement or systematic weakening of the earth supporting the covered building only if the settlement or systematic weakening results from contemporaneous movement or raveling of soils, sediments, or rock materials into subterranean voids created by the effect of water on a limestone or similar rock formation. Sinkholes occur throughout Florida. There have been many reported and confirmed sinkholes in Pasco County. The more common type of sinkhole that has occurred on the Brooksville Ridge is a "cover subsidence" sinkhole, which is caused by voids in the limestone and the downward movement--"raveling"--of overlying soils into the cavity. Eventually, the loss of soils in the raveling zone will propagate upward until the soils at the ground surface also move downward and a depression is formed at the surface. Cover subsidence sinkholes develop slowly and are usually small, less than ten feet in diameter. Less common are "cover collapse" sinkholes, which can form in a matter of days or hours as the result of the collapse of the "roof" of a dissolved cavity in the limestone. These sinkholes are usually large and deep. The occurrence of a sinkhole does not always mean that areas near the sinkhole are unstable. However, the occurrence of a sinkhole is reasonable cause for concern about the stability of nearby areas and a reasonable basis for the Department to require thorough geologic investigations. "Karst" refers to limestone that is undergoing dissolution and it is common in Florida. A sinkhole forms in karst. "Epikarst" is limestone that was weathered while exposed above sea level millions of years ago before being submerged again. It is generally softer and more permeable than unweathered limestone. "Paleokarst" refers to karst that is very old in geologic time. Paleosinks are old sinkhole features in the paleokarst. A paleosink may no longer be unstable because it has been filled in for thousands or millions of years. A "lineament," or a "photolineament," is a relatively straight line seen in the topography or aerial photographs of the ground surface in an area. It might be defined by soil color, sloughs, ponds, wetlands, or other land features that follow a linear path. Lineaments are sometimes, but not always, associated with subsurface fractures in the bedrock where one would expect to also find active karst, sinkholes, and relatively rapid groundwater flow. Even where there is no lineament, there can be fractures in limestone that, when extensive enough, will allow for "fractured," "preferential," or "conduit flow" of groundwater. Fractured flow can occur in a small area or may go on for miles. Springs in Florida are usually associated with fractured flow or conduit flow that allows groundwater to move through the aquifer a long distance relatively rapidly, in weeks rather than decades. Geotechnical Investigation The Department's rules require subsurface conditions to be explored and described, including soil stratigraphy, soft ground, lineaments, and unstable areas, but the rules do not require the application of any particular geologic testing technique. An applicant's testing program is primarily a function of the professional judgment of the applicant’s geologist in cooperation with Department staff. The amount of geological testing done by Angelo's during its initial testing was similar to what was done for recent landfill applications. Angelo's conducted additional testing to respond to Department concerns and to prepare for the final hearing in this case, making the total amount of testing at Angelo's proposed site more extensive than is usual for a proposed landfill. The geologic investigation conducted by Angelo's experts to determine subsurface features, including any sinkholes, employed several technologies. Split Spoon Penetrometer Test (SPT) or SPT borings were drilled with a drill rig that advances a split spoon sampler into the ground with a 140 pound hammer. The hammer is dropped 30 inches and the number of blows required to drive the sampler each successive 12 inches is referred to as the "N" value and indicates soil strength and density. The higher the N value, the denser the soil. When the material is so dense the drill rod cannot (essentially) be hammered deeper, the N value is shown as "R," which stands for "refusal." SPT Bore logs also note any observed "weight of hammer," "weight of rod," or "loss of circulation." These terms describe areas where the drilling encounters very soft material or voids. Weight of rod, for example, means the weight of the drilling rod, by itself, with no hammer blow, was enough to cause the rod to fall deeper through the soil or rock. Cone Penetrometer Test ("CPT") borings were also conducted. CPT borings are relatively shallow, performed with a hand-held rod and special tip that the operator pushes into the ground. The CPT equipment continuously measures and records tip resistance and sleeve resistance as the rod moves downward through soils. It is helpful in some applications, but is less precise in determining soil type, strength, and compressibility than SPT borings and cannot be used to explore deep zones. Ground penetrating radar ("GPR") studies were used. GPR equipment transmits pulses of radio frequency waves into the ground. The manner in which the radio waves are reflected indicates the types of soil and rock encountered. It can also detect cavities and other features that would suggest karst activity. When the GPR identifies geologic features of interest, they can be further investigated with SPT borings. Another investigative tool used by Angelo's was Multiple Electrode Resistivity ("MER"). MER uses a grid of wires and electrodes and the equipment interprets the resistivity of electrical signals transmitted through the subsurface. MER data can be displayed in a two dimensional or three dimensional format, depending on the software program that is used to process the data. Like GPR, MER is useful for indentifying geologic features of interest that can be further explored with SPT borings. However, GPR generally has good resolution only near the ground surface, while MER has good resolution to a depth of 100 feet. The Regional Geology The proposed site is in a geologic transition zone on the eastern flank of a regional, geological feature known as the Brooksville Ridge. It is a transition zone for both the Suwannee Limestone and Hawthorn Group. The Brooksville Ridge was formed when it was part of the coastline. In its geologic past, the Brooksville Ridge experienced sea level changes, weathering, erosion of sediments, and beach reworking. The general layering of geologic features on the Brooksville Ridge, from the top down, begins with topsoil and a layer of sand. Under the sand layer is the Hawthorn Group, an older geologic layer consisting of a heterogeneous mix of limestone, clays, and sands which generally range in depth from slightly under 60 feet to 80 feet or more. It was formed by river and wind erosion, flushing, and re-deposition in a beach dune environment. Below the Hawthorn Group is the Suwannee Limestone Formation, which is present throughout eastern Pasco County. The upper surface of the Suwannee Limestone Formation is undulating, due to a gradual chemical weathering of its upper surface, representing a "paleokarst environment." Underlying the Suwannee Limestone Formation is the Ocala Limestone Formation. It extends throughout most of Florida. It is composed of nearly pure limestone and is considered the Floridan Aquifer. It extends across the site’s subsurface. Angelo's used the Florida Geologic Survey's data base to determine there are six sinkholes within five miles of the proposed landfill. A seventh sinkhole, not in the data base, is the 15- foot sinkhole at the Angelo's Enterprise Road Facility landfill, a Class III landfill (yard waste and construction and demolition debris) about a mile northwest of the proposed site. Angelo's contends that the sinkhole at its Class III landfill was "induced" during construction of the facility by the diversion of stormwater runoff to an area where overburden had been removed. The average diameter of the seven sinkholes is 11.9 feet. The Geology of the Proposed Site Rule 62-701.410(2)(c) requires a geotechnical site investigation and report, which shall: Explore and describe subsurface conditions including soil stratigraphy and ground water table conditions; Explore and address the presence of muck, previously filled areas, soft ground, lineaments, and sinkholes; Evaluate and address fault areas, seismic impact zones, and unstable areas as described in 40 C.F.R. 258.13, 258.14 and 258.15; Include estimates of the average and maximum high ground water table across the site; and Include a foundation analysis to determine the ability of the foundation to support the loads and stresses imposed by the landfill. It may include geotechnical measures necessary to modify the foundation to accommodate the imposed loads and stresses. The foundation shall be analyzed for short-term, end of construction, and long-term stability and settlement conditions. Considering the existing or proposed subgrade conditions and the landfill geometry, analysis shall include: Foundation bearing capacity; Subgrade settlements, both total and differential; and Subgrade slope stability. Angelo's conducted a geotechnical site investigation, but it was not adequate, as discussed below and in sections I. and J. The proposed landfill site is geologically complex, having features that are discontinuous horizontally and vertically. The site has karst features or areas where the limestone has dissolved. There is a clay layer in some areas, but it is not continuous and its depth and thickness vary. There are deposits of hard and soft sands at various depths. There are pinnacles of limestone surrounded by softer materials. Photographs from a quarry called the Vulcan Mine, located on the western flank of the Brooksville Ridge, show exposed features in the top 20 to 30 feet of the Suwannee Limestone in the region. The features at the Vulcan Mine are roughly similar to features at the Angelo's site. There are a number of shallow depressions on the surface of the ground on the Angelo's site. The origin and significance of these depressions was a matter of dispute. The Aligned Parties believe they represent sinkhole activity, but the evidence presented did not rise to the level of proof. However, Angelo's did not prove they were unassociated with geotechnical issues that could affect the proposed landfill. Angelo's offered no reasonable explanation for the depressions. Determining the exact cause of the depressions may not be possible even with more extensive investigation, but it was Angelo's responsibility as the permit applicant, pursuant to rule 62-701.410(2)(c), to make a greater effort to account for them. Angelo's initial permit application identified two intersecting lineaments on Angelo's property, based on aligned lowlands, enclosed valleys, and ponds. Angelo's contends the lineaments do not reflect an unstable subsurface or fractured limestone. The Aligned Parties contend that the lineaments are regional features and reflect fractures in the bedrock. They also contend that the onsite pond, which is located along the lineament, is an old sinkhole. The Aligned Parties did not prove the proposed landfill site is above an area of fractured bedrock, but the evidence presented by Angelo's was incomplete and insufficient to show there are no fractures. The limestone on the site was not adequately investigated for voids and fractures. Angelo's did not refute the possibility that the lineaments reflect a significant subsurface feature that could affect both site stability and groundwater movement. The Regional and Local Hydrogeology Rule 62-701.410(1) requires a hydrogeological investigation and site report, which shall: Define the landfill site geology and hydrology and its relationship to the local and regional hydrogeologic patterns including: Direction and rate of ground water and surface water flow, including seasonal variations; Background quality of ground water and surface water; Any on site hydraulic connections between aquifers; For all confining layers, semi-confining layers, and all aquifers below the landfill site that may be affected by the landfill, the porosity or effective porosity, horizontal and vertical permeabilities, and the depth to and lithology of the layers and aquifers; and Topography, soil types and characteristics, and surface water drainage systems of the site and surrounding the site. Include an inventory of all the public and private water wells within a one-mile radius of the proposed landfill site. The inventory shall include, where available: The approximate elevation of the top of the well casing and the depth of each well; The name of the owner, the age and usage of each well, and the estimated daily pumpage; and The stratigraphic unit screened, well construction technique, and static water levels of each well. Identify and locate any existing contaminated areas on the landfill site. Include a map showing the locations of all potable wells within 500 feet of the waste storage and disposal areas to demonstrate compliance with paragraph 62- 701.300(2)(b), F.A.C. Angelo's conducted a hydrogeological investigation, but it was not adequate, as discussed below. Angelo's and the Aligned Parties disputed the hydrogeological characteristics of the proposed landfill site and region. The principal disputes related to the direction and velocity of groundwater flow. Angelo's contends that groundwater flows from the landfill site to the west, making the proposed landfill site part of the Withlacoochee River groundwater basin. The Aligned Parties contend that groundwater flows south toward Crystal Springs and, therefore, the site is within the "springshed" of Crystal Springs. A United States Geological Survey map of the Crystal Springs springshed shows Angelo's proposed landfill site within the springshed. A springshed study done for SWFWMD also indicates the site is within the Crystal Springs springshed, but the District has not always been consistent in its statements about the groundwater basin boundaries in this area. A water chemistry analysis of the groundwater in the area of Angelo's proposed landfill indicates that the site is an area of higher recharge and within the Crystal Springs springshed. The springshed boundary can shift, depending on rainfall. Angelo's hydrogeological evidence was not sufficient to refute the reasonable possibility that the proposed landfill site is within the Crystal Springs springshed. Therefore, the Department's determination whether Angelo's has provided reasonable assurances must account for the threat of contamination to Crystal Springs and the other public and private water supply sources to the south. There are no creeks or streams and only a few lakes in the area between Crystal Springs and the Angelo's site. The absence of surface runoff features indicates it is an area of high recharge to the groundwater. Crystal Springs is in an area of conduit flow. The hydrologic investigation conducted by Angelo's was not thorough enough to characterize surficial aquifer flow and flow between aquifers. The preponderance of the evidence shows more groundwater recharge to the Floridan Aquifer in the area than estimated by Angelo's. Angelo's hydrogeological investigation was inadequate to refute the possibility of fractured flow or rapid groundwater movement at the proposed landfill site. Angelo's contends there is a continuous clay confining layer that would prevent contamination from moving into deep zones, but the preponderance of the evidence shows discontinuity in the clay and large variations in thickness and depth. The landfill's impermeable liner will impede water movement downward from the landfill, but groundwater will still recharge from outside the landfill to carry any contaminants deeper. If fractured flow or conduit flow extends south from the proposed landfill site, any leachate released into the groundwater beneath the landfill could travel rapidly toward the water supply sources of the City of Zephyrhills, Crystal Springs, Nestlé, and the City of Tampa. Whether the Proposed Landfill is in an Unstable Area Rule 62-701.200(2)(a) prohibits the storage or disposal of solid waste "[i]n an area where geological formations or other subsurface features will not provide support for the solid waste." However, the Department has adopted by reference a federal regulation, 40 C.F.R. 258.15, which allows a landfill to be constructed in a geologically unstable area if the permit applicant can demonstrate that engineering measures are incorporated into the design to ensure that the integrity of the landfill’s structural components "will not be disrupted." The parties presented evidence on many disputed issues of fact at the final hearing, but most of the case involved two ultimate questions: whether the proposed landfill site is unstable and, if so, whether Angelo's has proposed measures that would eliminate the unstable conditions and make the site suitable for a landfill. as: An "unstable area" is defined in 40 C.F.R. § 258.15 A location that is susceptible to natural or human-induced events or forces capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from a landfill. Unstable areas can include poor foundation conditions, areas susceptible to mass movements, and Karst terrains. There is overwhelming evidence that the proposed landfill site is an unstable area. A considerable amount of evidence presented by Angelo's supports this finding. For example, Angelo's experts agreed there are loose soils, evidence of raveling, and sinkhole activity. These conditions make the site susceptible to natural or human-induced events or forces capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from the proposed landfill. The Department's landfill permitting staff requested a sinkhole risk assessment from the Florida Geologic Survey ("FGS"). The State Geologist and Director of the FGS, Dr. Jonathan Arthur, believes the potential for sinkhole formation at the proposed site is moderately high to high. That potential is consistent with the characterization of the area as unstable. Whether the Proposed Engineering Measures Are Adequate Because the site is unstable, Angelo’s must demonstrate that engineering measures have been incorporated into the landfill's design to ensure that the integrity of its structural components will not be disrupted. See 40 C.F.R. § 258.15(a). The engineering measures proposed by Angelo's are discussed below. Because it was found that Angelo's hydrogeological and geotechnical investigations were not sufficient to characterize all potentially unstable features of the subsurface, it was not demonstrated that the proposed engineering measures would overcome the instability and make the site suitable for a landfill. Roller Compaction Angelo's would use roller compaction on the graded floor of the landfill to compact the soils to a depth of about five feet and eliminate any voids within that depth. The Aligned Parties did not contradict Angelo's evidence that its proposed roller compaction will be done in a manner exceeding what the Department usually requires as far as roller force and the number of roller "passes." However, roller compaction will not affect deep voids. Liner System In order to ensure that the landfill’s liner system components will not be disrupted in the event of a sinkhole, Angelo’s proposes to include the reinforcement geotextile discussed above. The Department previously approved the use of geotextile reinforcement, combined with grouting, to demonstrate site stability for the Hernando County Northwest Landfill, which had a comparable risk of sinkhole formation according to the Department. The reinforcement geotextile can span a 15-foot diameter sinkhole without failure. As found above, the average diameter of the seven sinkholes within five miles of the proposed landfill is 11.9 feet. Angelo's proved that the proposed liner system meets all applicable criteria, except the requirement of rule 62- 701.400(3)(a) that the liner be installed upon a geologically stable base. Grouting Plan Angelo's grouting plan would be implemented to fill voids and stabilize areas of loose or weak material. The grouting plan was first designed to grout all locations where there was a Weight of Hammer, Weight of Rod, Loss of Circulation, or loose sands, as indicated by a low blow count. Angelo's revised the grout plan to include several more areas of concern identified later, for a total of 39 locations. Each grout location would have seven grout points, one in the center and six others equally-spaced on a ten-foot radius from the center. If more than ten cubic yards of grout is needed, additional grout points further outward would be injected until the void or loose soils are filled or stabilized. Although Angelo's proposes to grout every boring of concern, that still ties the integrity of the grouting plan to the thoroughness of the borings. The geologic evidence indicates that there are unstable areas which the grouting plan does not address. The Aligned Parties' MER analysis was persuasive in identifying potential areas of instability that were omitted from Angelo's investigation and from its grouting plan. There are other unstable areas existing on the site that should be grouted or otherwise engineered to provide support for the landfill. The grouting plan does not provide reasonable assurance that the integrity of the structural components of the landfill will not be disturbed. Other Issues Raised by the Aligned Parties The Aligned Parties raise a number of other issues, some of which begin with the assumption that the site is unstable and a large sinkhole would form at the landfill. This sometimes mixes issues inappropriately. It has been found that Angelo's did not provide reasonable assurance that the site will support the proposed landfill, but other project elements must be reviewed on their own merits where possible, assuming the site was engineered for stability. Leachate Collection System There is a single leachate collection trench in the center of the two landfill cells, which makes the landfill operate much like a single cell. The two halves of the cell slope toward the center, so that leachate will drain to the leachate collection trench, and the entire landfill slopes to the west, so that the trench will drain to a sump from which the leachate is pumped to storage tanks. At full capacity, the landfill will generate about 40,000 gallons of leachate per day. Careful cutting and grading of the earth is necessary to create the slopes that are essential to the proper functioning of the project’s leachate collection system. Settlement analyses are necessary to assure that the slopes are maintained. Rule 62-701.410(2)(e) requires a foundation analysis which must include a study of "subgrade settlements, both total and differential." "Total settlement" refers to the overall settlement of a landfill after construction and the loading of solid waste. "Differential settlement" compares settlement at two different points. Angelo's did not meet its burden to provide reasonable assurance on this point. The settlement analysis conducted by Angelo's was amended two or three times during the course of the final hearing to account for computational errors and other issues raised by the Aligned Parties. The analysis never came completely into focus. The final analysis was not signed and sealed by a professional engineer. The settlement analysis is dependent on the geologic analysis, which is inadequate. Without adequate settlement and geologic analyses, it cannot be determined that leachate collection would meet applicable criteria. Storage Tanks The Aligned Parties contend that the leachate storage tanks cannot be supported by the site. Because it was found that Angelo's geologic investigation was not adequate to identify all unstable areas, it is also found that Angelo's failed to provide reasonable assurance that the site would support the leachate storage tanks. In all other respects, the Aligned Parties failed to refute Angelo's demonstration that the storage tanks would meet applicable criteria. Groundwater Monitoring Plan The Aligned Parties contend that there is an insufficient number of monitor wells proposed by Angelo's to detect a leak from the landfill and the wells are too shallow. Because it was found that Angelo's did not adequately characterize the geology and hydrology of the proposed landfill site, the monitoring plan does not provide reasonable assurance of compliance with applicable criteria. Cell Design The Aligned Parties contend that the "mega-cell" design proposed by Angelo's provides less flexibility to respond to and isolate landfill problems than other landfill designs with smaller cells, and the mega-cell design could generate more leakage. No evidence was presented to show whether Angelo's design was one that had been approved or rejected in the past by the Department. Although it is not the best landfill design, the Aligned Parties did not show that the proposed design violates any permitting criteria. Operation and Closure The evidence presented by the Aligned Parties in support of their issues regarding the operation of the proposed landfill, such as noise, odor, and traffic, was not sufficient to refute Angelo's evidence of compliance with applicable criteria, with one exception: Angelo's has not provided an adequate contingency plan to show how it would respond to a sinkhole or other incident that required the landfill to be shut down and repaired. Assuming the site was engineered to support the landfill, there is nothing about the Closure Plan that the Aligned Parties showed does not meet applicable criteria.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Environmental Protection deny Angelo's Permit Application Nos. 22913-001-SC/01 and 22913- 002-SO/01. DONE AND ENTERED this 28th day of June, 2013, in Tallahassee, Leon County, Florida. S BRAM D. E. CANTER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 28th day of June, 2013. COPIES FURNISHED: Carl Roth, Qualified Representative 8031 Island Drive Port Richey, Florida 34668-6220 Christopher M. Kise, Esquire Foley and Lardner, LLP 106 East College Avenue, Suite 900 Tallahassee, Florida 32301-7732 Wayne E. Flowers, Esquire Lewis, Longman and Walker, P.A. Suite 150 245 Riverside Avenue Jacksonville, Florida 32202-4931 Janice M. McLean, Esquire City of Tampa 7th Floor 315 East Kennedy Boulevard Tampa, Florida 33602-5211 Joseph A. Poblick, Esquire City of Zephyrhills 5335 8th Street Zephyrhills, Florida 33542-4312 Doug Manson, Esquire William Bilenky, Esquire Brian A. Bolves, Esquire Manson Bolves, P.A. 1101 West Swann Avenue Tampa, Florida 33606-2637 Jacob D. Varn, Esquire Linda Loomis Shelley, Esquire Karen A. Brodeen, Esquire Fowler, White, Boggs, P.A. 101 North Monroe Street, Suite 1090 Tallahassee, Florida 32302-1547 David Smolker, Esquire Smolker, Bartlett, Schlosser, Loeb and Hinds, P.A. Suite 200 500 East Kennedy Boulevard Tampa, Florida 33602-4936 Stanley Warden, Esquire Christopher Dale McGuire, Esquire Department of Environmental Protection Mail Station 35 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 William D. Preston, Esquire William D. Preston, P.A. 4832-A Kerry Forest Parkway Tallahassee, Florida 32309-2272 Herschel T. Vinyard, Jr., Secretary Department of Environmental Protection Mail Station 35 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Matthew Z. Leopold, General Counsel Department of Environmental Protection Mail Station 35 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Lea Crandall, Agency Clerk Department of Environmental Protection Mail Station 35 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000
Findings Of Fact Three Palms Point is a residential subdivision located within the city limits of St. Petersburg Beach, Florida. Three Palms Point is situated on a landfill which extends into Boca Ciega Bay. The site of the subdivision was originally purchased as submerged land from the Board of Trustees of the Internal Improvement Trust Fund. The purchaser filled the submerged land to coincide precisely with his purchase. The original Three Palms Point landfill is depicted on an aerial photograph that was received in evidence as Petitioner's Exhibit 3. This photograph was taken in 1957, and the landfill is circled with yellow ink on the photograph. Petitioner's Exhibit 2 is an engineer's drawing which depicts the original landfill. In August, 1970 the Petitioner purchased a portion of Three Palms Point. The Petitioner has constructed homes on a portion of the Three Palms Point landfill including the end, or easternmost finger. The present dimensions of the easternmost finger are depicted in an aerial photograph that was received in evidence as Petitioner's Exhibit 1. This photograph was taken in February, 1977. Several lines have been drawn on the photograph. The outermost line shows the limits of the original landfill. Considerable erosion has taken place, and the present high water mark is clearly evident in the photograph. Through the instant application the Petitioner is seeking to fill the land within the second line shown on Petitioner's Exhibit 1. Petitioner intends to construct four new homes on the filled area. The easternmost finger of the Three Palms Point landfill has only been partially bulkheaded. In the approximately twenty years that the landfill has been in existence, approximately 200 feet of the fill has eroded away. The amount of erosion is clearly evident in the photograph that was received in evidence as Petitioner's Exhibit 1. Erosion is continuing at the present time. The uplands of the landfill meet the water at a steep embankment which is very unstable. Three of the homes that have been constructed on the easternmost finger are presently and immediately jeopardized by the continuing erosion. When the Petitioner acquired this property he immediately sought approval to dredge a channel around the original limits of the easternmost landfill, and to fill the entire area. Petitioner did not succeed in obtaining local government approval for this proposal. Petitioner was advised to eliminate his proposed dredging, and to limit the landfill as in his present application. The entire area that the Petitioner wishes to fill constitutes .55 acre. Petitioner proposes to use uplands landfill, and to place a bulkhead around the fill to prevent further erosion. The landfill proposed by the Petitioner is the least amount of fill that would permit the Petitioner to construct houses on the finger within local zoning ordinances. Approximately 4,000 cubic yards of material would be required to complete the landfill. At low tide nearly all of the proposed fill area, and a broader area extending to the east and the south of the proposed landfill site is out of water. At high tide nearly all of the site is submerged. This type of environment is known as a littoral, or transitional zone between the uplands and submerged lands. This particular littoral zone is not a natural transitional area as would occur along the unbulkheaded and undeveloped shorelines of Boca Ciega Bay. The zone has resulted from the erosion of a landfill. There is considerable debris, including deteriorated riprap, junk that has been dumped in the area, and spilled cement. Various types of algae exist within the area proposed to be filled. The only grass that grows in the area is Cuban Shoalweed. Cuban Shoalweed is the only vegetation other than algae which has been found to any degree at the site. Cuban Shoalweed dies back and disappears during winter months, and reestablishes itself during summer months. Nearly all of the Cuban Shoalweed visible at the time of the hearing was outside of the proposed fill area. During summer months it is probable that some Cuban Shoalweed would be present within the fill area. The Cuban Shoalweed exists in patches, and does not cover the area. A variety of marine animals have been identified at the proposed fill site. Many mollusks, including oysters, a variety of clams, and mussels are present at the site. Several varieties of crabs were identified. At high tide fish swim into the area. Shore and wading birds have been observed in the area. The most prevalent animal life in the area is clams. Several heavily populated clam beds are located within, and just outside of the proposed landfill site. None of the organisms observed at the site are endangered organisms. It is apparent that the site is not a particularly suitable natural habitat, except apparently for clams. Continuing erosion of the easternmost point of the Three Palms Point subdivision presents an immediate danger to homeowners. Erosion which has averaged approximately ten feet per year during the past twenty years, is continuing to occur at a rate of from two to three feet per year. A large storm is likely to prove disastrous. In order to protect present homeowners, it is essential that some sort of seawall be constructed at the point. The seawall proposed by Petitioner provides the most protection. A rounded seawall will disperse wave action along the seawall. A seawall constructed along the present high water line would provide considerably less protection. High winds coming from the prevailing wind direction during the stormiest seasons would hit the present shoreline at a severe angle. When a wave hits a shoreline at an angle part of the energy is dispersed. This is called long shore energy flux, and results in littoral drift. High winds would cause an extreme littoral drift along the present shoreline. Bottom sand would be loosened, and the seawall would be undermined. The waves would strike the seawall proposed by the Petitioner at a significantly lesser angle, and long shore energy flux would be approximately one-fourth as much as with a seawall constructed along the present shoreline. Littoral or transitional zones provide a significant function for maintaining the water quality of a water body. Runoff from the uplands is filtered through the vegetation of the littoral zone. The vegetation serves to filter the uplands runoff by assimilating nutrients in the runoff. Without such a filtering mechanism, the quality of a water body would rapidly deteriorate, especially in a heavily populated area. The littoral zone involved in this case provides an insignificant filtration system. The only vegetation is Cuban Shoalweed, which is sparce and totally non-existent during winter months. Construction of the proposed landfill could cause considerable turbidity if proper steps are not taken to prevent it. Turbidity would be very detrimental, at least on a temporary basis, to the waters of Boca Ciega Bay. Turbidity can be adequately controlled through the use of screening devices. If the Petitioner's permit application is approved, a .55 acre habitat for a variety of marine organisms would be lost. Crabs and clams would likely reestablish themselves in the areas just outside of the proposed landfill. Many of the creatures could be relocated to other more natural littoral zones in the area. Most of the residents of Three Palms Point appear to favor the proposed landfill. This opinion is not, however, unanimous. Residents who support the proposal testified of their concern with the continuing erosion in the area. Some witnesses were concerned that the area has become a dumping ground, and attracts recreational users for whom there are not adequate facilities. Persons who testified in opposition to the project expressed environmental concerns, and concerns with the disruption that construction in the area would inevitably cause. The testimony was not clear as to the present status of local government authorization of the project. It appears that the Petitioner has received local approval, but that during the two years that his application has been pending before the Respondent, the approval has lapsed.
Findings Of Fact On November 16, 1983, Lamar Advertising Company submitted it's applications for permits for outdoor advertising signs to be located on the north side of Interstate Highway 10 in Escambia County Florida, 4.8 miles west of the intersection of I-10 and U.S. Highway 90A facing east, and the other to be located on the west side of I-10, 5.08 miles west of its intersection and U. S. 90A facing east. By letter dated November 28, 1983, the Department rejected these applications, stating: In unpermitable zoning. No commercial business visible. Escambia County, Florida, owns the land where the proposed signs would be located. This parcel contains approximately from the Perdido River, the state bounds almost to County Road 99 on the east, with frontage of I-10 for a distance of approximately one mile * Station is located on the south side of I-10 opposite center of this parcel. In January of 1981, the construction of a sanitary landfill this property, known as the Perdido Landfill. permanent buildings located there, one of which house which includes computer equipment and two commercial scales. Another houses p* equipment. Another is used for employee loc* of supplies. Another is the main office. all office facilities and a major garage automotive and heavy equipment. sanitary landfill is used for disposal of solid waste through escavation and burial. Excavation removes soil which is later used to cover waste placed into the hole created by the NOTE: Page 2 of the Recommended Order on file with DOAH has missing or unreadable text and is therefore not available in this ACCESS document. excavation. When a filling operation has been completed in a particular area, there will be built up heights exceeding the existing grade by as much as 50 feet. Before the landfill activity began, the parcel in question was rolling landscape, mostly in pasture land with some timber. It sloped to the west to the Perdido River. It also sloped from north to south towards the north edge of Interstate 10. Escambia County has approximately thirty pieces of equipment on the Perdido Landfill. This equipment consists of two landfill compactors, two bulldozers, three self-elevating scrapers, a frontend loader, a number of dump trucks, a road grader, a hydraulic backhoe, three tractor trailer rigs, a rented dragline, and numerous cars and pickup trucks. Normally there are five pieces of this equipment in operation on any given day. In addition to the equipment operated by Escambia County, approximately 500 vehicles per day visit the landfill to dump solid waste Monday through Friday, of which about 300 are commercial and 200 are private vehicles. On Saturday approximately 800 to 1,000 vehicles visit the landfill to dump waste. These dumping operations on the Perdido Landfill are taking place about 800 to 1,000 feet from the north right-of-way of I-10. In addition, the County has leased 10 acres on the north boundary of this property to a private company which operates a treatment facility for the processing of septic waste material to produce fertilizer. This facility is located between 2,000 and 3,000 feet from the south boundary of the County property. The County has constructed and maintains an earth barrier approximately 100 feet wide along the south boundary of this property on I-10 to hide the landfill operation from traffic on the interstate. This earth barrier also places the private septic waste facility beyond the line of sight from the interstate. In addition, there are trees and other natural growth along the south boundary of the County property which obscures the site from view. Photographs admitted into evidence show that the activities taking place on the landfill are not clearly visible to traffic moving on I-10. None of the vehicles can be seen except the top portion or boom of a crane. The area is hidden by trees and by the earth barrier except for one or two small openings which reveal the crane's boom. A motorist traveling east on I-10 can see through these openings for approximately one second, and traveling west for only a couple of seconds. Nevertheless, some portion of the equipment being used on the landfill property is visible from the interstate. Most of the area of Escambia County outside of the City of Pensacola is not zoned. There are some areas in the vicinity of the University of West Florida in the northwestern part of the county and on Perdido Key in the southwestern part of the county that are zoned. The area in which the Perdido Landfill is located is not zoned. The Petitioner presented the former County Attorney for Escambia County who testified that the activities conducted at the landfill are compatible with an industrial zoning classification. No further evidence on this point was presented by the Petitioner. The Department presented the Administrator Director for zoning and inspection in Okaloosa County, Florida, who testified that there are four sanitary landfills in Okaloosa County, two located on federal land and two located on county property. Okaloosa County is located about 39 miles east of Escambia County, and the four landfills there are operated and maintained by the County. Okaloosa County has county-wide zoning, and sanitary landfills are classified as public service facilities in agricultural areas predominantly. Under the existing Okaloosa County ordinance,, a landfill would be classified as Agricultural or Agricultural Restricted, regardless of the type of landfill it is. The Department also presented a letter from the Land Use Administrator of the Tallahassee-Leon County Planning Department which indicates that Leon County considers sanitary landfills as "resource development activities" which are permitted as a restricted use only in agricultural zoned areas. This hearsay evidence is not of sufficient quality to support a finding of fact, but it corroborates the evidence presented by the Okaloosa County zoning director, and was admitted for this purpose.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Transportation enter a Final Order denying the application of Lamar Advertising Company for permits to erect two signs on the north side of I-10 in Escambia County, at points 4.80 miles and 5.08 miles west of U.S. 90A, facing east. THIS Recommended Order entered this 8th day of June, 1984, in Tallahassee, Florida. WILLIAM B. THOMAS 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 8th day of June, 1984. COPIES FURNISHED: ROBERT P. GAINES, ESQUIRE P. O. BOX 12950 PENSACOLA, FLORIDA 32576 VERNON L. WHITTIER, JR., ESQUIRE DEPARTMENT OF TRANSPORTATION HAYDON BURNS BUILDING, M.S. 58 TALLAHASSEE, FLORIDA 32301-8064
The Issue The issue presented is whether Respondents, Holmes Dirt Service, Inc., and William J. Holmes, are in violation of various rules and regulations as alleged in the Notice of Violation issued by Petitioner, Department of Environmental Protection (Department).1
Findings Of Fact The Parties The Department is charged with the duty to administer and enforce the provisions of Chapter 403, Florida Statutes, and the rules promulgated thereunder in Chapter 62, Florida Administrative Code. Respondent, Holmes Dirt Service, Inc. (Holmes, Inc.), is a Florida corporation authorized to do business in the State of Florida. Holmes, Inc., along with William J. Holmes (Holmes), is responsible for the operation and management of a solid waste facility permitted by the Department under the name "Holmes Fill Dirt Landfill" (Facility). Holmes is a citizen of the State of Florida. Holmes was also the Director of Holmes Dirt Service, Inc. Background On or about August 24, 1998, the Department issued Permit/ Certification No. SO42-0133361-001 to Holmes Fill Dirt Landfill for the operation and management of a C & D disposal facility. The permit was sent to the attention of Holmes and had an expiration date of August 24, 2003. This was a renewal permit, with the initial permit issued in or around 1993. On or about June 26, 2000, Respondents notified the Department that the facility was temporarily closed. The Facility has remained closed since that time. Holmes, Inc., and Holmes own and operate the Facility known as Holmes Fill Dirt Landfill Holmes testified by deposition that he received a Conditional Use Permit from Marion County to operate the Facility. This permit expired on June 1, 2000. The Facility has been closed since at least June 1, 2000, although it has not been officially closed pursuant to Department rules.2 The Facility has not received any additional C & D material after June 1, 2000. On December 17, 2001, the Department issued a Notice of Violation to Holmes, Inc., and Holmes. On June 3, 2002, Respondents requested an administrative hearing before the Division. Count I-Failure to Provide Department with Adequate Financial Assurance Documentation In Count I, the Department alleges "that from June 2000, to the present, Respondents have failed to provide the Department with adequate financial assurance documentation." On June 4, 2001, the Department sent Respondents a letter advising that the financial assurance documentation was inadequate. (Respondents admit the letter was sent, but deny their documentation was inadequate.) The Department specifically contends that Respondents did not provide an annual update of the closing costs to the Department and that the assurance bond, previously issued in 1998, see Finding of Fact 11, was no longer acceptable to the Department. Rule 62-701.730(11), Florida Administrative Code, requires an owner or operator of an off-site construction and demolition debris disposal facility to provide to the Department proof of financial assurance "issued in favor of the State of Florida in the amount of the closing and long-term care cost estimates for the facility." This information is required to be submitted with the permit application for the facility. Financial assurance is required should the State of Florida have to take over closure or long term care of a facility. On May 29, 1998, Holmes, Inc., and Holmes (as Vice President of Holmes Inc.) entered into a Trust Agreement with United Southern Bank, as Trustee, to provide financial assurance for the Facility. This agreement contained a cost estimate of $76,551.72 for closure and post-closure of the Facility. On April 29, 1998, a bond was executed between Holmes, Inc., and Frontier Insurance Company (Frontier) in this amount. Thus, when the C & D permit was renewed in 1998, Respondents obtained financial assurance in the form of a closure cost/long-term care bond from Frontier. Rule 62-701.630(3), Florida Administrative Code, pertaining to "cost estimates for closure," provides that the owner or operator shall estimate the total closure cost for the permitted potions of the landfill for the period in the operation "when the extent and manner of its operation make closing costs most expensive." Rule 62-701.630(4)(a)-(d), Florida Administrative Code, pertaining to "cost adjustments for closure," requires the financial assurance to be updated annually to account for the inflation factor of 1.01. Once a bond is in place, as here as of 1998, these subsections require the permittee, here Holmes Inc., to provide the Department, on an annual basis, with an update to the closure cost, which includes the inflation factor. Additionally, the Department requires notification from the owner or operator that the annual update has been made. Prior to 2001, there was no set time for a facility to report this information. As of 2001, each facility was required to report by March 1 of each year. In 2000, the Department's Tallahassee office notified its Central District Office that the financial assurance for the Holmes Fill Dirt Landfill was inadequate. On June 14, 2000, the Central District Office mailed a letter to the Holmes facility notifying Respondents that there was a problem with financial assurance in that as of June 1, 2000, Frontier was no longer listed as an acceptable surety and, as a result, Respondents were requested to "submit proof of alternate financial assurance," or risk an enforcement action. A letter dated November 15, 2002, from Frontier to Judith Holmes, who is listed in the letter as the President of Holmes Dirt Service, Inc., was sent to Respondents to notify them that premiums were still due and outstanding on their closure/long-term care financial assurance bond for the past two years. This letter also informs that it was the position of Frank Hornbrook of the Department "that all of the requirements covered by our bond have not been satisfied and our bond has not been officially closed by the obligee. As a result, this bond still carries liability and premiums due." (The Department does not release a bond until a facility is officially closed and the Facility is not officially closed.) Invoices for "01/02 and 02/03 renewal premium due" were enclosed with the letter. Holmes admitted that the premium is past due and that he has no money to pay the premium. Even though the bond renewal premiums are past due, there is no persuasive evidence that Frontier has been relieved of its obligations under the bond issued in 1998. Rather, the Department wants a replacement bond from Respondents, but the original bond will remain in place until a replacement bond is furnished by Respondents. In fact, the Department will look to Frontier for potential payment under the 1998 bond, if necessary. However, Respondents have not provided the Department with the inflation update financial assurance in 2001. As a result, the current financial assurance for Holmes Fill Dirt Landfill is inadequate. Count II- Failure to Provide Ground Water Monitoring Reports The Department alleged that from "June 2000 to June 2001, Respondents failed to sample and analyze the ground water in accordance with the approved ground water monitoring plan for two consecutive sampling events." Respondents admit these allegations. Apparently, the last report was submitted to the Department in 2000. The Department does not allege that the ground water on and off-site violate Department rules. Holmes testified during a deposition that "the water tests have been clean. . . . until he stopped the sampling process." Holmes says he does not have "any money"--"[he is] broke." Count III-Objectionable Odors The Department alleged that "[d]uring the period June 2000 to the present, the Department has received numerous complaints from residents in the area, alleging objectionable odors emanating from the landfill." Respondents deny that there have been "objectionable odors." Chapter 62-701, Florida Administrative Code, pertains to "Solid Waste Management Facilities." Rule 62-701.730(7)(e), Florida Administrative Code, provides that C & D debris disposal facilities "shall be operated to control objectionable odors in accordance with Rule 62-296.320(2), F.A.C. If objectionable odors are detected off-site, the owner or operator shall comply with the requirements of paragraph 62-701.530(3)(b), F.A.C."3 Rule 62-701.200(84), Florida Administrative Code, incorporates the definition of "objectionable odors" found at Rule 62- 210.200(181), Florida Administrative Code. "Odor" is defined as "[a] sensation resulting from stimulation of the human olfactory organ." Rule 62- 210.200(182), Florida Administrative Code. Rule 62- 210.200(181), Florida Administrative Code, defines an "objectionable odor" as "[a]ny odor present in the outdoor atmosphere which by itself or in combination with other odors, is or may be harmful or injurious to human health or welfare, which unreasonably interferes with the comfortable use and enjoyment of life or property, or which creates a nuisance." Rule 62-296.320(2), Florida Administrative Code, provides that "[n]o person shall cause, suffer, allow or permit the discharge of air pollutants which cause or contribute to an objectionable odor." See also Rule 62-210.200(19)-(20), Florida Administrative Code. Joint Exhibit I is a study currently being done by Professor Timothy Townsend, Ph.D., of the University of Florida, Department of Environmental Services, which states that disposal of drywall, which contains gypsum, has caused hydrogen sulfide generation ("rotten egg" smell) at numerous C & D landfills in Florida. (Dr. Townsend is recognized as an authority on landfills.) Further, the primary constituents in the gas creating the problem is, among other reduced sulfur compounds, hydrogen sulfide. The main ingredient for these compounds is gypsum drywall. The study finds that hydrogen sulfide possesses a very strong odor at very low concentrations and is known to be toxic at high concentrations. The discussion of human health impact with regard to odor problems is raised and culminates with the observation that while hydrogen sulfide concentrations in ambient air surrounding C & D waste landfills are less than those thought of as harmful, some studies indicate that long- term exposure even to low concentrations can have a health impact.4 Holmes admitted that there is an odor problem at the Facility caused by gypsum and drywall and that the odor is worse in rainy weather. Holmes also admitted attempting to correct the problem by previously inviting individuals from the University of Florida to the facility, but reported that there was nothing they could do at that time, except for keeping the area covered with dirt. Individuals residing near the Facility offered opinion testimony that they suffered various problems resulting from the odor emanating from the Facility. Neighbor Charles F. LaBell, who resides 500 to 600 feet from the landfill, testified that the odor began as a rotten egg smell and evolved into what they "assumed was a hydrogen sulfide" odor. Mr. LaBell testified to being familiar with the odor of hydrogen sulfide due to his work experience at a wastewater treatment plant. Mr. LaBell further stated that the odor was unpredictable and not constant, but he equated rainy periods and "foggy mornings" with times when the odor would occur. The neighbors have found that outdoor activities have been severely impacted, resulting in a loss of use of portions of their property and diminished enjoyment of their outdoor life. Neighbor Donald L. Strickland confirmed Mr. LaBell's testimony, stating, in part, "You can't go outdoors, you can't stand it." James Bradner, an employee with the Department for twenty-three years and current manager of the Department's solid and hazardous waste program, offered opinion and expert testimony on the issue of odor problems at C & D debris disposal facilities. Mr. Bradner has served in a technical advisory capacity to a technical awareness group on odors caused by gypsum drywall in C & D debris facilities and has had experience at various C & D debris facilities in the State of Florida contending with odor problems. Mr. Bradner has experienced hydrogen sulfide odors at water treatment plants and would characterize the odor as a rotten egg odor. He has also had experience with C & D debris disposal facilities dealing with gypsum-related odor problems and testified that there are various methods to deal with the odor problems, such as putting an impervious cap (excluding water and liquids) of a clay liner and actually closing the Facility. Mr. Bradner has never been on the Facility site. The Department's rules do not define "health." Odor is a subjective measure, according to Mr. Bradner. Department employee John Turner was responsible for taking air samples in order to assess the odor problems at the Facility. Mr. Turner has been with the Department for 26 years, and in his experience with the Department, has smelled the rotten egg odor of hydrogen sulfide at sewage treatment plants and municipal solid waste facilities. Mr. Turner met with neighbors residing near the Facility as a results of complaints of odor. He visited the Facility five times to collect air samples. He detected an odor during his initial three visits, but did not take any samples because the aired smelled was not representative of a strong odor. For Mr. Turner, during each visit, the odor was the same in quality. There was some variation in strength. "It was periodic in some cases and less periodic in other cases." He collected samples during his fourth and fifth visits, but the "samples were below the minimum detection levels for the method." Mr. Turner offered no scientific evidence that would indicate that the air was harmful on the dates when samples were taken and analyzed. Nevertheless, Mr. Turner opined that the odor was objectionable in accordance with the definition found in Rule 62-210.200(181), Florida Administrative Code, on all five occasions. Count IV-Failure to Control Access The Department alleged that "access to the Facility was not completely controlled." Respondents deny the allegation. Rule 62-701.730(7)(c), Florida Administrative Code, provides: "Operation requirements. Owners and operators of construction and demolition debris disposal facilities shall comply with the following requirements by May 1, 1997, or at the time of permit issuance, whichever is sooner: . . .(c) Access to the disposal facility shall be controlled during the active life of the facility by fencing or other effective barriers to prevent disposal of solid waste other than construction and demolition debris." Department employee Gloria-Jean DePradine testified that Florida Rules require that all C & D facilities have an effective barrier so as to prevent unauthorized disposal of waste. An effective barrier could be fencing, although the Department does not require a specific type of fencing. It depends on the situation. Holmes originally owned a 46-acre tract (the property). The Facility is located on 13 acres of this property. Holmes resided on the property until he sold his residence in 2000 to Valentina Ellis. The property has an earthen berm along Highway 42, the southern boundary of the property, which is a barrier. The entrance to the property is controlled by a gate, which provides access to the property. There is no fence separating the Facility from the residence. A fence exists along the perimeter of the property. The property is in the same condition today as when the Department originally issued the permit in 1993. When the Facility was permitted and operated by Holmes, the Department found the access control to be acceptable. However, when a portion of the property (10 acres) was sold to Ms. Ellis, access was no longer being controlled completely because Holmes had provided the necessary security for the Facility, being the owner of the entire 46-acre tract. Because there are two separate property owners, Ms. Ellis can now directly enter the Facility property, or any other members of the public that entered her property, could enter the Facility and dump unauthorized waste. Randall Cunningham has been employed with the Department since May 1999, and has been working in the solid waste section since October 2000. On November 19, 2001, Mr. Cunningham conducted an inspection of the Facility site in response to an odor complaint and found that there was no barrier between the property owned by Ms. Ellis and the Facility. Mr. Cunningham was able to drive from Ms. Ellis’ property onto the landfill. Mr. Cunningham saw a fence leading onto Ms. Ellis' driveway with a swinging gate attached to a post, which was attached to a fence. Mr. Cunningham did not visit the Facility while it was in operation. There is no effective barrier between Ms. Ellis' property and the Facility. Additionally, the Facility is not yet officially closed. Count V-Investigative Costs The Department alleged that it incurred expenses of not less than $500 while investigating this matter. Investigative costs are recoverable pursuant to Section 403.141(1), Florida Statutes, which states: "Whoever commits a violation specified in s. 403.161(1) is liable to the state for . . . reasonable costs and expenses of the state in tracing the source of the discharge, [and] in controlling and abating the source and the pollutants. " Mr. Bradner’s salary is approximately $35.00 per hour. He spent approximately 20 to 30 hours on this case which would total approximately $700.00. Mr. Turner’s salary is approximately $25.00 per hour. Mr. Turner visited the Facility on five separate occasions in order to attempt to collect an air sample. It took him an hour and a half, to one hour and 45 minutes to get to the Facility. He usually spent approximately one half hour at the Facility. The Department conducted the two sampling events referred to above, which were sent to a lab in Los Angeles for analyses. Each analysis cost $250.00.
Conclusions Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore ORDERED: Respondents shall forthwith comply with all Department rules regarding solid waste management as related to the disposal of C & D debris. Respondents shall correct and redress all violations in the time periods required below and shall comply with all applicable rules in Chapters 62-296 and 62-701, Florida Administrative Code. Within 30 days of the effective date of this Final Order, Respondents shall prevent unauthorized waste disposal at the Facility, and shall provide access control by the use of fencing, gates, or other effective barriers on the portion of property that is contiguous with property owned by Ms. Valentina Ellis. Within 30 days of the effective date of this Final Order, Respondents shall obtain adequate financial assurance and shall provide the Department with proof of financial assurance issued in favor of the State of Florida, in the amount of the closing and long-term care cost estimates for the Facility, if the 1998 renewal bond is no longer in full force and effect. (If the renewal bond is in full force and effect, Respondents shall provide the Department with an appropriate financial update.) Otherwise, proof of financial assurance shall consist of one or more of the following instruments which, comply with the requirements of Rule 62-701.630(6), Florida Administrative Code: trust fund agreement; certificate of deposit; surety bonds guaranteeing payment; surety bonds guaranteeing performance; irrevocable letter of credit; closure insurance; or financial test and corporate guarantee. Respondents shall continue to monitor and analyze the ground water at the Facility in accordance with the approved monitoring plan through the active life of the Facility, and for five years after closure activities are completed. The ground water monitoring results shall be submitted to the Department for review within 45 days of each sampling event. Respondents shall control any objectionable odors emanating from the Facility in accordance with Rule 62- 296.320(2), Florida Administrative Code. Since strong odors have been detected off-site, beyond the disposal area boundary, Respondents shall comply with the requirements of Rule 62- 701.530(3)(b), Florida Administrative Code. See Endnote 3. Therefore, within 30 days of the effective date of this Final Order, Respondents shall implement a routine monitoring program to determine the timing and the extent of any off-site odors. If the monitoring program confirms the existence of objectionable odor, Respondents shall submit to the Department for approval an Odor Remediation Plan (Plan) within 60 days of confirmation of objectionable odors. The Plan shall describe the nature and extent of the problem and the proposed remedy. The Plan shall be implemented within 30 days of approval. Upon review of the Plan, the Department may request additional information. Any additional information shall be submitted to the Department within 30 days of receipt of the Department’s written request. If additional information is not submitted in a timely manner, the Department will approve or deny the Plan as submitted. Upon approval, the Plan shall be incorporated herein and made part of this Final Order and the Respondents shall implement the conditions in the Plan pursuant to an approved schedule. If the proposal is denied, Respondents shall submit a new plan or modifications to the plan within 30 days and the review process shall continue as detailed herein. Respondents shall submit monthly reports to the Department. The reports shall include all data collected during the monitoring. The first report shall be submitted to the Department within 45 days of the implementation of the plan and shall continue every 30 days thereafter. Respondents are ordered to close the Facility within 60 days of this Final Order, unless the time is extended by the Department. Respondents shall implement closure activities in accordance with Rule 62-701.730(9)(b)(c)(d) and (10), Florida Administrative Code. Closure activities shall include, but not be limited to the following: Grade and compact the disposal area to eliminate ponding, promote drainage and minimize erosion. Establish and maintain side slopes no greater than three feet horizontal to one foot vertical rise in all above-grade disposal areas. Establish and maintain final cover consisting of a 24-inch thick layer of clean soil, the upper six inches of which shall be capable of supporting vegetation. Seed and/or plant vegetative cover over the disposal area. Respondents shall monitor the effectiveness of the cover for a minimum of five years following completion of closure activities, and acceptance by the Department. Within 30 days of the completion of the closure activities, Respondents shall provide the Department with "Certification of Closure Construction Completion" and a final survey report, conducted by a Professional Land Surveyor in accordance with Rule 62-701.610(3) Florida Administrative Code, if the disposal operation has raised the elevation higher than 20 feet above natural land surface. Within 60 days of the effective date of this Order, Respondents shall pay $3,000.00 to the Department for the administrative penalties assessed above. Payment shall be made by cashier's check or money order payable to the "State of Florida Department of Environmental Protection" and shall include thereon the OGC Case No.: 01-1946 and notation "Ecosystem Management and Restoration Trust Fund." The payment shall be sent to the Department of Environmental Protection, Central District Office, 3319 Maguire Boulevard, Suite 232, Orlando, Florida 32803-3767. In addition to the administrative penalties, within 60 days of the effective date of this Final Order, Respondents shall pay $500.00 to the Department for costs and expenses. Payment shall be made by cashiers check or money order payable to "State of Florida Department of Environmental Protection" and shall include OGC Case No. 01-1946 thereon with the notation "Ecosystem Management and Restoration Fund." The payment shall be sent to the Department of Environmental Protection, Central District Office, 3319 Maguire Boulevard, Suite 232, Orlando, Florida 32803-3767. Respondents will remain liable to the Department for any damages resulting from the violations alleged herein and for the correction, control, and abatement of any pollution emanating from Respondents' Facility. Respondents may request and the Department may extend the time limits imposed by this Final Order. DONE AND ORDERED this 24th day of December, 2002, in Tallahassee, Leon County, Florida. CHARLES A. STAMPELOS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings, this 24th day of December, 2002.
