Environmental Protection Division June 4, 2013 BCC Public Hearing Solid Waste Management Facility Permit Modification Request Hubbard Construction Company dba Mid-Florida Materials District 2

Presentation Outline Communication Request Background Waivers Recommendation 2

Communication Prior to this afternoons hearing, EPD Staff met with Commissioner Brummer to review the staff report and recommendation that is found in your agenda packet. 3

Presentation Outline Communication Request Background Waivers Recommendation 4

Request Applicant requests approval to modify an existing permit for a Construction and Demolition (C&D) Debris Disposal Facility (landfill), to allow vertical expansion and transition to a Class III Landfill. 5

Presentation Outline Communication Request Background Waivers Recommendation 6

Background 7 Golden Gem Rd Ponkan Rd SR 441 Plymouth Sorrento Rd (Future) SR 429 Kelly Park Rd SR 441 Haul Routes Parcel IDs: , ;

Background 8 Existing Mid-Florida Materials C&D Debris Landfill Apopka Golden Gem Rd Kelly Park Crossing (Future) SR 429 Orange County Borrow Pit Existing Golden Gem Road Class III Landfill

Background Operated as a borrow pit since 1960s Operated by Hubbard Construction Company as a landfill since mid 1980s Incoming waste examined by a trained spotter Authorized solid waste disposed in excavated pits 9

C&D Debris generally from construction or destruction of a structure generally considered not water soluble and non- hazardous in nature steel, glass, brick, concrete, roofing, pipe, wallboard, and lumber; also land clearing debris and yard trash Class III Waste not restricted to a particular type of source not expected to produce leachate which poses a threat to public health or the environment includes C&D Debris and similar materials (paper, cardboard, cloth, glass, plastic, furniture, etc.) includes processed (cut) tires and regulated asbestos 10 Background

Background North 100 acres Cells South 120 acres Cells

Permitted C&D continue C&D debris in Cells 3-6 –2 ft soil final cover –no bottom liner C&D debris in Cells 7-10 –2 ft soil final cover –no bottom liner Proposed Class III Class III above C&D debris in Cells 3-6 –soil and top liner final cover –no bottom liner Class III waste in Cells 7-10 –soil and top liner final cover –bottom liner with leachate collection and treatment 12 Background C&D Class III C&D

Permitted C&D no weekly cover ~ 6 groundwater wells monitored semiannually voluntary quarterly odor monitoring gas vents and flares only if needed Proposed Class III 6 weekly cover soil ~ 40+ groundwater wells monitored semiannually quarterly odor and methane monitoring gas vents required for top liner, flares if needed 13 Background

Permitted C&D ~ 5 years post-closure maintenance and monitoring agreement to offer donation of south 120 acres Proposed Class III ~ 30 years post-closure maintenance and monitoring no change 14 Background

Presentation Outline Communication Request Background Waivers Recommendation 15

Waivers 1.Wekiva Study Area Presumptive Prohibition 2.Third-Party Consultant Review of Cell 3-6 Liner Exemption 3.Less than 5 Feet Between Landfill Base and Seasonal High Water Table, Cells Final Elevations Above Original Grade 5.Reduced Setbacks on Southern and Portion of Western Boundary 6.Reduced Landscape Visual Buffer (Trees) 7.Plans with Grades Depicted at Lines at 2-foot Instead of 1-foot Contour Interval 16

Waivers 1.Wekiva Study Area Presumptive Prohibition 2004FS 369 Part III – Wekiva Parkway and Protection Act construct Wekiva Parkway protect water resources in Wekiva Study Area (WSA) 2007Comprehensive Plan Amendments for Wekiva 2008Study - Siting Solid Waste Facilities in WSA 2009Chapter 32 Art V amendments presumptive prohibition of both C&D and Class III landfills in all but least vulnerable portions of WSA 17

Primary (more vulnerable) Secondary (vulnerable) Tertiary (less vulnerable) Wekiva (Floridan) Aquifer Vulnerability Assessment The tendency or likelihood for contaminants to reach the top of the Floridan Aquifer System after introduction at land surface. Wekiva River Protection Area 18 Wekiva Study Area

Waivers 1.Wekiva Study Area Presumptive Prohibition –current C&D permit is grandfathered –Class III proposal not grandfathered –The proposed Class III design is more protective of the environment and the FAS [Floridan Aquifer System] … (regardless of underlying geology) –in South 120 acres during operational phase with weekly cover once each Cell is capped with top liner –in North 100 acres during operational phase with bottom liner once each Cell is capped with top liner 19

Waivers 2.Third-Party Consultant Review of Cell 3-6 Liner Exemption –EPD determines if applicant satisfies liner exemption criteria –In making determination, a third-party consultant should be hired to provide a third opinion to EPD –Applicant requests, The FDEPs review of the subject permit application can be considered a 3rd party review. FDEP liner exemption criteria is the same FDEP approved permit modification in Oct

Waivers 3.Less than 5 Feet Between Landfill Base and Seasonal High Water Table, Cells 7-10 –Code states, Alternatives to the five-foot layer may be allowed as a waiver providing that equivalent performance criteria is met. –The proposed bottom geomembrane liner, … will provide in excess of equivalent performance to the impedance of leachate as would have the 5 feet of soil… 21

Waivers 4.Final Elevations Above Original Grade –BCC waiver is required for filling above natural grade –BCC can allow up to 50 feet above grade –Historic natural grade varies from 143 ft down to 70 ft (above sea level) –Existing site plan peaks at 137 ft (above sea level) has waiver for up to 43 ft above grade at some locations –Proposed site plan peaks at 168 ft (above sea level) requests waiver for up to 50 ft above grade at some locations 22

SOUTH NORTH (slopes not to scale) Waivers 23 Historic Natural Grade

SOUTH NORTH (slopes not to scale) Waivers 24 Excavation Pit Historic Natural Grade

SOUTH NORTH (slopes not to scale) Waivers ft Historic Natural Grade Max Allowable by Waiver + 50 ft

SOUTH NORTH (slopes not to scale) Waivers 26 Max Allowable by Waiver Permitted C&D Final Grade

SOUTH NORTH (slopes not to scale) Waivers 27 Max Allowable by Waiver Proposed Class III Final Grade

Waivers 70 ft 137 ft 120 ft 130 ft 120 ft Permitted C&D Debris 137 ft peak Natural High Point at 143 ft 28

Waivers 168 ft 166 ft 145 ft 120 ft 70 ft Proposed Class III 168 ft peak Natural High Point at 143 ft 29

Waivers 5.Reduced Setbacks on Southern and Portion of Western Boundary –below grade setback is per excavation permit (doesnt require waiver) –above grade setback by code is 150 ft in these areas –request to reduce to 50 ft in areas adjacent to: an existing Class III landfill an Orange County borrow pit 30

Waivers Existing Golden Gem Road Class III Landfill Mid-Florida Materials 31 Above grade starting at 50 ft setback (with Class III starting at 100 ft setback) 0 C&D Class III Orange County Borrow Pit (slope not to scale)

Waivers 6.Reduced Landscape Visual Buffer (Trees) –primarily used as visual buffer with 1 tree / 60 feet –request no trees along property boundary shared with another landfill –existing waiver (for both landfills) Property boundary 32 Mid-Florida Materials

Waivers Existing Golden Gem Road Class III Landfill Areas with reduced landscaping (no trees) Mid-Florida Materials 33

Waivers 7.Plans with Grades Depicted at Lines at 2-foot Instead of 1-foot Contour Interval –Plan sheets more legible –In this instance did not negatively affect ability to review 34

Presentation Outline Communication Request Background Waivers Recommendation 35

BCC Action Requested APPROVAL OF MODIFICATION OF THE SOLID WASTE MANAGEMENT FACILITY PERMIT #SW LFCD- 85/1212 TO A CLASS III LANDFILL FOR HUBBARD CONSTRUCTION COMPANY, DBA MID-FLORIDA MATERIALS, WITH WAIVERS AND WITH CONDITIONS, FOR THE CURRENT PERMIT DURATION OF DECEMBER 3,