November 13, 2007

1. BCC Public Hearings for consideration of a Solid Waste Management Permit - and -Special ExceptionBZA #SE-06-07-022, 9/6/07 APPLICANT: Republic Services of Florida, LP(Rocket Boulevard Materials Recovery Facility) November 13, 2007

2. Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Solid Waste Management Facility Permit Public Hearing • Concurrent BCC Action Request

3. Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Background / Project Data • Maps / Aerial / Site Plan • Staff Analysis • Site Photographs • BZA Findings / Recommendation / Conditions • Solid Waste Management Facility Permit Public Hearing • Concurrent BCC Action Request

4. Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Background / Project Data • Maps / Aerial / Site Plan • Staff Analysis • Site Photographs • BZA Findings / Recommendation / Conditions • Solid Waste Management Facility Permit Public Hearing • Concurrent BCC Action Request

5. Background CASE: BZA #SE-06-07-022 APPLICANT: Rocket Boulevard Materials Recovery Facility REQUEST: Special Exception to operate a Class I Solid Waste Facility (Transfer Station) ZONING: Ind-4 (Heavy Industrial) TRACT SIZE: 14 acres LOCATION: East side Rocket Boulevard, ¼ mile south of Central Florida Parkway DISTRICT: # 4

6. Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Background / Project Data • Maps / Aerial / Site Plan • Staff Analysis • Site Photographs • BZA Findings / Recommendation / Conditions • Solid Waste Management Facility Permit Public Hearing • Concurrent BCC Action Request

7. Zoning Map

8. Aerial Parcel Solid Waste Management Facility

9. Site Plan Existing Proposed

10. Building Design Drawing

11. Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Background / Project Data • Maps / Aerial / Site Plan • Staff Analysis • Site Photographs • BZA Findings / Recommendation / Conditions • Solid Waste Management Facility Permit Public Hearing • Concurrent BCC Action Request

12. Staff Analysis • Facility is surrounded by heavy industrial uses (concrete slab production facility, heavy equipment storage facility, concrete crushing facility, and, office/warehouses/outdoor storage. • CPP Future Land Use Map designates site for industrial use. • Nearest residential area is over ¼ mile to the south (Southchase P-D)

13. Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Background / Project Data • Maps / Aerial / Site Plan • Staff Analysis • Site Photographs • BZA Findings / Recommendation / Conditions • Solid Waste Management Facility Permit Public Hearing • Concurrent BCC Action Request

14. Site Photograph(Looking South) Subject Property

15. Site Photograph(Looking East) Existingbuilding Proposed building location (transfer station)

16. Site Photograph(Uses in the Area)

17. Site Photograph(Uses in the Area)

18. Site Photograph(Uses in the Area)

19. Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Background / Project Data • Maps / Aerial / Site Plan • Site Photographs • Staff Analysis • BZA Findings / Recommendation / Conditions • Solid Waste Management Facility Permit Public Hearing • Concurrent BCC Action Request

20. BZA Findings • The property is surrounded by intense industrial uses. • Request is consistent with CPP Future Land Use Map designation of Industrial. • Request is consistent with CPP Policy 1.2.2, Objective 1.2, Solid Waste Element: “Orange County shall promote private sector participation in resource recovery systems as an alternate means of solid waste management to reduce landfill disposal”. • Request is compatible with the surrounding land uses. • Haul routes confined to major streets and internal roads within the industrial area.

21. BZA Recommendation Approved the Special Exception request in that the BZA found it met the requirements governing Special Exceptions as spelled out in Orange County Code, Section 38-78, and that the granting of the Special Exception does not adversely affect general public interest; said approval is subject to ten conditions (unanimous)

22. BZA Conditions • Development in accordance with the site plan dated “Received May 7, 2007”, the November 1, 2006 DRC conditions, and all other applicable governmental rules and regulations. Any deviations, changes, or modifications to the plan are subject to the Zoning Manager’s approval. The Zoning Manager may require the changes be reviewed by the BZA for administrative approval or to determine if the applicant’s changes require another public hearing. • All outdoor lighting in accordance with Chapter 9, Orange County Code. • Access, drainage, roadway improvements and concurrency management shall be determined by the Public Works Department. • Landscaping in accordance with Chapter 24, Orange County Code. • Open or outdoor storage of Class 1 waste overnight (after operating hours) on the ground or in the building is prohibited. In the event of inclement weather during operating hours, the applicant shall secure all Class 1 waste with industrial-rated tarps or other similar application to contain waste and prevent fly-away litter from the building and haul vehicles. Overnight parking of haul vehicles containing uncovered Class I waste is prohibited. (conditions continued on next slide)

23. BZA Conditions (cont’d) • Install odor-neutralizing system inside proposed addition. System shall be functional and operational prior to obtaining final building inspection. • Hours of operation in accordance with Chapter 32, Orange County Code. • Haul route, dust emissions, and, detailed litter/odor/screening controls shall be subject to Environmental Protection Division review and Board of County Commissioner approval of the permit. • Building design per drawings dated/received September 6, 2007. • Obtain floodplain permit prior to construction.

24. Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Solid Waste Management Facility Permit Public Hearing • Concurrent BCC Action Request

25. Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Solid Waste Management Facility Permit Public Hearing • Request • Background • Waiver • Staff Findings • Recommendation / Conditions • Concurrent BCC Action Request

26. Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Solid Waste Management Facility Permit Public Hearing • Request • Background • Waiver • Staff Findings • Recommendation / Conditions • Concurrent BCC Action Request

27. Request • Applicant requests approval of a permit application to construct, operate, and close, as necessary, a Solid Waste Management Facility consisting of both a Materials Recovery Facility (MRF) and a Solid Waste Transfer Station. • Applicant requests a Waiver to operational setback

28. Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Solid Waste Management Facility Permit Public Hearing • Request • Background • Waiver • Staff Findings • Recommendation / Conditions • Concurrent BCC Action Request

29. Background • Class I • Includes residential and commercial garbage that contain putrescible waste • Excludes a few items such as hazardous waste • Class III • Yard waste, construction and demolition debris, and other debris such as paper, cardboard, asbestos, cloth, cut tires, glass, plastic, etc. • Recovered materials are NOT considered wastes • Paper (cardboard), plastic, metal, glass, textile, rubber materials

30. Materials Recovery Facility (MRF) No disposal occurs at site Mixed waste is sorted to extract recoverable and recyclable materials Most of waste sold as recovered materials (paper, plastic, mulch, concrete) Small amount of residual waste sent to landfill Transfer Station No disposal occurs at site Waste shipments are consolidated into larger loads All waste sent to landfill Background

31. Class III building Existing Class III MRF operation Propose Class III MRF / Transfer Station Did not require a permit before. Permit required now due to Dec 2005 code revisions Existing 10,000 sq ft building and site (New) Class I building To be constructed Propose Class I MRF / Transfer Station Permit required for new operation Proposed 12,000 sq ft building Background

32. Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Solid Waste Management Facility Permit Public Hearing • Request • Background • Waiver • Staff Findings • Recommendation / Conditions • Concurrent BCC Action Request

33. Waiver Request • Requested Setbacks • For existing Class III building: • 50 feet from eastern boundary • 93 feet from southern boundary • For proposed Class I building: • 77 feet from southern boundary • Code requires waiver • If less than 150 feet from property boundary • Factors • Class III building and operation already exists • Located in heavy industrial zone • Class I building will open on side facing Class III building

34. Waiver Request (Site Plan ) 150 ft 50 Existing Proposed 150 ft 150 ft 93 ft 77 ft

35. Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Solid Waste Management Facility Permit Public Hearing • Request • Background • Waiver • Staff Findings • Recommendation / Conditions • Concurrent BCC Action Request

36. Staff Findings • DRC Review • Recommended approval subject to five (5) conditions that have been included as permit conditions • BZA Review • Recommended approval of special exception subject to ten (10) conditions that have been included as permit conditions • EPD Review • Ensure proposal is consistent with Chapter 32 (Solid Waste Management Ordinance) and other regulations • Address concerns of stakeholders (community, facility, etc)

37. Site location Site layout Site security Waste stream monitoring & quality control Process and operations plan Leachate control Stormwater management Vehicular access (haul routes) Dust control Litter control Odor control Visual screening (& landscaping) Construction certification Fire and emergency preparedness Reporting requirements Financial responsibility Proper closure (in the future) Etc. Staff Findings

38. Haul Route(s)

39. Staff Findings • Litter control • Applicant responsible for clean-up of litter from operations • Clean-up of litter on Rocket Boulevard (south of Central Florida Parkway) • Litter fencing • No outdoor storage of putrescible waste • Illegal dumping controlled by site access security

40. Staff Findings • Odor control The following controls are utilized to minimize odor impacts • Residences are located over ¼ mile away • Class I waste must generally be shipped out within 48 hours or less • No Class I waste may be stored outdoors (except short-term in covered vehicles) • Class I waste is processed inside building (although 4th side is open) • Leachate collection system • Regular cleaning of tipping floors • Odor control system if necessary

41. Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Solid Waste Management Facility Permit Public Hearing • Request • Background • Waiver • Staff Findings • Recommendation / Conditions • Concurrent BCC Action Request

42. Recommendation / Conditions • Staff recommends approval of the permit application, for a period of 5 years, with a waiver for operational setback and subject to 60 conditions in the following categories: • Development Review Committee Conditions • Board of Zoning Adjustment Conditions • Waiver (operational setback) • General • Security and Access • Waste Quality Control • Ancillary Operations • Community Issues • Reporting and Record Keeping • Transfer / Closing • Fires, Emergency Preparedness

43. Presentation Outline • Board of Zoning Adjustment (BZA) Board-Called Public Hearing • Solid Waste Management Facility Permit Public Hearing • Concurrent BCC Action Request

44. BCC Action Requested APPROVAL OF • THE SOLID WASTE MANAGEMENT FACILITY (MATERIALS RECOVERY FACILITY AND TRANSFER STATION) PERMIT FOR ROCKET BOULEVARD MATERIALS RECOVERY FACILITY (REPUBLIC SERVICES OF FLORIDA, LP) WITH CONDITIONS, AND WAIVER REQUEST FOR REDUCED SETBACKS, FOR A DURATION OF FIVE (5) YEARS. CONCURRENTLY WITH • THE SPECIAL EXCEPTION REQUEST CONSISTENT WITH THE BOARD OF ZONING ADJUSTMENT’S RECOMMENDATION WITH CONDITIONS.

45. BCC Public Hearings for consideration of a Solid Waste Management Permit - and -Special ExceptionBZA #SE-06-07-022, 9/6/07 APPLICANT: Republic Services of Florida, LP(Rocket Boulevard Materials Recovery Facility) November 13, 2007

47. Supplementary Material

48. Permit Conditions (1-3) General • In the case of any conflict among these conditions, or between these conditions and applicable laws, the more extensive and restrictive requirements shall apply. • All plans, reports and other supporting documents submitted with the permit application, as approved, are incorporated as part of this permit and operation shall proceed in accordance with these documents. This permit includes, at a minimum, the following documents: • “Permit Application: Class I & III Waste Processing Facility”, dated March 14, 2006, and submitted by Jennifer L. Deal, P.E., Tetra Tech HAI. • The Environmental Protection Division (EPD) “Request for Additional Information”, dated October 2, 2006. • "Response to Request for Additional Information", dated November 20, 2006, and submitted by Jennifer L. Deal, P.E., Tetra Tech HAI. • "Rocket Boulevard Haul Routes" including revised application page 4, dated September 28, 2007, submitted by Jennifer L. Deal, P.E., Tetra Tech HAI. • Facility construction and operations shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or his or her authorized agent) to the Board of County Commissioners (BCC) at the public hearing where this permit was approved, where such promise or representation, whether oral or written, was relied upon by the BCC in approving the permit, could have reasonably been expected to have been relied upon by the BCC in approving the permit, or could have reasonably induced or otherwise influenced the BCC to approve the permit. For purposes of this condition, a “promise” or “representation” shall be deemed to have been made to the BCC by the applicant (or his or her authorized agent) if it was expressly made to the BCC at a public hearing where the permit was considered or approved.

49. Permit Conditions (4-9) • Any modifications to or deviations from this permit must be submitted to the EPD for review. The EPD shall determine if the modification or deviation is minor, or is major or substantial. The EPD may approve or deny minor modifications or deviations. Only the BCC may approve substantial deviations from, or major modifications to, this permit. • This permit does not relieve the permittee from the responsibility of obtaining and maintaining any/all other applicable federal, state or local permits and renewals thereto required for the site. The permittee is required to maintain, current and valid, any permit(s) required in Section 62-701 through 62-722, Florida Administrative Code (FAC). • No solid waste may be stored, processed, or disposed of in a manner or location that will cause air quality, water quality, or receiving water standards to be violated. • The permittee shall maintain and provide to the EPD evidence of financial responsibility, and financial assurance, using an approved method, in an amount equivalent to the county’s total cost of closure for the facility for the period of time when the extent and manner of operation make the closing most expensive. • After all proposed construction has been completed, and before acceptance of any solid waste in the proposed construction area, the engineer of record shall certify to the EPD that the permitted construction is complete and that it was done in accordance with the plans submitted to the EPD except where minor deviation was necessary. All deviations shall be described in detail and the reasons therefore enumerated. The permittee shall provide at least fourteen days advance notice to the EPD prior to accepting solid waste in the proposed construction area so that the EPD has the opportunity to inspect the site. • All activities at the facility shall be performed in accordance with the operation and maintenance manual and plans for the facility. Manuals and plans shall be updated whenever relevant operations change.

50. Permit Conditions (10-13) Security and Access • The facility shall be open to the County for the purpose of inspection during normal working hours of the facility and at any other time when work is in progress. • The Hours of Operation, as approved by the BCC, are: Monday – Friday: 7:00 a.m. – 7:00 p.m. Saturday: 7:00 a.m. – 7:00 p.m. Sunday: None Receipt or shipment of waste, and waste processing, are limited to within the Hours of Operation. Activities such as maintenance and cleaning are not considered operation and may be scheduled at the facility’s discretion. • A sign listing the approved Hours of Operation shall be posted and maintained in a manner that is clearly visible upon approach to the main entrance(s) to the facility. • Site access shall be controlled by an at least 6-foot high security chain link fence, or equivalent approved method. Fences or walls shall comply with Section 32-216(b)(10) and 38-1408, Orange County Code. Site access control shall be inspected at least quarterly and maintained at all times by the permittee. Gates shall be locked when the site is not open for business.