Presented by the Orange County Environmental Protection Division March 10, 2009

1. Board of County Commissioners Proposed Amendments to Chapter 32, Article V, Solid Waste Management, and to Chapter 38, Zoning Orange County Code Presented by the Orange County Environmental Protection DivisionMarch 10, 2009

2. Presentation Outline • Purpose • History • Proposed Amendments • Summary • Action Requested

3. Presentation Outline • Purpose • History • Proposed Amendments • Summary • Action Requested

4. Purpose • Amend Chapter 32 and 38, in response to Comprehensive Policy Plan, Solid Waste Element, Policy 2.1.5 • Adopt additional code updates at the same time

5. Presentation Outline • Purpose • History • Proposed Amendments • Summary • Action Requested

6. History • Florida Statutes Chapter 369 Part III (2004)“Wekiva Parkway and Protection Act” • found that springs are threatened by flow reductions and declining water quality • required local governments to amend Comprehensive Policy Plans to include the protection of: • most effective recharge areas • karst features • sensitive natural habitats

7. History • Comprehensive Policy Plan Amendments for the Wekiva Parkway and Protection Act • Adopted by BCC in December 2007

8. History • Moratorium in Wekiva Study Area • no applications for new or expanded solid waste facilities • effective January 17, 2008 – January 31, 2009 • allow time to conduct study • allow time to develop code amendments • in January 2009 extended up to April 30, 2009

9. History • Study on Siting of Solid and Hazardous Waste Management Facilities in WSA • outsourced to Brown and Caldwell • reviewed Wekiva Aquifer Vulnerability Assessment model • reviewed current facility classifications and requirements • evaluated relative potential risks to aquifer • recommended siting requirements, additional controls, etc.

10. History • Stakeholders • Nov 17, 2008 • Feb 26, 2009 - update • EPC • Nov 19, 2008 – recommendation of support • Feb 25, 2009 - update • LPA • Nov 20, 2008 - work session; • Feb 19, 2009 - found consistent with Comprehensive Policy Plan (unanimous)

11. Presentation Outline • Purpose • History • Proposed Amendments • Summary • Action Requested

12. Summary Proposed Amendments: • Restrictions and requirements within aquifer vulnerability zones • Update stormwater management requirements • Adopt portions of state rules for groundwater monitoring • Adopt portions of state rules for facility construction • Clarify that BCC may consider applicant history • Require financial assurance for remedial actions • Miscellaneous code formatting and consistency revisions • Amendments to Zoning code and Use Table • Applicability within municipalities

13. Proposed Amendments • Restrictions and requirements within aquifer vulnerability zones All groundwater is vulnerable

14. Primary (“more vulnerable”) Secondary (“vulnerable”) Tertiary (“less vulnerable”)

15. Land UsePlanning EnvironmentalProtection and Low Risk of Impact Primary “more vulnerable” Moderate Riskof Impact Secondary “vulnerable” High Risk of Impact Tertiary “less vulnerable”

16. Proposed Amendments • Restrictions and requirements within aquifer vulnerability zones • Primary (“more vulnerable”) zone and Secondary (“vulnerable”) zone • “presumptive prohibition” of RCRA Hazardous Waste Treatment Storage and Disposal Facilities • “presumptive prohibition” of solid waste disposal facilities • additional controls for solid waste “non-disposal” facilities (e.g. transfer stations, recycling)

17. Proposed Amendments • Restrictions and requirements within aquifer vulnerability zones cont’d Examples of additional controls for non-disposal facilities: • increased waste screening • enhanced leachate controls • enhanced stormwater control • enhanced water quality monitoring • additional staff training

18. Proposed Amendments • Restrictions and requirements within aquifer vulnerability zones cont’d • Tertiary (“less vulnerable”) zone • Hazardous waste treatment and storage facilities allowed* • All solid waste facilities allowed* * Subject to standard regulatory requirements

19. Proposed Amendments • Restrictions and requirements within aquifer vulnerability zones cont’d Allowance for site-specific hydrogeological study based on Weights-of-Evidence model Soil Permeability + Proximity to Karst Feature + Intermediate Aquifer Thickness + Hydraulic Head Difference = Aquifer Vulnerability may have better input data

20. Proposed Amendments • Restrictions and requirements within aquifer vulnerability zones cont’d • lawfully existing sites “grandfathered” • substantial changes or deviations (e.g. lateral expansions) trigger new siting requirements

21. The following proposed amendments (#2 - #9) will apply throughout Orange County.

22. Proposed Amendments • Update stormwater management requirements • use subdivision stormwater regulations as a base • disposal facilities still required to retain the 100-yr 24-hour storm • proposing setbacks from karst features • proposing enhanced water quality / pollution abatement for “non-disposal” facilities

23. Proposed Amendments

24. Proposed Amendments • Update stormwater management requirements cont’d • lawfully existing sites “grandfathered” for retention volume • adding stormwater system maintenance • mandatory sediment removal and restoration to design specs every 5 years • removed sediment must be disposed in lined landfill

25. Proposed Amendments • Adopt portions of state rules for groundwater monitoring • substitute existing code with portions of FAC 62-701 (Solid Waste Management Facilities) adopted by reference • retain the more stringent Orange County requirements • clarify that water quality monitoring includes all areas contacted by leachate

26. Proposed Amendments • Adopt portions of state rules for facility construction • substitute with portions of FAC 62-701 adopted by reference • bottom liner • top cover • closure • retain the more stringent Orange County requirements

27. Proposed Amendments • Clarify that BCC may consider applicant history • already considered by BCC during permit renewals • adding explicitly that BCC may consider for new permits

28. Proposed Amendments • Require financial assurance for remedial actions • FDEP uses separate financial assurance for remedial actions • proposing to align county requirements with FDEP’s

29. Proposed Amendments • Miscellaneous code formatting and consistency revisions • throughout Chapter 32 Article V • definitions more consistent with FS 403.703 • reorganize

30. Proposed Amendments • Zoning code and Use Table (Chapter 38) • add/revise definitions • make permitted Zoning districts in Chapter 32 and 38 consistent • add new use category for Hazardous Waste Treatment Storage and Disposal Facilities • limited to I-4 (heavy industrial) • must comply with Chapter 32 Article V • prohibited in Primary and Secondary aquifer vulnerability zones

31. Proposed Amendments • Applicability within municipalities • currently does not apply in incorporated areas unless by agreement • inconsistent with Charter • until May 1, 2010 to either • have municipality adopt and permit under same or more stringent rules, or • apply to Orange County for permit

32. Presentation Outline • Purpose • History • Proposed Amendments • Summary • Action Requested

33. Summary Proposed Amendments: • Restrictions and requirements within aquifer vulnerability zones • Update stormwater management requirements • Adopt portions of state rules for groundwater monitoring • Adopt portions of state rules for facility construction • Clarify that BCC may consider applicant history • Require financial assurance for remedial actions • Miscellaneous code formatting and consistency revisions • Amendments to Zoning code and Use Table • Applicability within municipalities

34. Action Requested 1st Hearing No action requested; confirm scheduling for 2nd hearing 2nd Hearing Determine that the proposed ordinance will not have a substantial impact on the development of real property within Orange County. Adopt the Ordinance amending Chapter 32, Article V, and Chapter 38, related to Solid Waste Management as well as Hazardous Waste.

35. Board of County Commissioners Proposed Amendments to Chapter 32, Article V, Solid Waste Management, and to Chapter 38, Zoning Orange County Code Presented by the Orange County Environmental Protection DivisionMarch 10, 2009

36. Supplemental Materials