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Moratorium on Solid Waste Permits in Wekiva Study Area

Proposed ordinance to establish a one-year moratorium on permits and special exceptions for solid waste management facilities in the Wekiva Study Area. The aim is to study and adopt related land development regulations.

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Moratorium on Solid Waste Permits in Wekiva Study Area

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  1. Proposed Ordinance Establishing Moratorium on Permits and Special Exceptions for Solid Waste Management Facilities in the Wekiva Study Area Board of County Commissioners Public Hearing February 19, 2008

  2. Presentation Outline • Wekiva Study Area Comprehensive Policy Plan Amendments • Solid Waste Management Facilities • Permit Process and Technical Review • Board of Zoning Adjustment – Special Exception • Effects of WSA on Site Issues and Permit Review • Ordinance • Requested Action

  3. Presentation Outline • Wekiva Study Area Comprehensive Policy Plan Amendments • Solid Waste Management Facilities • Permit Process and Technical Review • Board of Zoning Adjustment – Special Exception • Effects of WSA on Site Issues and Permit Review • Ordinance • Requested Action

  4. Comprehensive Policy Plan Amendments • Wekiva River Protection Act – F.S. 369.301 – 369.309 It is the intent of the Legislature that comprehensive plans and land development regulations of Orange, Lake, and Seminole Counties be revised to protect the Wekiva River Protection Area…. 369.305 (1) (Existing OCC Chapter 15, Article XIII Wekiva River Protection based upon this same state statute) • Wekiva Parkway and Protection Act – F.S. 369.314 – 369.324 …each local government within the Wekiva Study Area shall amend its local government comprehensive plan... 369.321 Defines the Wekiva Study Area (WSA) F.S. 369.316

  5. Wekiva Study Area

  6. BCC Action • BCC Adoption December 18, 2007 CPP Solid Waste Element – Policy 2.1.5 “By July 1, 2008, the County will evaluate the hazards posed by new solid waste facilities and expansions or extension requests of existing facilities within the Wekiva Study Area (WSA). The County will study appropriate siting criteria and other issues for solid waste transfer stations, hazardous and toxic materials treatment and disposal sites, and landfills. The County shall adopt regulations, as needed, to limit or exclude such facilities within portions of the WSA by December 31, 2008.” • BCC proposed a one-year moratorium on December 18, 2007 Moratorium on issuance of permits and special exception approval for solid waste facilities within the Wekiva Study Area in order to study and adopt related land development regulations.

  7. Presentation Outline • Wekiva Study Area Comprehensive Policy Plan Amendments • Solid Waste Management Facilities • Permit Process and Technical Review • Board of Zoning Adjustment – Special Exception • Effects of WSA on Site Issues and Permit Review • Ordinance • Requested Action

  8. Solid Waste Management Facilities • Definition • Types of facilities • Existing code from Chapter 32 • Permitted facilities in WSA • Permit applications for WSA • Facilities not regulated by Orange County • Permit process and technical review • Potential effects of WSA regulations on solid waste reviews

  9. Solid Waste Management Facilities Definition Solid Waste Management Facility shall mean any solid waste disposal area; volume reduction plant; transfer station; materials recovery facility; or other facility, the purpose of which is resource recovery or disposal, recycling, processing, or storage of solid waste. (OCC 32-213)

  10. Types of Solid Waste Management Facilities Landfills (OCC 32-214 (c)) • Class I landfills • Class II landfills • Class III landfills • Construction and demolition debris landfills

  11. Types of Solid Waste Management Facilities Other Than Landfills • Composting facilities (excluding those located at permitted landfills) • Used oil recycling facilities • Waste tire processing facilities • Incinerators, if the facility is also storing or disposing of solid waste on the site • Solid waste transfer stations

  12. Types of Solid Waste Management Facilities Other Than Landfills (continued) • Yard waste and land clearing debris recycling facilities (excluding those located at permitted landfills) having at any time a cumulative volume of solid waste, yard waste, land clearing debris, compost, mulch, and other recycled product of two hundred (200) cubic yards or greater • Materials recovery facilities (excluding those located at permitted landfills) • Any other facility that the Orange County Board of Commissioners may consider to meet the definition of solid waste management facility and/or may present any threat to human health or the environment

  13. Related Codefrom Chapter 32 OCC Chapter 32 Article V, Solid Waste Management 32-216(b)(4) No permit shall be issued for • Any area determined by Orange County to constitute a conservation area, according to the standards established by the Orange County comprehensive policy plan, ordinances, rules or resolutions, • Nor shall any permit be issued for any area determined to be environmentally sensitive, including, but not limited to, areas protected by the Orange County conservation ordinance or the Orange County Econlockhatchee River Basin ordinance.

  14. Currently Permitted Facilities in WSA • Mid-Florida Materials • C/D landfill • 220 acres / 186 waste acres • current permit (Dec 4, 2007 - Dec 3, 2012) • longevity estimate: 2030s • Golden Gem Road Class III Landfill • Class III (C/D, yard waste, etc.) • 65 acres/43 waste acres • current permit (Jul 12, 2005 - Jul 11, 2010) • longevity estimate: 2009

  15. Permit Applications within the WSA Currently Under Review Note: These applications will not be affected by the moratorium, because they were submitted prior to January 17, 2008. • Golden Gem Road Class III Landfill • proposed expansion: 2.5 acres/2 waste acres • proposed longevity 2011 • Angelos Recycled Materials • existing facility • C/D MRF • outdoor storage • All-Rite Recycling • Class I MRF • Pro-Max Recycling • C/D MRF • proposed outdoor storage

  16. Other Solid Waste Facilities Located within the Wekiva Study Area; however, these are not regulated by Orange County • Porter Road Transfer Station (owned by O.C.) • Keene Road Landfill (Apopka) • Keene Road Disposal Landfill (Apopka)

  17. Permit Process and Technical Review • Permit Process Focus • Application to EPD – technical review • Development Review Committee – compatible/public interest, community meeting • BZA Special Exception Public Hearing – consistency with the CPP, similar & compatible to area, not a detrimental intrusion, meet performance standards, similar characteristics (noise, dust, odor, etc.) in the zoning district, landscape buffers in accord to 24-5 • BCC Public Hearing – facility serves public interest, provide needed service, consider EPD, DRC, BZA recommendations • EPD Technical Review of Permit • Submittals • Requirements • Inspections • Reporting

  18. Board of Zoning Adjustment Special Exception All Solid Waste Management Facilities are required to obtain a special exception authorization. The following criteria shall be met in review of any request for a special exception: • The use shall be consistent with the CPP. • The use shall be similar & compatible with the surrounding area and consistent with the surrounding pattern of development. • The use shall not act as detrimental intrusion. • The use shall meet the performance standards of the district. • The use shall be similar in characteristic (noise, dust, odor, etc.) associated with the majority of uses in the zoning district. • Landscape buffer yards shall be in accordance with 24-5. The solid waste permit and the special exception are considered by the BCC at the same public hearing.

  19. Potential Effects of WSA Regulations on Solid Waste Reviews County will study appropriate siting criteria and other issues for solid waste management facilities (Policy 2.1.5). This may include, but is not limited to, regulations related to: • Location of Future Solid Waste Management Facilities • Protection of Environmentally Sensitive Lands • Water Quality and Quantity – WAVA – design implications • Rare Upland Habitat Protection • Wildlife Habitat and Corridor Protection • Buffering • Restrictions to the Content of Waste Stream • Eliminate the generation of some wastes • Recycling

  20. Presentation Outline • Wekiva Study Area Comprehensive Policy Plan Amendments • Solid Waste Management Facilities • Permit Process and Technical Review • Effects of WSA on Site Issues and Permit Review • Board of Zoning Adjustment – Special Exception • Ordinance • Requested Action

  21. Ordinance AN ORDINANCE ESTABLISHING A MORATORIUM ON THE ISSUANCE OF PERMITS AND SPECIAL EXCEPTION APPROVALS FOR NEW SOLID WASTE FACILITIES AND EXPANSIONS AND EXTENSIONS OF EXISTING SOLID WASTE FACILITIES WITHIN THE WEKIVA STUDY AREA, SUBJECT TO EXCEPTIONS; CREATING DEFINITIONS; PROVIDING FOR REVIEW OF DETERMINATIONS; AND PROVIDING AN EFFECTIVE DATE. • Effective after BCC adoption • Effective until an ordinance establishing new land development regulations implementing CPP Solid Waste Element Policy 2.1.5 becomes effective, or until January 31, 2009 whichever date is earlier.

  22. Presentation Outline • Wekiva Study Area Comprehensive Policy Plan Amendments • Solid Waste Management Facilities • Permit Process and Technical Review • Board of Zoning Adjustment – Special Exception • Effects of WSA on Site Issues and Permit Review • Ordinance • Requested Action

  23. Requested Action Find the ordinance consistent with the Comprehensive Policy Plan and adopt the ordinance

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