proposed amendments to chapter 32, article v, solid waste management, and to chapter 38, zoning...

Proposed Amendments Proposed Amendments to Chapter 32, Article V, to Chapter 32, Article V,

Solid Waste Management, and Solid Waste Management, and to Chapter 38, Zoning to Chapter 38, Zoning Orange County CodeOrange County Code

Presented by the Presented by the Orange County Environmental Protection DivisionOrange County Environmental Protection Division

April 28, 2009April 28, 2009

Board of County Board of County CommissionersCommissioners

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Presentation OutlinePresentation Outline

• Purpose

• History

• Proposed Amendments

• Revisions after the First BCC Hearing

• Summary

• Action Requested

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• Purpose

• HistoryHistory

• Proposed AmendmentsProposed Amendments

• Revisions after the First BCC HearingRevisions after the First BCC Hearing

• SummarySummary

• Action RequestedAction Requested

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PurposePurpose

• 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

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• PurposePurpose

• History


• Revisions after the First BCC HearingRevisions after the First BCC Hearing

• SummarySummary


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HistoryHistory

• 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

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HistoryHistory

• Comprehensive Policy Plan Amendments for the Wekiva Parkway and Protection Act

• Adopted by the BCC in December 2007

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HistoryHistory

• 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 themoratorium was extended up to April 30, 2009

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HistoryHistory

• 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.

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HistoryHistory

• Stakeholders– Nov 17, 2008 and Feb 26, 2009– Mar 23, 2009 (with municipalities)

• EPC– Nov 19, 2008 – recommendation of support (unanimous)– Feb 25, 2009

• LPA– Nov 20, 2008 - work session– Feb 19, 2009 - found consistent with Comprehensive Policy

Plan (unanimous)

• BCC– Mar 10, 2009 (continued)– Apr 7, 2009 (no action requested)

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• PurposePurpose

• HistoryHistory

• Proposed Amendments

• Revisions after the First BCC Hearing Revisions after the First BCC Hearing

• SummarySummary


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SummarySummary

Proposed Amendments:

1. Restrictions and requirements within aquifer vulnerability zones

2. Update stormwater management requirements

3. Adopt portions of state rules for groundwater monitoring

4. Adopt portions of state rules for facility construction

5. Clarify that BCC may consider applicant history

6. Require financial assurance for remedial actions

7. Miscellaneous code formatting and consistency revisions

8. Amendments to Zoning code and Use Table

9. Applicability within municipalities

The following proposed The following proposed amendment (#1) will apply only amendment (#1) will apply only within the Wekiva Study Area.within the Wekiva Study Area.

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Proposed AmendmentsProposed Amendments


All groundwater is vulnerable

Primary (“more vulnerable”)

Secondary (“vulnerable”)

Tertiary (“less vulnerable”)

Wekiva Study Area

Primary

“more vulnerable”

Secondary

“vulnerable”

Tertiary

“less vulnerable”

High Risk of Impact

Moderate Riskof Impact

Low Risk of Impact

Land UsePlanning and

EnvironmentalProtection

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• 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)

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1. Restrictions and requirements within aquifer vulnerability zones cont’d

“Presumptive prohibition” can be overcome by 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

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Examples of additional controls for non-disposal facilities:

• increased waste screening

• enhanced leachate controls

• enhanced stormwater control

• enhanced water quality monitoring

• additional staff training

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• Tertiary (“less vulnerable”) zone

• Hazardous waste treatment and storage facilities allowed*

• All solid waste facilities allowed*

* Subject to standard regulatory requirements

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• lawfully existing sites “grandfathered”

• substantial changes or deviations (e.g. lateral expansions) trigger new siting requirements

The following proposed The following proposed amendments (#2 - #9) will apply amendments (#2 - #9) will apply

throughout Orange County.throughout Orange County.

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• 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

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0

1

2

3

4

5

6

7

8

9

10

11

12

Non-disposal(current)

Non-disposal(proposed)

Disposal (stay at100-yr storm)

Inch

es r

ain

fall

(re

ten

tio

n)

Minimum Maximum

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2. 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

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• 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

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• substitute with portions of FAC 62-701 adopted by reference

• bottom liner

• top cover

• closure

• retain the more stringent Orange County requirements

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• already considered by BCC during permit renewals

• adding explicitly that BCC may consider for new permits

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• FDEP uses separate financial assurance for remedial actions

• proposing to align county requirements with FDEP’s

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• throughout Chapter 32 Article V

• definitions more consistent with FS 403.703

• reorganize some text

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8. 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

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• currently does not apply in incorporated areas unless by agreement

• proposing to make more consistent with the 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

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• PurposePurpose

• HistoryHistory


• Revisions after the First BCC Hearing

• SummarySummary


Revisions Revisions after the First BCC Hearingafter the First BCC Hearing

• Section 32-215(a)(21)

– amend to reference the applicable municipal fire fighting authority

• Section 32-215(f)(4)

– include proposal for additional controls with submittals

• Section 32-216(a)(6)

– amend to reference the applicable municipal road construction standards

• Section 32-216(c)(4), and 32-224

– insert the word “Floridan” as part of the term “Aquifer Vulnerability Zone”

– insert “and the manager agrees” for site-specific study

• Section 32-224 and 38-79(154)

– delete “within the Wekiva Study Area” limitation to need for special exception

Revisions (Page 22)Revisions (Page 22)

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• PurposePurpose

• HistoryHistory


• Revisions after the First BCC Hearing Revisions after the First BCC Hearing

• Summary


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SummarySummary

Proposed Amendments:








8. Amendments to Zoning code and Use Table


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Action RequestedAction Requested

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, including the requested revisions as presented.

Commissioner Brummer’s Commissioner Brummer’s Revisions for ConsiderationRevisions for Consideration

• Prohibit Class I (household garbage) landfills in the entire Wekiva Study Area

• For solid waste management sites within the WSA

– a third-party professional, retained by the County at the applicant’s expense, will evaluate requests to classify a site within another Floridan Aquifer Vulnerability Zone and report findings to the EPD manager

• For Class III and construction and demolition debris disposal sites within the WSA:

– added a requirement of liner and leachate control unless applicant can demonstrate that a liner is not needed

– a third-party professional, retained by the County at the applicant’s expense, will evaluate requests for liner exemptions and report findings to the EPD manager

Proposed Amendments Proposed Amendments to Chapter 32, Article V, to Chapter 32, Article V,

Solid Waste Management, and Solid Waste Management, and to Chapter 38, Zoning to Chapter 38, Zoning Orange County CodeOrange County Code

Presented by the Presented by the Orange County Environmental Protection DivisionOrange County Environmental Protection Division

April 28, 2009April 28, 2009

Board of County Board of County CommissionersCommissioners

Supplemental MaterialsSupplemental Materials

proposed amendments to chapter 32, article v, solid waste management, and to chapter 38, zoning...

Documents

bcc hearingsummaryaction

solid waste management

wekiva parkway

siting requirements

comprehensive policy

solid waste element

siting of solid

protection actfound