Proposed Amendments to Chapter 32, Article V, Solid Waste Management Ordinance Case No. PH-ORD-041 Presented by the Orange County Environmental Protection Division November 17, 2011 Local Planning Agency

2 Presentation Outline Purpose Background Proposed Amendments Comprehensive Plan References Action Requested

3 Presentation Outline Purpose Background Proposed Amendments Comprehensive Plan References Action Requested

4 Purpose Review the proposed amendments and determine if the proposed amendments are consistent with the County' s comprehensive plan.

5 Presentation Outline Purpose Background Proposed Amendments Comprehensive Plan References Action Requested

6 Background Chapter 32 Article V has an existing prohibition of Class I landfills within the Wekiva Study Area. Proposed amendments will clarify that waivers cannot be granted for this prohibition.

8 Background Section (c)(4) Existing landfill restrictions within the Wekiva Study Area: Facility Type Floridan Aquifer Vulnerability Zones Primary…Secondary…Tertiary… Class I LandfillProhibited Class III LandfillPresumptive Prohibition Unless exempt pursuant to section (a)(2), liners shall be constructed in accordance with section (a)(2) Construction and Demolition Debris Disposal Facility Presumptive Prohibition Unless exempt pursuant to section (a)(2), liners shall be constructed in accordance with section (a)(2)

9 Background Section (k) Factors to consider for a waiver: 1.Location of real property; 2.Distance of the proposed solid waste management facility from improvements on adjoining real property; 3.Effect of the proposed waiver on adjoining property; 4.Current physical conditions on the real property whereon the solid waste management facility is proposed to be located; 5.Whether the waiver would be contrary to the public health, safety and welfare and/or adopted plans, policies or ordinances of the county; 6.Any special conditions applicable to the real property whereon the solid waste management facility is proposed to be located; and 7.Whether the waiver would diminish the level of environmental protection provided by this article or would otherwise nullify the intent and the purpose of this article.

10 Presentation Outline Purpose Background Proposed Amendments Comprehensive Plan References Action Requested

11 Proposed Amendments Section (a)

12 Proposed Amendments Section (k)

13 Presentation Outline Purpose Background Proposed Amendments Comprehensive Plan References Action Requested

14 Comprehensive Plan References Solid Waste Element Policy (regulation of private facilities) Policy (siting criteria in the WSA) Future Land Use Element Policy (protect the WSA through the establishment of three protection zones) Conservation Element Policy (protect the WSA through the establishment of three protection zones)

15 Comprehensive Plan References Comp Plan - Solid Waste Element OBJECTIVE 1.5 Orange County shall continue to require that all existing and future privately owned solid waste management activities be operated in an environmentally sound manner… Policy Orange County shall continue to regulate private solid waste management facilities through the Solid Waste Management Ordinance, as amended, and the Zoning Code, as amended.

16 Comprehensive Plan References Comp Plan - Solid Waste Element OBJECTIVE 2.1 Orange County shall ensure the proper management of hazardous wastes… Policy (Wekiva Study Area) 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.

17 Comprehensive Plan References Comp Plan - Future Land Use Element OBJECTIVE 6.6 WEKIVA. By January 1, 2007, the Land Development Code shall establish specific requirements for development within the Wekiva Study Area that may be necessary to protect ground water and surface water resources and to help attain target water quality standards. The requirements shall address, but not be limited to, allowed uses, stormwater management, open space, habitat protection, and public facilities. Policy The County shall protect the Wekiva Study Area through the establishment of three protection zones based upon the aquifer vulnerability data provided in the Florida Geological Survey Report of Investigation 104: Wekiva Aquifer Vulnerability Assessment (WAVA)…

18 Comprehensive Plan References Comp Plan - Conservation Element OBJECTIVE 1.11 Orange County shall protect and conserve groundwater quantity and quality by implementing the following policies. Policy The County shall protect the Wekiva Study Area through the establishment of three protection zones based upon the aquifer vulnerability data provided in the Florida Geological Survey Report of Investigation 104: Wekiva Aquifer Vulnerability Assessment (WAVA)…

19 Action Requested Find the proposed Ordinance amending Chapter 32, Article V consistent with the Orange County Comprehensive Plan.

Proposed Amendments to Chapter 32, Article V, Solid Waste Management Ordinance Case No. PH-ORD-041 Presented by the Orange County Environmental Protection Division November 17, 2011 Local Planning Agency

Supplemental Materials

Background 2005Legislature adopted FS 369 Part III Wekiva Parkway and Protection Act Dec 2007Orange County adopted required WSA Comprehensive Policy Plan Amendments Feb 2008Moratorium on solid waste facilities in Wekiva Study Area Feb 2009Siting Study by consultants Apr 2009BCC adopted Chapter 32 Art V revisions including WSA restrictions and clarifying applicability within municipalities