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 Division April 28, 2009 Board of County Commissioners

2 Presentation Outline Purpose History Proposed Amendments Revisions after the First BCC Hearing Summary Action Requested

3 Presentation Outline

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

5 Presentation Outline

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 the 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 the moratorium was 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 and Feb 26, 2009 –Mar 23, 2009 (with municipalities) EPC –Nov 19, 2008 – recommendation of support (unanimous) –Feb 25, 2009 LPA –Nov 20, work session –Feb 19, found consistent with Comprehensive Policy Plan (unanimous) BCC –Mar 10, 2009 (continued) –Apr 7, 2009 (no action requested)

11 Presentation Outline

12 Summary 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 amendment (#1) will apply only within the Wekiva Study Area.

14 Proposed Amendments 1.Restrictions and requirements within aquifer vulnerability zones 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 Risk of Impact Low Risk of Impact Land Use Planning and Environmental Protection

17 Proposed Amendments 1.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)

18 Proposed Amendments 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

19 Proposed Amendments 1.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

20 Proposed Amendments 1.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

21 Proposed Amendments 1.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

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

23 Proposed Amendments 2.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

24 Proposed Amendments

25 Proposed Amendments 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

26 Proposed Amendments 3.Adopt portions of state rules for groundwater monitoring substitute existing code with portions of FAC (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

27 Proposed Amendments 4.Adopt portions of state rules for facility construction substitute with portions of FAC adopted by reference bottom liner top cover closure retain the more stringent Orange County requirements

28 Proposed Amendments 5.Clarify that BCC may consider applicant history already considered by BCC during permit renewals adding explicitly that BCC may consider for new permits

29 Proposed Amendments 6.Require financial assurance for remedial actions FDEP uses separate financial assurance for remedial actions proposing to align county requirements with FDEP’s

30 Proposed Amendments 7.Miscellaneous code formatting and consistency revisions throughout Chapter 32 Article V definitions more consistent with FS reorganize some text

31 Proposed Amendments 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

32 Proposed Amendments 9.Applicability within municipalities 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

33 Presentation Outline

Revisions after the First BCC Hearing Section (a)(21) –amend to reference the applicable municipal fire fighting authority Section (f)(4) –include proposal for additional controls with submittals Section (a)(6) –amend to reference the applicable municipal road construction standards Section (c)(4), and –insert the word “Floridan” as part of the term “Aquifer Vulnerability Zone” –insert “and the manager agrees” for site-specific study Section and 38-79(154) –delete “within the Wekiva Study Area” limitation to need for special exception

Revisions (Page 22)

Revisions (Page 25)

Revisions (Page 26)

Revisions (Page 48)

Revisions (Page 53)

Revisions (Page 55)

41 Presentation Outline

42 Summary 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

43 Action 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 Revisions 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 to Chapter 32, Article V, Solid Waste Management, and to Chapter 38, Zoning Orange County Code Presented by the Orange County Environmental Protection Division April 28, 2009 Board of County Commissioners

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