§ 15-552. Legislative findings and intent.

(a)

The board of county commissioners is concerned with the potential adverse effects of incinerators upon the health, safety and welfare of the people of the county.

(b)

The board of county commissioners is particularly concerned with the potential adverse effects of biomedical waste incinerators and facilities upon the air quality and environment of the county.

(c)

The Florida Department of Environmental Regulation permits each incinerator facility on an individual basis. As long as each facility operates in accordance with the structural requirements and emission standards, a state permit may be issued without regard for the cumulative effect of the facilities in the county. Since the issue of air quality rests solely with the pollutants emitted by the incinerator facilities, this article is based on a cumulative factor as opposed to addressing incinerators individually.

(d)

Section 704 of the Orange County Charter authorizes the board of county commissioners to adopt ordinances, such as this article, which set minimum standards for the protection of the environment by regulating air pollution, and such ordinances shall be applicable in the unincorporated and incorporated areas of the county.

(e)

The potential harmful effect of the pollutants emitted by the various types of incinerator facilities differs in magnitude and degree based on the type of each facility and what it is permitted to incinerate. Because the pollutants emitted from incinerator facilities other than biomedical waste incinerators are of a type that is deemed less detrimental to the citizens of the county and otherwise do not contain pollutants which can be deemed particularly hazardous to the citizens, only biomedical waste incinerators shall be required to comply with that portion of these regulations pertaining to the requirement to obtain a certificate of need.

(f)

The county recognizes that ash emitting from wood waste incinerators may cause surrounding property owners distress; however, it is determined that this issue can be adequately addressed through the special exception public hearing process and nuisance laws.

(g)

The county generates a calculated approximate of nine and seven-tenths (9.7) tons of biomedical wastes per day. The county has calculated burning capacity of sixty-nine and two-tenths (69.2) tons per day. (This calculation represents all facilities that have obtained either a construction or operating permit from the state department of environmental regulation in the county both public and/or private and regardless of whether the facility is actively being operated or not.)

(h)

The state department of environmental regulation current permitting system does not take into account incineration needs based on generated waste calculations. According to the biological waste report prepared by Michael Hivett, Florida Bureau of Air Regulations, dated October 19, 1992, the central district of the state provides for fifty-six (56) percent of the off-site incineration capacity for the entire state. The central district consists of eight (8) counties including Volusia, Marion, Lake, Seminole, Orange, Osceola, Brevard and Indian River. The facilities "provide very close to enough capacity (292 tons per day) to treat all medical waste generated in the State of Florida including the wastes that would otherwise be treated on-site."

(i)

The functions and activities of the existing incinerator facilities in the county, the possible adverse effects of each type of facility on air quality, as well as the current level of wastes generated within the county mandate that the county promulgate this article to manage incinerator facilities on a cumulative impact basis within the county.

(j)

The county recognizes that waste from other areas is sometimes imported into the county for disposal by incineration. There is no appreciable distinction between in-county and out-of-county waste.

(k)

The county believes that the health, safety and welfare interests of the citizens of the county will best be served by incinerator management on a cumulative basis to facilitate air quality; and further, the county believes its interest in air quality outweighs any potential incidental effect on interstate commerce that may be caused by these incinerator management regulations.

(l)

The county recognizes that it has a duty to dispose of the waste it generates and provide for disposal of a fair share of all waste regardless of the source of that waste.

(m)

To further these ends, the county shall regulate the flow of all waste to be incinerated regardless of its origin. The number of incinerator facilities shall be regulated, not the source of the waste those facilities incinerate.

(Ord. No. 92-41, § 1, 12-22-92)