§ 15-557. Regulations.

(a)

Every incinerator facility desiring to operate within the county shall:

(1)

If located within unincorporated Orange County, obtain a special exception in accordance with chapter 38, zoning, Orange County Code. Prior to the public hearing at which the special exception request is considered by the board of zoning adjustment in accordance with Orange County Code section 30-43(2), a staff committee report analyzing the request shall be prepared and presented in written form to the board of zoning adjustment. The staff committee report shall include input from the zoning, planning, public utilities and environmental protection departments and comments shall be solicited from the HRS/Orange County Health Department.

(2)

If located within a municipality in the county, obtain the requisite zoning approval from the municipality.

(b)

Certificate of need:

(1)

In evaluating the harmful effect of the pollutants emitted by the various types of incinerator facilities, the county has determined that certain types of facilities shall be required to obtain a certificate of need. Biomedical waste incinerators shall be required to obtain a certificate of need. The pollutants emitted from incinerator facilities other than biomedical waste incinerators are the least detrimental to the citizens of the county and do not contain pollutants which can be deemed particularly hazardous to the citizens. Therefore, incinerator facilities other than biomedical waste incinerators shall not be required to obtain a certificate of need.

All biomedical waste incinerators shall be required to conform to the following emission limiting and performance standards by December 31, 1995:

a.

Particulate matter emissions shall not exceed 0.020 grains per dry standard cubic foot of flue gas, corrected to seven (7) percent oxygen (O ₂ ).

b.

Hydrochloric acid (HCI) emissions shall not exceed fifty (50) parts per million by volume, dry basis, corrected to seven (7) percent oxygen (O ₂ ) on a three-hour average basis or shall be reduced by ninety (90) percent by weight on an hourly average basis.

(2)

The county generates a calculated approximate of nine and seven-tenths (9.7) tons of biomedical wastes per day. The county has a 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.) Private facilities are included into the overall calculations because prior to adoption of these regulations there are no restrictions that would prevent a private facility from being used publicly. The number of facilities already permitted provides for a burning capacity seven (7) times higher than what is required to dispose of the wastes generated in the county. Based on the over abundance of permitted facilities as compared to the wastes generated, the county hereby establishes that biomedical incinerator facilities shall be required to obtain a certificate of need, which shall be issued only when incineration capacity is less than or equal to four (4) times the amount of waste generated in the county as that calculation is determined by the county administrator or his designee. A person may appeal such calculation in accordance with subsection (8) below if at such times of being under the four-to-one (4:1) ratio, it is deemed that a need for additional biomedical incinerator facilities exists. An incineration capacity of four (4) times the amount of wastes generated in the county (four-to-one (4:1) ratio) provides a realistic approach to meet the county's needs to provide for the disposal of county wastes as well as a fair share of wastes generated elsewhere while at the same time maintaining air quality.

(3)

The certificate of need will be issued on a county-wide basis and will be obtained from the county administrator or his designee after application is submitted to the county on forms provided by the county. At a minimum, the forms shall contain the following information:

a.

Name of applicant;

b.

Proposed location of incinerator facility;

c.

Capacity of incinerator facility.

(4)

A certificate of need:

a.

Shall be issued on a first come, first served basis provided incineration capacity is available.

b.

Once issued will remain valid for a period of two (2) years from the date of issuance. The applicant will need to pursue further permitting approval through the appropriate governmental agency whether that be a local municipality in the county or the county itself. If the facility is not operational at the end of the two-year period, the certificate of need will expire and that capacity will once again become available. (Extensions of the certificate of need may be granted for good cause shown.)

c.

Shall not be issued if incineration capacity as determined in accordance with subsection (2) above is not available. The applicant may choose to be placed on an incinerator capacity waiting list to be maintained by the county administrator or his designee. Placement on the waiting list shall be on a first come, first served basis. When capacity becomes available, the first applicant on the list shall be contacted and be given thirty (30) days to secure his certificate of need from the county or be removed from the waiting list. Each successive applicant shall be contacted until the available capacity is exhausted or there are no more applicants on the waiting list, whichever occurs first.

d.

Shall not be required if a biomedical waste incinerator:

1.

Is located in the unincorporated portion of the county and serves and is permitted through the special exception process of chapter 38, zoning, Orange County Code, as an ancillary use to an institutional use provided the applicant agrees that the facility will be a private facility limited for the sole use of the institution it serves (i.e., waste other than waste generated by the institution shall not be incinerated at the facility) and further that such limitation becomes a part of the board of zoning adjustment conditions of approval as approved by the board of county commissioners.

2.

Is located within the boundaries of a municipality and serves and is permitted in accordance with the municipality's regulations as a private facility as defined in this article and further that such limitations are attached to and run with the land either through conditions of approval generated by the municipality or through covenants and restrictions recorded in the official public records of the county.

(5)

The amount of waste generated in the county, as well as the capacity established toward obtaining a certificate of need as set forth in subsection (2) above shall be reviewed and updated on a five-year basis.

(6)

The board of county commissioners may establish by resolution fees appropriate to offset the costs associated with administering the certificate of need, certificate of need waiting list, and associated processes.

(7)

Receipt of a certificate of need does not entitle the applicant to any particular land use, zoning or other permitting at a particular location in the county. Upon receipt of a certificate of need, the applicant must comply with all applicable local, state and federal regulations regarding the siting and operation of the incinerator facility including, but not limited to, comprehensive policy plan consistency, zoning, and state department of environmental regulation construction and operating permits.

(8)

 a. ;hg;In the event a person desires to appeal the county's determination that at any given time the incineration capacity is in fact greater than the four-to-one (4:1) ratio established in subsection (2) above, he shall submit a written request to the county administrator along with all necessary documentation. The appropriate county staff shall review the request within a reasonable period of time. After the appropriate county staff has reviewed the written request, the county administrator shall promptly mail or hand deliver the staff's determination in written form to the person.

b.

If the person disagrees with the written determination rendered by county staff through the county administrator, he may appeal the determination to the board of county commissioners upon payment of a nonrefundable processing fee. If he decides to appeal the determination, he shall file a written notice of appeal with the county administrator not later than fifteen (15) days after the date that the staff's written determination was rendered. If the notice of appeal is not filed with the county administrator within the fifteen-day period, the person waives his right to appeal the determination to the board of county commissioners. Within fifteen (15) days after receipt of the written notice of appeal, the county administrator shall advise the person of a hearing date and time before the board of county commissioners.

c.

In the event a person disagrees with the appellate decision of the board of county commissioners, he may challenge such decision in the circuit court by filing a writ of certiorari no later than thirty (30) days from the date of issuance of the decision of the board of county commissioners.

(Ord. No. 92-41, § 1, 12-22-92)