§ 32-214. Permit procedures.

(a)

Permits.

(1)

Permits required. It shall be unlawful to operate a solid waste management facility without a valid Orange County permit in those areas of Orange County which are subject to the provisions of this article or to operate a prohibited facility in those areas of Orange County which are subject to the provisions of this article. For those facilities located or proposed within municipalities which have an ordinance governing solid waste management, but the municipal standards are less strict than the standards provided herein, an Orange County permit shall not be required if the municipal permit requires compliance with the provisions of this article and the permittee complies with the permit and this article. Orange County reserves the right to require a permit and pursue enforcement to ensure compliance with the provisions of this article.

(2)

DRC review required for facilities within unincorporated Orange County.

a.

For those facilities within unincorporated Orange County, prior to issuance of recommendations by the BZA for a special exception for the solid waste management facility, a conceptual plan for the solid waste management facility must be reviewed by the DRC. The division shall verify the conceptual solid waste management facility plan for sufficiency within ten (10) days. Upon a determination by the manager that the DRC conceptual plan materials are complete, the division shall schedule the matter before the DRC. At a minimum, the conceptual solid waste management facility plan shall comply with the applicable portions of the development plan submittal requirements included in section 38-1206.

b.

The DRC shall make a recommendation as to whether the proposed solid waste management facility will (i) be compatible with the surrounding land uses, and (ii) serve the public interest.

(3)

Special exception required for facilities within unincorporated Orange County. For those facilities within unincorporated Orange County, a special exception authorizing a solid waste management facility is required. A solid waste management permit application shall receive a recommendation by the division prior to the consideration by the BZA of any application for special exception. A solid waste management permit application and an application for a special exception shall be considered by the board at the same public hearing.

(4)

Activities governed by other ordinances.

a.

The landspreading of domestic wastewater residuals shall be governed by the Orange County "Domestic Wastewater Residual Management Ordinance" and not this article.

b.

The applications for excavation permits and fill permits for type I or type II material as defined in chapter 16, shall be made at the county engineer's office, public works department, pursuant to the requirements of Orange County Code chapter 16, known as the "Orange County Excavation and Fill Ordinance," and not this article. Should any excavation become or intend to become a solid waste disposal facility, as defined by section 32-213, then the operation shall comply with any and all requirements of this article prior to issuance of an excavation and fill permit. Setbacks and depths of excavation as required by this article shall control over a solid waste disposal facility operation.

(5)

Facilities within municipal boundaries. For those facilities within municipalities which are subject to the provisions of this article, it shall be the responsibility of the applicant to obtain any and all applicable zoning and land use approvals from the municipality. Issuance of a county permit pursuant to this article does not relieve the permittee from complying with all other applicable federal, state, and local rules and regulations, including, but not limited to, any applicable municipal zoning or land use regulations.

(b)

Applications. Applications for permits to construct, operate, close and conduct post-closure care of solid waste management facilities and ancillary operations shall be made at the division office.

(c)

Types of facilities required to submit applications. The following types of solid waste management facilities shall submit an application pursuant to the requirements of this article:

(1)

Class I landfills;

(2)

Class III landfills;

(3)

Construction and demolition debris disposal facilities;

(4)

Composting facilities (excluding those located at permitted landfills);

(5)

Used oil recycling facilities;

(6)

Waste tire processing facilities;

(7)

Incinerators, if the facility is also storing or disposing of solid waste on the site;

(8)

Solid waste transfer stations;

(9)

Yard trash processing facilities; however the following yard trash processing facilities shall be exempt:

i.

Those facilities that are authorized ancillary operations at permitted disposal facilities; or

ii.

Normal farming operations as described in rule 62-709.305(2), F.A.C.; or

iii.

Those facilities that store no more than two hundred (200) cubic yards of a total combined volume of yard trash and yard trash derived materials; or

iv.

Those facilities that store no more than twelve thousand (12,000) cubic yards of a total combined volume of yard trash and yard trash derived materials, and meet all of the following requirements:

a.

The siting restrictions of section 32-216(c);

b.

The prohibitions of rule 62-709.300(7), F.A.C., hereby adopted by reference;

c.

The design and operating requirements of rule 62-709.320(2), F.A.C., hereby adopted by reference;

d.

The specific criteria of rules 62-709.330(2) and (3), F.A.C., hereby adopted by reference;

e.

All yard trash shall be removed from bags within forty-eight (48) hours of receipt;

f.

All yard trash shall be size-reduced or removed from the facility within twelve (12) months of receipt;

g.

No portion of the piles of yard trash and yard trash derived materials shall be mechanically compacted in any manner, including by being driven upon by onsite equipment; this shall not preclude the manufacture of hay bales or wood pellets;

h.

The record keeping and reporting requirements of rule 62-709.320(4)(a), F.A.C., hereby adopted by reference, except that reports shall be submitted to the division;

i.

Grant division personnel access to the facility during normal business hours for compliance inspection purposes;

j.

Notify the division in writing of the intent to utilize and comply with the requirements of this exemption, and renew the notification in writing annually by July 1;

k.

Provide documentation that the applicant either owns the land or has legal authorization from the landowner to operate a yard trash processing facility on the site;

l.

The closure requirements of rule 62-709.300(4), F.A.C., hereby adopted by reference, except that the required closing notification shall be provided to the division. In addition, financial assurance for closure, in the amount of twenty-five thousand dollars ($25,000.00) shall be provided prior to commencing operations in accordance with section 32-216(a)(27).

(10)

Materials recovery facilities (excluding those located at permitted landfills); and

(11)

Any other facility that the board may consider to meet the definition of solid waste management facility and/or may present any threat to human health or the environment.

(d)

Application requirements. All applications shall be submitted and shall be signed and sealed by a professional engineer registered in the State of Florida. Application form(s) shall state owner's name, firm performing work, source of materials, estimated yearly fill quantity and disposal capacity of site (for solid waste disposal facilities), owner's consent (if application is made by person other than property owner), proposed haul route, and whether the solid waste management facility will be for private or public use. All supporting documentation required in this article shall accompany application form(s).

(e)

Application fees. No permit shall be issued until the application fees (which shall be established by the board by separate resolution) have been paid and financial responsibility documentation (as detailed in section 32-216(a)(27) herein) has been reviewed and approved by the county.

(f)

Permit validity. Permits shall be valid for a maximum period of five (5) years from the date of approval of the permit application or renewal.

(g)

Permit renewal. Application for renewal of a permit, with required supporting documentation, shall be submitted at least ninety (90) days in advance of the expiration date of the existing permit. It is the permittee's responsibility to ensure renewal applications are submitted in accordance with this requirement. Requests for further information from the county shall be responded to in a diligent fashion and within the period of time established by the county at the time of the request. The division shall make a determination when the application is deemed complete and shall inform the applicant in writing within thirty (30) days. During and after the ninety (90) day period following the submittal of a completed application, the applicant/operator has the right to continue operations if final action has not been taken by the county until such time as the county takes final action; provided the permit has been extended by the county in writing and that such completed application is submitted prior to the expiration of the existing permit.

(h)

Displaying of permit. Permits shall be displayed in a prominent place at the solid waste management facility at all times.

(i)

Permit transfer. Permits may be transferred only upon approval of the board and payment of a service charge as prescribed by the board. The term "transferred" includes, but is not limited to, change of ownership, the current permit holder being acquired by a parent company or any type of legal acquisition.

(j)

Permit review and approval procedure.

(1)

Once the division has given written notice to the applicant that the application is complete, the division shall review the application and notify the applicant of apparent deficiencies in the application and additional information needed within thirty (30) days of receipt of the complete application. Diligent responses to the county's request for additional information or corrections of deficiencies shall be provided within the period of time established by the county at the time of the request. Within thirty (30) days after receipt of such additional information, the county shall review the additional information and may request only that information needed to clarify such additional information or to answer new questions raised by or related to such additional information. Failure to respond within the established time or not diligently addressing the requests of the county will cause the application to be denied.

(2)

If no request for a site-specific determination, or a request for an exemption from liner and leachate control requirements has been submitted, or upon final determination of such request(s), the manager shall submit the division's recommendations and, if applicable, the recommendations of the DRC and BZA to the board for approval or denial of the permit. A public hearing by the board to consider the permit shall be held within ninety (90) days after receipt of a complete application or after receipt of the last item of timely requested additional material, whichever occurs last.

(3)

The board may approve or deny the permit application and may include any conditions of approval necessary to assure compliance with the regulations contained in this article or any other applicable regulation. The board shall determine whether the proposed facility will serve the public interest and provide a needed service to the citizens of Orange County, considering the recommendations of the division, and, where applicable, DRC and BZA, and also based on the following:

a.

Capacity of existing permitted solid waste management facilities;

b.

Capacity of the proposed solid waste management facility;

c.

Quantity of solid waste generated in the county requiring disposal or management;

d.

Potential sites best suited to serve the county;

e.

Need for disposal or other kinds of waste management capacity;

f.

Board policies; and

g.

Compliance history of the applicant.

If the board determines that the facility would not serve the public interest or would not provide a needed service to the citizens of Orange County, the board may deny the permit. The board may also approve or deny the permit application based on its consideration of the appropriateness of the type and method of disposal or management of the solid waste, including the potential for adverse groundwater, surface water, air pollution, noise, odor, nuisance, and health risks, consistency of the proposed facility with the Orange County comprehensive policy plan, refuse disposal facilities plan, county capital improvement programs, county policies, rules, regulations and ordinances.

(4)

Any applicant may seek review of a board decision on a permit application by certiorari filed in the circuit court in and for Orange County.

(k)

Waivers. Upon written application, which may be included with permit applications, the board may grant waivers from the regulations contained in this article, except that waivers shall not be considered or granted for any Class I landfills prohibited in the Floridan Aquifer Vulnerability Zones under subsection 32-216(c)(4). Moreover, notwithstanding the exclusion from the regulations of this article set forth in section 32-220, no Class I landfill may be owned or operated by Orange County or any municipality in the Floridan Aquifer Vulnerability Zones. The applicant for any waiver shall demonstrate and the board shall consider any one (1) or more of the following factors with respect to any application for 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.

(l)

Adoption of rules, regulations and fees.

(1)

The board may from time to time, by resolution, adopt such rules, regulations, and policies, as it deems necessary to implement and enforce this article. Such rules may include, without limitation, requirements for letters of credit or other security to assure proper performance of permitted activities.

(2)

The board may from time to time, by resolution, establish fees to be applicable to all permits or other regulatory activities authorized by this article.

(3)

The board may, by resolution, establish designated areas within Orange County, which are not within the boundaries of any municipality, where solid waste management facilities may be located.

(m)

Ancillary operations. All ancillary operations shall be described in the permit application. Actual or potential impacts from the ancillary operation on air quality, water quality, and abutting property owners (especially in regard to noise level, odors and visual impacts) shall be described and compared to levels described by this Code, where applicable. Appropriate permits must be obtained from local, state and federal agencies for the ancillary operations. A demonstration of need for the operation must be submitted to the county. If a permittee intends to initiate any ancillary operations at a permitted site, plans or a description of the proposed operation must be submitted to the manager for review. If the manager determines the ancillary operations will create additional substantial impact on the surrounding area, the manager shall forward the request to the board for its consideration.

(n)

Deviation from conditions of permit; renewal; appeal. In the case of permit renewals or changes to existing permits, neither review by DRC, review by BZA nor a public hearing shall be required unless the manager determines that there has been a substantial deviation from the terms and conditions of the permit. Vertical and horizontal expansions of fill area or an increase in the quantity of fill (for solid waste disposal facilities), a need to remediate existing deficiencies, increase in the intensity of the land use of the site or a waiver request shall be among those circumstances considered to result in a substantial deviation. Applicant shall have ten (10) days to submit to the division a notice of appeal of the manager's finding of substantial deviation. The appeal before the board shall be held within forty-five (45) days of the submittal of the notice of appeal. A permit found to be a substantial deviation shall be required to be processed further in the same manner as an application for an original permit, which process is further described herein.

(o)

Suspension of issuance of permits. The board may, by resolution, suspend issuance of new permits for a period of time if the board determines that adequate capacity exists within the county for any type of solid waste management facility.

(p)

Issuance of permit to operator of excavation site. Permits will not be issued for a solid waste management facility operation within a permitted excavation site to anyone other than the operator of such excavation site.

(Ord. No. 99-16, § 2, 6-29-99; Ord. No. 2003-02, § 3, 2-4-03; Ord. No. 2005-16 , § 3, 12-6-05; Ord. No. 2006-19 , § 3, 10-31-06; Ord. No. 2009-05 , § 1, 2-24-09; Ord. No. 2012-02 , § 1, 2-7-12; Ord. No. 2014-01 , § 2, 1-28-14)