§ 32-216. Technical requirements.

(a)

The following requirements shall apply for solid waste disposal facilities:

(1)

The same prohibitions specified in F.A.C. rule 62-701.300, adopted and incorporated herein by reference.

(2)

Construction for Class I and III landfills shall be performed in accordance with the requirements of F.A.C. rules 62-701.400(1) through (8) and rule 62-701.340, adopted and incorporated herein by reference, and all the requirements herein. However, Class III landfills shall be constructed with a bottom liner consisting of a single 60-mil minimum average thickness HDPE geomembrane. In the sumps located inside the landfill footprint and in the leachate collection trenches, the geomembrane shall be placed on a GCL with a hydraulic conductivity of less than or equal to 1 × 10 ^-7 cm/sec, or on a compacted clay liner which is a minimum six (6) inches thick with a saturated hydraulic conductivity of less than or equal to 1 × 10 ^-7 cm/sec. The liner shall be placed on a prepared subgrade that will not damage the geomembrane liner or the GCL. A primary leachate collection and removal system and a drainage layer shall be installed above the geomembrane liner. Except in sumps and leachate collection trenches, the system shall be designed to limit leachate head above the liner during routine landfill operation after placement of initial cover to no greater than twelve (12) inches. The division may exempt Class III landfills from some or all of the liner and leachate control requirements, if the applicant demonstrates to the manager's satisfaction that no significant threat to the environment will result from the exemption based upon the types of waste received, methods for controlling types of waste disposed of, and the results of the hydrogeological and geotechnical investigations required in section 32-216(a)(25). Such demonstration shall be evaluated by a third-party consultant under contract with the county at the sole expense of the applicant. The third-party consultant shall submit their recommendation to the manager for review. The manager shall review the applicant's submittal and the third-party consultant's recommendation and make a determination. The applicant may, within fifteen (15) calendar days of the decision of the manager, file a written notice of appeal with the manager. If no notice of appeal is received within the fifteen-day period, then the determination shall be final. If an appeal is submitted, such appeal shall be heard by the board at a regular meeting. Notice of the appeal hearing shall be provided to the applicant. Upon submittal of an appeal, the application shall be placed on hold until a final determination is made. For the purposes of this section, a final determination shall mean either a decision of the board, or if appealed, a decision of the appropriate court of law. Upon final determination of the request, if it is determined that the facility shall not be exempt from some or all of the liner and leachate control requirements specified herein, the applicant may either withdraw the application, or submit a modified application which is not inconsistent with the final determination or the requirements of this section.

(3)

Construction for construction and demolition debris disposal facilities shall be performed in accordance with the requirements of F.A.C. rule 62-701.730(4), adopted and incorporated herein by reference, and all the requirements herein. However, construction and demolition debris disposal facilities within the Tertiary Floridan Aquifer Vulnerability Zone within the Wekiva Study Area, shall be constructed with a bottom liner consisting of a single 60-mil minimum average thickness HDPE geomembrane. In the sumps located inside the landfill footprint and in the leachate collection trenches, the geomembrane shall be placed on a GCL with a hydraulic conductivity of less than or equal to 1 × 10 ^-7 cm/sec, or on a compacted clay liner which is a minimum six (6) inches thick with a saturated hydraulic conductivity of less than or equal to 1 × 10 ^-7 cm/sec. The liner shall be placed on a prepared subgrade that will not damage the geomembrane liner or the GCL. A primary leachate collection and removal system and a drainage layer shall be installed above the geomembrane liner. Except in sumps and leachate collection trenches, the system shall be designed to limit leachate head above the liner during routine landfill operation after placement of initial cover to no greater than twelve (12) inches. The division may exempt construction and demolition debris disposal facilities from some or all of the liner and leachate control requirements, if the applicant demonstrates to the manager's satisfaction that no significant threat to the environment will result from the exemption based upon the types of waste received, methods for controlling types of waste disposed of, and the results of the hydrogeological and geotechnical investigations required in section 32-216(a)(25). Such demonstration shall be evaluated by a third-party consultant under contract with the county at the sole expense of the applicant. The third-party consultant shall submit their recommendation to the manager for review. The manager shall review the applicant's submittal and the third-party consultant's recommendation and make a determination. The applicant may, within fifteen (15) calendar days of the decision of the manager, file a written notice of appeal with the manager. If no notice of appeal is received within the fifteen-day period, then the determination shall be final. If an appeal is submitted, such appeal shall be heard by the board at a regular meeting. Notice of the appeal hearing shall be provided to the applicant. Upon submittal of an appeal, the application shall be placed on hold until a final determination is made. For the purposes of this section, a final determination shall mean either a decision of the board, or if appealed, a decision of the appropriate court of law. Upon final determination of the request, if it is determined that the facility shall not be exempt from some or all of the liner and leachate control requirements specified herein, the applicant may either withdraw the application, or submit a modified application which is not inconsistent with the final determination or the requirements of this section.

(4)

The bottom of the solid waste management facility shall be a minimum of five (5) feet above the estimated seasonal high water table. Said five-foot layer shall be capable of impeding the flow of leachate from the site. Alternatives to the five-foot layer may be allowed as a waiver providing that equivalent performance criteria is met. The applicant shall comply with section 32-214(k) to apply for this waiver.

(5)

The solid waste management facility shall be open to the county for the purpose of inspection during normal working hours of the facility and at any other time when work is in progress. The division inspectors shall participate in applicable training courses conducted or sponsored by FDEP for its landfill inspectors.

(6)

Any solid waste management facility operation that will exceed ninety (90) days duration shall abut a paved, public roadway, which will provide access to the property for which the permit is applied. Paved access shall be provided by the applicant prior to commencing operations for which a permit has been issued. Paving improvements shall be installed by applicant in accordance with Orange County road construction standards, and/or the applicable municipal road construction standards. Solid waste management facility operations which will not exceed ninety (90) days may utilize access by unpaved roads. The applicant shall continuously maintain such unpaved roads at applicant's sole expense in a condition satisfactory to the county engineer, and/or the applicable municipality. A permit for an operation not exceeding ninety (90) days shall not be renewed or extended unless the applicant provides paved access. The proposed ingress to and egress from the site will be reviewed by the Orange County Public Works department, and/or the applicable municipality. The applicant may be required to construct improvements (such as the addition of turning lanes) to public roads used for site access if the county engineer or his/her designee, and/or the applicable municipality, determines that the proposed solid waste management facility will significantly impede the flow of traffic on the public roads used for site access.

(7)

As each section is completed or upon completion of the operation as stipulated in the permit, the applicant shall be required to institute the approved plan of reclamation and closure. The operator shall submit a closure permit application ninety (90) days before the projected closure date, which includes an update of the previously approved closure plan. This permit application shall be reviewed and approved by the manager before commencement of the closure. All closure activities for Class I and Class III landfills shall be performed in accordance with the requirements of F.A.C. rule 62-701.600, adopted and incorporated herein by reference, and all the requirements herein. All closure activities for construction and demolition debris disposal facilities shall be performed in accordance with the requirements of F.A.C. rule 62-701.730(9) through (10), adopted and incorporated herein by reference, and all the requirements herein. The applicant may submit an alternate design of the final cover in the closure plan for review and approval by the manager.

(8)

Nothing herein shall be construed as regulating dredging or filling.

(9)

Issuance of a county permit does not relieve the permittee from the responsibility of obtaining and maintaining any/all other applicable federal, state or local permits and renewals thereto required for the site.

(10)

Permits issued after July 7, 1992, may only be issued upon board approval and only for sites zoned agricultural (A1 and A2, excluding any agricultural/residential zoning category) or heavy industrial (I-4), which abuts only properties zoned agricultural (excluding any agricultural/residential zoning category) or heavy industrial. For purpose of this article, "abutting, adjoining or adjacent property" shall be property that touches the boundary lien of the site. Provided, however, that the requirements contained in this subparagraph (10) shall not apply to any renewal or change to an existing permit, if such renewal or change has been determined by the manager not to effect a substantial deviation.

(11)

Setback; distances and area.

a.

Setbacks from any boundary line of a site shall be as follows:

1.

Two hundred (200) feet from the right-of-way of any arterial or collector highway;

2.

One hundred fifty (150) feet from the right-of-way of any other public street, road or highway, or abutting property;

3.

A minimum of two hundred fifty (250) feet from any off-site structure that is the subject of a certificate of occupancy.

b.

Notwithstanding the setbacks required in section 32-216(a)(11)a., if the solid waste disposal facility site was formerly, or is currently, a properly permitted excavation site, waste may be placed in the excavation area, within the setbacks required by the subject excavation permit, up to the natural grade existing prior to the initiation of excavation. All above grade waste must be placed according to setbacks listed in section 32-216(a)(11)a. above.

c.

A solid waste management facility other than a solid waste disposal facility may request a waiver to the required setbacks as described in section 32-214(k).

d.

Setback area shall be landscaped to provide a visual buffer from adjacent properties. Landscaping shall be designed to minimize visual impacts of both the fill operation and the final closed landfill from surrounding properties and roads. As a minimum, landscaping shall include a dense stand of grass and recommended stock canopy trees as defined in section 15-283(a). Trees shall be a minimum of ten (10) feet tall, fifteen (15) gallons and two and one-half (2½) inches caliper, six (6) inches above the root ball. Tree spacing shall be forty (40) feet along any street and sixty (60) feet on other sides. Well-landscaped post closure retention ponds are permitted in the setback. Structures, such as offices, scales, spare parts storage and similar facilities may be constructed within the setback if fully concealed with a visual type A opaque buffer as defined in chapter 24 or a berm in addition to the landscaping requirement included in this paragraph. Maintenance facilities may be included if noise, odor and other nuisances are addressed to the county's satisfaction.

e.

The following requirements shall apply to karst terrane features discovered during the site hydrological and geotechnical investigation required pursuant to section 32-216(a)(25), and, to the extent practicable, to karst terrane features that may appear or expand during the operational life of the facility. The following minimum setbacks shall apply from the edge of the subset of karst terrane features, including, but not limited to sinkholes or swallets, that provide a direct connection or potential preferential path for the migration of runoff or leachate, through solution pipes or similar methods, to the Floridan Aquifer.

1.

There shall be a setback of at least two hundred (200) feet from the edge of the specified karst terrane features to all adjacent stormwater drainage basin divides.

2.

The zone of discharge of any adjacent waste fill areas shall have a setback of sufficient distance so that the karst terrane feature does not provide a preferential path for the migration of leachate. In determining a sufficient setback distance, the geotechnical investigation must demonstrate that the karst terrane feature is sufficiently delineated, stabilized, and not expected to expand. In no case shall the setback distance between the edge of the specified karst terrane features and the edge of the zone of discharge be less than two hundred (200) feet.

(12)

Slopes. Slope of working face shall not exceed three to one (3:1) horizontal to vertical. In order to prevent erosion, final slope shall not exceed four to one (4:1). Maximum working face lift height shall not exceed twenty (20) feet for construction and demolition debris disposal facilities and Class III landfills. Maximum lift height for Class I and Class III landfills shall be as specified in F.A.C. rule 62-701.500(7), adopted and incorporated herein by reference. Maximum lift height for construction and demolition debris disposal facilities shall be as specified in F.A.C. rule 62-701.730(7), adopted and incorporated herein by reference. Alternate designs with final side slopes of a maximum of three to one (3:1) may be proposed provided adequate erosion control facilities are provided.

(13)

Security and litter.

a.

Access to the sites shall be controlled via installation of a security chain link fence around the perimeter of the site which shall be a minimum of six (6) feet high with locking gates. Gates shall be locked when the site is not open for business. Gates and fences shall be maintained at all times by the permittee.

b.

A scalehouse or gate attendant equipped with radio contact to other solid waste management facility employees shall be present at all times when the site is open for business. The scalehouse shall be positioned to allow observation of all incoming and existing traffic.

c.

Warning signs at least three (3) feet square shall be posted at each corner of the fence and not more than five hundred (500) feet apart along the fence line. Signs shall be positioned behind the fence and visible from offsite. On the sign shall be printed in letters of not less than five (5) inches in height the words "No Trespassing" or other approved appropriate warning.

d.

The permittee shall have a county-approved litter control plan which shall minimize litter from the site as well as litter from vehicles hauling materials on and off site. The permittee shall be responsible for cleanup of all litter from permittee's operation or from vehicles going to and from the site.

(14)

A waste stream quality control plan shall be submitted. This plan shall include or provide for the following as a minimum:

a.

A procedure to ensure that only properly permitted wastes are accepted. Such procedures may include or be a combination of a manifest system, surcharges, contractual agreements with transporters, random load inspections or other acceptable means.

b.

A procedure for removal of waste not allowed by the subject permit to an approved disposal facility. This procedure must specify the means to be used for removal of nonpermitted solid wastes or hazardous wastes illegally dumped at the site. The operator shall inform the county immediately of the presence of the hazardous waste in the facility and provide a written plan within five (5) days advising the date of discovery and how the hazardous waste was properly disposed. If laboratory confirmation is needed, the laboratory results shall be provided to the county. Once waste is confirmed to be hazardous, it shall be properly managed within five (5) days. All other nonpermitted solid waste shall be removed from the site and shall be disposed of properly upon accumulation of twenty (20) cubic yards (one (1) dumpster).

c.

An attendant must be present at the working face of the site at all times to inspect each load dumped at the site. The employee shall have the authority and responsibility to reject unauthorized loads, have unauthorized materials removed by the transporter and/or assess appropriate surcharges and have the unauthorized material removed by on-site personnel.

d.

A sign must be posted at the entrance to the site listing waste materials acceptable at the site.

e.

In addition to the inspection required in section 32-216(a)(14)c., the facility operator shall be responsible for examining at least three (3) random loads of solid waste delivered to the site each week. The selected load shall be unloaded in a separate area and a trained inspector shall perform a detailed inspection. The inspector shall examine the solid waste for any unauthorized material. In order to perform the mentioned detail inspection, the operator must break apart and spread all the solid waste using the necessary equipment to allow for thorough inspection. If any unauthorized waste is identified during the inspection, the responsible inspector must have the authority to reload the solid waste into the customer's vehicle for removal from the site or to use the site personnel to perform the removal of the unauthorized waste as per section 32-216(a)(14)b., above. The transporter and generator of the unauthorized solid waste must be notified to prevent future occurrences. The operator shall keep at the site a current logbook with the original inspection forms, which shall include the signature of the responsible inspector.

(15)

For any ancillary operation in combination with disposal activities (such as composting, recycling, etc.), a separate operations procedure shall be submitted. Such procedure shall include methods for disposal of unacceptable or unprocessed waste from such alternate use.

(16)

Vehicular access to and from the site shall be designated by the board at the time of the permit approval. Unless specifically permitted by the board, no vehicular travel to or from the site shall be allowed through a street, the primary purpose of which is to serve residential dwellings, in a platted residential subdivision; however, the board may permit such travel when a residential subdivision street provides the only reasonable access or when such street is a collector or arterial street. In areas of restricted travel on county roads, the county shall post signs indicating restrictions.

a.

This provision shall be enforced as follows:

1.

Upon notification that a vehicle or vehicles are accessing the site via any nonapproved street, the county may send an inspector to the site of the alleged violation. Upon observing a vehicle on a nonapproved street, the inspector shall issue a citation to the waste hauler. One (1) copy of the citation shall be hand-delivered to the driver of the vehicle and one (1) copy each shall be mailed to the waste hauling business operating the truck and to the permittee. The permittee shall send a notice to the waste hauling business, with a copy to the division, notifying it that if two (2) additional citations are issued for violations of this section, whether such violations are caused by the same or different vehicles or drivers, the waste hauling business will no longer be permitted to deliver to the permittee's solid waste management facility.

2.

The second time a citation is issued to the same waste hauling business delivering to the same solid waste management facility, copies shall be distributed as in section 32-216(a)(16)a.1., along with a letter to both the waste hauling business and the permittee notifying them that the accompanying citation is a second violation, and that a third violation will cause the waste hauling business to lose their right to use the specified solid waste management facility.

3.

The third time a citation is issued to the same waste hauling business delivering to the same solid waste management facility, copies shall be distributed as in section 32-216(a)(16)a.1., along with a letter to both the waste hauling business and the permittee notifying them that the accompanying citation is a third violation, and that the waste hauling business may no longer use the specified solid waste management facility. Any further delivery to the solid waste management facility by the waste hauling business shall be a violation of the permittee's permit conditions.

b.

Administrative regulations to implement this section of the ordinance are to be enacted by the manager.

(17)

Within one hundred eighty (180) days after completion of the closure operation, a certified topographic survey shall be submitted showing the finished grades. The county shall inspect the site within thirty (30) days to verify satisfactory compliance with the final grading plan and reclamation plan in conformance with this article and any special permit conditions. After satisfactory completion and inspection, a certificate of completion will be issued.

(18)

Solid waste management operations shall not obstruct or materially interfere with natural watercourses, water management or control plans, road system or right-of-way, or cause flooding on adjacent properties.

(19)

Hours of operation for the solid waste management facility shall be set by the board, and in no case shall be earlier than 7:00 a.m. nor later than 7:00 p.m. unless properly waived by the board.

(20)

Solid waste cannot be placed in any natural or artificial body of water, including groundwater.

(21)

Owner shall execute and record a notice that runs with the land which shall state that the land was used as a solid waste disposal site and that materials buried on the property may render the property unsuitable for conventional development.

(22)

A truck scale is required at all solid waste disposal sites larger than ten (10) acres. Accurate records of the amount of waste received (in tons for facilities with scales) or cubic yards (for facilities without scales) must be maintained and submitted to the county quarterly. Excavated volume, compaction ratio, volume of waste stream recycled and any other information needed to track landfill airspace shall be reported. For facilities without scales, the proposed method of quantifying waste shall be submitted to the county for review and approval prior to initiating disposal operation. If recycling or composting operations occur at the site, the quantity, method, and use of materials recycled shall be reported to the county monthly. A flat fee may be charged for small vehicles (pickup trucks, cars and vans). Quantities from vehicles charged a flat fee shall be estimated using an approved conversion rate. Truck scales shall be calibrated, as a minimum, every twelve (12) months and the certificate of calibration shall be displayed at the scale house or gate house at all times.

(23)

Waste handling and cover requirements.

a.

1.

All solid waste at Class I landfills shall be spread in layers of approximately two (2) feet in thickness and compacted to approximately one (1) foot in thickness or as thin a layer as practical before the next layer is applied. Solid waste at all Class III and construction and demolition debris disposal facilities shall be spread in layers and compacted at least once every week using suitable heavy equipment. Bulky materials that are not easily compacted should be worked into other materials as much as practical. The first layer of waste placed above the liner and leachate collection system (for those facilities with liner and leachate collection systems) shall be a minimum of four (4) feet in compacted thickness and consist of selected wastes containing no large rigid objects that may damage the liner or leachate collection system.

2.

Solid waste shall be formed into cells to construct horizontal lifts. The working face of the cell, and side grades above land surface, shall be at a slope no greater than three (3) feet horizontal to one (1) foot vertical rise. Lift depth should normally not exceed ten (10) feet but may be deeper, up to twenty (20) feet, depending on specific operations, daily volume of waste, width of working face, and good safety practices. The working face shall be only wide enough to accommodate vehicles discharging waste, to minimize the exposed area and unnecessary use of cover material.

3.

Initial cover shall be applied and maintained at solid waste disposal facilities in order to minimize any adverse environmental, safety, or health effects such as those resulting from birds, blowing litter, odors, disease vectors, or fires. The minimum frequency for applying cover shall be at the end of each working day for Class I landfills. However, for those areas where solid waste will be deposited on the working face within eighteen (18) hours, initial cover may consist of a temporary cover, such as a tarpaulin, which may be removed prior to deposition of additional waste. For Class III landfills, cover shall be applied at the end of each work week. An intermediate cover in addition to the six-inch initial cover shall be applied and maintained within seven (7) days of cell completion if additional solid waste will not be deposited within one hundred eighty (180) days of cell completion. The facility operator may remove all or part of the intermediate cover before placing additional waste or installing final cover. The minimum cover requirement for construction and demolition debris disposal facilities shall be at the time of the facility closure. A more frequent cover may be required to control odor or nuisance problems.

4.

Solid waste disposal units which have been filled to design dimensions (as approved by the county) shall receive final cover within one hundred eighty (180) days after attaining final elevation or in accordance with the schedule included in the approved closure plan for the solid waste disposal facility.

5.

Uncontrolled and unauthorized scavenging shall not be permitted at any solid waste disposal facility. The facility operator may permit controlled salvaging for recycling. A litter policing operation shall be employed to keep litter from leaving the working area of the facility. Litter outside the working area shall be picked up within twenty-four (24) hours.

6.

Erosion control measures shall be employed to correct any erosion which exposes waste or causes malfunction of the stormwater management system or reduces the cover below the required thickness.

b.

More frequent cover may be required if necessary to prevent health and environmental problems. In particular, the manager shall consider the proximity to nearby residences, evidence of dumping of unauthorized wastes, unlawful fires, littering of nearby property, odor problems, presence of vectors, and any other demonstrable potential or existing problems at such sites when making this determination.

(24)

Water quality monitoring. Areas impacted by leachate, including stormwater runoff from solid waste storage, processing, or disposal, shall be included and evaluated within the site water quality monitoring plan.

a.

Hydrogeological and geotechnical investigation requirements. The hydrogeological and geotechnical investigation shall be in accordance with section 32-216(a)(25).

b.

Water quality and leachate monitoring requirements. Water quality and leachate monitoring is intended to allow a predictive evaluation of the movement and composition of discharge from the site. For facilities managing Class I and III waste, the minimum technical requirements for water quality and leachate monitoring shall be those specified in F.A.C. rule 62-701.510, adopted and incorporated herein by reference. For facilities managing construction and demolition debris, the minimum technical requirements for water quality and leachate monitoring shall be those specified in F.A.C. rule 62-701.730(4), adopted and incorporated herein by reference.

c.

Initial background water quality. In addition to the parameters specified in section 32-216(a)(24)b., sampling for initial background water quality shall also include the Florida Primary and Secondary Drinking Water parameters. Any Florida Primary and Secondary Drinking Water parameters detected above the maximum contaminant level (MCL) specified in F.A.C. rule 62-550, part III, adopted and incorporated herein by reference, shall undergo evaluation monitoring.

d.

Applications for permit renewals shall include:

1.

Results from a groundwater sampling event, conducted within the six (6) months immediately preceding submittal of the permit renewal application, that includes the parameters specified within section 32-216(a)(24)c.; and

2.

A reevaluation of base grade elevations that incorporates any new groundwater elevation data.

e.

If any of the water quality monitoring parameters are detected in concentrations which, in the opinion of the manager, are significantly above the background water quality or above the maximum contaminant level, in addition to complying with the provisions of F.A.C. rule 62-701.510(7), adopted and incorporated herein by reference, the operator of the facility shall also monitor for the Florida Primary and Secondary drinking water parameters during the next evaluation monitoring event and will continue monitoring those parameters over the MCL as part of the evaluation monitoring.

f.

The facility operator shall inform the county of the next sampling event, ten (10) working days prior to the sampling, and be prepared to submit a split sample to the county's representative. The county shall have the authority to perform any sampling activities it deems appropriate in its sole discretion, at any of the monitoring wells, at any time during normal operating hours, without prior notice to the operator. Keys for the monitoring wells locks shall be available at the site all times.

g.

Nothing in this section shall be construed to prevent the division from imposing more stringent standards as necessary to protect the environment and the public health and safety due to site-specific conditions and types of wastes to be disposed of in landfills or solid waste disposal units. Violations of water quality standards may result in revocation of the permit.

(25)

Hydrogeological and geotechnical investigation requirements. The minimum technical requirements for the site hydrogeological and geotechnical investigation shall be those specified in F.A.C. rule 62-701.410, adopted and incorporated herein by reference. The site shall be fully evaluated for the presence of karst terrane.

(26)

Gas monitoring and control plan. The applicant shall present a gas control and monitoring plan for review. If applicable, the board may require monitoring, collection, treatment, venting or flaring. Off-site gas migration may result in revocation of the permit.

(27)

Financial responsibility.

a.

Applicant shall estimate the county's total cost of closure and post-closure care of the solid waste management facility using a third party. The written estimate shall be for the time period in the solid waste management facility operation when the extent and manner of its operation make closing most expensive. The applicant shall submit the written cost estimates, together with all necessary justifications, to the manager for review.

b.

Applicant shall establish financial assurance to the satisfaction of the manager for the cost of closure and post-closure care using one (1) of the following methods:

1.

Providing a performance bond;

2.

Providing a financial guarantee bond;

3.

Providing a letter of credit;

4.

Providing insurance; or

5.

Providing a trust fund agreement.

c.

The mechanism used to demonstrate financial assurance must ensure that funds necessary to meet the costs of closure and long-term care are available whenever needed and that the funds are accessible to the county to allow the county to close or remediate the site in the event that the site is abandoned or operations at the site are halted because permits are denied or revoked. Regardless, the permittee is responsible for all costs to properly close the solid waste management facility and ancillary operations.

d.

In the event that the division determines that groundwater remediation, landfill gas control, or other remedial actions are required, the site operator shall establish, maintain and update financial assurance to the satisfaction of the manager for the cost of completion of the corrective actions using one (1) of the methods specified in section 32-216(a)(27)b.

(28)

All plans, reports and other supporting documents submitted with a permit application which is approved shall become part of the permit and operation shall proceed in accordance with these documents.

(29)

The board reserves the right to require additional landscaping or increase setbacks if needed to ensure that the site is compatible with surrounding land uses.

(30)

Final elevation at time of closure of the disposal site, including a minimum of two (2) feet of final cover material, shall not exceed the original elevation of the site. The original elevation of the site shall mean the elevation prior to any excavation or fill activities that have occurred at the site. Top gradients of the final cover on landfill areas shall be graded to maximize runoff and minimize erosion, considering total fill height and expected subsidence caused by decomposing waste, and shall be designed to prevent ponding or low spots. Therefore, final cover material may be placed above the original elevation, but only to the extent necessary to create the appropriate final grade. The board may waive this requirement and allow solid waste to be placed to an elevation of up to fifty (50) feet above original elevation of the site if the applicant affirmatively demonstrates that a public need for this disposal capacity exists, that the proposed aboveground landfill is in the public interest, and is compatible with the surrounding properties and land uses. A waiver to this requirement must be specifically requested in accordance with section 32-214(k) at the time of the submittal of the original solid waste management permit application. In no case may final elevation exceed fifty (50) feet above original elevation of the site.

(31)

Mandatory recycling. All solid waste disposal facilities shall use best efforts to recover and recycle a minimum of twenty (20) percent of all waste, as measured by volume, imported to the facility. Applicants shall submit to the division a materials recycling plan. Annually, within thirty (30) days following the anniversary date of the permit, permit holders shall submit a materials recovery and recycling report to the division. The report shall identify the types and volumes of waste material recovered, storage volumes, the amount recycled, and the vendors that have accepted the recycled materials.

(32)

Stormwater management system. The design of the stormwater management system shall consider all phases, including operation and post-closure of the site. The minimum technical requirements for the site stormwater management system are those criteria set forth within article VII of chapter 34, "Orange County Subdivision Regulations." Solid waste disposal facilities shall be subject to the following additional requirements:

a.

Full retention of onsite runoff resulting from the 100-year 24-hour storm event is required.

b.

The requirements specified in F.A.C. rule 62-701.400(9), adopted and incorporated herein by reference.

c.

Offsite runoff entering the site from the 100-year 24-hour storm event must be diverted around the site, fully retained onsite or bypassed through the site such that intermixing with onsite stormwater or groundwater shall not occur. The discharge character of the diverted or bypassed flow shall be the same as the predevelopment character of the offsite runoff.

d.

Since the site shall have in place a six-foot perimeter fence which is maintained during operation and post-closure, slopes between 2H:1V and 5H:1V for dry ponds may be accepted to accomplish the retention of the 100-year design storm event. The operator shall reestablish the 5H:1V slopes within the original setbacks at the end of the post-closure period and shall include the necessary amount of money in the financial assurance for the county to reestablish such slopes.

e.

The stormwater management plan shall include an inspection and maintenance schedule. At a minimum, inspection of the stormwater management system shall be performed on a quarterly basis, and any necessary maintenance performed within thirty (30) days or other division-approved schedule. At least once every five (5) years, maintenance activities shall include the removal of accumulated sediments from ponds, catch basins, and other control structures, and the restoration of control structures to design specifications. Removed sediments shall be disposed within a lined landfill.

f.

Stormwater management systems shall comply with the minimum setbacks for karst terrane features specified in section 32-216(a)(11)e.

g.

Demonstrate that any groundwater mounding that results from the stormwater management system does not intersect the bottom of the waste.

(b)

The following requirements shall apply for solid waste management facilities other than solid waste disposal facilities:

(1)

The same requirements included in sections 32-216(a)(5), (a)(6), (a)(9), (a)(11), (a)(13) to (a)(16), (a)(18) to (a)(20), and (a)(26) to (a)(28). The same requirements included in section 32-216(a)(24) shall apply to facilities which store or process solid waste outdoors, or in any other manner that discharges leachate to the ground.

(2)

Any other requirements included in F.A.C. chapters 62-701 through 62-722, adopted and incorporated herein by reference.

(3)

Setback areas shall be landscaped to provide a visual buffer from adjacent properties. Landscaping shall be designed to minimize visual impacts of both the operation and the final closed facility from surrounding properties and roads and shall be consistent with the Orange County Landscape Ordinance as codified in chapter 24 of this Code and described herein.

(4)

A closure plan shall be submitted to the county for review and approval. The operator shall submit a closure permit application ninety (90) days before the projected closure date. This permit application shall be reviewed and approved by the manager before commencement of the closure. All closure activities for waste processing facilities shall be performed in accordance with the requirements of F.A.C. rule 62-701.710(6), adopted and incorporated herein by reference.

(5)

Record of solid waste type and quantity managed at the facility shall be submitted to the division quarterly, including the amount and destination of treated, recycled or recovered materials leaving the site for reuse, used as raw material or disposed.

(6)

Stormwater management system. The design of the stormwater management system shall consider all phases, including operation and post-closure of the site. The minimum technical requirements for the site stormwater management system are those criteria set forth within article VII of chapter 34, Orange County Subdivision Regulations. Facilities shall be subject to the following additional requirements:

a.

Pollution abatement shall be accomplished by one (1) of the following:

1.

Off-line dry retention of three-quarters (¾) of an inch of runoff from the developed site or the runoff generated from the first two (2) inches of rainfall on the developed site, whichever is greater. The depth of runoff generated from the first two (2) inches of rainfall shall be estimated by multiplying the Rational Method Runoff Coefficient (C) for the developed site by two (2) inches of rainfall; or

2.

On-line dry retention of an additional one-half (½) of an inch of runoff from the drainage area over that volume specified in subsection 1., above; or

3.

The pollution abatement volumes in subsections 1. and 2., above, may be reduced by thirty-three (33) percent when part of a combined treatment train of dry retention followed by wet detention. The wet detention pond shall be designed as follows:

i)

With a pollution abatement (treatment) volume of at least one-half (½) inch of runoff from the drainage area;

ii)

So that the outfall structures shall bleed down one-half (½) the volume of stormwater specified in subsection i), above, within twenty-four (24) to thirty (30) hours following a storm event, but no more than one-half (½) of this volume will be discharged within the first twenty-four (24) hours;

iii)

To contain a permanent pool of water sized to provide an average residence time of at least fourteen (14) days during the wet season (June through October);

iv)

So the flow path through the pond has an average length to width ratio of at least 2:1. The alignment and location of inlets and outlets should be designed to maximize flow paths in the pond. If short flow paths are unavoidable, the effective flow path should be increased by adding diversion barriers such as islands, peninsulas, or baffles to the pond. Inlet structures shall be designed to dissipate the energy of water entering the pond.

b.

The stormwater management plan shall include an inspection and maintenance schedule. At a minimum, inspection of the stormwater management system shall be performed on a quarterly basis, and any necessary maintenance performed within thirty (30) days or other division-approved schedule. At least once every five (5) years maintenance activities shall include the removal of accumulated sediments from ponds, catch basins, and other control structures, and the restoration of control structures to design specifications. Removed sediments shall be disposed within a lined landfill.

c.

Stormwater management systems shall comply with the minimum setbacks for karst terrane features specified in section 32-216(a)(11)e.

(c)

The following restrictions shall apply to all solid waste management facilities:

(1)

No permit shall be issued for any area determined by Orange County to constitute a conservation area, according to the standards established by the Orange County comprehensive policy plan, ordinances, rules or resolutions.

(2)

No facility shall be located in any area determined to be environmentally sensitive, including, but not limited to areas protected by:

a.

Chapter 15, article X, the Conservation Ordinance of Orange County; or

b.

Chapter 15, article XI, the Econlockhatchee River Protection Ordinance; or

c.

Chapter 15, article XIII, the Wekiva River Protection Ordinance.

(3)

No permit shall be issued for solid waste disposal facilities within sensitive karst areas.

(4)

The following requirements shall apply within the Floridan Aquifer Vulnerability Zones located within the Wekiva Study Area. In instances where a facility or site intersects more than one (1) Floridan Aquifer Vulnerability Zone, the most restrictive shall prevail:

Wekiva Study Area
Restrictions and Additional Requirements

Facility Type	Floridan Aquifer Vulnerability Zones
	Primary Floridan Aquifer Vulnerability Zone	Secondary Floridan Aquifer Vulnerability Zone	Tertiary Floridan Aquifer Vulnerability Zone
Class I Landfill	Prohibited	Prohibited	Prohibited
Class III Landfill	Presumptive Prohibition	Presumptive Prohibition	Unless exempt pursuant to section 32-216(a)(2), liners shall be constructed in accordance with section 32-216(a)(2)
Construction and Demolition Debris Disposal Facility	Presumptive Prohibition	Presumptive Prohibition	Unless exempt pursuant to section 32-216(a)(3), liners shall be constructed in accordance with section 32-216(a)(3)
Materials Recovery Facility; Transfer Station; Incinerator; Composting Facility	Additional controls	Additional controls	No additional controls
Used Oil Recycling Facility	Additional controls	Additional controls	No additional controls
Waste Tire Processing Facility; Yard Trash Recycling Facility	No additional controls	No additional controls	No additional controls
Other	As determined by the board

 

a.

Presumptive prohibition/requests for site-specific determinations. The requirements for various facility types, including the additional controls and presumptive prohibitions within the Floridan Aquifer Vulnerability Zones, are based upon the presumption that the Florida Geological Survey Report of Investigations No. 104: Wekiva Aquifer Vulnerability Assessment (WAVA), June 2005, provides the best available information for delineating areas of relative Floridan Aquifer vulnerability. Except for those solid waste disposal facilities which are prohibited within the Wekiva Study Area, this presumption may be overcome if a site-specific hydrogeological study, signed and sealed by a professional geologist or professional engineer with experience in hydrogeological investigations, is submitted to the division with the permit application which demonstrates, and the manager agrees, that the site is more appropriately classified within another Floridan Aquifer Vulnerability Zone. At minimum, this study shall evaluate the following factors utilizing the weights-of-evidence model of the WAVA: soil permeability; thickness of the intermediate aquifer system; hydraulic head difference between the Surficial and Floridan Aquifers; proximity to karst terrane features (including closed surface depressions). The site-specific study shall be evaluated by a third-party consultant under contract with the county at the sole expense of the applicant. The manager shall review the site-specific study and the third-party consultant's recommendation, to determine whether the study appropriately evaluates the relative aquifer vulnerability of the site and whether the proposed site is more appropriately classified within another Floridan Aquifer Vulnerability Zone. The applicant may, within fifteen (15) calendar days of the decision of the manager, file a written notice of appeal with the manager. If no notice of appeal is received within the fifteen-day period, then the determination shall be final. If an appeal is submitted, such appeal shall be heard by the board at a regular meeting. Notice of the appeal hearing shall be provided to the applicant. Upon submittal of an appeal, the application shall be placed on hold until a final determination is made. For the purposes of this section, a final determination shall mean either a decision of the board, or if appealed, a decision of the appropriate court of law. Upon final determination of the request, if it is determined that the proposed site shall not be reclassified within another Floridan Aquifer Vulnerability Zone, and that the proposed facility is prohibited within the applicable vulnerability zone, the applicant may either withdraw the application, or submit a modified application which is not inconsistent with the final determination or the requirements of this section 32-216(c)(4).

b.

Additional controls. Additional controls shall minimize the risk of any potential adverse impacts to the Floridan Aquifer and may include: increased waste screening; enhanced leachate controls and minimization of leachate formation; enhanced stormwater control, treatment, and maintenance; enhanced water quality monitoring; and additional recurring staff training. The applicant may submit a proposal for additional controls for review by the manager. The manager shall provide a recommendation regarding the acceptability of the additional controls which shall be forwarded to the board in accordance with section 32-214(j)(2) to make a final determination.

(Ord. No. 99-16, § 2, 6-29-99; Ord. No. 2005-16 , § 5, 12-6-05; Ord. No. 2006-19 , § 5, 10-31-06; Ord. No. 2009-11 , § 2, 4-28-09; Ord. No. 2014-01 , § 2, 1-28-14)