Hubbard Construction Companyd/b/a Mid Florida Materials

Request for Special ExceptionRequest for Solid Waste Facilities Permitto operate a Class III Landfill

Chronology of Events

• August 8, 1988 Orange County Approved C&D landfill permit• May 9, 2000 C&D Facility expanded to 220 acres• September 26, 2012 DRC approval of Class III with conditions• October 24, 2012 Fla. Department of Environmental Protection issues

Class III Permit• January 29, 2013 Orange County renewed C&D Permit through 2017• April 4, 2013 Board of Zoning Appeals approval with conditions• June 4, 2013 Board of County Commissioners denied 4-3 vote• May 1, 2014 Circuit Court overturns decision of County Commissioners

Three judge circuit court panel reversed the decision of the County Commission on May 1, 2014.

“From review of the record, this Court finds that Hubbard met the initial burden of proof that the application met the statutory criteria for granting the special exception for the landfill and Hubbard complied with the requirements for modification of its solid waste facilities permit to change the landfill classification from C&D to Class III as evidenced by the many stages of the application and approval process and ultimately the evidence presented at the BOCC hearing….”

Hubbard Construction Co. v. Orange County (Case No 2013-008392-0) May 1, 2014.

“Further, the concerns expressed by the BOCC and the public including the landfill’s height increase, capacity, and the liner issue were addressed and resolved in the reports, studies, and other evidence presented by Hubbard and the DRC, BZA, CEDSD, EPD, and FDEP staff throughout the application and approval process and at the hearing.”

Hubbard Construction Co. v. Orange County (Case No 2013-008392-0) May 1, 2014.

The request for a special exception and solid waste facilities permit is a Quasi Judicial Matter:

The Administrative Record in this case consists of the following:

• The Application as amended with supporting technical information.• The DRC report and recommendation of September 26, 2012• Board of Zoning Appeals report and recommendation of April 4, 2013.• FDEP Permit dated October 24, 2012• Staff Report of Orange County CEDSD• Staff Report of Orange County Zoning Division• Transcript of Public Hearing Board of County Commissioners June 10, 2013• Petition by neighbors in support of the Permit• Final Order Granting Petition for Writ of Certiorari May 1, 2014• Staff Reports for September 23, 2014 hearing

Agreement to Additional Conditions:

• In addition to required surficial aquifer wells, install Floridan aquifer monitoring wells

• No disposal of regulated asbestos containing material• Additional visual buffering between trees along

Golden Gem Road and along north property line• Reiterate prohibition of Class I landfill• Add north 100 acres to Agreement To Offer Donation,

to include the entire 220 acre site• Recycling goal of 50% in two years, and 75% by• 2020, to the extent economically feasible

Wekiva Issues

• Landfill is in the Wekiva Study Area and Not the Wekiva Protection Area

• Site Specific Geological and Hydrological Studies demonstrate this is not a vulnerable site

• Studies have been accepted by FDEP, EPD, and found acceptable by the court.

• Net environmental benefit to requiring a liner to the new area and aCap for the entire landfill

SW1.1.13 The County shall encourage and support the permitting of Class III or Construction and Demolition landfills over a wide geographic area to best serve the public and support the efforts of the waste management industry to provide waste management services in a timely, economically efficient manner and to preserve capacity at the Orange County Landfill.

FLU 6.6 A landowner or developer wishing to develop an area within the Wekiva Study Area or other identified springshed needs to choose an appropriate site for that development. The owner shall evaluate the landscape and geology of the land and seek locations that avoid karst features that have a direct or indirect connection to the aquifer and other environmentally sensitive features, such as sinkholes, streams, wetlands, or major springshed recharge areas.

Consistency with Orange County Comprehensive Plan

“…the documents included the detailed technical engineering studies submitted by Hubbard’s professional geologist, professional Engineer, and senior project manager…….These documents addressed the requirements for the special exception and modification per the applicable Laws governing solid waste facilities including section 403.707, Florida Statutes, the Wekiva Parkway and Protection Act under chapter369 Florida Statutes, the Orange County Solid Waste Management Ordinance, and Orange County Comprehensive Plan.”

Hubbard v. Orange County

Hubbard’s Application Complies with the Applicable Laws Including Wekiva Protection Act

Requested Permit Modifications

Change from C&D Waste to Class III Waste (very similar waste)

Allows for a larger market and more recyclables

No expansion of existing 220 acre landfill

No traffic increase over C&D permitted trucks/day

Final grade of landfill increased from 43 ft to 50ft over natural grade

Estimated 39 years of life as a Class III

OPAQUE BUFFER

Wells

CLOSE/CAP AREAS AS FILLED

Proposed Class III Landfill with Liner and Cap

+99% reduction in infiltration through landfill

Full liner and cap

Clayey soil liner and cap

Landfill Visual Buffer

Commitments to Apopka

• 175 buffer from road

• 3 foot landscaped berm

• Would plant wildflowers on slope of closed landfill

Will not be visible from Golden Gem Road.

Added Environmental Protections

Stormwater Management System

Exceeds Wekiva Pollution Abatement Standards; contains 100 year storm

Impermeable Cap Over entire landfill

Impermeable Liner/ Clayey Soil Barrier Layer

Replaces approved unlined C&D landfill

Groundwater Monitoring Wells

42 additional wells; tested every 6 months (7 Floridan Aquifer, voluntary)

Waste Cover Weekly cover with clayey soils

Post-Closure Care 30 years of care after site closure

Open Space or Park 220 acre open space or park at closure

Staff Recommendation for Approval of Special ExceptionAnd Solid Waste Facilities Permit as follows:

Grant of Special Exception with 9 conditionsGrant of Solid Waste Facilities Permit

58 original Conditions 6 additional Conditions 7 Waivers

“Hubbard’s application was approved with certain conditions and waivers in compliance with the applicable laws.”

Hubbard v. Orange County