Board of County
Commissioners
Proposed Amendments
to Chapter 32, Article V,
Solid Waste Management, and
to Chapter 38, Zoning
Orange County Code
Presented by the
Orange County Environmental Protection Division
March 10, 2009
Presentation Outline
• Purpose
• History
• Proposed Amendments
• Summary
• Action Requested
2
Presentation Outline
• Purpose
• History
• Proposed Amendments
• Summary
• Action Requested
3
Purpose
• Amend Chapter 32 and 38, in response to
Comprehensive Policy Plan, Solid Waste
Element, Policy 2.1.5
• Adopt additional code updates at the same time
4
Presentation Outline
• Purpose
• History
• Proposed Amendments
• Summary
• Action Requested
5
History
• Florida Statutes Chapter 369 Part III (2004)
“Wekiva Parkway and Protection Act”
• found that springs are threatened by flow reductions
and declining water quality
• required local governments to amend Comprehensive
Policy Plans to include the protection of:
• most effective
recharge areas
• karst features
• sensitive natural habitats
6
History
• Comprehensive Policy
Plan Amendments for the
Wekiva Parkway and
Protection Act
• Adopted by BCC in
December 2007
7
History
•
Moratorium in Wekiva Study Area
•
no applications for new or expanded solid waste
facilities
•
effective January 17, 2008 – January 31, 2009
•
allow time to conduct study
•
allow time to develop code
amendments
•
in January 2009 extended
up to April 30, 2009
8
History
•
Study on Siting of Solid and Hazardous Waste
Management Facilities in WSA
•
outsourced to Brown and Caldwell
•
reviewed Wekiva Aquifer Vulnerability Assessment
model
•
reviewed current facility
classifications and requirements
•
evaluated relative potential risks to
aquifer
•
recommended siting requirements,
additional controls, etc.
9
History
• Stakeholders
– Nov 17, 2008
– Feb 26, 2009 - update
• EPC
– Nov 19, 2008 – recommendation of support
– Feb 25, 2009 - update
• LPA
– Nov 20, 2008 - work session;
– Feb 19, 2009 - found consistent with Comprehensive
Policy Plan (unanimous)
Presentation Outline
•
Purpose
•
History
•
Proposed Amendments
•
Summary
•
Action Requested
11
Summary
Proposed Amendments:
1. Restrictions and requirements within
aquifer vulnerability zones
2. Update stormwater management requirements
3. Adopt portions of state rules for groundwater monitoring
4. Adopt portions of state rules for facility construction
5. Clarify that BCC may consider applicant history
6. Require financial assurance for remedial actions
7. Miscellaneous code formatting and consistency revisions
8. Amendments to Zoning code and Use Table
9. Applicability within municipalities
12
Proposed Amendments
1. Restrictions and requirements within
aquifer vulnerability zones
All groundwater
is vulnerable
13
Primary
(“more vulnerable”)
Secondary
(“vulnerable”)
Tertiary
(“less vulnerable”)
Land Use
Planning
Low Risk
of Impact
Moderate Risk
of Impact
High Risk
of Impact
and
Environmental
Protection
Primary
“more vulnerable”
Secondary
“vulnerable”
Tertiary
“less vulnerable”
Proposed Amendments
1. Restrictions and requirements within
aquifer vulnerability zones
•
Primary (“more vulnerable”) zone and
Secondary (“vulnerable”) zone
•
“presumptive prohibition” of RCRA Hazardous
Waste Treatment Storage and Disposal Facilities
•
“presumptive prohibition” of solid waste disposal
facilities
•
additional controls for solid waste “non-disposal”
facilities (e.g. transfer stations, recycling)
16
Proposed Amendments
1. Restrictions and requirements within
aquifer vulnerability zones cont’d
Examples of additional controls for non-disposal
facilities:
•
increased waste screening
•
enhanced leachate controls
•
enhanced stormwater control
•
enhanced water quality monitoring
•
additional staff training
17
Proposed Amendments
1. Restrictions and requirements within
aquifer vulnerability zones cont’d
•
Tertiary (“less vulnerable”) zone
•
Hazardous waste treatment and storage facilities
allowed*
•
All solid waste facilities allowed*
* Subject to standard regulatory requirements
18
Proposed Amendments
1. Restrictions and requirements within
aquifer vulnerability zones cont’d
Allowance for site-specific hydrogeological study
based on Weights-of-Evidence model
Soil Permeability
may have
better input data
+
Proximity to Karst Feature
+
Intermediate Aquifer Thickness
+
Hydraulic Head Difference
=
Aquifer Vulnerability
19
Proposed Amendments
1. Restrictions and requirements within
aquifer vulnerability zones cont’d
•
lawfully existing sites “grandfathered”
•
substantial changes or deviations (e.g. lateral
expansions) trigger new
siting requirements
20
The following proposed
amendments (#2 - #9) will apply
throughout Orange County.
Proposed Amendments
2. Update stormwater management requirements
•
use subdivision stormwater regulations as a base
•
disposal facilities still required to retain the 100-yr
24-hour storm
•
proposing setbacks from karst features
•
proposing enhanced
water quality /
pollution abatement for
“non-disposal” facilities
22
Proposed Amendments
12
Inches rainfall (retention)
11
10
9
8
7
6
5
4
3
2
1
0
Non-disposal
(current)
Minimum
Non-disposal
(proposed)
Disposal (stay at
100-yr storm)
Maximum
23
Proposed Amendments
2. Update stormwater management requirements
cont’d
•
lawfully existing sites “grandfathered” for retention
volume
•
adding stormwater system maintenance
•
mandatory sediment removal and
restoration to design specs every 5 years
•
removed sediment must be
disposed in lined landfill
24
Proposed Amendments
3. Adopt portions of state rules for groundwater
monitoring
•
substitute existing code with
portions of FAC 62-701
(Solid Waste Management
Facilities) adopted by reference
•
retain the more stringent Orange County
requirements
•
clarify that water quality monitoring includes all areas
contacted by leachate
25
Proposed Amendments
4. Adopt portions of state rules for
facility construction
•
•
substitute with portions of FAC 62-701
adopted by reference
•
bottom liner
•
top cover
•
closure
retain the more
stringent Orange County
requirements
26
Proposed Amendments
5. Clarify that BCC may consider applicant
history
•
already considered by BCC during permit
renewals
•
adding explicitly that
BCC may consider
for new permits
27
Proposed Amendments
6. Require financial assurance for remedial
actions
•
FDEP uses separate financial assurance for
remedial actions
•
proposing to align county
requirements with FDEP’s
28
Proposed Amendments
7. Miscellaneous code formatting and
consistency revisions
•
throughout Chapter 32 Article V
•
definitions more consistent with FS 403.703
•
reorganize
29
Proposed Amendments
8. Zoning code and Use Table (Chapter 38)
•
add/revise definitions
•
make permitted Zoning districts in Chapter 32 and 38
consistent
•
add new use category for Hazardous Waste
Treatment Storage and Disposal Facilities
•
limited to I-4 (heavy industrial)
•
must comply with
Chapter 32 Article V
•
prohibited in Primary and
Secondary aquifer
vulnerability zones
30
Proposed Amendments
9. Applicability within municipalities
•
currently does not apply in incorporated areas unless
by agreement
•
inconsistent with Charter
•
until May 1, 2010 to either
•
have municipality adopt and permit under same
or more stringent rules, or
•
apply to Orange County for permit
31
Presentation Outline
• Purpose
• History
• Proposed Amendments
• Summary
• Action Requested
32
Summary
Proposed Amendments:
1. Restrictions and requirements within
aquifer vulnerability zones
2. Update stormwater management requirements
3. Adopt portions of state rules for groundwater monitoring
4. Adopt portions of state rules for facility construction
5. Clarify that BCC may consider applicant history
6. Require financial assurance for remedial actions
7. Miscellaneous code formatting and consistency revisions
8. Amendments to Zoning code and Use Table
9. Applicability within municipalities
33
Action Requested
1st Hearing
No action requested; confirm scheduling for 2nd hearing
2nd Hearing
Determine that the proposed
ordinance will not have a
substantial impact on the
development of real property
within Orange County.
Adopt the Ordinance
amending Chapter 32,
Article V, and Chapter 38,
related to Solid Waste
Management as well as
Hazardous Waste.
34
Board of County
Commissioners
Proposed Amendments
to Chapter 32, Article V,
Solid Waste Management, and
to Chapter 38, Zoning
Orange County Code
Presented by the
Orange County Environmental Protection Division
March 10, 2009
Supplemental Materials