Hubbard Construction Company
d/b/a Mid Florida Materials
Request for Special Exception
Request for Solid Waste Facilities Permit
to operate a Class III Landfill
Chronology of Events
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August 8, 1988
May 9, 2000
September 26, 2012
October 24, 2012
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January 29, 2013
April 4, 2013
June 4, 2013
May 1, 2014
Orange County Approved C&D landfill permit
C&D Facility expanded to 220 acres
DRC approval of Class III with conditions
Fla. Department of Environmental Protection issues
Class III Permit
Orange County renewed C&D Permit through 2017
Board of Zoning Appeals approval with conditions
Board of County Commissioners denied 4-3 vote
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:
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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:
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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 a
Cap for the entire landfill
Consistency with Orange County Comprehensive Plan
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.
Hubbard’s Application Complies with the Applicable Laws
Including Wekiva Protection Act
“…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 chapter
369 Florida Statutes, the Orange County Solid Waste Management
Ordinance, and Orange County Comprehensive Plan.”
Hubbard v. Orange County
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
Proposed Class III
Landfill with Liner
and Cap
Full liner and cap
Clayey soil liner and
cap
OPAQUE
BUFFER
Wells
CLOSE/CAP AREAS
AS FILLED
+99% reduction in infiltration
through landfill
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 Exception
And Solid Waste Facilities Permit as follows:
Grant of Special Exception with 9 conditions
Grant 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