Environmental Protection

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1 FLORIDA DEPARTMENT O F Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, FL Ron DeSantis Governor Jeanette Nuñez Lt. Governor Noah Valenstein Secretary January 14, 2019 APPLICANT: New River Solid Waste Association NE 157 th Street Raiford, Union County, Florida PROJECT NAME: New River Regional Landfill AGENT: FILE No. SWVA Timothy G. Townsend, PhD., P.E. OGC NO AP Black Hall, P.O. Box Gainesville, Florida Union County NOTICE OF INTENT TO ISSUE A VARIANCE FROM SECTION (3)(c), F.S. The Department of Environmental Protection gives notice of its intent to grant a variance, File No. SWVA 18-02, from the provisions of (3)(c), F.S., to allow the use of whole waste tires as part of a proposed Septage Injection research project. I. DESCRIPTION OF THE PROPOSED ACTIVITY A. Project Description The petition requests a variance from (3)(c), F.S., which prohibits the disposal of whole waste tires in landfills. The Petitioner has proposed conducting a Septage Injection research project that includes the evaluation of three proposed injection systems that discharge septage into a municipal solid waste landfill. Whole tires will be used to construct geoconduits of differing configurations for each septage injection system. The three proposed septage injection systems include 1) a horizontal injection system; 2) a vertical injection system; and 3) a gravity drainage pit system. Two horizontal septage injection systems will be installed in the lined Cell 2 landfill area, two vertical septage injection systems will also be installed in the lined Cell 2 landfill area, and two gravity drainage pit systems will be installed in the lined Cell 3 area. The Petitioner has indicated that the septage injection into a landfill will provide better chemistry for biological processes, thereby increasing decomposition rates and landfill gas generation, thus providing a more sustainable landfill. The installation of geoconduits will be limited to Cells 2 and 3 of the landfill and will not be located within 100 feet of an existing landfill side slope or within 25 feet of a landfill gas collection device.

2 B. Project Location The New River Regional Landfill is located east of State Road 121, 2.5 miles north of Raiford, in Union County, Florida. The facility is located at Latitude 30 º North and Longitude 82 º West, in Section 33, Township 4 South and Range 21 East. II. AUTHORITY FOR REVIEW The Applicant has requested a variance pursuant to Section , F.S. of the Florida Air and Water Pollution Control Act. Variances and renewals pursuant to Section , F.S., may be granted for any one of the following reasons: (a) There is no practicable means known or available for the adequate control of the pollution involved. (b) Compliance with the particular requirement or requirements from which a variance is sought will necessitate the taking of measures which, because of their extent or cost, must be spread over a considerable period of time. (c) To relieve or prevent hardship of a kind other than those provided for in paragraphs (a) and (b). III. BACKGROUND/BASIS FOR ISSUANCE Because the Petitioner has demonstrated the that the hardship asserted as a basis for the variance is peculiar to the affected property and not self-imposed, the Department intends to grant the proposed variance. The Petitioner must comply with all other conditions of the solid waste permit, or from any requirements of other federal, state, or local agencies. Construction activities may not begin until the Department issues a final order which is incorporated into the current solid waste construction/operation permit. The variance shall only be valid for a period of 24 months. IV. PUBLICATION OF NOTICE Pursuant to Section , F.S., you are required to publish at your own expense the enclosed Notice of Intent to Issue. The notice is required to be published one time only within 30 days in the legal ad section of a newspaper of general circulation in the area affected. For the purpose of this rule, "publication in a newspaper of general circulation in the area affected" means publication in a newspaper meeting the requirements of Sections and , F.S., in the county where the activity is to take place. The Applicant shall provide proof of publication to: Department of Environmental Protection Solid Waste Section, 2600 Blair Stone Road, Mail Station 4565 Tallahassee, Florida 32317, phone: The proof of publication shall be provided to the address within 14 days of publication. Failure to publish the notice and provide proof of publication within the allotted time shall be grounds for denial of the variance.

3 V. RIGHTS OF AFFECTED PARTIES The Department will issue the variance (draft attached) unless a sufficient petition for an administrative hearing is timely filed under Sections and , F.S., as explained below: A person whose substantial interests are affected by the Department s proposed permitting decision may petition for an administrative proceeding (hearing) under Sections and , F.S. The petition must contain the information set forth below and must be filed (received) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida Because the administrative hearing process is designed to redetermine final agency action on the application, the filing of a petition for any administrative hearing may result in a modification of the variance or even a denial of the application. Under Rule (4), F.A.C., a person whose substantial interests are affected by the Department s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, , before the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If a request is filed late, the Department may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect. In the event that a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Any intervention will be only at the discretion of the presiding judge upon the filing of a motion in compliance with Rule , F.A.C. In accordance with Rule (3), F.A.C., petitions for an administrative hearing by the Applicant must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the Applicant, and other than those entitled to written notice under Section (3), F.S., must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. Under Section (3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication. The petitioner shall mail a copy of the petition to the Applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that person s right to request an administrative determination (hearing) under Sections and , F.S. A petition that disputes the material facts on which the Department s action is based must contain the following information: (a) The name and address of each agency affected and each agency s file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner s representative, if any, which shall be

4 (c) (d) (e) (f) (g) the address for service purposes during the course of the proceeding; and an explanation of how the petitioner s substantial interests are or will be affected by the agency determination; A statement of when and how the petitioner received notice of the agency decision; A statement of all disputed issues of material fact. If there are none, the petition must so indicate; A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency s proposed action; A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency s proposed action. A petition that does not dispute the material facts on which the Department s action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule , F.A.C. Under Sections (2)(c) and (d), F.S., a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. Mediation under Section , F.S., is not available for this proceeding. This action is final and effective on the date filed with the Clerk of the Department unless a petition is filed in accordance with the above. Upon the timely filing of a petition this order will not be effective until further order of the Department. This intent to issue constitutes an order of the Department. The Applicant has the right to seek judicial review of the order under Section , F.S., by the filing of a notice of appeal under Rule of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida ; and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the final order is filed with the Clerk of the Department. Executed in Leon County, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Kimberly A. Walker Program Administrator Permitting and Compliance Assistance Program

5 Copies furnished to: Perry Kent, New River Solid Waste Association, Joel Woolsey, New River Solid Waste Association, Timothy G. Townsend, Ph.D., P.E., University of Florida, Steven J. Laux, P.E., University of Florida, Carol Sawyer, P.E., Jones Edmunds, Ashanti McBride, DEP OGC, Tallahassee, Brian Durden, DEP Northeast District Office, Cory Dilmore, P.E., DEP PCAP Solid Waste Section, James Jarmolowski, P.G., DEP PCAP Solid Waste Section, FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to Section , F.S. with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk 1/14/2019 Date Enclosures: 1. Text for Notice of Proposed Agency Action 2. Draft Variance SWVA 18-02, OGC Case No

6 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF PROPOSED AGENCY ACTION The Department of Environmental Protection gives Notice of its Intent to issue a variance for the New River Landfill located at 2476 NE 157 th Street, Raiford, Union County, Florida. The New River Landfill is owned and operated by the New River Solid Waste Association who has proposed conducting a Septage Injection research project that includes the evaluation of three proposed injection systems that discharge septage into a municipal solid waste landfill. Whole waste tires will be used to construct geoconduits of differing configurations for each septage injection system. The three proposed septage injection systems include 1) a horizontal injection system; 2) a vertical injection system; and 3) a gravity drainage pit system. Two horizontal septage injection systems will be installed in the lined Cell 2 landfill area, two vertical septage injection systems will also be installed in the lined Cell 2 landfill area, and two gravity drainage pit systems will be installed in the lined Cell 3 area. The New River Solid Waste Association has indicated that the septage injection into a landfill will provide better chemistry for biological processes, thereby increasing decomposition rates and landfill gas generation, thus providing a more sustainable landfill. The installation of whole waste geoconduits will be limited to Cells 2 and 3 of the landfill and will not be located within 100 feet of an existing landfill side slope or within 25 feet of a landfill gas collection device. The Department has assigned File Numbers SWVA and OGC # to this project. The Department's file on this matter is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department of Environmental Protection, Solid Waste Section, 2600 Blair Stone road, Tallahassee, Florida 32317, phone Documents are also available at the following link: &[profile=permitting_authorization] A person whose substantial interests are affected by the above proposed agency action may petition for an administrative determination (hearing) under sections and of the Florida Statutes. The petition must contain the information set forth below and must be filed (received) in the Department's Office of General Counsel, Marjory Stoneman Douglas Building, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida Petitions filed by any persons other than those entitled to written notice under section (3) of the Florida Statutes must be filed within 14 days of publication of this notice or receipt of the written notice, whichever occurs first. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition within the appropriate time period shall constitute a waiver of that person s right to request an administrative determination (hearing) under sections and of the Florida Statutes, or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with rule of the Florida Administrative Code.

7 A petition that disputes the material facts on which the Department s action is based must contain the following information: (a.) The name, address, and telephone number of each petitioner, the applicant's name and address, the Department File Number and the county in which the project is proposed; (b.) A statement of how and when each petitioner received notice of the Department's action or proposed action; (c.) A statement of how each petitioner's substantial interests are affected by the Department's action or proposed action; (d.) A statement of all material facts disputed by petitioner or a statement that there are no disputed facts; (e.) A statement of facts which the petitioner contends warrant reversal or modification of the Department's action or proposed action; (f.) A statement of which rules or statutes the petitioner contends require reversal or modification of the Department's action or proposed action; and (g.) A statement of the relief sought by the petitioner, stating precisely the action the petitioner wants the Department to take with respect to the Department's action or proposed action. A petition that does not dispute the material facts on which the Department s action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule of the Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department s final action may be different from the position taken by it in this notice. Persons whose substantial interests will be affected by any such final decision of the Department have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. In accordance with Section , F.S., the Department advises that mediation is not available in this case as an alternative to filing a petition for an administrative determination.

8 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION In the matter of a request for variance by: New River Solid Waste Association OGC No.: New River Regional Landfill SWVA No.: P.O. Box 647 Raiford, Florida / ORDER GRANTING VARIANCE The Department hereby gives notice that it is granting a variance to the New River Solid Waste Association (Petitioner) pursuant to section , Florida Statutes (F.S.), for the New River Regional Landfill in Union County, Florida. The Petitioner has requested a variance from section (3)(c), F.S., which prohibits the disposal of whole waste tires in landfills. FINDINGS OF FACT 1. The New River Regional Landfill is a permitted disposal facility located east of State Road 121, 2.5 miles north of Raiford, Florida. The facility includes a Class I landfill and a Class III landfill. The facility is also a designated waste tire collection center limited to storing no more than 500 tires at a time. The landfill is owned and operated by the New River Solid Waste Association, an association of Baker, Bradford, and Union counties and has been assigned WACS Number by the Department. 2. In 2007 the Petitioner received an Innovative Waste Reduction and Recycling Grant (IG8-04) for $72,000 from the Department to conduct a research study on an innovative technique to beneficially reuse whole waste tires at the landfill. The purpose of the research was to test whether whole tires can effectively serve as a bedding media (a geoconduit) for liquids addition at landfills. The Petitioner contracted with the University of 1

9 Florida to assist with this evaluation. Professor Timothy Townsend, PhD, P.E., was the principal investigator for the research. 3. The Department previously issued variances on December 14, 2009, November 5, 2013, and October 13, 2016 to the Petitioner that allowed the use of whole waste tires as geoconduits in the New River Landfill as part of Department solid waste permits. Each variance was issued for a period of 24 months, beginning on the date the Petitioner received the necessary permit modification to proceed with the project. 4. The Petitioner has indicated that the research during the three 48-month periods that began in March 2010 was completed with no environmental harm and that nearly 2.8 million gallons of leachate were recirculated through the geoconduits during the project phases. The results indicate that the whole waste tire geoconduits show strong potential as a more sustainable method of adding and distributing liquids in landfilled waste. 5. On September 13, 2018, Professor Townsend submitted a petition for variance to the Department on behalf of the Petitioner for a new research project to determine if whole used tires can be used as part of a Septage Injection research project. The proposed research project includes evaluation of three proposed septage injection systems that discharge septage into a municipal solid waste landfill. The research project will test three different configurations that are designed to reduce solids binding and determine the useful life of each configuration. Whole waste tires will be utilized in each proposed septage injection system in some manner. 6. The three proposed septage injection systems include 1) a horizontal injection system; 2) a vertical injection system; and 3) a gravity drainage pit system. Two horizontal septage injection systems will be installed in the lined Cell 2 landfill area, two vertical septage injection systems will be also installed in the lined Cell 2 landfill area, 2

10 and two gravity drainage pit systems will be installed in the lined Cell 3 landfill area. 7. The Petitioner has indicated that septage injection into a landfill will provide better chemistry for biological processes, thereby increasing decomposition rates and landfill gas generation, thus providing a more sustainable landfill. The Petitioner has also indicated that the use of whole tire conduits for liquids addition, liquids redistribution, and gas extraction provides a more sustainable use of materials and supports a more sustainable means of operating a landfill. 8. The Petitioner has indicated that the proposed activity is not expected to result in any tire exposure at the surface of the landfill, and that the research conducted to date has not resulted in any whole tire exposure at the surface of the landfill. In addition, the Petitioner has indicated that the proposed activity is not expected to consume any landfill volume beyond that expected from the installation of the septage injection pits. 9. On September 26, 2018, the Department requested that additional information be provided by the Petitioner. This request included providing additional specific information regarding the use of waste tires as part of the proposed septage injection systems. On November 30, 2018, the Petitioner submitted the additional information requested by the Department, and on December 3, 2018, the Department determined that the additional information was acceptable. 10. This petition has demonstrated that research is needed to validate and develop the proposed technology and that the Petitioner will suffer a substantial hardship if it is prevented from completing this project. The petition has also demonstrated that the project is not expected to have any adverse environmental consequences and that it may in fact produce research results that could improve solid waste management practices in Florida. 3

11 11. The Department published a Notice of Intent to Grant in the Florida Administrative Register on January 2019, and the Petitioner published a Notice of Intent to Grant in a newspaper of general circulation in the area affected on January, No request for hearing was filed within the requisite timeframe. CONCLUSIONS OF LAW 1. Section (1)(c), F.S., authorizes the Department to grant a variance from the provisions of Chapter 403 and the rules promulgated thereunder if necessary to relieve or prevent hardship. 2. Rule (1), Florida Administrative Code, requires that a person seeking a variance under section , F.S., must demonstrate that any hardship asserted as a basis of the need for a variance is peculiar to the affected property and not self-imposed and that the grant of a variance will be consistent with the general intent and purpose of Chapter The Department concludes that the Petitioner has demonstrated that a variance from the provisions of section (3)(c), F.S. is warranted, that the hardship asserted as a basis for the variance is peculiar to the affected property and not selfimposed, and that the grant of the variance will be consistent with the general intent and purpose of Chapter This variance, by itself, does not constitute authorization for the Petitioner to proceed with the proposed project. This facility shall operate only in accordance with the appropriate permits issued by the Department's Tallahassee Office. For these reasons, the Petition for Variance is GRANTED, subject to the following conditions. 4

12 CONDITIONS 1. This variance is issued for a period not to exceed 24 months, beginning on the date that the Petitioner receives any necessary permit or permit modifications to proceed with the project. After the variance has expired, the Petitioner may leave the geoconduits in place but may not add any new whole tires as part of a septage injection system to the landfill. 2. The Petitioner shall only use whole waste tire as geoconduits as part of Septage Injection research project. Whole waste tires may be used to construct geoconduits of differing configurations, and are not to be located within 100 feet of an existing landfill side slope or within 25 feet of a landfill gas collection device. 3. This variance will remain valid even if some of the details of the project change, provided that such changes are in accordance with any applicable permit conditions and rules. 4. The issuance of this variance does not relieve the Petitioner from the need to comply with all other conditions of the solid waste permit, or from any requirements of other federal, state, or local agencies. NOTICE OF RIGHTS A person whose substantial interests are affected by the Department s proposed agency action may petition for an administrative proceeding (hearing) under Sections and , F.S. The petition must contain the information set forth below and must be filed (received) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida Petitions by the applicant or any of the parties listed below must be filed within 14 days of receipt of this written notice. Petitions filed by other persons must be filed within 5

13 14 days of publication of the notice or receipt of the written notice, whichever occurs first. Under Section (3), F.S., however, any person who asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition within the appropriate time period shall constitute a waiver of that person s right to request an administrative determination (hearing) under Sections and , F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule , F.A.C. A petition that disputes the material facts on which the Department s action is based must contain the following information: (a) The name and address of each agency affected and each agency s file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner s substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts 6

14 the petitioner contends warrant reversal or modification of the agency s proposed action; (f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency s proposed action. A petition that does not dispute the material facts on which the Department s action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule , F.A.C. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department s final action may be different from the position taken by it in this notice. Persons whose substantial interests will be affected by any such final decision of the Department have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. In accordance with section , F.S., the Department advises that mediation is not available in this case under the provisions of that statute. This does not prevent any interested parties from agreeing to other forms of alternate dispute resolution. Any party to this order has the right to seek judicial review of it under section , F.S., by filing a notice of appeal under Rule 9.110, Florida Rules of Appellate Procedure, with the clerk of the Department in the Office of General Counsel, Mail Station 35, 3900 Commonwealth Boulevard, Tallahassee, Florida , and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within thirty days after this order is filed with the clerk of the Department. 7

15 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CERTIFICATE OF SERVICE Tim Bahr, P.G. Director Division of Waste Management 2600 Blair Stone Road Tallahassee, FL I, the undersigned designated Department clerk, HEREBY CERTIFY that a true and correct copy of the foregoing has been foregoing has been electronically mailed to Perry Kent, New River Solid Waste Association, P.O. Box 647, Raiford, Florida 32083, and to the listed persons below on this day of, 2019, in Tallahassee, Florida. FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to (11), Florida Statutes, with the designated Department clerk, receipt of which is hereby acknowledged. (Clerk) (date) Copies furnished to: Joel Woolsey, New River Solid Waste Association, jwoolsey@nrswa.org Timothy G. Townsend, Ph.D., P.E., University of Florida, ttown@ufl.edu Steven J. Laux, P.E., University of Florida, steven.laux@essie.ufl.edu Carol Sawyer, P.E., Jones Edmunds, CSawyer@jonesedmunds.com Ashanti McBride, DEP OGC, Tallahassee, Ashanti.Mcbride@dep.state.fl.us Brian Durden, DEP Northeast District Office, Brian.Durden@dep.state.fl.us Cory Dilmore, P.E., DEP PCAP Solid Waste Section, Cory.Dilmore@dep.state.fl.us James Jarmolowski, P.G., DEP PCAP Solid Waste Section, James.Jarmolowski@dep.state.fl.us 8