Proposed Amendments to Chapter 32, Article V, Solid Waste Management Ordinance Case No. PH-ORD-041...

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Proposed Amendments Proposed Amendments to Chapter 32, Article V, to Chapter 32, Article V,

Solid Waste Management OrdinanceSolid Waste Management Ordinance

Case No. PH-ORD-041 Case No. PH-ORD-041

Presented by the Presented by the Orange County Environmental Protection DivisionOrange County Environmental Protection Division

November 17, 2011November 17, 2011

Local Planning AgencyLocal Planning Agency

Presentation OutlinePresentation Outline

• Purpose

• Background

• Proposed Amendments

• Comprehensive Plan References

• Action Requested

• Purpose

• Background

PurposePurpose

Review the proposed amendments and determine if the proposed amendments are consistent with the County' s comprehensive plan.

• Purpose

• Background

BackgroundBackground

• Chapter 32 Article V has an existing prohibition of Class I landfills within the Wekiva Study Area.

• Proposed amendments will clarify that waivers cannot be granted for this prohibition.

Section 32-216(c)(4)Existing landfill restrictions within the Wekiva Study Area:

Facility Type

Floridan Aquifer Vulnerability Zones

Primary… Secondary… Tertiary…

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

Unless exempt pursuant to section 32-216(a)(2), liners shall be constructed in accordance with section 32-216(a)(2)

Section 32-214(k)Factors to consider for a waiver:

1. Location of real property;

2. Distance of the proposed solid waste management facility from improvements on adjoining real property;

3. Effect of the proposed waiver on adjoining property;

4. Current physical conditions on the real property whereon the solid waste management facility is proposed to be located;

5. Whether the waiver would be contrary to the public health, safety and welfare and/or adopted plans, policies or ordinances of the county;

6. Any special conditions applicable to the real property whereon the solid waste management facility is proposed to be located; and

7. Whether the waiver would diminish the level of environmental protection provided by this article or would otherwise nullify the intent and the purpose of this article.

• Purpose

• Background

Proposed AmendmentsProposed Amendments

Section 32-214 (a)

Proposed AmendmentsProposed Amendments

Section 32-214 (k)

• Purpose

• Background

Comprehensive Plan ReferencesComprehensive Plan References

Comprehensive Plan References

Solid Waste Element

• Policy 1.5.1 (regulation of private facilities)

• Policy 2.1.5 (siting criteria in the WSA)

Future Land Use Element

• Policy 6.6.6 (protect the WSA through the establishment of three protection zones)

Conservation Element

• Policy 1.11.9 (protect the WSA through the establishment of three protection zones)

Comp Plan - Solid Waste Element

OBJECTIVE 1.5

Orange County shall continue to require that all existing and future privately owned solid waste management activities be operated in an environmentally sound manner…

Policy 1.5.1

Orange County shall continue to regulate private solid waste management facilities through the Solid Waste Management Ordinance, as amended, and the Zoning Code, as amended.

Comp Plan - Solid Waste Element

OBJECTIVE 2.1

Orange County shall ensure the proper management of hazardous wastes…

Policy 2.1.5 (Wekiva Study Area)

The County will evaluate the hazards posed by new solid waste facilities and expansions or extension requests of existing facilities within the Wekiva Study Area (WSA). The County will study appropriate siting criteria and other issues for solid waste transfer stations, hazardous and toxic materials treatment and disposal sites, and landfills. The County shall adopt regulations, as needed, to limit or exclude such facilities within portions of the WSA by December 31, 2008.

Comp Plan - Future Land Use Element

OBJECTIVE 6.6

WEKIVA. By January 1, 2007, the Land Development Code shall establish specific requirements for development within the Wekiva Study Area that may be necessary to protect ground water and surface water resources and to help attain target water quality standards. The requirements shall address, but not be limited to, allowed uses, stormwater management, open space, habitat protection, and public facilities.

Policy 6.6.6

The County shall protect the Wekiva Study Area through the establishment of three protection zones based upon the aquifer vulnerability data provided in the Florida Geological Survey Report of Investigation 104: Wekiva Aquifer Vulnerability Assessment (WAVA)…

Comp Plan - Conservation Element

OBJECTIVE 1.11

Orange County shall protect and conserve groundwater quantity and quality by implementing the following policies.

Policy 1.11.9

The County shall protect the Wekiva Study Area through the establishment of three protection zones based upon the aquifer vulnerability data provided in the Florida Geological Survey Report of Investigation 104: Wekiva Aquifer Vulnerability Assessment (WAVA)…

Action RequestedAction Requested

Find the proposed Ordinance amending Chapter 32, Article V consistent with the Orange County Comprehensive Plan.

Proposed Amendments Proposed Amendments to Chapter 32, Article V, to Chapter 32, Article V,

Solid Waste Management OrdinanceSolid Waste Management Ordinance

Case No. PH-ORD-041 Case No. PH-ORD-041

Presented by the Presented by the Orange County Environmental Protection DivisionOrange County Environmental Protection Division

November 17, 2011November 17, 2011

Local Planning AgencyLocal Planning Agency

Supplemental MaterialsSupplemental Materials

2005 Legislature adopted FS 369 Part III “Wekiva Parkway and Protection Act”

Dec 2007 Orange County adopted required WSA Comprehensive Policy Plan Amendments

Feb 2008 Moratorium on solid waste facilities in Wekiva Study Area

Feb 2009 Siting Study by consultants

Apr 2009 BCC adopted Chapter 32 Art V revisions including WSA restrictions and clarifying applicability within municipalities

Proposed Amendments to Chapter 32, Article V, Solid Waste Management Ordinance Case No. PH-ORD-041...

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