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I <br />L <br />MR. COLLINS STATED THAT THE DER IS IN CONCURRENCE WITH THE <br />WAY THE COUNTY IS HANDLING THE SITUATION SO FAR, AND THEY HAVE SENT <br />OUT LETTERS TO THE OFFENDERS. <br />COMMISSIONER LOY REQUESTED THAT MR, COLLINS EXPLAIN THE <br />PROCEDURE THEY FOLLOW IN SITUATIONS LIKE THIS. <br />MR. COLLINS STATED THAT FIRST THEY MUST DETERMINE WHETHER IT <br />IS AN ILLEGAL LANDFILL. IF IT IS AND THEY CAN'T STOP THEM, THEN THEY <br />GO TO MR. KOZLOV IN THE ENFORCEMENT SECTION. HE INFORMED THE BOARD <br />THAT THROUGH STATE ACTIONS, THEY NOW HAVE NO SAY REGARDING CONSTRUCTION <br />AND'DEMOLITION SITES, AND IF A SITE IS LIMITED TO RECEIVING ONLY MATERIAL <br />FROM CONSTRUCTION OR DEMOLITION, THEY CANNOT TOUCH IT. THIS AUTHORITY <br />WAS TAKEN AWAY FROM THEM BY HOUSE BILL #123. HE STATED THAT IF, HOWEVER, <br />THESE MATERIALS ARE BEING CARRIED TO ANOTHER LOCATION, THE DER WOULD NOT <br />HAVE AUTHORITY, BUT IT WOULD BE ILLEGAL DUMPING, WHICH THE LITTER <br />ENFORCEMENT OFFICER COULD DEAL WITH. MR. COLLINS SUGGESTED, AS A REMEDY, <br />THAT WHEN THESE PEOPLE APPLY FOR A DEMOLITION PERMIT, SOME WORDING BE <br />PUT ON THE PERMIT REQUIRING THAT THESE MATERIALS MAY BE TAKEN ONLY TO <br />A PERMITTED AREA. HE CONTINUED THAT PEOPLE CAN EVEN CHARGE FOR DUMPING <br />OF DEMOLITION MATERIALS, BUT NOT FOR ANYTHING ELSE. <br />MR. KOZLOV AGREED THAT THE LEGISLATURE PASSED THIS, BUT NOTED <br />THERE IS A CATCH-ALL PHRASE THAT STATES "IF IT CONSTITUTES A NUISANCE <br />OR A HAZARD TO PUBLIC HEALTH......," WHICH AFFORDS SOME LEEWAY. <br />MR. COLLINS NOTED THAT THE LEGISLATURE ALLOWED THE BURNING <br />ON SITE OR.BURYING ON SITE AS AN ECONOMIC RELIEF AND IT REFERS TO "SOLID <br />WASTE GENERATED ON YOUR OWN PROPERTY." <br />MR. KOZLOV STATED THAT THE OPINION OF THE LEGAL STAFF IS THAT <br />EVEN IF YOU OWN ANOTHER PIECE OF PROPERTY .A FEW MILES AWAY, YOU COULD <br />ONLY BURN OR BURY WHERE THE WASTE WAS GENERATED, NOT MOVE IT SOMEWHERE <br />ELSE. MOVING NULLIFIES THE ECONOMIC RELIEF ASPECT. <br />MR. COLLINS INFORMED THE BOARD THAT BREVARD COUNTY HAS AN <br />ORDINANCE STATING THAT ALL WASTE, ETC., MUST GO TO THE CENTRAL LANDFILL <br />AREA. HE NOTED THAT THE DER CAN ISSUE THE ENVIRONMENTAL PERMIT, BUT <br />THE PEOPLE MUST COMPLY WITH THE COUNTY ORDINANCE. MR..MCNANAMY FURTHER <br />NOTED THAT VOLUSIA COUNTY HAS AN ORDINANCE WHICH REQUIRES THAT ANYONE <br />OPERATING A LANDFILL MUST HAVE A COUNTY PERMIT FIRST. <br />95 <br />OCT 18 1978 <br />MA 37 Ina <br />