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MAY 4 1933 <br />TO: The Honorable Members of the DATE: April 26, 1983 FILE: <br />Board of County Commissioners <br />Through: Michael Wright <br />County Administrator <br />FROM: r�ce*. Pinto <br />Utility Services Director <br />DESCRIPTIONS AND CONDITIONS: <br />SUBJECT: RENEWAL OF OPERATING <br />PERMIT FOR LANDFILL <br />T <br />REFERENCES: <br />Indian River County through our consultant, Post, Buckley, Schuh and Jernigan, <br />has applied for renewal of the operating permit for the Indian River County <br />Landfill. The renewal of permit was based on the original design and operating <br />practices of the Landfill in accordance with the Department of Environmental <br />Regulation. <br />Due to the fact that the Department of Environmental Regulation design require- <br />ments and operating practices have drastically changed since the initial design <br />of our Landfill, the Department of Environmental Regulation is issuing Notice <br />of Intent to Deny the renewal of the operating permit. <br />ALTERNATIVES AND ANALYSES: <br />The present state law requires the Department of Environmental Regulation <br />to issue or deny the issuance of the operating permit within ninety (90) days <br />after the application has been accepted. However, there is a provision that <br />the County may waive their rights under Section 120.60(2), Florida statutes. <br />This waiver relieves the State of the requirement to make a decision within <br />the ninety (90) day time period. <br />After this waiver is granted,. the County will be in a position to review the <br />present requirements for design and operation and discuss with the Department <br />of Environmental Regulation the possibility or necessity of revising the design <br />and operational procedures of the Landfill. <br />The action taken by the Department of Environmental Regulation to inform us <br />of the denial does not come as a surprise because we are aware of their require- <br />ment to approve or deny application for permit within ninety (90) days after <br />receipt of application. <br />Itis important to note that Indian River County Landfill has operated in <br />full compliance with the provisions of its original operating permit. <br />RECOMMENDATION: <br />It is my recommendation that the Chairman be authorized to sign the request for <br />waiver of the ninety (90) day time limit and because of the fact of possible <br />redesign requirements, request the extension to be for one hundred twenty (120) <br />days. <br />Mr. Pinto noted that the DER after receiving the request for <br />waiver, would then rescind the intent to deny and we could <br />continue within the time limit allowed. <br />90 <br />