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Fr- 3 A � 12 119 <br />Boa 88 P,k�r 4 9?1 <br />In verbal conversations with county staff, DER staff has indicated <br />that Macho Products, Inc. will be using the best available control <br />technology (SACT) to handle VOC emissions. DER staff has also <br />indicated that Macho Products, Inc. will soon apply for a DER air <br />-- quality permit. Consequently, county planning staff will require <br />the applicant to submit a DER construction permit prior to site <br />plan release and to submit a DER operations permit prior to the <br />issuance of a certificate of occupancy for the project. <br />In staff's opinion, state air emissions requirements enforced <br />through the FDER permitting and inspection process are. adequate to <br />ensure that'no adverse air quality problems will result from site <br />plan approval. In fact, if Macho Products were proposing to locate <br />within an existing structure which was approved for industrial <br />uses, no county approvals at all would be required. In that case, - <br />however, DER would still require -that applicable air emissions <br />permits be obtained.. - <br />It is staff's opinion that all air emission related issues be <br />addressed by DER. Not only does DER have adequate technical staff <br />to address air emissions, but DER also has standards and criteria <br />relating to air quality. Because Indian River County regulations <br />do not specifically address air emissions, any decision made based <br />upon assumed air quality impacts would be arbitrary and probably <br />v <br />indefensible if challenged in court. <br />RECOMMENDATION: <br />Staff recommends that the Board of County Commissioners take no <br />action on this matter. <br />Director Keating reported that staff has been talking to <br />representatives of Macho Products for a year about their desire to <br />locate within Indian River County, and they have informed staff <br />about characteristics of their product and the fact that they have <br />some emissions. Any site plan must meet the requirements of all <br />jurisdictional agencies, including the St. Johns River Water <br />Management District (SJRWMD) and the Florida Department of <br />Environmental Regulation (FDER). Construction and operating <br />permits will be required. Macho has not yet applied for either of <br />these. Indian River County ordinance requires all permits and <br />agency criteria to be submitted to staff before a permit will be <br />issued. The specifics will be discussed Thursday night at the <br />Planning & Zoning Commission meeting. He noted that if Macho <br />wanted to move into an existing facility, they would not have to <br />get a permit from the County because that would be outside the <br />scope of the County's authority. Because this is a new facility <br />the County will be coordinating with FDER. <br />18 <br />