9/14/1993 - Laserfiche WebLink

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r SSP x.41993 TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: CR512 Clearing Disposal BOOK 90 Pav 5.37 7 DATE: September 9, 1993 FILE: 512clr.agn DESCRIPTION AND CONDITIONS When the CR512 Clearing/Wentworth Ditch relocation project specifications were prepared and the project advertised for bid, the County Staff and low bid contractor considered the use of an air curtain incinerator as an allowable disposal technique for right-of-way clearing debris. In the bid documents, Page SP -6, it was stated that "All trees to be removed shall be disposed of by the Contractor off-site in accordance with these provisions and in accordance with applicable local codes and ordinances. When burning of'such materials is permitted, all such burning shall be subject to -applicable laws, ordinances and regulations, including Chapter 17-5 of the Department of Environmental Regulation and Chapter 51-2 of the Department of Agriculture and Consumer Services, Division of Forestry. All burning at locations where trees and shrubs are adjacent to the cleared area shall not be harmed. When burning is prohibited by law, ordinance, or regulation; -the Contractor shall dispose of the material by other approved means at no additional vay." After the Contract was awarded, the Contractor applied for and received a County Burning Permit to burn the debris at the Jack Davis dairy site (SE corner of CR512 and CR510). Shortly thereafter, the County staff researched the formal action taken by the Board of County Commissioners on May 18, 1993, when the Richard Fey Burning operation in Fellsmere was considered. The County Attorney's office rendered a preliminary opinion that because the FDER does not issue .individual permits for temporary burn facilities, the exemption under 925.03(2) did not apply and material from a site cannot be relocated to a separate site in the unincorporated area and disposed of by burning. As a result, the County returned the Contractor's permit fee and informed the Contractor that he could not burn the material in the unincorporated area of the County. After researching the matter further, Exemption 925.03(2) in the County Code states that "the following activity is exempt from the proVisionss-of Chapter 925: "Burning activities associated with the use of air curtain incinerators permitted by the the Florida Dept. of Environmental Regulations (FDER) and operated by governmental entities...". The Community Development Director shall make interpretations regarding issues of use and criteria as it relates to the interpretation of land development regulations. In reviewing this exemption, the Community Development Director agrees that in the CR512 clearing disposal instance, the following applies: 1) An'air curtain incinerator will be used. 2) The Florida DER (now DEP) has taken the position that the use of portable temporary air curtain incinerators; when properly used, are not detrimental to the environment and a specific use permit is not required for a temporary (less than 6 months) period. 3) The burning operation will be operated by a governmental entity (County) through its contractor, Sheltra and Sons, Inc. 36