Special Thanks to Jay & Nash Patel, Marcus Pointe Residents, for allowing the Board to meet without cost at their Days Inn location next to Kia Motors on RTE#29.

Attending:  Carol Wilson, President; Board members: KG Mani, Jim Witt, Jim Balthrop and Larry Clarke.  The Crescent Lake Homeowners Association was represented by Al McCoy and Ed Marcinak (KG Mani is also a member of that association).  The Florida Department of Environmental Protection (DEP) was represented by Dick Fancher, DEP Northwest District Director, Michael Kennedy, professional geologist and Program Administrator for the Waste Management Program (read solid waste), and David Morres, professional engineer and Program Administrator for Water Facilities. Lynn Jones, a concerned resident also attended (Lynn has a long history with the dust particulate from trucks entering and leaving the dump site and his working with DEP to find an acceptable resolution to the problem).

For our membership: 
Your Board serves pro bono because we are genuinely concerned about our community.  Our goal is to maintain the appearance and upkeep outlined in the legal covenants that govern the operations of our community.  We encourage everyone to go to the web site http://www.marcus-pointe.com/ download the Covenants and Architectural guidelines.  There are blank forms for addressing/requesting architectural changes to your property that require prior approval. Please do not sign contracts or begin work until you have checked this site.  We do not want to be confrontational or disagreeable, but covenant enforcement is required.  Spend a few minutes updating your family on the community requirements and avoid letters of violation.  We also encourage you to register for the Association blog where you can provide your comments any time you desire.  Our Board meetings are open to the Association membership and we encourage you to attend at least one while residing in the community.

Carol Wilson called the meeting to order. 

Meeting Function:
This was a special meeting called to discuss the two Consent Orders issued by DEP (one from the Industrial Waste Water Division and the other from the Solid Waste Division) to Mr. Anthony Green on April 16, 2009 to stop dump operations being conducted without a permit, provide an outline for bringing the dump into DEP compliance, setting guidelines for DEP to make a periodic inspections, and to assess fines allowed under Florida Law.  One Consent Order addresses the operations of the sand pit and potential runoff from sand washing operations.  The other Consent Order addresses solid waste operations in the sand clay pit area.  The clay pit is identified by DEP as the Blossom Trail C&D Landfill (DEP file No. 0078442-002-SO).  The original letter called for Mr. Green to sign the Consent Order by May 1, 2009.  He did not meet that deadline but has now signed both Consent Orders and has paid the fine on one of the two Consent Orders.  This specific Blossom Trail Clay Pit process is almost 2 years in the working.

History:

• Until the mid-1990’s, permitting for Construction and Demolition Debris Disposal Facilities (C&D) required only a general permit with little paperwork or requirements. Class I Facilities that receive household garbage requires among other things a liner that protects the surrounding area from ground water contamination.
• In 1997, regulations for C&D facilities were increased.  Part of the permitting required ground water monitoring.  There were also financial assurance clauses required by the owner/operator.  DEP also requires on-site observation to ensure compliance (the dump is receiving only the classes of debris for which it was permitted).
• DEP is always in the process of improving and upgrading landfill requirements as they learn more over time about the potential hazards of waste contaminants and from decomposing waste.
• In the recent past, strontium and boron have shown up in Florida C&D landfills (neither is a naturally occurring ground constituent for this area).  Research and investigation indicate these constituents are a result of Chinese imported wallboard and boron is used as a fire retardant and as a new wood preservative.  Both have been used in new home construction.
• Many lessons have been learned from the Saufley landfill experience.  The following link is good for education of those interested.  http://www.dep.state.fl.us/northwest/Landfills/SaufleyLandfill.htm.
• DEP is always concerned about mitigating the risk of fires, odors, rainwater runoff and erosion of the covered landfill.  Hydrogen sulfide was recently detected in a Panhandle landfill by the EPA.  DEP currently has no way of testing for this contaminant and working with EPA proved very beneficial for DEP and our residents.

            All three DEP employees addressed the group.  Here are the comments they offered in bullet form and their responses to questions posed by the attending group.

• The sand pit has been operated without permit since 2001.  There has also been some unregulated bentonite drilling mud deposited in the property from Gulf Power operations.  DEP worked with Gulf Power to ensure that no contaminants were in the drilling mud.
• Prior to that date, permits (5-year terms) were granted for its operation.
• There has been an issue recently of full waste containers being stored at the site which is a violation of state regulations.  Mr. Green, Jr. was given a Warning Letter by DEP.  He met with DEP officials and is making arrangements for the proper removal and processing of that debris into an authorized site.
• Trucks entering and leaving the clay pit have created large volumes of dust that have covered the house, pools and property of several of our homeowners.  This issue has been addressed with DEP and the county and most residents feel it remains an unresolved issue.  DEP stated they will make this problem a permitting issue.
• DEP has attempted to resolve this situation in the past without success.
• Fines have been assessed for these past violations.  The fines are small but are what is allowed by Florida law.
• Compliance with the Consent Orders in no way alleviates the need for permits to operate in the pit in the future. 
• The Consent Order requires certified contractors collect samples and process the collection in certified labs and provide that data to DEP for review.
• Applications for permits, both the State of Florida via the DEP and Escambia County, are required to operate the pit.  Successful application with one and not the other does not allow dumping operations.
•  Facilities processing yard debris only require a registration (no permit), about a page or two of information and a $25.00 fee.  Mr. Green has a valid Yard Trash Registration. That is all done through the Tallahassee DEP office and is not administered locally by the State DEP.
• Mr. Green reportedly intends to seek a Construction and Demolition Debris Disposal Facility permit (yard debris as well as construction and demolition materials C&D).  C&D would be a new permit for the property.
• Mr. Green has 10 days from signing the Consent Order to grant DEP access to the property (another document he must sign) for water sampling.  The deadline date is September 4, 2009.  We have asked to be notified when he signs that access release.
• The Solid Waste Consent Order requires that all on site waste be covered with soil as required by DEP guidelines.  Access be granted by DEP personnel for sampling.
• Within 45 days he must submit a Sand and Limestone Mine General Permit Notification form and within 180 days he must submit an application for the Solid Waste C&D permit.
• The sand mining permitting process should be completed within 180 days.
• Should MPHA or Crescent Lake Association decide to object to the content of the Consent Orders, petitioners have 21 days from the date the Consent Order document was signed.  It is the general consensus of the MPHA Board that we would want all of the Consent Order to be complied with. We have no other additions we feel are necessary and relevant to Florida Statutes (could be added under the letter of the law) at this time.
• A 14 day petition right can be exercised once the Solid Waste permit or the sand mining permit is noticed with an Intent To Issue.  It is also possible to request an extension of the petition time, 21 days for the Consent Orders and 14 days for permits.
• Permit requests are very complex and can be a hundred to a thousand pages long with rolled topography charts.  Your Board will be tracking this application closely to see if we need to petition the permit for issues of concern to us.
• DEP has no legal requirement for the height a land fill can achieve, only that the final debris ground-covered finish cannot exceed 3 to 1 in slope.  In seeking resolutions of the height issue post meeting from Escambia County, the assistant county attorney says “Solid Waste believes that any new pit operation will be classified as either a “rural facility” or an “infill facility” under Section 82-226, EscambiaCounty Code of Ordinances.  Under either classification, the pit height is limited to average grade at the time of commencing operations.  While there is an exception for preexisting DEP-permitted operations that were “active” at the time the County adopted the ordinance, my understanding is that this particular pit was not active and that the exception probably wouldn’t apply.”
• Some Florida counties (Santa Rosa is one) have passed code ordinances that landfills have a liner.  Escambia country has no such code requirement at this time but we understand it has been discussed.
• Longleaf C&D Waste Facility abuts the Blossom Point facility.  It is fully permitted and DEP reports it appears well managed.
• Your Board is considering visiting the DEP office and reviewing all the paper records from the past that have not been digitized.  The current case file will all be digitized and on line for our perusal from home.

MPHA and Crescent Lake reps were very grateful for the time spent with DEP officials.  The meeting was most beneficial to all who attended.

The meeting adjourned at 5:35.

Respectfully submitted,
Larry Clarke
Marcus Pointe Association Board Recording Secretary.