June Update on Anuvia, Shelley's, and Monterey Mushrooms
For
Zellwood, Tangerine, Surrounding Neighborhoods
June 13, 2020
Orange County sent an update on their investigation of the local odors.
Please, please continue to report odors. I know that it's a pain to report in two places but if there aren't complaints there isn't follow through.
We cannot stop now and need to stay on top of this issue.
Via Orange County today:
Orange County Government is responding to complaints concerning objectionable odors in the Zellwood, Mt. Dora, and Tangerine areas and providing updates as new information becomes available.
Working together on this complex issue, Orange County and the Florida Department of Environmental Protection (FDEP) are streamlining complaint processes, investigating odor concerns, providing compliance assistance to potential source facilities and pursuing enforcement actions for violations of regulations and permit requirements.
Latest actions and information
• Orange County recently created an online reporting form for documenting odor complaints. Residents are encouraged to use the form at http://orangecountyfl.net/…/ReportingAnObjectionableOdor.as….
• Orange County received 34 complaints concerning objectionable odors between May 26 and June 11. Approximately half of these complaints were submitted via the new online reporting form.
Anuvia Florida LLC:
• FDEP and Orange County’s Environmental Protection Division (EPD) issued a joint Consent Order to Anuvia on May 29. The Order addresses objectionable odors and permit violations observed over the past six months, and requires Anuvia to pursue corrective actions, meet specific timelines and pay penalties. After the document is signed by Anuvia and executed by FDEP and EPD, Anuvia’s corrective actions timeline will begin. FDEP and EPD are currently awaiting comments from Anuvia.
Shelley’s Septic Tank, Inc. (dba Shelley’s Environmental Systems):
• FDEP entered into a Consent Order with Shelley’s on May 14, 2020, requiring the payment of fines and investigative costs, adherence to a corrective action timeline, and retention of a professional engineer to conduct an odor study. A report is due to FDEP within 60 days of the effective date of the order. Additional penalties will be imposed if the corrective actions are not implemented.
• Following an enforcement meeting between EPD and representatives from Shelley’s on May 11, 2020, a draft Consent Agreement is being reviewed by the County Attorney’s Office that is expected to specify corrective actions by Shelley’s and GPITA, LLC to address objectionable odor violations.
• Orange County’s Code Enforcement Division issued a series of violation notices to Shelley’s. A March 5, 2020 compliance deadline regarding building permits and site requirements was not met. As a result, a Special
Magistrate hearing is scheduled for July 8, 2020, at the County Administration Building, First Floor, 201 S. Rosalind Ave., Orlando, 32801.
GPITA, LLC:
• Following an enforcement meeting between EPD and representatives from GPITA on May 11, 2020, a draft Consent Agreement is being reviewed by the County Attorney’s Office that is expected to specify corrective actions by Shelley’s and GPITA, LLC to address objectionable odor violations.
• Orange County’s Code Enforcement Division issued a Code Violation Notice on February 4, 2020, citing non- permitted uses. The violation notice indicated that applications for special exceptions should be submitted immediately. A Special Magistrate hearing is scheduled for July 8, 2020, at the County Administration Building, First Floor, 201 S. Rosalind Ave., Orlando, 32801.
Monterey Mushrooms, Inc.:
• FDEP issued a warning letter on May 26 notifying Monterey Mushrooms that they are conducting a formal investigation into the facility’s use of “misters” or “evaporators” to increase the evaporation rate from holding ponds. Such an activity constitutes a violation of Florida Administrative Code.
• FDEP has received objectionable odor complaints possibly associated with this facility. As Monterey Mushrooms operates an agricultural process, the Florida Department of Agriculture & Consumer Services (FDACS) was contacted. An inspection on June 4, 2020, found sanitary deficiencies in food processing areas. No odor-related issues were mentioned in the inspection report.
• EPD issued an Air Quality Non-Compliance letter on April 27, 2020, citing observed objectionable odors. On May 8, 2020, Monterey Mushrooms sent an e-mail to EPD indicating that they have reviewed all their operating procedures to be sure that Mushroom Good Agricultural Practices are being followed. Their General Manager implied that their farm operations cannot be deemed a nuisance in accordance with section 823.14(4), Florida Statutes (Florida Right to Farm Act) which states, “a farm shall not be deemed a nuisance if it has been in operation for 1 year or more and was not a nuisance at the time of its established date of operation and if the farm operation conforms to generally accepted agricultural and management practices.” The e-mail also requested names and locations of complaints and expressed a desire to answer any questions and provide information on processes in the cultivation of mushrooms for human consumption. EPD and the Orange County Attorney’s Office continue to review Monterey Mushrooms’ claim that they cannot be deemed a nuisance under the Right to Farm Act.
Other Actions:
• An EPD inspector regularly visits the areas where the businesses noted above are located and where complaints have been recorded to evaluate and record current conditions.
• Complaints associated with specific businesses are shared with those businesses by EPD.
Contact us
Orange County values your input. You can contact us at EPDcomplaints@ocfl.net, call 407-836-3111, or dial 311 from your mobile device to ask questions or provide us with odor information. To submit an online complaint, please use the online form at http://orangecountyfl.net/…/ReportingAnObjectionableOdor.as…. This will help ensure consistency in obtaining and tracking valuable information.
Working together on this complex issue, Orange County and the Florida Department of Environmental Protection (FDEP) are streamlining complaint processes, investigating odor concerns, providing compliance assistance to potential source facilities and pursuing enforcement actions for violations of regulations and permit requirements.
Latest actions and information
• Orange County recently created an online reporting form for documenting odor complaints. Residents are encouraged to use the form at http://orangecountyfl.net/…/ReportingAnObjectionableOdor.as….
• Orange County received 34 complaints concerning objectionable odors between May 26 and June 11. Approximately half of these complaints were submitted via the new online reporting form.
• Orange County received 34 complaints concerning objectionable odors between May 26 and June 11. Approximately half of these complaints were submitted via the new online reporting form.
Anuvia Florida LLC:
• FDEP and Orange County’s Environmental Protection Division (EPD) issued a joint Consent Order to Anuvia on May 29. The Order addresses objectionable odors and permit violations observed over the past six months, and requires Anuvia to pursue corrective actions, meet specific timelines and pay penalties. After the document is signed by Anuvia and executed by FDEP and EPD, Anuvia’s corrective actions timeline will begin. FDEP and EPD are currently awaiting comments from Anuvia.
• FDEP and Orange County’s Environmental Protection Division (EPD) issued a joint Consent Order to Anuvia on May 29. The Order addresses objectionable odors and permit violations observed over the past six months, and requires Anuvia to pursue corrective actions, meet specific timelines and pay penalties. After the document is signed by Anuvia and executed by FDEP and EPD, Anuvia’s corrective actions timeline will begin. FDEP and EPD are currently awaiting comments from Anuvia.
Shelley’s Septic Tank, Inc. (dba Shelley’s Environmental Systems):
• FDEP entered into a Consent Order with Shelley’s on May 14, 2020, requiring the payment of fines and investigative costs, adherence to a corrective action timeline, and retention of a professional engineer to conduct an odor study. A report is due to FDEP within 60 days of the effective date of the order. Additional penalties will be imposed if the corrective actions are not implemented.
• Following an enforcement meeting between EPD and representatives from Shelley’s on May 11, 2020, a draft Consent Agreement is being reviewed by the County Attorney’s Office that is expected to specify corrective actions by Shelley’s and GPITA, LLC to address objectionable odor violations.
• Orange County’s Code Enforcement Division issued a series of violation notices to Shelley’s. A March 5, 2020 compliance deadline regarding building permits and site requirements was not met. As a result, a Special
Magistrate hearing is scheduled for July 8, 2020, at the County Administration Building, First Floor, 201 S. Rosalind Ave., Orlando, 32801.
• FDEP entered into a Consent Order with Shelley’s on May 14, 2020, requiring the payment of fines and investigative costs, adherence to a corrective action timeline, and retention of a professional engineer to conduct an odor study. A report is due to FDEP within 60 days of the effective date of the order. Additional penalties will be imposed if the corrective actions are not implemented.
• Following an enforcement meeting between EPD and representatives from Shelley’s on May 11, 2020, a draft Consent Agreement is being reviewed by the County Attorney’s Office that is expected to specify corrective actions by Shelley’s and GPITA, LLC to address objectionable odor violations.
• Orange County’s Code Enforcement Division issued a series of violation notices to Shelley’s. A March 5, 2020 compliance deadline regarding building permits and site requirements was not met. As a result, a Special
Magistrate hearing is scheduled for July 8, 2020, at the County Administration Building, First Floor, 201 S. Rosalind Ave., Orlando, 32801.
GPITA, LLC:
• Following an enforcement meeting between EPD and representatives from GPITA on May 11, 2020, a draft Consent Agreement is being reviewed by the County Attorney’s Office that is expected to specify corrective actions by Shelley’s and GPITA, LLC to address objectionable odor violations.
• Orange County’s Code Enforcement Division issued a Code Violation Notice on February 4, 2020, citing non- permitted uses. The violation notice indicated that applications for special exceptions should be submitted immediately. A Special Magistrate hearing is scheduled for July 8, 2020, at the County Administration Building, First Floor, 201 S. Rosalind Ave., Orlando, 32801.
• Following an enforcement meeting between EPD and representatives from GPITA on May 11, 2020, a draft Consent Agreement is being reviewed by the County Attorney’s Office that is expected to specify corrective actions by Shelley’s and GPITA, LLC to address objectionable odor violations.
• Orange County’s Code Enforcement Division issued a Code Violation Notice on February 4, 2020, citing non- permitted uses. The violation notice indicated that applications for special exceptions should be submitted immediately. A Special Magistrate hearing is scheduled for July 8, 2020, at the County Administration Building, First Floor, 201 S. Rosalind Ave., Orlando, 32801.
Monterey Mushrooms, Inc.:
• FDEP issued a warning letter on May 26 notifying Monterey Mushrooms that they are conducting a formal investigation into the facility’s use of “misters” or “evaporators” to increase the evaporation rate from holding ponds. Such an activity constitutes a violation of Florida Administrative Code.
• FDEP has received objectionable odor complaints possibly associated with this facility. As Monterey Mushrooms operates an agricultural process, the Florida Department of Agriculture & Consumer Services (FDACS) was contacted. An inspection on June 4, 2020, found sanitary deficiencies in food processing areas. No odor-related issues were mentioned in the inspection report.
• EPD issued an Air Quality Non-Compliance letter on April 27, 2020, citing observed objectionable odors. On May 8, 2020, Monterey Mushrooms sent an e-mail to EPD indicating that they have reviewed all their operating procedures to be sure that Mushroom Good Agricultural Practices are being followed. Their General Manager implied that their farm operations cannot be deemed a nuisance in accordance with section 823.14(4), Florida Statutes (Florida Right to Farm Act) which states, “a farm shall not be deemed a nuisance if it has been in operation for 1 year or more and was not a nuisance at the time of its established date of operation and if the farm operation conforms to generally accepted agricultural and management practices.” The e-mail also requested names and locations of complaints and expressed a desire to answer any questions and provide information on processes in the cultivation of mushrooms for human consumption. EPD and the Orange County Attorney’s Office continue to review Monterey Mushrooms’ claim that they cannot be deemed a nuisance under the Right to Farm Act.
• FDEP issued a warning letter on May 26 notifying Monterey Mushrooms that they are conducting a formal investigation into the facility’s use of “misters” or “evaporators” to increase the evaporation rate from holding ponds. Such an activity constitutes a violation of Florida Administrative Code.
• FDEP has received objectionable odor complaints possibly associated with this facility. As Monterey Mushrooms operates an agricultural process, the Florida Department of Agriculture & Consumer Services (FDACS) was contacted. An inspection on June 4, 2020, found sanitary deficiencies in food processing areas. No odor-related issues were mentioned in the inspection report.
• EPD issued an Air Quality Non-Compliance letter on April 27, 2020, citing observed objectionable odors. On May 8, 2020, Monterey Mushrooms sent an e-mail to EPD indicating that they have reviewed all their operating procedures to be sure that Mushroom Good Agricultural Practices are being followed. Their General Manager implied that their farm operations cannot be deemed a nuisance in accordance with section 823.14(4), Florida Statutes (Florida Right to Farm Act) which states, “a farm shall not be deemed a nuisance if it has been in operation for 1 year or more and was not a nuisance at the time of its established date of operation and if the farm operation conforms to generally accepted agricultural and management practices.” The e-mail also requested names and locations of complaints and expressed a desire to answer any questions and provide information on processes in the cultivation of mushrooms for human consumption. EPD and the Orange County Attorney’s Office continue to review Monterey Mushrooms’ claim that they cannot be deemed a nuisance under the Right to Farm Act.
Other Actions:
• An EPD inspector regularly visits the areas where the businesses noted above are located and where complaints have been recorded to evaluate and record current conditions.
• Complaints associated with specific businesses are shared with those businesses by EPD.
• An EPD inspector regularly visits the areas where the businesses noted above are located and where complaints have been recorded to evaluate and record current conditions.
• Complaints associated with specific businesses are shared with those businesses by EPD.
Contact us
Orange County values your input. You can contact us at EPDcomplaints@ocfl.net, call 407-836-3111, or dial 311 from your mobile device to ask questions or provide us with odor information. To submit an online complaint, please use the online form at http://orangecountyfl.net/…/ReportingAnObjectionableOdor.as…. This will help ensure consistency in obtaining and tracking valuable information.
Orange County values your input. You can contact us at EPDcomplaints@ocfl.net, call 407-836-3111, or dial 311 from your mobile device to ask questions or provide us with odor information. To submit an online complaint, please use the online form at http://orangecountyfl.net/…/ReportingAnObjectionableOdor.as…. This will help ensure consistency in obtaining and tracking valuable information.
A Note From the Editor
We are now able to report odors to the FDEP online. We still need to send an e-mail or call Orange County to report to them.
We are now able to report odors to the FDEP online. We still need to send an e-mail or call Orange County to report to them.
Online Odor Reporting for FDEP (State of Florida)
Online Odor Reporting for EPD (Orange County)
You need to report to both locations
Online Odor Reporting for EPD (Orange County)
You need to report to both locations
Sample Odor Reports
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| On Facebook |
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| This is a screenshot of a report submitted through Orange County |
Call and write e-mails when you smell the odors. Don't give up, that is what the offending businesses want us to do. The e-mail list is located at the bottom of the page and the link for online reporting is above.
Helpful Links
You can leave a Google Review for Anuvia, Monterey Mushrooms,
and Shelley's Septic Tanks by clicking on the links
and Shelley's Septic Tanks by clicking on the links
Join us on Facebook- link below
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| Facebook and YouTube |
We vote and we talk to voters
Online Voter Registration Information
FDEP Odor Reporting Form Link
FDEP Odor Reporting Form Link
E-mail List
Address your e-mails to these people
david.smicherko@FloridaDEP.gov
EPDcomplaints@ocfl.net
ashley.gardner@dep.state.fl.us
mayor@ocfl.net
robert.spivey@ocfl.net
Copy your e-mails to these people
phil.kane@dep.state.fl.us
chris.testerman@ocfl.net
district2@ocfl.net
daniel.vanegas@ocfl.net
jon.weiss@ocfl.net
maurice.barker@dep.state.fl.us
david.jones2@ocfl.net
bradley.campbell@OCFL.NET
jennifer.moreau@ocfl.net
joel.prinsell@ocfl.net
erin.hartigan@ocfl.net
kelley.rose@ocfl.net
shally.wong@ocfl.net
maria.repass@ocfl.net
wanda.parker@ocfl.net
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