More Letters to the Special Magistrate

This post contains letters from interested citizens regarding the Orange County Code Enforcement Hearing for Shelley's Septic Tanks on July 8, 2020, at 9 am. The meeting is being held virtually due to Covid-19. 

Dear Magistrate,

I'm going to share my opinion regarding Shelley's Septic Tanks and the associated businesses. The stench of human waste wafts over my yard from time to time, particularly on Sunday evenings and holidays.

I have concerns regarding Shelley's Septic Tanks poor business practices. My concerns revolve around four general areas.

1. The impact of known fecal odors on property values due to external obsolescence 
2. a. External obsolescence is a factor that reduces the value of a property due to something external to the property itself and cannot be cured by the homeowner. 
3. The impact of the upon the environment
   a. According to the Consent Order dated October 14, 2020, known problems include sediment tracking, poor housekeeping practices, and wastewater runoff. We drove down Jones Avenue on June 28th and the area by Shelley's looked different.  It took me a moment for it to register that there was no sediment on the road. Granted, I don't drive down Jones Avenue often, but it was the first time I noticed that the road was clean. Obviously, I can't go inside and inspect, but if they can't keep the part we can see clean, what about the parts we can't see?
   b. I am also concerned about runoff. I live in Tangerine and question the accelerated plant growth I've noted in the lake this year and wonder if any uncontained runoff is getting into the lake. Their runoff is going somewhere before it ends up in the aquifer. 
   c. There is a 111-page bill, The Clean Waterways Act, that is expected to be signed by the governor soon that will enhance regulations for septic tanks and wastewater treatment systems among other concerns in an effort to improve the state's water quality. Shelley's isn't even meeting the requirements now, how can they be expected to meet enhanced regulations?
4. Shelley's long history of violations is a concern. "In the past three years, Shelley’s Environmental is the only company of the 11 that serve the Central Florida region that has had violations egregious enough that the DEP had to step in and take action through “formal enforcement,”..."  Source: October 26, 2010, article in the News Journal Online. https://tangerinestinks.blogspot.com/2020/07/shelleys-septic-tanks-and-gipta.html. Shelley's long history of disregard for the environment and the health of people who could be impacted by their unsafe practices that persist to this day is quite concerning. How can a company with their record be permitted to continue its operations for such an extended period of time? Who is running the show here?

I request that this communication be entered into the public record for the July 8th hearing regarding Shelley's Septic Tanks and the associated businesses.

Best regards,

REDACTED

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July 6,2020

RE: Special Magistrate Hearing: July 8, regarding

Shelley’s Environmental Services and GPITA, LLC

Honorable Special Magistrate:

I have lived in the Tangerine area of North West Orange County for the past 25 years.  It has been a wonderful place to raise my two sons and enjoy outdoor living that is hard to find these days.  When we first moved to unincorporated Orange County, occasionally there would be unpleasant organic type odors that we would smell a few times a quarter coming from the mushroom farm.  These odors were the type of odors that I later observed in my own yard when I obtained chickens.  Unpleasant but not noxious. 

Fast forward to approximately 2 1/2 to 3 years ago.  I was walking in my backyard, which overlooks Lake Ola to the south and noticed a horrible smell of human waste. I have a septic tank and immediately thought that perhaps it had "failed’’.  As I walked around the house the smell became stronger as I approached the lake which made no sense as the septic is on the side of my house.  Never the less, we had our system checked and it was working properly.   

The smell of human waste is very distinct and is noxious, to say the least.  Over the course of the years since that first encounter, the smell has become more frequent.  It seems that the chance of smelling it and being driven inside my house because of it increases on the weekends and on holidays. 

I have since learned that the Shelly operation expanded their “footprint”, without permit or notice to the surrounding community around the time that I first noticed the human waste smell.  

On February 20^th of this year, I had taken a friend from NJ on the Apopka Wildlife Drive. As we exited onto Jones Avenue and approached Shelley’s, there was a "mudlike” substance all over the road and the smell was nauseating. We were gagging. The smell continued down US HWY 441 well past Willow Street almost to Sadler.

The smell travels at will depending on the wind direction, humidity level, and barometric pressure.  

Personally, I do not know how residents along Willow Street can continue to live there or the Orange County Workers at the Community Center can work there. I guess they have no choice?

I understand that septic and sewage treatment is a vital part of a community. I am not asking that Shelley’s be put out of business. However, I am asking that he be made to abide by the local, state, and federal laws, statutes, and ordinances that are put in place to keep residents safe, healthy, and able to use and enjoy their property. Appropriate actions have been outlined in the consent order.

The smell has been so bad at times, for days on end, that some residents are considering moving, however, with the disclosure of the smells, there is concern over diminished property values.

There are many other issues to consider, the environmental impacts as Shelly’s Environmental are within the Wekiva Study Area, the concern for polluted runoff into the waterway that is behind his establishment, the diseases carried from the flies leaving his property, the list is endless.  

I am asking not just for myself, but for many people who don’t feel that their voice matters, respectfully, that you would do what is required by the law to see that these violations are corrected and the odors, effluent etc.from Shelly’s is contained as it is prescribed.

I  also request that this communication be admitted into the public record for the July 8^th hearing regarding Shelley’s Environmental Services ( Septic) and the associated businesses.

Sincerely,

REDACTED

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Your Honor:

I would like to voice my concerns regarding Shelley's Septic and the violations that are being addressed at the hearing.

I had company visiting a while back and when we walked out the front door the stench of raw human feces hit us like a brick.  My friends commented, "how can you be forced to live like this?"  She is a nurse and advised me that if we can smell it that strongly three miles away, there has to be contaminated particles in the air we are breathing.

You have to understand I do not wish to put anyone out of business, especially with the state the country is in right now, however, I cannot stress strongly enough that if a business wishes to continue to operate, they must follow the law.  Shelley's continues to expand without permits and will continue to do so if they are not stopped.  Shelley's has shown a total disregard for the law and has violated the laws for many years.  This simply cannot continue.

My concerns regarding the violations are listed below.

With all the rain we have experienced, where is the runoff going?  Are the local wells being contaminated?  Is Lake Ola being contaminated?

Recently, we were affected by the dust from the Sahara that traveled thousands of miles and caused respiratory and allergy issues to many people.  If dust from thousands of miles away can cause short term respiratory issues, can the contaminated air from Shelley's that we have been breathing for months cause long term respiratory problems?  There is a head start daycare very close to Shelley's, along with an elementary school that has odor problems from Shelley's.  How dangerous is it for these children to be breathing the contaminated air?  There is also a new high school that will be built that will also have odor problems.

I hope that you will consider all of the current problems, the long term history of total disregard for laws, and potential for future violations by Shelley's when you make your decision that will affect many people.  It is very clear that Shelley's values money more than the health of the local residents.

Respectfully submitted,

REDACTED

PLEASE MAKE THIS A PART OF THE RECORD FOR THE PUBLIC HEARING

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Honorable Magistrate,

As a thirty-eight year resident of Tangerine, I'm requesting to have my comments below entered into the public record.

Within the last couple of years, I became aware of the problem of fecal odors coming from Shelley's on Jones Avenue. The odor travels at least three miles to reach my yard. If I'm able to smell it here, it must be horrible for the residents who live much closer.

My understanding is that Shelley's has a myriad of violations ranging from trucks tracking contaminated mud out of the facility to uncontained water runoff from the property. The environmental consequences of their actions aren't beneficial for our wildlife nor for the residents of the area.

No one wants to close Shelley's down. We do, however, expect them to fully comply with the rules and regulations that govern their industry. Due to their long history of environmental violations, I suggest regular inspections of Shelley's facilities by the county and the FDEP to protect the aquifer and the environment. 

Best regards,

Redacted

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Honorable Magistrate,

I am very concerned about the stench on some days. I bought my home here knowing about the smell of the mushroom plant. But now we have other smells that are far worse. Our home values are going down because of this. I tried to sell a house on the lake just recently and the smell was terrible that day on Sadler. When the prospective buyer asked, I had to tell them the truth about the smell. He said he would never consider living here or in this area ever. 

I am obligated as every homeowner is to disclose all known facts that materially affect the value of the property being sold and that are not readily observable or known by the buyer. This is the law that everyone has to comply with. Not disclosing this smell could cause a lawsuit by the buyer (who did not know this fact) against the seller! This issue needs to be resolved or we should all ask that our property taxes be lowered as we can not enjoy the area or sell our homes without this disclosure causing our home prices to drop or not sell. Please help us as we are only asking that we can enjoy our homes without a horrible smell after a long day at work or cleaning or being quarantined at home.

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Dear Special Magistrate

I am writing to formally request your help in dealing with ongoing odor issues that are plaguing my community.

I understand that septic and sewage treatment is a vital part of a community.

I am not asking that the business be forced to abide by the local, state, and federal laws, statutes, and ordinances that are put in place to keep residents safe, healthy, and able to use and enjoy their property.  Appropriate actions have been outlined in the consent order.

The smell has been so bad at times, for days on end, that some residents are considering moving, however, with the disclosure of the smells, there is concern over diminished property values.  I must tell you that if my husband and I had known of these issues when we purchased this property. we never would have chosen to live in this area.  Unfortunately, there was no disclosure of such when we bought our home.

There are many other issues to consider as well, including the environmental impacts as Shelly’s Environmental is within the Wekiva Study Area. There is a concern for polluted runoff into the waterway that is behind this establishment, the diseases carried from the flies leaving the property, and the effects these matters are having on the health and well-being of those in surrounding communities. 

I am asking not just for myself, but for many people who don’t feel that their voice matters, respectfully, that you would do what is required by the law to see that these violations are corrected and the odors, effluent, etc. from Shelly’s is contained as it is prescribed.

The effects of Shelly’s Septic non-compliance to rules and regulations have had a severe negative impact on my health and well-being.  Previous requests for the business to cease and desist with practices that are unhealthy and unsanitary have not provided any relief. 

Visitors to my home have complained about the fumes and the problem has prevented me from being able to enjoy my home and property.  There are times we can even smell the fumes when indoors, so that should give you an idea of how invasive they are.

I can only imagine how the long-term effects of these issues will be affecting the health of both my neighbors and me unless this matter is successfully resolved. I often wonder if it is going to take actual deaths of nearby residents due to the non-compliance of Shelly’s Septic before necessary corrections are consistently enforced.

I respectfully request that this communication be admitted into the public record for the July 8^th hearing regarding Shelley’s Environmental Services (Septic) and associated businesses.

I appreciate your attention to this issue.

Best regards,

Name redacted

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