October 2, 2020 ZELLWOOD, MT. DORA AND TANGERINE ODORS UPDATE



Via Maria Repass of Orange County's Environmental Protection Department

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

• Residents continue to use Orange County’s online reporting form to submit odor complaints. Between August 24 and October 1, 2020, the County received 40 complaints concerning objectionable odors.

Anuvia Florida LLC:

  • Anuvia, FDEP, and the Orange County Environmental Protection Division (EPD) executed (signed) a Consent Order (CO) on July 21, 2020. The Order addresses objectionable odors and permit violations observed over the past eight months, and requires Anuvia to pursue corrective actions, meet specific timelines, and pay $7,000 in penalties and $1,500 in costs and expenses. Corrective actions require improvements to the pollution control system including biofilter performance and stack modifications. On September 17, 2020, Anuvia submitted an operation and maintenance (O&M) plan as a required corrective action within the CO. The O&M plan has been reviewed and approved by the EPD staff.

  • Anuvia’s operations have been shut down for maintenance and to conduct corrective actions since the beginning of June 2020. The CO requires Anuvia to provide FDEP and EPD written notice at least 30 days prior to resuming operations at the facility.

    Shelley’s Septic Tank, Inc. (dba Shelley’s Environmental Systems):

  • On September 15, 2020, Shelley’s submitted a permit renewal application to FDEP to continue to operate their Biosolids Treatment Facility (BTF). As part of the permit renewal process, the public and other stakeholders will have the opportunity to provide input by petitioning for an administrative hearing within 14 days of receipt of the public notice of intent to issue.

  • EPD and Shelley’s executed (signed) a Consent Agreement (CA) on August 12, 2020, to address air quality violations. The CA required Shelley’s to conduct an odor evaluation by September 12, 2020, and to provide an engineering report of odor evaluation findings, recommended engineering controls, and an implementation plan by September 27, 2020. On August 26, 2020, Shelley’s submitted comments to EPD’s evaluation of two odor study reports. On September 30, 2020, Shelley’s submitted an email to address some of the required corrective actions. EPD is initiating steps to address the outstanding corrective actions.

  • An Orange County Special Magistrate presided over a virtual public hearing on July 8, 2020, to consider three Code Enforcement cases against Shelley’s Septic Tank, Inc. County staff presented evidence of noncompliance with zoning authorizations, building permits, and site requirements, and residents made public comments via video and teleconference. Shelley was found in violation of all three cases and ordered to take remedial actions within time periods varying from 30 to 90 days. A non-compliant structure has since been removed from one parcel. The orders issued by the Special Magistrate are being appealed in circuit court. The Special Magistrate proceedings did not consider odor violations as the County is pursuing those through separate enforcement channels.

  • FDEP executed a Consent Order (CO) with Shelley’s on May 14, 2020. The CO includes ten violations under the National Pollutant Discharge Elimination System (NPDES) program and one violation of nuisance odor under the Domestic Wastewater program. The CO requires the payment of fines and investigative costs, adherence to a corrective action timeline, and retention of a professional engineer to conduct an odor study. Shelley’s has submitted an updated Stormwater Pollution Prevention Plan (SWPPP), periodic odor log reports, and has made updates by placing additional odor-resisting misters at the facility.

    GPITA, LLC:

  • EPD executed (signed) a Consent Agreement (CA) with GPITA on August 12, 2020, to address air quality violations. The CA requires GPITA to conduct an odor evaluation by September 12, 2020, and to provide an engineering report of odor evaluation findings, recommended engineering controls, and an implementation plan by September 27, 2020. On August 26, 2020, GPITA submitted comments to EPD’s evaluation of two odor study reports. On September 30, 2020, GPITA submitted an email to address some of the required corrective actions. EPD is initiating steps to address the outstanding corrective actions.

  • An Orange County Special Magistrate presided over a virtual public hearing on July 8, 2020, to consider a Code Enforcement case against GPITA. County staff presented evidence of noncompliance with zoning requirements, and residents made public comments via video and teleconference. GPITA was found in violation and ordered to take remedial actions on or before November 5, 2020. The order is being appealed to the circuit court. The Special Magistrate proceedings did not consider odor violations as the County is pursuing those through separate enforcement channels.

    Monterey Mushrooms, Inc.:

  • 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). EPD and the Orange County Attorney’s Office continue to review Monterey Mushrooms’ claim of exemption.

  • FDEP issued a Warning Letter to Monterey Mushrooms on May 26, 2020, for the use of “misters” or “evaporators” to increase the evaporation rate from their holding ponds, which is not permissible under their current permit or state rules/statutes. FDEP is in the process of finalizing a Consent Order regarding the wastewater permit violation.

Other actions and information:

  • Since August 25, an EPD inspector making routine visits to the area noticed odors traveling offsite from Shelley’s Septic on two occasions, and from Monterey Mushrooms on five occasions. The inspector contacted the companies about her observations.

  • Orange County EPD responded to an odor complaint near the Lake/Orange County border. The precise source of the odor was not identified and is under investigation. If the source is determined to be in Lake County, it would fall under FDEP’s regulatory jurisdiction.

  • A reminder that the burning of yard waste and tree cutting debris is not permitted on residential property, except as provided in Orange County Code of Ordinances Chapter 15, Article III – Division 3.- Open Burning. Learn more about open burning at http://orangecountyfl.net/Portals/0/Library/Environment/docs/ Open%20Burning%20Frequently%20Asked%20Questions-CERT.pdf

  • Complaints associated with specific businesses are shared with those businesses by EPD. If requested by the business, EPD must provide contact information that may identify the complainant. This information is considered a public record and accessible to the public under Florida’s “Government in the Sunshine” Laws as noted on the online odor reporting form webpage.

    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/Environment/ReportingAnObjectionableOdor.aspx. This will help ensure consistency in obtaining and tracking valuable information.

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