Shelley's Septic Tank PPT for July 8, 2020 Code Enforcement Hearing. This is part of the public record for this hearing.

1. 2018 Lowndes, Drosdick, Doster, Kantor & Reed, P.A.. All rights reserved.
Orange County
Special Magistrate Hearing
James D. Shelley and Barbara E. Shelley
Shelley’s Septic Tank, Inc.
SM2020-403072Z
SM2020-403077Z
SM2020-404730Z
By: Jonathan Huels
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

2. Property Overview
2
Parcel
135
Parcel
121
Parcel
240

3. Property Overview
3

4. Zoning Map
4

5. Shelley’s Septic Operational History
5
1984 – Shelley’s Septic is formed by the Shelleys and commences operation as a state registered septic contractor
1990 – Shelley’s purchase 6505 Jones Avenue (Parcel 121) and relocate Shelley’s Septic to that property
• Parcel 121 is zoned Industrial Heavy (I-4)
1993 – Shelley’s Septic expanded operations at Parcel 121 to include a Residual Management Facility (“RMF”)
• OC Bld Permit # B93900325 issued to construct and operate RMF
• I-4 zoning allowed RMF as a permitted use
1998 – Shelley’s Septic purchases 6495 JonesAvenue (Parcel 240)
• Parcel 140 is zoned I-4
• Adjacent to Parcel 121
2001 – Orange County issues DomesticWastewater Facility Permit (DO-03) to allow RMF to expand on to Parcel 240
2003 – Shelley’s Septic purchases 6555 JonesAvenue (Parcel 135)
• Parcel 135 is zoned I-4
• Adjacent to Parcel 121 and Parcel 240
2006 – Orange County issues DomesticWastewater Facility Permit (DO06-03) to allow RMF to expand on to Parcel 135
2010 – Orange County issues a Minor Source Air Operating Permit (0951325-002-AO) to Shelley’s Septic in conjunction with RMF
• Regulates Parcel 121, Parcel 240 and Parcel 135
• Permit states that Shelley’s Septic is a “permitted residual management facility (RMF)(Standard Industrial Classification 4953,
Other Nonhazardous WasteTreatment and Disposal).”
2010 – Orange County ceases permitting activities relating to RMF but continues to regulate and inspect operations at parcels 121, 240 and
135
2003-2014 – Shelley’s Septic hauls and treats at RMF biosolid wastes generated from two of Orange County’s sewage treatment
plants

6. Shelley’s Septic Current Operations
• Shelley’s Septic provides RMF services to 33 dewatered biosolids accounts, 44 liquid
biosolids accounts and 92 grease trap waste accounts
• 38 accounts with local municipalities
• Shelley’s Septic has 68 third-party haulers that utilize the RMF to dispose of their
domestic wastes
• 12 accounts service local municipalities
• 74 full time employees
• End product of RMF is a registered commercial fertilizer
6

7. Code Enforcement Procedural History
• February 4, 2020 – Shelley’s Septic receives a notice of violation for Parcels 121, 135 and
240
• June 17, 2020 – Shelley’s Septic submits building drawings to County’s Building
Department in order to obtain after-the-fact building permits for all parcels
• June 19, 2020 – Shelley’s Septic receives Statement ofViolation and Notice of Hearing
for this hearing
• June 25, 2020 – Shelley’s Septic files that certain lawsuit in Orange County Circuit Court
styled Shelley’s SepticTank, Inc., et al. v. Orange County, Florida, Case No. 2020-CA-
006563-O, seeking declaratory relief declaring that the County is equitably estopped
from requiring Shelley’s Septic to obtain a special exception in order to continue
operating the RMF on Parcels 135 and 240
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8. Requested Actions
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outcome of bcc discussion on status of capacity
Parcel Alleged Violation Recommended Corrective
Action
Requested
Timeframe for
Compliance
Parcel 121 Sec. 38-3(a): Failure to obtain bldg permits Obtain bldg permits 6-9 months
Sec. 38-3(c): Failure to meets site and bldg
requirements
Meet all site and bldg
requirements
Parcel 135 Sec. 38-3(a): Failure to obtain bldg permits Obtain bldg permits*
Stay Code
Enforcement
proceedings
until
resolution of
pending
lawsuit
*Recommended
corrective actions
require use issue
to first be resolved
Sec. 38-3(c): Failure to meets site and bldg
requirements
Meet all site and bldg
requirements*
Sec. 38-3, 38-74, 38-77: Operating RMF w/o special
exception approval
Apply for special
exception
Parcel 240 Sec. 38-3(a): Failure to obtain bldg permits Obtain bldg permits*
Sec. 38-3(c): Failure to meets site and bldg
requirements
Meet all site and bldg
requirements*
Sec. 38-3, 38-74, 38-77: Operating RMF w/o special
exception approval
Apply for special
exception

9. Other Enforcement Proceedings
Odors
• Both Orange County EPD and state FDEP have regulatory authority to address any
alleged odor issues involving RMF and other off-site generators inTangerine area
• Consent Order entered into with FDEP on May 14, 2020
• Requires completion of Odor Study and implementation of recommended corrective
actions (In Process)
• County EPD has commenced an investigation, which remains pending
• Regulated by Chapter 15 of County Code
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10. Questions?