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STATEMENT OF BASIS FOR STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SOLID WASTE MANAGEMENT FACILITY PERMIT

PERMIT NUMBER: 30414-004-SO/22 WACS ID NUMBER: 43393 FACILITY NAME: Coniglio C&D Debris Disposal and Recycling Facility FACILITY LOCATION: 11981 Williams Road, Thonotosassa, Florida 33592 NAME OF PERMITTEE: 11981, LLC PERMIT WRITER: Steven G. Morgan

1. SUMMARY OF APPLICATION

Permit Modified/Replaced: Replaces Permit No.: 30414-003-SO/22

Chronology of Application:

TIH= 858; TTP=80 (to 5/9/18) TTP Pre-application meeting 11/5/15 Permit application & fee rec’d 12/16/15 RAI #1 sent 1/14/16 29 RAI #1 meeting 2/12/16 RAI #1 draft response rec’d from applicant 2/19/16 Request for extension of time to 8/26/16 to submit RAI #1 response 4/11/16 Department comments on draft RAI #1 response sent 4/27/16 Multiple mails and calls regarding RAI #1 response 5/19/16 – 8/19/16 RAI #1 response rec’d from applicant 8/29/16 RAI #2 sent 9/23/16 25 RAI #2 meeting 10/6/16 Extension of time to 1/13/17 to respond to RAI #2 rec’d 10/20/16 Multiple e-mail and calls regarding RAI #2 response 10/7/16 – 1/10/17 Request for extension of time to 4/13/17 to submit RAI #2 response 1/10/17 Multiple e-mail and calls regarding RAI #2 response 1/11/17 – 8/1/17 RAI #2 meeting #2 3/10/17 Request for extension of time to 7/13/17 to submit RAI #2 response 3/27/17 RAI #2 meeting #3 6/8/17 Request for extension of time to 8/14/17 to submit RAI #2 response 7/10/17 Meeting to discuss RAI #2 response submittal 7/14/17 Draft RAI #2 response rec’d 8/1/17 Department comments on draft RAI #2 response sent 8/4/17 Request for extension of time to 8/21/17 to submit RAI #2 response 8/11/17 Draft RAI #2 response rec’d 8/23/17 Meetings to discuss permit issues 10/4/17 & 10/11/17 Supplemental information rec’d form applicant re: applicant change 3/12/18 Proof of adequate financial assurance rec’d 3/21/18 Application complete 3/21/18 Draft permit sent to applicant 3/25/18 4 Comments on draft permits rec’d from applicant 4/6/18 12 Intent to Issue routed for signature 4/13/18 7 Intent to Issue sent to applicant 4/16/18 3 Proof of Publication of NAA rec’d 4/25/18 Final permit routed for signature 5/9/18

Permit Type: Construction & Demolition Debris Disposal Facility Permit Renewal with Construction - SO/22

Permit Summary: Renewal of a permit to construct, operate, and close an existing C&D debris disposal facility. The renewal includes significant modifications to the permitted facility quality monitoring plan. Pursuant to the provision of Rule 62-4.070, F.A.C., the permit is issued for a 36-month duration with permit specific conditions that allow for extension of the permit expiration date up to five years from the issuance date of the permit, provided outstanding technical and compliance assurance issues are addressed to provide additional reasonable assurance to support a five-year permit duration. The primary design features of the facility are described in the “General Information” table provided in Appendix 4 of the permit. Intent to Issue sent to applicant 4/16/18. Proof of publication of Notice of Proposed agency Action rec’d 4/25/18. No third-party petitions rec’d as of 5/9/18.

Summary of Notable Modifications in Construction/Operation From Previous Permit Action: Construction: • The permit identifies the modified water quality monitoring plan wells, piezometers, and staff gauges installed as part of the permit application process. • The configuration of the proposed Yard & Wood Waste and Clean Debris Storage and Processing Facility was modified. • The on-site closed Class III landfill was determined to be stabilized and the landfill gas monitoring wells associated with the closed Class III landfill were abandoned.

Operation: • No notable operational changes were proposed.

2. NOTABLE BASIS FOR PERMIT ISSUANCE AND LIMITATIONS • The applicant has been changed from “George L. Coniglio as Personal Representative of the Estate of George Nuccio Coniglio” to “11981, LLC” to address the Department concerns regarding issuance of a permit to an estate. • As part of the “Hydrogeological Investigation Report and Water Quality Monitoring Plan” submitted with the permit application, the applicant proposed an evaluation of ground water and surface water levels and groundwater quality along a portion of the south property boundary and an evaluation of the adequacy of monitoring well MW-15R2 during the 12-month period following issuance of the permit. The applicant also proposed to conduct an evaluation of groundwater flow, rate, and fluctuation that was previously to be conducted during the Permit #33414-003-SO/22 permit period. Based on continued uncertainty with these aspects of the facility water quality monitoring plan [WQMP], the Department’s reasonable assurance to issue this permit is limited to a 36-month duration, during which time the permittee can complete these evaluations and make any necessary modifications to the water quality monitoring plan to resolve these uncertainties. Successful completion of these activities, will provide the Department additional reasonable assurance to extend the permit expiration to five years from the issuance date of this permit. • The current permittee did not operate the facility to accept waste during the duration of Permit #30414- 003-SO/22 due failure to complete the corrective action required by Consent Final Judgment #05-CA- 5286 [CFJ]. The CFJ corrective action activities have been completed. Although affiliated with current permittee, the new applicant has no non-compliance history with the Department. Therefore, the Department has reasonable assurance to issue a permit to the applicant. The permittee is required by permit condition to document and demonstrate their compliance history with Department rules and the permit during the initial 36-month permit period to provide the Department reasonable assurance to extend the permit expiration date to five years from issuance of the permit as described above. • The applicant submitted a permit renewal application fee of $2500 to cover a five-year permit duration. Therefore, an extension of the permit expiration date is addressed by permit condition and no additional permit application or permit fee will be required. However, if the results of the evaluations require a modification of the facility WQMP, a permit modification application and associated permit fee would be required.

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3. DEP CONTACT

Additional information concerning the permit and proposed schedule for permit issuance may be obtained during normal business hours from:

Steven G. Morgan, Air & Solid Waste Permitting Manager Permitting and Waste Cleanup Section - Southwest District Office 13051 North Telecom Parkway Temple Terrace, FL 33637-0926 Telephone No.: (813) 470-5754 E-Mail: [email protected]

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