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Public Education
MUNICIPAL SOLID WASTE LANDFILLS Introduction Municipal solid waste landfills are used to dispose of household garbage and other types of municipal solid waste. Because leachate (sort of a landfill soup) from these landfills may be harmful to citizens' health and their environment, federal, state and local laws govern the siting, construction and operation of municipal solid waste landfills. Further, these laws allow citizens to comment on or challenge the siting and construction of municipal solid waste landfills. Regulatory Agencies and their Review Processes The Florida Department of Environmental Protection (DEP) has primary responsibility for regulating landfills and solid waste disposal activities. Landfills cannot be built, operated, or expanded without approval from DEP. In addition, Florida's water management districts review applications and prepare advisory reports to DEP about the landfill's potential impacts on water resources. Counties and municipalities also regulate landfills by adopting solid waste regulations that are stricter or more extensive than the state program. The U.S. Environmental Protection Agency (EPA) issues regulations that apply to the construction and operation of landfills, which DEP enforces. Finally, if the proposed landfill will affect wetlands or wildlife, EPA, the U.S. Army Corps of Engineers, and other agencies may be involved in the review process. To build a landfill, an applicant must apply to DEP for a construction permit. The application must describe: the site's soils, geology, and potential for sinkholes; the location of nearby homes and drinking water wells; the location of nearby airports; the design of the landfill liner and leachate collection system; the groundwater monitoring plan; the landfill operation plan; the stormwater management plan; and the landfill closure plan. Further, the applicant must show that the proposed landfill will not have unacceptable impacts on ground water, stormwater, wetlands, wildlife, or other environmental resources. Finally, the applicant must provide reasonable assurances that the proposed landfill will meet all applicable environmental regulations. Opportunities for Public Participation Several opportunities exist for public participation in the review of a proposed landfill. The first opportunity comes at the county level. Typically, a county commission must approve a landfill for the county. If the county's comprehensive land use plan does not allow the construction of the landfill on a particular site, then the county commission must amend the plan. The site may need to be rezoned. Both amendment of the comprehensive plan and site rezoning require public hearings. The applicant must publish notice in the local newspaper to announce these hearings. The hearings provide an excellent opportunity for citizens to express their concerns about a proposed landfill. The applicant also must publish notice in a newspaper when it applies to DEP for a construction permit. This notice informs the public of its right to review the application and submit comments to DEP. The applicant must publish notice again when DEP makes its preliminary decision to approve or deny the application. The notice will state that any "substantially affected" person may file a petition for a formal administrative hearing if he or she opposes the permit issuance. To request a hearing, a substantially affected person must file (deliver) a petition with DEP within 14 days after the publication of notice. The petition must explain why the person opposes the landfill and how the person will be affected by the landfill. If a petition is filed, DEP transfers the petition to the Division of Administrative Hearings (DOAH). DOAH then assigns an independent hearing officer to conduct a formal administrative hearing and evaluate the facts about the proposed project. The hearing officer serves as an administrative judge and conducts a hearing that is very similar to civil trial. Members of the public may represent themselves in these proceedings, but it is strongly recommended that an attorney be consulted for assistance with these formal proceedings. After the hearing is completed, the hearing officer submits a report and recommendation to DEP. DEP then makes the final decision to issue or deny the permit for the landfill. Agency Contacts To receive more information on municipal solid waste landfill rules, call: You also may call the local DEP District Office and speak to the staff members working in the Division of Waste Management.
This brochure was produced by the Committee on Access to Justice. For other brochures, click here.
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