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Public Education
RESOURCE RECOVERY FACILITIES Introduction Facilities that produce energy by burning household garbage and other materials are called resource recovery facilities, incinerators, or waste-to-energy facilities. Because these facilities may produce contaminants that are harmful to our environmental health, federal, state and local laws have been created to regulation their construction and operation. These laws provide opportunities for the public to comment upon or challenge the issuance of permits for resource recovery facilities. Regulatory Agencies and Review Procedures Resource recovery facilities cannot be built unless they obtain appropriate permits and approvals from a variety of regulatory agencies, including the Florida Department of Environmental Protection (DEP) and the U.S. Environmental Protection Agency (EPA). In most cases, the Florida Electrical Power Plant Siting Act (PPSA) regulates the construction and operation of resource recovery facilities. The PPSA establishes a DEP coordinated review process which brings local environmental agencies, regional planning councils, water management districts, and the Florida Game and Fresh Water Fish Commission together to review the proposed facility in one proceeding. To obtain approval under the PPSA, the applicant must show that the proposed facility will meet the environmental requirements for all of these agencies. In addition, the applicant must show that it meets all of the requirements established by federal environmental agencies, including EPA's air quality standards, the U.S. Army Corps of Engineers' wetlands regulations, and the U.S. Fish and Wildlife Services' wildlife regulations. Opportunities for Public Participation Several opportunities exist for citizens to participate in the permitting of a resource recovery facility. First, these projects are carefully reviewed by the local government in the area where the facility will be built. In addition, the applicant must obtain the appropriate land use approvals. The facility must be consistent with the local comprehensive plan, local zoning ordinances, and other local regulations. The local government normally conducts one or more public hearings to evaluate these land use issues, at which citizens may express their opinions about the proposed project. The PPSA also provides opportunities for public participation with DEP. The applicant must publish notice in a local newspaper when the application is filed under the PPSA. The public may review the application at that time and submit comments to DEP. Under PPSA, the applicant also must publish notice to announce that a land use hearing will be conducted, where the applicant must demonstrate that the facility is consistent with the local land use regulations. A third notice must be published to announce the certification hearing, where the applicant will attempt to show that the facility meets all of the applicable environmental regulations. The public may submit verbal and written comments at both of these hearings. Individuals also may take steps to formally participate as a party to these proceedings. However, if a person wants to be a party in the PPSA process, they should seek legal assistance promptly to ensure that their rights are protected and they preserve their ability to formally participate. Agency Contacts It should be noted that some resource recovery facilities do not use the PPSA process. Typically, such facilities obtain a solid waste management permit and an air pollution permit from DEP.
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