Interoffice Memorandum
DATE: December 17, 2025
TO: Mayor Jerry L. Demings and County Commissioners
THROUGH: N/A
FROM: Tanya Wilson, AICP, Director, Planning, Environmental, and Development Services Department
CONTACT: Renée H. Parker, LEP, Manager, Environmental Protection Officer
PHONE: (407) 836-1420
DIVISION: Environmental Protection Division
ACTION REQUESTED:
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Approval of Solid Waste Management Facility Permit Renewal Application (SW-24-06-001) for the Bishop & Buttrey Yard Trash Processing Facility, subject to previously approved waivers and conditions of approval. District 5. (Environmental Protection Division)
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PROJECT: Solid Waste Management Facility Permit Renewal Application (SW-24-06-001) for the Bishop & Buttrey Yard Trash Processing Facility at 18993 Old Cheney Highway, Orlando, Florida, Parcel ID No. 23-22-32-0000-00-004; District 5
PURPOSE: The applicant, Bishop and Buttrey, Incorporated, requests approval of permit application SW-24-06-001 for renewal of Solid Waste Management Facility permit SW-19-03-001. The existing permit is for a Yard Trash Processing Facility known as the Bishop and Buttrey Yard Trash Processing Facility. The subject property is approximately 326 acres located on the north side of East Colonial Drive, approximately ¾ mile east of North County Road 13, at 18993 Old Cheney Highway, Orlando, Florida. The Parcel ID number for the site is 23-22-32-0000-00-004. The subject property is in District 5.
The site has a valid Conservation Area Determination (CAD-21-03-052) and Conservation Area Permit (CAI-24-02-006). There are no impacts to wetlands, surface waters or required upland buffers proposed as part of this request.
The existing facility receives and processes incoming loads of yard trash. The incoming yard trash has varying proportions of vegetative matter and rocks and soils. As part of the processing, the vegetative matter and soils are separated from each other to the extent practicable. The vegetative matter is further processed, including grinding or chipping, into landscaping products such as mulch for beneficial reuse. The soils may similarly be reused as part of landscaping products such as topsoil. The facility is co-located at an existing excavation borrow pit regulated under Chapter 16 by the Public Works Department (Fill permit 07-E5-0717). The operator has described intent to continue to use screened soils to reclaim the existing excavation pit, however that activity is subject to separate review and approval under that permit.
"Yard trash" is defined in County Code Sec. 32-213 as vegetative matter resulting from landscaping maintenance or land clearing operations, and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps, and associated rocks and soils. For yard trash processing facilities this term also includes clean wood, including unpainted and untreated lumber. A "yard trash processing facility" is defined as a yard trash transfer station or a facility at which yard trash is processed into a size-reduced, usable material or is composted, but does not include a facility used for the disposal of yard trash.
On September 24, 2019, the Board approved the initial solid waste permit for this facility with an expiration date of September 23, 2024.
On June 6, 2024, EPD received permit renewal application SW-24-06-001. In accordance with Orange County Code, Chapter 32, Article V, Section 32-214(g), the facility has operated under an extension during the renewal application review period. The review of submittals, which included minor updates to their operations plan, is now complete. The complete application submittals are on file at EPD and available online through the FastTrack system.
There are currently no outstanding Notices of Violation for the facility. Over the past permit period the facility operators have worked with EPD staff to resolve any issues that have arisen. These have been relatively minor including improved exit track-out maintenance and silt fence installation.
This renewal permit includes four previously approved waivers listed as Conditions # 20-23. No changes are proposed to the previously approved waivers.
Recommended Action:
EPD staff has determined that the renewal application satisfactorily addresses current Chapter 32, Article V code requirements in conjunction with the proposed permit conditions and waivers. Conditions have been updated to reflect the latest submittals and are shown in strike-through (delete) and underline (insertion) format below. Upon approval by the Board this permit shall be renewed with an expiration date of January 26, 2031.
General
1. In the case of any conflict among these conditions, or between these conditions and applicable laws, the more extensive and restrictive requirements shall apply.
2. All plans, reports and other supporting documents submitted with the permit application, as approved, are incorporated as part of this permit, and operation shall proceed in accordance with these documents and the permit conditions. This permit includes, at a minimum, the following documents:
a. Permit Application, dated February 28, 2019, prepared by Glenn Semanisin, P.E. and James E. Golden, P.G., Grove Scientific and Engineering Company
b. Special Exception and Variance Request-Revision 1, dated June 17, 2019, prepared by James E. Golden, P.G., Grove Scientific and Engineering Company
c. Response to Completeness Review 1, dated June 19, 2019, prepared by Glenn Semanisin, P.E. and James E. Golden, P.G., Grove Scientific and Engineering Company
d. Response to Technical Review 1, dated August 5, 2019, prepared by Glenn Semanisin, P.E. and James E. Golden, P.G., Grove Scientific and Engineering Company
e. Groundwater Monitoring Plan, dated August 27, 2019, prepared by James E. Golden, P.G., Grove Scientific and Engineering Company
f. Emergency and Fire Preparedness Guidelines (Fire Fighting Agreement), dated August 2019, prepared by Grove Scientific and Engineering Company.
a. Permit Renewal Application, dated June 6, 2024, prepared by James Golden, P.G. and David Beben, P.E. Grove Scientific and Engineering Company, and prior permit documents cited by reference therein.
b. Response to Permit Renewal-Technical Review TR 1, dated August 22, 2024, prepared by James Golden, P.G. and David Beben, P.E. Grove Scientific and Engineering Company.
c. Response to Permit Renewal-Technical Review TR 2, dated October 7, 2024, prepared by James Golden, P.G. and David Beben, P.E. Grove Scientific and Engineering Company.
d. Updated Operations Plan and Site Plan Sheet 4, dated November 26, 2025 prepared by James Golden, P.G. and David Beben, P.E. Grove Scientific and Engineering Company.
3. Facility construction and operations based upon this approval shall comply with all applicable federal, state and county laws, ordinances and regulations, which are incorporated herein by reference, except to the extent any applicable county laws, ordinances and regulations are expressly waived or modified by these conditions, or by action approved by the Board of County Commissioners (Board), or by action of the Board.
4. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the County does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law.
Pursuant to Section 125.022, Florida Statutes, the applicant shall obtain all other applicable state or federal permits before commencement of development.
5. Facility construction and operations shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or his or her authorized agent) to the Board at the public hearing where this permit was approved, where such promise or representation, whether oral or written, was relied upon by the Board in approving the permit, could have reasonably been expected to have been relied upon by the Board in approving the permit, or could have reasonably induced or otherwise influenced the Board to approve the permit. For purposes of this condition, a “promise” or “representation” shall be deemed to have been made to the Board by the applicant (or his or her authorized agent) if it was expressly made to the Board at a public hearing where the permit was considered or approved.
6. Any modifications to or deviations from this permit must be submitted to the Environmental Protection Division (EPD) for review. The EPD shall determine if the modification or deviation is minor or is major or substantial. The EPD may approve or deny minor modifications or deviations. Only the Board may approve substantial deviations from, or major modifications to, this permit.
7. Cost estimates for financial assurance shall be revised at least annually and also whenever changes in operation would cause a revised cost estimate to exceed the amount available through the financial assurance mechanism. Cost estimates shall be based upon the time period in the facility operation when the extent and manner of its operation make closing most expensive, subject to EPD approval. The applicant has submitted cost estimates for modes of operation based on total stockpile volume limits of 10,000, 50,000, and 100,000 cubic yards respectively, and the financial assurance instrument shall be updated accordingly.
8. The facility shall be open to the County for the purpose of inspection during normal working hours of the facility and at any other time when work is in progress. During periods of inactivity, upon request, the County shall be provided access to the site within one business day.
9. The Hours of Operation are:
Monday - Saturday: 7:00 a.m. - 7:00 p.m.
Sunday: None
Receipt or shipment of yard trash and yard trash processing are limited to within the Hours of Operation. Activities such as maintenance and cleaning are not considered operation and may be scheduled at the facility's discretion.
10. This facility may receive, temporarily store or hold, transfer, and/or process, but not dispose of onsite, up to an annual average of 1,000 cubic yards per day of yard trash within the approved areas.
Any backfilling of the pit with soils is to be addressed under a separate Excavation and Fill permit (07-E5-717). The Operations Plan shall be updated as necessary to be consistent with any update to the Fill permit, within 45 days of such update, subject to review by EPD.
11. Stockpile volume shall not exceed 100,000 cubic yards. EPD may request a volumetric analysis of a topographic survey once per year to verify stockpile volume.
12. EPD may authorize the temporary extension of hours of operation, not to exceed 7:00 a.m. - 7:00 p.m. seven days a week, an increase in throughput, and related minor deviations from the terms of the permit, during and up to 30 days following the declaration of a State of Emergency by Orange County.
Yard Trash Quality Control
13. Each shipment of incoming yard trash must be inspected by a spotter, or interim spotter, trained and performing duties in accordance with rule 62-701 Florida Administrative Code (F.A.C.). Spotters shall perform their duties from a location where they can thoroughly inspect each shipment of yard trash for prohibited materials. The spotter(s) shall have the authority and responsibility to reject unauthorized loads. If unauthorized waste is identified during or after unloading, the spotter(s) shall have the authority and responsibility to reload the customer's vehicle for removal from the site. Finally, if reloading is not feasible, the spotter(s) shall have the authority and responsibility to assess appropriate surcharges and have the unauthorized material removed by on-site personnel. In all instances, the transporter and generator of the unauthorized solid waste must be notified to prevent future occurrences, and a log of all such unauthorized waste shipments shall be maintained at the site.
Street sweepings, ditch scrapings, shoulder scrapings, and catch basin sediments are not considered yard trash and must be managed consistent with rule 62-701.220(2)(g) F.A.C. or disposed in an authorized landfill.
Community Issues
14. The permitted routes for vehicular access to and from the site are: SR 50 east and west to the site access road at Old Cheney Hwy.
The permittee shall be responsible for cleanup of all litter generated from the permittee's operation per Orange County Code (County Code) Sec. 32-216(a)(13). In addition, on an as needed basis, but not less than once per week, the permittee shall be responsible for cleanup of customer-generated litter from SR 50 ¼ mile east and ¼ mile west of the intersection at Old Cheney Road. Cleanup shall take place along publicly accessible rights-of-way and with all necessary safety precautions.
15. Prior to commencing any additional new operations, the operator shall submit sufficient information to the Air Quality Management Program at EPD for an air permitting determination pursuant to Rule 62-210, F.A.C.
16. The applicant shall conduct annual water quality sampling at one up-gradient and two down-gradient groundwater monitoring wells for the same parameters as construction and demolition debris disposal facilities as listed in rule 62-701.730(8) F.A.C., in accordance with a water quality monitoring plan subject to EPD approval. In accordance with County Code Sec. 32-216(a)(24)f. EPD shall have the authority to collect samples. In addition, EPD may conduct one sampling event or split sampling annually at the owner’s expense.
Reporting and Record Keeping
17. The following items shall be maintained and available for review at the facility:
a. A copy of the complete permit including plans, reports, and other supporting documents
18. The following items shall be maintained and available for review at the facility for a period of at least 3 years:
a. Unauthorized waste receipt logs maintained in an unauthorized waste receipt logbook
b. Manifests for any hazardous waste, universal waste, or regulated nonhazardous waste, shipped offsite.
Fires, Emergency Preparedness, and Continuity of Operations
19. The operator shall inform the EPD immediately of any fires that persist for longer than 1 hour.
Waivers [previously approved]
20. A waiver from County Code Sec. 32-216(a)(11) to allow a 50-foot setback instead of a 150-foot setback in accordance with the approved site plan, and subject to reconsideration should any development occur on properties within 150 feet of the project area.
21. A waiver from County Code Sec. 32-216(a)(11) and (b)(3) to allow existing berm and natural vegetation as a visual buffer in accordance with the approved site plan, and subject to reconsideration should any development occur on properties within 150 feet of the project area.
22. A waiver from County Code Sec. 32-216(a)(13)a. to not require a 6-foot chain link fence around the entire facility, but allow site access to be controlled by the use of a 4-foot wire fence in accordance with the approved site plan, and subject to reconsideration should any development occur on properties within 150 feet of the project area.
23. A waiver from County Code Sec. 32-216(b)(6) to allow for the use of the existing stormwater management system without dry detention in accordance with the approved site plan. The stormwater management system shall be reevaluated and redesigned if necessary whenever the co-located borrow pit has been substantially backfilled.
Board of Zoning Adjustment
24. The facility shall be subject to the conditions of approval for Special Exception SE-19-05-039 and any future amendments.
Development Review Committee (DRC)
25. The facility shall be subject to the DRC recommended conditions of approval for DP-19-03-082 and any future amendments.
Additional Condition [from September 24, 2019 Board Public Hearing]
26. The facility shall reject loads suspected of containing [County Code Chapter 16] Type II fill materials. Any more than de minimis inadvertently accepted Type II fill materials shall not be used or processed on-site but shall be sent off-site for reuse or disposal.
- End of Conditions -
BUDGET: N/A