Current Violations: Odor
Indianhead Biomass'
Biosolids Permit
The following is from Indianhead Biomass' revised permit issued by the FDEP in 2019
The same referenced F.A.C's appear in the 2025 proposed renewal as well
II. Biosolids Management Requirements
A. Basic Limitations and Monitoring Requirements
5. The treatment, management, transportation, use, land application, or disposal of biosolids shall not cause a violation of the odor prohibition in subsection 62-296.320(2), F.A.C. [62-640.400(6)] (page 8).
VII. Other Specific Conditions
1. In the event that the treatment facilities or equipment no longer function as intended, are no longer safe in terms of public health and safety, or odor, noise, aerosol drift, or lighting adversely affects neighboring developed areas at the levels prohibited by Rule 62-600.400(2)(a), F.A.C., corrective action (which may include additional maintenance or modifications of the permitted facilities) shall be taken by the permittee. Other corrective action may be required to ensure compliance with rules of the Department. Additionally, the treatment, management, use or land application of residuals shall not cause a violation of the odor prohibition in Rule 62-296.320(2), F.A.C. [62-600.410(8) and 62-640.400(6)] (page 16-17).
2. Environmental Effect of the Project
c. Odor, Public Accessibility
Indianhead Biomass complies with basic operating practices including the control of odors, litter, and vectors (i.e., rodents, insects, birds, or other animals that may transmit diseases). (page 5 of 11)
Indianhead Biomass'
Special Use Permit
The following is from Indianhead's Special Use Permit issued by the County in 2020
The use is compatible with the contiguous and surrounding area and will not impose an excessive burden or have a substantial negative impact on surround or adjacent uses or on community facilities or services.
The use, which is listed as a Special Use in the OR zoning district, complies with all required regulations and standards of Article II of the Land Development Code.
The request is in compliance with Section 2.03.01 and 2.03.11 of the Land Development Code.
Findings of Fact
Article II. Land Development Code: 2.03.01
A. A Special Use shall be approved by the Planning and Zoning Agency only upon determination that the application and evidence presented establish that:
2. The Use is compatible with the contiguous and surrounding area and will not impose an excessive burden or have a substantial negative impact on surrounding or adjacent Uses or on community facilities or services; and
D. The Special Use must be compatible with the adjacent and surrounding land uses. Land uses, as defined in Chapter 163, Part II, Florida Statutes (“Growth Management Act”) include, but are not limited to, permitted Uses, Structures, and activities allowed within the land use category or implementing zoning district. Compatibility means a condition in which land uses or conditions can co-exist in relative proximity to each other in a stable fashion over time such that no Use or condition is unduly negatively impacted directly or indirectly by another Use or condition. The compatibility of land uses is dependent on numerous characteristics which may impact adjacent or surrounding Uses. These include: type of Use, density, intensity, height, general appearance and aesthetics, odors, noise, smoke, dust, vibration, traffic generation, sanitation, litter, drainage, risk of fire, air quality, protection of Listed Species or Essential Habitat, maintenance of public infrastructure, availability of potable water and other necessary public services, and nuisances. (This item is similarly phrased to Objective A.1.3.11 Surrounding Land Use Comprehensive Plan)
E1. A Special Use shall not be approved where the Special Use or a related Use or activity will be incompatible with adjoining or surrounding land uses.
E2. A Special Use shall not be approved if the Special Use or a related Use or activity will have a substantial detrimental impact on adjacent or surrounding land uses in respect to odors, noise, smoke, vibration, pollution, traffic generation, or the other listed compatibility characteristics.
E5. A Special Use shall not be approved if the Special Use or a related Use or activity will cause a nuisance.
K. The violation of any conditions or time periods when made a part of the terms under which a Special Use is granted shall be deemed a violation of this Code. A violation of any adopted conditions or time periods shall render the Special Use invalid, unless the violation is corrected within a reasonable time period after receipt of written notice of violation from the County Administrator requiring the correction of the violation by a specified date.
Law Change in 2023
According to the County, there was a law change in 2023 that removed the County's ability to monitor or enforce any rules regarding biosolid operations directly. Since odor is a byproduct of the biosolids operations, the County has said that the FDEP is the one required to enforce all of the rules pertaining to odor. This applies to all Special Use Permits issued after Nov. 2019.
However, we would like to note an oddity in the situation:
August 2018: FDEP issued the biosolids permit to Indianhead Biomass
October 2018: Indianhead Biomass began processing biosolids as shown by their DMRs
April 2019: Indianhead Biomass applied for the Special Use Permit with the County
March 2020: The County issued the Special Use Permit to Indianhead Biomass
We are currently awaiting a response from the County as to how Indianhead was permitted to process biosolids beginning October 2018 without having applied nor obtained a Special Use Permit which is required to allow them to operate biosolids on the property.
Florida Administrative Code (F.A.C)
62-296.320 General Pollutant Emission Limiting Standards.
(2) Objectionable Odor Prohibited – No person shall cause, suffer, allow or permit the discharge of air pollutants which cause or contribute to an objectionable odor.
62-210.200 Definitions.
The following words and phrases when used in this chapter and in Chapters 62-204, 62-212, 62-213, 62-214, 62-296, and 62-297, F.A.C., shall, unless the context clearly indicates otherwise, have the following meanings:
(179) “Objectionable Odor” – Any odor present in the outdoor atmosphere which by itself or in combination with other odors, is or may be harmful or injurious to human health or welfare, which unreasonably interferes with the comfortable use and enjoyment of life or property, or which creates a nuisance.
62-600.400 Design Requirements.
(2) Plant Sites.
(a) New treatment plants and modifications to existing plants shall be designed and located on the site so as to minimize adverse effects resulting from odors, noise, aerosol drift and lighting. The permittee shall give reasonable assurance that the treatment plant or modifications to an existing plant shall not cause odor, noise, aerosol drift or lighting in such amounts or at such levels that they adversely affect neighboring residents, in commercial or residential areas, so as to be potentially harmful or injurious to human health or welfare or unreasonably interfere with the enjoyment of life or property, including outdoor recreation. Reasonable assurance may be based on such means as aeration, landscaping, treatment of vented gases, buffer zones owned or under the control of the permittee, chemical additions, prechlorination, ozonation, innovative structural design or other similar techniques and methods. All such design measures shall be included in the preliminary design or engineering report.
62-600.410 Operation and Maintenance Requirements.
(8) In the event that the treatment facilities or equipment no longer function as intended, are no longer safe in terms of public health and safety, or odor, noise, aerosol drift, or lighting adversely affect neighboring developed areas at the levels prohibited by paragraph 62-600.400(2)(a), F.A.C., corrective action (which may include additional maintenance or modifications of the treatment plant) shall be taken by the permittee. Other corrective action may be required to ensure compliance with rules of the Department.
62-640.400 Prohibitions.
(6) The treatment, management, transportation, use, land application, or disposal of biosolids shall not cause a violation of the odor prohibition in subsection 62-296.320(2), F.A.C.