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DEP issues final order on Rolling Hills landfill

May 29, 2015
/ Shannon Nickinson
/ government

The Florida Department of Environmental Protection today upheld an administrative law judge's revocation of Rolling Hills Construction and Demolition Recycling Center's permit. Shawn Hamilton, director of the DEP Northwest District Office, issued the word in a news release this afternoon. "After a thorough review of the Recommended Order issued on March 2, 2015, by Administrative Law Judge D.R. Alexander and the filings by all parties, the Florida Department of Environmental Protection has issued a Final Order upholding the revocation of the permit for the operations of the Rolling Hills Construction and Demolition Recycling Center in Escambia County. "The department always focuses on compliance as the most effective and quickest route to environmental protection. As such, the department attempted to work with South Palafox Properties, LLC since 2011 to bring the Rolling Hills facility into compliance and correct the ongoing compliance issues at the property. "The company failed to comply; therefore, the department determined that revocation of the permit was necessary to prevent additional violations and environmental harm from occurring," the statement reads. A copy of the DEP's final order is linked here. The DEP's order notes that South Palafox Properties Inc. shall within 30 days submit a permit application for closure and long-term care of the facility, close the facility, complete closure within 180 days of obtaining the permit for closure; and conduct the long-term care of the facility all in accordance with Florida Administrative Code. A fire at Rolling Hills this morning prompted Escambia County Code Enforcement and Solid Waste Divisions to monitor the site. Residents of the Wedgewood community, located next to the Rolling Hills Landfill, were advised to avoid prolonged exposure to the outside air and remain indoors with their windows closed and air conditioners on if possible. Spokeswoman Kathleen Dough-Castro said environmental staff took 12 readings from air quality monitors at the Marie Young Community Center near the landfill. No elevated hydrogen sulfide levels has been detected, Dough-Castro said. Earlier this month, Escambia County commissioners unanimously approved spending $120,000 to buy three more air monitors to place near the center. The county has been monitoring hydrogen sulfide gas levels near the center since last year. The gas, which smells like rotten eggs, is an irritant to the respiratory system, particularly for those with breathing problems or lung diseases. The landfill has long drawn complaints from residents about the smell, the height of the debris pile and other concerns. On May 15, county officials closed the landfill to new debris based on conditions county environmental personnel found at the landfill that violated a special magistrate's order to the owners to address code provisions including:

— Discharging a nuisance odor beyond its property.
— Failing to properly cover landfill to deprive debris of oxygen to prevent emission of offensive odors and reduce the threat of fire inside the landfill.
— Exceeding the height restriction of the facility’s permit.
— Allowing the landfill mound to become visible from beyond the property line.
— Accepting land-clearing debris in unpermitted areas

In April the county fined the landfill owners for violating the magistrate's final order. The landfill began as a small borrow pit, but grew into a larger facility over time that came into conflict with the neighbors and faced numerous financial woes. During the May 14 committee of the whole meeting, County Attorney Allison Rogers said there are a number of mortgage holders, about a half-dozen, on the property, and there are bank liens on the property that may have hearings in June. Commissioner Wilson Robertson, whose district was home to the Saufley Landfill, which the county ultimately paid $8 million to purchase, cap and close, noted that if Rolling Hills "if it is anything like Saufley was" it could end up being an issue for 10 years or more. "Saufley was 20 acre site. Now you’re dealing with an 110 acre site" at Rolling Hills, Robertson said. At that time, Rogers told commissioners that lawyers for the owners of the Rolling Hills site say "they want to engage in a conversation about an exit strategy." She did not elaborate on what that might be.

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DEP issues final order on Rolling Hills landfill

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