ARTICLE
On August 14, 2023, Polk County filed a Petition for Formal Administrative Proceedings requesting the Florida Department of Environmental Protection (FDEP) reverse or modify the Consent Order entered between FDEP and BS Ranch on July 25, 2023.
BS Ranch filed an application to renew its FDEP Permit No. FLA866202 on Oct. 26, 2020. FDEP issued a Notice of Permit Renewal Denial on March 15, 2022, finding BS Ranch failed to provide reasonable assurances that the application met several FDEP rules and regulations. Among other findings, FDEP found that between April 2016 and January 2022, BS Ranch had only distributed and marketed .00093 percent of total biosolids received.
On July 25, 2023, FDEP and BS Ranch entered a Consent Order that will allow BS Ranch to continue to bring in septage and give BS Ranch 45 months to process waste material currently on site. The consent order would also allow for the processed waste material to remain on site in perpetuity.
Polk County’s petition states that in addition to other issues with the Consent Order, that given the significant quantities of biosolids and septage that have accumulated at the BS Ranch facility, those materials should be appropriately processed and moved off-site before additional materials are permitted to be brought on site. The county’s petition explains that the July 25, 2023, Consent Order fails to provide reasonable assurances that the authorized activities meet FDEP regulations, including requirements that objectionable odors from the facility be eliminated.
FDEP will have 15 days from receipt of the petition to grant or deny a hearing before a Florida Division of Administrative Hearings administrative law judge.