DEP criticized over landfill's permit bid

Pasco County Commissioner Ted Schrader questioned the credentials of Gov. Rick Scott's political appointee after he learned Florida's Department of Environmental Protection was on the verge of issuing a permit for a controversial dump in northeast Pasco County.

The agency, under former Secretary Michael Sole, denied the landfill permit in 2009 for Angelo's Aggregate Materials. The Iafrates family, which owns the 1,000-acre site, appealed the ruling and last month submitted a new landfill plan to the DEP that reduces its size to 30 acres but allows for 60 acres of future expansion.

"Angelo's has been busy up in Tallahassee," Schrader said. "DEP may be siding with the Iafrates to approve their permit as early as this week."

DEP Spokeswoman Jennifer Diaz said the agency is reviewing the latest information from Angelo's and doesn't have a timetable for a decision.

Schrader said the landfill plan largely is unchanged. "They tweaked it, but they really haven't changed it," Schrader said. "My concern is that the secretary of the DEP doesn't have the expertise to evaluate it."

Scott appointed Herschel Vinyard as the department's secretary in January. Vinyard practiced environmental law before going to work for defense contractor BAE Systems Southeast Shipyards.

A pair of environmental groups has sued to have Vinyard disqualified, maintaining his appointment violates a conflict-of-interest provision in the Federal Clean Water Act.

Schrader's revelation sent the county's legal staff scrambling to make sure Vinyard is aware of the county's objections. "We need to make sure our voices are heard on this matter," County Attorney Jeffrey Steinsnyder said. "There are legitimate issues the county has raised that I think DEP needs to be made cognizant of."

The proposal for the new landfill, first made in 2006, has drawn widespread opposition from Tampa Bay area cities, businesses and residents who fear the site's proximity to the Withlacoochee River and Green Swamp could contaminate the water supply.

The city of Tampa and Nestle, which owns Zephyrhills Water, both joined the case as interveners.

Jan McLean, an assistant city attorney for Tampa, said she received a request Wednesday from DEP to give the department more time to review the new materials. "The deadline was June 30 for everyone to report to the administrative law judge," she said. "They asked for an extension until Aug. 31."

McLean said it would be highly unusual for the DEP to change course in the middle of a case. "That would be a reversal of their position," she said. "I've never seen it happen."

Nestle Spokesman Ryan Duffy said his company expects a "fair and thorough review" by DEP.

The dump, if approved, would be four miles southeast of Dade City on land north of Messick Road and south of Enterprise Road. The site is near a construction debris landfill that is owned and operated by the Iafrates.

The landfill size was reduced from 90 acres to 30 acres, but the additional 60 acres are listed as "potential future cells."

The plan shows that between 1,800 and 3,000 tons of garbage would be hauled to the site each day. The landfill would not take hazardous waste or asbestos but would allow household garbage, dead animals, furniture and industrial waste, documents show.

Even if they win the DEP appeal, the Iafrates likely would have a protracted battle at the county level for local approval.

The family sued the county last year about a change in the long-range development plan that would require the property to be reclassified for the dump to open. In the lawsuit, the Iafrates contend the county changed the plan specifically to stop their proposed landfill.

The lawsuit is pending.