TRANSPORTATION, ENERGY & UTILITIES

COMMITTEE AGENDA

Monday October 17, 2016	Tape No.________________________
2:00 PM
Council Chambers 1^st Floor, City Hall	Carol Owens, Chief of Legislative Services
Al Ferraro, Chair	Legislative Assistant: Philip Zamarron
Doyle Carter, Vice Chair	Assistant Auditor: Kim Taylor
Greg Anderson	Attorney: Paige Johnston
Anna Lopez Brosche	Research Assistant: Yvonne Mitchell &
Reggie Brown - Excused	John Jackson
John Crescimbeni	Planning Department: Laurie Santana
Reggie Gaffney	Administration: Jordan Elsbury

Meeting Convened Meeting Adjourned

If a person decides to appeal any decision made by the Council with respect to any matter considered at such meeting, such person will need a record of the proceedings, and for such purpose, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

PARKING: If you park in the Library Garage (Entry on Duval St, W/S of Main St),

please see the Council Receptionist, Room 425, for ticket validation.

Attendance:

NOTE: There will not be a Special Meeting following the Committee meeting on October 17, 2016.

NOTE: The next regular meeting will be held October 31, 2016.

NOTE: The topic for the Special Meeting following the Committee meeting on October 31, 2016 will be on the electrical grid and its effect on neighborhoods.

Item/File No.	Title/History
1. 2014-665 DEFER	ORD-MC Amend Chapt 220 (Vehicles for Hire), Ord Code, Part 5 (Admin; Enforcemt); Amend Secs 220.502 (Code Enforcemt; Civil Remedies) & 220.503 (Violations) to provide Addnl Enforcemt Remedies; Create new Sec 220.504 (Seizure, Impoundmt & Forfeiture) to provide Authority to JSO to Seize & Impound For-Hire Vehicles used in Violation of Chapt 220. (Shaw) (Introduced by CM Joost) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/28/14
	1. 10/14/2014 CO Introduced: R,F, TEU (Added per C/P 11/24/15); RCDPHS removed per C/P 11/24/15)
	10/20/2014 R Read 2nd & Rerefer
	10/21/2014 PHS Read 2nd & Rerefer; 10/21/2014 F Read 2nd & Rerefer
	2. 10/28/2014 CO PH Read 2nd & Rereferred; R, F, TEU (Removed from RCDPHS per C/P 11/24/15)
	2/17/2015 R Sub/Amend/Approve 6-1 (Schellenberg)
	Bill Summary
2. 2015-127 DEFER At request of CM Schellenberg	ORD-MC Amend Chapt 220 (Vehicles for Hire), Ord Code; Updating Regs re: Licensing, Background Checks, Min Standards for Vehicle Inspections & Insurance Requiremts; Creating Chapt 222 (Transportation Network Companies), Creating Regs for Operations Including Licensing, Background Checks, Min Standards for Operators, Vehicle Inspections, Min Insurance Requiremts, Records Retention & Confidentiality; Creating Code Enforcemt, Civil Remedies, Violations, Seizure, Impoundmt & Forfeiture Regs & Provide Authority to JSO, City Parking Div & Jax Airport Authority to Seize & Impound or Immobilize Vehicles used in Violation of Chapt 222. (Diebenow) (Introduced by CM Schellenberg) (CPAC #6 Apv) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 2/24/15
	1. 2/10/2015 CO Introduced: R,F,TEU
	2/17/2015 TEU Read 2nd & Rerefer; 2/17/2015 R Read 2nd & Rerefer
	2/18/2015 F Read 2nd & Rerefer
	2. 2/24/2015 CO PH Read 2nd & Rereferred; R, F, TEU
	3/2/2015 TEU Sub/Rerefer 5-0; 3/2/2015 R Sub/Rerefer 6-0
	3/3/2015 F Sub/Rerefer 7-0
	3. 3/10/2015 CO SUBSTITUTE/ Rerefer; R, F, TEU
	Bill Summary
3. 2016-350 PUBLIC HEARING AMEND 1. Attach Revised Exhibit 1 (see p. 7-11 of agenda) 2. Attach revised Exhibit 2 to include “List of Substantiating Documents” 3. Attach “CON Monthly Waste Analysis Report” as Exhibit 3	ORD Granting Appl of Masters Road, LLC for Initial CON for the Masters Road, LLC Florida Roads Clean Concrete Recycling Facility; Providing for Conditions; Incorporating Exhibits. (McCain) (Introduced by Council President) TEU PH Pursuant to Chapter 380, Ord Code - 7/18/16, 8/1/16, 8/15/16, 9/6/16, 9/19/16, 10/3/16, 10/17/16 Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 7/26/16
	1. 5/24/2016 CO Introduced: TEU
	6/6/2016 TEU Read 2nd & Rerefer
	2. 6/14/2016 CO Read 2nd & Rereferred; TEU
	3. 7/26/2016 CO PH Only Eric Fuller
	Bill Summary
4. 2016-359 DEFER At Request of CM Gulliford	ORD Amend Chapt 122 (Public Propty), Creating New Sec 122.110 (Skateboarding on Public Propty), to Prohibit Skateboarding on City Sidewalks in Certain Areas, Public Parking Garages & Public Access Ramps & Certain other Public Propty; Recognizing Exercise of County Powers. (Johnston) (Introduced by CM Gulliford) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 6/14/16
	1. 5/24/2016 CO Introduced: TEU,RCDPHS,R
	6/6/2016 TEU Read 2nd & Rerefer
	6/7/2016 R Read 2nd & Rerefer; 6/7/2016 PHS Read 2nd & Rerefer
	2. 6/14/2016 CO PH Read 2nd & Rereferred; TEU, R, RCDPHS (PHS 7/1/16)
	Bill Summary
5. 2016-534 PUBLIC HEARING OPEN AND CONTINUE DEFER At Request of CM Dennis	ORD Renaming Robinson Ave to "Harry Frisch Way"; Waive var Subsecs of 745.105 (Changing Names of Public Sts by Ord; Honorary St Designations by Ord): (e)(2) re Persons who Honorary St Designation may be named after; (e)(5) re Requiremt that 90% of all Propty Owners on that Segment Consent to Renaming; (e)(3) Requiremt that the Person Reside within 5 miles of the St Name Change for at least 10 Yrs; (b) Requiremt that Historic Preservation Comm review the Request & make a Recommendation. (Dist 9-Dennis) (Diebenow) (Introduced by CM Schellenberg & Co-sponsored by CM's Dennis, Wilson, Morgan, Hazouri, Anderson, Gulliford, Bowman, Carter, R. Gaffney) TEU PH Pursuant to Chapt 745 Ord Code - 9/6/16, 9/19/16, 10/3/16, 10/17/16 Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 8/23/16
	1. 8/9/2016 CO Introduced: TEU,R
	8/15/2016 TEU Read 2nd & Rerefer
	2. 8/23/2016 CO PH Read 2nd & Rereferred; TEU, R
	Bill Summary
6. 2016-600 PUBLIC HEARING AMEND 1. Correct subfund number reference to 116 2. Correct public hearing committee to TEU	ORD Apv Dev Agreemt with UNF Bd of Trustees (CCAS/CRC No. 45686) for "2025 UNF Campus Master Plan Dev Agreemt) for Improvemts Identified in the Adopted 2025 UNF Campus Master Plan; Provide for Public Works Dept to Review & Apv Pymt Requests for Reimbursemt to UNF from Fair Share Specific Proj Subfund - 16 (PW0643-01) for Road Improvemt Constrn; Designate Oversight by Public Works Dept to Certify the Constrn as Complete, & the Plan & Dev Dept to Review the Activity to verify Compliance with the Dev Agreemt. (Dist 11-Becton) (Grandin) (Req of Mayor) TEU PH Pursuant to Sec 163.3225, F.S. & Sec 655.206, Ord Code -10/17/16 Public Hearings Pursuant to Sec 163.3225, F.S. - 10/25/16
	1. 9/13/2016 CO Introduced: TEU,F,LUZ
	9/19/2016 TEU Read 2nd & Rerefer
	9/20/2016 LUZ Read 2nd & Rerefer
	9/21/2016 F Read 2nd & Rerefer
	2. 9/27/2016 CO Read 2nd & Rereferred; TEU, F, LUZ Bill Killingsworth
	Bill Summary Fact Sheet Allows $4.1 million paid in by UNF related to a prior fair share to be reimbursed to UNF for construction of traffic improvements internal to the UNF campus
7. 2016-602 PUBLIC HEARING AMEND Attach Revised Exhibit 1 to correct FL Admin Code Reference	ORD Granting Appl of Old Kings Rd Constrn & Demo Debris Disposal Facility for Renewal of its CON for Operation; Provide for Conditions of CON. (McCain) (Introduced by Council President Pursuant to Chapt 380, Ord Code) TEU PH Pursuant to Chapter 380, Ord Code - 10/17/16 Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/25/16
	1. 9/13/2016 CO Introduced: TEU
	9/19/2016 TEU Read 2nd & Rerefer
	2. 9/27/2016 CO Read 2nd & Rereferred; TEU Eric Fuller
	Bill Summary
8. 2016-631 DEFER At the request of the Administration	ORD Apv Transmittal of Proposed 2016B Series Text Amend to the Conservation/Coastal Mgmt Element of the 2030 Comp Plan to Eliminate Inappropriate & Unsafe Dev in Floodplains & Coastal Areas when Opportunities Arise & to add Objectives & Policies to Support same. (Reed) (LUZ) LUZ PH - 11/1/16 Public Hearing Pursuant to Sec 163.3184, F.S. & Chapt 650, Pt 4 Ord Code - 10/25/16 & 11/9/16
	1. 9/27/2016 CO Introduced: LUZ, TEU, F
	10/3/2016 TEU Read 2nd & Rerefer
	10/4/2016 LUZ Read 2nd & Rerefer
	10/5/2016 F Read 2nd & Rerefer
	2. 10/11/2016 CO Read 2nd & Rereferred; LUZ, TEU, F
	Bill Summary
9. 2016-633 DEFER At the request of the Administration	ORD Apv Transmittal of Proposed 2016B Series Text Amend to Future Land Use Element (FLUE) & Transp Element of 2030 Comp Plan for Incorporation of Policies re Compatibility of Lands Adjacent to Public Use/Civilian Airports Adding Definition of "Civilian Influence Zone", & Updating Map L-22 to include Civilian Influence Zone. (Reed) (LUZ) LUZ PH - 11/1/16 Public Hearing Pursuant to Sec 163.3184, F.S. & Chapt 650, Pt 4 Ord Code - 10/25/16 & 11/9/16
	1. 9/27/2016 CO Introduced: LUZ, TEU
	10/3/2016 TEU Read 2nd & Rerefer
	10/4/2016 LUZ Read 2nd & Rerefer
	2. 10/11/2016 CO Read 2nd & Rereferred; LUZ, TEU
	Bill Summary
10. 2016-634 DEFER At the request of the Administration	ORD Apv Transmittal OF Proposed 2016B Series Text Amend to Transp Element of 2030 Comp Plan to update Map T-3B to show the 2040 Cost Feasible Plan Projs Consistent with Sec 163.3177, F.S. (Reed) (LUZ) LUZ PH - 11/1/16 Public Hearing Pursuant to Sec 163.3184, F.S. & Chapt 650, Pt 4 Ord Code - 10/25/16 & 11/9/16
	1. 9/27/2016 CO Introduced: LUZ, TEU
	10/3/2016 TEU Read 2nd & Rerefer 10/4/2016 LUZ Read 2nd & Rerefer
	2. 10/11/2016 CO Read 2nd & Rereferred; LUZ, TEU
	Bill Summary
11. 2016-645 AMEND Place Revised Agreement on File	ORD Approp $500,000 FDOT Grant for Constrn, Engineering & Inspection for Replacemt of Moncrief-Dinsmore Rd Bridge over Nine Mile Creek (Bridge No. 724179); Auth Economic Dev Transp Proj Fund Agreemt with FDOT; Designate Oversight by Public Works Dept. (BT 17-011) (McCain) (Req of Mayor) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/11/16
	1. 9/27/2016 CO Introduced: TEU,F
	10/3/2016 TEU Read 2nd & Rerefer 10/5/2016 F Read 2nd & Rerefer
	2. 10/11/2016 CO PH Read 2nd & Rereferred; TEU, F Tom Fallin
	Bill Summary Fact Sheet
12. 2016-647	ORD Approp $374,220 Grant from St Johns River Water Mgmt Dist (SJRWMD) for Noroad/Lambing Drainage Proj to reduce Flooding along Noroad, E of the Lambing Intersec; Auth Cost-Share Agreemt with SJRWMD; Amend Ord 2016-505-E (CIP) to increase Funding for said Proj; Designate Oversight by Public Works Dept. (BT 17-013) (McCain) (Req of Mayor) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/11/16
	1. 9/27/2016 CO Introduced: TEU,F
	10/3/2016 TEU Read 2nd & Rerefer 10/5/2016 F Read 2nd & Rerefer
	2. 10/11/2016 CO PH Read 2nd & Rereferred; TEU, F Tom Fallin
	Bill Summary Fact Sheet
DEFER At the request of the Administration 13. 2016-657	RESO Designating Adjoining Parcels of 3946 & 4000 St Johns Ave as a Brownfield Area for Environmental Rehab & Economic Dev. (McCain) (Req of Mayor) Public Hearing Pursuant to Secs 166.041(3)(c)(2) & 376.80 F.S. - 11/9/16
	1. 9/27/2016 CO Introduced: NCIS, TEU, F
	10/3/2016 TEU Read 2nd & Rerefer; 10/3/2016 NCIS Read 2nd & Rerefer
	10/5/2016 F Read 2nd & Rerefer
	2. 10/11/2016 CO Read 2nd & Rereferred; NCIS, TEU, F
	Bill Summary Fact Sheet NCIS:
14. 2016-677 2nd	ORD Transferring $175,000 in order to Re-Approp Funding from Rsv Line Item to an Operating Line Item within the Shipyards Environmental Cleanup Proj, to Complete Addnl Assessmt Work requested by FDEP, for Routine Semi-Annual Monitoring of the Groundwater at the Site, for Maint of the Protective Soil Cap & Fencing to Prevent Access to Certain Areas, & for Addnl Environmental Assessmt or Remediation Tasks that may be Required, & to Reclass the Existing $750,000 Approp to the Correct Subobject; Amend Ord 2016-505-E (CIP) to fund "Shipyards Proj - Environmental Cleanup" Proj; Designate Oversight by Public Works Dept. (BT 16-082) (McCain) (Req of Mayor) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/25/16
	1. 10/11/2016 CO Introduced: NCIS,TEU,F
	Bill Summary Fact Sheet NCIS:
15. 2016-679 2nd	ORD re Chapt 745 (Addressing & Street Naming Regs), Ord Code, to Clarify that the Correct Spelling of "Philips Highway" in Dists 5 & 11, Extending from John St on the North, to the Duval County Line on the South, should include a single "L"; Waive Sec 745.105(B), which requires Review by 911 Emerg Addressing Adv Comm; Waive Sec 745.105(c), which requires written Notification of street Name changes to Owners of abutting Proptys; Waive Sec 745.105(d), which requires Plan & Dev Dept to post signs Advertising both Public Hearings; Estab a Compliance Time Period to Require that all Citizens, Propty Owners, Business Owners & Govt'l Entities utilize the Correct Spelling of Philips Highway with a single "l" on any & all official Docs, Residence Addresses, Street Signs, Hwy Markers & Electronic Communications on or before 12/31/19; Directing Distribution of Ord. (Pollock) (Introduced by CM Becton & co-sponsored by CP Boyer) TEU PH Pursuant to Chapt 745 Ord Code - 10/31/16 Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/25/16
	1. 10/11/2016 CO Introduced: TEU,R
	Bill Summary
16. 2016-680 2nd	ORD Closing & Abandoning &/or Disclaiming an Unopened & Unimproved R/W of Cynthia Place, S of Bermuda Rd bet Coral Dr & Annabell Place, at Req of Hassan Al-Khazrajy. (Dist 3-Bowman) (McCain) (Req of Mayor) TEU PH Pursuant to Sec 336.10, F.S. - 10/31/16 Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/25/16
	1. 10/11/2016 CO Introduced: TEU
	Bill Summary Fact Sheet
17. 2016-681	ORD Granting FDOT a Temp Constrn Easemt in, over & under Parcel 702 (Adjacent to RE# 076617-0000), needed for FDOT Signal Improvemts Proj along Kings Rd. (McCain) (Req of Mayor) Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 10/25/16
2nd	1. 10/11/2016 CO Introduced: TEU Bill Summary Fact Sheet NOTE: Other items may be added at the discretion of the Chair.

EXHIBIT 1

MASTERS ROAD, LLC

FLORIDA ROADS CLEAN CONCRETE RECYCLING FACILITY

CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY

SPECIFIC OPERATING CONDITIONS

Specific Condition 1: Application

The Certificate of Public Convenience and Necessity (“CON”) is issued based upon the information submitted by Masters Road, LLC in the application for a CON for the Florida Roads Clean Concrete Recycling facility (herein after referred to as the Facility), dated September 2015, including the plans, revisions and all other additional information submitted to and approved by the City of Jacksonville (City). The Facility is located at 3570 Masters Road, Jacksonville, Duval County, Florida 32226 and shall be operated in compliance with all local, state and federal rules and regulations.

Specific Condition 2: Entrance Sign

The Florida Roads Clean Concrete Recycling Facility must display a prominent sign at the entrance of the Facility indicating its registered business name, address and telephone number and the phrase “Clean Concrete Recycling Facility operated under City of Jacksonville Certificate No. __________”.

Specific Condition 3: Authorized Materials and Capacity of Facility

The Florida Roads Clean Concrete Recycling Facility will accept and process at the Facility only clean concrete, brick, block and rock that meet the definition of Clean Debris as defined in City of Jacksonville Ordinance 380.102(g) and asphalt millings. The Facility may accept up to a total of 2,1001,500 tons of materials per operating day. The amount of material accepted at the facility shall be delivered, stored and processed in a manner consistent with the zoning exception and engineering plan.

Specific Condition 4: Out-of-County Wastes

The Florida Roads Clean Concrete Recycling Facility will post a prominent sign at the Facility scale house requiring all haulers to identify materials transported to the facility from outside Duval County. All wastes so identified shall be reported in the monthly tonnage and waste analysis report to the City of Jacksonville’s Solid Waste Division (SWD) required under Specific Condition Number 9 of this Certificate.

Specific Condition 5: Personnel Training

The Florida Roads Clean Concrete Recycling Facility shall comply with Florida Administrative Code Rules 62-701.320(15) and 62-701.710(4)(c), to ensure that all operators and spotters are properly trained.

The Facility Training Plan along with the personnel training folders or files shall be kept at the Facility at all times and shall be made available for inspection during normal hours of operation upon request by the representative(s) of the City. Training records shall include a time table when training is required, the name of the persons/agencies providing the training and the qualifications of the trainers.

Specific Condition 6: Waste Control

The Florida Roads Clean Concrete Recycling Facility will post trained spotter(s) at the unloading area(s) during all hours of operation in order to ensure that only those solid wastes specified in Condition 3 are accepted at the Facility.

“Unacceptable Waste” is defined as:

· Hazardous Waste, as defined in Section 380.102(o) of the City of Jacksonville Ordinance Code.

· Special Waste, as defined in Section 380.102(b-e) and (bb) of the City of Jacksonville Ordinance Code and which includes, but is not limited to, solid waste that can require special handling and management, white goods, whole tires, used oil, mattresses, furniture, lead acid batteries and biological wastes.

· Sludge, as defined in Section 380.102(v) of the Ordinance Code which includes the accumulated solids, residues and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies or similar waste disposal appurtenances.

· Hazardous regulated substances, as defined in Section 365.102(j) of the City of Jacksonville Ordinance Code.

Mixing of concrete, brick, block, rock, metal and asphalt with other types of solid waste will cause it to be classified as other than the authorized waste, except for de minimis amounts of nonhazardous waste that are generated at construction and demolition projects, provided such amounts are consistent with the best management practices of the construction and demolition industries.

The spotter shall also ensure that any Unacceptable Waste is correctly identified and handled appropriately. When incoming Unacceptable Waste is spotted at the entrance, Facility staff will document the occurrence and refuse entry of the waste into the Facility. In the event such waste is spotted during processing, Facility staff shall isolate such waste and either return it to the generator and/or transporter, or transport the waste to a permitted facility in accordance with all local, state and federal regulations. Putrescible waste received at the facility shall not be stored at the site longer than 48 hours and non-putrescible waste shall not be stored longer than 30 days.

Unacceptable Waste must not exceed one-half of one percent (.50%) of the total weight received at the Facility. Receipt of more than one-half of one percent (.50%) of Unacceptable Waste in any month which is transported for disposal rather than being returned to the generator and/or transporter shall constitute a violation of this condition.

Specific Condition 7: Other Permits

The Florida Roads Clean Concrete Recycling Facility shall obtain all other required local, state, and federal permits. It shall be the responsibility of Masters Road, LLC to determine what permit(s) is/are required. The City shares no responsibility if Masters Road, LLC fails to obtain all required permits. The City of Jacksonville reserves the right to require the Facility to cease operations if it is determined to be in violation of this CON or in violation of any other local, state or federal permits.

Specific Condition 8: Financial Assurance

The Facility shall comply with City of Jacksonville Ordinance Code Section 380.115. Masters Road, LLC shall provide proof of financial assurance via a method described in Chapter 62-701.630, F.A.C. Financial assurance should be reviewed annually with a copy of up to date information provided to the City’s Solid Waste Division.

Specific Condition 9: Monthly Reports

By the nineteenth (19^th) day of each month, the Facility shall submit a monthly Waste Analysis Report of its operations for the preceding month to the City of Jacksonville’s Solid Waste Division. At a minimum, the report shall contain the facility name, address, telephone number, current contact person, the reporting period (e.g., January 1-31, 2015), total incoming tons from Duval County, tons of processed waste issued, tons rejected that were transferred to another disposal facility and the number of tons received from outside Duval County. The report form to be used for the monthly reporting is contained in Exhibit III.

The Facility will notify City of Jacksonville’s Solid Waste Division within twenty-four (24) hours of learning that Hazardous Waste has been accepted at the Facility. This notice shall include the types of waste and the name of the customer who delivered the waste, if known. Within five (5) days, of the receipt of such material, the Facility shall send a written notification to City of Jacksonville’s Solid Waste Division confirming the information communicated by phone and all additional pertinent information, including the name of the final disposal facility where the waste was accepted.

Specific Condition 10: Storage Time and Height of Storage Pile

No incoming material or recyclable materials may be stockpiled longer than 180 days. At no time may the height of the storage piles exceed 35 feet above ground surface, or have side slopes greater than 2 horizontal: 1 vertical.

Specific Condition 11: Operating Hours

The Facility shall be allowed to operate twenty-four (24) hours per daybetween the hours of 7 a.m. and 5 p.m., Monday through SundayFriday, excluding Thanksgiving and ChristmasCity holidays. All conditions, such as weighing the material and spotting the material, shall be followed during all hours of operation.

Specific Condition 12: Minimum Recycling Percentage

A minimum of eighty percent (80%) by weight of the authorized waste received at the facility shall be recycled. A description of the materials recycled and the recycling process shall be included in the monthly waste report. If, on a quarterly basis, the Facility fails to maintain a recycling rate of eighty percent (80%) by weight of materials received, the Facility shall reduce the volume of waste accepted at the Facility to a quantity sufficient to achieve the 80% recycling rate.

Specific Condition 13: Hold Harmless

By accepting this Certificate, Masters Road, LLC its successors and assigns, agree to hold the City harmless from any liability related to all work performed at the Facility and/or actions performed that are not in compliance with the City, State and Federal guidelines, except for work or actions negligently performed by City representatives, agents or third parties.

Specific Condition 14: Term of Certificate

This Certificate of Public Convenience and Necessity shall be valid for a period of five (5) years from the effective date (date signed) after approval by City Council. The Certificate is granted based upon the need for the Facility at the time of issuance, and does not constitute any guarantees that the CON will be renewed upon expiration. If Masters Road, LLC desires to renew, it shall submit an application to the City of Jacksonville’s Solid Waste Division no later than six (6) months prior to the certificate expiration date. The renewal application shall be prepared in accordance with requirements of the City of Jacksonville Ordinance Code, Chapter 380, and other applicable laws at the time of application for renewal.

Specific Condition 15: Air Permits

If required currently or in the future, the Florida Roads Clean Concrete Recycling Facility shall obtain an air pollution construction permit and an air pollution operating permit to be issued under the provisions of Chapter 403, Florida Statutes and F.A.C. Chapters 62-4, 62-210, 62-296 and 62-297. The certificate holder shall ensure that any temporary crushing equipment brought on site has a current air pollution source general permit for a nonmetallic mineral processing plant in accordance with Rule 62-210.310(5)(e), Florida Administrative Code (FAC) and Rule 2.301, Jacksonville Environmental Protection Board (JEPB). A concrete crusher shall not be kept at the project property site for more than twelve (12) consecutive months.

The certificate holder shall use reasonable precautions to prevent unconfined emissions of particulate matter in accordance with Florida Administrative Code Rule 62-296.320(4)(c) and City of Jacksonville Environmental Protection Board Rule 2.1101.

Specific Condition 16: Compliance

The Facility shall operate in conformity with all information contained in the Application and attached plans and all subsequent information submitted in response to requests for additional information by all reviewing Departments, a complete list of which is attached hereto as Exhibit II. The Florida Roads Clean Concrete Recycling Facility will notify City of Jacksonville’s Solid Waste Division within forty-eight (48) hours of learning that it has failed to comply with any of the material conditions of this Certificate. The Facility shall at all times conform to zoning exception E-15-41 and any conditions attached thereto.

Masters Road, LLC agrees to allow authorized City personnel access to the Facility at reasonable times, upon presentation of credentials or other documents as may be required by law, to conduct monthly and/ or follow up compliance inspections.

Specific Condition 17: Scales

Scales certified for commercial transactions must be utilized to weigh all waste delivered to and shipped from the Facility. All incoming and outgoing materials shall be weighed and reported to the City of Jacksonville’s SWD pursuant to Specific Condition 9 of this certificate. Sections 531.60-66, Florida Statutes requires all businesses that use weighing or measuring devices for commercial purposes to obtain a current annual permit for those devices from the Department of Agriculture and Consumer Services. A valid annual permit must be displayed in a prominent place in full view at the facility. The Facility shall have a certified scale in place within six months from the enacted date of this certificate.

Specific Condition 18: Noise Control

This CON does not relieve the Facility from the responsibility of complying with Jacksonville Environmental protection Board (JEPB) Rule 4, Noise Pollution Control. The Facility’s crusher must be must positioned and operated within 450 feet of the eastern property boundary line.

Specific Condition 19: Sediment and Erosion Control

This CON does not relieve the Facility from the responsibility of complying with soil erosion and sediment control regulations contained in Section 4.12, Erosion and Sediment Control of the City of Jacksonville Planning and Development Department, Development Services Division, Land Development Procedures Manual (November 9, 2010 edition and subsequent updates) during the operation of this facility. In accordance with City of Jacksonville Environmental Protection Board Rule 3.604 Erosion and Sediment Control, the Facility is also responsible for ensuring that soil erosion and sediment control measures shall conform to the standards described in the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual published by the Florida Department of Environmental Protection, Nonpoint Source Management Section, July 2008 edition (and subsequent updates). The Facility is responsible for ensuring that soil and sediment are not tracked off of the project property site by vehicles exiting from the facility. Any soil and sediment tracked off of the property site shall be swept back onto the property in a timely fashion.

Specific Condition 20: Stormwater Management

Masters Road, LLC is responsible for ensuring that this facility does not adversely impact the City of Jacksonville Stormwater Management System. During all facility operations, compliance shall be maintained in accordance with Chapter 754, Stormwater Management Utility Code, Part 2, Violations and Prohibited Activities.

Specific Condition 21: Litter Control

The Facility will be responsible for removing litter on portions of the areas of the nearby public roadways. The facility will be responsible for removing litter a distance of 250 feet each side of entrance off Masters Road.

Specific Condition 22: Site Security

The Facility site shall be secured in such a manner to prevent unauthorized access and dumping of materials during non-operational hours.

Specific Condition 23: Jacksonville Emergency Management Plan

In accordance with City of Jacksonville Ordinance Code, Section 365.109, the Facility shall maintain a written Jacksonville Emergency Management Plan (JEMP) at the facility during all operations. Initial and annual training of all employees working at the Facility, on implementation and usage of the JEMP, shall be provided, documented and maintained at the Facility.

Specific Condition 24: Release of Hazardous Regulated Substances

In accordance with City of Jacksonville Ordinance Code Section 365.401, and City of Jacksonville Environmental Protection Board Rule 7, Hazardous Materials, the Facility shall notify the City of Jacksonville, Neighborhoods Department, Environmental Quality Division, of the release of any hazardous regulated substances (as defined by Section 365.102(j), City of Jacksonville Ordinance Code) at this facility. Notification is required immediately following discovery of the release of any hazardous regulated substances. The telephone number for providing this release notification is (904) 255-7171.

An emergency situation that has a potential off-site effect or which requires assistance from outside responders shall be immediately reported to City of Jacksonville’s Solid Waste Division at telephone number (904) 255-7500, followed by a detailed written report within five (5) days.

Specific Condition 25: Disposal of Hazardous Materials

The Florida Roads Clean Concrete Recycling Facility shall arrange for the removal and disposal of any hazardous materials and hazardous wastes (as defined by Sections 365.102(j)(1) and 365.102(k), City of Jacksonville Ordinance Code) that are transported to the Facility, and are not removed from the Facility by the party that delivered them, through a state-registered commercial hazardous waste transporter. A list of registered transporters shall be kept at the Facility, and updated periodically, and as necessary.

Specific Condition 26: Odor Control

The Facility shall not cause or contribute to an objectionable odor or to an odor nuisance, as defined in Section 376.104, City of Jacksonville Ordinance Code.

Specific Condition 27: Reclaimed Water

The Florida Roads Clean Concrete Recycling Facility must comply with the requirements of Chapter 752, City of Jacksonville Ordinance Code, Jacksonville Reuse of Reclaimed Water Program. If reclaimed water, as defined by Florida Administrative Code Rule 62-610.200(48), becomes available it shall be utilized for controlling dust emissions. Masters Road, LLC shall connect the Facility into a JEA reclaimed water distribution line no later than 365 days following receipt of written notification from JEA and/or the City of Jacksonville, Neighborhoods Department, Environmental Quality Division, that it is available for service.

Specific Condition 28: Groundwater Wells

This Facility shall not adversely impact groundwater wells on the project property or on properties in the site vicinity. If any groundwater wells are discovered on the property, the existence of which had not been previously reported to the City of Jacksonville Environmental Quality Division, the Facility shall notify the Environmental Quality Division, Groundwater Resources Section, in accordance with Section 366.305(d) of the City of Jacksonville Ordinance Code, and Environmental Protection Board Rule 8, Groundwater Resource Management. This information shall be provided in writing, within thirty (30) days of discovery of the well, and mailed to Environmental Quality Division, 214 Hogan Street, Suite 5000, Jacksonville, Florida, 32202. Any groundwater wells that are discovered on the facility property must be protected during construction and site modification activities. Wells shall be properly abandoned under a permit issued by the Environmental Quality Division, Groundwater Resources Section, when abandonment is required by local regulations and warranted by site conditions. Well construction permits issued by Environmental Quality Division are required for any newly proposed wells less than six (6) inches in diameter. The contact telephone number for the Environmental Quality Division, Groundwater Resources Section is (904) 255-7100.

Specific Condition 29: Traffic Control

The Facility shall install either an entry gate and/or speed bump at the entrance of the Facility at owner’s discretion.