Exhibit_B_-_FDEP_Permit.pdf

June 9, 2026

NOTICE OF PERMIT

By-Email rmontgomery@volusia.org

In the Matter of an Volusia County Application for Permit by: WACS # 27540 Regina Montgomery Tomoka Farms Road Landfill 1990 Tomoka Farms Road Port Orange, Florida 32128

Attention: Ms. Regina Montgomery DEP File No: 0078767-051-SO-21

Enclosed is Permit Number 0078767-051-SO-21 to renew the authorization for the research development and demonstration (RD&D) of a mechanical evaporator to manage leachate, issued pursuant to Section 403.061(14) and 403.707, Florida Statutes. The original permit expires on July 24, 2026. This renewal authorizes the RD&D through July 24, 2027.

Public participation is solicited without regard to race, color, religion, sex, pregnancy, national origin, age, handicap or marital status. Persons who require special accommodations under the Americans with Disabilities Act (ADA) or persons who require translation services (free of charge) are asked to contact DEP’s Limited English Proficiency Coordinator at 850-245-2118 or LEP@FloridaDEP.gov. If you have a hearing or speech impairment, please contact the agency using the Florida Relay Service, 800-955-8771 (TDD) or 800-955-8770 (voice).

NOTICE OF RIGHTS

This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application.

Petition for Administrative Hearing A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules mailto:rmontgomery@volusia.org mailto:LEP@FloridaDEP.gov

Tomoka Farms Road Landfill

28-106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following information:

(a) The name and address of each agency affected and each agency’s file or identification number, if known;

(b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests are or will be affected by the agency determination;

(c) A statement of when and how the petitioner received notice of the agency decision;

(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;

(e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action;

(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and

(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action.

The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.

Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28- 106.205, F.A.C.

Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time.

Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for http://web2.westlaw.com/find/default.wl?ordoc=I0C7293C0912311DB8F8F8100D79B57CF&rp=%2ffind%2fdefault.wl&DB=1000006&DocName=FLSTS120%2E569&FindType=L&AP=&rs=WLW9.08&ifm=NotSet&fn=_top&sv=Split&mt=Florida&utid=4&vr=2.0&pbc=38B33E51

Tomoka Farms Road Landfill filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.

Mediation Mediation is not available in this proceeding.

Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department.

EXECUTION AND CLERKING

Executed in Tallahassee, Florida.

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

Elizabeth Kromhout, Program Administrator Permitting and Compliance Assistance Program

Attachment(s):

1. RD&D Permit 0078767-051-SO-21

CERTIFICATE OF SERVICE

The undersigned duly designated deputy clerk hereby certifies that this document and all attachments were sent on the filing date below to the following listed persons:

Matthew Morse, P.E., Jones Edmunds MMorse@jonesedmunds.com Bill Lynch, P.E., Jones Edmunds BLynch@jonesedmunds.com Jennifer Stirk, Volusia County, jstirk@volusia.org Central District, DEP_CD@FloridaDEP.gov Andrew Smith, P.G., DEP PCAP, Andrew.M.Smith@FloridaDEP.gov Veronica Gacharich, FDEP PCAP Solid Waste Section, Veronica.Gacharich@FloridaDEP.gov Elke Ursin, FDEP PCAP Solid Waste Section, Elke.Ursin@FloridaDEP.gov

FILING AND ACKNOWLEDGMENT

FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged.

Clerk Date mailto:MMorse@jonesedmunds.com mailto:BLynch@jonesedmunds.com mailto:jstirk@volusia.org mailto:DEP_CD@FloridaDEP.gov mailto:Andrew.M.Smith@FloridaDEP.gov mailto:Veronica.Gacharich@FloridaDEP.gov mailto:Elke.Ursin@FloridaDEP.gov

FLORIDA DEPARTMENT OF

Environmental Protection

Bob Martinez Center

2600 Blair Stone Road Tallahassee, FL 32399

Ron DeSantis Governor

Alexis Lambert

Secretary

Permit Issued to:

Volusia County Solid Waste Division 3151 East New York Ave.

Deland, Florida

(386) 943-7886

WACS Facility ID No.: 27540

Facility Name: Tomoka Farms Road Landfill – Class I 1990 Tomoka Farms Road

Port Orange, Volusia County, Florida

Contact Person:

Regina Montgomery, Director

Volusia County Solid Waste Division 1990 Tomoka Farms Road Port Orange, Florida rmontogomery@volusia.org

(386) 947-2952

Solid Waste Research Development & Demonstration Permit

Permit No.: 0078767-051-SO-21 Replaces Permit No.: 0078767-048-SO-21

Permit Issued: July 24, 2025 June 9, 2026 Permit Expires: July 24, 2026 July 24, 2027

Permitting Authority

Florida Department of Environmental Protection Tallahassee Solid Waste Program & Permitting

2600 Blair Stone Road, MS 4565 Tallahassee, Florida 32399-2400

(850) 245-8707

PERMITTEE NAME: Volusia County Solid Waste Division FACILITY NAME: Tomoka Farms Road Landfill – North Cell, Class I Landfill

PERMIT NO.: 0078767-051-SO-21

WACS Facility ID: 27540

SECTION 1 - SUMMARY INFORMATION

A. Authorization

The permittee is hereby authorized to operate a Research, Development & Demonstration (RD&D) project at the facility described below in accordance with the specific and general conditions of this permit and any documents attached to this permit or specifically referenced in this permit and made a part of this permit.

This solid waste Research, Development & Demonstration permit is issued under the provisions of Chapter 403, Florida Statutes, (F.S.), and Chapters 62-4 and 62-701, Florida Administrative Code, (F.A.C.).

This permit does not relieve the permittee from complying with any other appropriate local zoning or land use ordinances or with any other laws, rules or ordinances. Receipt of any permits from the Department does not relieve the applicant from obtaining other federal, state, and local permits and/or modifications required by law, including those from other Sections within the Department or of the Water Management District.

B. Facility Location

The facility is located at 1990 Tomoka Farms Road, Port Orange, Volusia County, Florida.

Latitude: 29° 07’ 41.1” N Longitude: 81° 05’ 28.2” W

C. Facility Description

The RD&D project is for a Leachate Evaporation System Demonstration in support of developing an alternate leachate treatment and disposal system. The main components of the demonstration will consist of two mechanical enhanced evaporators. One evaporator will be installed and monitored in each of the two existing leachate storage basins to demonstrate evaporation rates during a 6-to-12-month performance period. Findings from this demonstration will be used to assess whether full-scale implementation is a viable option for Volusia County. The demonstration project will reduce and/or eliminate off-site disposal of leachate. Solids will accumulate in the lined leachate basins. The basin’s solids will be checked and when needed, solids will be removed, dried, and landfilled. The project is located within the limits of the Class I Landfill property boundary and within the leachate collection area.

The Tomoka Farms Road Solid Waste Facility is comprised of the following:

• Major features of the Tomoka Farms Road Solid Waste Facility, include site fencing and security, a scale house, a household hazardous waste facility, a tire and white goods facility, a Class I landfill (Operation Permit Number SO64-0078767-030, expiration date 05/13/2033; Title V Air Operation Permit 1270117-012-AV, expiration date 06/29/2026 and subsequent modifications), equipment maintenance facilities, borrow pits, and administration facilities.

• At the Class I Landfill - North Cell leachate is collected in the leachate drainage layer that slopes to collect sumps equipped with leachate pumps. Clean outs area provided to allow access for inspection and cleaning. Leachate is pumped from the pump stations to the designated leachate storage ponds via force mains that run around the north and west sides of the landfill.

• The landfill has an active groundwater and surface water monitoring plan.

• The Class I Landfill - North Cell has an active landfill gas collection system (LGCS). The LGCS is installed in phases per the approved design to control air emissions, odor, and migration of methane. The phased construction will include installation of additional horizontal collectors, vertical wells, laterals, and associated piping.

• The Class III landfill is designed without a bottom liner and leachate collection system. The Class

III landfill accepts approximately 370 tons per day. This landfill will be closed sequentially in phases.

• Household Hazardous Waste (HHW) – A HHW collection center is located at the facility. The collection center minimizes the quantities of these materials from being disposed of in the landfill.

The HHW center shall operate in accordance with Section 403.7265, F.S., addressing the need for local governments to establish local hazardous waste management programs and local collection centers throughout the state. The HHW collection center operates for the collection of household hazardous waste and does not accept waste from small businesses. The HHW materials are removed by an independent contractor for proper disposal twice a year or when the storage facility reaches 75% of its capacity.

D. Appendices Made Part of This Permit

APPENDIX 1 - General Conditions

APPENDIX 2 – List of Approved Documents Incorporated into the Permit

SECTION 2 - SPECIFIC CONDITIONS

A. Administrative Requirements

1. Documents Part of This Permit. The permit application as revised in final form replaced or amended in response to the Department's Request(s) for Additional Information are contained in the Department's files and are made a part of this permit. Those documents that make up the complete permit application are listed in APPENDIX 2.

2. Permit Modification. Any change to construction, operation, monitoring, or closure requirements of this permit may require a modification to this permit, in accordance with the provisions of Rule 62-701.320(4), F.A.C.

3. Permit Renewal. RD&D permits may be issued for up to three years and may be renewed up to three times in accordance with Section 403.70715(1)(a), F.S. To ensure uninterrupted operation of this facility, a timely and sufficient permit renewal application must be submitted to the Department in accordance with Rule 62-701.320(10), F.A.C. A permit application submitted at least 61 days prior to the expiration of this permit is considered timely and sufficient.

4. Transfer of Permit or Name Change. In accordance with Rule 62-701.320(11), F.A.C., and

Rule 62-4.120, F.A.C., the Department must be notified by submitting Form 62-701.900(8) within 30 days: (a) of any sale or conveyance of the facility; (b) if a new or different person takes ownership or control of the facility; or (c) if the facility name or permittee’s legal name is changed.

B. Construction Requirements

This Permit does not authorize any bottom liner construction activities.

C. Operation Requirements

1. General Operating Requirements. The Permittee shall operate the landfill in accordance with the approved Leachate Evaporation System Demonstration project application as listed in Appendix 2, Document 1. The Department shall be notified before any changes, other than minor deviations, to the approved Operation Plan (Appendix 2, Document 2) are implemented in order to determine whether a permit modification is required.

2. Operation Plan. A copy of the approved Leachate Evaporation System Demonstration project application, including the operating record as defined in Rule 62-701.500(3), F.A.C., shall be kept at the facility and shall be accessible to landfill operators.

3. Waste Management and Handling.

a. No solid waste shall be disposed of outside of the permitted footprint of the solid waste disposal units.

b. The Leachate Evaporation System Demonstration project will be handled in such a manner as to prevent discharge of liquids from the processing area.

c. The Leachate Evaporation System Demonstration project will be handled in such a manner as to prevent mixing of liquids from the processing area with stormwater.

4. Average Daily Volume. The installed evaporation systems are designed to achieve an average evaporation rate of 100,000 gallons per day (gpd).

5. Cover Requirements. Requirements are included in the facility’s Class I Operation Permit.

6. Contingency Plan and Notification of Emergencies. The Permittee shall notify the Department in accordance with the approved Contingency Plan. Notification shall be made to the Solid Waste Section of DEP's Central District Office at (407) 897-4100 or at DEP_CD@floridadep.gov.

7. Housekeeping. The RD&D project at the facility shall be operated to control dust, vectors, litter and objectionable odors.

mailto:DEP_CD@floridadep.gov

8. Leachate Management.

a. The permittee shall operate the leachate management system (including the collection, removal, storage, and on-site treatment systems), and maintain the system as designed, so that leachate is not discharged from the system except as provided for in the approved Operation Plan and as modified in the Leachate Evaporation System Demonstration project application (Appendix 2, Document 1).

9. Spotters and Operators. This facility shall have the minimum number of spotters present when waste is accepted as specified in the approved Operation Plan. A trained operator shall be on duty at the facility at all times the facility is operating. Approved training courses can be found at the following web site: http://www.treeo.ufl.edu/sw.

10. Record Keeping Requirements. The facility will keep a daily record of the leachate volume pumped to the leachate storage basins, evaporated leachate volume, and hours of operation of the leachate evaporation system demonstration.

11. Hazardous Waste. If any regulated hazardous wastes are discovered to be deposited at the facility, the facility operator shall promptly notify the Department, the person responsible for shipping the wastes to the facility, and the generator of the wastes, if known. The area where the wastes are deposited shall immediately be cordoned off from public access. If the generator or hauler cannot be identified, the facility operator shall assure the cleanup, transportation, and disposal of the waste at a permitted hazardous waste management facility. In the event that hazardous wastes are discovered they shall be managed in accordance with the procedures provided in facility Operation Plan.

12. Stormwater. Leachate shall not be discharged into the stormwater management system.

Stormwater or other surface water which comes into contact with or mixes with the solid waste or leachate shall be considered leachate and is subject to the requirements of Rule 62- 701.500(8), F.A.C.

D. Water Quality Monitoring Requirements

The water quality monitoring plan is included in the facility’s Class I Operation Permit.

E. Gas Management System Requirements

The gas management system requirements are included in the facility’s Class I Operation Permit.

F. Financial Assurance and Cost Estimates

Not Applicable.

http://www.treeo.ufl.edu/sw

G. Closure Requirements

The mechanical evaporation systems will be removed from the site at the end of the performance period unless a permit modification is submitted to incorporate the mechanical evaporation unit into the leachate management system.

H. Long Term Care Requirements

Not Applicable.

Permit originally executed in Leon County, Florida, by Elizabeth Kromhout, Program Administrator, State of Florida Department of Environmental Protection on July 24, 2025.

APPENDIX 1

General Conditions

1. The terms, conditions, requirements, limitations and restrictions set forth in this permit, are "permit conditions" and are binding and enforceable pursuant to Sections 403.141, 403.161, 403.727, or 403.861, Florida Statutes. The permittee is placed on notice that the Department will review this permit periodically and may initiate enforcement action for any violation of these conditions.

2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action by the Department.

3. As provided in subsections 403.087(6) and 403.722(5), F.S., the issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of rights, nor any infringement of federal, State, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit that may be required for other aspects of the total project which are not addressed in this permit.

4. This permit conveys no title to land or water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title.

5. This permit does not relieve the permittee from liability for harm or injury to human health or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefore; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department.

6. The permittee shall properly operate and maintain the facility and systems of treatment and control (and related appurtenances) that are installed and used by the permittee to achieve compliance with the conditions of this permit, as required by Department rules.

This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by Department rules.

7. The permittee, by accepting this permit, specifically agrees to allow authorized

Department personnel, upon presentation of credentials or other documents as may be required by law and at reasonable times, access to the premises where the permitted activity is located or conducted to:

(a) Have access to and copy any records that must be kept under conditions of the permit;

(b) Inspect the facility, equipment, practices, or operations regulated or required under this permit;

and

(c) Sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this permit or Department rules.

Reasonable time may depend on the nature of the concern being investigated.

8. If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department with the following information:

(a) A description of and cause of noncompliance; and

(b) The period of noncompliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance.

The permittee shall be responsible for any and all damages which may result and may be subject to enforcement action by the Department for penalties or for revocation of this permit.

9. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except where such use is prescribed by Sections 403.111 and 403.73, F.S. Such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules.

10. The permittee agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance; provided, however, the permittee does not waive any other rights granted by Florida Statutes or Department rules.

11. This permit or a copy thereof shall be kept at the work site of the permitted activity.

12. The permittee shall comply with the following:

(a) Upon request, the permittee shall furnish all records and plans required under Department rules. During enforcement actions, the retention period for all records will be extended automatically unless otherwise stipulated by the Department.

(b) The permittee shall hold at the facility or other location designated by this permit records of all monitoring information (including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation) required by the permit, copies of all reports required by this permit, and records of all data used to complete the application for this permit. These materials shall be retained at least three years from the date of the sample, measurement, report, or application unless otherwise specified by Department rule.

(c) Records of monitoring information shall include:

1. the date, exact place, and time of sampling or measurements;

2. the person responsible for performing the sampling or measurements;

3. the dates analyses were performed;

4. the person responsible for performing the analyses;

5. the analytical techniques or methods used;

6. the results of such analyses.

13. When requested by the Department, the permittee shall within a reasonable time furnish any information required by law which is needed to determine compliance with the permit. If the permittee becomes aware the relevant facts were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be corrected promptly.

APPENDIX 2

Approved Documents Incorporated into the Permit

The approved application document for Tomoka Farms Road Landfill Research Development & Demonstration Permit consists of the following:

1. Volusia County - Application for a Permit to Construct and Operate a Research, Development, and Demonstration Facility for an Alternate Leachate Treatment and Disposal System – Leachate Evaporation System Demonstration, prepared by Jones Edmunds & Associates, dated May 7, 2025, received by the Department May 8, 2025, application fee received May 30, 2025.

https://depedms.dep.state.fl.us:443/Oculus/servlet/shell?command=getEntity&[guid=8.38835 9.1]&[profile=Permitting_Authorization]

2. Jones Edmunds – Supplemental Information for the Volusia County Tomoka Farms Landfill WACS ID: 27540 RD&D Permit Application Responses, prepared by Jones Edmunds & Associates, received by the Department June 20, 2025.

https://depedms.dep.state.fl.us:443/Oculus/servlet/shell?command=getEntity&[guid=8.39060 1.1]&[profile=Permitting_Authorization]

Documents from Operation Permit No. 0078767-030-SO-01:

3. Approved Operation Plan, dated November 2021.

https://depedms.dep.state.fl.us:443/Oculus/servlet/shell?command=getEntity&[guid=8.33288 5.1]&[profile=Permitting_Authorization]

The approved application document for Tomoka Farms Road Landfill Research Development & Demonstration Renewal Permit consists of the following:

1. Volusia County - Application for a Renewal Permit to Construct and Operate a Research, Development, and Demonstration Facility for an Alternate Leachate Treatment and Disposal System – Leachate Evaporation System Demonstration, prepared by Jones Edmunds & Associates, dated April 24, 2026, received by the Department April 27, 2026, application fee received April 27, 2026.

https://depedms.dep.state.fl.us:443/Oculus/servlet/shell?command=getEntity&[guid=8.40378 4.1]&[profile=Permitting_Authorization] https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=8.388359.1%5d&%5bprofile=Permitting_Authorization https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=8.388359.1%5d&%5bprofile=Permitting_Authorization https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=8.390601.1%5d&%5bprofile=Permitting_Authorization https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=8.390601.1%5d&%5bprofile=Permitting_Authorization https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=8.332885.1%5d&%5bprofile=Permitting_Authorization https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=8.332885.1%5d&%5bprofile=Permitting_Authorization https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=8.403784.1%5d&%5bprofile=Permitting_Authorization https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=8.403784.1%5d&%5bprofile=Permitting_Authorization