SUBJECT:
Title
Request Approval of Mediated Settlement Agreement in Request for Dispute Resolution Pursuant to Section 70.51, Florida Statutes (FLUEDRA) Regarding Special Use Permit Application No. 260503SU submitted by WRR of Marion County, LLC, Gaston Tree Debris Recycling, LLC, Levin Gaston, William G. Gaston, III, and Denali Water Solutions, LLC
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INITIATOR: |
DEPARTMENT: |
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Matthew G. Minter, County Attorney |
County Attorney |
DESCRIPTION/BACKGROUND:
On June 2, 2026, the Board denied a Special Use Permit (SUP) application (File No. 260503SU) submitted by WRR of Marion County, LLC; Gaston Tree Debris Recycling, L.L.C.; Levin Gaston; William G. Gaston III; and Denali Water Solutions LLC (collectively, “Petitioners”). The application sought approval to install de-packaging equipment to compost expired grocery store food waste on approximately 36.77 acres located at 8510 and 8548 NW Gainesville Road, Ocala, Florida (Parcel ID Nos. 12869-001-00 and 12907-003-00).
On July 1, 2026, Petitioners filed a Request for Dispute Resolution pursuant to Section 70.51, Florida Statutes, commonly known as the Florida Land Use and Environmental Dispute Resolution Act (FLUEDRA). On September 24, 2026, a Special Magistrate hearing was held pursuant to Section 70.51, Florida Statutes. During the mediation process, the parties identified a potential resolution of the dispute through consideration of the SUP application, subject to the conditions outlined in the proposed Mediated Settlement Agreement.
If the Mediated Settlement Agreement is approved, the County will schedule and conduct a quasi-judicial hearing to consider approval of the SUP subject to the conditions set forth in the Agreement.
The proposed Mediated Settlement Agreement establishes specific operational, environmental, monitoring, and nuisance-mitigation requirements for the proposed composting facility. These conditions include, but are not limited to:
1. Authorized Use and Site Development. Operations must remain consistent with the approved conceptual plan and be limited to composting green waste, animal bedding, and food waste.
2. De-Packaging and Composting Operations. De-packaging must occur in an enclosed building, and food waste must be placed in windrows within 24 hours of receipt.
3. Groundwater Monitoring. The applicant must install at least four monitoring wells, provide baseline data, and submit quarterly monitoring reports to the County.
4. Odor and Nuisance Mitigation. The applicant must comply with odor-control standards and implement corrective measures when verified nuisance events occur. Persistent nuisances may result in modifications to the Special Use Permit.
5. Environmental and Operational Safeguards. Requirements include processing records, liquid by-product management, Springs Protection Zone and wetland protections, buffer maintenance, pile-height limits, fire suppression planning, and a $100,000 closure and environmental remediation bond.
6. Permit Duration and Review. The permit expires two years after de-packaging operations commence and may be renewed administratively for up to three consecutive three-year terms, subject to the reporting requirements and other conditions of the Agreement.
Upon the Board’s approval of the SUP becoming final and no longer subject to appeal or judicial review, the parties would release each other from claims arising from the County’s prior denial of the application. If the Board does not approve the Mediated Settlement Agreement or, after the subsequent quasi-judicial hearing on the SUP, the Board denies the SUP, then the statute requires an evidentiary hearing before the FLUEDRA Special Magistrate for his determination and recommendation regarding the Board’s decision. If the Mediated Settlement Agreement or SUP is denied, or the permit approval is reversed or quashed on appeal or judicial review, the release and dismissal provisions would not take effect, and the parties would retain their respective claims, rights, and defenses.
The proposed Mediated Settlement Agreement represents a compromise intended to resolve the existing dispute without the continued time and expense of litigation. Each party will bear its own attorneys’ fees, costs, and expenses associated with the dispute.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
Motion to approve the Mediated Settlement Agreement and authorize the Chairman to execute same.
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