Mount Dora and Lake County officials are taking legal action over concerns about possible contamination linked to the Mid-Florida Materials Recycling Facility.
During Tuesday’s Lake County Commission meeting, commissioners are expected to seek approval for a closed session to discuss the case involving the City of Mount Dora against the Florida Department of Environmental Protection and Hubbard Construction, owners of the Mid-Florida Materials Landfill and Recycling facility.
An amended petition from the city and county was filed on Dec. 12 and outlines concerns following a notice of permit modification issued by the Florida Department of Environmental Protection for Hubbard Construction Company.
The Mid-Florida Materials facility has faced intense scrutiny in recent months.
In May, a city-ordered study linked the facility to a strong, unpleasant odor in parts of Mount Dora.
Resident Trina Schell-Raupp described the smell as “horrific,” saying, “There’s some days that I wake up, and I can literally smell it in my house. It smells like sewage in my house.”
A petition filed on Dec. 12 with the Florida Department of Administrative Hearings raises concerns about environmental safety.
According to the petition, on October 9, the Florida DEP issued a permit modification notice that would extend the expiration date of Hubbard Construction’s environmental resource permit until May 20, 2030. This extension would allow more time for Hubbard to construct a fully functional stormwater management system to serve the facility.
“We’re basically challenging that decision by the Florida Department of Environmental Protection, saying it’s a good thing to extend this permit, considering that they haven’t already complied with the original permit in their stormwater management and all that sort of thing,” said Mount Dora Mayor James Homich.
The petition alleges that Hubbard’s current and historical operation of the landfill and stormwater management system threatens the safety of the city and county’s water systems, property, and recreation areas from ongoing contamination.
“The Wolf Branch Sink goes directly into the Florida aquifer, and if you’re standing at the Wolf Branch Sink, you can look over about 100 yards and see the landfill,” Homich said.
When asked if residents should be concerned about their drinking water, Homich said, “No, because we’re testing it. So the city, Mount Dora, I know we test it constantly to make sure it’s safe, but it’s a concern for the long term if more pollutants get into it.”
Before the city and county filed their amended petition on Dec. 12, Hubbard Construction filed a motion to dismiss following the original petition filed in October. Hubbard’s motion argues the petition should be dismissed because many allegations go beyond the permit modification and for failure to comply with mandatory pleading rules.
There is also a separate petition filed by the city and county against Hubbard and the Florida DEP. Based on information from the Lake County Commission’s upcoming agenda, it appears as though the cases have been consolidated.
News 6 reached out to request a statement from Hubbard Construction on Monday, they tell us: “We have been and remain in full compliance with all of the FDEP permits and will respond to the amended petition just as we moved to dismiss their initial petition.” – Hubbard – Mid Florida Materials
We have also reached out to the Florida Department of Environmental Protection. While we heard back from the agency, we are still waiting on a statement.
To see both amended petitions and Hubbard’s motion for dismissal, see below.