Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Air Quality topic
No spam. Unsubscribe anytime.
Public commenter urges Collier County to draft ordinance over alleged 'toxic dust' from recycling facility
Summary
At the April 14 Collier County commission meeting, resident Cody Davis said airborne dust from a recycling facility has sickened neighbors and urged the board to direct the county attorney to draft a local ordinance under Florida Statute 403.7046(2)(e); county staff said the Florida DEP inspected the site and "passed" it.
Cody Davis, a registered public commenter, told the Collier County Board of County Commissioners on April 14 that residents near a recycling and recovered materials facility are suffering from elevated levels of fiberglass, gypsum and other particulates in dust blown from the site.
"This toxic dust issue is an acute problem that can't wait," Davis said, arguing county officials have wrongly claimed state preemption of local air-pollution rules. He cited the county's 2019 water-pollution ordinance and Florida Statute 403.182 as evidence that local programs can exist, and asked the board to direct the county attorney to draft an ordinance under Florida Statute 403.7046(2)(e) and return it within 30 days.
Davis told commissioners the property has accumulated 33 code-violation complaints since 2018 and that independent testing found elevated levels of specific materials in dust from the site, which he said presented a demonstrable threat to public health and local businesses.
County staff responded later in the meeting when Jamie French, who was on scene at the community center and has been coordinating with partners, said he had been in contact with state regulators. "My understanding is that DEP was on-site and that the site passed from the DEP," French said, and noted that adopting a local air-pollution program typically requires the county to demonstrate technical and staffing capacity and obtain DEP approval.
County attorneys and staff said they will gather and share the DEP's inspection information and any related reports to brief the board. Commissioners heard the public comment during the regular public-comment period and requested follow-up briefings from staff.
Next steps: the board did not vote on an ordinance at the meeting; Davis's request triggered staff commitments to provide documentation from DEP and to brief the commissioners on regulatory options and previous county actions related to the site.
