Broward County Commission Regular Meeting
Director's Name: Coree Cuff Lonergan
Department: Transportation
Information
Requested Action
title
MOTION TO APPROVE Agreement for Petroleum Cleanup Participation Program (PCCP Agreement) with the Florida Department of Environmental Protection (FDEP) regarding state funding assistance for site rehabilitation activities related to an April 25, 1988, petroleum discharge at the Transportation Department’s Copans Road Mass Transit facility in substantially the form attached; authorize the County Administrator to execute the PCPP Agreement, inclusive of the Property Owner Conditional Closure Agreement and Declaration of Interim Restrictive Covenants therein, subject to review and approval for legal sufficiency by the County Attorney’s Office, and take all administrative and budgetary actions to implement the PCPP Agreement.
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Why Action is Necessary
Board approval is required to enter into agreements with governmental entities and establish restrictions on County property.
What Action Accomplishes
Approves an agreement that provides state funding assistance for environmental remediation activities, provides FDEP site access, and imposes interim restrictions on a County property.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None.
Summary Explanation/Background
THE TRANSPORTATION DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTION
The Transportation Department (BCT) received notice from the State of Florida Department of Transportation (FDEP) that state funding assistance of up to $400,000 is available for the cleanup of petroleum contamination from an April 25, 1988, discharge at its Copans Road Mass Transit Facility (Facility) located at 3201 W. Copans Road in Pompano Beach from the Petroleum Cleanup Participation Program (PCPP) pursuant to Section 376.307L Florida Statutes (F.S.). The Facility is used for transit operations including, but not limited to, the storage, maintenance, repair, and fueling of Broward County buses.
To access the state funding assistance, the County, as the property owner responsible for site rehabilitation, must enter into a PCPP Agreement providing FDEP with either a 25% cost savings (Option 1), 25% copayment (Option 2), or combination of both copayments and cost savings equal to 25% of the site rehabilitation costs (Option 3). FDEP’s standard PCCP agreement is required for all PCPP eligible discharges that are within its risk-based funding range.
BCT has consulted with an FDEP approved Agency Term Contractor (ATC), RES Florida Consulting, LLC, (RES) who is familiar with the Facility. RES has recommended the County elect Option 1, which at no cost to the County, provides FDEP with a 25% cost savings in the form of a conditional closure of the site which includes an interim restrictive covenant for the 1988 PCCP discharge as part of the PCPP agreement.
On May 10, 2016, Item No. 4, the Board approved a Declaration of Restrictive Covenant (DRC) with FDEP that restricts the use of groundwater and soil removal within certain portions of the Facility, mandates existing engineering controls (impervious pavement over affected areas) around the maintenance and dispenser buildings due to contamination discovered during an underground storage tank removal and replacement project. Staff will be requesting that FDEP release the interim restrictive covenants and amend that existing DRC to add the area affected by this 1988 discharge when the state funded site rehabilitation is complete. The paved area of the site proposed to be added to the DRC includes the fueling station building, bus wash building, bus parking and underground storage tanks.
The PCPP Agreement is a FDEP standard form document that does not include the County’s standard agreement terms. If the County does not complete the state funding assistance process, it would be responsible for site rehabilitation and all associated costs. The County is responsible for the long-term costs to maintain any required pavement or clean fill over any area of the property where some soil contamination remains.
The PCPP Agreement includes reasonable access to the Facility for the FDEP and RES to conduct the work and inspect the work. FDEP and the Contractor are authorized to obtain any necessary permits for the work. FDEP is responsible for damages caused by acts of its employees, but neither it nor RES are responsible for other economic injuries or business damages to the County due to their performance of the work. The County has 15 days to remedy any breaches or face termination and ineligibility for the state funding assistance. Venue for any legal actions is in Leon County, Florida.
The PCPP Agreement includes a Declaration of Interim Restrictive Covenants that will restrict drilling for water, require prior FDEP approval of changes to stormwater features and any dewatering activities, and prevent exposure to contaminated soils by maintaining impermeable pavement or two feet of clean fill over the area of the Facility affected by the discharge.
This agreement has been reviewed by the Office of the County Attorney. Final approval as to legal sufficiency is pending FDEP’s review of changes to its standard form agreement language and exhibit required for the interim restrictive covenants.
Source of Additional Information
Coree Cuff Lonergan, Director, Transportation Department, (954) 357-8361
Fiscal Impact
Fiscal Impact/Cost Summary
None.