File #: 24-1453   
Status: Agenda Ready
In control: PUBLIC HEARING
Agenda Date: 11/12/2024 Final action: 11/12/2024
Title: MOTION TO ENACT Ordinance, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO WASTE LIMITATION; AMENDING SECTION 14-2 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); PROHIBITING OPERATORS OF SOLID WASTE MANAGEMENT FACILITIES FROM LANDFILLING CERTAIN SPECIFIED WASTE; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. (Sponsored by Vice-Mayor Beam Furr)
Attachments: 1. Exhibit 1 - Proposed Ordinance, 2. Additional Material - Information
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Broward County Commission Regular Meeting                               

Director's Name:                     Andrew J. Meyers 

Department:                                           County Attorney 

 

Information

Requested Action

title

MOTION TO ENACT Ordinance, the title of which is as follows:

 

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO WASTE LIMITATION; AMENDING SECTION 14-2 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); PROHIBITING OPERATORS OF SOLID WASTE MANAGEMENT FACILITIES FROM LANDFILLING CERTAIN SPECIFIED WASTE; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

(Sponsored by Vice-Mayor Beam Furr)

 

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Why Action is Necessary

A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners ("Board") at its meeting of October 22, 2024.

 

What Action Accomplishes

Allows for the Board's consideration of the proposed Ordinance.

 

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Previous Action Taken

 

 

Summary Explanation/Background

Section 14-2 of the Broward County Code of Ordinances ("Code") currently prohibits all operators of solid waste management facilities from landfilling any processable waste in excess of one thousand (1,000) tons per day at any facility so long as there exists capacity at any operating resource recovery facilities in the county that are available to accept and dispose of processable waste. The proposed Ordinance amends Section 14-2 to prohibit "garbage" within any portion of the solid waste management facility that is located above an elevation of two hundred twenty-five (225) feet National Geodetic Vertical Datum (NGVD), except during a disaster declared by any level of government, including federal, state, or local, or as directed by the Board of County Commissioners of Broward County as being in the best interests of the public. "Garbage" is defined pursuant to Rule 62-701.200, Florida Administrative Code, to mean all kitchen and table food waste, and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials.

 

The proposed Ordinance affirmatively states that it does not prohibit the landfilling of "Class III waste," including yard trash, processed tires, carpet, cardboard, paper, glass, plastic, furniture other than appliances, and other materials that are not expected to produce leachate; "construction and demolition debris"; "sludge" (excluding liquid sludge); "ash residue"; "bottom ash"; or "fly ash," as those terms are defined in Rule 62-701.200, Florida Administrative Code; or nonhazardous soils.

 

Source of Additional Information

Maite Azcoitia, Deputy County Attorney, 954-357-7600

 

Fiscal Impact

Fiscal Impact/Cost Summary

Per the Office of Management and Budget, the estimated impact on the budget does not exceed the threshold required for a Fiscal Impact Statement.