Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on February 3, 2026, at 10:00 a.m., in Room 422 of Governmental Center East to consider enactment of a proposed Ordinance, the title of which is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO BROWARD COUNTY’S SEWER USE; AMENDING SECTION 34-138 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”); ADDING REGULATORY LANGUAGE TO FACILITATE COMPLIANCE WITH PROMULGATED CHANGES TO CHAPTER 62-625, FLORIDA ADMINISTRATIVE CODE, AND THE FEDERAL STREAMLINING RULES OUTLINED IN TITLE 40, CODE OF FEDERAL REGULATIONS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by the Board of County Commissioners)
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Why Action is Necessary
Applicable law requires the publication of notice and a public hearing for enactment of amendments to the Broward County Code of Ordinances (“Code”).
What Action Accomplishes
Enables the setting of a public hearing during which the Board of County Commissioners (“Commission”) may consider enacting the proposed Ordinance.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
Summary Explanation/Background
The Florida Department of Environmental Protection (“FDEP”) conducts periodic reviews of each county’s Sewer Use Ordinance (“SUO”) to ensure consistency with state and federal wastewater program requirements. Following its most recent review, FDEP notified Broward County (“County”) that minor revisions to the County’s SUO, codified in Section 34-138 of the Code, are necessary to maintain compliance with Chapter 62-625 of the Florida Administrative Code, and federal pretreatment regulations under Title 40 of the Code of Federal Regulations.
The recommended updates pertain specifically to the Purpose and Policy section of the SUO. FDEP requires that the SUO expressly state the County’s obligations to:
1. Prevent interference with the operation of the County’s wastewater treatment facility;
2. Prevent pass-through of pollutants that could harm water quality or violate permit standards;
3. Protect the general public and County wastewater personnel from exposure to harmful substances; and
4. Improve opportunities to recycle or reclaim wastewater, sludge, and associated byproducts.
In addition, FDEP recommends that the Ordinance include a provision addressing the equitable distribution of costs associated with the operation, maintenance, and improvement of the County’s wastewater treatment system.
On September 16, 2025, the Commission approved a motion directing the County Attorney to draft amendments to Chapter 34, Article VI, to incorporate these regulatory updates and ensure the County’s compliance with the Florida Administrative Code and Federal Streamlining Rules within the Code of Federal Regulations.
If enacted, the proposed Ordinance will incorporate FDEP’s recommended language into Section 34-138 of the Code.
Source of Additional Information
Michael J. Kerr, Chief Counsel, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
The Fiscal Impact Statement by the Office of Management and Budget will be provided at the time of the public hearing, in compliance with Section 18.5.e.7 of the Broward County Administrative Code.