Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO ENACT Ordinance, the title of which is as follows: (Continued from November 12, 2024 - Item No. 56)
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 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.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
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 ("Board") 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.
The initial public hearing for this item was held on November 12, 2024 (the "Initial Public Hearing"). The materials included in this agenda item as Exhibit 2 were submitted by the Planning Council in connection with the Initial Public Hearing. In response to comments received at the Initial Public Hearing, language has been added to line 20 of Exhibit 1 to expressly provide that the prohibitions of the proposed Ordinance are limited to landfilling within Broward County (this is not a substantive change as the County exercises regulatory power only within Broward County).
County Administration has submitted an amendment to the proposed Ordinance included in this item as Exhibit 3 ("CA Amendment"). The CA Amendment expands upon the exception to permit the County Administrator to authorize the landfilling of "garbage" while the Board is in recess, following an express finding that such landfilling would be in the best interests of the public. If adopted, it would enable County Administration to respond to urgent circumstances disrupting critical operations (including, without limitation, fires or local flooding causing the temporary shutdown of a waste-to-energy plant), but that may not be the subject of an emergency declaration, while the Board is in recess.
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.