Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO APPROVE Participation Agreement regarding the Petroleum Products Corporation Superfund Site in substantially the form of Exhibit 1, and authorize the County Administrator to approve any modifications thereto that do not impose any additional material risk or financial obligation on the County, subject to review and approval by the County Attorney’s Office; authorize the Mayor and Clerk to execute the final form of the Participation Agreement; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the executed agreement.
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Why Action is Necessary
Formal Board approval is necessary to approve the Participation Agreement and provide the referenced authority.
What Action Accomplishes
Approves the Participation Agreement and provides the referenced authority.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
Summary Explanation/Background
This item approves a Participation Agreement regarding the Petroleum Products Corporation Superfund Site (“PPC”) among nonfederal parties responsible for site remediation.
The PPC is located in Pembroke Park, Florida, and was operated as a waste oil processor and a storage and distribution facility until 1984. The PPC is currently in the second of three potential phases of remediation to address soil contamination, under the management of the State of Florida.
On June 4, 2024 (Item No. 70), the County approved the Remedial Action Consent Decree (“Consent Decree”) between the affected parties regarding settlement of federal Superfund liability. Under the Consent Decree, a trust fund must be established to provide financial assurances for the required remedial action costs not addressed by the State of Florida.
The Participation Agreement provides for the funding and management of the trust fund. By March 1, 2025, Broward County will pay $16,055 into the trust fund for the County’s share of the volume of waste historically sent to the PPC. For comparison, Miami-Dade County’s payment obligation is $433,875. Per the Consent Decree, future costs will be funded by the parties based on their respective percentage share of liability; Broward County’s share is 5.4948%.
Source of Additional Information
Michael C. Owens, Senior Assistant County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
The source of the funds is within the Transportation Department budget. Current costs are estimated to be $16,055.