Broward County Commission Regular Meeting
Director's Name: Glenn Wiltshire (Acting Director)
Department: Port Everglades Division: Director’s Office
Information
Requested Action
title
MOTION TO APPROVE Memorandum of Agreement between Broward County and the Division of Waste Management, Florida Department of Environmental Protection, for Remediation with Controls for petroleum contamination within the Common Area Site at Port Everglades pursuant to Sections 403.061(21), 376.30701, and 376.3071, Florida Statutes, and Chapters 62-780 and 62-777 of the Florida Administrative Code; and authorize the Mayor and Clerk to execute same.
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Why Action is Necessary
Broward County Board of County Commissioners approval is required.
What Action Accomplishes
Approves a Memorandum of Agreement for remediation with controls for the Common Area Site located within the Port Everglades Jurisdictional Area.
Is this Action Goal Related
Yes
Previous Action Taken
None.
Summary Explanation/Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.
This action supports the Broward County Board of County Commissioners’ (“Board”) Value of "Encouraging investments in renewable energy, sustainable practices and environmental protection."
This action is to approve a Memorandum of Agreement (“MOA”) between Broward County and the Division of Waste Management, Florida Department of Environmental Protection (“FDEP”) for Remediation with Institutional and Engineering Controls for the Common Area Site within Port Everglades.
Petroleum transfer operations have been conducted at Port Everglades continuously since the 1930s. These operations have and continue to be performed in the locations referred to as the “Common Area Site” in the MOA (see Exhibit 3). Petroleum contamination currently exists within the Common Area Site and is documented in the FDEP’s electronic record management system. Site assessments by FDEP have determined that Institutional Controls and Engineering Controls are appropriate within the Common Area Site. Under this MOA, the County or other Persons Responsible for Site Rehabilitation may expeditiously complete contamination site assessment, remediation, and monitoring, and also eliminate or minimize exposure to contaminants.
Assessment and source removal of the contaminated areas has been conducted by the FDEP under the oversight of Port Everglades Department staff and the Port Everglades Environmental Corporation (“PEECO”) since 1990. Under the provisions of the Florida Administrative Code, Chapter 62-780, recent site assessments conducted by FDEP have determined that source removal in conjunction with Institutional Controls and Engineering Controls to eliminate or minimize exposure to contamination within the Common Area Site will effectively protect human health and the environment.
Per the notification from the Port Everglades Department Director to the Board on January 10, 2020, notice regarding the proposed MOA between Broward County and the FDEP was sent via certified mail by the FDEP to owners having an interest in the affected properties based on a title search. All return receipts were received by March 16, 2020 beginning a 30-day comment period. As no concerns were raised during this period, the Port Everglades Department is submitting the proposed MOA to the Board for its approval.
The MOA has been developed in coordination with the County's Environmental Protection and Growth Management Department and the Office of the County Attorney. The proposed MOA is modeled after the MOA with the FDEP previously approved by the Board on June 9, 2015 for Fort Lauderdale-Hollywood International Airport (Item No. 41) and includes provisions from FDEP’s standard form agreement. The MOA has been reviewed and approved as to form by the Office of the County Attorney. Agreements with FDEP are executed by the County prior to the State’s execution.
Source of Additional Information
Glenn A. Wiltshire, Acting Port Director, Port Everglades Department, (954) 468-3504
Neil J. Kutchera, Assistant Port Director, Petroleum, Port Everglades Department, (954) 468-3520
Fiscal Impact
Fiscal Impact/Cost Summary
There is no fiscal impact associated with this Board action. Funding for any remediation projects covered by the MOA will be provided by FDEP, PEECO, or the responsible petroleum terminal operator.