Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Commission
Information
Requested Action
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MOTION TO AUTHORIZE Office of the County Attorney to execute and file a Joint Motion for Agreed Final Order ("Joint Motion") providing for settlement of the administrative proceeding in Broward County v. Lehigh Hanson Cement South LLC, NOV19-0004.
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Why Action is Necessary
Board approval is necessary to settle this pending administrative proceeding.
What Action Accomplishes
Settlement of pending administrative proceeding.
Is this Action Goal Related
No
Previous Action Taken
Summary Explanation/Background
The proposed Joint Motion for Agreed Final Order ("Joint Motion") would settle alleged violations of Chapter 27 of the Broward County Code of Ordinances under Broward County Notice of Violation NOV19-0004. The alleged violation involved not taking reasonable precautions to prevent unconfined particulate emissions of cement dust during ship unloading operations in violation of the conditions of Air Permit 0111012-006-AF and Section 27-175(h), Broward County Code of Ordinances. The emissions were alleged to have occurred from about August 14, 2017, until about April 25, 2019, affecting areas near Berth 14 at Port Everglades. Respondent, Lehigh Hanson Cement South LLC ("Lehigh"), without admitting to the alleged violations, has executed the Joint Motion.
Under the terms of the proposed Agreed Final Order, Lehigh agrees to pay Broward County $56,800 (comprised of $56,500 in penalties and $300 in administrative cost reimbursement) within thirty (30) days and has implemented the following corrective actions: 1) daily monitoring of unloading operations with routine inspections of unloading equipment and completed and reviewed inspection reports; 2) training and clear communication to employees that unloading operations will be stopped immediately in the event of equipment malfunction that result...
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