AGENDA ITEM REPORT
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A RESOLUTION APPROVING A SETTLEMENT AGREEMENT BETWEEN WASTE MANAGEMENT INC. OF FLORIDA AND THE CITY OF COCONUT CREEK.
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BACKGROUND:
In January, 2009, the City initiated conflict resolution procedures set forth in the Florida Governmental Conflict Resolution Act, pursuant to Chapter 164, Florida Statutes, regarding actions taken by Broward County with regard to variances granted at the 500-acre Class I solid waste landfill known as the Central Disposal Sanitary Landfill or Monarch Hill Landfill (hereinafter “Landfill”). In 2010, the City and Broward County reached an understanding wherein the City would attempt to resolve the issues raised in the 164 proceeding directly with Waste Management Inc. of Florida (hereinafter “WMIF”), the entity operating the Landfill. On September 13, 2010, WMIF and the City entered into a Settlement Agreement that was amended on December 14, 2011.
In late 2014, the City became aware of WMIF/Wheelabrator’s intent to cease operation of the North Broward Waste-to-Energy Plant located at the Monarch Hill Landfill. In addition, we believed that WMIF was landfilling processable waste in violation of our agreement. On November 18, 2014, the City provided WMIF with a pre-suit notice as required under the 2010 Settlement Agreement. On January 16, 2015, WMIF responded to the City’s pre-suit notice denying the allegations set forth by the City. In order to avoid litigation, the City and WMIF engaged in pre-suit mediation regarding the 2010 Settlement Agreement in connection with the general operations of the Landfill and the proposed closure of the North Plant.
DISCUSSION:
The City is committed to resolving the differences it has with WMIF by entering into a Settlement Agreement providing for a limitation on the types and tonnage amounts of waste that can be deposited into the Landfill in exchange for the City agreeing not to object to the Global Amendment between Broward County, WMIF and Wheelabrator that is anticipated to be presented to the Broward County Commission in April 2015.
Attached is the proposed Settlement Agreement between the City and WMIF, which was discussed at the April 1, 2015 and April 6, 2015 Special Commission Meetings. The City Commission recommended several changes at those two (2) meetings. To the extent possible, staff has made the requested changes. The proposed Settlement Agreement will be distributed to the Commission and uploaded to the City’s website.