HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-134Temp. Reso. # 11939
October 11, 2010
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2010 / 3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING A NEW
INTERLOCAL AGREEMENT PROVIDING FOR THE
RESOURCE RECOVERY BOARD WITHIN BROWARD
COUNTY AND FOR THE BROWARD SOLID WASTE
DISPOSAL DISTRICT; AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE SAID AGREEMENT AND
TAKE ALL STEPS NECESSARY TO EFFECTUATE THE
INTENT OF THE RESOLUTION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in the mid-1980s, the state and federal governments have discouraged
the use of landfills as the sole method of disposal of solid waste, and encouraged the
development of alternative energy resources; and
WHEREAS, on November 25, 1986 Broward County (the "County") and 22
participating municipalities (the "Contract Communities"), executed an Interlocal Agreement
(the "Current ILA"), for solid waste services, which created an integrated waste
management system known as the Resource Recovery System, and a special district
known as the Solid Waste Disposal District governed by its Resource Recovery Board, the
Current ILA is incorporated herein by reference and on file in the Office of the City Clerk;
and
WHEREAS, the Broward Solid Waste Disposal District has been a dependent
district of the County; and
WHEREAS, under the Current ILA, the representation on the Resource Recovery
Temp. Reso. # 11939
October 11, 2010
Page 2
Board has been limited to one member of the County Commission and eight members
among all of governing bodies of the Contract Communities; and
WHEREAS, since the 1986 execution of the Current ILA, the Resource Recovery
System has caused to be constructed and put into operation two waste -to -energy plants to
process solid waste; expanded to include a Materials Recovery Facility for the processing
of recyclables, a Household Hazardous Waste Program, an Electronics Recycling
Program; and
WHEREAS, on August 4, 1991 the County entered into The Solid Waste Disposal
Service Agreement between Broward County, Florida and Wheelabrator South Broward,
Inc. for the operation of the south waste -to -energy facility, and on March 22, 1992 the
County entered into The Solid Waste Disposal Service Agreement between Broward
County, Florida and Wheelabrator North Broward, Inc. for the operation of the north waste -
to -energy facility; and
WHEREAS, on March 25,1987, the City of Tamarac became a Contract Community
by passing the Current ILA, via Resolution R-87-99, incorporated herein by reference and
on file in the Office of the City Clerk, thereby entitling it to the use of and benefits of the
Resource Recovery System; and
WHEREAS, the Current ILA expires on July 2, 2013; The Solid Waste Disposal
Service Agreement between Broward County, Florida and Wheelabrator South Broward,
Inc., expires August 4, 2011; The Solid Waste Service Disposal Agreement between
Broward County, Florida and Wheelabrator North Broward, Inc., expires on March 22,
2012; and
Temp. Reso. # 11939
October 11, 2010
Page 3
1.1
WHEREAS, the Resource Recovery Board has crafted a new ILA, titled "An
Interlocal Agreement Providing for the Resource Recovery System within Broward County
and for the Broward Solid Waste Disposal District" (the "New ILA") that if approved, will
commence on August 4, 2011 for a period of ten (10) years with one (1) ten-year renewal
option,, would make the District an independent district and would provide for
representation of each of the Contract Communities on the Resource Recovery Board, a
copy of the New ILA is hereto attached as "Exhibit 1"; and
WHEREAS, the Resource Recovery Board has negotiated a new Solid Waste
Disposal Agreement between Wheelabrator South Broward, Inc., Wheelabrator North
Broward, Inc., and the Broward Solid Waste Disposal District dated as of December 31,
2010 with terms, conditions and costs favorable to the participating municipalities that sign
the New ILA, the Disposal Agreement is incorporated herein by reference and on file in the
Office of the City Clerk; and
WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best
interest of the citizens, residents, and businesses within the City to enter into the New ILA
to provide continuity of service for the disposal of solid waste generated in the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
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Temp. Reso. # 11939
October 11, 2010
Page 4
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof. All Exhibits attached hereto are hereby incorporated herein and
made a specific part of this resolution.
SECTION 2: The City Commission hereby approves the New ILA Providing
for the Resource Recovery System within Broward County and for the Broward Solid
Waste Disposal District, attached hereto as "Exhibit 1 ", and authorizes the appropriate City
Officials to accept and execute the New ILA and to take all steps necessary to effectuate
the intent of this resolution.
SECTION 3: The Contract Communities, and those municipalities in Broward
County that are not Contract Communities, are urged to execute and participate in the New
ILA.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in
part or application, it shall not affect the validity of the remaining portions or applications of
this Resolution.
1
1
1
1
1
SECTION 5:
passage and adoption.
Temp. Reso. # 11939
October 11, 2010
Page 5
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this day
ATTEST:
, 0�
BETH TALABIS
MAYOR
PETER M. J. RIC ARDSON, CRM, CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
,.,j SAMIUEL S. GOREN
CITY ATTORNEY
MAYOR TALABISCO
DIST 1: COMM. BUSHNELL I
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASSER
DIST 4: VM. DRESSLER
,2010.
AN
INTERLOCAL AGREEMENT
PROVIDING FOR
THE RESOURCE RECOVERY SYSTEM WITHIN BROWARD COUNTY
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INDEX
ARTICLE
PAGENO.
1 BACKGROUND......................................................................................3
2 DEFINITIONS.....................................................................................8
3 BROWARD SOLID WASTE DISPOSAL DISTRICT/
RESOURCE RECOVERY BOARD/EXECUTIVE BOARD........................15
4 FACILITIES AND COMMITMENT OF WASTE STREAM ..................... 24
5 OBLIGATIONS RELATING TO OPERATIONS ...................................... 29
6 ANNUAL AUDIT.....................................................................................31
7 ASSETS AND LIABILITIES OF THE DISTRICT.......................................32
8 OBLIGATIONS UNDER THIS AGREEMENT ARE NOT
INDEBTEDNESS OF ANY CONTRACT COMMUNITY
ORCOUNTY......................................................................................33
9 RELATIONSHIPS OF THE PARTIES......................................................33
10
MISCELLANEOUS................................................................................34
11
INDEMNIFICATION...............................................................................39
12
CONTRACTS WITH HAULERS..............................................................39
13
CESSATION.............................................................................................39
14
DURATION............................................................................................40
15
RATIFICATION OF INTERLOCAL AGREEMENT....................................41
EXHIBIT A
Names of Contract Communities........................................................45
EXHIBIT B
Names to Whom Notices Are to be Directed....................................46
EXHIBIT C
Ordinance Establishing Solid Waste Flow Control
............................47
EXHIBIT D
Reporting Requirements......................................................................53
2
AGREEMENT
This Agreement dated for convenience December 31, 2010, between BROWARD
COUNTY, a political subdivision of the State of Florida, its successors and assigns, by and
through its Board of County Commissioners, hereinafter referred to as COUNTY":
The Municipalities whose names appear in Exhibit "A" attached hereto and made a part
hereof, their successors and assigns, hereinafter referred to as "CONTRACT COMMUNITIES":
ARTICLE 1
BACKGROUND
1.1 General Statement
In order to establish the background, context and frame of reference for this Agreement
and to provide a general background regarding the objectives and intentions of the
COUNTY and the CONTRACT COMMUNITIES, the following statements, representations
and explanations are predicates for the undertaking and commitments included within the
provisions which follow and shall be construed as essential elements of the mutual
considerations upon which this Agreement is based.
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1.2 Historical Background and Findings
During the 1980s, the State of Florida and the federal government began discouraging the
use of landfills as the sole method of disposal for solid waste, and encouraged the
development of alternative energy resources. In response, Broward County and 22 of its
municipalities sought a joint solution through the execution of an Interlocal Agreement
(ILA). On November 25, 1986, the COUNTY and participating municipalities executed an
ILA for solid waste services, which created an integrated waste management system
(Resource Recovery System) and a special district known as the Broward Solid Waste
Disposal District. (This 1986 ILA will hereinafter be referred to as the Predecessor
Agreement). In keeping with the legislation and environmental policies outlined below, the
Predecessor Agreement focused on waste -to -energy as the major element of the original
Resource Recovery System. Over time, three new cities were formed as a result of
incorporation and they executed the Predecessor Agreement.
Since 1986, the Resource Recovery System has expanded to include a Materials Recovery
Facility for processing of recyclables, a Household Hazardous Waste Program, an
Electronics Recycling Program, and other elements in addition to the two waste -to -energy
plants that were constructed following the execution of the Predecessor Agreement.
Each of the parties to this new Interlocal Agreement wishes to continue the existence of
the integrated solid waste management system for Broward County, which is the Broward
Resource Recovery System, and agrees to have the Broward Resource Recovery System
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maintained, funded and run by the Broward Solid Waste Disposal District in the form and
manner provided for herein.
The findings made by the COUNTY and municipalities that signed the Predecessor
Agreement are outlined below:
Because of Broward County's contour, elevation and high ground water, disposal of solid
waste through landfills has been discouraged. The United States Congress and Legislature
of the State of Florida (the "State") have discouraged the dumping or burying of solid
waste matter and the use of sanitary landfills as the sole method of disposal of solid waste.
The County and the Contract Communities, therefore, make the following findings:
(a) Because of environmental concerns with utilization of landfilling as the sole method of
disposal of solid waste generated by the residents and businesses of and visitors to
Broward County, Florida, the Contract Communities have sought a joint solution to
such concerns.
(b) The Contract Communities and the County have found and determined that the policy
of the United States Congress regarding the elimination of solid waste as provided in 42
U.S.C. Section 6901 is toward recovery of resources from such waste.
(c) The United States Congress has found with respect to energy that:
1. Waste represents a potential source of solid fuel, oil, or gas that can be converted
into energy.
2. The need exists to develop alternative energy sources for public and private consumption
in order to reduce the nation's dependence on such sources as petroleum products,
natural gas, nuclear and hydro -electric generation; and
3. Technology exists to produce energy from solid waste.
(d) Chapter 403, Part IV, Florida Statutes, sets forth the State of Florida Resource Recovery
Management Act. The act's purpose is to require plans and regulations for the storage,
collection, transportation, separation, processing, recycling, and disposal of solid waste to
protect the public's health, safety, and welfare. Likewise, such Act has deemed it a public
purpose to establish and maintain a state program for the planning and technical assistance of
resource recovery and management through, among other things, the promotion of recycling,
reuse or treatment of solid waste, including recycling of solid waste to produce electric power.
(e) Additionally, Section 403.713, Florida Statutes, provides that local governments undertaking
resource recovery of solid waste pursuant to general law or special law may control the
collection and disposal of solid waste for the purpose of insuring that resource recovery facilities
receive an adequate quantity of waste from solid waste generated within the boundaries of the
local governmental jurisdiction.
(f) The State Comprehensive Plan (Chapter 187, F.S.) establishes a number of policies regarding
energy production and the reduction of solid waste landfilling including:
1. Energy Policy No. 5 - Reduce the need for new power plants by encouraging end -use
efficiency, reducing peak demand and using cost-effective alternatives.
2. Energy Policy No. 9 — Promote the use and development of renewable energy resources and
low -carbon -emitting electrical power plants.
N.
3. Waste Policy No. 9 — Encourage the research, development and implementation of
recycling, resource recovery, energy recovery, and other methods of using garbage, trash,
sewage, slime, sludge, hazardous waste, and other waste.
1.3 Pursuant to F.S. 163.01 and F.S. 403.706(19), Broward County determines that it is in the best
interest of the residents of Broward County to grant to the Broward Solid Waste Disposal District
its power to manage solid waste, to the extent provided in this Interlocal Agreement.
1.4 It is recognized by Contract Communities and County that the Resource Recovery System will be
operated, maintained and repaired by the DISTRICT or full service contractors retained by the
DISTRICT in reliance upon the existence and delivery of the solid waste generated in the Contract
Communities and unincorporated County, except solid waste which is transported outside the
State of Florida, and the revenue generating capabilities of the special district provided for herein.
1.5 It is further recognized by CONTRACT COMMUNITIES and COUNTY that the COUNTY is entering
into this Agreement both representing the unincorporated County, a waste generation area with
solid waste requiring disposal, and as the party that has the ultimate responsibility for disposal of
solid waste within Broward County pursuant to Section 403.706(b)(1), Florida Statutes.
1.6 Interlocal Agreement
(a) This Agreement is an interlocal agreement entered into pursuant to Section 163.01,
Florida Statutes, the Florida Interlocal Cooperation Act of 1969, as amended.
(b) Prior to the effectiveness of any provision of this Agreement and subsequent Amendments
hereto, this Agreement and any such subsequent amendments shall be filed with the Broward
County Clerk of the Circuit Court as provided by Section 163.01(11), Florida Statutes.
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1.7 Construction of Interlocal Agreement
The word "shall" as used in this Agreement shall in all cases be construed to be mandatory and to
require the action so modified by the word "shall' to be taken without regard to the exercise of
discretion.
ARTICLE 2
DEFINITIONS
The following contains the definitions of the terms as applied to this Agreement:
2.1 Administrator. The term "Administrator" or "County" Administrator" shall mean the County
Administrator of the Broward County government by the Charter of Broward County, Florida.
2.2 Agreement. The term "Agreement" shall mean this Inter Local Agreement (ILA) between the
County and Contract Communities
2.3 Board of County Commissioners. The term 'Board of County Commissioners" or "County
Commissioners" or "County Commission" shall mean the Board of County Commissioners of
Broward County, Florida.
2.4 CONTRACT COMMUNITY. The term "CONTRACT COMMUNITY" OR "CONTRACT COMMUNITIES"
shall mean the municipal corporation or corporations existing under the laws of the State of
Florida, located within the COUNTY and whose names appear in Exhibit A to this Agreement.
2.5 COUNTY. The term "COUNTY" shall mean, depending upon the context, either (a) the
geographical area contained within unincorporated Broward County, Florida, a political
subdivision of the State of Florida, or (b) the government of Broward County, acting through the
County Commission or its designee.
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2.6 Disposal Facility(ies). The term "Disposal facility(ies)" means that portion of the Resource
Recovery System where solid waste will be disposed of pursuant to this Agreement within the
Resource Recovery System.
2.7 Disposal Obligation. The term "disposal obligation" shall mean the obligation of the DISTRICT to
provide for the disposal of all solid waste that is generated in each CONTRACT COMMUNITY and
in the unincorporated County and delivered to a Resource Recovery System facility or transfer
station designated pursuant to the Plan of Operations.
2.8 District. The term "District" shall mean the Broward Solid Waste Disposal District, an
independent special district formed pursuant to this Interlocal Agreement, and state law. The
geographic boundaries of the DISTRICT shall include and be coterminous with the geographic
boundaries of the CONTRACT COMMUNITIES that have executed this agreement and
unincorporated Broward County.
2.9 Facility Operator. The term "facility operator" shall mean full service contractors or other
operators of a part of the Resource Recovery System, including the District or County.
2.10 Fiscal Year. The term "fiscal year" shall mean October 1 to September 30 of the following year.
2.11 Full Service Contractor(s). The term "full service" contractor(s)" shall mean a person, firm or
corporation that has entered into an agreement or agreements with the DISTRICT to design,
construct, test, maintain, repair and operate Resource Recovery System facilities.
2.12 Haulers. The term "haulers" shall mean those persons, firms, corporations or governmental
agencies which collect solid waste (either under oral or written contract, license, permit or
otherwise) within the geographic boundaries of the CONTRACT COMMUNITY(IES) or the
Q*
unincorporated County, or provide for the transportation and delivery of such solid waste to
facilities inside or outside the District.
2.13 Materials Recovery Facility. The term "Materials Recovery Facility" or "MRF" shall mean the
facility or facilities constructed, operated, maintained and repaired or caused to be constructed,
operated, maintained, and repaired by DISTRICT pursuant to this Agreement for the purposes of
receiving, processing, transferring, and shipping materials that are intended for reuse or
recycling. The Materials Recovery Facilities shall be deemed to be a part of the Resource
Recovery System for the term of the Materials Recovery Facility Contract with the District.
2.14 Materials Recovery Facility Contract. The term "Materials Recovery Facility Contract" or MRF
Contract shall mean the contract(s) entered into between COUNTY, DISTRICT and full service
contractor(s), for the purpose of designing, constructing, testing, operating, maintaining, and
repairing a Materials Recovery Facility as part of the Resource Recovery System.
2.15 North Facility. The term "North Facility" shall mean the waste to energy plant operated by
Wheelabrator North Broward, Inc., located at 2600 NW 48th Street in Pompano Beach, Florida,
which is part of the Resource Recovery System serving the CONTRACT COMMUNITIES and the
unincorporated County located in the northern part of the COUNTY, as directed in the Plan of
Operations.
2.16 Plan of Operations. The term "Plan of Operations" shall mean the plan for the operation of
the Resource Recovery System that is adopted, amended or revised by the Resource Recovery
Board in the manner set forth in Section 5.4 hereof.
2.17 Predecessor Agreement. The term "Predecessor Agreement" means the interlocal agreement
which created the Resource Recovery System within Broward County and the Broward Solid
MIS
Waste Disposal District, a dependent special district. The term of the Predecessor Agreement is
from 1986 to 2013 (except as modified by this Agreement). As of January 1, 2010, the
Predecessor Agreement was executed by the County and the following Contract Communities:
Coconut Creek, Cooper City, Coral Springs, Davie, Deerfield Beach, Fort Lauderdale, Hillsboro
Beach, Hollywood, Lauderdale Lakes, Lauderdale -by -the -Sea, Lauderhill, Lazy Lake, Lighthouse
Point, Margate, Miramar, North Lauderdale, Oakland Park, Pembroke Park, Plantation, Sea
Ranch Lakes, Sunrise, Southwest Ranches, Tamarac, West Park, Weston and Wilton Manors.
2.18 Processable Waste. The term "processable waste" shall mean that portion of the waste stream
which is capable of being processed of the North Facility or the South Facility, including but not
limited to, all forms of household and other garbage, trash, rubbish, and refuse, as well as
combustible agricultural, commercial and light industrial waste, the combustible portion of
construction and demolition debris, leaves and brush, paper and cardboard, plastics, wood and
lumber, rags, carpeting, tires, wood furniture, mattresses, stumps, wood pallets, timber, tree
limbs, ties, and logs. Processable Waste does not include any recyclable material that is source
separated (i.e., removed from the waste stream at the point of generation) and recycled.
However, Processable Waste includes the non -recyclable waste that remains after recyclable
materials have been removed from the waste stream, regardless of whether the recyclable
materials are source separated or removed from the waste stream at another location.
Processable Waste does not include Unacceptable Waste, except to the extent consistent with
the regulatory and permit requirements applicable of processing of waste by the North Facility
and South Facility, and to the extent that minor amounts of Unacceptable Waste or
Unprocessable Waste may be contained lawfully in Processable Waste.
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2.19 Recovered Materials. The term "recovered materials" shall have the meaning provided in F.S.
403.703(24).
2.20 Resource Recovery Board. The term "Resource Recovery Board" or "RRB" shall mean the
governing Board of the District, which shall be established by this Agreement and which shall
perform the tasks set forth in this Agreement. The Resource Recovery Board shall be composed
of both the full Resource Recovery Board as provided in Section 3.2 of this Agreement and its
Executive Board as provided in Section 3.3 of this Agreement. Reference to "the Resource
Recovery Board" or "governing body of the District" in this Agreement shall be a general
reference to both the full Resource Recovery Board and the Executive Board, unless specified as
a power, duty, or function of the "full Resource Recovery Board" or the "Executive Board of the
Resource Recovery Board" or "Executive Board."
2.21 Resource Recovery System. The term "Resource Recovery System" shall mean the facilities
which are constructed, operated, maintained and repaired pursuant to this Agreement or
within the regulatory jurisdiction of the District for the purpose of transfer, recycling, or
disposal of solid waste, Recovered Materials, or other materials designated by the RRB, the
CONTRACT COMMUNITIES and the unincorporated County, and the recovery and sale of
material-, and energy, therefrom, including all landfills, contingency landfills, transfer stations,
treatment facilities and electrical generation facilities, attendant to the Resource Recovery
System.
2.22 Service Agreement (s). The term "service agreement" shall mean the agreements entered into
between the District and (a). Wheelabrator South Broward, Inc. and Wheelabrator North
Broward, Inc., respectively, for the purpose of operating, maintaining and repairing the South
waste to energy facility and North waste to energy facility, respectively, or (b). any other full
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service contractor for the purpose of operating, maintaining, and repairing a part of the
Resource Recovery System.
2.23 Solid Waste. The term "solid waste" shall be as provided in F.S. 403.703.
2.24 South Facility. The term "South Facility" shall mean the waste to energy plant and the ash
monofill that are operated by Wheelabrator South Broward, Inc., located at 4400 South State
Road 7 in Fort Lauderdale, Florida and are part of the Resource Recovery System serving the
CONTRACT COMMUNITIES and the portions of the unincorporated County located in the
southern part of the COUNTY, as directed in the Plan of Operations.
2.25 Tipping Fee. The term "tipping fee" shall mean the fees imposed on haulers pursuant to this
Agreement for the delivery of solid waste to the Resource Recovery System.
2.26 Ton. The term "ton" is used to express a unit of weight equal to two thousand (2,000) pounds
or .907 metric tons.
2.27 Transfer Stations. The term "transfer stations" means the sites and receiving facilities
constructed, operated, maintained and repaired by the DISTRICT or a full service contractor or a
facility operator retained by the DISTRICT for the acceptance of solid waste for transfer to
Resource Recovery System disposal facilities.
2.28 Unacceptable Waste. The term "unacceptable waste" shall mean motor vehicles, trailers,
comparable bulky items of machinery or equipment, highly flammable substances, hazardous
waste, sludges, pathological and biomedical waste, biological wastes, liquid wastes, sewage,
manure, explosives and ordinance materials, radioactive materials, and any material that cannot
lawfully be accepted for disposal in the North Facility or the South Facility
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2.29 Unincorporated County. The term "unincorporated County" shall mean the geographical areas
of the COUNTY which are not within the boundaries of any municipal corporation.
Unincorporated COUNTY shall be treated in all respects under the terms and conditions of this
Agreement as a CONTRACT COMMUNITY.
2.30 Unprocessable Waste. The term "unprocessable waste" shall mean that portion of the District's
waste stream that is predominantly noncombustible and therefore should not be processed in
the North Facility or the South facility. Unprocessable Waste shall include, but not be limited to,
metal furniture and appliances, concrete rubble, mixed roofing materials, noncombustible
building debris, rock, gravel and other earthen materials, equipment, wire and cable, and any
other item exceeding six feet in any one of its dimensions or being in whole or in part of a solid
mass, the solid mass portion of which has dimensions such that a sphere with a diameter of
eight inches could be contained within such solid mass portion, and Processable Waste (to the
extent that it is contained in the normal Unprocessable Waste stream). Unprocessable Waste
includes the noncombustible portion of construction and demolition debris, as defined in
Section 403.706(6), Florida Statutes (2009). Unprocessable Waste also includes all other items of
Solid Waste, the acceptance and disposal of which, in the judgment of the North Facility or
South Facility, reasonable exercised, would be likely to (a) pose an unacceptable risk to health or
safety, (b) cause damage to the Facility, or (c) be in violation of an applicable judicial decision,
permit, authorization, license, approval, law or regulation. Unprocessable Waste does not
include Unacceptable Waste, which the District shall not knowingly deliver to the North and
South Facility, and each of the Facilities shall not knowingly accept and shall have the right to
exclude.
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ARTICLE 3
HOWARD SOLID WASTE DISPOSAL DISTRICT/
RESOURCE RECOVERY BOARD/EXECUTIVE BOARD
3.1 The CONTRACT COMMUNITIES and COUNTY agree that there shall be created an independent
special district to be known as the "Broward Solid Waste Disposal District" pursuant to and
consistent with Sections 163.01, 189.4041, 403.706(12)(15), and (19)and 403.713 of the Florida
Statutes, and this Agreement. The District shall have the authority and duty to establish, operate
and maintain the Resource Recovery System as described in this agreement.
(a). The Powers of District
The governing body of the District shall have the following general powers. Such general
powers shall be exercised by the Executive Board of the Resource Recovery Board unless they
are specifically provided to be exercised by the full Resource Recovery Board in Section 3.2.
(1). Adopt, alter, rescind, modify, or amend rules, guidelines, and orders necessary for the
operation of the Broward Solid Waste Disposal District and the Resource Recovery System
within the District in accordance with Chapter 403, Florida Statutes and all other applicable law.
(2). Adopt and implement a resource recovery and waste management program for the District
that shall provide for the transportation, storage, separation, processing, recovery, recycling, or
disposal of solid waste and recovered materials generated or existing within the District and
modify and update such program or plan as may be required or allowed by law. Specifically, the
District shall have the authority to provide solid waste reduction, education and public
information programs, a -waste recycling, regional yard waste processing, household hazardous
waste drop-off facilities, recycled material processing programs, research and development
activities and emergency debris processing and disposal.
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(3). Acquire, at its discretion, personal or real property or any interest therein by gifts, lease,
eminent domain, or purchase.
(4). Appoint a District Counsel who shall act as the general counsel and advisor to the Resource
Recovery Board, the Executive Board, and the District. The District Counsel shall have such
duties as prescribed by the governing body of the District and serve at the pleasure of same.
(5). Appoint an executive director to be responsible for the operation of the DISTRICT in
accordance with the policies and decisions of the governing body of the District and who shall
serve at the pleasure of the governing body of the District.
(6). Authorize the operation and management of the District in the manner it deems
appropriate, including but not limited to, the employment of personnel and/or the contracting
for services. Personnel shall be appointed or removed by the executive director. Employees
shall report to and serve at the direction of the executive director.
(7). Require surety bonds for any of the District's officers and employees in such amounts as the
governing body deems necessary. The premiums for the bonds shall be paid by the District in
the same manner as any other operating expense.
(8). Sue and be sued, implead and be impleaded, and complain and defend in all courts.
(9). Adopt, use, and alter a corporate seal.
(10). Acquire, construct, reconstruct, improve, maintain, equip, furnish, and operate at its
discretion such resource recovery and waste management facilities as are required to carry out
the purposes and intent of this Agreement and to meet the requirements of Chapter 403,
Florida Statutes, and other applicable law.
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(11). Conduct studies, develop programs, provide continuing management and monitoring of
waste and recovered materials projects, programs, and facilities directly or indirectly affecting
the Resource Recovery System or the District and contract with governmental agencies,
individuals, public or private corporations, municipalities, districts or any other person to
achieve the purposes of this Agreement and the requirements of Chapter 403, Florida Statutes,
and other applicable law.
(12). Establish such reasonable rates, fees and other charges and revenue sources allowed by
law to sufficiently fund the Resource Recovery System and the maintenance of the District,
including but not limited to its administration, management, operation, enforcement, debt
service, reserve accounts or any other obligations or services necessary or convenient for the
operation of the Resource Recovery System in compliance with this Interlocal Agreement and
applicable law.
(13). Develop, approve and manage an annual revenue and expense budget sufficient for the
operation of the District.
(14). Issue any bonds or other instruments related to short or long term borrowing, and letters
of credit or debt that relate to the Resource Recovery System, which it deems necessary or
convenient for the operation of the District.
(15). Enforce waste flow control ordinances and flow control provisions of hauler contracts as
the agent for Contract Communities and the County.
(b). The Duties of District.
The governing body of the District shall have the following duties which shall at a minimum be
performed. Such duties shall be exercised by the Executive Board of the Resource Recovery
17
Board unless they are specifically provided to be exercised by the full Resource Recovery Board
in Section 3.2.
(1). Adopt a Plan of Operations for the District;
(2). Establish tipping fees, rates, and other charges and revenue sources to sufficiently fund the
Resource Recovery System and the maintenance of the District. All fees, rates and other charges
shall be approved by resolution of the Resource Recovery Board. Tipping fees for processable
waste shall be calculated and established by the Resource Recovery Board at least 120 days
preceding the beginning of each fiscal year and shall be effective for the next ensuing fiscal year,
unless amended in compliance within the provisions in this Agreement;
(3). Develop, approve and manage an annual revenue and expense budget;
(4). Enforce the solid waste flow control ordinances and the flow control provisions of hauler
contracts, as the agent for the Contract Communities and the County, if and to the extent such
action is necessary to comply with the District's obligations under this Agreement and the
service agreements.
3.2 Composition, Powers and Meetings of the Full Resource Recovery Board.
(a). The full Resource Recovery Board shall be comprised of one County Commissioner
appointed by the Broward County Commission and one member of the governing body of each
Contract Community appointed by the governing body of that Contract Community. The full
Resource Recovery Board shall have the following duties and responsibilities:
(1). Selection of the Executive Board, as provided in Section 3.3.
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(2). Selection of a Chair of the full Resource Recovery Board, who shall serve also as the Chair of
the Executive Board.
(3). Selection of a Vice Chair of the full Resource Recovery Board, who shall serve as the Chair of
the full Resource Recovery Board and Executive Board when the Chair is not physically present
at a meeting of either body.
(4). Approval of the annual budget of the District.
(5). Approval of the annual tipping fee charged to Contract Communities.
(6). Adoption annually of the Plan of Operations.
(7). Approval of any new service agreements with Wheelabrator North and South, or any
amendments to same.
(8). Approval of the engagement of the Executive Director of the District.
(9). Approval of the engagement of the District Counsel.
(10). Approval of any bonds as defined in F.S. 166.101(1).
(11). Approval of any agreement for contractual services to the District for $100,00.00 or more,
or where contractual services shall be supplied to the District in excess of 12 months.
(12.) Approval of such rules as are necessary and convenient for the conduct of its meetings.
A quorum at any meeting of the full Resource Recovery Board shall be those members physically
present equal to one-third (1/3) of all Resource Recovery Board members appointed pursuant to
3.2(a).
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(b). The full Resource Recovery Board shall meet twice yearly: at 2:00 p.m. on the third
Thursday of September and at 2:00 p.m. on the third Thursday of March, of each year.
However, the full Resource Recovery Board may meet more often than twice annually when the
Executive Board or the Executive Director has requested a meeting of the full Resource Recovery
Board.
(c). No action of the full Resource Recovery Board shall be determined to be approved unless:
(1). The action is approved by a majority of the members physically present at a full Resource
Recovery Board meeting, and
(2). The action is approved by the full Resource Recovery Board members representing
CONTRACT COMMUNITIES and County evidencing a majority of the average tonnage remitted to
the North Facility and South Facility among the members physically present, at a full Resource
Recovery Board meeting.
Board Calculations utilized shall be for the last full fiscal year prior to the action of the Resource
Recovery Board voted on.
3.3 Composition, Powers and Meetings of the Executive Board.
(a). There is hereby created an Executive Board of the Resource Recovery Board. The Executive
Board shall be chosen as follows:
The Executive Board shall be comprised of 11 members.
(1). One (1) member shall be appointed by the County Commission.
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(2). At the first full Resource Recovery Board meeting subsequent to August 4, 2011,
and every two years thereafter, 10 members of the Executive Board shall be appointed
as follows:
Based upon population figures contained in the latest estimate of population published
by the University of Florida Bureau of Economics and Business, Contract Communities
shall be separated in 3 parts of equal member Communities based upon population.
These shall be: 1/3 of the Communities with the largest populations; 1/3 of the
Communities with the next largest populations; 1/3 of the Communities with the
smallest populations. (Where the number of Contract Communities is not evenly
divisible by 3, the extra Community(ies) shall be deemed a part of the largest 1/3 of
Communities
i). Five members shall be selected by the full Resource Recovery Board from
among members from the 1/3 of the Contract Communities with the largest
populations.
ii). Three members shall be selected by the full Resource Recovery Board from
among members from the 1/3 of the Contract Communities with the next
largest populations.
iii). Two members shall be selected by the full Resource Recovery Board from
among members from the 1/3 of the Contract Communities with the smallest
populations.
(b). The Executive Board shall meet at least quarterly. The Executive Board shall have all powers
and responsibilities provided in Section 3.1 of this agreement except for those specifically
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reserved for the full Resource Recovery Board as provided in Section 3.2 of this agreement. The
Executive Board shall have the power to amend the annually approved Plan of Operations, which
shall be operative until further action of the full Resource Recovery Board.
A quorum of the Resource Recovery Board shall be five (5) members. Actions of the Executive
Board shall be determined to be approved by a majority vote of the members physically_present.
The Executive Board shall approve such rules as are necessary and convenient for the conduct of
its meetings.
(c). Each member of both the full Resource Recovery Board and the Executive Board shall serve a
term of two years. All members appointed by the Contract Communities or the County, shall be
elected officials of their respective Contract Communities or County Commission, as the case may
be. Should a member cease to be a duly qualified elected official, the appointing authority which
appointed such individual to the Resource Recovery Board shall select a successor to serve for the
remaining term of the original appointment.
3.4 Technical Advisory Committee. There is hereby created a Technical Advisory Committee
composed of representatives of each CONTRACT COMMUNITY and unincorporated County as
follows:
(a) The chief administrative officer of each CONTRACT COMMUNITY and COUNTY shall
appoint a representative who shall serve until replaced from the public works, utilities
or such other department which performs similar functions for the CONTRACT
COMMUNITY and unincorporated County. In addition to the regular TAC representative,
the chief administrative officer may also designate an alternate representative, who
performs similar functions for the CONTRACT COMMUNITY, who shall also serve until
replaced. Alternate representatives may attend and participate in the TAC meetings or
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TAC subcommittee meetings, but may only be counted toward a quorum and vote in the
absence of the appointed representative. The Resource Recovery Board shall appoint
for two (2) year terms up to five (5) additional members representing waste generators,
recycling or environmental interests and private waste collection companies.
(b) Each member of the Technical Advisory Committee shall be appointed on the basis of
his or her technical or professional background or knowledge of the solid waste industry
or a related profession, which may include engineering, solid waste management or
other related activities.
(c) Regular meetings of the Technical Advisory Committee shall be held in accordance with
a schedule approved by the committee but not less than at least once per quarter and
not less than a total of four (4) times per year.
(d) Any member of the TAC having four (4) or more unexcused absences from the TAC
meetings within a fiscal year will be reported to the CONTRACT COMMUNITY by the TAC
chair.
(e) At the first meeting of the new calendar year, the TAC members will elect a chair or vice
chair to serve for one (1) year in that capacity or until their successors are elected. The
Chair shall appoint standing or special subcommittees as the Chair deems necessary.
The role of the TAC and TAC Subcommittees will be to provide technical advice,
guidance and counsel to the Resource Recovery Board on any matter relevant to the
Resource Recovery System.
(f) The Technical Advisory Committee shall serve in an advisory capacity to the Resource
Recovery Board in technical matters of integrated solid waste planning, including
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environmental concerns and educational programs, as well as providing a forum for the
exchange of ideas among municipal representatives and the private sector.
I_j:1l[0I1:i
FACILITIES AND COMMITMENT OF WASTE STREAM
4.1 The DISTRICT shall cause to be constructed, operated, maintained and repaired a Resource
Recovery System located within the County for the disposal of all solid waste that is collected in
each CONTRACT COMMUNITY and unincorporated County and delivered to the Resource
Recovery System.
4.2 During the duration of this Agreement as defined in Article 14 hereof, the CONTRACT
COMMUNITIES and the COUNTY for the unincorporated area shall cause all of the solid waste
generated within each of their respective boundaries to be collected, transported, delivered
and deposited at the designated receiving facilities of the DISTRICT's Resource Recovery System
pursuant to the Plan of Operations for system facilities as approved by the Resource Recovery
Board except for solid waste which is transported outside the State of Florida.
4.3 (a) Each CONTRACT COMMUNITY and COUNTY for the unincorporated area agrees to
enact prior to August 4, 2011 and thereafter maintain in effect a solid waste flow
control ordinance pursuant to Section 403.713, Florida Statutes, directing that all solid
waste generated within their respective geographic boundaries be delivered to the
Resource Recovery System transfer or disposal facility or facilities designated in the
Plan of Operations, except for solid waste which is to be transported outside the State
of Florida. The solid waste flow control ordinance shall be substantially in the form of
Exhibit C attached hereto and made apart hereof. Each party agrees to include in any
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contracts or contract amendments with haulers executed after December 31, 2010, a
provision that all solid waste shall be delivered to the Resource Recovery System
transfer or disposal facility or facilities designated in the Plan of Operations and to
enforce such provision, with an exception for any waste generated in the DISTRICT
which is shown to be destined for recycling or disposal outside the State of Florida. In
each such contract and contract amendments, the District shall be (a) expressly
identified as a third party beneficiary of such provision; and (b) given the right to
enforce such provision, if enforcement is necessary to ensure the delivery of solid waste
to the Resource Recovery System transfer or disposal facility or facilities.
(b) Each Contract Community and County for the unincorporated area agrees to enact
prior to August 4, 2011, and thereafter maintain in effect, a solid waste reporting
ordinance pursuant to Section 403.713 Florida Statutes, directing that each hauler shall
report the following information to each Contract Community and County for the
unincorporated areas on a monthly basis:
1). The amount of processable solid waste collected in the Contract Community and
unincorporated County in cubic yards and tons.
2). Where the processable solid waste collected by the hauler within each Contract
Community and unincorporated County has been transported. Identification shall be by
the name of the facility and address of same.
3).The quantity (either by volume, weight, or number and size of all trucks or
containers) of unprocessable solid waste which has been collected by the hauler within
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the Contract Community and unincorporated County and which is to be transported
outside the State of Florida.
4).Where the unprocessable solid waste generated within each Contract Community
and unincorporated County has been transported outside of the State of Florida.
Identification shall be by the name of the facility and address of same.
The preceding described ordinance shall be substantially in the form of Exhibit D, which
is attached hereto and made a part hereof.
Each Contract Community and the County for the unincorporated areas agrees that the
reports required pursuant to this subsection shall be sent to the Executive Director,
Resource Recovery Board, c/o Waste and Recycling Services, 1 University Drive,
Plantation, Florida 33324, or to any other address as determined by the Executive
Director upon reasonable notice.
(c). Each Contract Community and the County for the unincorporated area agrees to
include the requirements of the solid waste flow control ordinance and the solid waste
reporting ordinance required by subsections 4(a) and (b), respectively, in agreements,
licenses, permits, franchises or other arrangements with Haulers entered into on or
after December 31, 2010. Each CONTRACT COMMUNITY and the COUNTY for the
unincorporated area hereby appoints the DISTRICT as its agent for the enforcement of
obligations in any agreement, license, permit, franchise or other arrangement found in
the solid waste flow control ordinance and/or the solid waste reporting ordinance. Each
CONTRACT COMMUNITY and the COUNTY for the unincorporated area further agrees to
include a requirement that Haulers consent to inspection of loads by the District in any
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agreements, licenses, permits, franchises or other arrangements with Haulers entered
into on or after December 31, 2010. The District may enforce such obligations through
civil action, including the right to pursue any and all legal and equitable remedies, in the
appropriate forum.
(d). Each Contract Community and the County for the unincorporated area hereby
agrees to have the ordinances each has enacted pursuant to this section enforced
pursuant to an ordinance enacted by the County in conformity with Chapter 162 of the
Florida Statutes or any other system of Code Enforcement authorized to the County or
District by either special act or the general laws of the State of Florida. Said system shall
specifically include, but not be limited to the appointment of Code Enforcement officers
who shall have jurisdiction to issue citations within the Contract Community and the
unincorporated areas, a magistrate or magistrates authorized to determine fines and
liens and foreclosure of properties as provided in 162 of the Florida Statutes, or such
other similar quasi-judicial proceedings for code enforcement as authorized pursuant to
general or special law. By approving this Interlocal Agreement, each Contract
Community and County hereby appoints and authorizes such agents designated by
either the County or the District or both, as Code Enforcement Officers for the purpose
of enforcing the ordinances adopted by said municipality or County pursuant to this
Agreement. The County agrees to enact and maintain such an ordinance providing for
the institution of a code enforcement system as described in this paragraph.
(e). Each Contract Community, and the County for the unincorporated area, appoints
the District as its agent and authorizes the District to enforce any and all provisions of
any franchises and other agreements the Contract Community and County may have
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with haulers concerning the delivery of processable waste to the Resource Recovery
System. The District shall exercise this authority whenever and to the extent the District
deems necessary to ensure that the District complies with its obligations under this
Agreement and the service agreements to deliver processable waste to the Resource
Recovery System.
(f). All costs and expenses of the code enforcement system above described shall be
borne by the District. All costs and fines derived from said enforcement system shall be
the property of the DISTRICT.
A Memorandum of Understanding or other agreement shall be approved by both the
Resource Recovery Board and the County providing for the implementation of this sub-
section.
4.4 A Resource Recovery System disposal facility may burn processable waste to produce electrical
energy to be sold to purchasers of electrical energy. Such facility may also provide for the
separation and sale of ferrous and nonferrous metals and other materials which may be
separated either prior to or subsequent to the burning of processable waste necessary to
produce electrical energy. Upon delivery to the Resource Recovery System, neither the
unincorporated County nor any CONTRACT COMMUNITIES, shall have any interest in ferrous and
nonferrous metals and other materials contained in the solid waste delivered.
4.5 The DISTRICT hereby assumes responsibility for the disposal of all solid waste delivered to the
Resource Recovery System by each or on behalf of each CONTRACT COMMUNITY and
unincorporated County during the duration of this Agreement consistent with its rights and
obligations under the service agreements.
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4.6 Transfer stations and contingency landfills may be required in the event that one or more of the
resource recovery facilities are not operational. Consequently, the costs of construction,
operation, maintenance and repair of the transfer stations and contingency landfills shall be part
of the overall cost of the Resource Recovery System.
ARTICLE 5
OBLIGATIONS RELATING TO OPERATIONS
5.1 Delivery and Acceptance of Waste. Each CONTRACT COMMUNITY and COUNTY for the
unincorporated area agrees that all of the solid waste collected within its respective territorial
boundaries shall be delivered to a Resource Recovery System facility designated pursuant to the
Plan of Operations. It is the understanding of each of the parties to this Agreement that the
transportation of solid waste should be minimized to the greatest extent possible consistent
with the obligations of the DISTRICT to make deliveries under the service agreement. In
determining the Resource Recovery System facility to which solid waste shall be delivered, the
Resource Recovery Board shall make every reasonable effort consistent with the DISTRICT rights
and obligations under the service agreements to minimize the cost of transportation for
CONTRACT COMMUNITIES and unincorporated County or their haulers. The provisions in this
paragraph do not apply to solid waste which is to be transported outside the State of Florida.
5.2 The DISTRICT shall provide for the construction, operation, maintenance and repair of transfer
stations, contingency landfills or other facilities utilized for the purpose of receiving solid waste
that are a part of the Resource Recovery System.
5.3 In order to provide for the testing and startup of any new facility of the Resource Recovery
System upon not less than thirty (30) days notice by the DISTRICT, each of the CONTRACT
►6]
COMMUNITIES and unincorporated County shall deliver or cause to be delivered processable
waste to such facility in amounts and at the times and in the manner designated in said notice.
The notice from the DISTRICT shall also state the estimated amount of processable waste to be
delivered by each CONTRACT COMMUNITY and unincorporated County and the estimated
length of time for which such deliveries are required. In order to facilitate CONTRACT
COMMUNITY planning, the DISTRICT will share information with the CONTRACT COMMUNITIES
and County as to the progress of construction of all Resource Recovery System facilities.
5.4 Plan of Operations. The DISTRICT, COUNTY and the CONTRACT COMMUNITIES agree there
presently is in place a Plan of Operations for the Resource Recovery System, developed to meet
the DISTRICT's obligations under this Agreement. The Plan of Operations will be maintained and
amended by the Resource Recovery Board, consistent with this Agreement and all contracts for
District facilities. The Plan of Operations shall delineate matters relating to the operation,
management and administration of the Resource Recovery System including but not limited to:
hours of operations; schedule and routing of deliveries; regulation of delivery vehicles;
measurements of quantity, quality and other waste characteristics; billing; rules and regulations
relating to the use of the Resource Recovery System; inspection of Resource Recovery System
facilities; and such other items as may be deemed appropriate by the Resource Recovery Board.
5.5 Title To and Interest in Products. The CONTRACT COMMUNITIES and unincorporated County
shall relinquish any and all title and interest in the solid waste collected within their respective
boundaries upon delivery of the solid waste to the Resource Recovery System.
5.6 Manner of Delivery. Each CONTRACT COMMUNITY and unincorporated County shall provide the
DISTRICT with the following information about each hauler delivering solid waste on its behalf
to the Resource Recovery System: hauler name and address; make, body type and motor
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vehicle registration number of each vehicle used; area of collection; and status as municipal
vehicle operator or contract hauler.
5.7 Solid Waste Segregation Programs. The CONTRACT COMMUNITIES, unincorporated County and
DISTRICT agree that no provisions of this Agreement shall be read or construed to discourage or
prohibit either voluntary or locally ordained programs for segregating new or used materials at
the point of generation for reuse or recycling.
5.8 Other Contracts for Waste Delivery. The DISTRICT agrees, to the extent consistent with the
service agreements, that neither the District nor any operator of Resource Recovery System
facilities may enter into any agreement for the disposition of solid waste with other persons,
firms or corporations that materially impairs the ability of the DISTRICT to perform its
obligations to the CONTRACT COMMUNITIES and unincorporated County under this Agreement.
5.9 It is recognized by the Contract Communities and County that Processable Waste will be
delivered to the North Facility and South Facility as defined in this agreement. Processable
Waste delivered to the North and South Facilities shall be processed pursuant to a Solid Waste
Disposal Service Agreement between the District and Wheelabrator South Broward, Inc. and
Wheelabrator North Broward, Inc. A copy of the aforesaid agreement is attached hereto and
made a part of this Interlocal Agreement.
ARTICLE 6
ANNUAL AUDIT
The DISTRICT shall secure an annual external audit, consistent with the terms of the service
agreements, of the solid waste disposal and Resource Recovery System by a qualified certified
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public accountant. Copies of the audit reports are to be made available to all CONTRACT
COMMUNITIES, County, and the Resource Recovery Board and, if requested, to private entities
utilizing the system. The DISTRICT shall maintain separate accounts and records for each of the
facilities in the Resource Recovery System.
ARTICLE 7
ASSETS AND LIABILITIES OF THE DISTRICT
7.1 All assets, properties, liabilities, agreements and responsibilities of the District and the Broward
Resource Recovery Board existing on the date of termination of the Predecessor Agreement as
provided in Article 15, shall continue to be held in the name of the Broward Solid Waste Disposal
District.
7.2 All assets, properties, liabilities, and responsibilities of the Resource Recovery System held in the
name of the County, as determined by the Resource Recovery Board, shall be transferred to the
District and held in the name of the District. All agreements regarding the Resource Recovery
System, shall be transferred into the name of the District upon assent of all parties to said
agreement.
Excepted from the preceding shall be the real property and all improvements at the Broward
County Interim Contingency Landfill located at US 27 and Sheridan Street which asset shall remain
the property of Broward County; provided further, that the County and District agree that the
County shall make available to the Resource Recovery System its landfill capacity and landfill
facilities as may be reasonably required by the Resource Recovery System.
Further excepted from the preceding transfer of assets and properties, shall be the property on
which the South Facility is situated, which shall also remain the property of Broward County.
However, all rental income received from the Second Amended and Restated Facility Site Lease
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Agreement dated December 31, 2010, between Broward County and Wheelabrator South
Broward Inc., by Broward County during the term of this Interlocal Agreement, shall be the
property of the District.
ARTICLE 8
OBLIGATIONS UNDER THIS AGREEMENT ARE NOT INDEBTEDNESS
OF ANY CONTRACT COMMUNITY OR COUNTY
The respective obligations of each CONTRACT COMMUNITY and County under this Agreement
shall not be an indebtedness of such CONTRACT COMMUNITY or County within the meaning of
any constitutional, statutory, charter or ordinance provision or limitation of such CONTRACT
COMMUNITY or County. Neither is obligated to pay or cause to be paid any amounts due under
this Agreement except in the manner provided herein, and the faith and credit of such
CONTRACT COMMUNITY and COUNTY are not pledged to the payment of any amounts due
under this Agreement.
ARTICLE 9
RELATIONSHIPS OF THE PARTIES
Except as set forth herein, no party to this Agreement shall have any responsibility whatsoever
with respect to services provided or contractual obligations assumed by any other party and
nothing in this Agreement shall be deemed to constitute any party a partner, agent, or local
representative of any other party or to create any type of fiduciary responsibility or relationship
of any kind whatsoever between the parties. The obligations created and imposed by this
Agreement are not joint; rather, such obligations are separate and several between each of the
CONTRACT COMMUNITIES and COUNTY.
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ARTICLE 10
MISCELLANEOUS
10.1 To the extent set forth in this Agreement, COUNTY does hereby grant its power to manage solid
waste to the Broward Solid Waste Disposal District pursuant to F.S. 163.01 and F.S. 403.706(19).
10.2 Assignment. This Agreement, or any interest herein, may not be assigned, transferred or
otherwise encumbered, under any circumstances by any party without the prior written consent
of the other parties to this Agreement. The parties agree, however, that the DISTRICT may
assign rights and obligations under this Agreement as is necessary by the DISTRICT for the
provision of solid waste services under this Agreement.
10.3 State and Federal Laws. The provisions of solid waste disposal services under this Agreement
shall comply with all applicable state and federal laws. This Agreement shall be construed in
accordance with the laws of the State of Florida.
10.4 The DISTRICT agrees to maintain and cause its full service contractors to maintain complete and
accurate accounting records for solid waste transfer or disposal services provided to the
CONTRACT COMMUNITIES and unincorporated County. The DISTRICT agrees to maintain, or
cause to be maintained information in sufficient detail to permit each CONTRACT COMMUNITY
and County to ascertain the cost of solid waste services provided pursuant to this Agreement,
separate and apart from the cost of other services of the DISTRICT. Upon reasonable notice
given by any CONTRACT COMMUNITY or County, the DISTRICT shall make available or have
made available to such CONTRACT COMMUNITY or County all books, records, computer
programs, printouts, memoranda of any kind whatsoever regarding all of the operations of the
Resource Recovery System. Such materials may be inspected and copied at the expense of the
party seeking such information.
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10.5 Notices. All notices, consents and other communications required, permitted or otherwise
delivered under this Agreement shall be in writing and shall be delivered either by hand with
proof of delivery or mailed by first class registered or certified mail, return receipt required,
postage prepaid, and in any case shall be addressed as provided in Exhibit B, which is attached
hereto and made a part hereof. Changes in the respective addresses of CONTRACT
COMMUNITIES provided in Exhibit B and of County provided on the signature page may be
made by either party by giving notice to the other party. Notices and consents given by mail in
accordance with this section shall be deemed to have been given five (5) business days after the
day of dispatch; notices and consents given by any other means shall be deemed to have been
given when received.
10.6 Grant Information. The CONTRACT COMMUNITIES and County agree to provide the Resource
Recovery Board with all relevant information that (a). any federal, state or local agencies may
require for any application for financial assistance in the acquisition or construction of the
Resource Recovery System and (b). the Resource Recovery Board reasonably needs for the
provision of solid waste disposal services to them. The parties agree to adopt such regulations,
execute such agreements and do such work as may be required by federal, state, or local
agencies as part of any such application for financial assistance.
10.7 Incorporation of Agreements. This document supersedes all prior negotiations,
correspondence, conversations, agreements, or understandings, applicable to the matters
contained therein. Accordingly, it is agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written. It is further
agreed that no modification, amendment or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document executed by (a). majority of
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the governing bodies of the CONTRACT COMMUNITIES and County and (b). those CONTRACT
COMMUNITIES and County containing at least 51 percent of the population of all CONTRACT
COMMUNITIES and the unincorporated County; however, County must consent to same. No
modification or alteration shall be adopted with respect to any of the rights and obligations of
the parties as to Section 4.3 of this Agreement, unless said alteration is adopted by the
CONTRACT COMMUNITIES containing at least 51 percent of the population, the District and the
County. No modification or alteration shall be adopted which reduces the term of this
Agreement.
10.8 Additional CONTRACT COMMUNITIES. After December 31, 2010 and throughout the term(s) of
this Agreement, any municipal corporation existing under the laws of the State and located in
COUNTY which is not already a CONTRACT COMMUNITY may become a CONTRACT
COMMUNITY by agreeing to all of the terms and conditions established by resolution of the
Resource Recovery Board at the time the community requests entry.
10.9 Confidentiality. Each CONTRACT COMMUNITY and County acknowledges that information
DISTRICT obtains from a full service contractor may be subject to confidentiality restrictions
under the construction contracts and service agreements to the extent consistent with
applicable law.
10.10 Severability. In the event that any provision of this Agreement shall, for any reason, be
determined to be invalid, illegal or unenforceable in any respect, the parties hereto shall
negotiate in good faith and agree as to such amendments, modifications or supplements of or to
this Agreement or such other appropriate actions as shall, to the maximum extent practicable in
light of such determination, implement and give effect to the intentions of the parties as
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reflected herein, and the other provisions of this Agreement shall, as so amended, modified or
supplemented, or otherwise affected by such action, remain in full force and effect.
10.11 Representations and Warranties: Legal Opinions. Each of the CONTRACT COMMUNITIES and
County hereby represents and warrant as to itself as follows, and each CONTRACT COMMUNITY
and County hereby agrees to provide to the DISTRICT counsel a favorable opinion of its Counsel
dated as of such date as the DISTRICT may request and on which the DISTRICT may rely, to the
following effect:
(a) It is duly organized and validly existing under the constitution and laws of the State
of Florida, with full legal right, power and authority to enter into and perform its
obligations hereunder;
(b) This Agreement has been duly authorized, executed and delivered by it and
constitutes its legal, valid and binding obligation, enforceable against it in
accordance with its term s (except as such enforceability may be limited by Article X,
Section 13 of the Florida Constitution or bankruptcy, moratorium, reorganization or
similar laws affecting the right of creditors generally);
(c ) Neither the execution nor delivery of this Agreement, nor the performance of its
obligations hereunder nor the fulfillment of the terms herein: (i) conflicts with,
violates or results in a breach of the Constitution, any law or government regulation
of the State of Florida, or any other local law or ordinance; or (ii) conflicts with,
violates or results in any breach of any term or condition of any judgment or decree,
or any agreement or instrument to which it is a party or by which it or any of its
properties or assets are bound, or constitutes a default thereunder;
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(d) Except for the procedures provided under Chapter 163 and Chapter 75 of the
Florida Statutes, and such action as has already been taken, no approval
authorization, or order of, or any consent or declaration, registration of filing with,
any governmental authority of the State of Florida or any referendum or other
action of voters by election, action by town or city council or otherwise) is required
for the valid execution, delivery and performance of this Agreement by it;
(e) Except as disclosed in writing to the other parties prior to its execution and delivery
of this Agreement, to its best knowledge, there is no action, suit or proceeding, at
law or in equity, or any official investigation before any court or governmental
authority nor any referendum or other voters' initiative pending or, to its best
knowledge, threatened against it which might materially adversely affect the taking
or exercise by the District or the Resource Recovery Board of the actions to be taken
by either of them or the Agreement, or the performance by either of them or it of
challenges, or if adversely determined might materially adversely affect, the validity,
legality or enforceability of this Agreement.
10.12 The applicable financial disclosure, noticing and reporting requirements of the District shall be
those provided by general law.
10.13 The creation of the District is consistent with the Broward County Comprehensive Plan.
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ARTICLE 11
INDEMNIFICATION
To the maximum extent permitted by law, the DISTRICT, County and each CONTRACT
COMMUNITY shall indemnify, defend and hold harmless the other, their officers, employees and
agents from and against any liability, claims, demands, actions, costs, expenses, losses of
damages whatsoever, including the intentional or negligent acts of each arising out of the
performance of the obligations under this Agreement of the District, County, and each Contract
Community, except the same shall not include punitive damages or prejudgment interest.
ARTICLE 12
CONTRACTS WITH HAULERS
Each party to this Agreement agrees to cause the terms and conditions of any agreement that it
may have with a hauler of solid waste to conform with the terms and conditions of this
Agreement by August 4, 2011.
ARTICLE 13
CESSATION
13.1 If any CONTRACT COMMUNITY, County or DISTRICT shall fail to perform or observe any of the
material terms and conditions of this Agreement for a period of sixty (60) days after receipt of
notice of such default from another party or Resource Recovery Board, the party giving the
notice of default may be entitled, but not required, to seek specific performance of this
Agreement. The parties acknowledge that money damages may be an inadequate remedy for
the failure to perform and that the party giving notice is entitled to obtain an order requiring
specific performance by the other party. Failure of any party to exercise its rights in the event of
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any breach by another party shall not constitute a waiver of such rights. No party shall be
deemed to have waived any failure to perform by another party unless such waiver is in writing
and signed by the waiving party. Such waiver shall be limited to the terms specifically contained
therein. This paragraph shall be without prejudice to the right of any party to seek such just
legal remedy for any breach of the other as may be available to it.
13.2 (a) On or before the date of termination of the Predecessor Agreement, as provided in
Article 15 of this Agreement, the Resource Recovery Board shall provide for the
equitable distribution of the District's assets to the COUNTY AND municipalities which
were CONTRACT COMMUNITIES pursuant to the Predecessor Agreement prior to
January 1, 2010, and after all outstanding liabilities of the predecessor agreement have
been provided for, and which the Resource Recovery Board determines are not
necessary for the maintenance and continuation of the District and the maintenance of
the Resource Recovery System pursuant to this Agreement.
(b) At the end of this Agreement, or at the end of all renewal terms (if any), whichever
occurs later, the Resource Recovery Board shall provide for the equitable distribution of
the District's assets and liabilities to the CONTRACT COMMUNITIES, unincorporated
County and COUNTY. The Resource Recovery Board shall consider any perpetual
maintenance responsibilities of the COUNTY in making such distributions.
ARTICLE 14
DURATION
This Agreement shall be effective for each CONTRACT COMMUNITY and County on August 4,
2011 and for a period of ten (10) years from said date. This Agreement may be renewed up to
40
one additional ten (10) year period; however, the County, and any Contract Community which is
a party to this Agreement shall have the option at the end of the initial ten (10) year period not
to renew this Agreement.
ARTICLE 15
RATIFICATION OF INTERLOCAL AGREEMENT
This Interlocal Agreement shall have the following effect upon the County and each Contract
Community that executes this Agreement by December 31, 2010:
1). Should County and all Contract Communities to the Predecessor Agreement execute
this Agreement, this Agreement shall be in full force and effect on August 4, 2011.
2). Should less than all Contract Communities to the Predecessor Agreement and
County execute this Agreement, but should County and Contract Communities
representing 80 percent of the processable waste delivered to the North and South
facilities during the 2009 calendar year, execute this Agreement:
a) Notwithstanding anything to the contrary in Article 14, this Agreement shall be
deemed the Eleventh Amendment to the Predecessor Agreement, and this Agreement
shall govern Predecessor Agreement from August 4, 2011 to July 13, 2013, for Contract
Communities of the Predecessor Agreement, and County, and additional Contract
Communities which have executed this Agreement; and
b) Notwithstanding anything to the contrary in Article 14, the initial term of this
Agreement shall be eight years beginning July 13, 2013 for all Contract Communities and
County, which have executed this Agreement.
41
3). Should the Contract Communities to the Predecessor Agreement representing less
than 51 percent of the population of all Contract Communities of the Predecessor
Agreement, execute this Agreement, or should County not execute this Agreement,
this Agreement shall be of no force and effect.
42
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on
the respective dates under each signature: BROWARD COUNTY through its BOARD OF
COUNTY COMMISSIONERS, signing by and through its Chairman, authorized to execute
same by Board action on the day of 20 , and each
CONTRACT COMMUNITY, signing by and through officers duly authorized to execute
same.
141
ATTEST:
County Administrator and Ex-
Officio Clerk of the Board of
County Commissioners of
Broward County, Florida
43
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
Approved as to form and legality by
the Office of County Attorney for
Broward County, Florida
County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone:
Assistant County Attorney
CONTRACT COMMUNITY
WITNESS: City of Tamarac
Name of Contract Community
day of , 20_,_
ATTEST:
Y
City Ma ag r
f
r7 day of 20
= Cify Clerk
(CORPORATE SEAL) APPROVED AS TO FORM:
G V�
it Attorney
44
EXHIBIT A
NAMES OF CONTRACT COMMUNITIES
45
EXHIBIT B
NAMES TO WHOM NOTICES ARE TO BE DIRECTED
46
EXHIBIT C
ORDINANCE NO.
AN ORDINANCE ESTABLISHING SOLID WASTE FLOW CONTROL PURSUANT TO SECTION 403.713, FLORIDA
STATUTES AND SECTION 4.3 OF THE INTERLOCAL AGREEMENT DATED DECEMBER 31, 2010 BY
AND BETWEEN THE CONTRACT COMMUNITIES AND BROWARD COUNTY, FLORIDA, PROVIDING FOR THE
BROWARD SOLID WASTE DISPOSAL DISTRICT; DIRECTING THE DELIVERY OF ALL SOLID WASTE
GENERATED WITHIN
TO THE RESOURCE RECOVERY SYSTEM DESCRIBED HEREIN;
RELINQUISHING TITLE TO SOLID WASTE COLLECTED OR GENERATED WITHIN
UPON DELIVERY OF SUCH SOLID
WASTE TO SAID RESOURCE RECOVERY SYSTEM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, because of the low elevation and high ground water level of Broward County,
Florida (the "County"), disposal of solid waste through means other than landfills has been
encouraged; and
WHEREAS, the Legislature of the State of Florida has discouraged the dumping or
burying of solid waste matter and the use of sanitary landfills as the sole method of disposal of
solid waste; and
WHEREAS, because of environmental concerns with utilizing landfilling as the sole
method of disposal of solid waste generated by the residents and visitors of the County, certain
municipalities within the county and the COUNTY have sought a joint solution to such concerns;
and
WHEREAS, Section 403.713, Florida Statutes, provides that (a.) "any local government
that undertakes resource recovery from solid waste pursuant to general law or special act may
control the collection and disposal of solid waste, as defined by general law or such special act,
which is generated within the territorial boundaries of such local government and other local
governments which enter into interlocal agreements for the disposal of solid waste with the
47
local government sponsoring the resource recovery" ...facilities, (b) "any local government
which undertakes resource recovery of solid waste pursuant to general law or special act may
institute a flow control ordinance for the purpose of ensuring that the resource recovery facility
receives an adequate quantity of solid waste from solid waste generated within its jurisdiction,"
and (c) "such solid waste will not include recovered materials, whether separated at the point of
generation or after collection, that are intended to be held for purposes of recycling... however,
the handling of such materials shall be subject to applicable state and local public health and
safety laws;" and
WHEREAS, consistent with Chapter 403, Part IV, Florida Statutes, and in furtherance of
addressing the problems created by the disposal of solid waste, certain municipalities within the
County (the "Contract Communities") have entered into an Interlocal Agreement (the "Interlocal
Agreement"), which provides for, among other things, the disposal of solid waste generated
within the CONTRACT COMMUNITIES and the unincorporated area of the County; and
WHEREAS, Section 4.3(a) of the Interlocal Agreement provides that each Contract
Community and the County shall enact a waste flow control ordinance pursuant to Section
403.713 of the Florida Statutes directing that solid waste generated within each Contract
Community and the unincorporated area of the County be delivered to the designated Resource
Recovery System transfer or disposal facility or facilities except for solid waste which is to be
transported outside the State of Florida; and
WHEREAS, each Contract Community and the County further agreed in the Interlocal
Agreement to include in any contract arrangements with haulers including any agreements,
licenses, permits or franchises a provision that all solid waste shall be delivered to the Resource
48
Recovery System facilities designated in the Plan of Operations developed pursuant to the
Interlocal Agreement;
NOW, THEREFORE, be it ordained by the (governing body of Contract Community or
Board of Commissioners of Broward County), Florida, that:
Section 1. Findings.
The findings set forth in the foregoing preamble to this Ordinance are hereby approved
and confirmed.
Section 2. Definitions.
For the purpose of this Ordinance, the definitions contained in the Interlocal Agreement
dated December 31, 2010 shall apply unless otherwise specifically stated in this Section. When
not inconsistent with the context, words used in the present tense include the future, words in
the plural number include the singular and words in the singular number include the plural. The
word "shall" is always mandatory and not merely directory.
(a) Contract Communities. The term "Contract Communities" shall refer to the
municipal corporation or corporations existing under the laws of the State of Florida
located within the county that from time to time enter into the Interlocal Agreement.
(b) County. The term "County" shall mean depending upon the context, either (a) the
geographical area contained within unincorporated Broward County, Florida, a
political subdivision of the State of Florida, or (b) the government of Broward County,
acting through the County Commission or its designee.
(c) District. The term "District" shall mean the Broward Solid Waste Disposal District
formed pursuant to the Interlocal Agreement and state law. The geographic
49
boundaries of the DISTRICT shall be coterminous with the geographic boundaries of
the CONTRACT COMMUNITIES that have executed this Agreement and
unincorporated Broward County.
(d) Haulers. The term "haulers" shall mean those persons, firms or corporations or
governmental agencies which collect solid waste (either under oral or written
contract, license, permit or otherwise) within the geographic boundaries of the
CONTRACT COMMUNITY(IES) or the unincorporated County, or provide for the
transportation or delivery of such solid waste to facilities inside or outside the
District.
(e) Interlocal Agreement. The term "Interlocal Agreement" shall refer to that certain
Interlocal Agreement dated December 31, 2010, by and among the County and the
Contract Communities, providing for the Broward Solid Waste Disposal District, as
amended or supplemented from time to time pursuant to the provisions of the
Interlocal Agreement.
(f) Resource Recovery System. The term "resource recovery system" shall refer to the
resource recovery facilities which are constructed, operated, and maintained
pursuant to the Interlocal Agreement.
(g) Solid Waste. The term "solid waste" shall have the meaning set forth in Chapter 403,
Part IV, Florida Statutes
Section 3. Waste Flow Control.
(a) It is the purpose of this Ordinance to require all inhabitants and persons within the
(-Of or unincorporated area of the County), Florida, to use
exclusively the Resource Recovery System identified in the Interlocal Agreement for
6111
the disposal of all solid waste generated within the ( of or
the unincorporated area of the County. This ordinance is intended to ensure that
the Resource Recovery System receives an adequate quantity of solid waste from
the solid waste generated within the -boundaries of
(b)The ( of , or the County on behalf of the unincorporated
area of Broward County) hereby directs that all solid waste generated within (its
geographic boundaries or the unincorporated area of the County) be delivered to
the Resource Recovery System facilities designated in the Plan of Operations under
the Interlocal Agreement. Further, the of hereby
relinquishes any and all title and interest in such solid waste upon delivery of such
solid waste to the Resource Recovery System facilities designated in said Plan of
Operations.
(c) waste generated in the
is not subject to the
requirements in paragraph (b) if it is shown to be destined for disposal or recycling
at any facility located outside the State of Florida. To make such a showing, a hauler
shall execute a form approved by the Broward Resource Recovery Board and the
form shall be delivered to the Broward Solid Waste Disposal District. In the form,
the hauler shall recite facts which demonstrate the solid waste shall be transported
and disposed outside the State of Florida.
(d) The ( of , or the Board of Commissioners of Broward
County, Florida) shall conform the terms and conditions of any agreement that it
may have with a hauler of solid waste to the terms and conditions of the Interlocal
Agreement.
51
(e) Nothing herein shall be read or construed to discourage or prohibit either
voluntary or locally ordained programs segregating new or used materials at the
point of generation for reuse or recycling.
Section 4. Effective Date, This Ordinance shall become effective immediately upon compliance
with any statutory requirements relating to notice and publication hereof.
DONE AND ADOPTED in regular session this day of , 20_.
By:
Title:
52
(GOVERNING BODY)
EXHIBIT D
REPORTING REQUIREMENTS
AN ORDINANCE ESTABLISHING SOLID WASTE FLOW CONTROL REPORTING REQUIREMENTS PURSUANT
TO SECTION 403.713, FLORIDA STATUTES AND SECTION 4.3 OF THE INTERLOCAL AGREEMENT DATED
DECEMBER 31, 2010 BY AND BETWEEN THE CONTRACT COMMUNITIES AND BROWARD COUNTY,
FLORIDA, PROVIDING FOR THE BROWARD SOLID WASTE DISPOSAL DISTRICT; REQUIRING THE
REPORTING OF ALL SOLID WASTE COLLECTED WITHIN THE BOUNDARIES OF
ROVIDING FOR REMITTANCE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, because of the elevation and high ground water level of Broward County, Florida,
(the "County"), disposal of solid waste through means other than landfills has been encouraged; and
WHEREAS, the Legislature of the State of Florida has discouraged the dumping or burying of
solid waste matter and the use of sanitary landfills as the sole method of disposal of solid waste; and
WHEREAS, because of environmental concerns with utilizing landfilling as the sole method of
disposal of solid waste generated by the residents and visitors of the County, certain municipalities
within the County and the County have sought a joint solution to such concerns; and
WHEREAS, Section 403.713, Florida Statutes, provides that (a) "any local government that
undertakes resource recovery from solid waste pursuant to general law or special act may control the
collection and disposal of solid waste, as defined by general law or such special act, which is generated
within the territorial boundaries of such local government and other local governments which enter into
interlocal agreements for the disposal of solid waste with local government sponsoring the resource
recovery" facilities (b) "any local government which undertakes resource recovery of solid waste
pursuant to general law or special act may institute a flow control ordinance for the purpose of ensuring
that the resource recovery facility receives an adequate quantity of solid waste from solid waste
k%3
generated within its jurisdiction"; and (c) "such solid waste will not include recovered materials,
whether separated at the point of generation or after collection, that are intended to be held for
purposes of recycling..."; however, the handling of such materials shall be subject to applicable state
and local public health and safety laws; and
WHEREAS, consistent with Chapter 403, Part IV, Florida Statutes and in furtherance of
addressing the problems created by the disposal of solid waste, certain municipalities within the County
(the "Contract Communities") have entered into an Interlocal Agreement (the "Interlocal Agreement")
which provides for, among other things, the disposal of solid waste generated within the Contract
Communities and the unincorporated area of the County; and
WHEREAS, Section 4.3(a) of the Interlocal Agreement provides that each Contract Community
and the County shall enact waste flow control ordinances pursuant to Section 403.713 of the Florida
Statutes, directing that solid waste generated within each Contract Community and the unincorporated
area of the County be delivered to the designated Resource Recovery System facilities, except for solid
waste which is to be transported outside the State of Florida; and
WHEREAS, each Contract Community and the County agreed in the Interlocal Agreement to
enact an ordinance in furtherance of flow control, as authorized by F.S. 403.713, and agreed to require
reporting by all haulers collecting solid waste generated within the boundaries of the communities;
NOW, THEREFORE, be it ordained by the (governing body of Contract Community or Board of
Commissioners of Broward County), Florida, that:
Section 1. Findings. The findings set forth in the foregoing preamble to this Ordinance are
hereby approved and confirmed.
54
Section 2. Definitions. For the purpose of this Ordinance, the definitions contained in the
Interlocal Agreement dated December 31, 2010 shall apply unless otherwise specifically stated. When
not inconsistent with the context, words used in the present tense include the future, words in the
plural number include the singular and words in the singular number include the plural. The word "shall"
is always mandatory and not merely directory.
(a) Contract Communities. The term "Contract Communities" shall refer to the
municipal corporation or corporations existing under the laws of the State of Florida
located within the County that from time to time enter into the Interlocal
Agreement.
(b) County. The term "County" shall mean, depending upon the context, either (a) the
geographical area contained within unincorporated Broward County, Florida, a
political subdivision of the State of Florida; or (b) the government of Broward
County, acting through the County Commission or its designee.
(c) District. The term "District" shall mean the Broward Solid Waste Disposal District
formed pursuant to the Interlocal Agreement and state law. The geographic
boundaries of the DISTRICT shall be coterminous with the geographic boundaries of
the CONTRACT COMMUNITIES which have executed this agreement and
unincorporated Broward County.
(d) Haulers. The term "haulers" shall mean those persons, firms or corporations or
governmental agencies which collect solid waste (either under oral or written
contract, license, permit or otherwise) within the geographic boundaries of the
CONTRACT COMMUNITY(IES) or the unincorporated County, or provide for the
transportation or delivery of such solid waste to facilities inside or outside the
District.
(e) Interlocal Agreement. The term "Interlocal Agreement" shall refer to that certain
Interlocal Agreement, dated December 31, 2010, by and among the County and the
Contract Communities, providing for the Broward Solid Waste Disposal District, as
amended or supplemented from time to time pursuant to the provisions of the
Interlocal Agreement.
(f) Resource Recovery System. The term "resource recovery system" shall refer to the
resource recovery facilities which are constructed, operated and maintained
pursuant to the Interlocal Agreement.
(g) Solid Waste. The term "solid waste" shall have the meaning set forth in Chapter
403, Part IV, Florida Statutes.
(h) Processable Waste. The term "processable waste" shall mean that portion of the
solid waste stream which is capable of being processed in the mass burn resource
recovery facilities used by the District, including, but not limited to, all forms of
household and other garbage, trash, rubbish, refuse, combustible agricultural,
commercial and light industrial waste, commercial waste, leaves and brush, paper
and cardboard, plastics, wood and lumber, rags, carpeting, occasional tires, wood
furniture, mattresses, stumps, wood pallets, timber, tree limbs, ties, and logs, not
separated and recycled at the source of generation. Processable waste does not
include unacceptable waste and unprocessable waste, except, to the extent
consistent with the regulatory and permit requirements applicable to the processing
of waste by the District's mass burn resource recovery facilities and to the extent
that minor amounts of unacceptable waste may be contained lawfully in the
processable waste.
56
(i) Unacceptable Waste. The term "unacceptable waste" shall mean motor vehicles,
trailers, comparable bulky items of machinery of equipment, highly flammable
substances, hazardous waste, sludges, pathological and untreated biological wastes,
liquid wastes, sewage, manure, explosives and ordinance materials, and radioactive
materials. Unacceptable waste shall also include any other material not permitted
by law or regulation to be disposed of at a Class 1 landfill. None of such material
shall constitute either processable waste or unprocessable waste. Haulers shall not
knowingly deliver such unacceptable waste to and the DISTRICT and full service
contractors shall have the right to exclude such unacceptable waste from the
Resource Recovery System.
(j) Unprocessable Waste. The term "unprocessable waste" shall mean that portion of
the solid waste stream that is predominately noncombustible and therefore, should
not be processed in the mass burn facilities used by the Resource Recovery System.
Unprocessable waste shall include, but not be limited to, metal furniture and
appliances, concrete rubble, mixed roofing materials, noncombustible building
debris, rock, gravel and other earthen materials, equipment, wire and cable, and
any item of solid waste exceeding six feet in any one of its dimensions or being in
whole or in part of a solid mass, the solid mass portion of which has dimensions
such that a sphere with a diameter of eight inches could be contained within such
solid mass portion, and processable waste (to the extent that it is contained in the
normal unprocessable waste stream). Unprocessable waste includes construction
and demolition debris as defined in F.S. 403.703(6).
Section 3. Reports. Each hauler that collects processable solid waste generated within the
boundaries of shall file monthly reports on forms approved by the Broward Resource
57
Recovery Board. Said reports shall provide the following information about the hauler's activities during
the prior month:
(1) The amount/quantity (in tons or cubic yards) of processable solid waste collected by the
hauler that has been generated within , with regard to each facility identified
,301
(2) The name, address and contact person of each facility where the processable solid waste has
been transported/delivered by the hauler.
(3) A summary table of delivery tickets information from each facility must be attached to the
monthly report.
The above described reports shall be remitted to the Executive Director of the Broward
Resource Recovery Board no later than the fifteenth (15`") day of each succeeding month.
Section 4. Reports. Each hauler that collects unprocessable solid waste generated within the
boundaries of where said solid waste is to be transported outside the State of
Florida, shall file monthly reports on forms approved by the Broward Resource Recovery Board. Said
reports shall require the following information:
(1) The quantity (either by volume, weight, or number and size of all trucks or containers) of
unprocessable solid waste which has been collected by the hauler within the Contract
Communities and unincorporated County which is to be transported outside the State of
Florida.
(2) The name, address and contact person of each facility where the unprocessable waste
has been transported/delivered.
58
(3) A summary table of delivery tickets information from each facility must be attached to
the monthly report.
The above described reports shall be remitted to the Executive Director of the Broward
Resource Recovery Board no later than the fifteenth (15th) day of each succeeding month.
Section 5. Effective Date. This Ordinance shall become effective immediately upon compliance
with any statutory requirements relating to notice and publication hereof.
DONE AND ADOPTED in regular session this day of 20 .
(GOVERNING BODY)
Titles: