Board of County Commission Workshop Resource Recovery System

Transcription

1 Board of County Commission Workshop Resource Recovery System October 18, 2011 Prepared by: Broward County Solid Waste and Recycling Services

2 Table of Contents Executive Summary 3 I. Background and Status 5 A. History and Governance of the Broward Solid Waste District 5 B. Key Contracts 6 C. District Programs and Services 7 D. Current Efforts Underway 8 II. Broward County s Statutory Responsibilities 10 A. Provision of Disposal Facilities 10 B. Landfill Closure and Maintenance 10 C. Seventy-Five Percent Recycling Goal 11 III. Key Issues 13 A. Future Governance Structure 13 B. Continuation of Services 13 C. Disposition of District Reserve Funds 15 D. Disposition of Real Property 17 IV. Recommendations 18 List of Exhibits 19 Page No. 2

3 Executive Summary In 1986, Broward County and a majority of the municipalities (currently 26 of 31) executed an Interlocal Agreement to provide an integrated, environmentally safe system for the disposal of solid waste, through recycling, waste-to-energy, and contingent landfilling. The Interlocal Agreement established the Broward Solid Waste Disposal District, which is governed by a dependent district of County government, the Resource Recovery Board (RRB). Solid Waste and Recycling Services is the County agency responsible for administering key contracts involved with operating the Solid Waste Disposal District, including a Materials Recovery Facility contract for processing recyclable materials, and a Solid Waste Disposal Service Agreement for operation of two waste-to-energy plants. The Agency also provides special ancillary programs and services on behalf of the Solid Waste Disposal District and its participating municipalities, funded through a portion of the tipping fees collected at the waste-to-energy plants. All of the major agreements and contracts that provide for the Solid Waste Disposal District s governance and operation will expire on July 2, Although currently the unincorporated areas of the County account for only 2% of the municipal solid waste generated Countywide, the County is statutorily mandated by the State to provide for solid waste disposal facilities; meet requirements for landfill closure and post-closure; and implement a program supporting the State s 75% recycling goal. Therefore, any changes in the future should seek a balance between the County s responsibilities under the statutes and the needs of the municipal governments from which the vast majority of the solid waste is generated. In anticipation of the expiration of the current agreements and contracts, two municipalled initiatives are underway to obtain a long-term agreement for solid waste services beginning in July of 2013: a Request for Proposals issued by the City of Miramar; and negotiations with Wheelabrator through a committee formed by the Broward City County Management Association, under the direction of the Broward Council of Mayors. With both initiatives nearing conclusion, they should coalesce to produce a favorable disposal agreement at a reasonable price. Additionally, the RRB is surveying District member cities to ascertain their interest in a District led solicitation for disposal and recycling services. Though the results of the survey are not expected until October 20, it is unlikely that there will be sufficient time to complete another process for disposal before the agreements expire. It should also be noted that the current agreement between the County and Waste Management for the processing of recyclables also expires in July of 2013 and the RRB should be asked to immediately initiate a competitive process to select a new vendor for these services. 3

4 In the midst of discussing a myriad of contractual and transitional issues, the RRB placed the capital improvement program on hold. One of the projects reaching a critical point is a means to treat leachate from the SW Landfill. The RRB was placed on notice by the city of Pembroke Pines that it will no longer accept or process the leachate effective June 18, The RRB will be asked to immediately initiate a process to build a small treatment facility at an estimated cost of $6 million and a process to truck such waste until the plant can be built. Finally, the disposition of the District assets including the remaining Resource Recovery reserve funds will need to be determined following the expiration of the Interlocal Agreements. The restrictions on the reserve funds were lifted following the retirement of the associated bonds. The following actions are necessary: 1. Determine the future form of governance over solid waste disposal to assure that the functions presently performed under the Solid Waste Disposal District can continue without disruption. 2. Support the efforts of the Broward City County Management Association to develop a standard service agreement with the most economically viable, environmentally friendly proposal resulting from the Miramar Bid Proposal or the Managers negotiation with Wheelabrator. 3. Request that the RRB initiate an RFP for a new recyclables processing contract to replace the current agreement with Waste Management as soon as possible. 4. Direct county staff to develop an FY 2013 budget proposal that assumes a separate revenue stream and rate structure for most of the ancillary services currently offered by the Broward Solid Waste Disposal District. 5. Request that the RRB initiate work on the Southwest Regional Landfill Leachate Treatment project immediately. 6. Direct County staff to develop a proposal for the disposition of the District s assets, including the remaining balance of the unrestricted reserve funds of the Broward Solid Waste Disposal District to be brought to the Board for consideration prior to March 1,

5 I. Background and Status A. History and Governance of the Broward Solid Waste Disposal District 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 particular, Broward County s contour, elevation and high groundwater required a more environmentally friendly way to handle the disposal of solid waste. In response, Broward County and local municipalities sought a joint solution that would create an environmentally safe, cost-effective system for handling local solid waste. Therefore, in 1986, the County and a majority of the municipalities (currently 26 out of 31) executed an Interlocal Agreement for Solid Waste Services. Rather than continuing to rely on landfills as the sole disposal method for solid waste, the Interlocal Agreement created an integrated waste management system that included recycling and the recovery of energy through the use of waste-to-energy plants. The Interlocal Agreement, which is in effect until July 2, 2013, created a special dependent district known as the Broward Solid Waste Disposal District, and the Resource Recovery Board (RRB) to govern the new district. Originally, the RRB consisted of nine members. Four were County Commissioners, four were municipal elected officials, and one alternated (each year) between a County Commissioner and a municipal elected official. This representation reflected the large unincorporated area which existed in In 2006, recognizing that the incorporated portion of the county had significantly grown, and the unincorporated portion had become significantly smaller, the Tenth Amendment to the Interlocal Agreement was approved, which modified the composition of the RRB to include one County Commissioner and eight municipal elected officials. The Board s responsibilities include: establishing fees; adopting a Plan of Operations; advising the County on related contracts and service agreements; monitoring the development and operation of the County s disposal system; and ensuring that solid waste from participating municipalities and the unincorporated areas of the County is disposed of at designated facilities. The RRB is advised by a Technical Advisory Committee composed of municipal staff, representatives of private waste haulers, recyclers, and environmental interests. In 1986, the County entered into a public/private partnership with Wheelabrator (a subsidiary of Waste Management, Inc. since 1990) for the financing, design, construction, operation, maintenance and ownership of two waste-to-energy facilities. The South Plant, located east of State Road 7 and south of Interstate 595, commenced operations in 1991 and includes an adjacent monofill for disposal of ash. The North Plant is located east of the Florida Turnpike and north of Sample Road, and opened in

6 In 1988, the Broward Interim Contingency Landfill commenced operations. Now called the Southwest Regional Landfill, this facility was designed to handle municipal solid waste on a temporary basis during the construction of the waste-to-energy facilities. The Southwest Regional Landfill was subsequently limited to accepting only nonprocessable waste, and to serve as a backup facility in the event of a natural disaster or an emergency requiring a temporary shutdown of the waste-to-energy plants. However, the need to utilize the landfill for this function has never arisen. In 1993, Broward County entered into a contract with a private company to establish a Materials Recovery Facility for the processing of recyclable glass, plastic, paper and metals for the Solid Waste Disposal District. Originally located in Davie, the Materials Recovery Facility is now operated in Pembroke Pines under an amended contract. An extensive household hazardous waste program and other elements were subsequently added to the District, and are described under District Programs and Services in Section C below. B. Key Contracts The key contracts involved with the operation of the District are the Materials Recovery Facility contract for the processing of recyclable materials, and the Solid Waste Disposal Service Agreement for the two waste-to-energy plants. The Materials Recovery Facility is operated through an amended agreement between the County and Waste Management, Inc., which began on October 1, 2009 and extends until the expiration of the Interlocal Agreement on July 2, Through this contract, the Materials Recovery Facility receives, sorts, and processes recyclables from the participating municipalities. [Note: Throughout this report, the unincorporated area of Broward will be included as if it were a municipality.] The recyclables are then marketed and sold to end-markets, and the County is paid a net revenue rate by the contractor ($58.50 per ton for FY 2012). There are no contract costs, and revenues are distributed quarterly to the municipalities based on each city s proportionate delivery of recyclable materials. These distributions of unrestricted revenue to the municipalities have totaled more than $51 million to date. Waste Management also contributes $50,000 per year for public education purposes through a provision in the contract. The County s original contracts with Wheelabrator for the two waste-to-energy plants (referred to as Service Agreements) each had an expiration of 20 years from the date of the commencement of operations. The Service Agreement for the South Plant expired on August 4, 2011, while the expiration for the North Plant will be March 22, On December 7, 2010, the County Commission considered a new Interlocal Agreement that would create an Independent District, together with a new long-term Service Agreement for the two waste-to-energy plants. Both of these documents had been recommended by the Resource Recovery Board. The County Commission deferred 6

7 action on the proposals and directed County staff to conduct further research prior to bringing back a new Service Agreement with Wheelabrator for their consideration. A new Service Agreement was approved by the County Commission on June 28, 2011, and serves as an interim agreement until the expiration of the Interlocal Agreement on July 2, The agreement becomes effective at each plant upon its original expiration date as described above. Under the new agreement, the County pays Wheelabrator a monthly service fee of $57.00 per ton to process the waste, with no inflation factor, no cost-sharing, no passthrough costs, and no contingencies. The new rate became effective at the South Plant on August 5, 2011, following the expiration of the Wheelabrator South Service Agreement. The Service Agreement for North Plant will expire on March 22, 2012, at which time both plants will then continue at the $57.00 rate until the July 2, 2013 Interlocal Agreement expiration. Exhibit A compares the terms of the December 2010 proposal with those of the new Service Agreement approved in June C. District Programs and Services In addition to administering the contracts above, staff of Broward County s Solid Waste and Recycling Services provides special programs and services on behalf of the District. These programs and services are primarily funded by a portion of the revenue from tipping fees paid by waste haulers at the waste-to-energy plants. At its May 19, 2011 meeting, the RRB adopted a tipping fee of $72.57 per ton for FY The majority of the tipping fee is used for costs related to waste-to-energy, per the contracts explained in Section B (above). However, $11.06 of the $72.57 pays for the remaining District programs and services as outlined below: Administration includes support for the RRB Executive Director, Legal Counsel, the Technical Advisory Committee and its subcommittees; accounting, purchasing, contract coordination, and human resources. Storm Debris Management addresses planning, coordination, and training for programs and projects involving the debris caused by a major disaster in Broward County. Landfill Operations provides daily operations and administration at the Southwest Regional Landfill. Project Management includes permitting, monitoring, maintenance, and construction management for the facilities; and maintenance and wetland mitigation site inspections. Household Hazardous Waste Disposal and Electronics Recycling provides residents with free disposal at three drop-off locations; special collection events in cooperation with municipalities; and monthly drop-off events for small businesses. These activities include disposal of household hazardous materials and safe recycling and disposal for end-of-life electronic devices (such as computers and 7

8 televisions). The same three locations are also available for residential bulk trash disposal. Public Education Program educates residents about District activities and programs through media campaigns and outreach events; promotes the recycling and household hazardous waste programs to increase participation; and oversees the Keep Broward Beautiful initiatives for litter and waste tire removal. Landfill Closure and Maintenance funds the escrow accounts for the Southwest Regional Landfill and the Ash Monofill as required by State statute (see Section II.B.) D. Current Efforts Underway Several initiatives are underway for solid waste disposal and management in anticipation of the expiration of the Service Agreement in Broward City County Management Association On January 31, 2011, the Broward Council of Mayors met to discuss the direction for future solid waste disposal service, in light of the December 2010 decision by the County Commission to defer action on the proposed Interlocal Agreement and Service Contact endorsed by the Resource Recovery Board. The Council of Mayors deferred to the Broward City County Management Association to propose a resolution of this issue. The Broward City County Management Association formed a Committee to focus on the matter, with representatives from the cities of Coconut Creek, Fort Lauderdale, Miramar, Oakland Park, Sunrise, and Weston. This Committee is in the process of developing an agreement with Wheelabrator featuring a market-based approach (vendor/purchaser relationship vs. the previous public/private partnership). This activity is concurrent with the activities of the Miramar RFP. As described in Exhibit B, the Committee identified key issues; obtained consensus from the Council of Mayors; met with Wheelabrator numerous times; and are currently working on the third draft of a service agreement. This agreement is being designed to function either as a standard form by which municipalities could contract individually with Wheelabrator, or as a contract between the County and Wheelabrator in conjunction with an Interlocal Agreement between the County and municipalities. City of Miramar Request for Proposals In January 2011, the City of Miramar initiated a Request for Proposals process for future solid waste disposal services, or alternatively for processing, transfer and disposal. The City invited other Broward municipalities to participate in the development of the solicitation document and in the evaluation process. Issued on March 9, 2011, the Request for Proposals stipulated a five-year term with up to three five-year renewals. The evaluation criteria were weighted as follows: qualifications (20%); approach (35%); and cost (45%). Cost proposals were required for six different tonnage increments, with options to specify revenue sharing and a maximum inflation factor. 8

9 By the June 2, 2011 closing date, the City received two proposals: Wheelabrator Technologies, and a joint venture of Sun Recycling and Bergeron Environmental. These proposals are summarized in Exhibit A, and compared with the terms of the December 2010 proposal and the interim agreement approved on June 28, The Wheelabrator proposal uses the two existing waste-to-energy plants for disposal, with no transfer stations. The Sun/Bergeron proposal requires permitting to expand two existing Sun transfer facilities, and to construct a new processing/transfer facility in western Pembroke Pines. Disposal could be at any of nine facilities of the provider s choosing (mostly landfills), ranging from within Broward County to central Florida. The Evaluation Committee, composed of staff from the cities of Miramar, Coconut Creek, Hallandale Beach, Oakland Park, and Davie, has issued questions to the two firms regarding their proposals. At a meeting on October 11, this committee reviewed the responses to those questions and is requesting each firm to submit a best and final offer, regardless of volume. According to Miramar staff, the target date set for responses is November 21. Following that, the Evaluation Committee should be ready to issue a recommendation to the City Commission. Resource Recovery Board At its May 19, 2011 meeting, the Resource Recovery Board directed that a consultant study be performed on the feasibility of retrofitting the Southwest Regional Landfill as a Class I landfill, in order to accept the solid waste currently being processed at the South waste-to-energy plant. At its September 15, 2011 meeting, the Resource Recovery Board referred the completed Landfill Study to its Technical Advisory Committee for further review. The Executive Summary of the Landfill Study is attached as Exhibit C. Additionally, the RRB asked its Executive Director to survey municipalities to ascertain their interest in a District led RFP process. The results of that survey will be shared with the RRB at its meeting of October 20. II. Broward County s Statutory Responsibilities Even though the vast majority of solid waste within Broward County is collected by municipal governments, Broward County is held responsible by the Florida Statutes for three key roles related to solid waste. The temporary delegation of some of the County s duties to the Solid Waste Disposal District does not relieve the County of its Statemandated responsibilities, as described herein. A. Provision of Disposal Facilities Section (1) of the Florida Statutes states that: The governing body of a county has the responsibility and power to provide for the operation of solid waste disposal facilities to meet the needs of all incorporated areas of the county. The current ILA, as 9

10 described above, is a delegation of the County s mandated responsibilities to the Solid Waste Disposal District. If this delegation terminates in 2013 without a successor, the responsibility reverts back to the County Commission. The County s ownership of several key properties and facilities, including the Southwest Regional Landfill and the South Resource Recovery Site, is critical to its continued ability to fulfill this State mandate. This issue is discussed further in Section III.D., Disposition of Real Property. Exhibit D is a listing of all the active waste-to-energy facilities in the southern part of Florida. In addition, the Solid Waste Authority of Palm Beach County recently awarded a contract for the design and construction of a new waste-to-energy plant, with operations targeted for the spring of B. Landfill Closure and Maintenance Section (2) of the Florida Statutes addresses the requirement for the County to fund the State s closure and post-closure requirements for County-owned landfills: Financial assurance for closure. (2) The owner or operator of a landfill owned or operated by a local or state government or the Federal Government shall establish a fee, or a surcharge on existing fees or other appropriate revenue-producing mechanism, to ensure the availability of financial resources for the proper closure of the landfill... (a) The revenue-producing mechanism must produce revenue at a rate sufficient to generate funds to meet state and federal landfill closure requirements. Currently, the County maintains escrow accounts for this purpose for the Southwest Regional Landfill and the Ash Monofill adjacent to the South Resource Recovery Plant. An estimate of the required escrow amount for each facility is developed annually and submitted to the Florida Department of Environmental Protection for approval. The escrow amount is based on the constructed portion of each facility (currently 46 acres for the Ash Monofill and 52 acres for the Southwest Regional Landfill), and the rate and type of use. As of September 30, 2011, the estimated remaining obligation for closure and longterm maintenance for both facilities totaled $ 43.6 million, while the amount currently in these accounts is $27.5 million. These costs only cover the permitted portion of each landfill. Each property has additional acreage which could become additional landfill, subject to permitting. The annual deposits to maintain these escrow funds are included in the tipping fees collected by the District at the Resource Recovery Plants. For FY 2012, the adopted 10

11 tipping fee includes $0.83 per ton for the Southwest Regional Landfill closure account, and $1.05 per ton for the Ash Monofill closure account. Compliance with the State-mandated escrow accounts for these landfills will not relieve the County of additional potential liabilities, even after the facilities are closed. This can occur because the maintenance costs are higher than expected, or because the maintenance costs continue beyond the prescribed period. Any landfill is subject to unexpected expenses after closure, including costs associated with liner leakage, structural failure, drainage problems, regulatory changes, and maintenance of surrounding property. An example of this is the closed Davie Landfill (now known as Vista View Park), which served as a County landfill prior to the inception of the Solid Waste Disposal District. The landfill site was associated with groundwater contamination concerns in the early 1980 s, and was declared a Superfund site by the U.S. Environmental Protection Agency. The County spent $15 million for additional remediation of the site C. Seventy-Five Percent Recycling Goal Section (2), F.S., entitled Recycling, was amended by the Florida Legislature in 2008 and reads as follows: By the year 2020, the long-term goal for the recycling efforts of state and local governmental entities, private companies and organizations, and the general public is to reduce the amount of recyclable solid waste disposed of in waste management facilities, landfills, or incineration facilities by a statewide average of at least 75 percent. However, any solid waste used for the production of renewable energy shall count toward the long-term recycling goal as set forth in this part. More specifically, Section (2)(a) states: Each county shall implement a recyclable materials recycling program that shall have a goal of recycling recyclable solid waste by 40 percent by December 31, 2012; 50 percent by December 31, 2014; 60 percent by December 31, 2016; 70 percent by December 31, 2018; and 75 percent by December 31, Counties and municipalities are encouraged to form cooperative arrangements for implementing recycling programs. According to data published by the Florida Department of Environmental Protection, Broward County generated 2,217,229 tons of municipal solid waste in 2009 (the most recent published data), which was managed as follows: Landfilled 954,496 43% Combusted 726,920 33% Recycled 535,813 24% 11

12 Since combustion at Broward s two waste-to-energy plants qualifies as production of renewable energy under the above State Statute (with some statutory caveats), the County in 2009 was reported by the Florida Department of Environmental Protection at over 50%, compared to the goal of 75%. The same State report shows the following recycling amounts and percentages for Broward County in The column to the right was calculated by staff for purposes of this report. Broward County 2009 Municipal Solid Waste (MSW) Recycled Tons Collected Percent Recycled Unrecycled Tons Newspaper 130,026 44% 72,815 Glass 72,481 21% 57,260 Aluminum 8,005 16% 6,724 Cans Plastic 38,371 12% 33,766 Bottles Steel Cans 10,454 10% 9,408 Cardboard 233,041 37% 146,816 Office Paper 31,599 25% 23,700 Yard Trash 347,025 26% 256,798 C&D Debris* 505,476 18% 414,490 White Goods 28,757 1% 28,469 Tires 5,417 7% 5,038 Process Fuel 0 0% 0 Other Wastes 806,577 26% 596,867 Total MSW Recycling Rate 24% *Construction and Demolition Debris The two specific categories which show the greatest opportunity for increased recycling are yard trash and construction and demolition debris. These two components currently represent more than 38% of the county s solid waste stream, and construction and demolition debris has historically been significantly greater when the construction industry was thriving. The portion of State Statutes cited above continues to recognize the critical role construction and demolition debris plays in recycling efforts: In order to assist counties in attaining the goals set forth in paragraph (a), the Legislature finds that the recycling of construction and demolition debris fulfills an important state interest. Therefore, each county must implement a program for recycling construction and demolition debris. Because of this opportunity, the Resource Recovery Board at its meeting of November 18, 2010, directed District staff to develop yard waste and construction and demolition debris recycling program proposals. Making progress in these areas will require substantial time and effort, and needs to address the following: changes in municipal collection and franchise practices; determining the relative efficiency of centralized vs. 12

13 dispersed processing; instituting incentives for private and public participants; fostering markets for the recycling of these materials; and considering cost impacts and environmental benefits. Despite these hurdles, many other large urban areas have achieved substantial degrees of recycling for yard waste and construction and demolition debris, as illustrated in Exhibit E. Key first steps should be: (1) encouraging municipalities to include options for separate treatment of these materials in their collection contracts/franchises; and (2) including yard waste as an optional service in the next recycling RFP issued by the County or the District. III. Key Issues A. Future Governance Structure With the Interlocal Agreement creating the Solid Waste Disposal District expiring on July 2, 2013, the District and the Resource Recovery Board will no longer exist without an overt action to extend the current RRB or create a new entity. While some have argued there is no need for a governance structure at all as there is no debt or put-or-pay relationships going forward in the future, an argument can be made for some centralized governance. These include: A simplified payment system with a provider interacting financially with only one entity is likely to reduce administrative costs and diminish errors. There can be more efficient enforcement of the provider contracts with monitoring to assure that each city is only billed for its waste, and that the waste is being delivered to the proper site. Many of the ancillary services presently provided by the District would be more costly and difficult to justify if delivered by individual municipalities. For example, the household hazardous waste collection sites and storm debris sites and coordination would be difficult to replicate. There are different alternatives for a governance structure but, in any case, the future form of governance over solid waste disposal needs to be addressed quickly. B. Continuation of Services All of the major contracts that provide for the services of the Broward Solid Waste Disposal District end on July 2, 2013, when the District ceases to exist. The County and the participating municipalities need to address how these programs and services will continue without disruption. 13

14 (1) Disposal Contract. As part of the June 28, 2011 approval of the interim Service Agreement with Wheelabrator, the County Commission directed County staff to immediately initiate efforts toward a longer-term service agreement. As described above, a Committee of the Broward City County Management Association has taken the lead in this effort, with some participation from County staff. The Committee has made significant progress in negotiating a long-term agreement with Wheelabrator that includes many of the same features as the recently approved interim agreement. The significant remaining issue is negotiating a final price. Meanwhile, the Miramar Request For Proposals (RFP) process, which is in its final stages, has tested the ability of competition to reduce disposal prices. With both of these efforts concluding soon, they should coalesce to produce a favorable agreement at a reasonable price. On September 15, 2011, the RRB directed its Executive Director to survey municipalities to gauge their willingness for the District to develop and issue a Request for Proposals for solid waste disposal and recycling for the period following the expiration of the Interlocal Agreement. County staff was asked to provide an estimate of the timeframes and costs that would be involved in the Request for Proposal process. Finally, the RRB asked staff to look at the feasibility of using the Southwest Regional Landfill as a disposal option. It is unlikely that this can be considered a viable option unless the rates proposed by the market become unreasonable. The initial impetus for development of waste-to-energy plants as an environmentally preferable option to landfilling is still a primary factor in their favor today. The use of landfilling for disposal service, unless revised by the Board, is limited by two key policies in the Solid Waste Element of the Broward County Comprehensive Plan. Policy 6.1.3(b) states: Public landfills within Broward County shall be prohibited from accepting any processable waste, unless they are functioning as interim or contingency facilities for resource recovery plants should the plants become temporarily inoperable, or disposal is required while additional capacity is being developed; and, private landfills shall be discouraged from accepting any processable waste, to the extent allowed by law. In addition, Policy states: Broward County, in cooperation with municipal partners, shall consider the potential impacts on the environment when considering long-haul transportation of waste as a management option. Together, these adopted policies suggest that the Southwest Regional Landfill is not an acceptable long-term destination for processable waste and use of other local landfills is officially discouraged. Additionally, the State s 75% recycling goal (as discussed in Section II.C.), requires a decreased focus on landfills and an increased focus on 14

15 recycling and/or combustion. Any long-term disposal option needs to recognize this State mandate. (2) Recyclables Processing Contract. A new contract for the current Materials Recycling Facility is needed to address the sorting and processing of metal, plastic, glass and aseptic (milk, juice cartons and juice boxes) food and beverage containers, plus newspaper, mixed paper and cardboard. The current contract expires on July 2, 2013, concurrent with the expiration of the Interlocal Agreement that created the District requiring initiation of an RFP. The original contract was successfully produced from a competitive process in 1993, and amended in As described in Section II.C., the RFP should also include as an optional service the recycling of yard waste. (3) Ancillary Services. Historically, the primary funding source for the ancillary services of the Solid Waste Disposal District has been a surcharge placed on the tipping fee at the two waste-to-energy plants. This contributed to a long-running problem: the artificially high tipping fees made it tempting for haulers in participating municipalities to take their combustible solid waste elsewhere, even though the Interlocal Agreement stated that this would not be allowed. This situation has been partially alleviated by two recent events which lowered the tipping fees: (1) the debt service was retired on the construction bonds for the waste-to-energy plants; and (2) the formula in the District s Interlocal Agreement, which automatically escalated the tipping fees each year, was removed by an amendment to the agreement. Even so, the cost of ancillary services provided by the District should no longer be included in the waste-to-energy tipping fee in order to enable the tipping fee to be more competitive. Currently, approximately $11 per ton is added to the tipping fee at the waste-to-energy plants for such services. Although these services are generally very popular among residents and municipalities, having their cost included as part of the tipping fee may unfairly diminish the attractiveness of the waste-to-energy plants, as compared to alternative disposal methods (particularly landfills). C. Disposition of District Reserve Funds The unrestricted reserve funds for the Resource Recovery System totaled $60,559,000 as of September 30, Until recently, these were primarily restricted funds set aside to meet bond requirements. With the retirement of the bonds on July 1, 2011, the restriction on the $60 million was lifted. Significant discussion is occurring concerning the disposition of these funds as the expiration of the ILA approaches. Section 15.2 of the ILA states that: The Resource Recovery Board shall provide for the equitable distribution of the Broward Solid Waste Disposal District s assets and liabilities to the Contract Communities, unincorporated County and County at the end of the term of this Agreement. The Resource Recovery 15

16 Board shall consider any perpetual maintenance responsibilities of the County in making such distributions. However, District Counsel has publicly stated that the above discretion of the RRB to distribute the District s assets and liabilities only applies at the very end of the ILA s term. Until that time, the County Commission has budgetary approval authority over the District, including the use of the reserves. On June 28, 2011 (Agenda Item No. 112), the County Commission adopted a budget resolution transferring within the Resource Recovery Fund the amount of $20 million from unrestricted reserves for programs designed to stimulate single-stream recycling within the County and District contract communities. As of October 13, the District has awarded grants to four cities under this program for a total of $4.7 million, including a grant for the unincorporated area for its maximum allotment of $275,482. Three additional applications are under review with requests totaling $5.3 million. Staff has held preliminary discussions on applications from nine additional cities. Attached, Exhibit G, is a letter from Commissioner Lieberman, as Chair of the RRB, requesting a change to the terms of this grant program which would allow for greater flexibility in the use and timeline for these funds. Southwest Regional Landfill Leachate Treatment Approximately 15 million gallons of leachate per year are generated at the Southwest Regional Landfill as a result of rainwater percolating through buried solid waste. In 2002, Broward County entered into an Interlocal Agreement with the City of Pembroke Pines for treatment and disposal of the Southwest Regional Landfill s leachate at the City s wastewater treatment plant. On September 14, 2010, the City notified the Resource Recovery Board that it would only accept the leachate until June 18, Thereafter, Southwest Regional Landfill must make alternate arrangements for its leachate treatment and disposal. The report attached as Exhibit H describes the recommended improvement, which involves on-site wetlands treatment as the long-term solution. However, because of an estimated three-year timeline associated with permitting, design and construction of an on-site leachate treatment system, the recommended interim measure is that all leachate generated at the Southwest Regional Landfill will be loaded into tanker trucks and hauled off-site for discharge. Interim costs (27 months) - $1.3 million Construction costs - $5 million Total estimated cost - $6.3 million 16

17 Other programmed capital projects that should be considered at a later date for funding from the unallocated reserves, include: Emergency Generator Replacement/Upgrade for Southwest Regional Landfill Southwest Regional Landfill Cell Expansion Expansion of the Trash Transfer Stations Distribution of Reserves to ILA Municipalities Historically, the RRB has authorized annual distributions of excess reserves back to the participating municipalities within the District. Six of these distributions occurred (the most recent in FY 08), totaling more than $53.6 million. Of this total, the County received $2 million for the unincorporated area. In addition, beginning in 2001, the municipalities within the District have received an annual disbursement of bond interest savings based on the refinancing of the initial bonds used to construct the two waste-to-energy plants. These distributions, which ended in 2008, totaled $36.2 million also as unrestricted funds. The County s share of this distribution was $1.7 million. Neither of these previous practices is applicable to the current reserves. The ILA was amended in 2011, allowing the RRB to set tipping fees based on projected costs of operating the District, instead of the previous formula. The refinanced bonds that generated the interest savings were paid off in D. Disposition of Real Property The County owns the following properties, which are already being used or could be used by the Solid Waste Disposal District. These are more fully described in the Resource Recovery System Site Inventory (Exhibit I). The Southwest Regional Landfill. This is a parcel of 588 acres, located east of U.S. 27 and north of Sheridan Street. Only 52 acres are currently constructed and lined for landfill use. Other uses are: 58 acres as ancillary facilities; 223 acres as wetlands mitigation; 37 acres as stormwater management areas; 158 acres as potential landfill expansion area; and 60 acres designated for Electrical Generation Facilities. The 162-acre site on which the south Wheelabrator Plant and the adjacent ash monofill are located. This property is County-owned, with a long-term lease to Wheelabrator. (The north Wheelabrator Plant site is privately owned.) Three trash transfer stations located in Pompano Beach, Davie, and West Park. The stations were originally purchased by the County solely for trash transfer use, but are currently used for District programs. Five wetland mitigation sites that mitigate the impacts of the south Waste-to- Energy plant, the ash monofill, and the Southwest Regional Landfill. 17

18 Two vacant parcels (of approximately 25 and 22 acres) located just north of the Mass Transit facility near Copans Road, part of a larger tract known as Alpha 250. Purchased during the early years of the District, the northern parcel has been held in reserve for future (undesignated) use, while the southern parcel is entirely under a conservation easement to the South Florida Water Management District. The Southwest Regional Landfill, the South Plant site, and the Alpha 250 parcel are the only large public sites available in Broward County for future solid waste management facilities. The wetland sites are required to be maintained as mitigation for the primary County solid waste management properties. The trash transfer stations are linked to the multiple programs that are provided to the public. These properties were purchased by the County, and are not subject to any loans paid with District funds. IV. Recommendations County staff recommends the following: 1. Determine the future form of governance over solid waste disposal to assure that the functions presently performed under the Solid Waste Disposal District can continue without disruption. 2. Support the efforts of the Broward City County Management Association to develop a standard service agreement with the most economically viable, environmentally friendly proposal resulting from the Miramar Bid Proposal or the Managers negotiation with Wheelabrator. 3. Request that the RRB initiate an RFP for a new recyclables processing contract to replace the current agreement with Waste Management as soon as possible. 4. Direct county staff to develop an FY 2013 budget proposal that assumes a separate revenue stream and rate structure for most of the ancillary services currently offered by the Broward Solid Waste Disposal District. 5. Request that the RRB initiate work on the Southwest Regional Landfill Leachate Treatment project immediately. 6. Direct County staff to develop a proposal for the allocation of the remaining balance of the unrestricted reserve funds of the Broward Solid Waste Disposal District to be brought to the Board for consideration prior to March 1,

19 List of Exhibits Exhibit A: Comparison of New Wheelabrator Disposal Contract with Proposal of December 2010 and Two RFP Responses to the City of Miramar Exhibit B: Report from BCCMA Solid Waste Disposal Agreement Committee Exhibit C: Executive Summary from Broward County Southwest Regional Landfill: Expanded Class I Operations Evaluation Report Exhibit D: Active Waste-to-Energy Facilities in Southern and Central Florida Exhibit E: Yard Waste and C&D Programs in Other Urban Areas Exhibit F: Projected Net Obligations on the District s Reserves Exhibit G: Letter from Commissioner Lieberman regarding recycling grant program. Exhibit H: Leachate Disposal Strategy for the Southwest Regional Landfill Exhibit I: Broward Resource Recovery System Site Inventory 19

20 EXHIBIT A Beginning date Comparison of New Wheelabrator Disposal Contract with Proposal of December 2010 and Two RFP Responses to the City of Miramar New Contract December Wheelabrator 2010 Proposal to Proposal Miramar August 2011(south) March 2012(north) 1 In Sun/Bergeron proposal, disposal method could be landfill or waste-to-energy, at provider s option. 2 During negotiations, Wheelabrator stated that a longer term would result in a lower unit price. 3 Estimated by applying actual inflation factors to initial rate of $47.75/ton (from October 2009 to August 2011). 4 Price per ton varied depending on volume of waste delivered. 5 Assumes annual inflation adjustment of 2.4% 6 25% of excess electricity and ferrous metals revenues when price exceeds specified limits; est. value at $130,000 for FY Pass-through costs for taxes and for ash monofill (excess leachate disposal and capital improvements), estimated at $4 million per year. 8 Estimated cost is approximately $1 million per year. 9 Required compensation to Wheelabrator of approximately $8 million (one-time payment). 10 During negotiations, Wheelabrator stated that these funds would only be considered as part of an agreement with a longer term. 11 Assumes 913,360 tons processed for FY 2012, as adopted by Resource Recovery Board. Sun/Bergeron Proposal to Miramar 1 August 2011 July 2013 July 2013 Term 23 months 10 years 5 years 5 years End date July 2013 August 2021 July 2018 July 2018 Base rate at beginning of term $57.00/ton 2 $49.25/ton 3 $52.50/ton $46.20/ton $55.18/ton 4 Annual inflation No Yes Yes Yes adjustment Put-or-pay penalty No No No No Est. rate at end of term 5 $57.00/ton $60.97/ton $57.72/ton $50.80 $ Electricity revenue No No No No subsidy Potential revenue No Yes 6 Yes 6 $1.00/ton sharing Pass-through costs No Yes 7 No No Adjustment for No Yes 8 No No changes in law Countywide enforcement ord. & system No Yes No No Early cancellation of No. Plant contract One-time bonus payment from provider to cities No Yes 9 No No No 10 $12 million No No Effective fee -FY12 11 $63.01/ton $63.43/ton N/A N/A Effective fee - FY13 $57.00/ton $55.85/ton $52.50/ton $45.20/ton $54.18/ton 4 20

21 EXHIBIT B Proposed Market based Vendor Approach BCCMA Solid Waste Disposal Service Agreement Committee October 6, 2011 Background Over twenty years ago Broward County took the lead and evaluated alternative methods for solid waste disposal. It was decided that two waste to energy plants, one located in the north county and one located in the south county, be built. They were to be owned by separate entities to ensure a competitive approach to pricing. Under county leadership, the community banded together approving an Inter local Agreement (ILA) guaranteeing the flow of solid waste material to the two plants in sufficient quantities to fund operations and retire private activity bonds used to finance the building of the plants. The ownership of the plants was consolidated under one entity. The plants remain in private ownership The conditions requiring a long term commitment of solid waste material to provide fuel for the electric generating plants no longer exists since the bonds paying for the construction of the plants have been retired. Taking into consideration that the debt has been paid allows for a different approach to solid waste agreements which will be more advantageous to the public. Our goal is to insure the fairest price without assuming all of the business risks as in the past. Chronology of Recent Meetings December 31, municipalities approved the New ILA, representing 51.9% of the Solid Waste Disposal District population, and 49% of the FY 2009 tonnage (80% required for approval); the New ILA failed. January 13, 2011 BCCMA forms a Solid Waste Disposal Service Agreement Committee (Fort Lauderdale, Miramar, Oakland Park, Sunrise, and Weston). January 27, 2011 Miramar hosts a meeting for interested municipalities to receive input for its proposed RFP. January 31, 2011 Council of Mayors meets and defers the resolution of the Service Agreement to the City Managers. February 8, 2011 BCCMA Committee identifies Service Agreement issues. BCCMA Solid Waste Disposal Service Agreement Committee October 6, 2011 Page 1 of 4 21

22 February 15, 2011 Municipalities that approved the New ILA agree to work through the BCCMA Committee. February 22, 2011 BCCMA Committee recommends: 1) market based vendor approach versus partnership approach; 2) meeting with BCCMA; and 3) meeting with Mayors or Broward League. March 23, 2011 Miramar hosts a meeting for interested municipalities to receive input for its published RFP. April 6, 2011 BCCMA Committee meets with County Administrator. April 12, 2011 BCCMA Committee meets with Council of Mayors and obtains consensus to support dual track of market based vendor approach service agreement and Miramar RFP. April 14, 2011 BCCMA Committee meets with RRB staff and County staff. April 19, 2011 BCCMA Committee transmits Market based Vendor Approach paper to RRB Executive Director. April 28, 2011 BCCMA Committee meets to frame a service agreement with Wheelabrator. May 5, 2011 BCCMA Committee meets after RRB staff negotiation with Wheelabrator for extensions of Service Agreements. June 9, 2011 BCCMA Committee meets with Wheelabrator to draft service agreement (first draft). June 27, 2011 BCCMA Committee conference call in preparation for next meeting with Wheelabrator. June 30, 2011 BCCMA Committee meets with Wheelabrator to draft service agreement (second draft). August 23, 2011 BCCMA Committee meets with Wheelabrator to draft service agreement (third draft). October 6, 2011 BCCMA Committee meets with County Administrator in preparation for October 18, 2011 Board of County Commissioners Workshop Meeting on solid waste disposal. BCCMA Solid Waste Disposal Service Agreement Committee October 6, 2011 Page 2 of 4 22

23 Chronology of Solid Waste Disposal District November 25, 1986 Broward County and 22 participating municipalities (the Contract Communities ) execute the current Inter local Agreement (the Current ILA ) creating the Resource Recovery System, and a special district known as the Solid Waste Disposal District governed by its Resource Recovery Board. August 4, 2011 Solid Waste Disposal Agreement between Broward County and Wheelabrator South Broward expires. June 28, 2011 Broward County Board of County Commissioners approves interim Solid Waste Disposal Agreement for Wheelabrator South and Wheelabrator North through July 2, March 22, 2012 Solid Waste Disposal Agreement between Broward County and Wheelabrator North Broward expires. July 2, 2013 Current ILA expires. System Options Municipalities contract individually with Wheelabrator via a standard form of agreement. County contracts with Wheelabrator and municipalities enter into ILA with county. Municipalities piggy back on Miramar RFP Municipalities issue individual RFP s. Contract Options Partnership approach Vendor approach Hybrid market based vendor approach BCCMA Solid Waste Disposal Service Agreement Committee October 6, 2011 Page 3 of 4 23

24 BCCMA Committee Service Agreement Issues by Priority 1. Limit or elimination of business risk to municipalities a. No revenue short fall make up b. No pass throughs (real estate taxes) 2. Initial fair market based cost 3. Opportunity to opt out at incremental periods/defined circumstances 4. Sliding scale for price per ton a. By Broward county/municipal participation b. By plant utilization 5. Ten year aggregate term (5 year initial term plus options) 6. Most favored pricing provision for long term agreements End of document BCCMA Solid Waste Disposal Service Agreement Committee October 6, 2011 Page 4 of 4 24

25 EXHIBIT C Executive Summary from Broward County Southwest Regional Landfill: Expanded Class I Operations Evaluation Report. Report prepared by Malcolm Pirnie, Inc., dated September 2, [Note: Malcolm Pirnie is revising this report based on comments received at the Resource Recovery Board meeting of September 15, 2011.] Executive Summary The Broward County Southwest Regional Landfill (SRL) (formerly the Broward Interim Contingency Landfill) site is approximately 588 acres in size, located just east of U.S. 27 and north of Sheridan Street in Broward County. The SRL is a Class I landfill that was initially developed to accept Class I waste on an interim basis, waste not able to be processed at the Wheelabrator South Broward (WSB) waste-to-energy facility, and to provide backup disposal in the event the WSB facility is unable (or if Wheelabrator is unwilling) to accept municipal solid waste (MSW) from the Broward Solid Waste Disposal District (District). The SRL opened in 1988, and since 1991 has primarily accepted Class III waste. Malcolm Pirnie, a wholly owned subsidiary of ARCADIS U.S., Inc., prepared this Southwest Regional Landfill Expanded Class I Operations Evaluation Report (Report), as the Broward County Waste and Recycling Services (County) Consulting Engineer. This Report refers to operating the SRL as a Class I landfill. It is important to note that the SRL is permitted as a Class I landfill, and this Report addresses potentially expanding Class I landfill operations in accordance with the existing permit. Based on information provided by the County, the Florida Department of Environmental Protection (FDEP) indicated that only a minor modification to the existing permit will be required. Purpose and Scope During their meeting on May 19, 2011, the Resource Recovery Board (RRB) and subsequent scoping sessions with the Executive Director and WRS, Malcolm Pirnie was requested to provide an evaluation of the technical challenges and financial impact of operating the SRL as a Class I Landfill for waste that may be diverted from the Wheelabrator South Broward WTE Facility upon the expiration of the Solid Waste Disposal Agreement on August 4, 2011 until the expiration of the Interlocal Agreement on July 2, 2013 (Evaluation Period). This Expanded Class I Evaluation Report (Report) provides an evaluation of the effects on the SRL of diverting all of the waste currently delivered to the WSB facility. As constrained by the Scope of Services, this Report does not include an evaluation of the potential diversion of waste to the SRL from the Wheelabrator North Broward waste-to-energy facility. It should be noted 25

26 that the diversion of MSW from the WSB facility to the SRL would probably not result in 100% diversion of waste. Several haulers may choose to take waste to other facilities based on the travel distance and facility tipping fees. However, this Report assumes that all District waste currently being delivered to the WSB facility will be diverted to the SRL. Report Structure Malcolm Pirnie conducted an evaluation of the required changes necessary to expand Class I landfill operations at the SRL. The evaluation for the modification of current daily operations to expanded Class I landfill operations consisted of the following activities: Calculating the remaining airspace capacity Calculating the expected site life Evaluating the current operations Evaluating the existing infrastructure Evaluating the potential community impacts Conducting a cost analysis of the modification Providing a schedule for the modification This report includes information related to the County s organization and management of the SRL with emphasis on the existing equipment, facilities, material transferred and disposed, and operation and maintenance. The Report is divided into the following sections: Executive Summary Section 1 Introduction: includes a brief description of the SRL, its role in the overall management of solid waste within Broward County, and an overview of current SRL operations, equipment, staffing, and waste volumes accepted Section 2 Methodology: provides brief descriptions of the activities involved in the development of this Report Section 3 Results: includes an analysis of the effects on the SRL and the surrounding community of changing from the current operations to the proposed expanded Class I landfill operations and a proposed timeline of events for changing to the proposed expanded Class I operations 26

27 Report Summary Landfill Capacity and Site Life The current lined landfill area of the SRL consists of 52 acres, of which approximately 36 acres have been substantially filled. Present filling activities are being conducted in cell 2A, which is approximately seven acres in area. Additionally, approximately nine acres of lined landfill area is available in cell 2B. The airspace calculations in this report include the six inches of initial cover required by FDEP, as this material cannot be separated from the waste mass after placement. Assuming a final closure design that includes six inches of soil bedding for the liner, removal of the one foot of intermediate cover (allowed by FDEP rules) and two feet of final cover over the liner (net total of 2.5 feet) across the entire 52-acre footprint yields a net airspace capacity of 1,917,670 cy as of January 10, If the SRL continues to only landfill Class III material for the duration of its lifetime within the existing 52-acre area, it has approximately 23 years of remaining capacity assuming an average acceptance rate of 49,000 tons per year and a waste density of 0.61 tons/cy. If the facility begins to accept Class I material from WSB for a two-year period, under the best case scenario the SRL will not run out of capacity in the 52-acre area until December Under the worst case scenario, the SRL will run out of capacity in September Infrastructure Evaluation Currently, the SRL operates with two 120,000-pound capacity truck scales (one inbound, one outbound) at the Weigh Station. The average waste tonnage landfilled at the SRL, over the last three Fiscal Years (FY), was approximately 42,497 tons per year (including cover material). Recent trends show that the SRL processed an average of 143 vehicles per day between FY 2008 and FY Based on the actual days of operation at the SRL, the WSB facility processed an average of 246 transactions per day (District waste only) between FY 2008 and FY The combined SRL and WSB facilities average daily transactions will yield approximately 389 vehicles per day that would have to be processed over the scales at the Weigh Station. Based on the evaluation of the current daily traffic volume at the SRL, combined with the anticipated traffic volume from the WSB facility, changes to the scale operations would have to be made, which may include the following: Use of current outbound scale for weighing inbound trucks, modify tipping fees for small vehicles to a per load basis, and create and store tare weights for large vehicles. Install an additional scale, either purchased or rented, for the duration of the anticipated expanded Class I landfill operations. There is approximately 1,100 feet of roadway from the entrance gate to the inbound scale at the Weigh Station. This length would allow for the queuing of approximately 25 frontend loading garbage trucks with five feet of space between each truck. The existing entrance roadway into 27

28 cell 2A may be too narrow to handle the expected size of the front-end garbage trucks and traffic volumes. Malcolm Pirnie suggests that, prior to the commencement of expanded Class I operations, the entrance roadway into cell 2A be widened to accommodate the anticipated traffic flow. Malcolm Pirnie also suggests that the County consider paving a portion of the Western Loop Road, which provides access to the entrance roadway to cell 2A. Should the County expand the SRL Class I landfill operations, it will be imperative that efforts are expedited to address the need for a new leachate treatment or pre-treatment system. The City of Pembroke Pines Wastewater Treatment Facility currently accepts leachate discharges from the SRL and as such should be notified prior to commencement of the expanded Class I landfill operations. Malcolm Pirnie suggests that if the County expands the SRL Class I landfill operations that automatic backup power be provided to the leachate collection and gas collection systems in the event of an extended power outage in accordance with Rule (8)(b) and Chapter of the Florida Administrative Code (FAC). Community Impacts Malcolm Pirnie suggests that the County conduct community meetings with the neighboring communities often and as soon as possible prior to expanded Class I landfill operations, to address concerns with potential impacts to the surrounding areas. Capital Costs Based on the equipment currently at the SRL and the minimum amount of equipment required for expanded operations of a Class I landfill using local landfills as a baseline comparison, the County should add the following equipment either to the rolling stock at the landfill or have them available through an agreement with a local vendor: One 120,000 lb. compactor One front-end loader One excavator One backup generator (for leachate and gas management systems) One horizontal grinder One equipment maintenance/fuel truck One portable generator Total expected capital cost for the equipment above is estimated in the range of $3,410,000 - $3,845,000. The estimated capital costs provided are only preliminary values, and the County should conduct a thorough analysis of equipment and available options, such as leasing versus purchase, that is most effective and best suits the needs of expanded Class I landfill operations at the SRL. 28

29 Based on the estimates provided by Mettler Toledo, Inc., it is more cost effective to purchase an additional inbound scale if the County decides to install an additional scale for the inbound operations. The capital cost for the purchase and installation of a 35-foot scale is approximately $66,712 versus approximately $89,202 for a 23-month lease and installation. Should the County pave the Western Loop Road, which provides access to the active landfill cell, the application of two inches of FDOT Type S-III asphalt estimate is approximately $90,915. The total estimated capital costs due to expanding the Class I operations at the SRL are expected to be in the range of $3.5 - $4.0 million as shown in the table on the following page. The overall capital costs shown are the estimated purchase prices of the additional equipment needed, which is the most expensive option. Many other options are available to lease, rent, or otherwise make the equipment available as needed, which could reduce costs. In addition, there are several ways that the capital costs could be incurred that would change the total year-to-year costs. A more detailed analysis should be performed to determine the best operational and financing strategies for the SRL. Operating Costs The existing operating costs of the SRL are approximately $200 per ton, which is heavily skewed due to the low tonnage of waste delivered to the site. The expanded Class I operations would achieve economy of scale by greatly increasing the tonnage delivered and only marginally increasing the operational costs (i.e. fuel, maintenance, etc.), which would reduce the per ton cost of operations. The County should expect to operate the SRL as a Class I landfill at a cost in the range of $19 to $25 per ton. A thorough evaluation would be required to provide a more concise cost range of the landfill disposal operating costs specifically applicable to the SRL. Closure and Long-Term Care Costs Based on the most recent (August 2010) estimates filed with FDEP, the total design capacity of the SRL, and assuming a waste density of 0.61 tons/cy (equivalent to the last eight years), the closure and long term care costs for the existing 52-acres of landfill cells is estimated at $7.53 per ton (in 2010 dollars). 29

30 SRL Expanded Class I Operations - Cost Summary Cost Factor Estimated Cost Cost Factor Estimated Cost Capital Costs Operational Costs Closure and Long-Term Care Costs $3.5M - $4.0M $19 - $25 per ton $7.53 per ton Landfill Expansion For the purposes of this evaluation it was assumed the SRL would accept Class I material from the WSB facility for a period of two years, ending August 1, 2013, at which time the SRL would no longer continue to accept Class I material and resume prior Class III filling operations. Based on the worst-case depletion rate scenario, if the County were to expand the Class I landfill operations the SRL would have almost 26 months of capacity remaining (at the increased tonnage rate) at the end of July If the County continued the expanded Class I operations, the SRL would run out of capacity by September 2015 and would need to be expanded in order to accept additional waste and maintain its existing capability as an interim contingency landfill. The following bullets highlight the major schedule items that will need to be addressed in order to expand Class I landfill operations: A minor permit modification will be necessary if the SRL receives Class I material. The total duration for this task is estimated at 60 days. The County would need to lease or purchase additional equipment, as well as establish agreements with equipment vendors, to have items such as generators available for emergencies. The total duration for this task is estimated as 90 days. A leachate disposal alternatives analysis would need to be performed, which would require an estimated 90 days. The SRL lined footprint would need to be expanded in order to accept additional waste without exhausting the current lined area. The total duration for this task would be approximately 600 days. If the County resumed the existing Class III operations by July 2013, the SRL would have several years of remaining capacity. The SRL would eventually need to be expanded in order to accept additional waste and maintain its existing capability as an interim contingency landfill, but the County would have a much longer planning horizon. 30

31 EXHIBIT D Active Waste-to-Energy Plants in Southern and Central Florida [Excludes plants that do not process municipal solid waste] Facility Name Broward County South Resource Recovery Facility North Broward Resource Recovery Facility Dade County Resource Recovery PBSWA Resource Recovery Site #7 Lee County Resource Recovery Facility Hillsborough County Waste-to-Energy Plant McKay Bay Refuse-to-Energy Plant Pasco County Resource Recovery Bridgeway Acres Lake County Resource Recovery County Broward Broward Miami-Dade Palm Beach Lee Hillsborough Hillsborough Pasco Pinellas Lake Source: Florida Department of Environmental Protection 31

32 EXHIBIT E Yard Waste and Construction & Demolition Debris Recycling Programs in Urban Areas Yard Waste Recycling Programs The following are descriptions of yard waste programs provided in nine regions of the U.S., typically included as part of an overall solid waste collection program with weekly pick-up service. Residents set out branches, tree trimmings, leaves and other yard waste materials using a variety of methods, including bundling with twine, using special kraft bags, carts, or their own waste containers. The programs outlined below include a range of 63,000 to 409,000 households, with recent annual yard waste tonnages ranging from 242 to 659 pounds per household. The yard waste materials in these areas are processed at either county-owned or privately owned facilities, through contracts with quasi-public agencies for the operation of the processing facilities or through county staff. End uses for the materials are typically compost, mulch and other soil amendment products. Details and unique components for each of the nine yard waste recycling programs are provided in the table and descriptions below, including three county programs in Florida; three Maryland counties in the Washington, DC metropolitan area; municipal programs in Texas and Minnesota; and the Des Moines Metro Waste Authority in Iowa. Municipalities within the six county programs described below have the option of participating in their county s program or providing their own yard waste services. Program costs are not included in any of the program descriptions due to the variation in market dynamics, contracting and program approaches. 32

33 Region Yard Waste Recycling Programs No. of households serviced Recent annual tonnages Ave. lbs. per household per year Palm Beach Co., FL 409,000 91, Hillsborough Co., FL 257,000 72, Lee Co., FL 154,750 39, Montgomery Co., MD 210,885 36, Howard Co., MD 63,000 11, Prince George s Co., MD 167,000 55, Austin, TX 182,250 27, Minneapolis, MN 110,000 21, Des Moines Metro Waste Authority, IA 125,000 15, Palm Beach County, Florida Palm Beach County provides weekly yard waste collection service to residents in unincorporated areas. The county owns a series of transfer stations and a composting facility, where residential yard waste is composted and converted into mulch. Hillsborough County, Florida Hillsborough County collects yard waste placed in containers or bags. In addition to the tonnages received from residential set-out, an additional 50,000 tons are delivered by commercial or residential self-haulers to the county s yard waste facility each year. The county owns and manages a large yard and woody waste processing operation, and markets their material as compost and mulch. Lee County, Florida In addition to the tonnages collected through residential curbside collection, 57,000 tons of yard waste are delivered to Lee County s processing facility by commercial customers and residents who choose to self-haul. The county utilizes a significant amount of its yard waste for production of OrganicLee compost, which is sold at county locations by the bag or in bulk. 33

34 Montgomery County, Maryland Montgomery County is part of the Washington, DC metropolitan area and is the largest county in Maryland. The county provides weekly recycling, garbage and yard waste collection (or solid waste services) for residents in unincorporated areas. Montgomery County contracts with a statewide quasi-public agency for the operation of a yard waste processing facility located adjacent to the county s waste-to-energy plant. Residents may dispose of yard waste using regular waste containers of 32 gallons or less, kraft bags, or bundling. Most of the materials are delivered to a transfer station located in the center of the county and shipped via rail to the county s yard waste processing facility. The county also accepts and processes commercial yard waste. The primary end-market for both residential and commercial materials is a compost product called LeafGro, which is bagged and sold in retail outlets. Montgomery County owns most of its solid waste management infrastructure, including the yard waste processing facility; a Materials Recovery Facility; a transfer station; and a waste-to-energy facility. All of these facilities are accessible via rail, which the county utilizes extensively to move materials. Howard County, Maryland Howard County is located in both the Washington, DC and Baltimore metropolitan areas, and also provides weekly solid waste services in its more densely populated areas through contracts with private haulers. The county contracts with a quasi-public agency for operation of a yard waste processing transfer facility. Residents have the option of bundling yard waste set-outs; using their own containers; or utilizing special kraft bags made available for the program. Haulers deliver the materials either directly to the yard waste facility or to the county s transfer station, which is located at a central landfill site. LeafGro is also the primary end-market for Howard County s yard waste materials. Commercial yard waste is processed at the county s transfer station site, and either made available for mulch or used on-site. Prince George s County, Maryland Prince George s County, also in the Washington, DC metropolitan area, provides yard waste collection through private haulers, with residents having the option of using bags or bundling. The county owns and operates a regional yard waste processing and composting facility. The majority of the yard waste processed is manufactured into LeafGro, which is bagged and marketed through sales in the DC Metro area s home improvement retailers and nurseries. Austin, Texas The City of Austin s yard waste program is a subscription-based service, but virtually all eligible households participate as part of Austin s collection program. The city utilizes its own collection fleet and crews, and operates its own yard waste processing facility. While both single-stream recycling and garbage collections are performed using automated carts, the yard waste program allows residents to use their own containers 34

35 or special kraft bags for pickup by rear or side-loading vehicles. Austin s yard waste material is blended with small levels of treated sewage sludge and processed into Dillo Dirt, which is a compost/soil product available at retail locations. Minneapolis, Minnesota In Minneapolis, yard waste must be bagged or bundled, and are collected weekly but only from mid-april through mid-november. The yard waste is processed into mulch and soil amendment products by a private contractor. Des Moines Metro Waste Authority, Iowa Through the Des Moines Metro Waste Authority s Compost It! yard waste recycling program, residents within the City of Des Moines are provided with weekly yard waste collection year-round, and service is provided from April through November in the remaining areas. There is also a two-week span in January in which holiday trees are collected curbside. The Authority processes yard waste into compost for sale to wholesalers, and sells bulk amounts to businesses and residents. Construction and Demolition Debris Recycling Programs Florida is one of the few states that counts C&D debris as part of its municipal solid waste stream. C&D debris generated by building-related construction, demolition and renovations is considered part of Florida s solid waste stream. Materials generated through roadway, bridge, and other non-building related activities are considered non- MSW wastes and are not counted as part of the County s solid waste stream. C&D debris is generally made up of brick, concrete, asphalt roofing material, gypsum wallboard and lumber generated from construction, renovation or demolition projects. It is collected from project sites in roll-off dumpsters and delivered to recycling or disposal facilities (sometimes through a transfer station). The majority of Broward s cities allow a single hauler exclusive collection rights to solid waste (including C&D debris) as part of their solid waste franchise agreements. There are also a number of independent haulers that provide services in non-exclusive cities, and some land development, construction, and roofing contractors that haul C&D debris generated at their worksites. In some instances, buildings or facilities are deconstructed, whereby valuable or historical building materials, including old growth lumber or antique fixtures, are carefully removed from the structure for reuse. The level of deconstruction activities in Broward County is unknown. Historically, most local governments have utilized education efforts to increase C&D recycling. However, newer approaches are combining incentives and regulations to drive recycling and diversion levels higher. Many state and local governments are increasingly linking C&D recycling with green building ordinances and requirements. Builders can earn green certification through the US Green Building Council s 35

36 Leadership in Energy and Environmental Design (LEED) Program by recycling C&D debris, using recycled materials in the construction process. A summary of a blend of market-based and regulatory approaches to C&D debris recycling and management are detailed below, including five jurisdictions from California. The state has long been a leader in C&D recycling, and recently enacted statewide building codes (CalGreen). Lee County, FL (Population: 618,754) Lee County has had a mandatory C&D recycling ordinance in place since 2007, mandating the recycling of at least 50% of the debris generated in residential and commercial construction projects exceeding $90,000 in value, and in renovations valued at more than $10,000. Contractors are required to submit a C&D materials management plan, as well as documentation such as a signed certification, gate receipts, and photos. The County offers technical assistance to residents and businesses by providing contractor guides and a directory of authorized recycling facilities. Sarasota County, FL (Population: 379,448) Sarasota County does not mandate C&D recycling, but has an extensive voluntary program whereby the county provides planning and assistance in identifying C&D materials; on-site best management practices; the purchase of recycled products; and provision of a construction waste management guidelines document for contractors, complete with reporting templates and lists of donation centers. In addition, the county adopted a resolution that allows for a 50% reduction in permit fees for new construction projects that seek Leadership in Energy and Environmental Design (LEED) certification. San Diego, CA (Population: 1,256,951) San Diego s ordinance requires a waste management plan designed to divert at least 50% of project materials for residential and commercial construction, demolition and remodeling projects. The city requires deposits ranging from $200 to $50,000 for residential construction, demolition, and renovations, with rates assessed on a per square foot scale. Commercial projects also require the $200 minimum deposit but have no maximum limit. Eligibility for deposit refunds is contingent upon using a certified recycling facility or providing documentation, such as receipts and photos, of the donation of reusable goods. The city provides technical assistance, including preconstruction meetings; a project diversion rate calculator; and a listing of certified acceptance facilities. City of San Jose, CA (Population: 939,900) San Jose adopted a C&D recycling ordinance in March 2001, and later incorporated California Green Building Codes (CalGreen) for new construction projects. CalGreen refers to statewide codes that were established to enhance building concepts that lead to positive environmental impacts and to encourage sustainable construction practices. Application of the city ordinance and CalGreen codes is extended to residential and commercial new construction, renovations, and demolition projects. 36

37 The city s ordinance requires deposits for the following: new construction valued at or above $115,000 for residential projects and $135,000 for commercial construction; renovation projects valued at $2,000 (residential) and $5,000 (commercial); and residential demolition projects valued at $5,000 or more, with no threshold for commercial demolition projects. A full project refund for contractors is contingent upon recycling or diverting 50% of the waste materials generated, and partial refunds are provided for projects that meet only part of this threshold. Materials must be taken to a certified facility or donated/reused. Per requirements in CalGreen s building codes, the city is pursuing coordination of LEED credits with C&D recycling. Sacramento, CA (Population: 453,781) The city s ordinance applies to all building permits over $250,000 in value, as well as all down-to-the-ground demolition permits; and all projects covered by the new CalGreen building code. Covered projects must recycle 50% of all generated debris. The fee is 0.04 percent of the project valuation, with a minimum of $40 and a maximum of $800. The city requires a security deposit of 1% of project value (up to $10,000) if the applicant was found in violation of the C&D ordinance within the previous 12 months. Prior to issuance of a building permit, contractors must submit a waste management plan to the city detailing which haulers will collect the waste and where it will be delivered, as well as paying a fee and security deposit (if applicable). Builders must maintain a log of debris hauled from site and copies of weight tickets from hauling and disposal. City of Irvine, CA (Population: 212,375) In compliance with Irvine s ordinance, contractors in Irvine must submit a construction waste management plan in advance of obtaining a permit and a compliance report within 30 days of project completion. Covered projects include: all projects involving new or existing residential development (except renovations of single residential units); new commercial development; and new commercial demolition and/or renovation of a project area of 10,000 square feet or greater. Contractors submit a $1 per square foot deposit, with a maximum limit of $50,000. The ordinance requires recycling or diversion of 75% of asphalt and concrete and 50% of other identified materials. Plano, TX (Population: 259,841) Contractors in Plano must submit C&D recycling deposits for residential and commercial demolition, new construction and renovations based on per square foot rates, with a maximum amount of $11,250. Builders also pay base fees of $250 for all commercial projects in excess of 5,000 square feet, and $750 for single-family dwelling units larger than 5,000 square feet. The deposits are refunded with documentation if a 60% diversion rate is met. For projects that don t meet the 60% diversion requirement, the deposits are returned based on a pro-rated basis. Like many other jurisdictions, Plano is combining C&D recycling with green building and LEED certification programs. 37

38 EXHIBIT F Projected Net Obligations on the District s Reserves Staff has estimated the following obligations on, and additions to, the District s unrestrictive reserves, until the end of the ILA in July of 2013: Balance as of 9/30/10 Less: Commercial property taxes for waste-to-energy plants Real estate taxes for south site Wheelabrator 2011 Annual Settlement (combined) Deficit due to difference between FY 12 tipping fee and Wheelabrator contract price Revenue shortfall due to declining tonnage Plus: Funds released from restricted reserve upon maturity of County bonds (July 2011) FY 11 impact from reduction of fees at South Plant Net obligation on reserve balance: $60.6 million $ 2.3 million 0.4 million 2.4million 2.3 million 2.8 million 4.6 million 2.0 million $ 3.6 million 38

39 B ~RD COUNTY FLORIDA Ilene Lieberman Commissioner. District 1 ilieberman@broward.org DATE: September 28, 2011 Desiree H. Barnes. Aide Beverly Stracher, Admin. Coordinator FAX District Office: 1 North University Dr., Room 111A Plantation. FL FAX: TO: FROM: RE: Board of County Commissioners Commissioner Ilene Liebermaa~ Single-Stream Recycling Grants On June 28, 2011 (Agenda Item #112), the County Commission approved a budget transfer of $20 million from reserves within the Resource Recovery Fund, to enable the funding of municipal programs to stimulate single-stream recycling. As the Resource Recovery Board has begun to implement this program, several municipalities have noted a provision which will hamper its success: all of the funds provided to cities, but not expended and verified by July 2, 2013 (the expiration of the current lnterlocal Agreement for Solid Waste Services), must be returned to the District or a designated successor agency. For cities that did not already have a program in their FY 2012 budget which would be eligible for the new funding, this constraint creates an extremely tight window in which to take advantage of this recycling effort. In response to this unforeseen barrier, the Resource Recovery Board considered various options to resolve the problem at its meeting of September 15, 2011, and voted unanimously to recommend the following change (regarding the agreement between the RRB and each municipality) to the County Commission: Terminate monitoring by the Resource Recovery Board/WRS in 2013, but rely upon contract terms and the public to ensure compliance, via the following language: Subsequent to July 2013, no additional reports or documents shall be due, however partner city agrees to expend funds pursuant to the terms of this agreement only, and for no other purpose. Further, for any grant funds received pursuant to this agreement, funds shall be placed in a separate account by partner city entitled "Single Stream Recycling Grant Fund." Said account shall have a notation. on the account that shall state the following "funds in this account shall only be dispersed according to the agreement between (name of partner city) and the Resource Recovery Board dated (applicable date). As Chair of the Resource Recovery Board, I urge you to endorse this change to the single-stream grant program as soon as possible. cc: Bertha Henry, County Administrator Ron Greenstein, RRB Executive Director Gene Steinfeld, District Counsel Board of County commissioners south Andrews Avenue, Room 417. Fort Lauderdale, Florida

40 Resource Recovery Board Broward Solid Waste Disposal District P.O. Box Margate, FL FAX Chair: Commissioner Ilene Lieberman, Broward County Board of County Commissioners Vice Chair: Mayor Lou Sarbone, Coconut Creek Commissioner Vince M. Boccard, Coral Springs Mayor Suzanne Boisvenue, Oakland Park Commissioner Alexandra P. Davis, Miramar Commissioner Beam Furr, Hollywood Commissioner Joseph A. Scuotto, Sunrise Mayor John P. Jack Seiler, Fort Lauderdale Commissioner Frank B. Talerico, Margate Executive Director: Ron Greenstein District Counsel: Eugene M. Steinfeld September 8, 2011 To: From: Re: Resource Recovery Board Eugene M. Steinfeld District Counsel Single Stream Recycling Grants SUGGESTIONS TO PROVIDE FOR A METHOD BY WHICH THE SINGLE STREAM RECYCLING GRANTS MAY EXTEND PAST Extend the present ILA to the end date of the last recycling grant agreement with any partner city for the limited purpose of administering recycling grant funds. This would require approval of 51% of the population of the cities and approval by the County Commission. 2. Enter into an Interlocal Agreement between the District and Broward County, whereby Broward County will monitor and otherwise insure that all grant terms are complied with. This will require that the present grants agreement have the word successor or Broward County or Broward County Board of County Commissioners be inserted where applicable. This will require approval of an Interlocal Agreement by the Resource Recovery Board and the Board of County Commissioners. 3. Terminate monitoring by the Resource Recovery Board/WRS in 2013, but rely upon contract terms and the public to ensure compliance. I would suggest the following: Subsequent to July 2013, no additional reports or documents shall be due however partner city agrees to expend funds pursuant to the terms of this agreement only, and for no other purpose. Further, for any grant funds received pursuant to this agreement, funds shall be placed in a separate account by partner city entitled Single Stream Recycling Grant Fund. Said account shall have a notation on the account that shall state the following funds in this account shall only be dispersed according to the agreement between (name of partner city) and the Resource Recovery Board dated (applicable date). However, the following language was provided in the backup for the Broward County Commission in their approval of funds for single stream recycling purposes, on June 28, 2011: Any funds not expended and verified by July 2, 2013 (the expiration of the current Interlocal Agreement for Solid Waste Services), would be returned to the District or a designated successor agency. (See attached) In light of the above language, I recommend that this suggestion also be reviewed by the Broward County Commission.

41 EXHIBIT H Leachate Disposal Strategy for the Southwest Regional Landfill Background Approximately 15 million gallons of leachate are generated at the Southwest Regional Landfill (SRL) on an annual basis, as a result of rainwater percolating through buried solid waste. From 1988 to 2002, SRL s leachate was hauled off-site (via tanker) and discharged to wastewater treatment systems in the cities of Hollywood, Miramar and Pembroke Pines. In 2002, Broward County entered into an Interlocal Agreement (ILA) with the City of Pembroke Pines for the treatment and disposal of SRL s leachate at the City s wastewater treatment plant. Therefore, since 2002, SRL s leachate has been discharged exclusively to the City of Pembroke Pines wastewater treatment system. The ILA included an initial five-year term with an option for two five-year renewals. However, in a letter dated September 14, 2010, the City stated that it would only accept the leachate until June 18, Thereafter, SRL would have to make alternate arrangements for its leachate treatment and disposal. Leachate Treatment In 2011, Camp Dresser & Mckee, Inc. (CDM) produced a report for the County which evaluated on-site leachate treatment alternatives. Several alternatives were initially explored by CDM as possible on-site leachate treatment options. However, based on the quality/quantity of leachate generated and the physical limitations associated with the solid waste disposal area and overall site, the two most feasible options (wetlands treatment and membrane filtration using reverse osmosis) were selected and further evaluated. Based on the details presented in their evaluation, CDM recommended pursuing wetlands treatment as an on-site leachate treatment alternative, as it is a costeffective, long-term solution to leachate management requiring minimal oversight/ resources to maintain the system once constructed. Treatment by membrane filtration using reverse osmosis could be considered as a backup option should permitting of the wetlands treatment system become problematic. Interim Disposal Measure As there is an estimated three-year timeline associated with permitting, design and construction of an on-site leachate treatment system, it is anticipated that all leachate generated at SRL will be loaded into tanker trucks and hauled off-site for discharge into a City of Sunrise force main (via the Davie Landfill access point) or a City of Miramar wastewater treatment plant, as an interim measure. Leachate Reduction Measure via Recirculation System In order to minimize the leachate volume required for treatment and disposal, staff recommends that a leachate recirculation system be constructed to recirculate as much 41

42 of the leachate as possible back into the landfill. The benefits of recirculation include: minimizing leachate disposal volume; aiding in waste composition; reducing hauling costs; and a reduction in the cost to construct and operate a wetlands treatment system, due to a decreased volume of leachate requiring treatment. The recirculation system would require the hiring of a consultant for regulatory permitting and design preparation, as well as a contractor for system construction. Funding The total capital construction cost for recirculation and treatment (including consultant services) is estimated to be between $4.5 and $5 million. A more precise cost for constructing the leachate treatment system would be provided by the consultant completing the design and permitting. Although the capital cost payoff may be eight to nine years when compared to the annual cost of hauling leachate off-site, this investment is recommended because it will provide an on-site, long-term, sustainable, environmentally beneficial and cost-effective solution to leachate management. Timeframes, costs and procurement methods for each of the project tasks are outlined in the table that follows. 42

43 Leachate Disposal Action Plan Project Tasks Interim Disposal Measure Procurement of Contractor Hauling of Leachate Off-site Leachate Recirculation System Procurement of Contractor Design and Permitting Construction Operation and Maint. Leachate Treatment (Consultant) Procurement of Engineering Firm Design and Permitting Estimated Timeline 1/1/12 6/15/12 6/16/12 9/30/14 1/1/12 9/30/12 10/1/12 12/31/12 1/1/13 4/30/13 5/1/13 9/30/14 1/1/12 9/30/12 10/1/12 3/31/13 Capital Costs Estimated Costs Annual Total Costs Operation through & Maint. 9/30/14 Costs Procurement Method $0 $570,000 $1,282,500 BID $1,000,000 $50,000 $1,071,000 RLI or RFP $500,000 $0 $500,000 RLI Inspection and Certification of Project Leachate Treatment (Contractor) Procurement of Contractor 1/1/14 9/30/14 3/31/13 12/31/13 $3 - $3.5 million $50,000 $3 - $3.5 million BID Construction 1/1/14 9/30/14 43

44 EXHIBIT I Broward Resource Recovery System Site Inventory Revised: October 2011 Solid Waste and Recycling Services 44

45 Introduction At its meeting of August 18, 2011, the Resource Recovery Board directed staff to provide descriptions, locations, existing and permitted uses (including land use), zoning, and special exceptions, for all the properties in the Resource Recovery System. This report is intended to fulfill that directive. According to the Interlocal Agreement governing the Broward Solid Waste Disposal District, the Resource Recovery System is defined as follows [Section 2.17]: The term resource recovery system shall mean the facilities which are constructed, operated, maintained and repaired or caused to be constructed, operated, maintained and repaired pursuant to this Agreement for the purpose of transfer or disposal of solid waste of the CONTRACT COMMUNITIES and the unincorporated County and the recovery and sale of materials and energy, therefrom, including all landfills, contingency landfills, transfer stations, treatment facilities and electrical generation facilities all attendant to the resource recovery system. Excluded from this definition is the COUNTY landfill located in the Town of Davie which is in existence as of the date of the execution of this Agreement. In addition, the Interlocal Agreement defines Transfer Stations as follows [Section 2.23]: The term transfer stations means the sites and receiving facilities constructed, operated, maintained and repaired by the COUNTY or a full service contractor retained by the COUNTY for the acceptance of solid waste for transfer to resource recovery system disposal facilities because a part of the resource recovery system is not operational. Other transfer facilities and those used by haulers for reasons other than previously described shall not be considered a part of the resource recovery system. Based on the above, staff has determined that the following properties are included in the Resource Recovery System: North Resource Recovery Plant (private) South Resource Recovery Plant and Ash Monofill Southwest Regional Landfill Materials Recovery Facility (MRF) (private) In addition, the following vacant properties are a potential part of the Resource Recovery System: Alpha 250 North Alpha 250 South 45

46 46

47 Broward Resource Recovery System Site Inventory North Resource Recovery Plant Site Location* North Resource Recovery Plant 2600 NW 48 Street (unincorporated) Size Approx acres Parcel # Legal Description Waste Management Inc. Plat No. 2-A, Parcel A Current Use Waste-to-energy plant Future Land Use Plan Designation Zoning Designation** Plat Restriction Electrical Generation Facilities M-4 (limited heavy industrial) PUD (planned unit development) Resource recovery plant and incinerator Other Restrictions * See attached aerial photograph Owned by Wheelabrator North Broward, Inc. 47

48 North Resource Recovery Plant 48

49 Broward Resource Recovery System Site Inventory South Resource Recovery Plant/Ash Monofill Site South Resource Recovery Plant/ Ash Monofill Location* 4400 South State Road 7, south of I-595 (unincorporated) Size 162 acres Parcel # Legal Description Current Use A portion of Parcels A and B of Route 441 Resource Recovery Site Waste-to-energy plant Future Land Use Plan Designation Zoning Designation Plat Restriction Electrical Generation Facilities, Industrial PUD (Planned Unit Development) 250,000 square feet of resource recovery site Other Restrictions * See attached aerial photograph Leased by Broward County to Wheelabrator South Broward, at lessee s option, until Uses of property under lease agreement are: resource recovery plant, landfill, electric generation facility, and related activities. Lease also allows County to use a portion of the site as a temporary debris storage area. 49

50 South Resource Recovery Plant/Ash Monofill 50

51 Broward Resource Recovery System Site Inventory Southwest Regional Landfill Site Southwest Regional Landfill Location* 7101 SW 205 Avenue (unincorporated) Size 588 acres Parcel # Legal Description Current Use Future Land Use Plan Designation Zoning Designation** Plat Restriction Broward County Interim Contingency Sanitary Landfill 52 acres constructed and lined landfill 158 acres potential landfill expansion area 58 acres ancillary to landfill (e.g., buildings, roadways, parking) 223 acres wetlands 37 acres additional stormwater management areas 60 acres designated for Electrical Generation Facilities Utilities (approx. 528 acres) Electrical Generation Facilities (approx. 60 acres) A-6 (Agricultural-Disposal) Sanitary landfill and related facilities Zoning of surrounding property * See attached aerial photograph ** See attached list of permitted uses (See second aerial photograph) Southwest Ranches: A-1=Agricultural Estate, 1 unit per 2 ½ gross acres. Pembroke Pines: A-1=Limited Agricultural, min. plot size of 35,000 square feet for a single family unit. PUD=Planned Unit Development, no maximum density. 51

52 Southwest Regional Landfill 52

53 53

54 List of Permitted Uses: Southwest Regional Landfill Excerpts from Broward County Zoning Code: Sec Uses permitted. A-6 No building or structure, or part hereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than one or more of the following specified uses: (1)Any use permitted in an A-1 district, subject to the limitations and requirements specified for such use in an A-1 district. (2)Dump, sanitary landfill, incinerator, or resource recovery facility. (3)Accessory structures and uses. Sec Uses permitted. A-1 Plots in agricultural districts may be used for one or more of the following specified uses: Key to abbreviations: P = Permitted NP = Not Permitted C = Conditional Permitted Uses A-1 1-family detached dwellings P Nonprofit neighborhood social and recreational facilities P Places of worship and accessory schools and day care centers P Community residential facilities P Crop raising and plant nurseries (commercial and noncommercial) with on-premises sales limited to crops or plants grown or cultivated on the plot where they are being sold, and related landscaping materials incidental to such sales P Essential services P Fish breeding (commercial and noncommercial) P Outdoor events (subject to Section ) C Animals (subject to Section ) P Veterinary clinics (no overnight stay or animal runs) P Veterinary hospitals NP Kennels, commercial boarding and breeding NP Permitted accessory uses to a 1-family dwelling Detached guest house or servants' quarters (no kitchen) P Yard sales C Home offices C Family day care homes P Horse boarding stable P Commercial equestrian operations P Any other use naturally and customarily associated with any permitted use shall be considered accessory to the above, provided the accessory use is clearly incidental to, subordinate to, and subservient to the permitted use it serves. 54

55 Broward Resource Recovery System Site Inventory Materials Recovery Facility Site Materials Recovery Facility (MRF) Location* Size Pembroke Road Pembroke Pines Approx. 139 acres Parcel # Legal Description Current Use Reuter Plat Parcel A Materials recovery facility Future Land Use Plan Designation Zoning Designation Plat Restriction Agricultural A-6 (Agricultural Disposal) 595,000 square feet of industrial uses Other Restrictions * See attached aerial photograph Owned by Waste Management, Inc. 55

56 Materials Recovery Facility (MRF) Broward Resource Recovery System Site Inventory Alpha 250 North 56

57 Site Alpha 250 North Location* Size North & west of Blount Road, north of Copans Road Pompano Beach acres Parcel # Legal Description Current Use Alpha 250 Parcel 22 Vacant Future Land Use Plan Designation Zoning Designation** Plat Restriction Industrial I-1/PCI General Industrial Planned Commercial/Industrial Overlay 342,000 square feet of industrial use Other Restrictions * See attached aerial photograph ** See attached list of permitted uses 57

58 Alpha 250 North List of permitted uses Alpha 250 Sites Excerpts from the City of Pompano Beach Code of Ordinances, Chapter

59 I-1 GENERAL INDUSTRIAL DISTRICT. (A) Intent. This district is intended to accommodate a wide range of manufacturing, storage and construction industry uses but not heavy or hazardous manufacturing processes. (B) Permitted Uses. (1) Manufacturing except for acids, explosives, ammunition, fertilizer, soap, insecticides and batteries; (2) Warehousing including storage, wholesaling, indoor recycling and distribution; (3) Truck terminals; (4) Vegetable and fruit packing houses; (5) Brewery, winery, distillation of liquors; (6) Food processing, including meat and fish (but no slaughtering); (7) Rifle and gun range; (8) Educational, scientific or industrial research; (9) Corporate or business offices; (10) Plant nursery (wholesale); (11) Truck and equipment repair within a totally and permanently enclosed building; (12) Bakery (not retail); (13) Hydroponic garden (outside activity authorized); (14) Fish hatchery (outside activity authorized); (15) Motion picture studio (outside activity authorized); (16) Metal working and machine shops; (17) Restaurant and/or bar; in conjunction with Implementation Section 3.02 of the Future Land Use Element; (18) New automobile, truck, motorcycle, boat and trailer sales and service (outdoor display permitted). Service facilities shall be located behind the showroom facilities such that the service bays are not visible from the street; (19) Auto repair or paint and body within a permanently and totally enclosed building; (20) Indoor commercial recreation uses. (C) Special exception uses. (1) Animal burying ground (outdoor use authorized); (2) Carnival, circus or similar amusement enterprise (outdoor use authorized); (3) Race track: automobile, motorcycle, horse or dog (outdoor use authorized); (4) Outdoor storage including lumber yards; woodworking establishments; building equipment sales, leasing and storage. (5) Day care center; (6) Water tanks. (7) Open lots for used car sales (subject to compliance with landscape ordinance, outdoor display permitted). (D) Conditional uses. (1) Telecommunications towers 59

60 Broward Resource Recovery System Site Inventory Alpha 250 South Site Location* Size Alpha 250 South South & east of Blount Road, north of Copans Road Pompano Beach 22.2 acres Parcel # Legal Description Alpha 250 Parcel 21 Current Use Vacant Future Land Use Plan Designation Zoning Designation Plat Restriction Industrial I-1/PCI General Industrial Planned Commercial/Industrial Overlay Passive park Other Restrictions * See attached aerial photograph Designated as Natural Resource Area No. 37 A perpetual conservation easement is granted to SFWMD for the entire parcel.

61 Alpha 250 South 6