Broward County Commission Regular Meeting


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AI-25206 8.       
Meeting Date: 09/26/2017  
Department: County Attorney  

Information
Requested Action
MOTION TO AUTHORIZE Office of the County Attorney to enter into a Joint Motion for Agreed Final Order providing for a civil penalty and administrative costs in the administrative proceeding of Broward County v. MJP Distribution, LLC, NOV17-0001.

(Commissioner Bogen pulled this item.)

ACTION:  (T-10:40 AM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 6-0.  Commissioner LaMarca and Mayor Sharief were not present during the vote.  Commissioner Ryan was not present. 
Why Action is Necessary
Subsection 1-51.3(E)(2) of the Broward County Code of Ordinances requires Board approval before any claim in excess of $15,000 may be settled on behalf of Broward County.
What Action Accomplishes
Approval allows settlement of this claim.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE ENVIRONMENTAL AND CONSUMER PROTECTION DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION. 
 
This agenda item is a motion to authorize the Office of the County Attorney to enter into a proposed Joint Motion for Agreed Final Order with MJP Distribution, LLC ("Respondent"), to resolve multiple violations of Chapter 27 of the Broward County Code of Ordinances regulating air quality and the containment of asbestos. The violations relate to the Respondent's failure to submit to the Environmental Protection and Growth Management Department ("EPGMD") an original Notice of Asbestos Renovation or Demolition form and an asbestos survey at least ten working days prior to commencement of building demolition; failure to have at least one on-site representative trained in the provisions of asbestos regulations during renovation activity; failure to contain asbestos in leak-tight wrapping; discharge of visible emissions of asbestos-containing material; and failure to dispose of all asbestos containing materials as soon as practical by the waste generator at an authorized waste disposal site. The demolition project was located at 3900 NW 37th Street, Lauderdale Lakes, Florida 33309.

Under the terms of the Agreed Final Order, the Respondent agrees to pay a civil penalty in the amount of $18,820 and administrative costs of $300 for a total of $19,120. The Respondent agrees to enter into a payment plan, which shall include interest at a rate of 5.17% per year beginning on the date that the Agreed Final Order is rendered in EPGMD's files. EPGMD concurs with and recommends approval of the proposed Joint Motion for Agreed Final Order.
 
If authorized by the Board, the Joint Motion for Agreed Final Order will be signed by the Office of the County Attorney and submitted to the Hearing Examiner for consideration.
Source of Additional Information
Benjamin D. Crego, Assistant County Attorney, 954-357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
Not applicable.
Attachments
Exhibit 1 - Copy of Joint Motion for Agreed Final Order


    

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