THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.
This action supports the Board of County Commissioners' Value of "Ensuring economic opportunities for Broward's diverse population and businesses" and the Goal to "Increase the economic strength and impact of revenue-generating County enterprises balancing economic, environmental, and community needs."
Cliff Berry, Inc., (CBI) was incorporated in the State of Florida on November 23, 1993. Since then, CBI has grown its operations to provide petroleum and hazardous waste services in many locations, including Fort Lauderdale, Miami, Fort Myers, Tampa, Cape Canaveral and Jacksonville, with a current workforce of over 150 employees. CBI had operated at Port Everglades since 1999 providing vessel sanitary waste water removal services under the authority of franchises approved by the Broward County Board of County Commissioners (Board) up until 2006. On August 22, 2017, (Item No. 103-PH) the Board approved CBI’s new nonexclusive vessel sanitary waste water removal services franchise for an initial term of one year, from August 22, 2017, through August 21, 2018. CBI has submitted an application for renewal of the nonexclusive vessel sanitary waste water removal services franchise for a five-year term, from August 22, 2018, through August 21, 2023. CBI has also submitted an application for renewal of its nonexclusive vessel oily waste removal services franchise, which is the subject of a separate agenda item.
Staff has reviewed the vessel sanitary waste water removal services franchise application against the enumerated renewal criteria set forth in Chapter 32 of the Broward County Administrative Code. Staff’s due diligence included corresponding with CBI’s representative to clarify franchise requirements and reviewing of CBI’s corporate status, resumes of executive staff and list of managerial personnel, business history/experience, litigation history, insurance, financial documents and creditworthiness, discharge of previous financial obligations to County, compliance with all franchise terms and conditions, required licenses and certificates, company programs and policies, list of equipment to be used at Port Everglades, statement of intended activities, and actions to promote and develop business growth at Port Everglades. No false or misleading information was submitted as part of the franchise application.
CBI's safety and environmental history was also reviewed as submitted under Section Q of the application. No infractions occurred as a result of operations at Port Everglades. The Florida Department of Environmental Protection (FDEP) issued CBI a warning notice on November 22, 2013, for a container failure that occurred during transport of hazardous waste in Miami. CBI completed cleanup and established new policies to prevent further occurrences. A fine of $2,630 was assessed on July 14, 2015, and subsequently paid. On December 9, 2015, CBI received a Notice of Violation from the Miami-Dade County Department of Environmental Resource Management (DERM) for a spill of waste to the ground at CBI’s Miami facility due to a rupture in an underground sewage line. CBI repaired the line and replaced the contaminated soil. DERM closed the case on September 9, 2016, with no additional remedial action required. CBI also received a number of warning notices from both FDEP and DERM for operations at their Miami treatment facility between 2013 and 2018. All of the notices were closed except for one warning notice from DERM issued on January 25, 2018, alleging odors from the Miami facility. That notice remains open, and CBI continues to work closely with DERM to address the issues. Staff believes that CBI acted promptly and responsibly to resolve the deficiencies documented in Section Q of the application.
Based on the review of information provided in the application, staff has determined that CBI meets the criteria for renewal of a vessel sanitary waste water removal services franchise. Vessel sanitary waste water removal services franchises may be granted for any period of time up to five years. Past practice has been for staff to recommend granting the renewal of a vessel sanitary waste water removal services franchise for a term of five years. Accordingly, staff is recommending that the franchise be renewed for a five-year term. The complete application and supporting documents are on file in the Port Everglades Business Administration Division.
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