THE OFFICE OF THE COUNTY ATTORNEY RECOMMENDS APPROVAL.
The Participation Agreement ("Agreement") provides for the parties potentially liable for contamination caused by the release of waste oil at the Petroleum Products Corporation ("PPC") Superfund site ("Site") to raise the funds required to address soil and groundwater contamination at the Site, including funds for retention of common legal representation. Funding assessments for participants are based on the percentage of the waste volume each party contributed to the Site and on property ownership.
Broward County assumed responsibility for just over four percent (4%) of the waste oil sent to the Site by the Broward Transit Authority when Broward County acquired the Authority in 1975. Broward County also became the owner of a parcel within the southeast portion of the Site on Carolina Street (Parcel ID No. 514220000440) due to PPC's failure to pay taxes, resulting in a 1991 Tax Deed being issued to the County. In 1994, Broward County entered into an Amended Participation Agreement with other potentially responsible parties for the initial steps for recovery of waste oil at the Site. Site contamination does not currently threaten the health of persons living or working near or at the Site due to restricted access, pavement, and waste oil recovery efforts.
Under the 1994 Amended Participation Agreement for the initial recovery of waste oil, Broward County has paid assessments to date of $128,409.17. Assessments have been kept relatively low for a Superfund site due in large part to the Site qualifying for a state funding program for the cleanup of petroleum contaminated sites, which has either reimbursed or directly incurred most of the costs to date. Broward County would pay an initial assessment of $4,270 based on a waste volume share of 4.27% to join the new Participation Agreement to address final remedies regarding soil and groundwater contamination.
Until EPA chooses final remedies for soil and groundwater contamination, the costs for work under the Participation Agreement are uncertain. Based upon the most current EPA Feasibility Study work, remedial costs for all the potentially responsible parties could approach $32,000,000. Broward County may be liable for up to $1,340,000 in assessments over the next three (3) to four (4) years. However, because four (4) settling federal agencies are liable to reimburse other potentially responsible parties for sixty-two percent (62%) of the costs, and the Site may continue to receive state funding reimbursements, final costs to Broward County are estimated to be $505,600 or less.
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