THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.
This action supports the Board of County Commissioners' Value of "Ensuring economic opportunities for all people and businesses in Broward" 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), incorporated in the State of Florida on November 23, 1993. Since then, the company 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. In February 19, 1987, the company, operating as Cliff Berry and Associates, Inc., obtained a permit from the Port Everglades Authority to provide vessel oily waste removal services. After Port Everglades became a part of Broward County, the requirement to provide these type of services at the Port changed from a permit to a franchise. CBI was granted a vessel oily waste removal services franchise on December 2, 1993 (Item 12-PH), and sanitary waste water removal services franchise on November 11, 1999 (Item 3-PH). On February 14, 2006 (Item 2-PH), the Board denied the renewal of their separate vessel sanitary waste water removal services franchise. The denial stemmed from pending felony charges against Cliff Berry II, who held controlling interest in the company at the time. Cliff Berry II was acquitted of all charges on December 17, 2008. On October 16, 2008, CBI withdrew their application for renewal of the company’s oily waste removal services franchise which expired on December 31, 2008.
CBI has applied for a new vessel oily waste removal services franchise and for a new vessel sanitary waste water removal services franchise, which is the subject of a separate agenda item. Port staff has reviewed the vessel oily waste removal service franchise application against the enumerated issuance criteria set forth in Chapter 32 of the Broward County Administrative Code. Staff’s due diligence included corresponding with the applicant’s representative to clarify franchise requirements, and reviewing the applicant’s corporate status, business history/experience, litigation history, insurance, financial documents and creditworthiness, required licenses, company programs and policies, and statement of intended activities.
In addition, the applicant’s environmental history was reviewed and findings are included under Section Q of the application. The Florida Department of Environmental Protection issued a Warning to the company on September 11, 2012 for deficiencies regarding hazardous waste and used oil management at the company’s Miami facility. CBI corrected the areas of concern and paid the $4,000 fine. The case was closed on December 19, 2012. On July 6, 2015, the U.S. Coast Guard (USCG) issued CBI a Notice of Violation in Charlotte, SC for conducting an over the water oily waste transfer with an expired Facility Response Plan (FRP). The FRP was brought up to date and CBI was issued a Warning in Lieu of Civil Penalty. 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 the company’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 with no additional remedial action required on September 9, 2016. CBI also received a number of warning notices from both FDEP and DERM for operations at their Miami facility between 2012 and 2016, all of which were closed after corrective measures were taken. Staff has concluded that the applicant acted promptly and responsibly to resolve the deficiencies documented in Section Q of the application.
Based on the information provided in the application and staff’s review, staff has determined that the applicant meets the criteria for a new vessel oily waste removal service franchise as set forth in Chapter 32.20 of the Broward County Administrative Code. Vessel oily waste removal service franchises may be issued for any period of time up to five years. Past practice has been for staff to recommend issuance of a vessel oily waste removal service franchise for an initial term of one year and each subsequent renewal for a term of up to five years. Accordingly, staff is recommending that the vessel oily waste removal service franchise be granted for a one-year term.
The franchise agreement has been reviewed by the Port Everglades’ Risk Manager and approved as to form by the Office of the County Attorney. Complete application and supporting documents are on file in the Port Everglades Business Administration Office.
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