HomeMy WebLinkAboutR-23-0003City of Miami
Resolution R-23-0003
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12811 Final Action Date: 1/12/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING THE CONSENT DEGREE, IN SUBSTANTIALLY THE ATTACHED
FORM AND INCORPORATED AS EXHIBIT "A", WITH THE UNITED STATES
OF AMERICA'S ENVIRONMENTAL PROTECTION AGENCY ("EPA");
AUTHORIZING THE CITY MANAGER TO ENTER INTO THE CONSENT
DECREE WITH THE EPA; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A SETTLEMENT AND COOPERATION
AGREEMENT WITH FILMORE INVESTORS CORP., PEMBROKE PARK
WAREHOUSES BUILDING CO., BROWARD COUNTY, AON 31ST LLC, PARK
31ST CORP., AND THE NON-FEDERAL GENERATOR POTENTIALLY
RESPONSIBLE PARTIES, IN A FORM ACCEPTABLE TO OUTSIDE COUNSEL
AND THE CITY ATTORNEY, WHICH PROVIDES FOR A DE MINIMIS
SETTLEMENT OF THE CITY OF MIAMI'S ("CITY") RESPONSIBILITY FOR
FUNDING CLEANUP AND RECOVERY COSTS ASSOCIATED WITH THE
PETROLEUM PRODUCTS CORPORATION SUPERFUND SITE;
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY $155,292.00 TO THE
PPC TRUST ACCOUNT FOR THE DE MINIMIS SETTLEMENT; ALLOCATING
FUNDS FROM ACCOUNT NO. 00001.980000.531010.0.0.
WHEREAS, an environmental claim had been asserted by the United States of
America against the City of Miami ("City") and multiple other waste generator parties for
alleged disposal of waste oil to the Petroleum Products Corporation ("PPC") Superfund
Site ("Site") located in Pembroke Park, Broward County, Florida; and
WHEREAS, the City's motor pool allegedly sent 83,055 gallons of waste oil to the
Site, representing an approximate .596% volumetric contribution; and
WHEREAS, the Site was listed on the National Priorities List for contaminated sites
on July 22, 1987; and
WHEREAS, based on invoices documenting the City's involvement in the Site, the
Environmental Protection Agency ("EPA") determined that the City was a generator of
hazardous wastes at the Site, and is therefore jointly and severally liable for the cleanup
and recovery costs at the Site; and
WHEREAS, in October 2000, the EPA offered to settle this matter on a de minimis
basis for $378,304.00 with the City, but the City did not accept the offer; and
WHEREAS, the City subsequently joined a group of Potentially Responsible
Parties ("PRPs"), in a Cooperating Parties Group ("CPG"); and
City of Miami Page 1 of 3 File ID: 12811 (Revision:) Printed On: 6/24/2025
File ID: 12811 Enactment Number: R-23-0003
WHEREAS, the CPG, by and through separate outside legal counsel and a
remedial contractor, have been overseeing assessment activities to date and coordinating
with the EPA and the Florida Department of Environmental Protection; and
WHEREAS, the Site was divided by the EPA into three Operable Units (OU1, OU2,
and OU3): OU1 was designed to address the removal of free oils from the subsurface of
the Site; OU2 is designed to address oily -impacted soils; and, OU3 will address
groundwater contamination, should additional remedial action be required following OU2;
and
WHEREAS, the City signed a Consent Decree entered by the United States
District Court for the Southern District of Florida in the case styled United States of
America v. Petroleum Products Corp., Case No. 91-CV-2014; and
WHEREAS, in July 2021, the EPA issued a Record of Decision for OU1, OU2 and
an interim remedy for OU3, and determined the City is now eligible for a second de
minimis settlement offer due to its relatively low volumetric contribution to the Site; and
WHEREAS, pursuant to the proposed de minimis settlement, the City will enter into
a consent decree and execute a Settlement and Cooperation Agreement which reallocates
monies paid in over time by the City and other members of the CPG to fund assessment
and cleanup activities at the Site and provides payment through the de minimis settlement
to owners of the real property as consideration for the relocation of tenants from buildings
that will or may be demolished at the Site during remediation; and
WHEREAS, the City's de minimis settlement portion is $155,292.00 after
applicable credits; and
WHEREAS, outside counsel, has investigated this claim and recommends that
said claim be settled for the terms summarized above and as memorialized in a written
Settlement and Cooperation Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The consent decree, in substantially the attached form and incorporated as
Exhibit "A", is hereby approved.
Section 3. The City Manager is authorized' to enter into a consent decree, in
substantially the attached form and incorporated as Exhibit "A".
Section 4. The City Manager is further authorized to negotiate and execute a Settlement
and Cooperation Agreement, in a form acceptable to outside counsel and the City Attorney, a
draft of which is attached and incorporated as Exhibit "B", in full and complete settlement of the
City's responsibility for cleanup and recovery costs at the Site.
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 3 File ID: 12811 (Revision:) Printed on: 6/24/2025
File ID: 12811 Enactment Number: R-23-0003
Section 5. The Director of Finance is authorized' to pay the PPC Trust Account the total
sum of $155,292.00 for the City's de minimis settlement.
Section 6. Funds to be allocated from Account No. 00001.980000.531010.0.0
Section 7. This Resolution shall become effective immediately upon its adoption
APPROVED AS TO FORM AND CORRECTNESS:
dez, ity ttor ey 1/3/2023
City of Miami Page 3 of 3 File ID: 12811 (Revision:) Printed on: 6/24/2025