HomeMy Public PortalAbout20-9728 NFL Recycling CorporationSponsored by: City Manager
RESOLUTION NO.20-9728
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING
APPROVAL OF A REQUEST FROM NFL RECYCLING
CORP. (C/O NELSON FUENTES LARA) AND 25th
AVENUE WAREHOUSE LLC (C/O MARIANELA
SANDIGO) TO GRANDFATHER, AS A NON-
CONFORMING USE, A SCRAPMETAL
YARD/OUTDOOR RECYCLING OPERATION AT 14569
NW 25TH AVENUE, OPA-LOCKA, FLORIDA, 33054;
IDENTIFIED BY FOLIO 08-2122-002-0430 IN THE I-2
ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to the City's Code of Ordinance and the City's Land
Development Regulations, Ordinance 15-31, provides that the City Commission has the
power to approve, approve with conditions or modifications or deny any site plan
review request or development order; and
WHEREAS, the applicant has presented a request to continue their operation on
the property located at 14569 NW 25th Avenue, Opa-Locka, FL because they were
provided licensure without formal site plan review and approval; and
WHEREAS, the City Manager hereby recommends approval with conditions of
the operations at 14569 NW 25th Avenue, Opa-Locka, FL, as set forth herein; and
WHEREAS, the City's Land Development Regulations, Section 22-11 regarding
Nonconforming Development states: "It is the purpose and intent of this section to
provide procedures whereby lawful nonconforming structures and uses may be
maintained when not creating a detrimental effect upon other persons or property
within the vicinity, and in so doing to bring such uses and structures up to present
standards to the maximum possible extent"; and
WHEREAS, Miami -Dade County Department of Regulatory and Economic
Resources, Division of Environmental Resource Management has required NFL
Recycling Corp., and 25th Ave. Warehouse LLC to comply with the terms of a Consent
Agreement which requires City Commission approval or disapproval as to
grandfathering of the subject business in the capacity of which it is currently operating
to obtain City licensure approval and compliance with Chapter 24-31 of the Miami -
Dade County Code; and
Resolution No. 20-9728
WHEREAS, the applicant has provided a site plan draft to the City to address its
current operations and the Planning & Community Development Department staff has
reviewed this site plan draft and, through the City Manager, recommends that approval
as a legal non -conforming use should include certain conditions to be completed on the
subject site consistent with the timeline specifications set forth herein; and
WHEREAS, the City Commission waives review by the Planning & Zoning
Board, pursuant to the City Land Development Regulations, Ordinance 15-31, Section
22-32 which provides that the City Commissions authority shall include, but not be
limited to, approval, approval with conditions or modifications or denial and hearing
appeals from any board or administrative body of the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and are incorporated into
this Resolution by reference.
SECTION 2. Approval/Denial.
Approval/Denial of Site Plan. The City Commission of the City of Opa-locka hereby
approves / denies NFL Recycling's Scrap Metal Yard/Outdoor Recycling operation as a
Grandfathered Non -Conforming Use at 14569 NW 25th Avenue, and identified by
Folios 08-2122-022-0430, in the I-2 Zoning District subject to progression of the
following conditions set forth herein.
SECTION 3. Conditions of Approval.
The following conditions must be completed as set forth herein within the time frames
specified or else the property site shall immediately revert back requiring full
compliance with all terms and conditions of the City of Opa-Locka's Ordinances, Rules
and Land Development Regulations for the subject property site. All of the following
timeline specifications shall apply and to the extent that the parties disagree on the
interpretation of a meaning as set forth herein, the meaning determined by the City of
Opa-Locka shall apply:
1) Provide 15 Days after City Commission Approval:
The applicant/business owner must submit a letter of Intent to present how
the business will operate on the site
Existing storage container must be removed.
2) A11 of the following conditions must be incorporated into the Site Plan and
submitted to the City (PCD) 30 Days after City Commission Approval:
Resolution No. 20-9728
• Provide an accurate drawing scale must be provided to confirm site activities.
• Provide the purpose for the buildings and sheds shown on the plan which
have no indication as to the proposed use for this operation.
• Provide building heights and square footage of each building/ structure.
• Provide Existing easements with the recording information.
A Provide Existing zoning and existing uses on adjacent properties.
• Identify the loading and un-loading areas and provide proposed screening on
the plan.
A Provide location and access for dumpster enclosures for waste removal.
• Provide ingress and egress to address ferrous and non-ferrous removal and
processing, i.e. compaction, bailing, etc.
• Provide a tabular for the site plan that addresses what is required and what is
provided: for set -backs, parking, landscaping.
• Indicate how the Swale in the middle of the property is shown to be sloped
from the unloading area of non-ferrous materials without a mechanism to
prevent the collection of potentially contaminated water flows.
• Flood Plans and drainage must be provided.
• Provide landscaping and irrigation plan
• Address civil plan for water retention, drainage. (Curb and Gutter, retention
pond)
A Provide Civil drawings which indicate if drainage is existing or proposed.
• Provide a Traffic Impact Statement
Provide the plan to stack the delivery trucks on site so as not to impede
neighborhood traffic.
• Installation of a new screening wall or fence
• Location of Signage on site and on the building facade.
• Site Lighting and visibility easements.
• Building Color and facade.
3) Additionally, Applicant shall: a) Submit Building Permits based on the City
approved Site Plan 60 Days after City Commission Approval; b) Complete all of
the construction based on the approved site plan and RER-DERM regulations 270
Days from City Commission Approval; and c) Complete all requirements for
final inspection (CO) 365 Days after City Commission Approval.
SECTION 4. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected or re -codified copy of same with the City Clerk.
Resolution No. 20-9728
SECTION 5. EFFECTIVE DATE.
This Resolution shall, upon adoption, become effective as specified by the City of Opa-
locka Code of Ordinances and the City of Opa-locka Charter.
PASSED AND ADOPTED this 15Th day of January, 2020.
Matthew A. Pigatt, Mayor
ATTEST:
oa s a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL EFFICIENCY:
adette Nor
City Attorney
-Weeks, P.A.
Moved by: Commissioner Burke
Seconded by: Commissioner Kelley
VOTE: 4-1
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley YES
Vice -Mayor Davis YES
Mayor Pigatt NO
72A I Local Cr State
Itiimni ?lrrnlJ
SUNDAY DECEI19 H8019
11NIIIHUAI0I011
HICM 9dtiE ;9A
LANSKY
THE MOB'S
ACCOUNTANT
Lanky, known as "the
Mob's accountant," a de-
scription he'd eschew,
would come back to Miami
Beach to take care of busi-
ness himself.
The Bussian-bom Maier
Suehowijaaky was consid-
ered by law enforcement
"to be a geniis of finance
with the proceeds of boot-
legging and gambling with
notorious associates in-
cluding Lucky Luciano and
Buggy Siegel," the Miami
Herald once said.
Lanky said "there's no
such thing as organized
in 1978.
A police officer once
described Liras y as "the
Andrew Carnegie of the
Mob," the Herald reported
in 1983. His fast arrest
came in 1918, when he was
about 16, for felonious
assault in New York.
He reputedly joined
forces with Benjamin (Bug-
sy) Siegel to form the Bugs
and Meyer Mob in 1921,
the Herald reported in his
obituary. "The gang spe-
cialized in hijacking can
and guarding bootleg li-
quor shipments for other
hoodlums during the Pro-
hibition era"
In the 1930s and 1940s,
Lanky was linked to illegal
gambling casinos in South
Florida, New Orleans,
Havana and Saratoga, New
York.
In 1972, Israeli authori-
ties deported him back to
South Flotda, where the
government brought Lan -
sky to trial with the testi-
mony of loan shark Vincent
"Fat Vnmie" Teresa Lan -
sky was acquitted in 1974.
He'd cop to one thing: "I
admit quite frankly that I
made a fortune from boot-
legging," he said In "Lan -
sky, Mogul of the Mob," a
book written by three Is-
raeli journalists to whom
Meyer Lamky at Miami International Airport in
February 1978.
he granted limited cooper-
ation, the Herald reported.
LMNG IN MIAMI BEACH
Landry spent the rest of
his life in Miami Beach
living with his second wife,
Thelma, at the Imperial
House in the 5200 block of
Collin Avenue. He had
three children from his
first wife, Anna, whom he
divorced in 1948 to many
Thelma. He repotfedly
doted on his children —
Remard, Paul and Sandra.
The Miami Herold once
described Lankay as
small, mild-mannered and
grandfatherly man who
looked like anyone else his
age, playing our life's clos-
ing years in Miami Beach."
People recall seeing
Lanky shopping at the
cn's clothing stored at
al Harbour Shops and
getting hair cub at Carou-
sel Barber Shop in Surfdide.
The mobster also hung
out at the Singapore on
Colin Avenue and was
often seen dicing at the
two Wolfie Sandwich Shop
delis that were on Lincoln
Road and Collins Avenue.
They were famed for their
overdmfied pastrami sand-
wiches and supersized
slabs of their "world fa-
mous cheesecake."
Lanky died from lag
cancer at Moat Sinai
Medical Center in Miami
Beach on Jan. 15, 1983. He
waa 80.
"Lanky outlived all the
big hoodlums of his era:
Capone, Costello, Luciano,
Giancent, Anastasia, Lep-
ke, Joe Adonis, Longie
ZwiOman. His name is part
of our history and our le-
gend. But when the obits
en the other day, there
was a sense that the true
story was now gone for-
m," the Herald wrote a
week after Ida death
LANSKY ON AUCTION
The Fin Autographs and
Artifacts auction from RR
Auction concludes Jan 8.
Auction spokesman Mike
Graff expects the letter to
attract interest
"Gangster memorabilia
Is one of RR's most popular
specialty categories," Graff
said. "They are best known
for selling the Bonnie and
Clyde's gun for more than
$500,000, In 2012."
On Saturday, the Lanky
letter had attracted a bid of
$220 so far.
In 2018, a 14-karat gold
tie clip said to belong to
Lanky went for $526 after
it was auctioned by Aaron
Lombardo, Vincent
Lombardo's grandson.
Forte mmtion, visit
uction.com.
CITY OF OPA-LOCKA, FLORIDA
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka,
Florida will hold public hearings at a Regular Commission Meeting on Wednesday,
January 8, 2020 at 7:00 p.m. at the Sherbondy Village Auditorium 215 President
Bara& Obama (Perviz) Avenue, Opa-locks, Florida to consider the following items:
IiF.sRING:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, RECOMMENDING APPROVAL OF A REQUEST FROM
NFL RECYCLING CORP. (C/O NELSON FUENTES LARA) AND M. AVE.
WAREHOUSE EEC (C/O MARIA.NELA SANDIGO) TO GRANDFATHER,
AS A NON -CONFORMING USE, A SCRAPMETAL YARD, SUBJECT
TO CERTAIN CITY REQUIRED CONDIITONS FOR THE PROPERTY
LOCATED AT 14569 NW 25• AVE. AND IDENTIFIED BY FOLIO 08-2122-
002-0430 ENTRE I-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE
DATE.
SECOND READING ORDINANCES/PUBLIC Brit RINGS:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, RECOMMENDING APPROVAL OR DENIAL. OF A
REQUEST TO REZONE THE PARCEL LOCATED AT THE CORNER OF
NW 129TH STREET AND NW 27TH AVENL'E FROM 0-2 TO B-3 TO ALLOW
THE CONSTRUCTION OF A SELF STORAGEFACILITY ON THIS PARCEL
AND 12940 NW 27TH AVENUE, OPA-LOCKA, FL 33054, IDENTIFIED BY
FOLIOS 08-2128-004-0022 AND 08-2128-004-0031; PROVIDING FOR AN
EFFECTIVE DATE (first rending/public hearing held on December 11, 2019).
AN ORDINANCE OF lab CITY COMMISSION OF THE CITY OF
OPA LOCKA, FLORIDA, AMENDING CHAPTER 17, ARTICLE III OF
THE CITY'S CODE OF ORDINANCES ENTITLED "PLANNING AND
DEVELOPMENT" TO INCLUDE NEW DIVISION 3 TO BE ENTITLED
"UNITY OF TITLE"; PROVIDING A DEFINITION FOR OF UNITY OF
TITLE; ESTABLISHING REQUIREMENTS AND PROCESS FOR L^NEFY
OF TITLE; AMENDING SECTION 2.655(GG) OF THE CTTY'S CODE
OF ORDINANCES TO INCREASE THE FINE FOR UNITY OF TITLE
APPLICATION FROM $200.00 TO S500.00: PROVIDING FOR CONFLICT
AND REPEALER; PROVIDING FOR SEVERABI,ITY; PROVIDING FOR
INCLUSION ,N CODE; PROVIDING FOR AN EFFECTIVE DATE, (first
reading/public hearing held on December 11, 2019).
Additional information on the above items may be obtained in the Office of the City
Clerk, 780 Fisherman Street, 4° Floor, Opalocka, Florida. NI interested persons are
encouraged to attend this meeting and will be beard with respect to the public hearings.
In accordance with the Americans with Disabilities Act of 1990, persons needing
special accommodation to participate in the proceeding shoidd contact the Office of
the City Clerk at (305) 953.2800 for assistance no later than seven (7) days prior to the
proceeding. If hearing impaired, you may telephone the Florida Relay Service at (800)
955-8771 (TTY'), 800) 955-8770 (Voice), (877) 955-8773 (Spanish) or (877)9.55-
8707(cruoto.
PURSUANT TO FS 286.0105: Anyone who desires to appeal any decision made
by any board, agency, or commission with respect to any matter considered at such
meeting or hearing will need a record of the proceedings, and for that reason, m
need to ensure fiat a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal may be based
Joanne Flores, CMG
City Clerk
City of Opo-loc ka
,,ROM ?4GE I04
TREES
starting in the spring.
Miami -Dade residents
interested in the tree
mulch can sign up at Imp:
//cbud.info.re rnidade
.gov/ehri.mn .tree to be
notified once it's avail-
able.
•Trees recycled in
Broward County will be
chipped and used for
landscaping throughout
the county park system
If you want to recycle
your tree this year, here's
what you need to know:
MIAMI-DADE COUNTY
L Drop-off
You can drop off your
clean, decoration -free
Christmas Tree at the
West Miami -Dade Home
Chemical Collection Cen-
ter, 8801 NW 58 St, or at
one of the county's 10
Trash and Recycling Cen-
ters.
The centers are open
wen days a week from 7
Am. to 5:30 p.m.
• Eureka Drive - 9401
SW 184 St
• Golden Glade -140
NW 160 St
• Moody Drive -12970
SW 268 St
• North Dade Landfill -
21500 NW 47 Ave.
• Norwood-19901 NW
Seventh Ave.
• Palm Springs North -
7870 NW 178 St
•Sapper Creek - 2200
SW 117 Ave.
•South Miami Heights
- 20800 SW 117 CL
• West Little River -
1830 NW 79 St
• West Perrin -16651
SW 107 Ave.
2. Place your tree as
the corbel& by zone
Crews will be collecting
trees at the subside be-
tween Jan. 7 and Feb. L
You can are the map
found on Miami -Dade
County's website or refer
to the schedule below to
determine what zone your
home falls wider.
•Zone 1
Location: South side of
Southwest 152nd Street to
Southwest 400th Street in
Homestead
Place tree at the curb by
Sunday, Jan.5
Pick-up ? err Jan. 7-11
Location South side of
SW 88th Street to north
side of SW 152nd Street
Place tree at the curb by
Sunday, Jan. 12
Pick-up week: Jan. 13-18
• Zone 3
Location: South side of
NW 25th Street to north
side of SW 88th Street
Place tree at the nub by
Sunday, Jan. 19
Pick-up week. Jan 20-
25
•Zone 4
Location: NW 215th
Street to the north side of
NW 25th Street
Place tree at the nub by
Sunday, Jan. 26
Pick-up weer Jan 27 -
Feb.l
4. Use one of your
avalable bulky waste
pickups
'pees placed at the
subside as part of a
scheduled bulk waste
pickup will not be recy-
cled into mulch
Miami -Dade County
was not available for
comment on what would
happen to the trees col-
lected in the scheduled
bulk waste pickup.
Recycle your tree for free
Park & Velodrome, 9501
Sheridan St, Cooper City
Phone: 954-357-5150
• C.B. Smith Park, 900
N. Flamingo Road, Pem-
broke Pines
Phone: 954-357-5170
• Eaeterlin Park, 1000
NW 38th St, Oakland
Park
Phone: 954-357-5190
• Fern Forest Nature
Center, 201 Lyon Road
South, Coconut Creek
Phone: 954-357-5198
• Markham Park &
Target Range, 16001 W.
State Rnad 84, Sunrise
Phone: 954-357-8868
• Plantation Heritage
Park, 1100 S. Fig Tree
Lane, Plantation
Phone: 954-357-5135
• Rev. Samuel Delevue
Memorial Park, 2520 NW
Sixth St., Fort Lauderdale
Phone: 954-357-8801
•Snake Warrior's Is-
land Natural Area, 3600
SW 62nd Ave., Miramar
Phone: 954-357-8776
• TYadevvinde Park &
Stables, 3600 W. Sample
Road, Coconut Creek
BROWARD COUNTY Phone: 954-357-8870
The free Chip -A -Tree •Tree Tops Park, 3900
program will be available SW 100th Ave., Davie
at 13 parka through )an. Phone: 954-357-5130
20. Those who visit the •T.Y. (Topeekemee
park to recycle their Yugnee) Park, 3300 N.
clean, decorated -free Park Road, Hollywood
Christmas tree will not Phone: 954-357-8811
have to pay the regular •Vista View Park, 4001
weekend and holiday gate SW 142nd Ave., Davie
entrance fee. Phone: 954-357-8898
'free collection hours • West Lake Park, 1200
vary by park and residents Sheridan St, Hollywood
are asked to call ahead. Phone: 954-357-5161
Hem are the partidpa-
tingparks: Michdk Marchante:
•Brian Piccolo Sports 305-376-2708
Ro 4 1 , 111-:
FEEL THE U/36S./ '\
•
KINGSTON CITY
MARATHON X
1/2 MARATHON 1 101< 1 51<
MARCH 15, 2020
COME RUN IN JAMAICA!
GREAT ACCOMODATION PACKAGES
AND CITY TOURS AVAILABLE I
MARCH 13.
MARCH 14.
MARCH 15'.
WELCOME PARTY
LIFESTYLE 3 FITNESS EXPO
RACE DAY I AWARDS CEREMONY
RUN THROUGH SOME OF KINGSTON'S TOP ATTRACTIONS
N IAMAICA I
If:IR
A JP
_..Alt, .
MACS
KINGSI'ONCII YRUN(.CMAIL.COM
W W W.I<INGSTONCITYRUN.COM
HCPmedia
www.ourjamaica.com
City of Opa-Locka
Agenda Cover Memo
P'E'CEIVED
CITY OF OPA-LOCKA
OFFICE OF TI lE CITY CLERK
2019 DEC 23 PM 3: 31
Department Director:
Gregory Gay
Department Director
Signature:
J
Finance Director:
FD Signature:
Department
v0°°
City Manager:
John Pate
CM Signature:
Commission Meeting
Date:
12-20-19
Item Type:
(Enter X in box)
Resolution
r na ce
Other
X
Fiscal Impact:
(Enter X in box)
Yes
No
Ordinance Reading:
(Enter X in box)
15t Reading
2na
Reading
X
X
Public Hearing:
(EnterX in box)
Yes
No
Yes
No
X
X
Funding Source:
AccountJ# :
(Enter Fund
& Dept)
Ex:
PTP
Advertising Requirement:
(Enter X in box)
Yes
No
X
Contract/P.O. Required:
(EnterX in box)
Yes
No
RFP/RFQ/Bi#: N/A
x
Strategic Plan Related
(Enter X in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic
Public Safety
Quality of Education
Qual. of Life & City
Communcation
Area:
•
Strategic Plan
Obj./Strategy: (list the specific
objective/strategy this item will
address)
X
Dev S
•
M
Image •
El
Sponsor Name
City
Manager
Department: Planning & Community
Development
City Manager
Short Title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
RECOMMENDING THE APPROVAL OR DENIAL OF NFL RECYCLING'S SCRAP METAL
YARD/OUTDOOR RECYCLING OPERATION AS A GRANDFATHERED NON-CONFRORMING USE AT
14569 NW 25T" AVENUE, OPA-LOCKA, FLORIDA, 33054 AND IDENTIFIED BY FOLIO 08-2122-002-
0430 IN THE 1-2 ZONING DISTRICT. PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Per the site plan that was provided by NFL Recycling, PCD staff recommend the issue of
grandfathering the Scrap Metal Yard/Outdoor Recycling should be placed on the next Opa-locka
City Commission agenda for their consideration. If considered for approval, per PCD Staff
RESOLUTION- NFL RECYCLING- APPROVAL AS GRANDFATHERING (NON -CONFORMING USE) 12-20-19
reviewed the Site Plan Draft submitted by NFL Recycling, the following conditions are
recommended:
• The applicant/business owner must submit a Letter of Intent to present how the business
will operate on the site.
• Provide an accurate drawing scale must be provided to confirm site activities.
• Provide the purpose for the buildings and sheds shown on the plan which have no
indication as to the proposed use for this operation.
• Provide building heights and square footage of each building/structure.
• Provide Existing easements with the recording information.
• Provide Existing zoning and existing uses on adjacent properties.
• Identify the loading and un-loading areas and provide proposed screening on the plan.
• Provide location and access for dumpster enclosures for waste removal.
• Provide ingress and egress to address ferrous and non-ferrous removal and processing,
i.e. compaction, bailing, etc.
• Provide a Tabular for the site plan that addresses what is required and what is provided:
for set -backs, parking, landscaping.
• Indicate how the Swale in the middle of the property is shown to be sloped from the
unloading area of non-ferrous materials without a mechanism to prevent the collection of
potentially contaminated water flows.
• Flood Plans and drainage must be provided.
• Provide irrigation plan
• Address civil plan for water retention, drainage. (curb and gutter, retention pond)
• Provide Civil drawings which indicate if drainage is existing or proposed.
• Existing storage container must be removed.
• Provide a Traffic Impact Statement
• Provide the plan to stack the delivery trucks on site so as not to impede neighborhood
traffic.
• Installation of a new screening wall or fence
• Location of Signage on site and on the building facade.
• Site Lighting and visibility easements.
• Building Color and facade.
These are the comments/conditions based on the engineering plans provided if grandfathership is being
considered.
BACKGROUND
The site plan for NFL Recycling was forwarded to PCD office on November 21st 2019 for review.
The property under its current use was cited by Code Enforcement. The business owners are
looking to upgrade their site to comply with the 1-2 zoning designation, however the use of a scrap
metal recycling operation is not permitted within this zoning district. NFL Recycling has been
operating under a license issued by the city since 2016, the licensure they have does not reflect
the type of work being done by the company has been working under said license.
In September 2013, the business owners, Nelson Lara, applied for an occupational license to
"storage and warehousing of electric motors, to cut up and sold." Staff determine this use as a
scrap metal operation and the application was denied. The site appears to have had a variety of
uses since 2005, from storage of containers, dumpsters, pallets, and heavy vehicles. In 2016, the
RESOLUTION- NFL RECYCLING- APPROVAL AS GRANDFATHERING (NON -CONFORMING USE) 12-20-19
outside scrap metal operation appears to begin per the aerials provided by Miami -Dade Office of
the Property Appraiser.
The type of open air/outside recycling operation they are conducting is allow in the 1-4 Liberal
Industrial Storage and Salvage zoning district. The 1-4 zoning district is located in an area of the
City bounded by NW 32 Avenue to the east, CSX ROW to the west and south of NW 135th Street
to the City Limits along NW 127th Street. In order for this scrap metal recycling operation to be
considered for grandfathership to the type of recycling allowed in the 1-2 Industrial zoning District,
the recycling should occur inside a wholly included building or structure.
Proposed Action:
Staff has recommended approval of this legislation.
Attachment:
Staff Memo -Recommendation
NFL Recycling Site Aerials
Consent Agreement — Miami Dade County DERM
RESOLUTION- NFL RECYCLING- APPROVAL AS GRANDFATHERING (NON -CONFORMING USE) 12-20-19
TO:
Memorandum
John E. Pate, City Manager
FROM: Gregory Gay, PCD Director _—
Gerald Lee, Zoning Official/Planner
Corion DeLaine, City Planner
DATE: December 20th, 2019
RE: NFL Recycling — Site Plan Review for Grandfathership of Use
Per the site plan provided by NFL Recycling, PCD staff recommend the issue of
grandfathering the Scrap Metal Yard/Outdoor Recycling should be placed on the next
Opa-locks City Commission agenda for their consideration. If the City Commission
considers approval, per PCD Staff reviewed the Site Plan Draft submitted by NFL
Recycling, the following conditions are recommended.
• The applicant/business owner must submit a Letter of Intent to present how the
business will operate on the site.
• Provide an accurate drawing scale must be provided to confirm site activities.
• Provide the purpose for the buildings and sheds shown on the plan which have no
indication as to the proposed use for this operation.
• Provide building heights and square footage of each building/structure.
• Provide Existing easements with the recording information.
• Provide Existing zoning and existing uses on adjacent properties.
• Identify the loading and un-loading areas and provide proposed screening on the
plan.
• Provide location and access for dumpster enclosures for waste removal.
• Provide ingress and egress to address ferrous and non-ferrous removal and
processing, i.e. compaction, bailing, etc.
• Provide a tabular for the site plan that addresses what is required and what is
provided: for set -backs, parking, landscaping.
• Indicate how the Swale in the middle of the property is shown to be sloped from
the unloading area of non-ferrous materials without a mechanism to prevent the
collection of potentially contaminated water flows.
• Flood Plans and drainage must be provided.
• Provide landscaping and irrigation plan
• Address civil plan for water retention, drainage. (curb and gutter, retention pond)
" P r o v i d e C i v i l d r a w i n g s w h i c h i n d i c a t e i f d r a i n a g e i s e x i s t i n g o r p r o p o s e d .
" E x i s t i n g s t o r a g e c o n t a i n e r m u s t b e r e m o v e d .
" P r o v i d e a T r a f f i c I m p a c t S t a t e m e n t
" P r o v i d e t h e p l a n t o s t a c k t h e d e l i v e r y t r u c k s o n s i t e s o a s n o t t o i m p e d e
n e i g h b o r h o o d t r a f f i c .
" I n s t a l l a t i o n o f a n e w s c r e e n i n g w a l l o r f e n c e
" L o c a t i o n o f S i g n a g e o n s i t e a n d o n t h e b u i l d i n g f a c a d e .
" S i t e L i g h t i n g a n d v i s i b i l i t y e a s e m e n t s .
" B u i l d i n g C o l o r a n d f a c a d e .
T h e s e a r e t h e c o m m e n t s / c o n d i t i o n s b a s e d o n t h e e n g i n e e r i n g p l a n s p r o v i d e d i f t h e
g r a n d f a t h e r s h i p o f t h i s s c r a p m e t a l y a r d / o u t d o o r r e c y c l i n g u s e i s b e i n g c o n s i d e r e d .
P l e a s e k e e p i n m i n d t h a t t h i s u s e w a s n o t s u b m i t t e d / s u b j e c t t o s i t e p l a n r e v i e w b y t h e
P l a n n i n g Z o n i n g A p p e a l s B o a r d f o r r e c o m m e n d a t i o n a n d C i t y C o m m i s s i o n f o r a p p r o v a l .
T h i s p r o c e s s c i r c u m v e n t s t h e r e v i e w p r o c e s s . F o r t h i s s c r a p m e t a l r e c y c l i n g o p e r a t i o n t o
b e c o n s i d e r e d p e r m i t t e d b y r i g h t a n d a l l o w e d i n t h e 1 - 2 I n d u s t r i a l Z o n i n g D i s t r i c t , t h e
r e c y c l i n g m u s t o c c u r i n s i d e a w h o l l y i n c l u d e d b u i l d i n g o r s t r u c t u r e .
B a c k g r o u n d
T h e s i t e p l a n f o r N F L R e c y c l i n g w a s f o r w a r d e d t o P C D o f f i c e o n N o v e m b e r 2 1 s t 2 0 1 9 f o r
r e v i e w . T h e p r o p e r t y u n d e r i t s c u r r e n t u s e w a s c i t e d b y C o d e E n f o r c e m e n t . T h e b u s i n e s s
o w n e r s a r e l o o k i n g t o u p g r a d e t h e i r s i t e t o c o m p l y w i t h t h e 1 - 2 z o n i n g d e s i g n a t i o n ,
h o w e v e r t h e u s e o f a s c r a p m e t a l r e c y c l i n g o p e r a t i o n i s n o t p e r m i t t e d w i t h i n t h i s z o n i n g
d i s t r i c t . N F L R e c y c l i n g h a s b e e n o p e r a t i n g u n d e r a l i c e n s e i s s u e d b y t h e c i t y s i n c e 2 0 1 6 ,
t h e l i c e n s u r e t h e y h a v e d o e s n o t r e f l e c t t h e t y p e o f w o r k b e i n g d o n e b y t h e c o m p a n y h a s
b e e n w o r k i n g u n d e r s a i d l i c e n s e .
I n S e p t e m b e r 2 0 1 3 , t h e N F L b u s i n e s s o w n e r s , N e l s o n L a r a , a p p l i e d f o r a n o c c u p a t i o n a l
l i c e n s e t o " s t o r a g e a n d w a r e h o u s i n g o f e l e c t r i c m o t o r s , t o c u t u p a n d s o l d . " S t a f f
d e t e r m i n e t h i s u s e a s a s c r a p m e t a l o p e r a t i o n a n d t h e a p p l i c a t i o n w a s d e n i e d . T h e s i t e
a p p e a r s t o h a v e h a d a v a r i e t y o f u s e s s i n c e 2 0 0 5 , f r o m s t o r a g e o f c o n t a i n e r s , d u m p s t e r s ,
p a l l e t s , a n d h e a v y v e h i c l e s . I n 2 0 1 6 , t h e o u t s i d e s c r a p m e t a l o p e r a t i o n a p p e a r s t o b e g i n
p e r t h e a n n u a l a e r i a l s p h o t o s p r o v i d e d b y M i a m i - D a d e O f f i c e o f t h e P r o p e r t y A p p r a i s e r .
T h e t y p e o f o p e n a i r / o u t s i d e r e c y c l i n g o p e r a t i o n t h e y a r e c o n d u c t i n g i s a l l o w i n t h e 1 - 4
L i b e r a l I n d u s t r i a l S t o r a g e a n d S a l v a g e z o n i n g d i s t r i c t . T h e 1 - 4 z o n i n g d i s t r i c t i s l o c a t e d i n
a n a r e a o f t h e C i t y b o u n d e d b y N W 3 2 A v e n u e t o t h e e a s t , C S X R O W t o t h e w e s t a n d
s o u t h o f N W 1 3 5 t h S t r e e t t o t h e C i t y L i m i t s a l o n g N W 1 2 7 t h S t r e e t . I n o r d e r f o r t h i s s c r a p
m e t a l r e c y c l i n g o p e r a t i o n t o b e c o n s i d e r e d a s p e r m i t t e d b y r i g h t a n d a l l o w e d i n t h e 1 - 2
I n d u s t r i a l z o n i n g D i s t r i c t , t h e r e c y c l i n g s h o u l d o c c u r i n s i d e a w h o l l y i n c l u d e d b u i l d i n g o r
s t r u c t u r e .
I f y o u h a v e a n y q u e s t i o n s o r c o n c e r n s , p l e a s e a d v i s e .
E N D O F M E M O R A N D U M
TO:
FROM:
Memorandum
John E. Pate, City Manager
Burnadette Norris -Weeks, City Attorney
Gregory Gay, PCD Director
Gerald Lee, Zoning Official/Planner
Corion DeLaine, City Planner
DATE: January 9, 2020
RE: Timeline for NFL Recycling Corp License/Site Plan Compliance Process.
Per the last City Commission meeting concerning NFL Recycling Corp, the
Commission requested a timeline for the conditions. I recommend the following
timeline based on the conditions provided in the PCD Memo:
Provide 15 Days after City Commission Approval
i The applicant/business owner must submit a letter of Intent to present how the
business will operate on the site
I Existing storage container must be removed.
All of the following conditions must be incorporated into the Site Plan and submitted to the
City (PCD) i30 Days after City Commission Approval
Provide an accurate drawing scale must be provided to confirm site activities.
Provide the purpose for the buildings and sheds shown on the plan which have no
indication as to the proposed use for this operation.
I Provide building heights and square footage of each building/structure.
Provide Existing easements with the recording information.
I Provide Existing zoning and existing uses on adjacent properties.
I Identify the loading and un-loading areas and provide proposed screening on the
plan.
Provide location and access for dumpster enclosures for waste removal.
Provide ingress and egress to address ferrous and non-ferrous removal and
processing, i.e. compaction, bailing, etc.
I Provide a tabular for the site plan that addresses what is required and what is
provided: for set -backs, parking, landscaping.
-I Indicate how the Swale in the middle of the property is shown to be sloped from
the unloading area of non-ferrous materials without a mechanism to prevent the
collection of potentially contaminated water flows.
u Flood Plans and drainage must be provided.
1_I Provide landscaping and irrigation plan
11 Address civil plan for water retention, drainage. (Curb and Gutter, retention pond)
LI Provide Civil drawings which indicate if drainage is existing or proposed.
Cl Provide a Traffic Impact Statement
Provide the plan to stack the delivery trucks on site so as not to impede
neighborhood traffic.
I.] Installation of a new screening wall or fence
1 I Location of Signage on site and on the building facade.
1 i Site Lighting and visibility easements.
1__1 Building Color and facade.
1J The business operation must be conducted inside a wholly enclosed building or
structure which must be shown on the site plan.
Applicant must submit Building Permits based on the City approved Site Plan 60 Days after
City Commission Approval
Applicant must complete all of the construction based on the approved site plan and RER-
DERM regulations 270 Days from City Commission Approval
Applicant must have completed all requirements for final inspection (CO) 365 Days after
City Commission Approval.
END OF MEMORANDUM
OFFICE 0 r THE PRO
Aerial Year: 2005 Folio: 08-2122-002-0430 Address: 14569 NW 25 AVE
41,
`1- • .
it
-!-.4.4411111rifTlilt
..,
.i '.., ...
- •-,.t Tr
1
i
• ,
•
1 fr
2005 Aerial Photography
tp,
60ft
4• 3.V3Z.
.c4;1:14
'Earrr r' f
Plt-11)PERTY APPRAISER
Aerial Year: 2010 Folio: 08-2122-002-0430 Address: 14569 NW 25 AVE
2010 Aerial Photography
60ft
NUE OF THE PROPEHY APPRAISER
Aerial Year: 2013 Folio: 08-2122-002-0430 Address: 14569 NW 25 AVE
2013 Aerial Photography '60ft
,:i,( F r
, t ;r i , ,r. ,,,,., :1 .i, „ .. ri \ i .„,, . , . I, . i r...,, i
,. , !, , i ; ..
Aerial Year: 2014 Folio: 08-2122-002-0430 Address: 14569 NW 25 AVE
2014 Aerial Photography 60ft
-t•trirveg
if' OF fHE PROPERTY APPRAISER
Aerial Year: 2015 Folio: 08-2122-002-0430 Address: 14569 NW 25 AVE
;
,
2015 Aerial Photography '60ft
orricr OF VHF P9OPF9TY1\l'ItlflriER f I I
Aerial Year: 2016 Folio: 08-2122-002-0430 Address: 14569 NW 25 AVE
2016 Aerial Photography
60ft
n tr)
1 lE PROPFRTV APPfl A1SER
Aerial Year: 2018 Folio: 08-2122-002-0430 Address: 14569 NW 25 AVE
2018 Aerial Photography
60ft
MIAMI-DADE COUNTY DEPARTMENT OF )
REGULATORY AND ECONOMIC RESOURCES )
DIVISION OF ENVIRONMENTAL RESOURCES )
MANAGEMENT )
)
COMPLAINANT )
)
vs. )
)
)
NFL Recycling Corp. )
c/o Nelson Fuentes Lara, President )
)
25th Ave. Warehouse LLC, Property Owner )
Marianela Sandigo, Manager )
)
RESPONDENTS )
)
CONSENT
AGREEMENT
This Agreement, entered into by and between MIAMI-DADE COUNTY DEPARTMENT OF
REGULATORY AND ECONOMIC RESOURCES, DIVISION OF ENVIRONMENTAL
RESOURCES MANAGEMENT (hereinafter referred to as "DERM"), and NFL Recycling
Corp, c/o Nelson Fuentes Lara, President and 25"' Ave. Warehouse LLC, c/o Marianela
Sandigo (hereinafter referred to as the RESPONDENTS), pursuant to Section 24-7(15),
of Chapter 24 of the Code of Miami -Dade County, shall serve to redress violations of
Chapter 24 and Chapters 62-701 of the Florida Administrative Code at the site located at,
near or in the vicinity of 14569 NW 25 Avenue, Opa-Locka, Florida, Miami -Dade County,
identified by Folio No. 08-2122-002-0430.
DERM finds and RESPONDENTS admits the following:
FINDINGS OF FACT
DERM is an agency of Miami -Dade County, a political subdivision of the State of
Florida which is empowered to control and prohibit pollution and protect the
environment within Miami -Dade County pursuant to Article VIII, Section 6 of the Florida
Constitution, the Miami -Dade County Home Rule Charter and Section 403.182 of the
Florida Statutes.
UCVN 8202090 — NFL Recycling Corp, 5W-1776
I
2. DERM's investigations have revealed that the subject facility operated as a metal
recycler without the required Miami -Dade County Resource Recovery and
Management Facility Operating Permit (SW) from the 2017 permit year through 2019
permit year, in violation of Section 24-18 of the Code of Miami -Dade County. The SW
Operating permit year runs from January 1S'through December 31'h.
3. The RESPONDENTS hereby consent to the terms of this Agreement without either
admitting or denying the allegations made by DERM in the Field Notices of Violation —
Notice of Permit Requirement issued on February 15, 2017 and in Uniform Civil
Violation Notice (UCVN) No. B202090 issued on August 8, 2017 in conjunction with
this cause.
4. The RESPONDENTS paid the Civil Penalty of two hundred and fifty dollars ($250.00)
and the Surcharge of ten dollars ($10.00) set forth in the UCVN on October 16, 2017.
However, the violation was not corrected within the timeframes set forth within the
UCVN and penalties accumulated to the amount of five thousand dollars ($5,000.00).
5. RESPONDENTS hereby consent to this Agreement without either admitting or
denying the allegations made by DERM in the August 8, 2017 UCVN issued in
conjunction with this cause.
6. The Property Owner, 25'h Ave. Warehouse LLC, c/o Marianela Sandigo, have
requested to be party to the subject agreement via e-mail received by DERM on April
15, 2019 and as listed RESPONDENT, agree to assume joint responsibility as a liable
party to this Agreement pursuant to the provisions of Chapter 24-31 of the Miami -Dade
County Code.
7. In an effort to expeditiously resolve this matter and to ensure compliance with Chapter
24 of the Code of Miami -Dade County, and to avoid time consuming and costly
litigation, the parties hereto agree to the following, and it is ORDERED:
UCVN B202090 — NFL Recycling Corp, SW-1776
2
f
COMPLIANCE OPERATING REQUIREMENTS
8. The RESPONDENTS shall within ninety (90) days of the effective date of this
Agreement submit proof to DERM regarding the City of Opa-Locka Commission's
decision (i.e. approval or disapproval) as to "grandfather -in" of the subject business in
the capacity that it is currently operating.
9. Within thirty (30) days of any approval(s) obtained pursuant to paragraph 7 above,
RESPONDENTS shall resume the SW permit application process initiated on
September 26, 2017 to DERM for the subject Resource Recovery and Management
Facility.
10. The RESPONDENTS shall complete the permit application process and obtain the
required SW Operating Permit within twelve (12) months from the effective date of this
Agreement.
11. If the RESPONDENTS receive a disapproval pursuant to paragraph 7 above, the
RESPONDENTS shall cease and desist all operations requiring DERM operating
permits within thirty (30) of the City Commission's decision. The RESPONDENTS shall
remit receipts for the proper disposal of all solid waste materials stored onsite to DERM
within seven (7) days of subject ceased operations and therefore unable to obtain .
12. If the RESPONDENTS is unable to obtain DERM Approval for the municipal
occupational license or obtain all DERM Required operating permits pursuant to
paragraph 9 above, all operations requiring DERM operating permits and approvals
on the property shall cease within twelve (12) months from the effective date of this
Agreement. The RESPONDENTS shall remit receipts for the proper disposal of all
solid waste materials stored onsite to DERM within seven (7) days of subject ceased
operations.
13. The RESPONDENTS shall maintain the subject site, during the pendency of this
Agreement, in a manner, which shall not pose a hazard or threat to the public at large,
or the environment, as set forth in Chapter 24, of the Code of Miami -Dade County.
UCVN 8202090 — NFL Recycling Corp, SW-1776
3
14. The RESPONDENTS agree to operate the facility pursuant to the conditions listed on
Attachment 1 until the requirements of this Agreement are met and a valid SW Permit
is obtained.
SETTLEMENT COSTS
15. The RESPONDENTS hereby certify that they have the financial ability to comply with
the terms and conditions set forth herein and to comply with the payments specified in
this Agreement.
16. The RESPONDENTS agree to pay DERM the following:
a. SW Permit fees for the 2017 through 2019 permit years. These fees total
twelve thousand and nine hundred dollars ($12,900.00).
i. Permit Year 2017 of $4,000.00
ii. Permit Year 2018 of $4,000.00
iii. Permit Year 2019 of $4,000.00
iv. Surcharge (7.5%) of $300.00 per permit year
b. Administrative costs for the administration and follow-up for the Consent
Agreement of one hundred and fifty dollars ($150.00) which shall be sent to
DERM along with the signed and notarized Consent Agreement(s) for
execution.
c. DERM has determined that a settlement of seven hundred and fifty dollars
($750.00) is appropriate. This represents a reduction of the accrued penalty as
stated in Paragraph 4.
Items a, b and c above, totaling thirteen thousand and eight hundred dollars
($13,800.00), shall be paid over six (6) consecutive monthly installments. These
monthly installments shall be paid in the amount equaling two thousand and three
hundred dollars ($2,300.00). The monthly installments shall be paid on or before the
151 day of the month with the first installment due on or before May 1, 2019.
UCVN B202090 — NFL Recycling Corp, SW-1776
4
Payments shall be in the form of certified check or money, made payable to Miami -
Dade County. The RESPONDENTS shall include the case information (NFL recycling
Corp — SW-1776) on the check to insure proper credit and delivered to:
Department of Regulatory and Economic Resources
Division of Environmental Resources Management
c/o Lynn Westall, Code Enforcement Officer 1
701 NW 1 Court - 6th floor, Miami, Florida 33136
Payments can also be made by phone with Credit Card, by calling the Code
Enforcement Section at 305-372-6902.
VIOLATION OF REQUIREMENTS
17. This Agreement constitutes a lawful order of the Director of the Department of
Regulatory and Economic Resources, Division of Environmental Resources
Management and is enforceable in a civil or criminal court of competent jurisdiction.
Violation of any requirement of this Agreement may result in enforcement action by
DERM. Each violation of any of the terms and conditions of this Agreement by the
RESPONDENTS shall constitute a separate offense.
18. In the event the RESPONDENTS fails to comply with or complete those items listed
in paragraphs 8, 9, 10, 11,12 and 16 herein, the RESPONDENTS shall be subject to
balance of the full accrued penalty of five thousand dollars ($5,000.00) for UCVN
B202090 and may be subject to further enforcement action in a civil or criminal court
of competent jurisdiction for such failure pursuant to the provisions set forth in Chapter
24, of the Code of Miami -Dade County
GENERAL PROVISIONS
19. The RESPONDENTS shall allow authorized representatives of DERM access to the
property at reasonable times for purposes of determining compliance with this Consent
Agreement and the rules and regulations set forth in Chapter 24, of the Code of Miami -
Dade County.
UCVN B202090 — NFL Recycling Corp, SW-1776
5
20. DERM expressly reserves the right to initiate appropriate legal action to prevent or
prohibit the future violations of applicable statutes or the rules promulgated hereunder.
21. Entry of this Consent Agreement does not relieve the RESPONDENTS of the
responsibility to comply with applicable federal, state or local laws, regulations and
ordinances.
22. This Agreement shall neither be evidence of a prior violation of this Chapter nor shall
it be deemed to impose any limitation upon any investigation or action by DERM in the
enforcement of Chapter 24, of the Code of Miami -Dade County.
23. Where timetables or conditions cannot be met by the RESPONDENTS, due to
circumstances beyond the RESPONDENTS control, the RESPONDENTS shall
provide written documentation to DERM which shall substantiate that the cause(s) for
delay or non-compliance was not reasonably in the control of the RESPONDENTS. A
determination of the reasonableness of the delay shall be made by DERM for the
purpose of extending timeframes if applicable or review for any continued enforcement
action.
24. In consideration of the complete and timely performance by the RESPONDENTS of
the obligations contained in this Agreement, DERM waives its rights to seek judicial
imposition of damages or criminal or civil penalties for the matters alleged in this
Agreement.
25. This Agreement shall become effective upon the date of execution by the Director, of
DERM or the Director's designee.
Signatures on Following Page
UCVN 6202090 — NFL Recycling Corp. SW-1776
e
6
Date Nelson Fuentes Lara, President
NFL Recycling Corp
Date Marianela Sandigo, Manager
25t Ave. Warehouse LLC
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says that he has read and agreed to the
foregoing.
Subscribed and sworn to before me this day of , 2019,
by
(name of affiant)
Personally Known or Produced Identification _
(Check One)
Type of Identification Produced:
Notary Public
DO NOT WRITE BELOW THIS LINE - GOVERNMENT USE ONLY
Date
Lee N. Hefty, Director
Division of Environmental Resources
Management
Witness Witness
UCVN B202090 — NFL Recycling Corp, SW-1776
7
ATTACHMENT 1 -OPERATING CONDITIONS
NFL Recycling Corp
This facility is a metal recycler facility served by sanitary sewer.
Specific Conditions
1 The metal recycling facility shall be operated in strict accordance with Chapter 24-
47, MDCEPO, "Regulations for the operations of metal recycling facilities."
Especially the following items:
a. All shredder residue or prepared ferrous scrap which is placed on site shall
be maintained on an impervious area, and
b. all prepared ferrous scrap shall be maintained in an area which either:
i. Is covered by a roof, or functional equivalent, sufficient to prevent
stormwater from coming in contact with the shredder residue or
prepared ferrous scrap, or
ii. Contains a stormwater management system approved by the
Director or the Director's designee to contain, properly treat, handle,
and dispose of any stormwater coming in contact with the shredder
residue or prepared ferrous scrap.
2. 24-hour access control shall be maintained along the perimeter by means of a
physical barrier (i.e., berm, wall, fence, etc.) and at the entrance(s) (i.e., locked
gate, guard, etc.).
3. A representative of the operator, knowledgeable in the operating conditions, shall
be on site whenever material is received, handled, or removed.
4. Stormwater drainage systems designed to carry stormwater shall be maintained
free of solid waste, metal, and leachate at all times
5. The recycling facility shall be limited to accepting a maximum of 10 tons per day
of ferrous and non-ferrous scrap metals
UCVN 13202090 — NFL Recycling Corp, SW-1776
e
8
1
6. The tipping, processing, and storage of incoming materials shall be performed on
an impervious concrete surface. The integrity of the concrete surface shall be
maintained at all times against operational wear and tear (e.g., for major cracks,
damages, etc.) and shall be repaired immediately to prevent any deterioration.
7. Unacceptables (e.g., wood, furniture, tires, etc.) and prohibited materials (e.g.,
garbage, hazardous wastes, etc.) inadvertently accepted shall be temporarily
stored in containers to prevent spillages and potential storm water, ground, and/or
groundwater contamination. Storage time shall be as follows: forty-eight hours (48)
hours for Class I waste and hazardous materials, and thirty (30) days for all others.
Materials shall be disposed of at an approved and permitted site and shall be
managed in accordance with the provisions of Chapter 62-730, F AC.
8. All above ground tanks and storage areas for hazardous materials must have
secondary containment. Design and construction of the secondary containment
must have departmental approval.
9. A licensed hazardous waste handler shall be contacted to inspect segregated
potential hazardous waste. If determined to be hazardous, arrangements shall be
made to transport said waste via a licensed hazardous waste transporter to an
approved hazardous waste disposal site. Any hazardous waste which is received
by the facility shall be managed in accordance with the provisions of Chapter 62-
730, FAC.
10. Engine dismantling must take place indoors. All wastes from facility operations
shall be handled, stored, transported and/or disposed of in compliance with
County, State, and Federal regulations, and guidance documents.
11. Receipts from all industrial waste and/or wastewater disposal must be maintained
at the business and be available for inspection by RER personnel. Receipts shall
contain clear information as to the name of the hauler, type of material transported,
and quantity of material picked up. Records shall be kept for a period of three (3)
years.
UCVN 13202090 — NFL Recycling Corp, SW-1776
9
12. Dust suppression; odor and litter control; and other measures shall be
implemented, as applicable, to prevent nuisance conditions as defined in Chapter
24, MDCEPO.
13. A determined nuisance, as defined in Chapter 24, MDCEPO, public health threat
condition, or abnormal occurrence (i.e., fires, explosions, spills) may result in
orders for immediate corrective action in accordance with Section 24-7(15)(a) of
the MDCEPO, possible modification to the operation, revocation of this operating
Consent Agreement and/or closure of the facility. Any abnormal occurrences shall
be reported to RER within 24 hours, and records shall be kept pursuant to Section
24-20, MDCEPO.
Prohibitions:
14. Open burning is not permitted at this site in accordance with Section 24-41.5 of the
MDCEPO.
15. Waste streams other than those specifically authorized by this agreement
including, but not limited to, Class I and Class III wastes as defined in Chapter 62-
701, F.A.C., shall not be accepted at the facility.
16. Shredding of scrap metal is not allowed at this facility.
17. No repairs may take place on site, and any spills must be cleaned up immediately.
Spill kits must be maintained on site and readily accessible at all times to facilitate
clean up should a spill occur. Fueling on site must occur on an impervious surface.
18. No violations of the Miami -Dade County Water Quality Standards or Cleanup
Target Levels (CTLs) as provided in Chapter 24-44, MDCEPO, shall occur as a
result of the facility operations. Violations of said standards or CTLs may result in
orders for immediate corrective action, possible modification to the operation,
revocation of this Consent Agreement and/or closure of the facility.
UCVN 8202090 — NFL Recycling Corp, SW-1776
10
Reporting/Monitoring Requirements:
19. A Monthly Operating Report (MOR) shall be submitted to the Environmental
Evaluations Delegated Programs of the Pollution Regulation Division (PRD) of
RER with the types and quantities of waste received and removed off -site and an
electronic record from the facility weigh scale along with supporting disposal
receipts. Said MOR shall be submitted by the 15th of the following month on the
form provided by RER and hereby attached to this consent agreement.
These reports shall be submitted to the following address:
Attn: Danielle Jimenez
Environmental Evaluations Delegated Programs Section
Pollution Regulation Division
Department of Regulatory and Economic Resources
701 NW 1st Court, 7th Floor
Miami, Florida 33136
20. The Groundwater Monitoring Reports shall be submitted to the Environmental
Monitoring and Restoration Division in accordance with the most recent RER
approved groundwater monitoring plan. Sampling and reporting requirements may
be modified by RER as needed. Semi -Annual reports shall be submitted on or
before January 31 and July 31 of each year and shall include the following:
a. The facility name and identification number, sample collection dates, and
analysis dates;
b. All analytical results, including all peaks even if below applicable Cleanup
Target Levels;
c. Identification number and designation of all ground water monitoring points;
d. Applicable water quality standards;
e. Quality assurance, quality control notations;
f. Method detection limits;
g. Water levels recorded prior to evaluating wells or sample collection.
Elevation reference shall include the top of the well casing and land surface
at each well site at a precision of plus or minus 0.01 foot (using a consistent
nationally recognized datum);
h. An updated ground water table contour map signed and sealed by a
Professional Geologist or Professional Engineer with experience in
hydrogeologic investigations, with contours at no greater than one -foot
UCVN B202090 - NFL Recycling Corp, SW-1776
intervals unless site -specific conditions dictate otherwise, which indicates
ground water elevations and flow direction;
i. Original laboratory reports which include all information required in Chapter
62-160.340, FAC;
j. Copies of the completed chain of custody records;
k. Copies of the completed water sampling log forms;
I. A summary of any water quality standards or criteria that are exceeded.
These reports shall be submitted to the following address:
Attn: Wilbur Mayorga, P.E.,
Chief Environmental Monitoring and Restoration Division
Department of Regulatory and Economic Resources
701 NW 1st Court, 4th Floor
Miami, Florida 33136
21. RER shall be contacted, in writing, three (3) working days in advance of all
samplirig events. All sampling event notifications shall be sent to the
Environmental Monitoring and Restoration Division via fax at (305) 372.6982 or
via e-mail: DERMPCD(c�miamidade.gov.
22. RER has the option to split any samples deemed necessary with the consultant or
laboratory at the subject site. Sampling and analyses shall be performed in
accordance with the Standard Operating Procedures referenced in Chapter
62 160, Florida Administrative Code (FAC). The laboratory analyzing the samples
shall perform laboratory analyses pursuant to the National Environmental
Laboratory Accreditation Program (NELAP) certification requirements. If the data
submitted exhibits a substantial variance from the RER split sample analysis, a
complete resampling using two independent certified laboratories will be required.
23. Any significant changes in facility operations or procedures shall be reported to
RER in writing within thirty (30) days of the change.
24. All reports and other submittals required to comply with this Consent Agreement
shall be signed, and certified, if required, by an appropriate and authorized entity
(e.g., registered Professional Engineer, Professional Geologist, Professional
Surveyor and Mapper, permittee or authorized legal representative, etc.
These reports shall be submitted to the following address:
UCVN B202090 — NFL Recycling Corp. SW-1776
12
Attn: Bernardo Bider, P.E., Chief
Pollution Regulation Division
Department of Regulatory and Economic Resources
701 NW 1st Court, 7th Floor
Miami, Florida 33136
UCVN B202090 — NFL Recycling Corp, SW-1776
13