Monarch Hill landfill {Google Maps}
After years of disagreement and a lawsuit, the Coconut Creek Commission unanimously approved a resolution to settle its lawsuit involving Broward County and Waste Management of Florida (WMIF) during a special meeting on August 18.
It is officially called the Monarch Hill Litigation Settlement Agreement and was entered into by and among Broward County, Coconut Creek, Deerfield Beach, and WMIF.
At the beginning of the meeting, Mayor Jackie Railey said she wished it were not taking place, but the city leadership must do what is right for everyone involved. She considered the action a momentous decision.
“It would have been financially irresponsible for us not to settle this case,” she said.
WMIF owns and operates the landfill located in unincorporated Broward County at 2700 Wiles Road. Under the agreement, WMIF will be able to expand the landfill’s height by raising its maximum elevation from 225 feet to 325 feet, and horizontally by incorporating an adjacent 24.2-acre parcel, which was formerly used for a waste-to-energy facility, according to city information.
As part of the settlement, as long as Waste Management is accepting waste at the Monarch Hill landfill, it will pay Coconut Creek $15,000 annually, according to Dawn McCormick, spokesperson for WMIF.
During the meeting, Ralph DeMeo, serving as outside counsel for the city, stated that he recommended the commission accept the settlement because litigation would cost the city a substantial amount of money, and even if the city were to win in court, WMIF would likely appeal. Eventually, it might be decided by Gov. Ron DeSantis. If Coconut Creek were to lose the case, then the city would have to pay the hefty legal fees of the winning side, according to DeMeo.
The settlement provides, for the first time, that there will be no further landfill footprint or height agreement beyond the 2025 approval, and no landfill within one mile of the existing site. The landfill is expected to close within 25 years of the completion of the 2025 expansion. Restrictive covenants will be filed to guarantee this agreement, according to DeMeo.
The agreement will enhance environmental controls on odor, traffic, litter, groundwater monitoring, and bird abatement. There will be limits on the types of waste that can be disposed of, such as household waste, and limits on the source of waste, with most of it originating from Broward County. The gas-to-energy plant will remain in place, and there will be financial commitments to cities to address the impacts of landfill expansion. There will be post-closure reuse planning, enhanced landscaping, and renaming of the landfill, and all parties must pay their own attorney’s fees, according to DeMeo.
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