Escambia County has reached a settlement agreement with Longleaf C&D Disposal Facility, Inc. at no cost to the County, saving millions of dollars in potential claimed damages and attorney’s fees.
The settlement agreement, which was reached through successful mediation between both parties, was approved by the Board of County Commissioners at the regular BCC meeting on Thursday, Sept. 5.
Longleaf C&D Disposal Facility, Inc. began operating a construction and demolition debris facility on Longleaf Drive with an initial permit issued in 2006 and renewed annually each year until 2014. Additional background information is available in the BCC meeting agenda materials.
The settlement agreement includes the following terms:
- Longleaf C&D Disposal Facility, Inc. has agreed to waive any claim for loss of capacity and has waived its right for attorney’s fees under Florida Stat. 70.001.
- The Longleaf facility remains subject to the Florida Department of Environmental Protection permit #0253281-012-SO that has specific requirements that are protective of air and water quality including dust and odor suppression, liner, leachate, and closure requirements.
- The County has the right to determine the need for boundary probes for gas migration which can be installed and maintained by the County.
- The County retains the right to determine the need for a gas mitigation system which can be designed, installed, funded, and operated by the County, subject to approval by Longleaf.
- The County reserves the right of first refusal, for a period of five years, to purchase the Longleaf property at market value should Longleaf C&D Disposal Facility, Inc. elect to sell the property and provide the County with a bona fide offer from a third party for purchase of the property. The County must exercise said right within sixty (60) days of receiving notice of sale.
“I am very pleased that we were able to reach a settlement agreement with Longleaf at no cost to Escambia County,” County Administrator Wes Moreno said. “Not only does this settlement avoid millions of dollars in damages and attorney’s fees, but it also gives the County the right of first refusal to purchase the Longleaf property for the next five years, helping ensure that any potential future operations remain in compliance with County and FDEP regulations.”
