HomeMy WebLinkAboutR-21-0456City of Miami
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Legislation
Resolution: R-21-0456
File Number: 11005
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/28/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE MIAMI-
DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCE
MANAGEMENT, FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION, AND THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY TO TAKE ANY AND ALL ACTIONS TO ENSURE THE FLORIDA
DEPARTMENT OF TRANSPORTATION'S ("FDOT") FULL COMPLIANCE WITH
THE CLEAN WATER ACT REGARDING FDOT'S ROADWAY CONSTRUCTION
PROJECTS THROUGHOUT THE CITY OF MIAMI (COLLECTIVELY,
"PROJECT"); FURTHER AUTHORIZING THE CITY ATTORNEY TO TAKE ANY
AND ALL ACTIONS NECESSARY, IN LAW OR EQUITY, REGARDING THE
REPEATED DISCHARGE OF SILT PLUMES INTO THE MIAMI RIVER AND
BISCAYNE BAY RESULTING FROM FDOT'S PROJECTS; DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
OFFICIALS NAMED HEREIN.
WHEREAS, in or around 2020, the Florida Department of Transportation (TDOT")
commenced various bridge and roadwork projects within the City of Miami ("City"), including but
not limited to, the Southwest 1st Street Bascule bridge ("1st Street"), Interstate 95 (1-95"), and
the Interstate 395 (1-395") extension toward Biscayne Bay (collectively, "Projects"); and
WHEREAS, FDOT engaged Archer Western Contractors, LLC and The de Moya Group,
Inc. for the 1-95 and 1-395 projects, and GLF Construction Corporation for the 1 st Street project
as the construction contractors for the Projects (collectively, "Contractors"); and
WHEREAS, FDOT and its Contractors are in control and possession of all construction
sites related to the Projects and have repeatedly failed to implement erosion control measures
resulting in the continuous discharge of sediment from the Projects into the City's Waters and
Stormwater Management System ("System") and ultimately Biscayne Bay; and
WHEREAS, the large amounts of dust, dirt, and other particles discharged from the
Projects controlled by FDOT and its Contractors violates the National Pollution Discharge
Elimination System ("NPDES") program established in Florida by the Florida Department of
Environmental Protection ("DEP") pursuant to Section 403.0885, Florida Statutes, and locally
implemented in Section 22.5-121-28 of the Code of the City of Miami, Florida, as amended
("City Code"); and
WHEREAS, the City has issued numerous violations to FDOT and its Contractors
pursuant to Section 22.5-128 of the City Code for their repeated failures to implement erosion
control measures and, to date, FDOT and its Contractors have failed to take steps to bring their
construction practices and run-off discharge controls into compliance with NPDES and the City
Code; and
City of Miami Page 1 of 2 File ID: 11005 (Revision:) Printed On: 121612021
File ID: 11005 Enactment Number: R-21-0456
WHEREAS, the condition of the construction sites for the Projects continues to
deteriorate, resulting in continuous sediment draining into the City's System, flooding apartment
complexes and parking lots, and resulting in continuous discharge of silt plumes into Biscayne
Bay having devastating impacts on the environment and marine life; and
WHEREAS, the current ongoing conditions of the construction sites for the Projects and
the ongoing discharge of sediment into Biscayne Bay poses an immediate threat to the health,
safety, and welfare of the public and the City's marine ecosystem; and
WHEREAS, the City Commission finds that it is in the best interest of the City's
residents, business owners, and property owners to urge the Miami -Dade County ("County")
Department of Environmental Resource Management ("DERM"), DEP, and the United States
Environmental Protection Agency ("EPA") to taky any and all actions necessary to ensure full
compliance with the Clean Water Act ("Act"); and
WHEREAS, the City Commission finds that it is in the best interest of the City's
residents, business owners, and property owners to authorize the City Attorney to take any and
all actions necessary to ensure all construction sites controlled by FDOT and Contractors
related to the Projects implement adequate erosion control measures to prevent the continuous
discharge of sediment into the City's System, including the Miami River and Biscayne Bay; and
WHEREAS, in accordance with Section 2-33(f) of the City Code, the City Commission,
by a majority vote, hereby deems this Resolution to be of an emergency nature;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. The City Commission urges DERM, DEP, and EPA to take any and all
actions necessary to ensure full compliance with the Act.
Section 3. The City Commission authorizes the City Attorney to take any and all
actions necessary, in law or equity, regarding the discharge of silt plumes by FDOT and its
Contractors from the construction sites related to the Projects.
Section 4. The City Clerk is directed to forward a copy of this Resolution to County
Mayor Danielle Levine Cava, County Director of DERM Lee Hefty, DEP Secretary Shawn
Hamilton, and EPA Administrator Michael S. Regan.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, Cify Nttor iey 11/4/2021
City of Miami Page 2 of 2 File ID: 11005 (Revision:) Printed on: 121612021