Loading...
HomeMy WebLinkAboutAgenda Item Summary Formy� AGENDA ITEM SUMMARY FORM File ID: #11005 Date: 10/29/2021 Requesting Department: City Commission Commission Meeting Date: 10/28/2021 Sponsored By: District Impacted: All Type: Resolution Subject: Silt Plumes on Biscayne Bay Budget Impact Analysis Item has NO budget impact Total Fiscal Impact: Reviewed By City Commission Maricarmen Lopez Meeting Completed 10/28/2021 9:00 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 10/29/2021 11:35 AM Office of Management and Budget Marie Gouin Budget Review Completed 10/29/2021 3:04 PM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 11/04/2021 8:55 AM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 11/04/2021 1:37 PM Office of the City Clerk City Clerk's Office Rendered Completed 11/08/2021 8:25 PM �tzY,°v City of Miami City Hall I1f 111 111T11 X' „ 11 3500 Pan American Drive Legislation Miami, FL 33133 r R % www.miamigov.com Resolution Enactment Number: R-21-0456 File Number: 11005 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 (1s` 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 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 Attor iey 11/4/2021 NOTE #1: Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. NOTE #2: Per Directive, City Clerk's Office transmitted on 12/3/2021.