HomeMy WebLinkAboutR-16-0377Vop City of Miami
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Resolution: R-16-0377
File Number: 16-01097
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/29/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
REQUESTING THAT GOVERNOR RICK SCOTT, THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, THE ENVIRONMENTAL REGULATION
COMMISSION ("ERC'), AND THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY REJECTAND/OR WITHDRAW THE PROPOSED
AMENDMENTS TO THE SURFACE WATER QUALITY CRITERIAAND RISK
ASSESSMENT METHODOLOGY; URGING GOVERNOR RICK SCOTT TO FILL
THE TWO (2) REMAINING VACANCIES ON THE ERC PRIOR TO THE ERC
TAKING FINAL ACTION ON THE PROPOSED AMENDMENTS; DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED
OFFICIALS AND AGENCIES NAMED HEREIN.
WHEREAS, the Florida Department of Environmental Protection ("FDEP") initiated rulemaking
to amend Florida Administrative Code Rules 62-302.400 and 62-302.530 to amend the surface water
quality criteria as set forth in Exhibit "A", attached and incorporated; and
WHEREAS, the FDEP initiated rulemaking to amend Florida Administrative Code 62-303.310
and related sections, to revise the assessment methodology for human health -based water quality
criteria as set forth in the Notice of Proposed Rule, as set forth in Exhibit "B", attached and
incorporated; and
WHEREAS, the proposed rule amendments would increase the allowable limits of certain
chemicals and carcinogens in surface waters in Florida; and
WHEREAS, the proposed rule amendments would allow for a less stringent methodology to
be used to calculate cancer risk than the methodology used by the United States Environmental
Protection Agency ("EPA"); and
WHEREAS, the City of Miami ("City") has a vested interest in ensuring water quality of the
highest standards to protect fish, wildlife, human health, water resources, recreation, food supply, and
the public health, safety and welfare of the residents of the City; and
WHEREAS, the Environmental Regulation Commission ("ERC') voted to adopt the proposed
rules on July 26, 2016, by a vote of three to two (3-2); and
WHEREAS, two (2) vacancies remain on the ERC that are yet to be filled by Governor Rick
Scott, one is for an environmentalist and the other for a citizen, and action on the proposed
amendments should not be taken until such time as the vacancies are filled; and
WHEREAS, the City strongly opposes any amendments to the assessment methodology or
the surface water quality standards which would increase the allowable limits of certain chemicals and
carcinogens in surface waters in Florida;
City of Miand Page 1 of 2 File Id. 16-01097 (Version: 1) Printed On: 5/18/2018
File Number: 16-01097
Enactment Number: R-16-0377
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 if fully set forth in this Section.
Section 2. The City requests that Governor Rick Scott, FDEP, the ERC, and the EPA reject
and/or withdraw the proposed amendments to the surface water quality criteria and risk assessment
methodology as set forth in the proposed rules attached and incorporated as Exhibits "A" and "B",
respectively.
Section 3. The City Commission urges Governor Rick Scott to fill the two (2) remaining
vacancies on the ERC prior to the ERC taking final action on the proposed amendments.
Section 4. The City Clerk is directed to transmit a copy of this Resolution to Governor Rick
Scott, FDEP, the Environmental Regulation Commission, the EPA Office of Water, and EPA Region 4.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. {1}
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id. 16-01097 (Version: 1) Printed On: 5/18/2018