HomeMy WebLinkAboutR-16-0458Vop City of Miami
F ..
19611F A111
*'Ir Legislation
i 0 R �O
Resolution: R-16-0458
File Number: 16-01298
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/22/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY ATTORNEY TO CONTINUE PRESENT RULE
CHALLENGE PROCEEDINGS BEFORE THE FLORIDA DIVISION OF
ADMINISTRATIVE HEARINGS AND TO TAKE ALL FUTURE LEGAL ACTION
NECESSARY, INCLUDING INITIATING ANY AND ALL LITIGATION, IN LAW OR IN
EQUITY, TO CHALLENGE THE VALIDITY OF THE RECENTLY PROPOSED
AMENDMENTS TO FLORIDA'S HUMAN HEALTH -BASED WATER QUALITY
STANDARDS.
WHEREAS, the Florida Department of Environmental Protection ("FDEP") initiated rulemaking
to amend certain Florida Administrative Code rules to amend the surface water quality criteria, as set
forth in Exhibits "A" and "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, 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; and
WHEREAS, on July 29, 2016, the City passed Resolution R-16-0377, requesting Governor
Rick Scott, FDEP, the ERC, and the EPA to reject and/or withdraw the proposed rules; and
WHEREAS, the City has received no positive resolution of this issue through political
channels; and
WHEREAS, in order to meet certain filing deadlines, the City Attorney has already initiated
rule challenge proceedings before the Florida Division of Administrative Hearings;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miand Page 1 of 2 File Id. 16-01298 (Version: 1) Printed On: 5/29/2018
File Number: 16-01298
EnactmentNnmber: R-16-0458
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 Attorney is authorized to continue the present rule challenge proceedings
before the Florida Division of Administrative Hearings.
Section 3. The City Attorney is further authorized to take all future legal action necessary,
including initiating any and all action, in law or in equity, to challenge the validity of recently proposed
amendments to Florida's human health -based water quality standards.
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 the 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. 16-01298 (Version: 1) Printed On: 5/29/2018