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Add -on by Mayor Stoddard
August 6, 2013 Commission meeting
RESOLUTION NO.
A Resolution of the Mayor and City Commission of South
Miami supporting a letter to the EPA recommending
revision of the Consent Decree on rebuilding of the Central
District Wastewater Treatment Plant on Virginia Key
WHEREAS, Miami -Dade County plans to spend $1.5 billion reconstructing the
Central Sewage Plant on Virginia Key to correct long - running problems with sewage
spills and aging infrastructure; and
WHEREAS, the consent decree between the EPA and Miami -Dade County has
not taken into account the likely effects of climate change and sea level rise on risks to
Miami -Dade County's Central District Wastewater Treatment Plant.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby request that the EPA afford extra time
for careful scientific evaluation of climate effects on the Central District Wastewater
Treatment Plant located at Virginia Key, and require that Miami -Dade County make best
use of science to redesign the plant to resist likely impacts of climate change over the next
half - century as is more specifically addressed in the attached memorandum.
Section 2. The City Clerk is hereby instructed to send this resolution and the
attached memorandum to the appropriate authority with a cover letter setting forth the
City's request as described in Section 1 of this resolution and to send a copy to Assistant
Attorney General, U.S. DOJ —ENRD, P.O., Box 7611, Washington, D.C. 20044 -7611,
Email: pubcomment- ees.enrd @usdoj.gov.
Section 3. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the
holding shall not affect the validity of the remaining portions of this resolution.
Section 4. This resolution shall take effect immediately upon adoption.
Passed and adopted this 6t" day of August, 2013.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
day of 52013.
APPROVED:
MAYOR
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READ AND APPROVED AS TO FORM, COMMISSION VOTE:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
August 6, 2013
City Of South Miami's Opposition to
Consent Decree among the U.S. Department of Justice, the U.S.
Environmental Protection Agency and Miami -Dade County, Florida
regarding Miami -Dade County Wastewater Treatment Plants and Sanitary
Sewer Outfalls
To Whom It May Concern:
Below please find the comments of the Mayor and City Commission of the City of South
Miami on the City's opposition to the proposed consent decree between Miami -Dade
County and the United States Environmental Protection Agency, which was lodged with
the Court on June 6, 2013. These comments are timely submitted pursuant to 28 C.F.R. §
50.7, 78 Fed. Reg. 35315 -02 and 78 Fed. Reg. 4210878.
The current federal enforcement action against Miami -Dade County was brought by the
EPA for violations of the Clean Water Act stemming from tens of millions of gallons of
illegal sewage discharges that have polluted local waterways in Miami -Dade County.
Prior to lodging, various local and national organizations articulated specific and
significant concerns to local and national decision makers as well as supplied expert
reports regarding said concerns. The terms of the current consent decree failed to address
any of the issues expressed by stakeholders prior to lodging. The City of South Miami
remains very concerned that the engineering plan for the multi - billion dollar re -build of
the sewer system falls short on critical issues and does not meet the challenges for
effective, long -term viability to support our County's continued health, growth and
prosperity, as detailed below.
Without due integration of the best scientific data available, the County's proposed
taxpayer- funded sewer infrastructure investments will not withstand sea level rise and
climate - related impacts projected to occur in the "useful lifetime" of such facilities. As
evinced by major damaged caused by Hurricane Andrew in 1992 rendering the South
District Wastewater plant inoperable for 30 days and more recently by the devastating
impacts to infrastructure and massive sewage spills caused by Hurricane Sandy it is an
obligation to the current generation of residents and future generations to come, to rebuild
the Miami -Dade sewage infrastructure using best available science and long -term
planning.
According to scientific experts at UM, FAU and FIU, if the County re- builds its sewer
system based on its current $1.6 billion plan, it will not survive the accelerating sea level
rise and climate - change mediated geologic processes such as increased storm surge and
erosion. In the alternative, as recommended by Dr. Leonard Berry and Professor Ricardo
Alvarez of FAU, the County should undertake a comprehensive study process articulated
in the report and implement a proper re -build of its sewage collection and treatment
system. Proper re -build will stop the widespread violations of the Clean Water
Act and make the Miami -Dade County sewer system "climate ready" and resilient for the
current and next generation of residents, businesses and visitors.
For the aforementioned reasons, the Mayor and City Commission of the City of South
Miami oppose the current Miami -Dade consent decree due to the following:
1. The proposed zero sea level rise Consent Decree between the EPA and Miami -
Dade County is not based on the agreed -upon principles of the Southeast Regional
Climate Compact, Miami -Dade Greenprint, or the Regional Climate Action Plan,
because it fails to use, at a minimum, the US Army Corps of Engineers' sea level
rise model in its Capital Plan and is, therefore, not sustainable in the future.
2. According to experts from the University of Miami and Florida Atlantic
University (Drs. Harold Wanless, Brian Soden, Len Berry, Ricardo Alvarez) the
proposed sewer system Consent Decree between the EPA and Miami -Dade County
does not demonstrate how the County's three wastewater treatment plants will be
protected against sea level rise, storm surge, flooding and climate impacts. As a
result, these plants will likely be severely damaged in hurricanes and other storms
causing massive pollution of our waters and threats to public health and safety. The
proposed zero sea level rise consent decree does not demonstrate operational
reliability over the life of the system.
3. The County's use of more than $1.6 billion in Miami -Dade taxpayer funds for
this sewer system rebuild, without first undertaking the appropriate sound science
and engineering studies as to how and where to protect these investments from sea
level rise, storm surge, flooding and climate impacts, is against the public interest.
4. The County plans to invest 37% of the $1.6 billion to rebuild the Central
District wastewater treatment plant on Virginia Key. The County has failed to study
why this investment makes any sense, given the sea level rise and storm surge
vulnerability of this plant on an unprotected barrier island. Also, under Florida law,
the County must stop using the ocean outfall pipes by 2025 (only another 12 years).
That legal requirement undermines any past locational advantage of Virginia Key as
a site for a major wastewater treatment plant, which is supposed to have a useful
life of 50+ years. Furthermore, the County claims that it will use Virginia Key for a
sewage deep well injection site, when it can no longer discharge to the Atlantic
Ocean. According to experts at the University of Miami, no appropriate studies
have been done to determine the safety of this disposal technique on Virginia Key.
Changes in hydrology from accelerating sea level rise may also affect the feasibility
of deep injection wells on Virginia Key.
5. The proposed zero sea level rise consent decree fails to provide for
independent, third -party engineering, scientific and financial oversight of the
decree, notwithstanding that the County has been operating under two sewer
consent decrees in federal court since 1994 and is once again in widespread
violation of the Clean Water Act from to raw sewage overflows and National
Pollutant Discharge Elimination System (NPDES) Permit violations. The EPA did
perform competent oversight during the past 20 years.
The City of South Miami relies on Miami -Dade County for its water and sewer services.
The economic and operational vitality of our community and public health require that
wastewater from resident homes and businesses flows to an operational wastewater
treatment plant. The economic viability of South Miami in the decades to come requires
that water and wastewater infrastructure upon which the City depends is built to
withstand changing climate conditions, sea level rise, and storm surge. Further, South
Miami residents use and enjoy the waters surrounding the Central District Wastewater
Treatment Plant. The City of South Miami has a compelling interest in ensuring that
planning and solutions for the Virginia Key facility are sound and effective for the long-
term, with thoughtful consideration given to foreseeable risks and special circumstances.
South Florida's built environment is area already feeling the first effects of sea level rise.
With so much to lose in the wake of accelerating climate change, we hope Miami -Dade
County can serve as an example to emulate concerning climate -ready preparations
reflecting the policies of the County as well as articulated by the federal government.
Thank you for the opportunity to comment.
Mayor Philip K. Stoddard, Ph.D.
City of South Miami
6130 Sunset Drive
South Miami FL 33143