_add-on item c)Add-On Item c)
Sponsored by: Mayor Stoddard
Commission Meeting: 4-21-15
RESOLUTION NO. _________________ 1
2
A Resolution supporting the Town of Surfside’s resolution urging the State of 3
Florida Legislature and the Florida Department of Environmental Protection 4
(“FDEP”) to establish chemical testing standards prior to issuing a coastal 5
construction control line (“CCCL”) permit which authorizes the transfer and 6
placement of excavated sand seaward of the coastal construction control line onto a 7
public beach. 8
9
WHEREAS, the beaches throughout Miami-Dade County and the State of Florida are vital to the 10
quality of life for residents and tourists alike; and 11
WHEREAS, it is important to preserve the quality of sand that is placed on the public beaches 12
that provide a source of recreation and relaxation for both adults and children; and 13
WHEREAS, the Town of Surfside adopted Resolution No. 15-2282, attached hereto as Exhibit 14
“A”, and has requested other municipalities to support that Resolution; and 15
WHEREAS, the City Commission supports the Town of Surfside Resolution which requests a 16
change if FDEP regulations regarding chemical testing of sand transfer onto the beach as part of a CCCL 17
permit or similar permits issued by FDEP, for placement of sand on a public beach, and urges the Florida 18
Legislature and FDEP to amend the appropriate sections of the Florida Statutes and rules and regulations 19
of FDEP, to require chemical testing of all sand placed east of the CCCL. 20
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 21
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 22
Section 1
. The above stated recitals are hereby adopted and confirmed. 23
Section 2
. The City of South Miami supports Town of Surfside Resolution No. 15-2282, which 24
urges and recommends that the FDEP require minimum chemical testing standards to be established by 25
the State of Florida, with the recommended baseline analytical profile as outlined in Surfside Resolution 26
No. 15-2282. 27
Section 3. The City Clerk is hereby directed to transmit a copy of this Resolution to the 28
Governor of the State of Florida, the Secretary of the Florida Department of Environmental Protection, 29
Members of the Miami-Dade County Delegation of State of Florida Legislators, the Mayor and County 30
Commissioners of Miami-Dade County, the Florida League of Cities, the Miami-Dade County League of 31
Cities, the Miami-Dade County Department of Regulatory and Economic Resources (“DERM”), and 32
municipalities in Miami-Dade County. 33
Section 4
37
. Severability. If any section clause, sentence, or phrase of this resolution is for any 34
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect 35
the validity of the remaining portions of this resolution. 36
Section 5
40
. Effective Date. This resolution shall become effective immediately upon adoption by 38
vote of the City Commission. 39
Add-On Item c)
Sponsored by: Mayor Stoddard
Commission Meeting: 4-21-15
Page 2 of 2
PASSED AND ADOPTED this ____ day of _____________, 2015. 1
2
3
ATTEST: APPROVED: 4
5
6
_____________________ ______________________ 7
CITY CLERK MAYOR 8
9
READ AND APPROVED AS TO FORM, COMMISSION VOTE: 10
LANGUAGE, LEGALITY AND Mayor Stoddard: 11
EXECUTION THEREOF Vice Mayor Harris: 12
Commissioner Edmond: 13
_____________________________ Commissioner Liebman: 14
CITY ATTORNEY Commissioner Welsh: 15
16
17
//A//Exhibit "A
RESOLUTION NO.15 -92&SL
A RESOLUTION OF THE TOWN OF SURFSIDE URGING
THE STATE OF FLORIDA LEGISLATURE AND THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION ("FDEP")TO ESTABLISH CHEMICAL
TESTING STANDARDS PRIOR TO ISSUING A COASTAL
CONSTRUCTION CONTROL LINE PERMIT ("CCCL")
WHICH AUTHORIZES THE TRANSFER AND
PLACEMENT OF EXCAVATED SAND SEAWARD OF THE
CCCL ONTO APUBLIC BEACH;RECOMMENDING
ADDITIONAL CHEMICAL TESTING STANDARDS;
ENCOURAGING SUPPORT FROM PUBLIC OFFICIALS
AND UNITS OF GOVERNMENT TO SUPPORT THIS
INITIATIVE;PROVIDING DIRECTION TO THE TOWN
CLERK;PROVIDING FOR INCORPORATION OF
RECITALS;PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the Florida Department of Environmental Protection (FDEP)issues permits
which authorize excavation and placement ofsand seaward of the Coastal Construction Control
Line(CCCL),pursuantto161.053,Florida Statutes;and
WHEREAS,FDEP Permit No.DA-631-S undertook the excavation and completed
transfer ofsand onto the Town of Surfside beach from 96*Street to 8801 Street prior to May 1,
2014;and
WHEREAS,community concerns were raised regarding the chemicals of concern
contained inthe transferred sand duetoa portion ofthe sand being excavated beneath ashe which
was constructed over75yearsagoand continuously operated;and
WHEREAS,in compliance with FDEP rules,thesandwas transferred andplacedontothe
beach in accordance with FDEP Permit No.DA-631 -S without chemical analysis beingperformed
onthesandtransferredandplacedonthe beach;and
WHEREAS,FDEP guidelines statethatsandy material excavated seaward of the CCCL
or 50-foot setback shall be maintained onsite seaward of the CCCL or 50-foot setback and shall
be placed inthe immediate areaof construction unless otherwise specifically authorized bythe
Department,asprovidedbyRule 62B-33.005(6),FA.C;and
WHEREAS,FDEPdefinesbeachqualitysandassandwhichissimilartothenativebeach
sand inbothcoloration and grain si2e andis free of construction debris,rocks,clay ot other foreign
matter,pursuant to Rule 62B-33.002(8),F.A.C.;and
WHEREAS,FDEPiscurrently amending Rule 62B-33,F.A.C.,Rulesand Procedures for
Coastal Construction and Excavation and is proposing the creation ofa CCCL Applicant's
Handbook;and
Page I of5
li#1#?fpgifi^^
WHEREAS,theTown ofSurfeide participated intheFDEPSecondRuleWorkshopon
February12,2015 todiscussthe proposed amendments toRule 62B03,FA.C.andcreationof
feeCCCLApplicant*s Handbook;and
WHEREAS,thecost of testingtheexcavatedmaterialisaninexpensiveandminorcost
consideration inconjunctionwiththeoverallcost of adevelopmentprojecteast of the CCCL;
WHEREAS,the Town Commission of theTown of SurfeidecreatedaSandProject
CommunityMonitoringCommittee("CommunityMonitoringCommittee")inresponseto
communityconcernswithactivityassociatedwith die activities conductedconsistentwithFDEP
PenmtNo.DA-631;and
WHEREAS,a priority of theTownistoensurethe health,safetyand wel&re of the
public while also seeking opportunities to preserve itsbeachto mitigate the impacts associated
with climate change aswellasto sustain this valuable resource asan economic development
myffl^t and
WHEREAS,a priority of the Community Monitoring Committeewastoaddressthe
chemical analysis ofthesandto ensure the health,safi^y and welfereofthe public;and
WHEREAS,die Town Commission,upon receiving concerns aboutthe chemical
composition ofthe transferred sand,immediately authorized retaining the services ofan expert
toxicologist (Dr.Christopher Teat President of Hazardous Substance and Waste Management
Research,Inc."HSWMR*and Member ofthe Faculty of Florida State University)to provide
analysis ofchemical testing results andto address health risks concens raised by fte residents of
die Town ofSurfeide;and
WHEREAS,in addressing a priority ofthe Community Monitoring Committee,Dr,Teaf
assisted the Committee in developing a recommended listof analytical categories that arenot
currently required urate Rule 62B-33,F.A.C,with appropriate supplementary tests tobe
identified and implemented baseduponthes
•"RCRA8-metalswith extraction by USEPA Method3050
and analysis by USEPA Method 6010or200.7 (i.e.,
arsenic,barium,cadmium,chromium,lead,mercury,
selenium,silver).Data tobe expressed in mg/kg,
•Total Recoverable Petroleum Hydrocarbons (TRPH)by
Florida Department of Environmental Protection (FDEP)
FL-PROmethodDatatobe expressed inmg/kg.
•Chlorinated hydrocarbon pesticides byUSEPAMethod
8081,specifically aldrin,chlordane,dieldrin,endrin,
heptachlor,andthe DDT/DDD/DDE group.Datatobe
expressedin mg/kg.
Page2 of5
ESBfflfBaW^^
•Polychlorinated biphenyls (PCBs)byUSEPAMethod8082
Cue.,Aroclors 1016,1221,1232,1242,1248,1254,and
1260).Datatobe expressed in mg/kg.
•Asan alternative approach,USEPA Method 8270maybe
usedtocapture die analysis listedinboth die thirdand
fourth categories,though that method iscapable of
identifyingamuchlargeruniverse of substancesthat die
individual methods cited
•If thereis site-specific knowledge whichsuggeststhat
assessment of die leaching potential foraparticularsand
sourceiswarranted,die appropriate testmethodwillbe die
SyntheticPrecipitationLeachingProcedure(SPLP;USEPA
Method 1312).
•Specific protocols andsamplenumbersshouldbe
developedonasite-specific bads,basedupondiscussions
betweenFloridaDEPandtheentitythatisproposing die
beach renourishment Chemical toting resultsshallbe
consistentwithnaturallyoccurringbackgroundlevels.
WHEREAS,pursuanttotheSeptember11,2014FinalReport,theCommunity
Monitoring Committee recommendedtoandacceptedby die TownCommission that die Town
supportandmoveforwardanUrging Resolution requesting achangeinFDEP regulations
regarding chemical testing of sand transfer onto die beachaspart of aCCCLpermitorsimilar
permits issuedbyFDEPfor placement of sandonapublicbeachurging die Florida Legislature
and FDEP toamend die appropriate sections of die Florida Statuesand rides and regulations of
FDEPtorequirechemicaltesting ofallsandplacedeast oftheCCCL;and
WHEREAS,die Town of Surfeide urges Members of die Miami-DadeCounty
Delegation of State of Florida Legislators,die Board of CountyCommissioners of Miami-Dade
County,Miami-Dade County Department of Regulatory andEconomicResources ("DERM"),
all municipalities in Miami-Dade County,the Miami-Dade CountyLeagueof Cities,the Fto^
League of Cities,andallother coastal municipalities and counties of Florida to support this
resolution;and
NOW THEREFORE,BE IT RESOLVED BY THE TOWN COMMISSION OF
THE TOWN OF SURFSIDE,FLORIDA,AS FOLLOWS:
Section 1.Bff%fr tfftftVft!P\That each of theabovestatedrecitalsarehereby adopted,
require that minimum chemical toting standards are established bytheState ofFlorida:
Page3 of5
teiiii^iiii&^^
•"RCRA 8"metals with extraction by USEPA Method 3050
and analysis by USEPA Method 6010 or 200.7 (Le.,
arsenic,barium,cadmium,chromium,lead,mercury,
selenium,silver).Datatobeexpressedin mg/kg.
•Total Recoverable Petroleum Hydrocarbons (TRPH)by
Florida Department of Environmental Protection (FDEP)
FL-PROmethod.Datatobeexpressedinmg/kg.
•Chlorinatedhydrocarbonpesticides by USEPA Method
8081,specifically aldrin,chlordane,dieldrin,endrin,
heptachlor,andthe DDT/DDD/DDE group.Datatobe
expressed in mg/kg.
•Polychlorinated biphenyls(PCBs)byUSEPAMethod8082
(Le,,Aroclois 1016,1221,1232,1242,1248,1254,and
1260).Datatobeexpressedinmg/kg.
•As an alternative approach,USEPAMethod8270maybe
usedtocapturetheanalysislistedinboththethird ami
fourth categories,though thatmethodis capable of
identifying amuch larger universe of substancesthatthe
individual methods cited.
•If thereis site-specific knowledge whichsuggeststhat
assessment of the leaching potential fora particular sand
sourceis warranted,the appropriate testmethodwillbethe
Synthetic Precipitation Leaching Procedure (SPLP;USEPA
Method1312).
•Specific protocols andsamplenumbersshouldbe
developed cm a site-specific basis,based upondiscussions
between Florida DEP and the entitythatisproposingthe
beach renourishment.Chemical testingresultsshallbe
consistentwith naturally occurring backgroundlevels.
Section3.Directionto Town Clerk.TheTownClerkishereby directed to transmit a
copy of this Urging Resolution to:die Governor of die State of Florida,the Secretary of the
Florida Department of Environmental Protection,Members of the Miami-Dade County
Delegation of State of Florida Legislators,the Board of County Commissioners of Miami-Dade
County,Miami-Dade County Department of Regulatory and Economic Resources ("DERM")*
all municipalities in Miami-Dade County,the Miami-Dade County League of Cities,and die
Florida League ofCities.
Section 4.Implementation.The Town Manager is hereby authorized totakeany and all
actionnecessarytoimplementthisResolution.
Sections.Effective Date.This Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED this JgT_day of GfilrfUfkrtl .2015.
Page 4of5 '
11'^^fca^^?,,
Motion by EmmtM&mr tfkfAkZh
Second by CmmmkMf QttfctiK
FINAL VOTE ON ADOPTION:
Commissioner BarryCohen
Commissioner Michael Karukin
Commissioner Marta Olchyk
ViceMayorEliTourgeman
Mayor Daniel Dietch
ATTEST:
Sandra NoVtfen^wn Cleric
APPROVE])*AS TO FORM AND
LEGAL SUFFICIENCY FOE
I TOWN OF SURFSIDE ONLY:
Linda Miller,Town Attorney
Page5 of5
DanielDietch,Mayor
JBJ&8»3R&8^^
RESOLUTION NO.2015-24
A RESOLUTION OF THE CITY OF AVENTURA,FLORIDA,
SUPPORTING THE TOWN OF SURFSIDE'S RESOLUTION URGING
THE STATE OF FLORIDA LEGISLATURE AND THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP")TO
ESTABLISH CHEMICAL TESTING STANDARDS PRIOR TO ISSUING A
COASTAL CONSTRUCTION CONTROL LINE ("CCCL")PERMIT
WHICH AUTHORIZES THE TRANSFER AND PLACEMENT OF
EXCAVATED SAND SEAWARD OF THE COASTAL CONSTRUCTION
CONTROL LINE ONTO A PUBLIC BEACH;PROVIDING DIRECTION
TO THE CITY CLERK;AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the beaches throughout Miami-Dade County and the State of
Florida are vitalto the quality oflifefor residents and tourists alike;and
WHEREAS,itis important to preserve the quality of sand that is placed on the
public beaches that provide a source of recreation and relaxation for both adults and
children;and
WHEREAS,the Townof Surfside adopted Resolution No.15-2282,attached
hereto as Exhibit "A",and has requested other municipalities to support that Resolution;
and
WHEREAS,the City Commission supports the Townof Surfside Resolution,
which requests a change inFDEP regulations regarding chemical testing of sand
transfer onto the beach as part ofaCCCLpermitorsimilar permits issued byFDEP,for
placement of sand onapublic beach,and urges the Florida Legislature and FDEPto
amend the appropriate sections of the Florida Statutes and rules and regulations of
FDEP,to require chemical testing ofall sand placed east of the CCCL;
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA,FLORIDA,THAT:
Section 1,Recitals.The above stated recitals are hereby adopted and
confirmed.
Cityof Aventura Resolution No.2015-24
Page 2
Section 2,Support bv the City Commission for the Town of Surfeide
Resolution.The City Commission supports Townof Surfside Resolution No.15-2282,
which urges and recommends that the FDEP require minimum chemical testing
standards to be established by the State ofFlorida,with the recommended baseline
analytical profile as outlined in Surfside Resolution No.15-2282.
Section 3.Direction to the City Clerk.The CityClerkis hereby directed to
transmit a copy ofthis Resolution to the Governor of the State ofFlorida,the Secretary
of the Florida Department of Environmental Protection,Members of the Miami-Dade
County Delegation of State ofFloridaLegislators,the Mayor and County
Commissioners ofMiami-DadeCounty,the Florida League ofCities,the Miami-Dade
County League ofCities,the Miami-DadeCounty Department ofRegulatory and
Economic Resources ("DERM"),and municipalitiesinMiami-DadeCounty.
Section 4,Effective Date.This Resolution shall become effective
immediately upon its adoption.
The foregoing Resolution was offered by Commissioner Shelley,who moved its
adoption.The motion was seconded byViceMayor Holzberg,anduponbeingputtoa
vote,the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
ViceMayorTeriHolzberg Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No.2015^4"
Page 3
PASSED ANDADOPTEDTHIS 7th dayof April,2015.
<Z^TA
ELLISA L.HORVAJTH JAMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
&L>u2&t<<&<
ENID WEISMAN,MAYOR
tep^«%^^