Res No 205-16-14760RESOLUTION NO.205-16-1 476°
A Resolution of the City of South Miami Commission Opposing the Florida
Department of Environmental Protection(DEP)and Environmental
Regulation Commission (ERC)weakening of human health protections
through new human health-based water qualitycriteriaforourwatersand
urging the U.S.Environmental Protection Agency to deny Florida's proposed
Human Health-based Water Quality Criteria.
WHEREAS,TheCity of SouthMiamistrivestoprovideitscitizensandvisitorswith
clean water for all uses and activities clean water is vital to the health of Florida's environment,
citizens,and economy;and
WHEREAS,onJuly26,2016,theFlorida Environmental Regulation Commission
(ERC),infast-trackingthedecisiontovoteontherule,approved proposed HumanHealth-Based
Water Quality Criteria (HHWQC)bya3to2vote,with 2 vacant Commission positions
remaining unfilled representing,respectively,the "environment"and "local government"seats,
andwiththe "lay person"seat occupied bya recent member of theDEP general counsel;and
WHEREAS the new HHWQC rules were derived by statistical methods not used forthis
purpose by the EPA or any other state inthe nation;and
WHEREAS,the approved criteria allow an increase of toxic and/or carcinogenic
chemicals tobe discharged into Florida waters that are used for sources of drinking water,
shellfish harvesting,fishing and swimming;and
WHEREAS,increasing the amount of these toxic chemicals inour waterways will
increase Floridians'risk of gettingcancerfromuse of Florida's watersandconsumingFlorida-
caught seafood;and
WHEREAS,this further degradation of our waters from these toxics under the ERC
approvalincreasestherisk of developingcancertonearlyonein 10,000 individualsorhigher
(perchemical)forindividualswhoeatFlorida-caughtseafooddaily,suchassubsistence
fishermenandtribalcommunities,andtoonein 100,000 forindividualswhoeat Florida-caught
seafood ona weekly basis;and
WHEREAS,theweakening of Florida's waterqualitycriteriawillencouragemore
industrial discharge includingnewhighly polluting industrial activitiessuchasoilandgas
drilling(includingfrackingoperations),tolocateinFloridatothedetriment of thesafetyofour
State waters and title public;and
WHEREAS,higherlevels of toxicchemicalsin Florida's waterswilllikelyresultin
more pain and suffering aswellas higherhealth carecostsfromdiseasessuchascancer,
leukemia,nervousandimmunesystemdisorders,birthdefectsandotherseriousdiseases;and
Res.No.205-16-14760
WHEREAS,passage ofthe HHWQC rulewill harm Florida's wildlife and environment;
and
WHEREAS,passage ofthe HHWQC rulewillharmFlorida's tourism,recreational and
commercial fishing industry,realestate,andwater-basedeconomy;and
WHEREAS,suchan important health-related decision impacting all citizens of Florida,
should only follow a fully transparent public discussion after the Florida DEP has provided all
documents and explanations regarding the impact ofthe decision at numerous workshops held
around thestateat times and locations that axe convenient to most people;and
WHEREAS,theFloridaDEPonlyheldthreeworkshopsstatewideandnoneinsouth
Florida,and
WHEREAS,FloridaDEPpublishedonelegalnoticeintheFloridaAdministrative
RegisterthatwasdescribedbytheJointAdministrativeProceduresCommittee(Legislative
branch)as "incomprehensible";and
WHEREAS,the South Miami City Commission finds that opposing the Florida
Department of Environmental Protection's weakening of water quality standards for toxic
chemicals and thereby allowing an increase inthe discharge of these toxic chemicals into Florida
waters isinthe best interest of the health,safety and welfare of the residents of South Miami and
all of Florida.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,THAT:
Section 1.TheCityCommissionherebyratifiesandconfirmstheprevious
"WHEREAS"clausesasbeingtrueandcorrectandherebymakesthemaspecificpart of this
Resolution.
Section 2.TheSouthMiamiCityCommissionherebyopposestheFloridaDepartment
ofEnvironmental Protection's proposedHumanHealthToxicsCriteriaandtheincreasing of the
risklevelforcancerusedtodevelopthecriteria.
Section 3.TheSouthMiamiCityCommissionherebyfindsthepublicengagement
processutilizedbytheFloridaDepartmentofEnvironmentalProtection'sproposedHuman
Health-BasedWaterQualityCriteriaruletobeinsufficientandlacking.
Section 4.The South Miami City Commission urgestheU.S.Environmental Protection
Agencytoreject Florida's HumanHealth-BasedWaterQualityCriteriaandprovidetheStateof
Floridawithnotification of failuretomeetfederalstandardsunder §303(c)(3)ofthe
CleanWaterAct(CWA)when theruleisformallysubmittedtotheEPA.
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Res.No.205-16-14760
Section 5.The South Miami City Commission urgestheU.S.Environmental Protection
Agencytoholdmorepublicmeetings,toacceptpubliccommentontheproposedrulesthat
wouldweaken Florida's water quality standardsunder§303(c)of theCleanWaterAct(CWA).
Section 6.The South Miami City Commission urgestheU.S.Environmental Protection
Agency to promptly prepare and publish proposed regulations settingfortharevisedornew
water quality standard under §303(c)(4)of the Clean WaterAct(CWA).
Section 7.That the South Miami Mayor,City Manager,andCity Attorney are hereby
authorized and directed to take anyandall action necessary to effectuate the intent of this
Resolution.
Section 8.That the City Clerk is hereby directed to transmit a copy of this Resolution
tothe United States Environmental Protection Agency,all federal andstate representatives and
senators representing the City of South Miami,andto Governor Rick Scott.
PASSED AND ADOPTED this 1st day of November ,2016.
[TEST:APPROVED:
PL
READ AND APPROVED AS TO FORM,
LANGUAGE,LEGALITY,
AND EXECUTIQN-THEREOF:
COMMISSION VOTE 5-0
Mayor Stoddard:Yea
Vice Mayor Welsh:Yea
Commissioner Edmond:Yea
Commissioner Harris:Yea
Commissioner Liebman:Yea
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