51 RESOLUTION NO. ___ _
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3 A Resolution of the City of South Miami Commission Opposing the Florida
4 Department of Environmental Protection (DEP) and Environmental
5 Regulation Commission (ERe) weakening of human health protections
6 through new human health-based water quality criteria for our waters and
7 urging the U.S. Environmental Protection Agency to deny Florida's proposed
8 Human Health-based Water Quality Criteria.
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10 WHEREAS, The City of South Miami strives to provide its citizens and visitors with
11 clean water for all uses and activities clean water is vital to the health of Florida's environment,
12 citizens, and economy; and
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14 WHEREAS, on July 26, 2016, the Florida Environmental Regulation Commission
15 (ERC), in fast-tracking the decision to vote on the rule, approved proposed Human Health-Based
16 Water Quality Criteria (HHWQC) by a 3 to 2 vote, with 2 vacant Commission positions
17 remaining unfilled representing, respectively, the "environment" and "local government" seats,
18 and with the "lay person" seat occupied by a recent member of the DEP general counsel; and
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20 WHEREAS the new HHWQC rules were derived by statistical methods not used for this
21 purpose by the EPA or any other state in the nation; and
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23 WHEREAS, the approved criteria allow an increase of toxic andlor carcinogenic
24 chemicals to be discharged into Florida waters that are used for sources of drinking water,
25 shellfish harvesting, fishing and swimming; and
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27 WHEREAS, increasing the amount of these toxic chemicals in our waterways will
28 increase Floridians' risk of getting cancer from use of Florida's waters and consuming Florida-
29 caught seafood; and
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31 WHEREAS, this further degradation of our waters from these toxics under the ERC
32 approval increases the risk of developing cancer to nearly one in 10,000 individuals or higher
33 (per chemical) for individuals who eat Florida-caught seafood daily, such as subsistence
34 fishermen and tribal communities, and to one in 100,000 for individuals who eat Florida-caught
35 seafood on a weekly basis; and
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37 WHEREAS, the weakening of Florida's water quality criteria will encourage more
38 industrial discharge including new highly polluting industrial activities such as oil and gas
39 drilling (including fracking operations), to locate in Florida to the detriment of the safety of our
40 State waters and the public; and
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42 WHEREAS, higher levels of toxic chemicals in Florida's waters will likely result in
43 more pain and suffering as well as higher health care costs from diseases such as cancer,
44 leukemia, nervous and immune system disorders, birth defects and other serious diseases; and
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1 WHEREAS, passage of the HHWQC rule will hann Florida's wildlife and environment;
2 and
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4 WHEREAS, passage of the HHWQC rule will hann Florida's tourism, recreational and
5 commercial fishing industry, real estate, and water-based economy; and
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7 WHEREAS, such an important health-related decision impacting all citizens of Florida,
8 should only follow a fully transparent public discussion after the Florida DEP has provided all
9 documents and explanations regarding the impact of the decision at numerous workshops held
10 around the state at times and locations that are convenient to most people; and
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12 WHEREAS, the Florida DEP only held three workshops statewide and none in south
13 Florida, and
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15 WHEREAS, Florida DEP published one legal notice in the Florida Administrative
16 Register that was described by the Joint Administrative Procedures Committee (Legislative
17 branch) as "incomprehensible"; and
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19 WHEREAS, the South Miami City Commission finds that opposing the Florida
20 Department of Environmental Protection's weakening of water quality standards for toxic
21 chemicals and thereby allowing an increase in the discharge of these toxic chemicals into Florida
22 waters is in the best interest of the health, safety and welfare of the residents of South Miami and
23 all of Florida.
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25 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
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28 Section 1. The City Commission hereby ratifies and confinns the previous
29 "WHEREAS" clauses as being true and correct and hereby makes them a specific part of this
30 Resolution.
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32 Section 2. The South Miami City Commission hereby opposes the Florida Department
33 of Environmental Protection's proposed Human Health Toxics Criteria and the increasing of the
34 risk level for cancer used to develop the criteria.
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36 Section 3. The South Miami City Commission hereby finds the public engagement
37 process utilized by the Florida Department of Environmental Protection's proposed Human
38 Health-Based Water Quality Criteria rule to be insufficient and lacking.
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40 Section 4. The South Miami City Commission urges the U.S. Environmental Protection
41 Agency to reject Florida's Human Health-Based Water Quality Criteria and provide the State of
42 Florida with notification of failure to meet federal standards under §303(c)(3) of the
43 Clean Water Act (CWA) when the rule is fonnally submitted to the EPA.
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Section 5. The South Miami City Commission urges the U.S. Environmental Protection
Agency to hold more public meetings, to accept public comment on the proposed rules that
would weaken Florida's water quality standards under §303(c) ofthe Clean Water Act (CWA).
Section 6. The South Miami City Commission urges the U.S. Environmental Protection
Agency to promptly prepare and publish proposed regulations setting forth a revised or new
water quality standard under §303(c)(4) of the Clean Water Act (CWA).
Section 7. That the South Miami Mayor, City Manager, and City Attorney are hereby
authorized and directed to take· any and all 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
to the United States Environmental Protection Agency, all federal and state representatives and
senators representing the City of South Miami, and to Governor Rick Scott.
PASSED AND ADOPTED this __ t_h day of _____ , 2016.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY,
AND EXECUTION THEREOF:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman:
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