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Item F3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Bulk Item: Yes February 17,2000 No X Division: Growth Management Department: N/A AGENDA ITEM WORDING: Approval of Memorandum of Understanding between Monroe County, Florida Department of Health, including the Monroe County Health Department, and Florida Department of Community Affairs to incorporate needed revisions in the Coordinated Permit Process for Wastewater Disposal Permits and Development Permits for New Residential Development. ITEM BACKGROUND: In June 1999, the Florida Administration Commission promulgated Rule 28-20.100 that revised Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan. The revised policy expands under what conditions "cesspit credits," now called "nutrient credits," can be earned. These credits orhalf-credits will now be available for most upgrades of on-site and package wastewater treatment systems, not just the elimination of cesspools. Addendum One of the proposed Memorandum of Understanding provides a schedule for nutrient credits, The proposed revised draft Memorandum of Understanding replaces the original document entered into between the parties in July 1997. It incorporates the change in the schedule of nutrient credits to be earned and includes other minor revisions to make the document more understandable and reflect the actual permitting procedures and process followed by the County and the Monroe County Health Department. PREVIOUS RELEVANT BOARD ACTION: Approved original Memorandum of Understanding in July 1997. STAFF RECOMMENDATION: Approval. TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: APPROVED BY: County Attorney X N/A DIVISION DIRECTOR APPROVAL: Tt DOCUMENTATION: Included X To follow Not required DISPOSITION: Agenda Item #: 2~F3 MEMORANDUM OF UNDERSTANDING Coordinated Permit Review Process for Wastewater Disposal Permits And Development Permits for New Residential Development In Unincorporated Monroe County This Memorandum of Understanding ('MOU") is entered into between the Florida Department of Community Affairs ("DCA"), Florida Department of Health ("DOH"), including the Monroe County Health Department ("MCHD"), Florida Department of Environmental Protection ("DEP") and Monroe County ("County"). Background The purpose of this MOU is to document the individual and collective responsibilities of the above parties to implement a coordinated permit review process regarding wastewater disposal permits and development permits for new residential development in unincorporated Monroe County as required under Administration Commission Rule 28-20.100, Comprehensive Plan - Part II (35) Policy 101.2.13 and as directed in Executive Orders 96-108 and 98-309. This MOU replaces the original MOU entered into between the parties in July 1997. Rule 28-20.100 directs that no state agency shall issue a wastewater disposal permit that would allow development in excess of the number of permits that Monroe County may issue under Policy 101.2.13 for new residential development, and that Monroe County shall not issue development permits in excess of wastewater disposal permits that DOH or wastewater treatment plant construction permits that DEP may issue. Monroe County adopted Ordinance No. 16-1992, as amended, establishing a dwelling unit allocation system, also referred to as the Rate of Growth Ordinance ("ROGO"), to facilitate implementation of the Florida Keys Comprehensive Plan and Development regulations and to regulate the rate of growth. Monroe County more recently adopted Ordinance No. 31-1999 regarding an inspection and compliance program for on-site sewage treatment and disposal systems ("OSTDS"), requiring the replacement of unknown, unpermitted and inadequate OSTDS within areas identified as "Cold Spots" in the County's master wastewater planning process. Purpose and Scope This MOU and the above cited ordinances, as amended by Administration Commission Rule No. 28-20.100, are intended to serve as the interim Permit Allocation System, the coordinated permit review process, and the tracking system for monitoring nutrient reduction credits required by Administration Commission Rule 28-20.100. C:\DOCUMENT\Wastewater\moacoordinated6,doc Page 1 of 8 Authority General authority for the parties to enter into this MOU is provided by Administration Commission Rule No. 28-20.100(35), Florida Administrative Code. Additionally, DCA is authorized by Section 380.032, Florida Statutes (F.S.), to enter into an agreement with any landowner, developer or other governmental agency as may be necessary to effectuate the provisions and purposes of Chapter 380, F.S., or any related rule. DEP is authorized to enter into this agreement under Section 403.61 (21), F.S., and Monroe County is authorized under Chapters 125 and 380, F.S. Nutrient Reduction Credits Nutrient reduction credit(s) are generated for the replacement or upgrading of a cesspool or non-compliant OSTDS with a DOH/MCHD approved OSTDS or connection to a DEP approved wastewater treatment system. Nutrient reduction credits ("nutrient credit") are generated in accordance with the Nutrient Reduction Credit Schedule, which is included as Addendum One to this Agreement. These credits may be accumulated and may be applied to ROGO allocation awards in future ROGO years. Except as expressly provided for in this Agreement, nutrient credits may only be applied to a ROGO allocation award within the same ROGO planning area in which they were generated. DOH Tracking System for Nutrient Credits DOH/MCHD, hereinafter referred to collectively as "MCHD," agrees to maintain a tracking system that monitors nutrient reduction credits in each of the County's ROGO areas. MCHD agrees to track the number of nutrient credits generated. Each full (1.0) nutrient credit will be assigned a unique identifier number. Each half (0.5) credit will be given a unique identifier with an "A" or "B" suffix, that must be linked to its corresponding half credit to generate a full nutrient credit. Prior to each Monroe County Planning Commission meeting to approve the allocation of ROGO awards, MCHD agrees to notify the Monroe County Planning Department of the number of full nutrient credits available in each ROGO area along with their unique identifier numbers. No OSTDS permit may be issued for a new residential dwelling unit unless a full unused nutrient credit exists for that ROGO area. When the OSTDS permit is issued, a nutrient credit is then considered used and the record for that nutrient credit will include a unique identifier provided by Monroe County for the ROGO allocation award linked to that nutrient credit. The nutrient credit identifier and ROGO allocation award identifier will both be included on the issued OSTDS permit. C:\DOCUMENT\Wastewater\moacoordinated6.doc Page 2 of 8 The MCHD with assistance from Monroe County will keep a cumulative list of individual used and unused nutrient credits, unique identifiers for each nutrient credit, dates issued, ROGO area of each nutrient credit, the corresponding OSTDS permits issued, and corresponding ROGO award identifiers. MCHD agrees to provide a semi-annual report showing totals-to-date, annual, and semi- annual figures to all parties to this Agreement and to the Executive Office of the Governor. DEP Assistance in Nutrient Tracking The Department will assist Monroe County in its nutrient tracking efforts to ensure that construction permits for domestic wastewater facilities do not allow development in excess of the number of building permits that the County may issue. To do this, the DEP will provide the County with a copy of the permit application within 15 days of its receipt by the DEP. The DEP will notify the County of its intent to draft (or deny) a permit. If the County objects, for any reason, to issuing the permit, it may request an administrative hearing in accordance with Rule 62-620.510, FAC. County Tracking of 88 "Future" Nutrient Credits In accordance with Florida Administration Commission Rule 28-20.100, Monroe County is permitted to receive 88 "future" nutrient credits that are to be generated by the County's assistance program, funded by the State and County, for the replacement of cesspools for low and low-moderate income households. The County has applied a portion of these nutrient credits to eliminate the backlog of applicants eligible for a ROGO allocation award at the end of ROGO Year 8. The remainder of the nutrient credits are to be applied anywhere in the County at the policy discretion of the Board of County Commissioners. The County agrees to maintain a tracking system for these "future" nutrient credits. Each nutrient credit will be assigned a unique identifier number by the County. The County will provide MCHD with the unique identifier for the nutrient credit at the same time that the unique ROGO allocation award identifier is provided. This nutrient credit identifier and ROGO allocation award identifier will both be included on the issued OSTD permit. For the 88 "future" credits, the County will keep a cumulative list of individual used and unused nutrient credits, unique identifiers for each nutrient credit, dates issued, the corresponding OSTDS permits issued, and corresponding ROGO award identifiers. The County agrees to provide a semi-annual report showing totals-to-date to the parties to this Agreement and to the Executive Office of the Governor. C:\DOCUMENT\Wastewater\moacoordinated6,doc Page 3 of 8 ROGO Allocation Tracking System The County agrees to maintain a tracking system that monitors RaGa allocation awards in each of the separate RaGa areas, with separate tracking for market- rate residential and affordable residential awards. The County agrees to track the number of residential RaGa allocation awards generated and used. When a building permit application for a new residential dwelling unit is submitted to the County Building Department, the County will assign a unique identifier to that application which shall also serve as its unique RaGa award identification number for tracking purposes. When a RaGa allocation award is made, the County will notify applicants receiving the RaGa award and MCHD. In determining RaGa allocation awards, the County will use the information provided by MCHD and its own nutrient tracking records regarding the number of nutrient credits available in each RaGa area. No building permit for a new residential dwelling unit may be issued unless the applicant has received a RaGa allocation award with a unique identifier; and, if appropriate, an OSTDS permit with a corresponding nutrient credit and unique identifier from MCHD. Assignment of Nutrient Credits Nutrient credits will be divided between affordable residential and market-rate residential awards in a minimum of 20:80 proportion, unless the County's Planning Commission approves an increase in the proportion of affordable housing allocations as provided for in the Monroe County Land Development Regulations. If such an increase is authorized, this proportion will be adjusted accordingly and the County will notify MCHD. No nutrient credits associated with affordable residential RaGa allocation awards may be switched to market-rate residential allocations. Any nutrient credits which the County obtains through agreements with private and public entities under the provisions of Chapters 163 and 380, F.S., will be available for assignment by the County within the same RaGa planning area. The County will coordinate the assignment of these nutrient credits with MCHD. A RaGa allocation awardee with an available nutrient credit has sixty (60) days to pick up his aSTDS and building permit after notification by the County. After sixty (60) days, the RaGa allocation award expires and the nutrient credit is available to be assigned to the eligible RaGa awardee highest on the nutrient credit list. The County will maintain a cumulative list of individual used and unused RaGa allocation awards, corresponding unique award identifiers, dates issued, RaGa area of each award including whether it was categorized as either market-rate C:\DOCUMENT\Wastewater\moacoordinated6.doc Page 4 of 8 residential or affordable residential, and the corresponding nutrient credit identifiers. The County agrees to provide a quarterly summary report showing totals to date, annual, and quarterly figures to all parties to this Agreement and the Executive Office of the Governor. Adjustment of ROGO Awards Applicants with ROGO scores sufficient to receive an allocation in a ROGO quarter, but unable to be awarded a ROGO allocation in order to receive their OSTDS and building permits because of a shortage of nutrient credits, will retain their ROGO ranking and nutrient credit priority rank for future nutrient credits that may become available, ahead of ROGO applicants who receive a sufficient ranking to receive a ROGO allocation in subsequent ROGO quarters. At the end of each ROGO year, the number of ROGO allocation awards in the next ROGO year will be reduced by the number of ROGO applications with sufficient scores to receive a ROGO allocation award, but which are still awaiting a nutrient credit. Coordinated Permit Review Process The Coordinated Permit Review Process for On-site Wastewater Disposal Permits and Development Permits for unincorporated Monroe County from the applicant's perspective will be as follows: 1. The applicant for an OSTDS permit for new development applies for and receives a preliminary OSTDS letter of review from MCHD if all conditions are met except the possession of a nutrient credit. . The applicant signs a disclaimer acknowledging that the OSTDS permit will not be issued until and unless a nutrient credit is available, and that the County cannot issue a building permit until the applicant receives a ROGO allocation award and verification of nutrient credit availability. 2. The applicant provides the County with a coordinating letter from MCHD and goes through the building permit application and ROGO process and receives a ROGO allocation ranking. The ROGO ranking also determines the priority for a nutrient credit. 3. If the applicant's ranking is sufficiently high to receive a ROGO allocation award and if a nutrient credit is available, the applicant is notified by Monroe County that he is eligible to receive an OSTDS permit and then a building permit. The County notifies the MCHD. The notification includes a unique identifier for the applicant's ROGO award. The notification also states that the awardee has sixty (60) days to pick up the OSTDS permit from the MCHD and the building permit from the County; otherwise the applicant's building permit and ROGO award expire. The County also compiles a ranking of C:\DOCUMENT\Wastewater\moacoordinated6.doc Page 5 of 8 all applicants considered for the quarterly ROGO allocation award. Applicants may consult this list to determine their ranking. In some ROGO quarters, the number of available nutrient credits may be less than the number of available ROGO allocation awards. Those ROGO applicants with sufficient ranking to be eligible for a ROGO award, but are unable to receive an award due to a shortage of nutrient credits, will retain their ROGO ranking and nutrient credit priority rank for future nutrient credits that may become available, ahead of applicants who have sufficient ranking to receive a ROGO award in future quarters. 4. The applicant brings the ROGO award notification with its unique identifier to the MCHD to receive an OSTDS permit. MCHD issues the applicant an OSTDS permit showing both the nutrient credit unique identifier and the ROGO award unique identifier. MCHD notifies the County after the applicant receives the OSTDS permit. 5. The applicant brings the OSTDS permit to the County and picks up his building permit. The building permit shows both the nutrient credit unique identifier and ROGO award unique identifier. 6. At any stage in the permitting process an applicant has the option of earning a nutrient credit in accordance with the schedule in Addendum One by replacing or upgrading a wastewater system in the ROGO area within which the applicant wishes to build. After final inspection and approval by MCHD of the new OSTDS replacing or upgrading a wastewater system, MCHD will reserve the resulting nutrient credit and unique identifier in the applicant's name and will issue a preliminary OSTDS letter of review if all other conditions are met. However under no circumstances will the applicant be able to reserve a nutrient credit that is generated under the County's Homeowners Wastewater Assistance Program or without providing the MCHD with a building permit application number. Effective Date This MOU shall take effect upon the date the last party signs this MOU and shall remain in effect for the period prescribed within Administration Commission Rule 28-20.100. C:\DOCUMENl\Wastewater\moacoordinated6.doc Page 6 of 8 THE PARTIES, by their duly authorized undersigned representatives have executed this Memorandum of Understanding on the dates and year below written. Mayor, Board of County Commissioners, Monroe County, Florida Secretary, Department of Community Affairs Secretary, Department of Environmental Protection Secretary, Department of Health Administrator, Monroe County Health Department C:\DOCUMENT\Wastewater\moacoordinated6,doc Page 7 of 8 Date Date Date Date Date ADDENDUM ONE NUTRIENT REDUCTION CREDIT SCHEDULE On-site Sewage Treatment and Disposal System Upgrades The upgrade or replacement of the following wastewater treatment systems to a DOH/MCHD approved OSTDS: Cesspit Substandard OSTDS Approved OSTDS Secondary Treatment 1.0 Nutrient Credit 0.5 Nutrient Credit 0.5 Nutrient Credit Not Applicable Centralized: Secondary Wastewater Treatment System Upgrades The upgrade or replacement of the following wastewater treatment systems to a DEP approved centralized system with secondary treatment: Cesspit Substandard OSTDS Approved OSTDS Secondary Treatment 1.0 Nutrient Credit 0.5 Nutrient Credit 0.0 Nutrient Credit Not Applicable Centralized: Best Available Treatment (BAT) The upgrade or replacement of the following wastewater treatment systems to a DEP approved centralized SAT system: Cesspit Substandard OSTDS Approved OSTDS Secondary Treatment 1.0 Nutrient Credit 1.0 Nutrient Credit 1.0 Nutrient Credit 1.0 Nutrient Credit Centralized: Advanced Wastewater Treatment (AWl) The upgrade or replacement of the following wastewater treatment systems to a DEP approved centralized AWf system: Cesspit Substandard OSTDS Approved OSTDS Secondary 1.5 Nutrient Credit 1.5 Nutrient Credit 1.5 Nutrient Credit 1.5 Nutrient Credit Note: 1.0 nutrient credit equals 1.0 equivalent residential unit (ERU). 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