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Resolution 536-2002 Commissioner George Neugent RESOLUTION NO. 536 -2002 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA CONCERNING THE DEPARTMENT OF ENVIRONMENTAL PROTECTION STAFF'S PROPOSED NUMERICAL CRITERION OF 10 PARTS PER BILLION OF PHOSPHORUS BASED ON THE FOCUS OF EVERGLADES RESTORATION WHEREAS; Monroe County has a vital interest in the outcome of the deliberations of the State Environmental Regulatory Commission; WHEREAS; Monroe County, consisting of mainland Everglades and a series of islands extending from the peninsula's southern coast, is the ultimate recipient of the South Florida watershed that is the focus of Everglades restoration; WHEREAS; Monroe County's economy is almost entirely dependent on the health of its natural resources, as it is based on tourism largely surrounding fishing and diving as well as one of the nation's most valuable commercial fisheries; WHEREAS; Florida Bay and the coral reef ecosystem depend on clean water in order to survive as nationally significant marine resources and the basis for the aforementioned economies; WHEREAS; the natural marine resources of the Keys are considered significant enough to merit their designation in two national parks, the nation's most visited national marine sanctuary and Florida's most-visited state park; now, therefore BE IT RESOLVED THAT THE MONROE COUNTY COMMISSION hereby agrees to strongly support the Department of Environmental Protection staff's proposed numerical criterion of 10 parts per billion of phosphorus; and The Monroe County Commission approves sending the attached letter to the members of the ERC as well as relevant public officials. PASSED AND ADOPTED by the Board of County Commissioners of Monroe:f:ounty, :r:Iorid8J;J at a regular meeting of said Board held on the 20th day of November, 2002. ~ j:: ~ r= :::0 C'") L C) I"T1 Cl -.' f"T1 rrol;=_: n 0 C-y . ""T'l c~. N a ~ ;0::'.: :u -/' C J> C'")r- :u :< -I;:C; :::r: I"T1 ')> ;1 G'> :s g ~ ", U1 :::0 BOARD OF COUNTY COMMISSIONeRS 0 OF MONROE CO TY, FLORIDA yes yes yes yes yes By EvergladesDEP DRAFT LETTER - Monroe County (Individually addressed to) Ken Wright, Chairman Shutts & Bowen 300 S. Orange Avenue, Suite 1000 Orlando, FL 32802-4956 Tracy Duda Chapman, Vice Chair A. Duda & Sons, Inc. PO Box 620257 1975 W, SR 426 Oviedo, FL 32765 Victoria J. Tschinkel 310 West College Avenue Tallahassee, FI 3230 I (850) 681-1874 FAX: (850) 681-3948 Lisa A. Tropepe Shalloway, Foy, Rayman & Newell 1201 Belvedere Road West Palm Beach, FL 33405 Marcia P. Tjoflat Pappas, Metcalf, Jenks & Miller 200 West Forsyth Street, Suite 1400 Jacksonville, FL 32202 Anthony J. Clemente PBS&J 2001 Northwest 107 A venue Miami, FL 33172 Mar.jorie F. Guillory Tampa Water Department 306 East Jackson Street, 5E Tampa, FL 33602 Dear The citizens of Monroe County have a vital interest in the outcome of the deliberations you are now undertaking concerning the establishment of a criterion for phosphorus in the Everglades Protection Area. While the citizens in, and local governments representing all Counties in South Florida have an interest in the outcome of these proceedings, Monroe County is literally at the "end of the pipe" when it relates to all of the possible outcomes of Everglades Restoration, and the implementation of the Everglades Forever Act. Our entire economy is linked directly to the health of Florida Bay, the deliveries of clean fresh water to the bay via the South Florida Water Management District's 'system and Everglades National Park, and the ultimate success or failure of Everglades Restoration. With these thoughts in mind, our County Commission has directed me to make the following comments with regard to the proceedings now underway before the ERC regarding Section 302.540, F.A.C., the Proposed Phosphorus Criterion for the Everglades Protection Area as required by Section 373.4592(4)(d), Florida Statutes. 1. The Monroe County Commission strongly supports the Department Staffs proposed numerical criterion of 10 parts per billion. We believe that the impressive compendium of scientific research, much of which has been presented to you by DEP and Water Management District witnesses in the last several months, amply supports this number under any reasonable standard of proof or evaluation. It is noteworthy that the task of the ERC that has been directed by the Legislature is very clearly described; the task is not to speculate upon what a water quality standard ought to be considering many general factors. The task is instead defined precisely as deriving a criterion number which reflects the already existent standard for phosphorus written in the law - avoidance of imbalance in natural populations of Florida and Fauna. Florida has over 60 water quality standards, most expressed in numerical terms. It would be worthwhile for the ERC to ask DEP staffto present an analysis of the amount of scientific research and documentation that was presented to your ERC predecessors in the 1970's and 1980's when most of these standards were adopted. Unquestionably, you would find through such an exercise that the quality and quantity of scientific work supporting the proposed 10 ppb standard is unprecedented in the history of Florida water quality rulemaking, and exceeds by several orders of magnitude the record of evidence supporting other water quality standards that are in effect throughout the state today. 2. Whilewe applaud the DEP staff for their presentation of solid evidence supporting the appropriate 10 ppb phosphorus criterion, we are deeply concerned by other recent recommendations of the DEP staff to the ERC. Specifically, we have great concern regarding the conceptual proposals made by DEP at your last meeting which would allow the possibility of "moderating provisions" such as variances, or the determination by rule that the "net improvement" requirement of the Everglades Forever Act might somehow be interpreted to stand as a substitute for compliance with the criterion in "impacted areas". It is clear that the Legislature intended the criterion established for phosphorus in the Everglades Protection Area to function differently than previous failed attempts to apply water quality standards with their many variances, mixing zones, site specific alternative criteria. In fact, the Legislature specifically acted in Section 373.4592 (11) to preclude the use of these moderating provisions in the Everglades Protection Area except for "nonphosphorus parameters". In the place of traditional "moderating provisions" otherwise present concel11ing water quality standards, the Legislature structured within the Everglades Forever Act a system of "Long- Term Compliance Pel111its" which are intended to function and require particular outcomes under both conditions of compliance and non-compliance of discharges with the adopted phosphorus criterion. In the event of compliance, these permits would require monitoring and maintaining that compliance. In the event of any discharges that exceed the phosphorus criterion, these pel111its would require the immediate development of remedial measures in the form of a plan, funding mechanisms, and implementation schedules to achieve compliance. In conclusion, we urge the Environmental Regulation Commission to quickly proceed with the adoption of the 10 ppb phosphorus criterion, and to avoid acting upon any recommendations which would revert the considerable progress made since the passage of the Everglades Forever Act to the old failed system of variances, excuses, and "looking the other way" which prevailed concerning Everglades water quality until those practices were challenged by litigation brought by the Federal 'Government in 1988. Neither the Everglades, nor Monroe County can afford action by the ERC which would allow a platfonTI for continued delay in compliance with the necessary 10 ppb phosphorus criterion. The ERC should adopt a straightforward and unequivocal phosphorus criterion of 10 parts per billion. The DEP should then get on with the next steps in the process, which begin with the submission by dischargers of permit applications for Long Term Compliance Permits as required by the Everglades Forever Act. Sincerely, CC: David Struhs, Secretary, DEP Govel11or Jeb Bush Monroe County Legislative Delegation