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=
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BOARD OF COUNTY COMMISSIONeRS 0
OF MONROE CO TY, FLORIDA
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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