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Item K3BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 15, 2009 Bulk Item: Yes X No Division: Growth Management Department: Staff Contact Person/Phone #: Andrew Trivette Ext. #2517 AGENDA ITEM WORDING: Approval of a letter by the Monroe County Board of County Commissioners to be sent to Michael W. Sole Secretary of the Florida Department of Environmental Protection (FEDP) requesting they reconsider its current criteria for the Small Community Wastewater Construction Grants Program (SCWCGP), specifically the criteria for "disadvantaged communities" to enable Monroe County to apply. ITEM BACKGROUND: The requirements to comply with the Advanced Wastewater Treatment Standards under the Clear Water Act are four times stricter and 70% more expensive than other areas in the State due to its fragile ecosystem. Without the ability to apply for SCWCGP funds the cost per homeowner will run between 12% and 45% of the median household income and exceed by 10 times the standard of financial hardship established by the US Environmental Protection Agency. Additionally, the designation of Monroe County and the Florida Keys as an Area of Critical State Concern by Chapter 380-0552 of the Florida Statutes serves as a justifiable basis for inclusion as a "disadvantaged community" for disbursing state revolving fund monies and this designation should be added as a criterion for additional funding. The Federal Government allocated $68,000,000 to the SCWCGP as a part of Florida's stimulus monies. Monroe County is currently ineligible for this funding source. PREVIOUS RELEVANT BOCC ACTION: n/a CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval TOTAL COST: 0 INDIRECT COST: BUDGETED: Yes No COST TO COUNTY: 0 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM # County of Monroe Growth Management Division Office of the Director 2798 Overseas Highway Suite #400 Marathon, FL 33050 Voice: (305) 289-2517 FAX: (305) 289-2854 We strive to be caring, professional and fair June 4, 2009 Secretary Michael W. Sole Florida Department of Environmental Protection 3900 Commonwealth Boulevard M.S. 49 Tallahassee, FL 32399 Dear Secretary Sole: Board of County Commissioners Mayor George Neugent, Dist. 2 Mayor Pro Tem Sylvia J. Murphy, Dist. 5 Kim Wigington, Dist. 1 Heather Carruthers, Dist. 3 Mario Di Gennaro, Dist. 4 We are writing to call your attention to a matter of great importance to Monroe County. As you know, the County is facing a July 1, 2010 deadline to comply with the Advanced Wastewater Treatment Standards under the Clean Water Act. The requirements in the Keys are four times stricter and 70 percent more expensive than other areas in the State due to its fragile ecosystem. Without assistance, these costs will be borne at the local level creating an unjust financial hardship to most of our residents. The cost per homeowner will run between 12 percent and 45 percent of the median household income. These costs exceed by 10 times the standards of financial hardship established by the United States Environmental Protection Agency whose regulations state that when a community's wastewater charges exceed 2 percent of the median family income, they impose a financial hardship. We ask that the Florida Department of Environmental Protection reconsider its current criteria for the Small Community Wastewater Construction Grants Program specifically, the criteria for "disadvantaged communities" to enable Monroe County to apply. The County's true socio-economic profile includes an average working wage that is far less than the median income with 40 percent of families earning less than $40,000 per year. Further, we feel that the designation of Monroe County and the Florida Keys as an Area of Critical State Concern by Chapter 380.0552 of the Florida Statutes serves as a justifiable basis for inclusion as a "disadvantaged community" for the purpose of disbursing state revolving fund monies. It is our proposal that designation as an Area of Critical State Concern be added as a criterion for additional funding through the State Revolving Fund Program to Keys wastewater projects, lessening the individual burden placed on our residents. Thank you for your consideration of this timely matter. We look forward to your response. Sincerely, George Neugent Monroe County Mayor cc: The Honorable Bill Nelson cc: The Honorable Mel Martinez cc: The Honorable Ileana Ros-Lehtinen cc: George Ames, Chief of State Revolving Fund Branch, U.S. Environmental Protection Agency