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Item J5BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Jana pa 19, 2011 Bulk Item: Yes No x Division: Growth Mqaagement Staff Contact Person/Phone #: Christine Hurley, Growth Management Director AGENDA ITEM WORDING: Approval to ratify comments sent on proposed rules 28-20.130 and 28-20.140, Florida Administrative code being promulgated by the Department of Community Affairs related to the Florida Keys Area of Critical State Concern, by the administrator on January 10, 2011 or approval to revise and transmit revised comments under Mayor signature. Rules are expected to be adopted by the Governor and Cabinet May 17, 2011 and become effective July 1, 2011. ITEM BACKGROUND: Monroe County is in an Area of Critical State Concern. The rule governing Monroe County is outdated. For several years, the DCA has proposed a rule change to update the action items that need to occur within the County. The rule change was put on hold several years ago and the County has been operating from a work plan that outlines action items. DCA is now proposing to adopt rule changes. Staff has reviewed the new draft rule and is requesting the Board send written comments to the DCA. Most of the comments are related to timeline changes or based on existing conditions that have changed since the rule amendment was drafted several years ago. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE. COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION. Included Not Required DISPOSITION: Revised 7/09 AGENDA ITEM # MEMORANDUM To: Board of County Commissioners Through: Roman Gastesi, County Administrat 4) From: Suzanne Hutton, County Attorney Christine Hurley, Growth Management Director Kevin wlison, Director of Engineering & Project Management Judith Clarke, Director of Engineering Services Date. January 7, 2011 RE: Review of Draft Rules 28.20-130 and 28.20-140 Please find attached Monroe County staff comments sent to the Department of Community Affairs (DCA) on January 7. 2011 for the Draft Rules 28.20-130 and 28.20- 140 being promulgated to govern Florida Keys Areas of Critical State Concern designation for Monroe County. These comments were due to the DCA by January 10, 2010, which necessitated staff sending them without full review by the Board in a public forum. We are requesting the Board review the comments and recommended changes to the DRAFT rule and will send additional comments if directed by the Board. Of particular concern in the DRAFT rule, is the fact that a conflict with the law that was passed last year, specifically, Section 35 and 38 of Chapter 2010-205, Laws of Florida appears to be present. This concern is based on our review of the "Florida Keys Area of Critical State Concern 2010 Removal of Designation Report" (hereinafter referred to as the DCA Annual Report) published by the Florida Department of Community Affairs Division of Community Planning Areas of Critical State Concern Section. Specifically, page 19 which states-. "The design for the Cudjoe Regional facility is complete, but is not expected to be bid out until February, 2011. Funding for the Cudjoe facility has not been identified and assessments have not been levied. The projected cost for the facility is approximately $180 million with connection fees estimated at $23,000 per household. It is unlikely that the County will be able to complete this system by the 2015 deadline. If committed funding is not identified quickly, the County should designate the area as anon -service area and take steps to notify residents of their responsibility to upgrade the existing septic systems and package plants and develop an enforcement program in conjunction with the Department of V_T meait T an1 7 CIO I irn a rneuepar 0 ent vironmental Protection. -1 ne '" unty has agree 1 to schedule an agenda item during the first quarter of 2011 to discuss assessments for the Cudjoe Regional Facility." Section 35 and 38 of Chapter 2010-205, Laws of Florida specifically require the County to implement the Monroe County Sanitary Master Wastewater Plan, which requires a central sewer system. We are unsure as to whether the DCA have consulted with Department of Environmental Protection (DEP) and/or Department of Health (DOH) relative to this issue and have requested they do so, prior to adoption. HISTORY: The Florida Administrative Commission adopted Rule 2 8.20-110 to establish a I 0-Year work program to implement the Florida Keys Areas of Critical State Concern designation in Monroe County. Following a series of workshops and public hearings in 2008, the Florida Department of Community Affairs drafted Rules 28.20-130 and 28.20-140 which will complete the Monroe County Work Program that is required prior to the consideration of de -designation of the Florida Keys from the Area of Critical State Concern program. Adoption of the draft Rules was delayed to allow funding to be identified, which is necessary to complete the State mandated sewer system improvements. The Florida Administrative Commission has determined that sufficient progress has been made to continue the Rule adoption process. The draft Rules are expected to be adopted on May, 17, 2011, becoming effective on July 1, 2011. Attached for review are the draft Rules presently under consideration. Rule 28.20-130 requires the submission of an annual report to the Governor and Cabinet describing progress of the Florida Keys area toward accomplishing remaining tasks under the work program. Rule 28.20-140 focuses on four primary areas: Carrying Capacity, Wastewater Implementation, Wastewater Project Implementation, and Storm water Treatment Facilities, which are summarized as follows. 1. Carrying Capacity issues include: • Establish the variables to run the Florida Keys hurricane model • Run the Florida Keys hurricane model • Modify the annual ROGO allocation based upon the running of the Florida Keys hurricane model. • Establish the Tier Designation Work Group • Preparing updated habitat data • Adopt Tier Maps into the Comprehensive Plan, through policy • Adopt policy related to discouraging increase in density • Apply for land acquisition funding to purchase Tier I and Tier 11 lands, as well as parcels where a Monroe County building permit allocation has been denied for four years or more 2. Wastewater Implementation issues include: • Identify funding for wastewater in the annually Capital Improvements Element of the Comprehensive Plan. • Provide a final determination of cold spots and unfunded service areas requiring upgrade to meet wastewater treatment disposal standards. • Work with owners of wastewater facilities to fulfill the wastewater treatment disposal standards. • Adopt an ordinance establishing the upgrade program with implementation dates,, time frames and enforcement of upgrading on -site systems and package plants. • Annually draft a resolution requesting $50 million of the $200 million of bonds and appropriation of sufficient debt service for those bonds, for the construction of wastewater projects. • Identify areas of the County that will be served by central sewer facilities and the area of the County that will not be served by central sewer facilities. • Provide an annual report of addresses and property appraiser's parcel numbers of any property owner that fails to connect to the central sewer service facility within the required timeframe. This report shall describe the status of enforcement and provide the circumstances of why enforcement may or may not have been initiated. 3. Wastewater Project Implementation identifies specific wastewater facilities that need to be completed or upgraded, which include: • Key Largo Wastewater Treatment Facility • Hawk's Cay, Duck Key and Conch Key Wastewater Treatment Facility • South Lower Keys Wastewater Treatment Facility • Cudjoe Regional Wastewater Treatment Facility 4. Stormwater Treatment Facilities section requires the County to: • Evaluate and allocate funding for stormwater implementation and to identify any funding in the annual update of the Capital Improvements Element of the Comprehensive Plan. • Apply for stormwater grants from the South Florida Water Management District. • Design and construct Mile Marker 17-19 stormwater runoff management improvements along US I through a Joint Participation Agreement with FDOT. • Complete Card Sound Road stormwater improvements. OUNTY o MONROE KEY WEST FLORIDA 33040 (305) 294-4641 Monroe County Board of County Commissioners Office of the County Administrator The Historic Gato Cigar Factory /120 1100 Simonton Street, Suite 205 Key West, FL 33040 (305) 292-4441 — Phone (305) 292-4544 — Fax January 7, 2011 Richard Shine, Esquire State of Florida Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Dear Mr. Shine: BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 Mayor Pro Tem David Rice, District 4 Kim Wigington, District I George Neugent, District 2 Sylvia I Murphy, District 5 We are in receipt of the Draft Rules 28-20.110 and 28-20.140 and appreciate an opportunity to submit comments and requested changes to the rule, prior to the January 10, 2011 deadline. Overall, we have provided comments within this letter, as well as requested rule amendments prior to adoption in underline- strikethrou gh (attached). The comments have been developed without input from our Board of County Commission because of the deadline the Department of Community Affairs established through rule making. Our Board meets January 19, 2011. We will submit any revised comments or additional comments after that date and would appreciate you recognizing any additional comments through the rulemaking process. Generally, it is troubling to us that the DRAFT rule appears to be promoting a conflict with the current law, specifically, Section 35 and 38 of Chapter 2010-205, Laws of Florida. This concern is based on our review of the "Florida Keys Area of Critical State Concern 2010 Removal of Designation Report" (hereinafter referred to as the DCA Annual Report) published by the Florida Department of Community Affairs Division of Community Planning Areas of Critical State Concern Section. Specifically, page 19 which states: Page I of 10 "The design for the Cudjoe Regional facility is complete, but is not expected to be bid out until February, 2011. Funding for the Cudjoe facility has not been identified and assessments have not been levied. The projected cost for the facility is approximately $180 million with connection fees estimated at $23, 000 per household. It is unlikely that the County will be able to complete this system by the 2015 deadline. If committed funding is not identified quickly, the County should designate the area as anon -service area and take steps to notify residents of their responsibility to upgrade the existing septic systems and package plants and develop an enforcement program in conjunction with the Department of Health and the Department of Environmental Protection. The County has agreed to schedule an agenda item during the first quarter of 2011 to discuss assessments for the Cudjoe Regional Facility. " Section 35 of Chapter 2010-205, Laws of Florida specifically require the County to implement the Monroe County Sanitary Master Wastewater Plan, which requires a central sewer system. Statements made within the DCA Annual report, along with several provisions within the rule, outlined in the following comments are specifically troubling and we request DCA amend the DRAFT rule, prior to adoption as follows in the comments below and within the underline- strikethrough version of the rule attached. We are curious as to whether the Department of Environmental Protection and/or Department of Health have reviewed DCAs position or this draft rule relative to this issue and request they do so, prior to adoption. MONROE COUNTY COMMENTS BY DEPARTMENT: COUNTY ATTORNEY: 1) The work program, section (4) (b ), wastewater implementation, items 2-4 and 9-11 of the proposed rule would require Monroe County to violate Chapter 2010-205, Laws of Florida. Florida Statutes require the County to implement the Monroe County Sanitary Master Wastewater Plan, which require a central sewer system. 2) 4th line of 28-20.130(1) in parenthesis refers to Rules 28-20.110 and 28-20.140.... Should that be "through 3) On second page, in Sec. 28-20.140(2)(d) and (e), the proposed language refers to "committed funding.'" The statute does not use that terminology, but uses the language in Sec. 381.0065(4)(1)3, "in areas to be served by central sewer by December 31, 2015, if property owner has paid a connection fee or assessment...." I think that language was used because as a practical matter, even after assessments are made, the assessments alone are not expected to pay the full cost of the public infrastructure - that was why the State authorized the $200,000,000 bonds that have not been issued and no money appropriated. There should be specificity as to what is "committed funding." Is it any funding has been committed, as in assessments have been levied & people are paying them? Or does it mean the full amount of the expected cost has been committed? If the latter, there will not be any permits issued from Lower Sugarloaf through Big 9 Pale 2 of 10 C-D Pine in the foreseeable future, except for properties where owners are willing to pay assessments and pay for a compliant OSTDS and those properties in the more remote areas (presumably those desired not to be developed) which are not slated for central sewer. Subsection (d) adds to the law a requirement that the collection system be under construction and have committed funding, whereas Section 381.0065 (4)(1)3, F.S. or Section 35 of Chapter 2010-205 Laws of Florida require only that the property be connected to a central sewer system or that an assessment has been paid, as a condition of permitting. 4) Under the Work Program, subsection (a), on 4th page, paragraph 11 requires an interlocal MOU to be entered. If the rule is approved in May, 2011, it is most likely that the municipalities and the county will not be able to agree on anything contained therein for a good 6 months. 5) Under the Work Program, subsection (b), paragraph 2, the July 1, 2011 date is extremely unreasonable when it is unlikely that the County will know for sure until May that once again the State is unable to provide any of the funding promised for assistance to complete the WW projects without imposing assessments on remaining properties that will unduly burden about 30% of those property owners by being in excess of five times the amount that federal guidelines have shown to be an economic burden. 6) From that point on, most of the July 1, 2011 dates are unreasonable. 7) Under Wastewater Implementation in subsection (c), most of the deadlines in paragraphs 2 and 4 are physically as well as fiscally impossible. 8) Ditto #6 comment. GROWTH MANAGEMENT: Planning (a) Carrying Capacity Study Implementation 1. By July 1, 20124-, Monroe County shall adopt the conservation planning mapping (the Tier Zoning Overlay Maps and System) into the Comprehensive Plan based upon the recommendations of the Tier Designation Review Committee with the adjusted Tier boundaries, into the Comprehensive Plan Comments: The Land Development Code, Tier Overlay District boundary amendment public hearings are scheduled for adoption by the B OCC on March 22, 2011 and May 4, 2011. It would therefore not be possible to adopt the Tier System into the Comprehensive Plan by July 1, 2011, as appeal periods should be exhausted after tier amendment adoption into the Land Development Code. Therefore Monroe County requests the completion date for adoption of Tier Overlay District Maps be July 1, 2012. 2. By July 1, 2011, Monroe County shall adjust the Tier I and Tier IIIA (SPA) boundaries to more accurately reflect the criteria that Tier as amended by Final Order DCA07-GM 166 Page 3 of 10 C and implement the Florida Keys Carrying Capacity Study, utilizing the updated habitat data,, and based upon the recommendations of the Tier Designation Review Committee Work Group. Comments: The Tier Map Amendments public hearings are scheduled for adoption by the B OCC on March 221, 2011 and May 4, 2011. We would therefore be able to meet this deadline. 3. By July 1, 2012-1, Monroe County shall create Goal 106 to complete the 10 Year Work Program found in Rule 28-20.100 F.A.C. and to establish objectives to develop a build - out horizon in the Florida Keys and adopt conservation planning mapping into the Comprehensive Plan. Comments: Goal 106 has two parts: "establish objectives to develop a build -out horizon in the Florida Keys and adopt conservation planning mapping into the Comprehensive Plan." The draft Rule's associated proposed Objectives and Policies only address conservation planning mapping (draft Objective 106.2 and Policies 106.2.1 and 106.2. 1) and fails to address the requirement for a build -out horizon (There is no recommended language for draft Objective 106. 1 and Policy 106.1.1). As this is an objective Monroe County has processed and transmitted; but did not adopt, this comprehensive plan amendment must be re -initiated with revised policy language and therefore, a deadline of July 1, 2011 is not realistic. We therefore request an additional year to complete this policy. 4. By July 1, 2012-1, Monroe County shall create Objective 106.2 to adopt conservation planning mapping (Tier Maps) into the Monroe County Comprehensive Plan based upon the recommendations of the Tier Designation Review Committee Work Group. Comments: See #a) I above. We request a revision to this date allowing an additional year to complete. 5. By July 1, 20124- , Monroe County shall adopt Policy 106.2.1 to require the preparation of updated habitat data and establish a regular schedule for continued update to coincide with the evaluation and appraisal report timelines. Comment: See above comment. 6. By July 1, 2012-1, Monroe County shall adopt Policy 1062.2. to establish the Tier Designation Work Group Committee to consist of representatives selected by the Florida Department of Community Affairs, from Monroe County, Florida Fish & Wildlife Conservation Commission, United States Fish and Wildlife Service, Department of Environmental Protection and environmental and other relevant interests. (How is "other relevant interests" defined?) This Committee shall be tasked with the responsibility of Tier designation review utilizing the criteria for Tier placement and best available data to recommend amendments to ensure implementation of and adherence to the Florida Keys VIn a Carrying Capacity Study. These proposed amendments shall bI ] e. coincide with the Evaluation and Appraisal report timelines beginning with the second Evaluation and Appraisal review which follows the adoption Pace 4 of 10 of the revised Tier System and Maps as required above adopted in 2012�. Each Eevaluation and Aappraisal Rfeport submitted following the 2011 Ee-valuation and A4ppraisal Rfeport shall also include an analysis and recommendations based upon the process described above. Comment: See above comments regarding the due date. Also, proposed amendment shall be recommended during 2009 and subsequently coincide with evaluation and appraisal reports should be amended to remove reference to the year 2009 already passed. 7. By July 1, 2011 and each July thereafter, Monroe County and Monroe County Land Authority shall submit a report annually to the Administrative Commission on land acquisition funding and efforts in the Florida Keys to purchase Tier I and Big Pine Key Tier 11 lands and the purchase of parcels where a Monroe County building permit allocation has been denied for four (4) years or more. The report shall include an identification of all sources of funds and assessment of fund balances within those sources available to the County and the Monroe County Land Authority. Comment: This is a Monroe County Land Authority issue and is typically completed each year. 8. By July 1, 2012�, the Monroe County shall adopt Land Development Regulations to require that administrative relief in the form of the issuance of a building permit is not allowed for lands within the Florida Forever targeted acquisition area or Tier I lands unless, after 60 day from the receipt of a complete application for administrative relief, it has been determined the parcel will not be purchased by any county., state, or federal or any private entity. The County shall develop a mechanism to routinely notify the Department of Environmental Protection of upcoming administrative relief requests at least 6 months prior to the deadline for administrative relief. Comment: This is a LDC text amendment that has to be processed though the DRC, Planning Commission and BOCC. The associated Comp Plan amendment has been adopted. However, additional time is needed to adopt these requirements into the Comprehensive Plan. 9. By July 1, 2012-1, in order to implement the Florida Keys Carrying Capacity Study, Monroe County shall adopt a Comprehensive Plan Policy to discourage private applications for future land use changes which increase allowable density/intensity. Comment: A recommended policy was transmitted to DCA that excluded Ocean Reef. DCA objected to this exclusion, citing the use of Card Sound Road as a hurricane evacuation route. Ocean Reef continued to object to this policy, so the BOCC decided not to adopt it. If Ocean Reef is able to resolve their building cap and exclusion issues, then we should be able to proceed with this amendment without further challenges. Policy language should be developed to address the definition of the word discourage. Further consideration should be given for whether it is appropriate to allow "transfer" of allocated density from one site to another within sub -areas to provide for appropriate planned development, without increasing the overall number of units permitted by the Future Land Use Map. Page 5 of 10 10. By July 1, 2011, Monroe County shall evaluate its land acquisition needs and state and federal funding opportunities and apply annually to a least one state or federal land acquisition grant program. Comment: This is a Monroe County Land Authority issue and is done annually. 11. By July 1, 2012-1, Monroe County shall enter into a memorandum of understanding with the Department of Community Affairs , Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony Beach, and Layton after a notice and comment period of at least 30 days for interested parties. The memorandum of understanding shall stipulate, based upon professionally acceptable data and analysis, the input variables and assumptions., including regional considerations, for utilizing the Florida Keys Hurricane Evacuation Model or other models acceptable to the Department to accurately depict evacuation clearance times for the population of the Florida Keys. Comment: As the recent Ewing study revealed, the variables of Evacuation Traffic Flow Rates, Occupancy, and Response to an Evacuation Order all affect the results of the evacuation model. These variables are still being debated by the professionals. In addition postponing this to 2012 would also allow the application of 2010 census data and evaluation of the Regional Model, resulting in more accurate recommendation. 12. By July 1, 2012�, the Florida Keys Hurricane Evacuation Model shall be run with the agreed upon variables from the memorandum of understanding to complete an analysis of maximum build -out capacity for the Florida Keys Area of Critical State Concern, consistent with the requirement to maintain a 24-hour evacuation clearance time and the Florida Keys Carrying Capacity Study constraints. This analysis shall be prepared in coordination with the Florida Department of Community Affairs and each municipality in the Keys. Comment: See above comment for Section 11. 13. By July 1, 2012-1, gie Monroe County and the Department of Community Affairs shall update the data for the Florida Keys Hurricane Evacuation Model as professionally acceptable sources of information are released (such as the Census, American Communities Survey, Bureau of Economic and Business Research, and other studies). ' Monroe County shall also evaluate and address appropriate adjustments to the hurricane evacuation model within each Evaluation and Appraisal Report. Comment: See above comment for Section 11. This language is very similar to Sections 11 and 12 and could possibly be incorporated into those sections. 14. By July 1, 2012-1, the Department of Community Affairs shall apply the derived clearance time to assess and determine the remaining allocations for the Florida Keys Areas of Critical State Concern. The Department will recommend appropriate revisions to the Administrative Commission regarding the allocation rates and distribution of allocations to Monroe County, Marathon,, Islamorada, Key West, Layton, and key Colony Pale 6 of 10 C� Beach or identify alternative evacuation strategies that support 24 hour evacuation clearance time. If necessary, the Department of Community Affairs shall work with each local government to amend the Comprehensive Plans to reflect revised allocation rates and distributions or propose rule making to the Administrative Commission. Comment: See above comment for Section 11. Development Management (ROGO Manager} �n 9 (a) Carrying Capacity Study Implementation 8. By July 1, 2011, Monroe County shall adopt Land Development Regulations to require that administrative relief in the form of the issuance of a building permit is not allowed for lands within the Florida Forever targeted acquisition areas or Tier I lands unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined the parcel will not be purchased by any county, state or federal or any private entity. The County shall develop a mechanism to routinely notify the Department of Environmental Protection of upcoming administrative relief requests at least 6 months prior to the deadline for administrative relief. Comment: Florida Forever should not be a requirement for land acquisition, since property owners can opt out of the program. There is also the issue of continued funding for Florida Forever. In addition, we do not know if our Florida Forever information is current and how often is the list updated for our records. More than 60 days is needed to determine if a property is to be purchased. At least 180 days is needed to allow time to for review.) site visits, reports, advertise, schedule to BOCC, etc. Land Development Authority Comments: The Land Development Authority is already coordinating with the Department of Environmental Protection regarding administrative relief requests. In most cases the Tier I boundary will be the same as the Florida Forever boundary. "After 60 days" can be interpreted to mean "as long as it takes to make the determination, but no sooner that 60 days." PROJECT MANAGEMENT (4) WORK PROGRAM (b) Wastewater Implementation The work program, section (4)(b), wastewater implementation, items 2-4 and 9-11 of the proposed rule would require Monroe County to violate Chapter 2010-205, Laws of Florida. Florida Statutes require the County to implement the Monroe County Sanitary Master Wastewater Plan,, which require a central sewer system. 2. ...provide final determination of cold spots and unfunded service areas... The requirement to identify "cold spots" is part of an ongoing review aimed at providing cost effective improvements in wastewater treatment. No such "final" determination is appropriate Page 7 of 10 since as design work proceeds and development occurs, inclusion of former "cold spot" areas into central systems may become feasible. 4. By 8/1/2011 adopt an ordinance establishing ....and enforcement for onsite systems and package plants... As stated earlier in the rule (policy 101.2.13(i), wastewater treatment and disposal standard for Monroe County are established by statutory requirements of s. 381-0065(4), F.S., and s. 403.086J1O), F.S. FDEP and the DOH are the enforcement authorities for wastewater disposal requirements. The County need not duplicate the statutory requirements in its local ordinances and does not have the resources to provide enforcement of those requirements. 9. Delineate central service areas by resolution Characterizing areas in which the central systems are unfunded as non -service areas creates the three problems: the difficulty of constructing, maintaining, and operating many single property advanced wastewater treatment systems; the increased inspection and enforcement burden of having many distributed systems rather than one central system; and, the added expense of constructing and maintaining many distributed systems. Identifying the unfunded areas as non - service areas may effectively end efforts to provide efficient, effective treatment in those areas and increase the costs of compliance monitoring with no corresponding improvement in wastewater treatment. The Department of Environmental Protection and the Department of Health should be consulted about the benefits of a central system compared to separately managed individuals systems. The County believes that a centrally managed system will provide a greater long term benefit, even if delayed by funding challenges, than earlier implementation of individual systems. The overall cost of individual systems will be about the same as one central system. The difference is whether the mandate for funding is levied through the County or directly on individual property owners. Individual systems will incur additional costs of compliance and inspection as well as degraded performance since it is impossible to ensure 10,000 separate systems are operated and maintained at peak efficiency. (10) & (11) These paragraphs make the County the primary enforcer on individuals system upgrades and the FKAA the primary operator of individual systems. In addition to the above concerns about the efficacy of individuals systems in meeting water quality objectives, neither the FKAA or the County has the resources to provide enforcement functions delegated by statute to the FDEP and FDOH. In addition,, the U.S.E.P.A. is currently reviewing the Florida Keys Reasonable Assurance Plans for the County for use as the nutrient criteria limits for the County. These plans, generally accepted as the best plan for nutrient reductions in the County's waters, adopt the use of central facilities as the basis for the limits. This may result in later imposition of central treatment to replace individual 2015 compliant systems with the corresponding doubling of the cost to property owners. Pale 8 of 10 C� (2) Wastewater Project Implementation 2. Hawks Cay WWTP a. By July 1, 2011 complete construction of Hawks Cay WWTP upgrade/expansion and collection system; Comment: This date is not feasible but both are under construction and will be completed by 2015. The dates should be revised to reflect the construction schedule as shown below: By March 1, 2012, Monroe Count y shall complete construction of Hawk's Cay WWTP upgrade/ex pansion-; tfansmV.S.Slen, and Gelleetien 2t2�tm; and b. By. July 1, 2013, Monroe County shall complete construction of Duck Key collection system; and, c. By March 1, 2012, Monroe County shall initiate property connections to Hawk's Cay WWTP; an d. By December 31, 2012, Monroe County shall complete 50% of hook-ups to Hawk's Cay WWTP; 4. Cudjoe Regional — The tasks for this section are outdated (plant no longer proposed to be constructed in two phases) and incorrect; corrected design/construction tasks and estimated completion dates, which are contingent upon obtaining state or federal subsidy are as follows: Design and Construction schedule for Cud'0 eTo nal 'onal System is contingent upon receipt of State or Federal 1" 1—_g fundino, assistance; a. By July 1, 2011, Monroe County shall complete planning and design documents for the Cudjoe Regional Wastewater Treatment Facility, the Central Area (Cudjoe, Summerland and Upper Sugarloaf) Collection System and the Central Area Transmission Main. ( Plant is not being designed and/or constructed in phases.) and By January 2012 Monroe County shall complete design and planning for Outer Area (Lower Sugarloaf, Torches, Ramrod, Big, Pine Key) Collection System and Transmission Main. b. By October 1. 2011 Monroe County shall initiate construction of the wastewater treatment plant, the Central Area Collection System and Central Area Transmission Main, ), and c. By July 1, 2014 Monroe County shall complete construction of Wastewater Treatment, Central Area Collection System and Central Area Transmission Main. ; and d. By February 2012 Monroe County shall initiate construction of the Outer Area Collection System and Transmission Main and e. By February 2015, Monroe County shall complete construction of Outer Area collection system and transmission main; and f._By July 1, 2014, Monroe County shall initiate property connections — complete 25% of hook-ups to Cu Regional WWTP: and cr. By July 1, 2015, Monroe County shall complete 50% of hook-ups to Cudjoe Regional WWTP; and h. By December 2015, Monroe County shall complete remaining hook-ups to Cudloe Regional WWTP (d) Stormwater Treatment Facilities Page 9 of 10 4- The JPA with FDOT was cancelled and the storm water improvements were included in FDOT's road improvement project that is scheduled to begin in 2011. This update was included in the revised rule wording. RECOMMENDATION Attached is a copy of the draft Rule with underline and strikethrough changes recommended by Monroe County. Since n Xce G te oman astesi Monroe County Administrator CC: Suzanne Hutton, County Attorney Christine Hurley, Growth Management Division Director Kevin Wilson, PE, County Engineer Geof Mansfield , Deputy Secretary for Regulatory Programs, DEP Jim Quinn, Program Administrator, Florida State Clearing House and Comprehensive Plan Review, DEP Gus Rios, FDEP Marathon Office Jon 1glehart, Director of the South District Office, DEP Gerald Briggs, Bureau Chief, Bureau of Onsite Sewage Programs, DOH Robert Eadie., Administrator, Monroe County Health Department, DOH Page 10 of 10 Z> Notice of Proposed Rule ADMINISTRATION COMMISSION Rule No.: RULE TITLE 28-20.130: Work Program Administration 28-20.140: Comprehensive Plan PURPOSE AND EFFECT: Proposal to adopt revised rules for Monroe County Work Program Administration and Comprehensive Plan to implement the Section 380.0552(4), Florida Statutes, annual reporting requirement to the Administration Commission describing the progress of Monroe County in accomplishing the remaining tasks under the Work Program as set forth in Rule 28-20.110, F.A.C, that are necessary prior to the removal of the Florida Keys Area of Critical State Concern designation. SUMMARY: The proposed rules for the Monroe County Comprehensive Plan identify the individual Work Program tasks set forth in Rule 28-20.110, F.A.C., and the completion dates of the Work Program tasks necessary for consideration by the Administration Commission prior to Removal of the Area of Critical State Concern Designation. As required by Section 380.0552(4), Florida Statutes, the Work Program tasks specified in Administration Commission rules must be reported annually. The protection of the natural environment of the Florida Keys, and the identification of and progress in accomplishing the tasks under Work Program (as set out in Rule 28-20.1 M F.A.C.) is reported to the Department of Community Affairs for the preparation of a written annual report to the Administration Commission. The Work Program tasks include the continued implementation of the Wastewater Master Plan and the construction of wastewater treatment and collection facilities; the continued implementation of the Florida Keys Carrying Capacity Study; the identification and completion of stormwater projects; and the analysis of hurricane evacuation issues in the Florida Keys. SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Costs has been prepared. Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice. SPECIFIC AUTHORITY: 380.0 9 380.05(22) FS. LAW IMPLEMENTED: 380.0552 FS. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATEJIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD): DATE AND TIME: January 10, 2011, 10:00 A.M. PLACE: Department of Community Affairs, 2555 Shumard Oak Boulevard, Room 305, Tallahassee, Florida 32399- 2100. A SECOND POST LEGISLATIVE RATIFICATION HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW. DATE AND TIME: May 17, 2011, 9: 00 A.M. PLACE: Cabinet Meeting Room, Room LL03, The Capitol, Tallahassee, Florida Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Barbara Powell, Planning Analyst, Department of Community Affairs, 2555 Shurnard Oak Boulevard, Tallahassee, Florida 32399-2100, Telephone (850) 922-1782. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Powell, Planning Analyst, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, Telephone (850) 922-1782. THE FULL TEXT OF THE PROPOSED RULE IS: 28-20.130 Work Program Administration. 1 Pursuant to Section 380.0552(4) ara ra h b the Department of Community Affairs shall submit a written annual report to the Administration Commission on, November 30, 2011 and each year thereafter, until such time as the designation is removed, describing the progress of the Florida Keys Area toward accomplishing remainingtasks under the work program as set out in Rules 28-20.110 and 28-20.140, F.A.C.), the fulfillment of the legislative intent and providing a recommendation as to whether progress toward accomplishing the tasks of the work program has been achieved. 2 The Department of Community Affairs shall recommend to the Administration Commission the removal of designation when the removal of designation criteria of s. 380.0552(4), F.S., is achieved. (3) For each water quality task in the work program, the Department of Community Affairs shall request appropriate federal, state, regional, and local agencies to contribute any relevant data, analysis and recommendations, and to take an active role in assisting the County in completing the task. Each agency shall prepare a section to be included in the Department's report which indicates the agency's actions relative to the work program. The Department of Community Affairs shall specifically request that the Florida Keys National Marine Sanctuary Water Quality Protection Program Steering Committee Water Quality Steeringr Committee take an active role in coordinating relevant local, state and federal agencies to allocate funding or provide staff to monitor nearshore waters, as necessary, for nutrient reductions. RulemakingAuthority 380.0552(9), 380.05(22), FS. Law Implemented 380.0552, FS. History -- New 28-20.140 Comprehensive Plan. 0) The Monroe County Comprehensive Plan Policy Document, as the same exists on January 1, 2011, is hereby amended to read as follows: 2 Policy_ 101.2.13 Monroe County Work Program Conditions and Objectives. a Monroe County shall establish and maintain a Permit Allocation System for new residential development. The Permit Allocation System shall supersede Policy 101.2.1. b) The number of Dermits issued annually for residential development under the Rate of Growth Ordinance shall not exceed a total annual unit cap of 197, Dlus anv available unused ROGO allocations from a previous ROGO year. Each year's ROGO allocation of 197 units shall be split with a minimum of 71 units allocated for affordable housingin n perpetuity and market rate allocations not to exceed 126 residential units per year. Unused ROGO allocations may be retained and made available only for affordable housing and Administrative Relief from ROGO year to ROGO year. Unused allocations for market rate shall be available for Administrative Relief. Any unused affordable allocations will roll over to affordable housinLy. A ROGO vear means the twelve-month period be2innim on July 13. (c) This allocation represents the total number of allocations for development that may. be issued during a ROGO year. No exemptions or increases in the number of allocations may be allowed, other than that which may be expressly provided for in the comprehensive plan or for which there is an existing agreement as of September 27 2005. for affordable housin Ly between the Department and the local Lyovernment in the critical areas. (d) Allocations and permits to construct a new development or redevelopment that requires a modification or a repair to the onsite sewage treatment and disposal system, per Section 381.0065(4), F.S. and Rule 64E-6. F.A.C., shall not be issued unless the unit is connected to or will be connected to a central sewer system that has eermi:n4ted a e0fistr-Hetion 4afn the Depai.-�fiqefit of Efiyifenmeptal Pf:eteetiea and the ealleetiee sys�.elffi.. iS andef eepsq:ue+ioFt--or the unit has an onsite sewage treatment and disposal system that meets the treatment and disposal requirements of s. 381.0065(4), F.S. (e) Through the Permit Allocation Systems, Monroe County shall direct new growth and redevelopment to areas served by a central sewer system that has committed funding, a construction permit from the Department of Environmental Protection and is physically under construction. Prior to the ranking and approval of awards for an allocation authorizing development of new principal structures, Monroe County, shall coordinate with the central wastewater facility provider and shall increase an applicant's score by four points for parcels served by a collection line within a central wastewater facility service area where a central wastewater treatment facility has been constructed that meets the treatment standards of s. 403.08600), F.S., and where treatment capacity is available. The points shall only be awarded if a design permit has been issued for the collection system and the parcel lies within the service area of the wastewater treatment facility. (f) Beizinning November-30, 2011, Monroe County and the Department of Community Affairs shall annually report to the Administration Commission documenting the degree to which the work program objectives for the work program year have been achieved. The Commission shall consider the findings and recommendations provided in those reports and shall determine whether progress has been achieved. If the Commission determines that progress has not been made, the unit cap for residential development shall be reduced by at least 20 percent for the following ROGO year. (R) If the Commission determines that progress has been made for the work program year, then the Commission may restore the unit cap for residential development for the following year up to a maximum of 197 allocations -per ROGO year. (h) Notwithstanding any other date set forth in this plan, the dates set forth in the work program shall control where' conflicts exist. 0) Wastewater treatment and disposal in Monroe County is governed by the requirements of s. 381.006 F.S. and s. 403.08600), F.S. Nothing in this rule shall be construed to limit the authority of the Department of Environmental Protection or the Department of Health to enforce s. 381.0065(4). F.S., and s. 403.086(10), F.S. 3)Policv 216.1.19. Hurricane Modelin For the purposes of hurricane evacuation clearance time modeling purposes, clearance time shall begin when the Monroe County Emergency Management Coordinator issues the evacuation order for permanent residents to evacuate during a Category C-E event. The termination point shall be U.S. Highway Qne and the Florida Turnpike in Homestead/Florida City, (4) WORK PROGRAM. Local government annual tasks to achieve progress are the remaining tasks of the Work Program that oriLyinate from Rule 28-20.110., F.A.C. Hurricane Evacuation tasks from Year 8, Task 0 of the Work Program in Rules 28-20.110, and 28-20.140, F.A.C. Carrying Capacity & Habitat Protection tasks from Year 6, Task C; and Year 81 Task F of the Work Program in Rule 28-20.110, F.A.C. Wastewater tasks from Year 4, Task A. Year 6. Task A: Year 7. Task A: Year 9 Tasks A and B: and Year 10, Tasks A. B. C. D. and E of the Work Projzram in Rule 28-20.110, F.A.C. Water Quality tasks from Year 8, Task M of the Work Program in Rule 28- 20.110, F.A.C. (a) Carrying Capacity Study Implementation. 1. By July 1, 20124-, Monroe County shall adopt the conservation planning mapping (the Tier Zoning Overlay Maps and System) into the Comprehensive Plan based upon the recommendations of the Tier Designation Review Committee with the adjusted Tier boundaries, into the Comprehensive Plan. 2. By July 1, 20124-, Monroe County shall adjust the Tier I and Tier IIIA (SPA) boundaries to more accurately reflect the criteria for that Tier as amended by Final Order DCA07-GM 166 and implement the Florida Keys Carrying Capacity Study, utilizin the he updated habitat data, and based upon the recommendations of the Tier Designation Review Committee Work Group. 3. By July 1, 20124-, Monroe County shall create Goal 106 to complete the 10 Year work Program found in Rule 28-20.110 F.A.C., and to establish objectives to develop a build -out horizon in the Florida Keys and adopt conservation planning mapping into the Comprehensive Plan. 4. By 1, 20124-, Monroe County shall create Objective 106.2 to adopt conservation planning mapping Tier Maps) into the Monroe Comprehensive Plan based upon the recommendations of the Tier Designation Review Committee. Work Group. 5. By July 1 2012+Monroe County shall adopt Policy 106.2.1 to require the preparation.of.qpdated habitat data and establish a regular schedule for continued update to coincide with evaluation and appraisal report timelines. 6. By July 1, 2012+, Monroe County shall adopt Policy 106.2.2 to establish the Tier Designation Work Group Review Committee to consist of representatives selected by the Florida Department of Community Affairs from Monroe County, Florida Fish & Wildlife Conservation Commission United States Fish & Wildlife Service, Department of Environmental Protection and environmental and other relevant interests. This Committee shall be tasked with the responsibility of Tier designation review utilizing the criteria for Tier placement and best available data to recommend amendments to ensure implementation of and adherence to the Florida Keys Carrying Capacity Study. These proposed amendments shall subsequently coincide with the Evaluation and Appraisal report timelines be ig nning with the second Evaluation and Appraisal review which follows the adoption of the revised Tier System and Maps as required above adopted in 2011. Each evaluation and appraisal report submitted following the 2011 Eevaluation and A -appraisal Rfe ort shall also include an analysis and recommendations based upon the process described above. 7. By July 1, 20124- and each July thereafter, Monroe County and the Monroe County Land Authority_ shall submit a report annually to the Administration Commission on the land acquisition funding and efforts in the Florida Keys to purchase Tier I and Big Pine Key Tier II lands and the purchase of parcels where a Monroe County building permit allocation has been denied for four (4) years or more. The report shall include an identification of all sources of funds and assessment of fund balances within those sources available to the County and the Monroe County Land Authority. 8. By July 1, 20124-, Monroe County shall adopt Land Development Regulations to require that administrative relief in the form of the issuance of a building_ permit is not allowed for lands within A....ifien areas -of Tier I lands unless after 60 days and no more than 180 days from the receipt of a complete application for administrative relief, it has been determined the parcel will not be purchased by any county, state or federal or any private entity. The County shall develop a mechanism to routinely notify the Department of Environmental Protection of upcoming administrative relief requests at least 6 months prior to the deadline for administrative relief. 9. By July 1, 20124, in order to implement the Florida Keys Carrying Capacity Study, Monroe Cout�shall adopt a Comprehensive Plan Policy to discourage private applications for future land use changes which increase allowable density/intensity. 10. By July 1 2012-1Monroe County shall evaluate its land acquisition needs and state and federal fundin opportunities and apply annually to at least one state or federal land acquisition grant program. 11. By Jul' 1, 20124-, Monroe County shall enter into a memorandum of understanding with the Department of Community Affairs, Division of Emergency Management, Marathon, Islamorada Key west, Key Colony Beach, and Layton after a notice and comment period of at least 30 days for interested parties. The memorandum of understanding shall stipulate, based on professionally acceptable data and analysis, the input variables and assumptions, including regional considerations, for utilizing the Florida Keysicane Evacuation Model or other models acceptable to the Department to accurately depict evacuation clearance times for the population of the Florida Keys 12. By July 1 20124-the Florida Key s Hurricane Evacuation Model shall be run with the agreed upon variables from the memorandum of understanding to complete an analysis of maximum build -out capacity for the Florida Keys Area of Critical State Concern, consistent with the requirement to maintain a 24-hour evacuation clearance time and the Florida Keys Carr in Capacity Study constraints. This analysis shall be prepared in coordination with the Department of Community Affairs and each municipality in the Keys. 13. By July 1, 20124-, g4e Monroe County and the Department of Community Affairs shall update the data for the Florida Keys Hurricane Evacuation Model as professionally acceptable sources of information are released (such as the Census. American Communities Survev. Bureau of Economic and Business Research, and other studies). The Monroe County shall also evaluate and address appropriate adjustments to the hurricane evacuation model within each Evaluation and Appraisal Report. 14. By July 1, 2012-t, the Department of Community Affairs shall apply the derived clearance time to assess and determine the remaining allocations for the Florida Keys Areas of Critical State Concern. The Department will recommend appropriate revisions to the Administration Commission regarding the allocation rates and distribution of allocations to Monroe County, Marathon, Islamorada, Key west, Layton and Key Colony each or identify alternative evacuation strategies that support the 2:4 hour evacuation clearance time. If necessary, the De artment of Community Affairs shall work with each local government to amend the Comprehensive Plans to reflect revised allocation rates and distributions or propose rule making .to_the Administration Commission. (b) wastewater Implementation. 1. By July 1 2011 Monroe County shall annually evaluate and allocate funding for wastewater implementation. Monroe County shall identify any funding in the annual update to the Ca ital Improvements Element of the Comprehensive Plan. 2. By jully 1 N! 1., Monroe County shall pri-ovide a final determination of eold spets an4 unfunded sef: "Ieft's ., 1 201:3, Menfee Coanty shall vvefk with the owners of wastewater- f4eilifies and thf-eulahout the tr nt�r #he� na nrt■�sflsft r�� HealthIll-RILui nrt► e Dnr-ttYZartit r� ra r�[aYrrtir►t71aY9tnl Hill the �r ' of s /1 Q6f 1 n> and. 29 1 rin65(4 )i l � !� - ry rirliri _rw.-tcto■��n r-, w, systems --that will not meet--� J1 . UAR y lk t I Fg, u s t I Z� 10 11 A 4ppr-E)e County shall adept an- efdinanee establishifl.01 thP VfE)Agrr-ai::fl with -52. By July 1 2011 Monroe County shall annually draft a resolution requesting the issuance of $50 million of the $200 million of bonds authorized under s. 215.619 F.S . and an appropriation of sufficient debt service for those bonds, for the construction of wastewater projects within the Florida Keys. 63. By July 1, 2011, Monroe Count v shall develop a mechanism to provide accurate and timely information and establish annual funding allocations necessary to support the issuance of bonds authorized under s. 215. F.S., and to assure the timely completion of work as necessary to fulfill any terms and conditions associated with bonds. -74. By July 1, 2011, Monroe County shall evaluate its wastewater needs and state and federal funding opportunities and apply annually to at least one state or federal grant program for wastewater projects and connections. .95. By July 1, 2011, Monroe County shall develop and implement local funding programs necessary to timely fund wastewater construction and future operation, maintenance and replacement of facilities. Q Qy 11111, 1 2()! 1. jEjonti&z 1:14, C- -t!'' pa C-�4-nI3� L I I -Y IL./ I - 101 L4 I I L I I %,1,401 u 6 an th e ai-eas of the..-, V? %_4 L I L that wi4-1�e sef WA"P f eentiFal 1aeflities sefkliele afeas") afld �he ai-eas of the Gounty that lryd! not be set:ve,.. 4-Fal sewa,gls%-Ii ties ("flon "..."as The non ai-eas sliall be delineated in the fofni of" 10. By LlIA, 1 2013, the Depar-tment (444ealdi. Moiifoe GoLinty. afld the County It s waslew+4ef pfovidef:sIjA 01 deN,elev afidi exeeuke,* Hn, lfl11,.eFI()eaIaIgr-eefnent f-ef- nen see.-H.N.- and unfunded sefyiK." The-atixfeemefit shall addr-.e.ss meehanisms t4 the FKAA ot- othef and eentfal j:papa�,Lenief+t of efis4e sewaLxe. fi-eatf:nent afild dfilLsIpOls?"all sys4ei:ns legated in noii Lavfeas and uii4tfided sef:vice ai-eas. The ReAh and OHIH- Pt?p rzti:nent ef Protection will pv� Cl 1 0 vide an fepeff to the Depai-tf:ne-nt of Comfflunit aji+a�gxnitudle of flon compliance and enfor-eement meehafiisfiis AffaiFS no latef than 2013, C!C!al-xz I neee,.,... ensai-e Hpg,-A�Aes of wasteNvater- tf:eatmefit t;aeilities J- --fAanee swith Seetion 403.086(1�4 and 9 1.004 V=i 11. By july 1, 2013, and eaeli itily thefeaf4ef the Getjfl�y S14;411 n4-6 3v .3 ide a feiget:t of addresses afid IILIJAH%,1PIF p%l appf par -eel n ufiiber-s Of fopefty ()Wflef that fails OF fet:USeS to cofineet to the eenti-al seweF fagility within k- the i-e-,gj,UiHHad t4nefi-anje to the Wnf-oe County Heeajdi DepaAment, gepaFtmept of EnviFant:nentaj Devaj-ti:nefit of Com Afl�aifs. This fevet:t shall deset:ibe the stattis ofe4arzeefneflt aetion-and qt:evide the _.h. , e...Eweement may of: 1:fliay flo! have been initiated. The Mgfwoe CoLinty Depaftment of Health and Depai-tfiient ef Commun4j, Aff-aiFLS ffla�, pr-eeeed with enf-efeement as neeessaFy and appr- ,(c) Wastewater Project Implementation. .1. Key Larizo Wastewater Treatment Facility. Key Largo Wastewater Treatment District is responsible for wastewater treatment in its service area and the completion of the Key Lggo-Wastewater Treatment Facilit a. By July 1, 2011, Monroe County shall complete construction of the South Transmission Line-, and b. By July 1, 2011, Monroe County shall complete design.of Collection basin C, E, F, G, H, 1. J. and K, and c. By d. By e. By f. By July July July July 1, 2011, Monroe County shall complete construction of Collection basins E-H-, and 1, 2011, Monroe County shall schedule construction of Collection basins I-K-, and 1, 2011, Monroe County shall complete construction of Collection basins I-K; and 1, 2011, Monroe County shall complete 50% of hook-ups to Key Largo Regional WWTP; ,g. By July 1, 2012, Monroe County shall complete 75% of hook-ups to Key Largo Regional WWTP-, and. h. By July 1, 2013, Monroe County shall complete all remaining connections to Key Largo Regional WWTP. 2. Hawk's Cay, Duck Key and Conch Key Wastewater Treatment Facility. Ildx, I a. Byl "I 1 1 :---N j I March 1, 2012, Monroe County shall complete construction of Hawk's Cay WWTP upgrade/expansion, transmission, and collection system; and b. By July 1,..-2-0� 20J.3, Monroe County shall complete construction of Duck Key collection system; and c. By J�i ly 1 March 1 Monroe County shall initiate property connections to Hawk's Cay WWTP; and _2.0_12, d. By h±bt4,-December 31, 2012, Monroe County .shall .complete 50%© of hook-ups to Hawk's Cay WWTP-, and e. By July 1, 2013, Monroe County shall complete 75% of hook-ups to Hawk's Cay WWTP; and f. By July 1, 2014, Monroe County shall complete all remaining connections to Hawk's Cay WWTP. 3. South Lower Keys Wastewater Treatment Facility (Big, Coppitt Regional System). a. By July 1, 2012, Monroe County shall complete 75% hookups to South Lower Keys WWTP; and b. By July 1, 2013, Monroe County shall complete all remaining connections to the South Lower Keys WWTP. 4. Cudjoe Regional Wastewater Treatment F g Design and Construction schedule for Cudjoe Regional. S ,in(yent upon receipt of State or Federal 1- 1. _ = . ... stem is cont l'undino assistance; a. By July 1, 2011, Monroe County shall complete planning and design documents for the Cudjoe Regional Wastewater Treatment Facility, the Central Area (C,u.djoe. Summerland and U,ppej-.,.Su a arl oaf) Collectioji...System and f:Hfn etion Ss the Central Area Transnilssion Main. 4+*- Phases()A-AITP-; aa filAd eolle Plant is not beingjesianed and/or constructed in phases.) and By Jan,u.ary 2012.Monroe County shall coniplete design and planning for Outer Area (Lower Sugarloaf, Torches. Ramrod, Bity Pine Key)Collection Sy.stern and Transmission Main. b. By jiik, October 1. 2011 Monroe Countv shall initiate construction of the wastewater tread -rent plant. the I LAte Central Area Collection S stein and Central Area Transmission Main: 1, 20j2..M(.)Hi-oe e"Ife- ­YS , tem geflstfuetion of Alastewatef Tr-eqtfflent Plant Phase I and eel S 1 is the al W-W-Tp e0fis4ftietion to t+edt flows, I�Oizfi a eefitt:a! 6011eetion ar- is and c. By Julv 1, 201-24 Monroe Countv shall corni.)lete construction of Wastewater Treatment, Central Area 6-1 Collection S I " I A IL L X L %IIX11"fision to stern and Central Area Transajission Main. Plant Phase 2 (12.1hass.) 2 is the plwnnod WW VR)Nlide additional eapaeAly to _treat R•ews 40,ffi th%%W.-I-LIN ded eolleetion !jf�; and d. By.Y111, 2013 February 20 12 Monroe County shall e+4i+p4ete initiate construction of the Outer Area Collection System and Transmission Main o !'W astew atet: Tr-eatit PlaRt Phr -; and e. B y J 1 2 ;-0 13 February 2015, Monroe County shall complete construction of Outer Area eefA collection fiflesrsystein and transmission main; f. By July 1, 201--44, Monroe County shall initiate property connections — complete 25% of hook-ups to Cudjoe Reaional WWTP a ,. By July 1, 2015-2, Monroe County shall complete 50% of hook-ups to Cudjoe Regional WWTP; h. By eceniber 2015 To k ,, I ')(I Monroe County shall complete 755-4 otfrernajnjnL� hook-ups to Cudjoe Regional WWTP--.-c- . wa� " Q 6, o-; ITP. 1 aa-1 Xlk%-1 LI EI 71 IF Ir R­ I-xiia-Y 1. 2015, Monrzoe County shll. ll j-efpining gonneetions to G_ t A, E I OffiAl ur%A .. ............ .. (d) Stormwater Treatment Facilities. 1. By Julv 1. 2011. Monroe Countv shall evaluate and allocate funding for stormwater implementation. Monroe County shall identify any funding in the annual update to the Capital Improvements Element of the Comprehensive Plan. 12. By July 1, 2011, Monroe County shall apply for stormwater grants from the South Florida Water Management District. ()He thI-()U all j Oilit Pai FflfifiageniefiL 1111LJI-,I j L.4L I --, I JL L. J Li"Llon A.�rfeement Iry ALIA _& IDOT. JPA with FDOT was cancelled in 2009, stori-nwater imm,ovements at MM 17-19 will be completed as vart of FDOT road roiect: construction to becrin in April 2011. 4. By July 1, 2011, Monroe County shall complete Card Sound Road stormwater improvements. Rulemaking Authority. 3,80.0552(9), 380.05(22), FS. Law Implemented 380.0552, FS. History_— New NAME OF PERSON ORIGINATING PROPOSED RULE: Jerry McDaniel, Secretary, Administration Commission. NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Administration Commission. DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 7,2010 DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 26, 2008 and February 6, 2009.