Resolution 087-2016 .. r 4 rQ
Mayor Carruthers
RESOLUTION NO. 087-2016
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA EXPRESSING ITS CONCERN
OVER THE THREAT FLORIDA POWER & LIGHT COMPANY'S
TURKEY POINT FACILITY'S COOLING CANAL SYSTEM POSES
TO MONROE COUNTY'S SOURCE OF POTABLE WATER AND
BISCYANE BAY; EXPRESSING A DESIRE TO WORK
COOPERATIVELY WITH MIAMI-DADE COUNTY AND OTHER
AGENCIES WITH JURISDICTION TO PROTECT THE FLORIDA
KEYS POTABLE WATER SUPPLY; ENCOURATING THE
FLORIDA KEYS AQUEDCUT AUTHORITY TO TAKE ALL STEPS
NECESSARY TO PROTECT ITS WELLFIELDS IN FLORIDA
CITY; DIRECTING THE CLERK TO DISTRIBUTE THE
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Monroe County is the southernmost county in the State of Florida and
home to the world renown Florida Keys; and
WHEREAS, Monroe County shares a common boundary with Miami-Dade County
which is approximately 152 miles' long; and
WHEREAS, the Florida Keys is home to approximately 75,000 full time residents plus
several thousand part time residents many of whom reside full time in Miami-Dade County; and
WHEREAS, the Florida Keys Aqueduct Authority (FKAA) is the public entity created
by the Legislature" which has been vested with the responsibility for providing potable water to
residents and businesses in the Florida Keys; and
WHEREAS, the FKAA draws potable water primarily from the Biscayne Aquifer
through a wellfield located west of Florida City"`within Miami-Dade County; and
WHEREAS, Florida Power& Light Company(FPL) is the third-largest electric utility in
the United States and provides powers to over 4.8 million customers'"in the state; and
WHEREAS, FPL owns and operates it's Turkey Point facility in southeast Miami-Dade
County comprised of multiple power generating units; and
WHEREAS, the Turkey Point facility includes an approximately 5,900—acre network of
unlined canals and an interceptor ditch on the western side of the network, or collectively the
cooling canal system" (CCS), which dissipates heat from the water used in the operation of
FPL's nuclear Units 3 and 4, as well as Unit 1 when in operation; and
WHEREAS, FPL's CCS is located at its closest point less than two miles from the
Miami-Dade/Monroe County line and approximately 9.5 miles from the FKAA's wellfield in
Florida City; and
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Mayor Carruthers
WHEREAS, that while the CCS has no direct surface water discharges, data shows that
water from the CCS has moved beyond its boundaries; and
WHEREAS, the hypersaline plume extends two or three miles west of the CCS and
continues to move westward and the plume is pushing the saline water interface, which is now
four or five miles west of the CCS, at the rate of 400 to 600 feet per year.°`; and
WHEREAS, Monroe County supports Miami-Dade County's Division of Environmental
Resources Management (DERM) for issuing a Notice of Violation and Orders for Corrective
Action (October 2, 2015) against FPL to redress alleged violations of the Miami-Dade County
Code involving the CCS and entering into a Consent Agreement with FPL on October 6, 2015 to
resolve those violations; and
WHEREAS, Miami-Dade County recently issued a Report°" on March 7, 2016
indicating that:
a. the long term water quality in the CCS is degrading;`'"'
b. water from the CCS is migrating outside its boundaries away from the Turkey Point
facility property with impacts measured in both surface and groundwater;"`
c. monitoring data indicate that a hyper-saline groundwater plume originating from the
CCS has migrated landward and is impacting water quality;'
d. results for recent tritium sampling (an isotope of hydrogen that is frequently
associated with the operation of nuclear power plants) provide the most compelling
evidence that water originating from the CCS is reaching tidal surface waters
connected to Biscayne Bay;"` and
e. rainfall, pumping additional water into the CCS and operations of the CCS
Interceptor Ditch lead to record high water stage in the CCS which would be expected
to result in increased seepage of water from the CCS into surrounding ground waters
and perhaps surface waters.'
ij
WHEREAS, Monroe County is concerned that the westward migrating hypersaline
plume in the Biscayne Aquifer places the Florida Keys' source of potable water in jeopardy; and
WHEREAS, Monroe County is also concerned that the eastern migration of the
hypersaline plume into the tidal surface waters connected to Biscayne Bay (and potentially the
Biscayne Bay Aquatic Preserve) places these water resources in jeopardy where Monroe County
citizens fish and recreate; and
WHEREAS, Monroe County is working to gain a full understanding of all the solutions
being proposed by DERM and the other agencies with jurisdiction over Turkey Point and the
CCS including, but not limited to, the Florida Department of Environmental Protection (DEP),
the South Florida Water Management District (SFWMD) and the Nuclear Regulatory
Commission(NRC); and
WHEREAS, Monroe County desires to work cooperatively with Miami-Dade County
leadership and other agencies with jurisdiction over Turkey Point and the CCS to ensure that the
FKAA's wellfields are protected to the maximum extent possible now and in the future; and
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Mayor Carruthers
WHEREAS, a comprehensive approach is needed to 1) stop the western movement of
the hypersaline plume immediately, 2) remove the CCS discharges into the Biscayne Aquifer in
an expedited manner and 3) address any impacts to Biscayne Bay; and
WHEREAS, Monroe County calls upon its partners at the FKAA to take all steps
necessary to protect the Florida Key's supply of potable water, including potential partnering on
the development of new technical data to better understand the extent of the hypersaline plume
and potential threat to the FKAA's wellfields; and
WHEREAS, Monroe County reserves its right to initiate the conflict resolution
provisions of the Florida Governmental Conflict Resolution Act""' and to bring an action under
the Florida Environmental Protection Act"'° or any other available Federal or State legal remedy
at a later date should the Board deem such action appropriate;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
1. The above recitals are hereby incorporated into this resolution as restated herein
constitute the legislative findings and intent of the Board of County Commissioners of
Monroe County, Florida.
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2. The Miami-Dade County leadership, the SFWMD and DEP are invited to open a
dialog with Monroe County in support of finding comprehensive solutions to combat
the western migration of the hypersaline plume stemming from FPL's Turkey Point
CCS; remove the CCS discharges into the Biscayne Aquifer in an expedited manner;
and address any impacts to Biscayne Bay.
3. Monroe County encourages the FKAA to take all steps necessary to protect the potable
water supply for the Florida Keys including its wellfields in Florida City.
4. Monroe County is willing to provide material support to the FKAA to enhance its
current efforts to protect the Florida City wellfields.
5. The Clerk for this Board shall furnish copies of this resolution to:
• U.S. Senator Bill Nelson
• U.S. Senator Marco Rubio
• U.S. Representative Carlos Curbelo, District 26
• Florida Governor Rick Scott
• Florida Senate President Andy Gardiner
• Florida House Speaker Steve Crisafulli
• State Senator Dwight Bullard, District 39
• State Senator Anitere Flores, District 37
• State Representative Holly Raschein, District 120
• Chairman of the Nuclear Regulatory Commission Stephen G. Burns
• Chair, South Florida Water Management District Governing Board, Daniel
O'Keefe
• Executive Director, South Florida Water Management District Peter Antonacci
• Secretary, Florida Department of Environmental Protection, Jon Steverson
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Mayor Carruthers
• Miami Dade County Mayor Carlos Gimenez
• Chair, Florida Keys Aqueduct Authority Robert Dean
• Executive Director, Florida Keys Aqueduct Authority Kirk Zuelch
6. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County
Florida, at a regular meeting of said Board held on the 20th day of April, 2016.
Mayor Heather Carruthers Yes
Mayor pro tem George Neugent Not Present
Commissioner Danny L.Kolhage Yes
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
Y HEAVILIN, CLERK BOARD OF CO t'TY COMMISSIONERS
s:. A.-it OF MONROE Sri i► ' F I '.!'
' - 7,t t Li Sur! By: Alf
v uty Clerk Ma I r He gr'er Carruthers
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MONAPpROERO CO NTY ATTORyNEY
ERTB 3AIY, '
Disr
'Per Brian Davisson,Monroe County GIS Planner.
"See, ch. 76-441,Laws of Florida.
"1http://www.fkaa.com/our_water_source.htm
`"https://www.fpl.com/about/company-profile.html
"Consent Agreement in Miami-Dade County v.Florida Power&Light Co., dated October 7,2015.
Tropical Audubon Society v.FP&T and SFWMD,Case 15-3845,¶46 (DOAH Rec'd Order Dec. 31,2015);
https://www.doah.state.ifus/ROS/2015/15003845.pdf
"Report on Recent Biscayne Bay Water Quality Observations Associated with Florida Power and Light Turkey
Point Cooling Canal systems Operations—Directive 152884,dated March 7,2016 (Miami-Dade Report).
"'Miami-Dade Report pg. 1.
ix Miami-Dade Report, pg. 5.
"Miami-Dade Report pg.3.
"'Miami-Dade Report pg.4.
Miami Dade Report pg.4
"I F.S. 164.101 et seq. "` F
"'"F.S.403.412.
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