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07/21/1997 Memorandum of Understanding ... ([) -.J C._ Coordinated Permit Review Process for Wastewater Disposal Permits and Development Permits for New Residential Development in the Florida Keys -' f'V '.' ~ cO', This Memorandum of Understanding ("MOU") is entered into between the Florida Department of Community Affairs ("DCA"), Florida Department of Environmental Protection ("DEP"), Florida Department of Health ("DOH") including the Monroe County Health Department ("MCHD"), and Monroe County ("County"). The purpose of this MOU is to document the individual and collective responsibilities of the above parties to implement a coordinated permit review process regarding wastewater disposal permits and development permits for new residential development in the Florida Keys as required under Administration Commission Rule No. 28-20.100, Comprehensive Plan - Part II (34) Policy 101.2.13 and as directed in Executive Order Number 96-108. Rule 28-20.100 directs that no state agency shall issue a wastewater disposal permit that would allow development in excess of the number of permits that Monroe County may issue under Policy 101.2.13 for new residential development, and that Monroe County shall not issue development permits in excess of wastewater disposal permits that DOH may issue or wastewater treatment plant construction permits that DEP may issue. 1 Monroe County adopted Ordinance No. 16-1992 establishing a dwelling unit allocation system, also referred to as the Rate of Growth Ordinance ("ROGO"), to facilitate implementation of the Florida Keys Comprehensive Plan and Development Regulations and to regulate the rate of growth. Monroe County more recently adopted Ordinance No. 03-1997 regarding an inspection and compliance program for on-site sewage treatment and disposal systems ("OSTDSs"), requiring operating permits for unpermitted OSTDSs and permit renewals for existing, permitted OSTDSs. The Monroe County Board of County Commissioners also passed and adopted Resolution No. 028-1997 directing enforcement of this ordinance. General authority for the parties to enter into this MOD is provided by Administration Commission Rule No. 28-20.100(34), Florida Administrative Code. Additionally, DCA is authorized by Section 380.032, Florida Statutes (F.S.), to enter into an agreement with any landowner, developer or other governmental agency as may be necessary to effectuate the provisions and purposes of Chapter 380, F.S., or any related rule. DEP is authorized to enter into this agreement under Section 402.061(21), F.S. (Supplement 1996). This MOD and the above cited ordinances as amended by Administration Commission Rule No. 28-20.100 are intended to serve as the interim Permit Allocation System, the coordinated permit review process, and the tracking system for monitoring cesspit replacements required by Administration Commission Rule No. 28-20.100. 2 EFFECTIVE DATE This MOU shall take effect upon execution by the parties and remain in effect for the period prescribed within Administration Commission Rule 28-20.100. CESSPIT REPLACEMENT CREDITS DOH/MCHD agrees to establish, document, and maintain a tracking system that monitors cesspit replacements in each of the three ROGO areas. Replacement of a cesspit with an approved OSTDS or hookup to a DEP-permitted wastewater treatment facility generates a cesspit replacement credit ("cesspit credit"). DOH/MCHD agrees to track the number of residential credits generated and used. Each cesspit credit will receive a unique identifier. After each quarterly ROGO allocation application deadline, DOH/MCHD agrees to notify Monroe County of the number of cesspit credits available in each ROGO area. No OSTDS permit may be issued unless an unused cesspit credit exists for that ROGO area. When an OSTDS permit is issued, a cesspit credit is then considered used and the record for that cesspit credit will include a unique identifier provided by Monroe County for the ROGO allocation award linked to that cesspit credit. The cesspit credit identifier and the ROGO allocation award identifier will both be included on the OSTDS permit issued. MCHD shall keep a cumulative list of individual used and unused cesspit credits, unique identifiers for each cesspit credit, dates issued, ROGO area of each cesspit credit, the corresponding OSTDS permits issued, and corresponding ROGO award identifiers. MCHD agrees to provide a quarterly summary report showing totals-to-date, annual, and quarterly figures to the parties to this agreement and to the Executive Office of the Governor ("EOG"). 3 ROGO ALLOCATION TRACKING SYSTEM The County agrees to establish, document, and maintain a tracking system that monitors ROGO allocation awards in each of the three ROGO areas, with separate tracking for market- rate residential and affordable residential awards. The County agrees to track the number of residential ROGO allocation awards generated and used. When a ROGO allocation award is made, the County will assign an identifier unique to that award for tracking purposes. The County will notify ROGO allocation awardees and the MCHD. In determining quarterly ROGO allocation awards, the County will use the information provided by DOH/MCHD regarding the number of cesspit credits available in each ROGO area. No building permit may be issued unless the applicant has received a ROGO allocation award with unique identifier and an OSTDS permit with corresponding cesspit credit and unique identifier from MCHD. For development using a wastewater treatment plant and therefore not requiring an OSTDS permit, a cesspit credit will still be required for each dwelling unit. MCHD will coordinate cesspit credits with unique identifiers for this process, and the building permit for a unit using a wastewater treatment plant will not be issued without a ROGO allocation award with unique identifier and the required cesspit credit and unique identifier from MCHD. The cesspit credit identifier and the ROGO allocation award identifier will both be included on the issued building permit. Cesspit credits will be divided between affordable residential and market-rate residential ROGO allocation awards in a 20: 80 proportion. No cesspit credits associated with affordable residential ROGO allocation awards may be switched to market-rate residential allocations. 4 For the initial quarterly ROGO allocation process under this MOU, the County may award the full ROGO quarterly allocation allowed under Monroe County Ordinance No. 16-1992, regardless of the number of cesspit credits available. Those ROGO allocation awardees unable to receive their OSTDS permits and building permits because of a shortage of cesspit credits will retain their ROGO allocation award and cesspit credit priority rank for future cesspit credits that may become available, ahead of ROGO allocation award recipients in subsequent quarters. The ROGO allocation awards in subsequent quarters will be reduced by the number of ROGO allocation award recipients awaiting a cesspit credit. A ROGO allocation awardee with an available cesspit credit has 60 days to pick up his OSTDS after notification by the County. After 60 days, the ROGO allocation award expires, and the cesspit credit is available to the awardee highest on the cesspit credit priority list. The ROGO allocation award is then available to be awarded by the County within the same annual cycle. The County shall maintain a cumulative list of individual used and unused ROGO allocation awards, corresponding unique award identifiers, dates issued, ROGO area of each award including whether market-rate residential or affordable residential, corresponding cesspit credit identifiers, and the corresponding building permits issued. The County agrees to provide a quarterly summary report showing total to date, annual, and quarterly figures to the parties to this agreement and the EOG. DEP agrees to coordinate with MCHD and the County prior to issuing any wastewater treatment plant construction permits or letters of intent to issue permits, in order to avoid allowing development in excess of the number of permits that the County may issue. 5 HOT SPOT EFFORTS DEP has identified and ranked areas in the Florida Keys with water quality problems, with the resulting list known as the "Hot Spot List." DEP agrees to continue the process of reviewing and ranking the Hot Spot List as additional data are available. The parties to this agreement agree to address those water quality issues related to wastewater in the Hot Spots. Unless altered by agreement among the parties to this MOD, the following prioritized list shall serve as the Hot Spot List for activities related to this MOD: 1. Sexton Cove Estates/Lake Surprise 2. Whispering Pines/Hollerich Subdivision/Grieser/Ross Haven/Pat & Mary/Big Pine Cove/Sands 3. Cross Key Waterways 4. Doctors Arm/Lambert/Tropical Bay 5. Eden Pines Colony/Pine Channel Estates/Cahill Pines & Palms 6. Pirates Cove 7. Plantation Key Colony/Indian Waterways 8. Lower Matecumbe Beach/Port Antigua/White Marlin Beach 9. Conch Key 10. Bay Point Subdivision 11. Cudjoe Garden/Cutthroat Harbor Estates/Cudjoe Ocean Shores 12. Venetian Shores 13. Hammer Point 14. Long Key Estates 6 15. Jolly Rogers Estates 16. Breezeswept Beach Estates 17. Tamarac Park 18. Winken Blynken & Nod 19. Sugarloaf Shore Subdivision/Orchid Park 20. Summerland Key Cove 21. Gulfcrest 22. Port Pine Heights 23. Ocean Reef Each month DEP, the County Growth Management Division, the DCA, and the MCHD, as lead agency, will jointly review the location of properties that are the subject of current and past unknown sewage disposal notifications to determine if the properties are within Hot Spots. For Hot Spots that will receive multiple notifications, the agencies will develop strategies for the most effective way to reduce wastewater pollution. Strategies may include meeting with area homeowners to inform them of the situation and present options to them, such as joint sewage collection and processing facilities. Identification and pursuit of additional outside funds for wastewater treatment in Hot Spots will also be considered. EDUCATIONAL EFFORTS The parties recognize that public education and acceptance are critical to the success of their efforts. MCHD agrees to act as lead in conducting public education programs and 7 neighborhood meetings regarding the wastewater disposal permitting process. The other parties to the agreement agree to participate as needed in these efforts and to provide technical support. COORDINATED PERMIT REVIEW PROCESS The Coordinated Permit Review Process for Wastewater Disposal Permits and Development Permits for the Florida Keys from the applicant's perspective shall be: 1. The applicant for an OSTDS permit for new development applies for and receives a preliminary OSTDS letter of review from DOH/MCHD if all conditions are met except the possession of a cesspit replacement credit. Applicant signs disclaimer acknowledging that the OSTDS permit will not be issued until and unless a cesspit credit is available, and that the County cannot issue a building permit until the applicant receives a ROGO allocation award and verification of cesspit credit availability. 2. The applicant goes through the ROGO process and receives a ROGO allocation ranking. The ROGO ranking also determines the priority for cesspit replacement credit. 3. If the applicant's ranking is sufficiently high to receive a ROGO allocation award and sufficient cesspit credits are available for that ROGO area, the applicant is notified by Monroe County that he is eligible to receive an OSTDS permit and then a building permit. The County also notifies MCHD. The notification includes a unique identifier for the applicant's ROGO award. The notification also states that the awardee has 60 days to pick up the OSTDS permit; otherwise, the awardee's ROGO award expires. The County also compiles a list of the ranks of all applicants considered for the quarterly ROGO allocation 8 award. Applicants may consult this list to determine their ranking. In some quarters the number of available cesspit credits may be less than the number of available ROGO allocation awards. Those ROGO allocation awardees unable to receive their OSTDS permits and building permits because of a shortage of cesspit credits will retain their ROGO allocation award and cesspit credit priority rank for future cesspit credits that may become available, ahead of ROGO allocation award recipients in subsequent quarters. The County notifies the awardee when a cesspit credit is available and the 60 day time period to receive the OSTDS permit starts upon this notification. 4. The applicant brings the ROGO award notification with unique identifier to the DOH/MCHD to receive the OSTDS permit. DOH/MCHD issues the applicant an OSTDS permit showing both the cesspit credit unique identifier and the ROGO award unique identifier. MCHD notifies the County after the applicant receives the OSTDS permit. S. The County notifies the applicant that the applicant has 60 days to pick up a building permit from the County. The building permit shows both the cesspit credit unique identifier and the ROGO award unique identifier. 6. At any stage in the permitting process an applicant has the option of earning a cesspit credit by replacing a cesspit in the ROGO area within which the applicant wishes to build. After final inspection and approval by MCHD of the new OSTDS replacing a cesspit, MCHD will reserve the resulting cesspit credit and unique identifier in the applicant's name and will issue a preliminary OSTDS letter of review if all other conditions are met. 9 Applicants with a DOH/MCHD OSTDS permit issued prior to Administration Commission Rule No. 28-20.100 going into effect but without a ROGO allocation are not required to go through the DOH/MCHD OSTDS permit process again in the event that they receive a ROGO allocation, unless their OSTDS permit has expired or a renewal is required prior to receiving a building permit. FUNDING The 1997 Florida Legislature appropriated $100,000 for wastewater treatment grants to Monroe County through DEP to assist low-income residents in replacing illegal or inadequate onsite wastewater treatment systems, to be matched 100% by Monroe County. By July 31, 1997, the County, DOH/MCHD, DEP, and DCA, with guidance from the EOG, shall formulate a ranking and application system, including a list of documents required to prove applicant eligibility. Primary considerations will be income level of potential recipients, and location of their affected property within DEP-identified Hot Spots. The County shall be responsible for ranking resident homeowners' applications and approving them for cesspit identification and replacement assistance. Information on the potential availability of assistance funds and requirements to receive funds will be included in unknown sewage disposal notifications. The parties to this agreement and the EOG recognize that the $100,000 appropriated will not be adequate to assist all low-income residents to inspect and replace cesspits. All parties agree to actively seek funds to provide additional assistance to these homeowners. All parties shall 10 (S='l.) ATT::::~: DAN:'N L KOLHAGE CLERK ElY ~r7 Da Affairs 6, - 10 ~ G}-::;-- Date ~:u~uRlD~ Secretary ,\Department of Environmental Protection '-1-'1' Date ~7~~ ~epartment of Health I/1l ~t./~~ 7/7-/97 ment Date I ' Ad 11 EOG = Executive Office of the Governor DEP = Department of Environmental Protection DCA = Department of Community Affairs MOU = Memorandum of Understanding DOH = Department of Health MCHD = Monroe County Health Department ROGO = Rate of Growth Ordinance OSTDS = On-site Sewage Treatment Disposal System