Agenda Item 6BAGENDA ITEM # 613
JUNE 13, 2011
RESOLUTION 11 -23
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
REQUESTING THAT THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY AFFIRMATIVELY CONSIDER AND GRANT
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION'S PETITION REQUESTING THAT THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY WITHDRAW ITS
DETERMINATION THAT NUMERIC NUTRIENT CRITERIA ARE
NEEDED IN ONLY FLORIDA; REPEAL FEDERALLY - PROMUGATED
NUMERIC NUTRIENT CRITERIA FOR FLORIDA; DISCONTINUE
PROPOSING OR PROMULGATING ADDITIONAL NUMERIC
NUTRIENT CRITERIA IN FLORIDA; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach has long recognized the detrimental effects of
the introduction of excessive amounts of nitrogen and phosphorus into the local surface waters
discharging to the Intracoastal Waterway and St Johns River; and
WHEREAS, in City of Atlantic Beach the City Commission adopted a comprehensive
Stormwater Management Plan outlining the state of all surface waters within the Lower St Johns
River Basin and recommending a variety of retrofits and best management practices to stabilize
and improve surface water quality; and
WHEREAS, in 1997 the Commission adopted an ordinance creating a Stormwater
Utility, establishing a dedicated funding source for stormwater projects to improve surface water
quality; and
WHEREAS, in 2011 an update of the Stormwater Management Plan is in progress; and
WHEREAS, the City of Atlantic Beach has supported the adoption and subsequent
revisions to Section 403.067, Florida Statutes, concerning the implementation of the Total
Maximum Daily Loads program in Florida; and
WHEREAS, the City of Atlantic Beach has actively participated in the development of
Total Maximum Daily Loads for the Lower St Johns River Basin locally and also in the
development of the Lower St Johns River Basin Management Action Plan; and
WHEREAS, the City of Atlantic Beach considers their actions to maintain and improve
surface water quality within the Lower St Johns River Basin to be in close compliance with the
intent of both the United States Environmental Protection Agency and the Florida Department of
Environmental Protection Agency; and
WHEREAS, the Florida Department of Environmental Protection has reinitiated its own
rulemaking process to adopt numeric nutrient criteria for Florida water bodies; and
WHEREAS, the City of Atlantic Beach considers the actions of Florida city and county
governments, the Florida Department of Environmental Protection and the Florida Legislature to
be consistent with the key principles of a model state program for the reduction of nutrients as
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AGENDA ITEM # 613
JUNE 13, 2011
described in the Environmental Protection Agency's Memorandum to Regional Administrators
of March 16, 2011; and
WHEREAS, the City of Atlantic Beach supports the Florida Department of
Environmental Protection's Petition requesting that the United States Environmental Protection
Agency rescind its determination that federal numeric nutrient criteria are needed in Florida and
strongly requests that the United States Environmental Protection Agency consider this Petition
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
ATLANTIC BEACH, FLORIDA:
SECTION 1. The City of Atlantic Beach hereby requests that the United States
Environmental Protection Agency (EPA) affirmatively consider and grant the Florida
Department of Environmental Protection's Petition requesting that EPA:
1. Withdraw its January 2009 determination that numeric nutrient criteria are necessary only
in Florida;
2. Immediately initiate the repeal of 40 C.F.R. 131.49, providing for EPA - developed
numeric nutrient criteria in Florida; and,
3. Discontinue proposing or promulgating further numeric nutrient criteria in Florida.
SECTION 2. The City Manager is hereby directed to forward a copy of this Resolution
to EPA Administrator Lisa Jackson, Governor Rick Scott, State Senate President Michael
Haridopolos and Speaker of the House of Representatives Dean Cannon, the Florida
Congressional Delegation, and the local state Legislative Delegation.
SECTION 3. The City Manager is hereby directed to forward a copy of this Resolution
to the Florida League of Cities, the Florida Association of Counties and the Florida Stormwater
Association.
SECTION 4. This Resolution shall take effect immediately upon adoption.
APPROVED AND ADOPTED by the of , Florida, on the _ day of
, 2011.
Attest:
DONNA L. BARTLE, CMC MIKE BORNO
City Clerk Mayor
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
RA
AGENDA ITEM # 613
JUNE 13, 2011
DEP Petition to EPA regarding Numeric Nutrient Criteria
Timeline of Important Events
In 2008, a Clean Water Act citizen suit was filed against the United States Environmental Protection
Agency (EPA), alleging that it had a mandatory duty to adopt numeric nutrient criteria (criteria) in
Florida. In January 2009, EPA issued a "Necessity Determination" that criteria were necessary, and
in December 2010 promulgated criteria for lakes, rivers, and streams in Florida. These are scheduled
to become effective in Florida in March 2012.
In March 2011, EPA released a Memorandum that detailed the eight most crucial elements EPA
believes are necessary for a State program to effectively manage nutrient pollution. In response, the
Florida Department of Environmental Protection (DEP) filed a petition with EPA on April 22, 2011,
requesting that EPA rescind its January 2009 "Necessity Determination" and promulgated rules. The
petition documents that Florida has comprehensively addressed the eight elements outlined in the
Memorandum, and that EPA would not have made its original "Necessity Determination" if it had
evaluated Florida's programs against the eight elements. A response was requested by May 22, 2011.
Summary of how Florida DEP Meets the Eight Elements
1. Prioritize Watersheds for Nitrogen and Phosphorus Loading Reductions.
DEP has identified its high priority waters and established nutrient load reduction targets for most
major waters. Exam le: Significant reductions documented in the Everglades, Tampa Bay, etc.)
2. Set Watershed Load Reduction Goals Based Upon Best Available Information.
Nutrient reduction goals have been established for the high priority waters, and more continue to
be set annually. Exam le: 135 adopted nutrient Total Maximum Daily Loads (TMDLs).}
3. Ensure Effectiveness of Point Source Permits in Targeted/Priority Sub - Watersheds.
Florida has made significant reductions in nutrient loading from NPDES point source dischargers.
[ Example: Eliminated most surface water discharges, greatly increased reuse, high level treatment.)
4. Agricultural Areas - target most effective, innovative practices.
Florida has the country's most comprehensive agricultural source control program. { Example : Best
Management Practices on over 8 million acres of farm land.}
5. Stormwater and Septic Systems.
Florida was the first to implement a comprehensive stormwater treatment program, and has a
system for management of septic systems. Exam le: Florida is 1 of 13 States with specific post -
development stormwater treatment requirements.}
6. Accountability and Verification Measures.
Florida has the most extensive monitoring and assessment program in the country. [Example: Over
30% of the nutrient water quality data in EPA's national water quality database are from Florida.)
7. Annual Public Reporting of Implementation Activities and Biannual Reporting of Load Reductions and
Environmental Impacts Associated with Each Management Activity in Targeted Watersheds.
DEP regularly monitors and documents reductions in a variety of reports. { Example : Annual Basin
Management Action Plan reports, Basin Assessment Reports, Estuary Reports, etc.}
8. Develop Work Plan and Schedule for Numeric Criteria Development.
DEP has followed a "mutually agreed upon" (EPA and DEP) nutrient criteria development plan
since 2002. DEA's petition requests EPA to suspend further action on numeric nutrient criteria in
Florida, in order to allow DEP to reinitiate its own rulemaking.