Resolution No. 11-23 v 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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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 theta m i33i0N of (444/4,vtit Uatc i, Florida, on the 13 day of
- Suu� ,2011.
Attest:
401/M/ sailett
DONNA L. BARTLE, CMC MIKE BORNO
City Clerk Mayor
Approve • a to form and correctness:
A ir N, ESQUIRE
Ci rney
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