Fort Walton Beach Resolution — 2010-31 - Oposition to EPA Water Quality Standards — reading text

RESOLUTION 2010-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA IN OPPOSITION TO THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY' S ( EPA) PROPOSAL TO ENACT NEW STRINGENT NUMERIC NUTRIENT WATER QUALITY STANDARDS TO BE APPLICABLE FOR ALL LAKES, FLOWING WATERS, CLASS III WATERS, AND COASTAL WATERS THROUGHOUT AND ADJACENT TO THE STATE OF FLORIDA AS AN AMENDMENT TO 40 CFR,PART 131.43 AND THE CLEAN WATER ACT, AT SEC. 303( c); PROVIDING AN EFECTIVE DATE. WHEREAS, the City Council and City staff have become aware of proposed new rules dealing with the numeric nutrient content of various classes of waters located in and adjacent to the State of Florida; and WHEREAS, although the City Council recognizes the critical importance of clean waters, it is believed that the rules currently under review have been proposed in reaction to a lawsuit filed against the EPA administrator by a number of environmental organizations in Florida alleging that the agency had failed to comply with its responsibility under the Clean Water Act to force the State of Florida to expeditiously adopt numeric criteria; and WHEREAS, while the City Council acknowledges the necessity of the adoption of new rules to maintain the highest quality of waters throughout the State of Florida, it appears that the deadlines proposed are really litigation driven as opposed to being based on scientific needs or technical procedures ; and WHEREAS, due to the above- referenced litigation, the State of Florida is the only state that has been singled out by the EP A with these imminent deadlines and federal oversight; and WHEREAS, the extremely restrictive criteria the EP A is proposing will be fiscally impractical to meet, thus resulting in adverse economic impacts to the state' s overall economy; and WHEREAS, the current proposal treats all waters throughout the State of Florida the same eventhough Northwest Florida is significantly different from the rest of Florida and Okaloosa County is significantly different from the rest of Northwest Florida; and WHEREAS, if this current proposal is approved, every major industry will be affected including agriculture, power generation, mining, seaports and even recreational facilities; and WHEREAS, the City Council believes that the methodology utilized is arbitrary and that the current proposal is not in the best interests of the citizens of the State of Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA THAT: SECTION 1. The City Council hereby opposes the proposal of the EP A to enter into a consent order in the federal lawsuit subjecting the State of Florida to federal criteria; and respectfully requests our leaders in Washington, Tallahassee and at the local levels to intervene and demand through a science- driven process with that statewide numeric nutrient criteria be established adequate time to address concerns of regulated communities and with appropriate realistic time- frames for achieving compliance. SECTION 2. The City Council hereby requests that this resolution be sent directly to the EPA to be considered as public comment testimony in opposition to the proposed measures and to all other interested parties. SECTION 3. The City Clerk is directed to provide certified copies of this Resolution to the Northwest Florida League of Cities, the Florida League of Cities, Local Florida State Senators and Representatives, U.S. Senators and the District 1 Representative and the Director of the U.S. EPA. SECTION 4 This Resolution shall take effect immediately upon approval by the City Council and signature of the Mayor. Adopted by the City of Fort Walton Beach City Council on this 14th day of September 2010. Mike Anderson, Mayor Attest: Approved for sufficiency. iM~ H en Spencer, ty Clerk  City of Fort Walton Beach L- ~\ \ V America' s Most Beautiful Beaches 107 Miracle Strip Parkway, SW * Fort Walton Beach, Fl32548 850) 833- 9500 * Fax ( 850) 833- 9640 TDD ( 850) 833- 9925 Mike Anderson Mayor 850) 833- 9511 manderson@fwb. org fwbmayor@fwb. org September 15, 2010 The Honorable Jeff Miller 2439 Rayburn House Office Building Washington, DC 20515- 0901 Dear Congressman Miller: Enclosed is a certified copy of Resolution 2010- 31 adopted by the Fort Walton Beach City Council on September 14, 2010. The resolution opposes the Federal Environmental Protection Agency' s ( EPA) proposal to enact new stringent numeric nutrient water quality standards to be applicable for all lakes, flowing water, Class III waters, and coastal waters throughout and adjacent to the State of Florida as an amendment to 40 CFR, PART 131. 41 and the Clean Water Act, At Sec. 303( c). Your support of this resolution is appreciated. Regards, Mike Anderson Mayor Ive  0." ~ City of Fort Walton Beach L- ~-\'\ V 51A. I. ( America' s Most Beautiful Beaches v-7'' 0::-+' V' " 107 Miracle Strip Parkway, SW * Fort Walton Beach, FI 32548 V,// , 850) 833- 9500 * Fax ( 850) 833- 9640 TDD ( 850) 833- 9925 Mike Anderson Mayor 850) 833- 9511 manderson@fwb. org fwbmayor@fwb. org September 15, 2010 The Honorable George LeMieux 356 Russell Senate Office Building Washington, DC 20510 Dear Senator LeMieux: Enclosed is a certified copy of Resolution 2010- 31 adopted by the Fort Walton Beach City Council on September 14, 2010. The resolution opposes the Federal Environmental Protection Agency' s ( EPA) proposal to enact new stringent numeric nutrient water quality standards to be applicable for all lakes, flowing water, Class III waters, and coastal waters throughout and adjacent to the State of Florida as an amendment to 40 CFR, PART 131. 41 and the Clean Water Act, At Sec. 303( c). Your support of this resolution is appreciated. Regards, Mike Anderson Mayor Ive  J City of Fort Walton Beach L- \,'\ V i~ America' s Most Beautiful Beaches c'\\~ ~". \.. " 107 Miracle Strip Parkway, SW * Fort Walton Beach, FI 32548 if /" . 850) 833- 9500 * Fax ( 850) 833- 9640 TDD ( 850) 833- 9925 Mike Anderson Mayor 850) 833- 9511 manderson@fwb. org fwbmayor@fwb. org September 15, 2010 The Honorable Bill Nelson 716 Hart Senate Office Building Washington, DC 20510 Dear Senator Nelson: Enclosed is a certified copy of Resolution 2010- 31 adopted by the Fort Walton Beach City Council on September 14, 2010. The resolution opposes the Federal Environmental Protection Agency' s ( EPA) proposal to enact new stringent numeric nutrient water quality standards to be applicable for all lakes, flowing water, Class III waters, and coastal waters throughout and adjacent to the State of Florida as an amendment to 40 CFR, PART 131. 41 and the Clean Water Act, At Sec. 303( c). Your support of this resolution is appreciated. Regards, Mike Anderson Mayor Ive  i i City of Fort Walton Beach L- :::.\\\