2009-R-21
RESOLUTION NO. 2009-R-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA; SUPPORTING THE ACTIONS BY
THE FLORIDA DEPARTMENT OF ENVIRONMENT AL
PROTECTION AND THE ENVIRONMENTAL REGULATION
COMMISSION TO CONSIDER REASONABLE, SCIENCE-
BASED AMENDMENTS TO THE DESIGNATED USES AND
CLASSIFICATION SYSTEM OF SURFACE W ATERBODIES
WHILE PROTECTING THE QUALITY OF FLORIDA'S
WATERS; AUTHORIZING TRANSMITTAL TO VARIOUS
GOVERNMENT AL AGENCIES; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature has granted the Florida Department of Environmental
Protection ("FDEP") the power and duty to develop a comprehensive program for the prevention,
abatement, and control ofthe pollution of the waters of the state; and
WHEREAS, the City of Edgewater shares the goal of preserving water quality with the
Department, the US-EP A and all stakeholders; and
WHEREAS, waters that are overloaded with one or more pollutants are listed as "Impaired"
following EP A requirements and Florida Law; and
WHEREAS, FDEP and the U.S. Environmental Protection Agency ("EP A") have developed
a program to limit pollutant discharges to Impaired Waters to that amount a water body could receive
without exceeding water quality standards, known as the Total Maximum Daily Loads ("TMDL")
program; and
WHEREAS, developing these TMDL pollution limits has proven to be a very complicated,
problematic, time-consuming and expensive process; and
WHEREAS, the TMDL development process has been hampered by litigation that has
1
2009-R-21
resulted in court-ordered schedules that did not sufficiently consider the complexities involved in the
TMDL program; and
WHEREAS, many ofthe resulting TMDL limits proposed have been criticized as requiring
unreasonable and unnecessary limits resulting in costs which are unproductive in terms of improving
water quality; and
WHEREAS, neither the Congress of the United States nor the Legislature of the State of
Florida have appropriated funds to local governments in amounts sufficient to ensure compliance
with the requirements of the TMDL program; and
WHEREAS, there are many competing needs for every local community's financial
resources such that due diligence must be used to ensure that the limited funding that is available and
is effectively applied; and
WHEREAS, failure to use such due diligence actually works against the goal of the
preserving water quality by wasting limited financial resources; and
WHEREAS, both EP A, FDEP and the National Science Foundation have all recognized the
need for refining the system for classifying various waters by their functional use; and
WHEREAS, Florida's system of classification of water bodies has not been re-examined on a
comprehensive, scientific basis for more than forty (40) years; and
WHEREAS, the existing classification system forces local governments or other funding
entities to allocate scarce financial resources in an attempt to bring many water bodies (such as urban
stormwater ditches) into compliance with water quality standards where there will be little or no
potential benefit to the natural environment or human uses at the expense of funding for waters
2
2009-R-21
where the possibility of real improvements exists; and
WHEREAS, FDEP previously convened an advisory committee of experts known as the
Designated Uses and Classification Refinement Policy Advisory Committee ("PAC") to study and
make recommendations for amending the designated uses and classifications of water bodies; and
WHEREAS, the PAC developed several reports which included a new, science-based system
of uses and classifications for water bodies but did not recommend any revisions to existing waters
on a statewide basis; and
WHEREAS, the Florida Stormwater Association has filed a petition requesting that FDEP
and the Environmental Regulation Commission initiate rulemaking on the classification and use
system based on the recommendations of the PAC.
NOW, THEREFORE, be it resolved by the City Council ofthe City ofEdgewater, Florida:
Section 1. The City Council supports the consideration by FDEP and the ERC of reasonable,
science-based revisions to Florida's waterbody use and classification system that are considered in an
open, public process.
Section 2. The City Council authorizes the City Clerk to send a copy ofthis resolution to the
Governor of Florida, Speaker of the Florida House of Representatives, President of the Florida
Senate, the Secretary ofFDEP, the Administrator ofthe U.S. Environmental Protection Agency and
the Chair of the Volusia County State Legislative Delegation.
Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed.
Section 4. This resolution shall take effect upon adoption.
3
2009-R-21
After Motion by rrvrY1ilmnn rnope.r- with Second by C()U(\(lill.l.JN'\,\(U1 R\~r('s, the
vote on this resolution was as follows:
AYE
NAY
Councilwoman Debra J. Rogers
x
><
X
X
Mayor Michael Thomas
Councilwoman Gigi Bennington
Councilwoman Harriet E. Rhodes
Councilman Ted Cooper
x
PASSED AND DULY ADOPTED this 14th day of September, 2009.
ATTEST:
v
~
Micfi1tel Thomas
Mayor
~"O Il0Q~0.-
Bon."il\t\,!;"~Venzel 0
~Lty 'Clerk.t 0.)'>,
. J " ;-.'
<.r __ . "f"
(~j U' I )I'
,.....1 (--- '\ (,
,,0" \ v,,':,:;
. 7'," ,.l~
, ~... . .('\
;' t ' -"'\ 'i
" I'''i ...t. \. '/
I, 1,1,'"
~~ 'lc
~0. CJ
Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
Approved by the City Council of the City of
Edgewater at a meeting held on this 14th day
of September, 2009 under Agenda Item No.
S&-.
4
2009-R-21