11-16RESOLUTION NO. 11 -16
A RESOLUTION OF THE CITY OF CLEARWATER, 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; AND, REPEAL FEDERALLY PROMULGATED NUMERIC
NUTRIENT CRITERIA FOR FLORIDA; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has long recognized the detrimental effects of the
introduction of excessive amounts of nitrogen and phosphorus into the local surface
waters surrounding the City; and
WHEREAS, annual analysis and review of ambient water quality within all of our
surface waters has been ongoing as required by our MS4 NPDES (Municipal Separate
Storm Sewer System National Pollutant Discharge Elimination System) Permit; and
WHEREAS, in 1991 the City adopted an ordinance creating a Stormwater Utility,
establishing a dedicated funding source for stormwater projects to improve surface
water quality; and
WHEREAS, the City has actively participated in the development of Total Maximum
Daily Loads for Tampa Bay; and
WHEREAS, the City considers their actions to maintain and improve surface water
quality within Pinellas County 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 more restrictive numeric nutrient criteria for Florida
waterbodies already meeting the requirements of the Clean Water Act; and
WHEREAS, the Florida League of Cities and many other state and local agencies
responsible for protecting Florida's waters have raised serious concerns about the
methodology EPA used to develop these numeric nutrient standards; and
WHEREAS, these numeric standards fail to adequately take into account the diversity
of Florida's streams, rivers, and lakes; and
WHEREAS, the City 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 described in the Environmental Protection Agency's Memorandum to
Regional Administrators of March 16, 2011; and
WHEREAS, the City 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 COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City 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; and,
2. Immediately initiate the repeal of 40 C.F.R. 131.49, providing for EPA - developed
numeric nutrient criteria in Florida.
Section 2. The City Clerk 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 Clerk 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.
PASSED AND ADOPTED this 21st day of July , 2011.
Frank V. Hibbard
Mayor
Attest:
Approved as to form:
Leslie K. Dou 1 -Sides
Assistant City Attorney
Rosemarie Call
City Clerk