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RESOLUTION AUTHORIZING THE EXECUTION OF A SPECIFIC OPERATING AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR COOPERATIVE AIR POLLUTION CONTROL PROGRAM MANAGEMENT IN MIAMI-DADE COUNTY

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WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby approves the Air Pollution Control Specific Operating Agreement between Miami-Dade County and the Florida Department of Environmental Protection for cooperative air pollution control program management in Miami-Dade County, in substantially the form attached hereto and made a part hereof; and authorizes the County Mayor or County Mayor's designee to execute same for and on behalf of Miami-Dade County, execute amendments to this agreement for time extension, and to exercise the cancellation and renewal provisions contained herein.

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Date:

To: Honorable Joe A. Martinez, Chairman
and Members, Board of County Commissioners

From: Alina T. Hudak
County Manager

Subject: Resolution Authorizing the Execution of a Specific Operating Agreement
with the Florida Department of Environmental Protection for Cooperative
Air Pollution Control Program Management in Miami-Dade County

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners approve the attached resolution authorizing the execution of an Air Pollution Control Specific Operating Agreement with the Florida Department of Environmental Protection for cooperative air pollution control program management in Miami-Dade County.

Scope
This agreement will involve countywide environmental permitting and regulation.

Fiscal Impact/Funding Source
Permit fees will be collected by MDC and will cover the costs of the administrative tasks required to implement the agreement.

Track Record/Monitor
The Director of the Department of Environmental Resources Management will monitor this agreement.

MANAGER'S BACKGROUND
Background
Since the 1970s, Miami-Dade County, through the Department of Environmental Resources Management (DERM), has been designated as an approved local environmental program pursuant to state law. In 1981, a general agreement was executed by the Florida Department of Environmental Protection (FDEP) and Miami-Dade County specifying cooperative arrangements for enforcing state and local environmental laws. The general agreement was subsequently updated in 1989, with expressed intent of developing additional, specific operating agreements relating to air programs. The attached Air Pollution Control Specific Operating Agreement (Attachment A) defines the roles of FDEP and Miami-Dade County through DERM and pursuant to state law.
The attached resolution seeks to continue with the cooperative agreement between the FDEP and Miami-Dade County relating to the delegation of state air pollution control programs to Miami-Dade County, which was initiated in 1995 and renewed previously in 2007. The agreement establishes the basis upon which FDEP and Miami-Dade County work together to protect air quality. The agreement provides that Miami-Dade County will continue to be delegated certain state permitting activities and will retain 80% of the state air permit fees collected. Permitted facilities will continue to realize savings in their combined state and county permit fees as a result of the delegation. The program delegation also streamlines the permitting process as well as maximizes the impacts of both state and local efforts pursuant to state air rules.

The proposed Air Pollution Control Specific Operating Agreement will have a term of three (3) years from the date of execution by both parties.


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Assistant County Manager