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RESOLUTION DIRECTING THE COUNTY ATTORNEY�S OFFICE, ON BEHALF OF MIAMI-DADE COUNTY, TO TAKE ACTION IN THE ADMINISTRATIVE PROCEEDING CHALLENGING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION�S PROPOSED REVISIONS TO ITS WATER-QUALITY STANDARDS [SEE ORIGINAL ITEM UNDER FILE NO. 180013]

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WHEREAS, in the summer of 2016, the Florida Department of Environmental Protection (�FDEP�) proposed revisions to water-quality standards governing drinking water and waters used for recreation, such as swimming and fishing (the �Proposed Rule�); and
WHEREAS, the water-quality standards set forth in the Proposed Rule would allow more contamination of water than is allowed under FDEP�s current water-quality standards; and
WHEREAS, the Proposed Rule would be especially harmful to children and subsistence fishers; and
WHEREAS, Miami-Dade County actively works to ensure the protection of our water supply and has previously raised concerns about FDEP�s proposed change in water-quality standards by passing Resolution No. R-1069-16 on November 1, 2016, which opposed FDEP�s proposed change in water-quality standards and urged the U.S. Environmental Protection Agency to disapprove the proposed change; and
WHEREAS, the Seminole Tribe of Florida, the City of Miami, Florida Pulp & Paper Association Environmental Affairs, Inc., and Martin County each filed a petition with FDEP challenging the Proposed Rule; and
WHEREAS, the petitions are now consolidated into one proceeding before an Administrative Law Judge in the Florida Division of Administrative Hearings, with case numbers 16-4431, 16-4836, and 16-4875; and
WHEREAS, Broward County recently filed a motion to intervene in the consolidated proceeding so that it could raise arguments against the Proposed Rule, and no party opposed Broward County�s intervention; and
WHEREAS, the parties in the proceeding assert a variety of arguments for why the Proposed Rule is invalid; and
WHEREAS, for example, the City of Miami and Broward County argue that there is no justification for lowering water-quality standards when doing so would increase health risks to Florida residents, including the risk of being exposed to greater amounts of carcinogens; and
WHEREAS, residents of Miami-Dade County would be exposed to the greater health risks created by these lower water-quality standards, should the Proposed Rule go into effect; and
WHEREAS, tourism in Miami-Dade County may also suffer, should the State of Florida�s water-quality standards be lowered to allow more contamination of drinking water and recreational waters than is currently allowed; and
WHEREAS, a final hearing in the administrative proceeding challenging the Proposed Rule is scheduled for April 23, 2018, through April 27, 2018; and
WHEREAS, this Board wishes to protect Miami-Dade County�s residents and defend the County�s interests by presenting argument in the administrative proceeding,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board, in furtherance of the Board�s prior position set forth in Resolution No. R-1069-16 regarding the Florida Department of Environmental Protection�s proposed revisions to its water-quality standards, hereby requests that the County Attorney�s Office, on behalf of Miami-Dade County, take action in the administrative proceeding challenging the proposed revisions to water-quality standards. The authority to proceed in any appeals of this proceeding shall require future approval by this Board.