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HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-1021 Temp. Reso. 12848 September 14, 2016 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2016- A9 2, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AFFIRMING THE CITY'S OPPOSITION TO THE DEPARTMENT OF ENVIRONMENTAL PROTECTION'S WEAKENING OF RESTRICTIONS THAT WOULD ALLOW AN INCREASE IN THE RELEASE OF TOXIC CHEMICALS INTO FLORIDA'S WATERS; URGING THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY NOT TO APPROVE THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S NEW RESTRICTIONS; SUPPORTING THE LAWSUIT FILED BY THE SEMINOLE TRIBE OF FLORIDA AGAINST THE DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEP") AND THE FLORIDA ENVIRONMENTAL REGULATION COMMISSION ("FERC") ON AUGUST 5, 2016 TO HALT THE INCREASE OF TOXINS IN FLORIDA'S WATER; OPPOSING ANY EFFORT BY THE DEP OR THE FERC TO OPPOSE THE SEMINOLE LITIGATION; DIRECTING THE APPROPRIATE CITY OFFICIALS TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, THE FLORIDA LEAGUE OF CITIES AND THE BROWARD LEAGUE OF CITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Environmental Protection is Florida's lead agency for environmental management and has obligations that include protecting Florida's air, water, and land pursuant to Chapter 403, Florida Statutes; and WHEREAS, on July 26, 2016, the Environmental Regulation Commission voted to approve a proposal from the Florida Department of Environmental Protection that would Temp. Reso. 12848 September 14, 2016 Page 2 of 5 weaken the restrictions on the allowable levels of more than two dozen toxic chemicals that may be released in Florida's lakes, streams, and coastal waters through revisions to Chapters 62-302 and 62-303 of the Florida Administrative Code; and WHEREAS, the approval of these restrictions would enable oil and gas drilling companies (including fracking operations), dry cleaning companies, pulp and paper producers, nuclear plants, wastewater treatment plants and other waste producers, to increase the amounts of cancer -causing toxins that they release in Florida's waterways; and WHEREAS, the new restrictions include increasing the allowable levels of Benzene in Florida's drinking water, which is a cancer -causing petroleum byproduct used in hydraulic fracking and that has been known to cause leukemia, and increasing the allowable levels of Dioxin, in Florida's water supply that has been linked to cancer, damage to the skin and liver, as well as nervous, immune and reproductive system damage; and WHEREAS, according to the Orlando Sentinel, Florida State Senator Miguel Diaz de la Portilla called for the Environmental Regulation Commission to reconsider its decision stating "I cannot understand how allowing for the increase of not one but multiple known cancer -causing agents in our waterways throughout the state makes any logical sense;" and WHEREAS, according to the Naples Daily News, Dr. Ron Staff, a Tallahassee allergist and immunologist, voiced his opposition to the new standards stating that "the Department of Environmental Protection should be pushing for even more stringent criteria than what we have now rather than trying to weaken them. Your job is to protect Floridians, not to poison us;" and Temp. Reso. 12848 September 14, 2016 Page 3 of 5 WHEREAS, according to the Miami Herald, environmentalists argue that the Florida Department of Environmental Protection's cancer risk measurement would allow for toxin levels that would increase the number of cancer victims to 1 in 100,000 people or in cases of people who eat fish daily, 1 in 10,000, whereas United States Environmental Protection Agency standards allow for toxin levels that could cause cancer in 1 in a million people; and WHEREAS, the standards approved by the Environmental Regulation Commission on July 26, 2016, will now to go to the United States Environmental Protection Agency for final review and approval; and WHEREAS, the City Commission finds that opposing the Florida Department of Environmental Protection's weakening of restrictions that would allow an increase in the release of toxic chemicals into Florida waters is in the best interest of the health, safety, welfare and economics of the citizens and residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2. The City Commission of the City of Tamarac, hereby opposes the Department of Environmental Protection Agency's weakening of restrictions that would allow an increase in the release of toxic chemicals into Florida's waters. The City Commission further supports The Seminole Tribe of Florida in their lawsuit against the Department of Environmental Protection and the Florida Environmental Regulation Temp. Reso. 12848 September 14, 2016 Page 4 of 5 Commission filed on August 5, 2016 to halt the increase of toxic chemicals into the Florida's waters, and rejects any effort by the DEP and/or the FERC to oppose the Seminole litigation. Section 3. The City Commission of the City of Tamarac, hereby urges the United States Environmental Protection Agency not to approve the Florida Department of Environmental Protection's new restrictions. Section 4. The appropriate City officials are hereby authorized and directed to take any and all action necessary to effectuate the intent of this resolution. Section 5. The City Clerk if hereby directed to transmit a copy of this resolution to the United States Environmental Protection Agency, the Florida Department of Environmental Protection, the Broward County Commissioners, the Florida League of Cities and the Broward League of Cities. Section 6. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 8. This Resolution shall become effective immediately upon its passage and adoption. C f Temp. Reso. 12848 September 14, 2016 Page 5 of 5 PASSED AND ADOPTED BY THE CITY CO M SSION OF THE CITY OF TAMARAC, FLORIDA, THIS � DAY OF2016. CITY OF TAMARAC FLORIDA I -kA4W - HARR D SSLER, MAYOR ATTEST: l PATRICIA TEUFEL, CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER DISTI:COMM. BUSHNELL DIST 2: COMM. GOMEZ DIST 3: V/M GLASSER DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: AN#UEL S. GOREN t'114 ATTORNEY