HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-1021
Temp. Reso. 12848
September 14, 2016
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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
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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
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September 14, 2016
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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
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September 14, 2016
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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.
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Temp. Reso. 12848
September 14, 2016
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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