Item Coversheet

Resolutions - C7  T




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:June  7, 2017
 



SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, AND AUTHORIZING THE CITY MANAGER TO EXECUTE, AN INTERLOCAL AGREEMENT BETWEEN ALL CO-PERMITTEES NAMED IN NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT NO. FLS000003 AND MIAMI-DADE COUNTY PROVIDING FOR PERFORMANCE OF PROFESSIONAL SERVICES BY MIAMI-DADE COUNTY; AND ALSO, AS BETWEEN ALL CO-PERMITTEES, PROVIDING FOR IDENTIFICATION AND CONTROL OF POLLUTANT DISCHARGES IN SHARED MUNICIPAL STORM SEWER SYSTEMS; AND, FURTHER, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE CHANGES TO THE SELECTION OF ACTIVITY PARTICIPATION BY CO- PERMITTEES.

ANALYSIS

Water pollution can degrade surface waters making them unsafe for drinking, fishing, swimming, and other activities. The U.S. Environmental Protection Agency’s (EPA) National Pollution Discharge Elimination System (NPDES) permit program addresses water pollution by regulating point sources that discharge pollutants to waters of the U.S. In the State of Florida, the EPA has authorized the Florida Department of Environmental Protection (FDEP) to implement the NPDES stormwater permitting program on its behalf. As the NPDES stormwater permitting authority, FDEP is responsible for issuing Municipal Separate Storm Sewer System (MS4) permits.

 

Stormwater systems are a tool used by cities around the world for managing the runoff from rainfall, reducing the likelihood of flooding, and keeping streets dry. The City operates an MS4 type of stormwater system, meaning the stormwater system is not connected to or combined with the sanitary sewer system. The Miami Beach MS4 is comprised of over 90 miles of pipes that carry rainwater collected from inlets on city streets and discharge it by gravity or using pumps at over 300 outfalls into our waterways and Biscayne Bay.

 

The NPDES permit allows for municipal stormwater discharges as long as they meet water quality standards and implement Best Management Practices that reduce pollutants to the “Maximum Extent Practicable”. To this end, the City is required to have an NPDES permit to operate its stormwater system and to implement a comprehensive stormwater management program that focuses on pollution prevention in order to maintain permit compliance. The City is one of more than 30 co-permittees with Miami-Dade County for NPDES Permit No. FLS000003, covering a combined total of more than 8,000 outfalls throughout Miami-Dade County.

           

At the annual NPDES co-permittee meeting on May 1, 2017, FDEP announced that they will be issuing a new NPDES permit for Miami-Dade County and its co-permittees later this calendar year. Therefore, the County has provided its co-permittees with an updated Interlocal Agreement for execution to supersede the Interlocal Agreement associated with the current NPDES permit on October 1, 2017. The Interlocal Agreement shall expire on September 30, 20122, or until a replacement Interlocal Agreement is executed, whichever is later.

 

The Interlocal Agreement provides for performance of professional services by Miami-Dade County, including monitoring and sampling activities required in NPDES permit and annual reporting of these activities. Additionally, it authorizes the County to act on behalf of the co-permittees in respect to NPDES permit activities and compliance requirements. Furthermore, through the attached Interlocal Agreement, the City, the County and all co-permittees named in NPDES Permit No. FLS000003 will continue previously established relationships and responsibilities for complying with the NPDES permit requirements as it relates to stormwater systems located within the limits of their respective jurisdictions.

 

In exchange for these services, the co-permittee share the cost of reimbursing the County for costs of activities performed over the preceding fiscal year. The costs are based on a percentage rate obtained by dividing the number of outfalls within the jurisdiction of each co-permittee by the total number of outfalls existing within the geographic boundaries of all co-permittees. The City owns approximately 3.8% of the total outfalls and will therefore be charged between $22,000 and $29,000 annually depending on the outcome of negotiations with the County prior to execution of the Interlocal Agreement. The County will bill the City within six months after the end of the fiscal year, for actual amounts expended during the prior fiscal year.


CONCLUSION

The Administration recommends authorizing and approving the execution of an interlocal agreement, in substantially the form attached, among all co-permittees named in NPDES Permit No. FLS000003 and Miami-Dade County providing for performance of professional services by Miami-Dade County, and also between all co-permittees providing for identification and control of pollutant discharges in shared municipal storm sewer systems, and to negotiate and execute changes to the selection of activity participation by co-permittees.

 

 


Legislative Tracking
Environment and Sustainability

ATTACHMENTS:
Description
A: Interlocal Agreement
RESO