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Agenda 03/23/2010 Item #16C 5 Agenda Item No. 16C5 March 23, 2010 Page 1 of 28 EXECUTIVE SUMMARY Recommendation to approve the submittal of a letter representing Collier County's comments on the United States Environmental Protection Agency's proposed Numeric Nutrient Rule, Docket ID No. EPA-HQ-OW-2009-0596, during the established public comment period. OBJECTIVE: That the Collier County Board of County Commissioners authorize the submittal of the attached letter (Attachment A) representing Collier County's concerns associated with the United States Environmental Protection Agency's (EPA) proposed Numeric Nutrient Rule, under Docket 10 No. EP A-HQ-OW-2009-0596. BACKGROUND: In response to reports provided by various states that nutrients are the leading cause of impairment in lakes and coastal waters and the second leading cause of impairment to rivers and streams, the EP A published the National Strategy for Development of Nutrient Criteria in 1998. That document described the approach that the EPA would follow for developing nutrient standards and working with states and tribes to adopt numeric nutrient criteria as part of state water quality standards. The Florida Department of Environmental Protection (FDEP) has been working with the EP A since 2002 to establish numeric nutrient criteria in Florida. On August 19, 2009, the EPA entered into a phased Consent Decree with the Florida Wildlife Federation, the Sierra Club, the Conservancy of Southwest Florida, the Environmental Confederation of Southwest Florida, and the St. Johns Riverkeeper, committing to sign a proposed rule setting forth numeric nutrient criteria for lakes and flowing waters in Florida by January 14, 2010. Although the FDEP spent seven years working with the EPA to develop numeric nutrient criteria, the EPA assumed responsibility for setting the criteria themselves. Florida currently uses a narrative nutrient standard to guide the management and protection of its waters. Chapter 62-302.530, Florida Administrative Code (FAC), states that "in no case shall nutrient concentrations of a body of water be altered so as to cause an imbalance in natural populations of flora or fauna." The narrative criteria also states that (for all waters of the state) "the discharge of-nutrients shall continue to be limited as needed to prevent violations of other standards contained in this chapter [Chapter 62-302, FAC]. The FDEP has relied on this narrative for many years because nutrients are unlike any other "pollutant" regulated by the federal Clean Water Act. However, the EPA determined that Florida's reliance on a case-by-case interpretation of its narrative nutrient criterion in implementing an othelWise comprehensive water quality framework of enforceable accountability was insufficient to ensure protection of applicable designated uses. As part of the EPA's determination on January 14, 2009, the Page 1 of 4 Agenda Item No. 16C5 March 23, 2010 Page 2 of 28 EP A indicated that it expected to propose numeric nutrient criteria for lakes and flowing waters within 12 months, and for estuarine and coastal waters within 24 months. On January 14, 2010, the EPA released proposed numeric nutrient criteria for Florida, and established a public comment period ending April 28, 2010. Since the release of this proposed rule, the FDEP, the Florida Association of Counties, the Florida Stormwater Association, and municipalities and representatives from the agricultural and utilities industries have raised issue with this rule. Most agree that numeric nutrient criteria are needed and most challenge the science and methodology the EP A applied during the development of the proposed numeric nutrient rule. Most also note the economic burden that will be realized when complying with this proposed rule. To preserve Collier County's right to participate in a challenge of the rule, the county needs to file comments prior to the April 28, 2010 deadline. CONSIDERATIONS: Representatives from Collier County's Public Utilities Division's Water, Wastewater, and Pollution Control Departments; the Transportation Division's Stormwater Management Section; and the Community Development & Environmental Services Division's Engineering, Environmental, Comprehensive Planning, and Zoning Services Department have worked together on a unified review of the EPA's proposed Numeric Nutrient Rule. Each department supports the development of science-based numeric nutrient criteria for Florida's waters that are realistic, appropriate, attainable, practicable, and implementable. The concerns and anticipated impacts summarized below are the results of the unified review. For more detail refer to Attachment B. 1. There are questions regarding the science used in South Florida to develop the numeric nutrient criteria for canals. The FDEP spent seven years and approximately $20 million dollars developing the numeric nutrient criteria for Florida. They proposed criteria for all but south Florida canals. The EP A has developed criteria in less than six months using limited scientific methods. 2. The FDEP published several concerns regarding the EP A's methodology to derive the proposed criteria (Attachment B, Appendix Ill), To illustrate the impacts of the proposed criteria, the FDEP applied the EPA's criteria to benchmark water bodies that represent very low impacts by development and would be considered healthy. Approximately 20% of these waters would fail to meet the EPA's proposed total phosphorus in stream criteria; approximately 25% would fail to meet the total nitrogen criteria; and, 75% would fail to meet the downstream protective criteria. They also identified seven water bodies located in fully protected and publicly owned lands that would fail to meet the EP A's criteria. 3. On February 22, 2010, the Florida Association of Counties submitted a letter to the EPA Administrator (Attachment B, Appendix IV) stating, "...The Florida Association of Counties (F AC) is writing to express concern with the above- referenced [Proposed EPA Numeric Nutrient Criteria Rule] proposed rule. While F AC supports the development of the science-based numeric nutrient criteria, it is Page 20f4 Agenda Item No. 16C5 March 23, 2010 Page 3 of 28 questionable at best as to whether this complex rule can be developed in such a short timeframe in a scientific way, and in a way that properly balances the economic impact with environmental protection." The FAC also states,"...EPA is asking Florida's counties, and thus our tax payers, to shoulder a significant economic burden during a very difficult time." FISCAL IMPACT: These proposed numeric nutrient criteria have far reaching impacts into several different aspects of Collier County Government. I. The number of impaired water bodies within Collier County will increase based on the proposed chlorophyll criteria for canals. This will result in the state setting Total Maximum Daily Load (TMDL) limits on the impaired water bodies, and will significantly increase the costs of the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Phase 11 Stormwater permit (#FLR04E037) operations in Collier County. The county, as the NPDES permit holder, will be responsible for additional stormwater treatment, and for imposing new pollution prevention requirements on development to meet the TMDL. This will add significant costs to the county's stormwater and roadway programs. The Florida Stormwater Association has revised its previous estimate of local government's cost of compliance with the TMDL program of $75 billion (stormwater capital costs only), to be "much, much higher" with the proposed standards (Attachment B, Appendix II). 2. Potable water currently does not meet the proposed criteria and could be considered a nutrient source if discharged to an impaired water body. Nitrogen and phosphorus are added to potable water as constituents of water treatment chemicals to meet established drinking water regulations. In the currently proposed regulation all additions (e.g., irrigation, outdoor use, etc.) to impaired waters are violations. Current treatment processes would need to be significantly modified at a significant capital cost and an increased operations and maintenance cost. 3. Irrigation quality reclaimed water does not meet the proposed criteria and could be considered a nutrient source if discharged to an impaired water body. Permits for discharge or reuse could require reclaimed water to meet the proposed criteria at the "end of pipe." A substantial rate increase would be required to cover capital, operational, and maintenance costs to retrofit facilities to meet the criteria, or to find alternative methods for reclaimed water storage and disposal. Important Information for our Reclaimed Water Customers (Attachment C) will be sent out as approved. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient-JBW. Page 3 of4 Agenda Item No. 16C5 March 23, 2010 Page 4 of 28 GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Collier County Board of County Commissioners authorize the Chairman to sign the attached letter (Attachment A) listing Collier County's concerns associated with EPA's proposed Numeric Nutrient Rule and to submit this letter to EPA during the established public comment period. Prepared By: Ray Smith, Director of Pollution Control & Prevention Department Page 4 of4 Item Number: Item Summary: Meeting Date: Agenda Item No. 16C5 March 23, 2010 Page 5 of 28 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C5 Recommendation to approve the submittal of a letter representing Collier Countys comments on the United States Environmental Protection Agency (EPA) proposed Numeric Nutrient Rule, Docket ID No. EPA-HQ-OW-2009-0596 during the EPAs established public comment period. 3/23/2010 9:00:00 AM Director ~ Pollution Control Date Prepared By Ray Smith Public Utilities Division Pollution Control 3/4/2010 9:01 :57 AM Assistant County Attorney Date Approved By Jennifer White County Attorney County Attorney 3/412010 3:08 PM Approved By Oi rector - Water Date Paul Mattausch Public Utilities Division Water 3/412010 3:54 PM Director - Pollution Control Date Approved By Ray Smith Public Utilities Division Pollution Control 3/4120104:32 PM Date Approved By Mac Hatcher Community Development & Environmental Services Environmental Specialist, Senior Engineering & Environmental Services 3/4/2010 5:37 PM Approved By Date Gerald Kurtz Transportation Division Project Manager, Principal Transportation Road Maintenance 3/5/20109:17 AM Date Approved By Thomas Wides Public Utilities Division Director ~ Operations Support - PUD Utilities Finance Operations 3/51201011:17 AM Director - Wastewater Date Approved By G. George Yilmaz Public Utilities Division Wastewater 3/5/2010 12:23 PM Date Approved By James W. Delony County Attorney County Attorney 3/10/20108:31 AM Approved By OMB Coordinator County Manager's Office Agenda Item No. 16C5 March 23, 2010 Page 6 of 28 Date Office of Management & Budget 3/10/20109:27 AM Date Approved By Jeff Klatzkow County Attorney 3/11/201010:08 AM Date Approved By Randy Greenwald Office of Management & Budget Management/Budget Analyst Office of Management & Budget 3/11/201010:21 AM Approved By Date Mark Isackson Office of Management & Budget Management/Budget Analyst, Senior Office of Management & Budget 3/16/2010 12:33 PM Agenda Item No. 16C5 March 23, 2010 Page 7 of 28 ATTACHMENT A March 23, 2010 Water Docket U.S. Environmental Protection Agency Mail Code: 2822T 1200 Pennsylvania Avenue, NW. Washington, DC 20460 Attention: Docket ID No. EPA-HO-OW-2009-0596 RE: Comments on the Proposed Rule for Water Quality Standards for the State of Florida's Lakes and Flowing Waters Dear Sirs/Madams, This letter provides formal comments by Collier County, Florida, on the above referenced Docket on the United States Environmental Protection Agency's (EPA) proposed rule for water quality standards for the State of Florida's lakes and flowing Waters. While Collier County supports the development of science-based numeric nutrient criteria, staff wishes to express our concems with the proposed rule. Collier County is proud of its unique sub-tropical ecosystems and remarkable estuaries. While it is understood that establishing numeric nutrient criteria will help protect our valuable water resources, it is widely recognized that this proposed rule will have far reaching impacts and place a steep financial burden on local governments to implement and comply with the proposed standards. Collier County supports the development of science-based numeric nutrient criteria for Florida's waters that are realistic, appropriate, attainable, practicable, and implementable. We encourage the EP A to ensure that any rulemaking processes rely upon sound science and include meaningful stakeholder participation. To that end, we echo the concerns that the Florida Department of Environmental Protection (FDEP) published on February 17,2010, on their Web site regarding the methodology used to develop the proposed criteria and estimates of economic impact. We encourage the EPA to work with the FDEP, local governments, and stakeholders to determine best fit criteria that would not be under or over protective ofthe designated uses. We are especially concerned with the methodology being used to develop criteria for the canals in South Florida. The FDEP conducted extensive studies and spent over $11 million to develop phosphorus criteria for the Everglades. During this process, the FDEP recognized the difficulty in establishing criteria that would protect the diverse biological communities while accounting for stressors such as hydrologic modification and naturally low dissolved oxygen regimes. South Florida canals present a similar problem as they are artificial water bodies constructed for the Agenda Item No. 16C5 March 23, 2010 March J3;;l~ID:>f 28 Collier Comments to EP A purpose of flood control. Their biological communities are routinely altered during efforts to maintain their intended purpose and design. This makes it equally as difficult to develop appropriate criteria in a system where biological communities are not sustainable. Furthermore, the EP A also divided South Florida into canal regions based on soil types because the substrate type at the bottom of a canal can influence the nutrient cycling; relationships between the observed biological response; and the total phosphorus and total nitrogen levels. However, these differences in nutrient cycling are not accounted for in the proposed criteria. Because of these differences in geology and morphology, limiting nutrients are different within these canal regions and that should be considered during the development of any numeric nutrient criteria. Based on their artificial nature and differences in morphology, Collier County believes that canals in South Florida would be best assessed for nutrient enrichment using a site specific alternative criteria approach, whereby each water body would be assessed on its own geological, nutrient cycling and hydrologic conditions. Collier County also expresses concern regarding the estimated cost associated with implementing and complying with these criteria. The Florida Stormwater Association estimates that the cost for local governments statewide to comply with the increase number of impaired water bodies through the Total Maximum Daily Load program would increase to well over $75 billion. Florida wastewater utilities will spend an estimated $24.4 to $50.7 billion in capital costs for additional treatment facilities, and will incur an estimated $0.4 to $1.3 billion dollars per year more in increased operating costs (Carollo Engineers). With the current downturn in the economy, this would place undo financial burden on local governments and thereby, tax payers and rate payers. As a matter of perspective, chloramines are used as the primary disinfectant in potable water to maintain compliance with the EPA Disinfectants/Disinfectants Byproducts Rule. A phosphorus- containing chemical is also added to potable water for compliance with the Lead and Copper Rule, 40 CFR Part 141, which regulates the quantities of lead and copper contained in a public potable water supply. In meeting the requirements of the Safe Drinking Water Act, potable water currently would not meet the proposed EP A numeric nutrient criteria if released to the environment. If the proposed standards are implemented, drinking water will be considered a nutrient source. Please accept these comments as our official position on the EPA's proposed rule for water quality standards for the State of Florida's lakes and flowing waters. Respectfully, Fred W. Coyle Chairman, Board of County Commissioners Collier County, Florida Page 12 of2 Agenda Item No. 16C5 March 23, 2010 Page 9 of 28 ATTACHMENT B EPA's Proposed Numeric Nutrient Criteria (40 CFR Part 131.43) Docket ID No. EPA-HQ-OW-2009-0596 Pre parers of this document support the development of science-based numeric nutrient criteria for Florida's waters that are realistic, appropriate, attainable, practicable, and implementable. We encourage the United States Environmental Protection Agency (EP A) and the Florida Department of Environmental Protection (FDEP) to ensure that any rulemaldng processes rely upon sound science and include meaningful stakeholder participation. The following summary lists anticipated impacts and evaluates the proposed Numeric Nutrient criteria to determine if they are realistic, appropriate, attainable, practicable, and implementable in Collier County. These comments were prepared with input from the Public Utilities Division's Water, Wastewater, and Pollution Control departments; the Transportation Division's Stormwater Management department; and, the Community Development & Environmental Services Division's Engineering, Environmental, Comprehensive Planning, and Zoning Services Department. The complete comments, anticipated impacts, and concerns can be found in Appendix I. As there are broad based concerns with the potential financial and operational impacts of these proposed criteria, we respectfully request that you consider seeking Board approval to offer comments to EP A. Anticioated Imoacts: 1. The number of impaired water bodies will increase within Collier County based on the proposed chlorophyll criteria for canals. This will result in the state setting Total Maximum Daily Load (TMDL) limits on the impaired water bodies. This will significantly increase the cost to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Phase II Stormwater permit (#FLR04E037) operations in Collier County. The NPDES permit holder will be responsible for additional treatment to meet the TMDL. This will add significant costs to the county's stormwater and roadway programs. Appendix II provides the general comments from the Florida Stormwater Association regarding the EP A's proposed criteria. 2. Potable water currently does not meet the proposed criteria and could be considered a nutrient source if discharged to an impaired watershed. Nitrogen and phosphorus are added to potable water as constituents of water treatment chemicals to meet established drinking water regulations. In the currently proposed regulation all additions (e.g. irrigation, outdoor use, etc.) to impaired waters are violations. Current treatment processes would need to be significantly modified at a significant capital cost and an increased operations and maintenance cost. Page 1 of 18 Agenda Item No. 16C5 March 23, 2010 Page 10 of 28 3. Irrigation quality reclaimed water does not meet the proposed criteria and could be considered a nutrient source if discharged to an impaired watershed. Permits for discharge or reuse could require reclaimed water to meet the proposed criteria at "end of pipe," A substantial rate increase would be required to cover capital, operational, and maintenance costs to retrofit facilities to meet the criteria, or to find alternative methods for reclaimed water storage and disposal. Important Information for our Reclaimed Water Customers will be sent out as approved by the Collier County Board of County Commissioners. Proposed Criteria are not realistic, appropriate. attainable. practicable. and implementable: 1. There are questions regarding the science used in South Florida to develop the nutrient criteria for canals. The FDEP spent seven years and -$20 million dollars developing the numeric nutrient criteria for Florida, and were unable to formulate scientific methods to accurately develop defensible numbers for South Florida canals. EP A has developed criteria in less than six months using unverified scientific methods. 2. FDEP has published several concerns regarding EPA's methodology to derive the proposed criteria (see Appendix III). To further show the impacts of the proposed criteria, FDEP applied the EP A's criteria to benchmark water bodies that represent very low impacts by development and would be considered healthy. Approximately 20% of these waters would fail to meet EP A's proposed total phosphorus in stream criteria; -25% would fail to meet the total nitrogen criteria; and, 75% would fail to meet the downstream protective criteria. They also identified seven water bodies located in fully protected and publically-owned lands that would fail to meet EPA's criteria. 3. The Florida Association of Counties submitted the following in a letter (Appendix IV) to the EPA Administrator, "...The Florida Association of Counties (FAC) is writing to express concern with the above-referenced [Proposed EP A Numeric Nutrient Criteria Rule] proposed rule. While FAC supports the development of the science-based numeric nutrient criteria, it is questionable at best as to whether this complex rule can be developed in such a short timeframe in a scientific way, and in a way that properly balances the economic impact with environmental protection". Considerations: I. The county can only preserve its rights by filing its own written comments prior to the April 28, 2010, deadline. 2. Within the proposed rule, EP A solicits public comment on these criteria and their derivation. Page 2 of 18 Agenda Item No. 16C5 March 23, 2010 Page 11 of 28 APPENDIX I Collier Countv Public Utilities. Communitv DeveloDment and Environmental Services and TransDortation Division Comments EPA's Proposed Numeric Nutrient Criteria (40 CFR Part 131.43) Docket ID No. EPA-HQ-OW-2009-0596 Table of Contents Anticivated 1mvacts: ~ Pollution Control & Prevention Department ................................................ ..... 2 CDES - Engineering & Environmental Services .............................................. 2 PUD - Water Department ......................................................................... ..... 2 PUD ~ Wastewater Department .................................................................. ..... 2 Transportation ~ Stormwater Department ......................................................... 4 Criteria Must Be Realistic Pollution Control & Prevention Department ................................................ ..... 7 CDES - Engineering & Environmental Services .......................................... .... 7 PUD - Water Department ..................................................................... .... ..... 8 PUD - Wastewater Department .................................................................. ..... 8 Transportation ~ Stormwater Department ......................................................... 8 Provosed Criteria Must Be Avvrovriate Pollution Control & Prevention Department ................................................ ..... 9 CDES - Engineering & Environmental Services .............................................. 9 PUD - Water Department ......................................................................... ..... 9 PUD - Wastewater Department .................................................................. ..... 9 Transportation ~ Stormwater Department ......................................................... 9 Provosed Criteria Must Be Attainable Pollution Control & Prevention Department ..................... ........................... ..... 10 CDES - Engineering & Environmental Services .................. .................. .......... 10 PUD- Water Department .................. ........................................................... 10 PUD - Wastewater Department .................................................................. ..... 10 Transportation - Storm water Department ......................................................... 10 Provosed Criteria Must be Practicable Pollution Control & Prevention Department ................................................ ..... 11 CDES - Engineering & Environmental Services .............................................. 11 PUD - Water Department ......................................................................... ..... 11 PUD - Wastewater Department ............ ............................................... ..... 11 Transportation ~ Stormwater Department ..... ................................................... 11 Provosed criteria Must Be 1mvlementable Pollution Control & Prevention Department ................................................ ..... 12 CDES - Engineering & Environmental Services .......................................... .... 12 PUD - Water Department ..............................................._......................... ..... 12 PUD - Wastewater Department .................................................................. ..... 12 Transportation - Stormwater Department ......................................................... 13 Page 3 of 18 Agenda Item No. 16C5 March 23, 2010 Page 12 of 28 Anticioated Imoacts: Pollution Control & Prevention Department: . The number of impaired water bodies will increase within Collier County, if EPA's proposed Numeric Nutrient Rule is adopted. This will result in State setting "Total Maximum Daly Load (TMDL) limits on the impaired water body(s), and the State developing a Basin Management Plan (BMAP), which the County will have comply with. CDES - Engineering & Environmental Services: . The number ofWIBDs (water body identification) that are declared impaired is likely to increase significantly. This will increase the cost of the NPDES MS4 operations to Collier County. PUD - Water Department: . Two of the regulated chemicals in the Numeric Nutrient Rule are added to potable water as constituents of water treatment chemicals, nitrogen and phosphorus. The introduction ofthese two chemicals to the watershed through the use of potable water for outdoor uses, including irrigation, and through residuals in wastewater, while in relatively small quantities in the potable water supply, could be considered to be contributors to the total nutrient loading in the watershed. PUD - Wastewater Department: . Scenario One-Most Probable: Class 111 Waters will remain interpreted as currently permitted, affecting the wastewater reclaimed water program solely at the five ponds (approximately 1.58 MGD), that are currently permitted to intermittently outfall into waters of the state. The probable rating due to email from Shanin Speas-Frost, FDEP Water ReuselWastewater Wetlands Coordinator, "My understanding is that the EPA nutrient limits will apply to direct discharges to surface waters - our NPDES facilities. Reusefacilities may be tied in through the BMAPITMDLprocess; however. it gets more complicated because geology, groundwater, topography, etc, all come into play. Also, Rule 62-610.850, F.A.C., allows the Department to apply necessary limits to the reclaimed water to protect downstream surface waters !f there is a known source of reclaimed water getting directly into nearby surface waters either hydrologically, through surface runoff, overloading, etc., or by underdrains that shunt the reclaimed water directly to the surface water. This doesn't happen often, however." If this scenario proves correct, some options include: Refrain from providing reclaimed water to five ponds at three sites. Allowable under current contract/user agreements. "Excuse from performance by governmental acts." If for any reason during the term of this agreement, local, state or federal governments or agencies shall fail to issue necessary permits, Page 4 of 18 Agenda Item No. 16C5 March 23, 2010 Page 13 of 28 grant necessary approvals, or shall require any change in the operation of the treatment, transmission, and distribution systems or the application and use of effluent, then to the extent that such requirements shall affect the ability of any party to perform any of the terms of the agreement, the affected party shall be excused from the performance thereof and a new agreement shall be negotiate, if possible, by the parties hereto in conformity with such permits, approvals, or requirements. However, nothing shall require User or District to accept any new agreement if it substantially adds to its burdens and obligations hereunder." Build/retrofit wastewater reclamation facilities to produce reclaimed water that meets proposed criteria. Currently, there are 160 membrane filtration wastewater treatment plants worldwide. Carollo Engineers estimate capital costs of $134 million to upgrade ~ 10 million gallon per day (MGD) water reclamation facility. Collier County has two water reclamation facilities, the North permitted at 30.6 MGD, and the South, permitted at 16.0 MDG. . Collier County currently serves 58,300 sewer customers who would be affected financially by the proposed criteria. A substantial rate increase would be required to cover capital, operational, and maintenance costs. Build/retrofit wastewater reclamation facilities that are capable of post treating reclaimed water for the five ponds that may discharge into waters of the state. Only post treat water that would end up in the applicable five ponds. This would require treatment methods described above as well as new infrastructure to avoid "contamination" with the non-post treated water. Find alternative storage and/or supplemental sources for the five ponds, i.e. mule pen supplemental raw water wells which will require daily monitoring, operations, and maintenance, additional storage tank(s), additional pressure distribution lines may be optional for one site. . Scenario 2-Possible-Class III Waters literally interpreted as all water on the surface of the earth that can maintain aquatic life. Enforcement would most likely occur at the original point of discharge, in this case, the NCWRF and SCWRF in the form of permitting requirements. Options for this scenario include: Build/retrofit wastewater reclamation facilities to produce reclaimed water that meets proposed criteria. Currently, there are only 160 membrane filtration wastewater treatment plants worldwide. Carollo Engineers estimate capital costs of $134 million to upgrade one 10 million gallon per day (MGD) water reclamation facility. Collier County's has two water reclamation facilities, the North permitted at 30.6 MGD and the South, permitted at 16.0 MDG. Collier County currently serves 58,300 sewer customers who would be affected financiall y by the proposed criteria. A substantial rate increase would be required to cover capital, operational, and maintenance costs. Refrain from distributing any reclaimed water. Both WRFs are permitted to deep inject (into Class IV). NCWRF is permitted to treat 30.6 MGD of raw influent Page 5 of 18 Agenda Item No. 16C5 March 23. 2010 Page 14 of 28 and deep inject 38.0 MGD for treated water. SCWRF is permitted to treat 16.0 MGD of raw influent and has 36.65 MGD injection well capacity. Chemical and electrical costs will be similar for reclaimed vs. deep injection. Funds will be saved in reclaimed distribution system infrastructure and maintenance. Please note, this option will increase potable water demands, in FY2009, reclaimed water met 30% of all water dernand in Collier County. This option also contridicts water conservation requirments and best management practices. Direct land application (pressure distribution system) or alternative storage such as ground storage tanks, lined ponds would not be an option if operating permits require all reclaimed water to meet criteria. . Scenario 3-Unlikelv-Reuse ponds reclassified into a lower use category (Class III- Limited). Reclassification requires the petition of at least one Site Specific Alternative Criteria (SSAC). The SSAC application fee is $15,000. Applicant must supply sound data validating SSAC application. Reclaimed pond discharged to State waters, will have to meet downstream nutrient criteria, regardless of its own classification. In the 5 ponds that outfall to State waters, it would be difficult to determine the loading of nutrients from other sources. Transportation - Storm water Department: . The Numeric Nutrient Concentrations (NNC) proposed by EP A would put the County in the position of being out of compliance with its federal NPDES MS4 Phase II Stormwater permit (#FLR04E037). Note: The NPDES acronym represents the National Pollutant Discharge Elimination System and the MS4 acronym represents the Municipal Separate Storm Sewer System. The MS4 permit is a non-point source permit. Unlike an Industrial NPDES permit, which regulates stormwater effluent discharged from one facility (point source), the NPDES MS4 permit regulates stormwater effluent from the entire public stormwater management system (MS4). The MS4 permit makes the County responsible for water entering its MS4 from all sources except facilities with an Industrial NPDES permit. Due to the "catch-all" nature of an MS4 and the large area that drains to it, an MS4 with impaired water quality has far reaching, long term effects for the County stormwater and roadway programs, but also for existing and future development, which represent non-point sources of pollution to the MS4. . The proposed NNCs represent a highly significant concem in that many of our MS4 waters would be considered impaired and the nature of the impairment is not correctable with known methods. Nevertheless, it is likely that the County would be required to phase in remedial controls to attempt some level of compliance Page 6 of 18 Agenda Item No. 16C5 March 23, 2010 Page 15 of 28 determined by EP A. The financial impact can only be assessed as the level of compliance is known. The level of compliance could continue to rise toward full compliance, also determined by EP A. Even a partial degree of compliance with EPA's proposed NNCs in Collier County will demand a financial obligation many times the current funding for the county stormwater management program that now consists of a capital improvement program and an NPDES MS4 program. Controls the County has in place that would need to be enhanced include: Retrofit of existing stormwater management facilities for more water treatment Increased operation and maintenance procedures and reporting for roadway and drainage facilities Increased water treatment capacity for new roadway and stormwater management capital projects New controls that add cost to the County road and stormwater activities may include: New operation and maintenance of county drainage facilities New stormwater quality monitoring and reporting within the MS4. This type of monitoring would be many times the cost of current ambient water quality monitoring performed by the County. In addition to expansion of the existing capital program (which deals mainly with treating stormwater in the MS4), there would be a need for enhanced controls to prevent polluted stormwater from entering the MS4 from non-point sources. New controls may include programs with ongoing expense to the County to manage, and for private parties to comply with. Examples include: New County regulation and enforcement of private stormwater systems, including o requirements to monitor and report quality and quantity of discharge, o stormwater management system maintenance and reporting, o retrofit for increased water treatment capacity New County regulation and enforcement of fertilizer New County regulation and enforcement of landscape New County regulation and enforcement of re-use irrigation water (possibly discontinued use) New County regulation and enforcement of agriculture discharges to the MS4 There is currently no known federal or state grant money available for these types of controls. Since the proposed NNCs could not be fully met with all of these controls in place, they would be subject to progressively increased levels of implementation depending on EPA's opinion of the effects that a control is having toward the MS4's compliance. Page 7 of 18 Agenda Item No. 16C5 March 23, 2010 Page 16 of 28 Criteria Must Be Realistic Pollution Control & Prevention Department: . Proposed chlorophyll criteria for canals (4.0 . glL) are much lower than criteria proposed for colored, alkaline lakes (20 . glL). The canals in Collier County are also highly colored (average 75 pcu), alkaline water bodies (average 207 mglL) and are not flowing waters when the weirs are closed. During the drv season when little surface runoff is entering the canals and other than percolation and evaporation little water is leaving the canals, these canals are acting as long lakes. There is not any data presented to support negative impacts at a chlorophyll concentration of < 20 ugll. EP A should consider this when evaluating their chlorophyll criteria for the South Florida Canals. . For lake methodology, EP A used the response variable of chlorophyll and showed good evidence to support the fact that cWorophyll levels are predictable based on nutrient inputs. EP A could not use this same response variable in flowing waters and deferred to turbidity and water transparency as the response variables for nutrient inputs. EP A should take under consideration that canals also flow during the rainv season and consider this when re-evaluating the chlorophyll criterion (4.0 . glL) established for South Florida Canals. CDES - Engineering & Environmental Services: . EPA's proposed numeric nutrient criteria are not based on a causal relationship. They are based on the assumption that the concentrations found in canals that have limited anthropogenic land uses and are not designated as impaired represent background "natural" conditions. And that averaging the lower 75 % of the nutrient concentrations will provide a number that is protective of all waters from excessive nutrients. I do not disagree that this number would likely be protective, I am concerned that in many instances this is over-protective and will cause businesses, industries, farmers, and local governments to implement studies and or fixes for systems that don't have biological imbalances caused by nutrients that are higher than the criteria. Regulatory criteria should be based on a causal relationship. There needs to be a demonstration that the standard is indicative of adverse conditions due to nutrients. . EP A's approach assumes that the lack of development and no impairment designation represents natural conditions. They do not consider the dense exotic aquatic plant communities that thrive in most of south Florida canals. The exotic plants can contribute to the removal of nutrients and sediments and affect chlorophyll concentrations through the removal of nutrients and by physically blocking light penetration. However, in developed areas where flooding conditions that adversely affect private property are likely to occur the aquatic plants are controlled (usually with herbicides) and may result in favorable conditions for algae (higher chlorophyll concentrations in the water colunm) and higher nutrients particularly if sampling occurs shortly after exotic plant control activities.a Page 8 of 18 Agenda Item No. 16C5 March 23, 2010 Page 17 of 28 PUD - Water Department: . The Collier County Water-Sewer District (CCWSD) uses chloramines as the primary disinfectant of the potable water supply; chloramines are formed when chlorine reacts with ammonia, both of which are added to the water during the water treatment process. Chloramines are used as an alternative to free chlorine to inhibit the production of trihalomethanes in the public water supply system (trihalomethanes, known to be carcinogenic, are formed when free chlorine is used to disinfect a water supply containing hydrocarbons, naturally occurring organic compounds in the source water. . The CCWSD also uses a phosphorus-containing blend of chemicals for the stabilization of the potable water supply. Addition of the phosphorus-containing chemical as a corrosion inhibitor produces a less aggressive, stable water, protecting pipe and plumbing . fixtures that come in contact with the water. . USEP A should give consideration to establishing standards that will not impact the use of potable water that meets all USEP A Standards for drinking water, for outdoor purposes, including the use of potable water for irrigation. PUD - Wastewater Department: . Wastewater treatment facilities in Florida using tertiary advanced wastewater treatment cannot meet proposed criteria in treated reclaimed water. Transportation - Storm water Department: . Any cost of compliance must be balanced against the benefits that will result from the high level of community involvement. The MS4, as the collection point for surface and near-surface stormwater runoff from large portions of the county, the volumes of water to be treated to an extent approaching the proposed NNCs cannot be accomplished with known methods. It is likewise unfeasible that private stormwater management systems (PUDs) throughout the county that discharge to the MS4 will be able to meet the proposed NNCs. Page 9 of 18 Agenda Item No. 16C5 March 23, 2010 Page 18 of 28 Proposed Criteria Must Be Appropriate Pollution Control & Prevention Department: . EPA needs to ensure that the Numeric Nutrient Criteria are appropriate and achievable for the type of water body it is attempting to protect. EP A should revisit the rnethodology used to establish Numeric Nutrient Criteria for the South Florida Canals. CDES - Engineering & Environmental Services: . FDEP has developed reference streams that represent very low impacts by development and consistently high scores for their stream condition index. Approximately 20 % of these waters would fail to meet EPA's proposed in stream criteria and 75% of these would fail to meet the downstream protective criteria (FDEP 2010). . The total rlltrogen concentration proposed for south Florida canals is likely too high to protect canals in south west Florida. FDEP set TMDLs for several canals and canal/ stream water bodies in 2007 for total nitrogen at 0.74 mgll. PUD ~ Water Department: . The addition of both water treatment chemicals (chloramines, which contain nitrogen, and phosphate-based corrosion inhibitor, which contains phosphorus) exhibit current best practices in the industry, and both chemicals are used widely for potable water treatment in Florida. A disinfectant residual in the potable water delivered to the customer's tap is a requirement ofthe Safe Drinking Water Act as administered through the State of Florida, a primacy state, in Florida Administrative Code. The production of a stable water supply is also required in order to maintain compliance with the USEP A Lead and Copper Rule. PUD - Wastewater Department: . Implementation of numeric nutrient criteria will reduce or eliminate reclaimed water use, resulting in increased use of potable water supply. This is inconsistent with 403.064(1) and 373.250(I)F.S. "which establish the encouragement and promotion of water conservation and reuse of reclaimed water as state objectives and state that water conservation and reuse are in the public interest" . Implementation of numeric nutrient criteria will reduce or eliminate reclaimed water use, contradicting nutrient reduction resulting from land application of reclaimed water. Transportation - Storm water Department: . The downstream protection overlay approach, combined with the requirement that MS4 discharges achieve end-of-pipe compliance with the proposed NNCs, effectively precludes the development of more cost effective regional treatment facilities. Page 10 of 18 Agenda Item No. 16C5 March 23, 2010 Page 19 of 28 Proposed Criteria Must Be Attainable Pollution Control & Prevention Department: . Considering that the proposed Numeric Nutrient Criteria will increase the number of impaired water bodies and that it will take time, funding and resoUrces for the local government to comply, EP A should consider establishing a realistic attainable compliance target date. CDES - Engineering & Environmental Services: . The criteria must be effective and attainable. EP A should consider allowing a time schedule to allow existing permitted facilities to come into compliance or different solutions. PUD - Water Department: . Given the expanse of the potable water distribution system, the use of a long-lasting, effective disinfectant that is capable of maintaining a compliant residual is essential to protecting public health and safety; there are no cost-effective alternatives to the use of chloramines as a primary disinfectant. . Given the current use of alternative water supply (brackish water) and the use of reverse osmosis water treatment processes and the necessity to produce a stable potable water supply, it is unlikely that a cost-effective best-practices alternative to the use of a phosphate-based corrosion inhibitor can be implemented. PUD - Wastewater Department: . Criteria are not attainable with current technology or within given timelTame. Carollo Engineers have proposed a micro filtration/ reverse osmosis system that may produce reclaimed water that meets proposed criteria. Carollo Engineering also estimates that type of system will cause the average sewer customer in Florida an increase of $673 annually. This type of system cannot be designed and constructed on or prior to the EP A October 15, 2010 deadline for adopting numeric nutrient criteria. Transportation - Storm water Department: . The proposed NNCs do not incorporate consideration of a limiting nutrient. The expense of additional stormwater treatment facilities to reduce non-limiting nutrients would not produce measurable benefits to the environment or community. Page 11 of 18 Agenda Item No. 16C5 March 23, 2010 Page 20 of 28 Prooosed Criteria Must be Practicable Pollution Control & Prevention Department: . EP A should take time to re-evaluate the chlorophyll criterion set for South Florida Canals. EPA should consider comparing the methodology they applied when establishing the proposed Lakes and Streams criterion, with the methodology used to establish the proposed chlorophyll criterion set for South Florida Canals. Canals are manmade systems that are designed to control flooding and to recharge Florida's aquifers, which also help prevent salt water intrusion. Canals can be long lakes during the dry season because the water within the canal is being managed by storm water structures (i.e, weirs) and flow during the rainy season or when the weir is opened. CDES - Engineering & Environmental Services: . EP A should take the time necessary to evaluate and determine nutrient concentrations that cause nuisance conditions in south Florida canals. The operational conditions necessary to maintain functionality of the canals affect biological conditions. Aquatic plant control for flow maintenance requirements, are necessary to maintain their designated use yet these conditions may affect water quality. FDEP is evaluating altering the use classification system to recognize these factors. EP A has not even considered them. PUD - Water Department: . Chloramines are used as the primary disinfectant to maintain compliance with the United States Environmental Protection Agency (USEP A) DisinfectantslDisinfectants Byproducts Rule. The phosphorus-containing chemical is added for compliance with the USEP A Lead and Copper Rule, 40 CFR Part 141, which regulates the quantities of lead and copper contained in a public potable water supply. . USEP A should closely review the proposed Numeric Nutrient Standards and give consideration to the potential impact of the standards on other USEP A regulations, including the Safe Drinking Water Act, the Disinfectants and Disinfection By-Products Rule, and the Lead and Copper Rule. PUD - Wastewater Department: No comment received Transportation - Storm Water Department: . Stormwater conveyances and urban ditches would often be required to meet water standards set for "swimmable and fishable" streams, lakes and rivers. Page 12 of 18 Agenda Item No. 16C5 March 23, 2010 Page 21 of 28 Prooosed criteria Must Be Imolementable Pollution Control & Prevention Department: . Considering that the proposed Numeric Nutrient Criteria will increase the number of impaired water bodies, EP A should consider establishing a process where the regulated community could submit a phased approach, where resources can be first focused on remedying those impaired water bodies that have the greatest impact on the environment. CDES - Engineering & Environmental Services: . IF EP A adopts these criteria it appears there will be a large increase in impaired waters. EP A should include provisions to prioritize waters that cannot meet these criteria. Targeting the worst conditions first would allow additional time to investigate causal relationships and limit spending to truly impaired waters. PUD - Water Department: . There are very few alternatives to the use of chlorine/chloramines as a primary disinfectant, and the use of alternative disinfectants still require the maintenance of a chlorine/chloramine residual at the customers tap. Ozone is a typical alternative disinfectant; the addition of ozone to the current treatment processes would be expensive both in capital investment and in operation and maintenance expenses. And, as previously stated, chlorine would still need to be used to produce a disinfectant residual, but the change in treatment regime would potentially eliminate the use of ammonia, thus eliminating the additional nitrogen loading in the watershed. . Phosphate-based chemicals (containing phosphorus) are widely used as corrosion inhibitors. The addition oflime (calcium oxide), hydrated lime (calcium hydroxide), silicates, soda ash (sodium carbonate), and/or sodium hydroxide are alternatives; however, current treatment processes would need to be significantly modified at a significant capital cost and an increased operation and maintenance cost. The change in treatment regime could potentially eliminate the use of phosphate compounds for corrosion control, thus eliminating the additional phosphorus loading in the watershed. PUD - Wastewater Department: . Compliance schedule and compliance sites (points of discharge) for wastewater facilities and reclaimed water are unclear. Transportation - Storm Water Department: . Collier County has spent approximately $68 million dollars on about 30 stormwater capital projects over the last 3 years, most of which have substantial stormwater quality improvement elements in their design. This does not include the roadways built over the Page 13 of 18 Agenda Item No. 16C5 March 23, 2010 Page 22 of 28 last 10 years that required enhancements for stormwater treatment adding tens of millions of dollars to their cost. In contrast, the EP A currently contributes about $9 million annually to the entire State of Florida ("319 grants program") for stormwater treatment projects with no guarantee of funding from year to year. . The proposed criteria will significantly increase county permitting workload complying with state and federal regulators and enforcing new county permit requirements for PUDs. Page 14 of 18 Agenda Item No. 16C5 March 23, 2010 Page 23 of 28 APPENDIX II Florida Storm water Association's General Comments EP A' s Proposed Numeric Nutrient Criteria (40 CFR P/lrt 131.43) General Comments Prepared by the Florida Stonnwam Association I.a14enhrp iD S_ M/m4gmIcJIf Im4 Ulilitia Anticipated Impacts . It "PP""" !bat the po4eDtiaIlIIDDbe< aE TMDLs will iaaeose by at leost 1~_ The_ impo<t may be maR! sipIiliamt ....,. EPA _ KIeatifiod _ ~ p<c>IBDan val.... im!P. . Gmm EPA'...... row. em ...-.maNe.....p;.m.e. im M54s, !be impIomomb.fum bunion at M54s coaId iDcnoue 5ipiIio:.mtiy p..... Ibe caaent I"~ (at cmapIiomm with lDDIII!ric.tondords at 011 Idnds) _ is pv..n to....... ~ . The cost to M54s will be pn>pcIriimW to thR dapee to _ M54s "'" hold _ within ..,), penmt.,.,.. Wbomos!be Plmida BMAPs .... ~ hued an a 15-J""'< impI.emmdatian period (three 5--J""'< MS( _ periods) with eqoaI alIoadians in ....:h period. the ""1"-.;",,- _will be~ by EPA "'" loq;eIy...ua.....nat Ibis point, aIlhoush a..... ........ to be ............... to add mud. """" detail to MS( p<nnits - paWbly ~ beyand !be Maximum I!xEt PracIK:abIe (MI!P) pdiI:y as ....- in the aeon Waler Act. . EPA'. mquiz....-ts at (1) 011 MS( penmt ...-.Is to be .u......- with the ~ at~.- foo: opplicabl& nmLs" ond (2J 'n.M54s to develop a TMDL impIomomb.tilln plan that _ _ coatroI """"""'" thR MS( will implement to odd.... !be WI.A within the Ism at the pemm'" will have ~ ~ foo: FIoD.da MS4s. FDEP _ aJn.dy _ two chaft pemms ~ ond JaclcsanviIle) feoain; an objedianim_Fapedy ~ TMDI... . It appeas that EPA'. ~ far -lIxiD&. _ em !be Law.. St. JoIms Rive< TMDLs ond BMAPs. will be madt""",,~. . EPA rules will Iiblyresultin~_ _at_aler~_ imp8ind waw,; m Udo SauthFloD.dacauals thahz.......dim 'recIaim2d' pwpases. . In _ to !be Iaog-hmn costs atoonstruclion. """"""'" ond~at sbmmvateI: _!.cilmes. M54s ~ to.... sigli&>mt _ in ~..... siDce 'lO'I> at !be costs aEPDEP'. ~_.... r..e-fuwIed. . n..r.fono FSA'. _ _ at IacaI ec>v1!mDII!Id'. cost of ~ Islmmwater cmmal casts anlvl 'With tm. TMDL mot!DDIl ofm hiDicm will De _1.. IIrDI"1I .......1.- --rj--- GJ!NI!ULCClUII!Jrn'S ORBPA,. Paa.tosBD N't:II.mU:NtrDIl!HTaIIDIA. Agenda Item No. 16C5 March 23, 2010 Page 24 of 28 APPENDIX III FDEP'S Main Concerns with the Environmental Protection Aeencv's Proposed Numeric Nutrient Criteria for Florida's Lakes and Flowine Waters published Januarv 26.2010 Prepared by the Florida Department of Environmental Protection February 17, 2010 EP A's stream criteria for protection of downstream estuaries are not scientifically valid . Proposed criteria are based on inappropriate application of USGS' SPARROW model . USGS acknowledges that model not applicable in areas with significant groundwater inputs, which includes much of Central and Northeast Florida (in addition to South Florida) . Site-specific determination of Downstream Protection Values (DPV) not appropriate given that model was calibrated at regional scale and given coarse hydrology . Model estimates of in-stream nitrogen losses are too low due to error caused by lack of nitrogen loading from all sources and inaccurate stream velocities . Method to determine allowable load is not scientifically valid . Presumes all Florida estuaries are impaired, and existing data and research demonstrates this to not be accurate . Target established for protection of coastal waters is arbitrary based on mid-point between current loads and oversimplified calcuiation of background loads . Resultant DPVs are more stringent than necessary . Over 80% of DEP's "reference" or pristine sites exceed the criteria and would be deemed impaired . Initial assessments by FDEP suggest the in-stream criteria are inherently protective of downstream waters making it un-necessary to have independent downstream protection values. EP A's Application of "Reference Approach" for stream criteria is not appropriate . EPA did not fully acknowledge basic limitation of "reference approach", that there is no link between criteria and impairment (no "dose-response" relationship) . Should require biological validation before listing as impaired and should provide clear SSAC process . EPA's regionalization for Bone Valley is too large, and criteria are not adequately protective for some areas in the Tampa Bayarea . EPA's selection criteria for reference waters focus solely on whether aquatic life use in the stream is attained. The Department's more stringent selection process, which excluded sites with potential anthropogenic sources of nutrients, provided additional assurance that the criteria are inherently protective of downstream waters . Given that all sites have been demonstrated to meet aquatic life use support, EPA should either set the criteria at a higher percentile (i.e., 90th), rather than 7Sth, or require biological validation before declaring impairment . 3S% of Florida's most pristine surface waters will fail EPA's proposed in-stream criteria Page 16 of 18 Agenda Item No. 16C5 March 23, 2010 Page 25 of 28 EPA's Nitrate-Nitrite Criterion for Springs is not adequately protective . EPA's criterion is based on DEP's draft criterion, but EPA changed expression from monthly value to annual geometric mean . Not consistent with the timeframes of observed biological effects contained in the studies used to derive criteria . Biological impacts could occur for months without exceedances of criteria EPA's Chlorophyll a Criteria for clear, acidic lakes is not linked to a biological response . Criterion designed to maintain natural background, rather than preventing biological impairment . Proposed alkalinity threshold of 50 mg/L CaC03 that defines clear, acidic lakes includes many lakes with naturally higher chlorophyll a values EPA's method to establish stream criteria for Protection of Downstream Lakes is too simplistic . Equation is too simplistic as it does not include settling terms or other sources of nutrients to lakes like groundwater and atmospheric deposition EPA's Chlorophyll a Criteria for South Florida Canals is not appropriate . Not clear what biological community the criteria are designed to protect . Chlorophyll in the water column is not an appropriate indicator of algae growth in canals due to the unique dynamics of algae in canals. . No relationship between proposed criteria levels and biological response in canals . Should require biological validation before listing as impaired and should provide clear SSAC process EPA's estimate of economic costs is inadequate . EPA inappropriately used DEP's draft criteria to establish baseline costs . DEP's criteria were never adopted . EPA's estimate of incremental costs ($5 to 10 million) is a gross underestimate given how much lower the proposed downstream protection values are than DEP's draft criteria . EPA's estimate of baseline and incremental costs much too simplistic . Assumed that entities would be granted variances or receiving waters would be downgraded, which is not likely . Criteria are not achievable for domestic wastewater, and will require alternative disposal methods . If reuse systems are chosen as an alternative, they would need to have a back-up surface water discharge or deep-well injection . EPA's analysis seems dependent on their statement that "rule does not establish any requirements directlv applicable to regulated entities or other sources of nutrient pollution", which is clearly misleading Page 17 of 18 FA~ FLORIDA ASSO(:lA'fION OF COUNTIES - All About Florida IIIU Will lAM:; \j<'1INl, Vi. I 1'11I.'i1,1 ~I (.,1111 (:)lltISTUI'IIIR L. HOlu.y IXI.\lIJWI DIIHCIUI\ 80 YEARS ---.-------- 11)29.2009 Agenda Item No. 16C5 March 23, 2010 Page 26 of 28 APPENDIX IV Letter from the Florida Association of Counties to EP A February 22, 2010 The Honorable Lisa Jackson Administrator United States Environmental Protection Agency 1200 Pennsylvania Avenue, NW Washington, DC 20460 Re: Proposed EPA Numeric Nutrient Criteria Rule Dear Administrator Jackson, The Florida Association of Counties (FAC) is writing to express our concern with the above-referenced proposed rule. While FAG supports the development of science-based numeric nutrient criteria, it is questionable at best as to whether this complex rule can be developed in such a short timeframe in a scientific way, and in a way that properly balances the economic impact with environmental protection The Florida Department of Environmental Protection (DEP), in conjunction with Florida's local governments, has collected a significant amount of water quality data, much more than any other state. This is a good start in working toward numeric criteria. However, the methodologies being used to derive the numbers appear to be flawed. We are particularly concerned that 80% of DEP's reference waters would not meet downstream protection values under this proposed rule, Several of these waters are in fully protected and publicly~owned lands, This is a clear indicator that something is wrong with the methodology being used to derive the numbers With the current state of the economy, Florida's counties currently face severe budget constraints. EPA is asking Florida's counties, and thus our taxpayers, to shoulder a significant economic burden during a very difficult time. Counties are laying off employees, cutting salaries, and instituting furloughs. We are receiving reports from counties that some of the proposed criteria are simply unattainable, and there is no amount of money they could spend that would allow them to achieve compliance. That is a very real problem that needs to be addressed. And it is critical that EPA gets the numbers right. Otherwise, local governments will be wasting taxpayer dollars on projects that will not achieve any environmental benefit. With counties' limited resources, it is important to ensure that the projects they undertake achieve the most environmental benefit possible. Getting the numbers wrong can also result in environmental damage, which is something that no one wants 1'.0- IIO;>;':;/f1) T^llr\ll""c;U 11 . I'II( lNI. (K';O) ()2J. /1,iOO FAX (K:iOl .1-i{,') WWW.FL. CUlJNTIFSCUM Page 18 of 18 Agenda Item No. 16C5 March 23. 2010 Page 27 of 28 ATTACHMENT C Co~ County ~ -- Public Utilities Division Wastewater Important Information for our Reclaimed Water Customers March 16, 2010 This letter is to notify you of a proposed change in law that may affect reclaimed water use. On January 26, 2010, the Environmental Protection Agency (EPA) published a proposed rule for Water Quality Standards for the State of Florida's Lakes and Flowing Waters. The EPA is proposing numeric nutrient water quality criteria to protect aquatic life in lakes and flowing waters, including canals, within the State of Florida and proposing regulations to establish a framework for Florida to develop "restoration standards" for impaired waters. On January 14, 2009, the EPA made a determination under section 303(c)(4)(B) of the Clean Water Act (CWA) that numeric nutrient water quality criteria for lakes and flowing waters, and for estuaries and coastal waters, are necessary for the State of Florida to meet the requirements of CWA section 303(c). The proposed change in law may result in significant impacts for the Collier County reclaimed water system and its users. In the proposed rule, lakes and flowing waters are defined as inland surface waters that have been classified as Class I or Class III water bodies, excluding wetlands. The proposed rule also defines surface waters as water upon the surface of the earth, whether contained in bounds created naturally, artificially, or diffused. Class I waters are potable water supplies; Class III waters are for recreation, propagation, and maintenance of healthy, well balanced populations of fish and wildlife. It is possible that the proposed nutrient criteria will be applied to five shared storm water/reclaimed water ponds that can directiy outfall to Class III waters in Collier County. The five shared storm water/reclaimed water ponds with direct discharges to Class III waters are located at three sites. The first two are the Vineyards North and Vineyards South ponds that both discharge into canal D-2 with eventual discharge to Naples Bay via the Gordon River. The third pond is located at Bermuda Greens in Imperial Golf Estates. This pond discharges into a manmade canal which flows to the Palm River Canal and into the Cocohatchee River. The fourth and fifth ponds are the Fox Fire 9 and Fox Fire 18, both of which discharge into Rock Creek which then flows to the Gordon River. The Collier County Water-Sewer District may cease to supply reclaimed water to the five shared storm water/reclaimed water ponds if implementation of the proposed rule will cause the District to operate out of compliance with federal, state, or local laws, rules, or regulations. This issue is not unique to Collier County; many utilities, as well as other entities across the state, will be affected. The Collier County Board of County Commissioners will submit comments to the EPA regarding the proposed rule. Any interested party may submit comments to the EPA regarding the proposed rule. You may view the entire proposed rule, supporting documentation, and submit comments at the Web site located at www.regulations.gov by entering identification number EPA-HQ-OW-2009-0596. Agenda Item No. 16C5 March 23, 2010 Page 2!2of 28 Comments on the proposed rule are due to the EPA no later than April 28, 2010. If you have questions regarding the potential effects this will have on reclaimed water use, please contact Danette Huff, Reuse Irrigation Quality Water Manager, at 239-252-6284 or danettehuff@colliergov.net. Thank you, Danette Huff, Reuse IQ Manger Collier County Wastewater Department Dr. George Yilmaz, PhD. P.E., P.H., Director Collier County Wastewater Department 4370 Mercantile Ave. Naples, Florida 34104. (239) 252-6284