Agenda 03/25/2008 Item #16F 4
Agenda Item No. 16F4
March 25, 2008
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve a Resolution supporting and encouraging enactment of
Senate Bill 1634, which requires Department of Environmental Protection (DEP)
notification to connties and cities within a fIVe-mile radius of a wastewater facility in
violation of Part I, Chapter 403, Florida Statutes, and identification by the DEP the
source of sewage contaminants which result in health advisories prohibiting
swimming in waters along Florida beaches
OBJECTIVE: To approve a Resolution endorsing enac1ment of Senate Bill 1634, which
requires notification to counties and cities within a five-mile radius of a wastewater
facility in violation of Part I, Chapter 403, Florida Statutes; and requires identification by
the Florida Department of Environmental Protection (DEP) the source of sewage
contaminants which result in health advisories prohibiting swimming in waters along
Florida beaches.
Once approved by the Board of County Commissioners, the Resolution will be
transmitted to members of the Collier County Legislative Delegation, Senate President
Ken Pruitt, House Speaker Marco Rubio and the Florida Association of Counties.
CONSIDERATION: The County Manager's Office received correspondence from City
ofSanibel Mayor Mick Denham (attached) on February 27, 2008 requesting support for
SB 1634 (attached) which was filed by Sen. Bennett during the current 2008 Legislative
Session which reads:
Provides when a health advisory that prohibits swimming in beach waters is issued on the
basis of the results of the bacteriological sampling of waters or when departmental rules
or another law requires issuance of a health advisory that prohibits swimming in beach
waters on the basis of such results, the Wastewater Compliance Evaluation Section of the
DEP shall identify the source of the sewage contaminants, etc.
There are two provisions in the proposed legislation that assist local governments in
protecting water quality within their respective boundaries. The first requires the DEP to
to notify each county and city within a five-mile radius in writing within five days of
discovering a wastewater facility violation of Part I, Chapter 403, Florida Statutes.
The second provision requires the DEP identiJY the source of sewage contamination any
time a beach is closed as a result of Health Department bacterial water sampling.
FISCAL IMPACT: There is no fiscal impact associated with this executive swnmary.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact
associated with this executive summary.
Agenda Item No. 16F4
March 25, 2008
Page 2 of 7
LEGAL CONSIDERATIONS: There are no legal considerations associated with this
executive summary.
RECOMMENDATION: lbat the Board of County Commissioners approves a
Resolution supporting and encouraging enactment of Senate Bill 1634, which requires
Department of Environmental Protection (DEP) notification to counties and cities within
a five-mile radius of a wastewater facility in violation of Part 1, Chapter 403, Florida
Statutes, and identification by the DEP the source of sewage contaminants which result in
health advisories prohibiting swimming in waters along Florida beaches.
Prepared by Debbie Wight, Assistant to the County Manager
Page 1 of I
Agenda Item No. 16F4
March 25, 2008
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16F4
Recommendation to approve a Resolution supporting and encouraging enactment of Senate
8ill1634, which requires Department of Environmental Protection (DEP) notification to
counties and cities within a five~mile radius of a wastewater facility in violation of Part 1,
Chapter 403, Florida Statutes, and identification by the DE? the source of sewage
contaminants which result in health advisories prohibiting swimming in waters along Florida
beaches.
Meeting Date:
3/25/20089:00:00 AM
Approved By
James v. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/18/2008 1 :22 PM
file://C:IAgendaTestIExportl 1 03-March%2025,%202008116.%20CONSENT%20AGENDA I... 3/19/2008
Agenda Item No. 16F4
March 25, 2008
Page 4 of 7
Resolution No. 2008 -
)
A RESOLUTION SUPPORTING AND ENCOURAGING THE
ENACTMENT OF SENATE BILL 1634; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS. the protection of the health, safety and welfare of our citizens is a
fundamental obiigation of each Florida city and county local government; and
WHEREAS, notification of the existence of nearby wastewater facilities in
violation of Part 1, Chapter 403, Florida Statutes, is a critical prerequisite to the
protection of the health, safety and welfare of our citizens; and
WHEREAS, identification by the Florida Department of Environmental
Protection (DEP) of the source of sewage contaminants which result in health advisories
that prohibit swimming in beach waters of the State of Florida assists in the protection of
the health, safety and economic interests of the citizens of the State of Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION 1. That Collier County hereby supports the enactment of Senate Bill
1634, a copy of which is attached hereto, and encourages the Florida iegislature to
enact such Bill.
SECTION 2. It is hereby directed that this Resolution of support be forwarded to
all members of the local legislative delegation.
SECTION 3. Effective date. This resolution shall take effect immediately upon
passage.
DULY PASSED AND ENACTED by the Board of County Commissioners, Collier
County, Florida, this _ day of , 2008.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
TOM HENNING, CHAIRMAN
Approved as to form and legal sufficiency:
Assistant Collier County Attorney
--City of Sahibel
800 Dunlop Road
Sanibel. Florida 33957-4096
www.mysanibeLcom
AREA CODE - 239
I'IT COUNCIl. 472-4135
DMINlSTRATIVE 472--3700
_,...uII-DING 4724555
mGENCY MANAGEMENT 4'72.3111
LNANCE 472-9615
EGAL 472-4359
ATURAL RESOURCES 472-3700
ARKS & RECREATION 472.9075
l.J\NNING 472-4136
OUCE 472-3111
IJBLIC WORKS 472-6397
Recycled paper a
February 22, 2008
Agenda Item No. 16F4
March 25, 2008
~~ 2-4;~e~of7
RECEIVED
OFFICE OF THE COUNTY MANAGER
Dear Elected and Appointed Officials:
::'"" cD 2, / 21:."(:3 _
ACTION PI!: 6 uA G4r '
Senate Bill 1634, currently pending before the Florida legislators. will
provide local governments two important tools in protecting water
quality within our boundaries. Senate Bill 1634 is a short, simple piece
of legislation with only two provisions.
The first provision will require the Department of Enviromnental
Protection to notify each County and City within a 5-mile radius in
writing within 5 days of discovering a wastewater facility YJo1anonbf
Part I, Chapter 403, Florida Statutes. The second provision requires the
Department of Environmental Protection identify the source of sewage
contamination any time a beach is closed as a result of Health
Department bacterial water sampling.
Your local government's support is critical to the passage of this
important legislation. Enclosed are:
. A one page Fact Sheet on Senate Bill 1634
. A copy of Senate Bill 1634
. A sample resolution your legislative body can adopt and send to
your legislative delegation
Thank you for your consideration of this request. I am confident that
working together we can protect Florida's economy and the health and
welfare of our citizenry by improving water quality. Please do not
hesitate to contact us if you have anv questions at (239) 472-3700.
Sin~rel~ _ 0 f'
IJ i!
MiJDe'---
Mayor
Attaclunents
Cc: Sanibel City Council
Judie Zimomra, City Manager
Ken Cuyler, City Attorney
Pamela Smith, City Clerk
Agenda Item No. 16F4
March 25, 2008
Page 6 of 7
IMPROVE FLORIDA'S WATER QUALITY
SENATE BILL 1634
FACT SHEET
. Senate Bill 1634 protects all Florida's water
,
· Senate Bill 1634 has two simple provisions that when enacted
significantly will improve the quality of water in Florida
· Provision One: Senate Bill 1634 will require the Department of
Environmental Protection to notify each County and City within a 5
mile radius in writing within 5 days of discovering a wastewater
facility violation of part I of Chapter 403, Florida Statutes. This
notice is critical to Counties and Cities working to improve water
qualities within their boundaries
· Provision Two: Senate Bill 1634 will also require when Florida's
beaches are closed as a result of Health Department bacteriological
water sampling that the Wastewater Compliance Evaluation Section
of the Department of Environmental Protection will be required to
identify the source of the sewage containments.
ACTION NEEDED: Contact your local State Representative and
State Senator legislators and urge them to enact
Senate Bill 1634 this Legislative Session.
Session :BilIs : : f1senate.gov
Florida Senate - 2008
Agenda It'llil.tl'21l&F,4
MaFdFZ5, 2'M8
SB f@lW?of?
By Senator Bennett
21-02711-08 20081634__
1 A bill to be entitled
2 An act relating to the management of wastewater; amending
3 s. 514.023, F.S.; requiring that the Wastewater Compliance
4 Evaluation Section in the Department of Environmental
5 Protection identify sewage contaminant sources when
6 certain health advisories prohibiting swimming in beach
7 waters are issued; requiring that the department notify
8 certain counties and municipalities after discovering that
9 a wastewater facility is in violation of laws concerning
10 pollution control; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsections (1), (2), and (3) of section
15 514023, florida Statutes, are amended to read:
16 514023 Sampling of beach waters; health advisories.--
17 (1 ~ A~ us~d in thl~ s@ctlonl the term "beach waters" means
18 the waters alonq the coastal alJ.d intracoastaLb~actJes_.aDJisbo[es
19 of the state. and indude~ salt water and brackish water..
20 i2lt+t The department may adopt and enforce rules to
21 protect the health, safety, and welfare of persons using the
22 beach waters of the state. The rules must establish health
23 standards and prescribe procedures and timeframes for
24 bacteriological sampling of beach waters.
25 illffl The department may issue health advisories if the
26 quality of beach waters fails to meet standards established by
27 the department. The issuance of health advisories related to the
28 results of bacteriological sampling of beach waters is preempted
29 to the state. When a health advisory that prohibits swimmino in
30 be.a.c.h wPltpr!\ jc:; i~<;lIpd on the' basis of the results of the
31 bacteriological samDlina of waters or wh@n departlD.1mta.LnJles..m:
32 another taw requires issualllJ: of a health advisorv that Drohibits
33 lil'dmmlno In beach waters on the baID.o.f..s.u.<:b.resu1t.s,..tbe
34 Waste.water ColIlQ1ianc:e EVi',luRtion ~p.("tion of the..D..epartment of
35 Emdronmental Protec:tlon c;h.allJdentify the source of the sewage
36 CQIltaminants,.
37 P) far l5t1ff'elJeJ 5f ~hb 3e~i5r~, nIl ~f". ..ts~aeh .,a~e:f:i"
38 ...~c."3tke "CitelJ alan, tf,z; ~i)lut~l ~I,a iJ,tlaa~aJtfit eeaeke3 al,a
39 JI.arlJ af tr,," Jta&., ana il.dtukJ J,all ..at~l fll,et ~A6ehiJk ..at~l.
40 Section 2. ThP- O~Dartment of Environmental Protection
41 shan within 5 davs after discovering that a wastewater facilitv
42 Is in violation of oart I of chapter 403. Florida Statutes.
43 Ill!tlfy.eactl cpvnt;y and munlcioalltv within a 5-mlle radius of the
44 fRrilitv Thp. notic:~ must be nrovirff>n ;n writing for enC'"h
45 violation dj~overed.
46 Section 3. This act shall take effect July 1, 2008.
CODING: Words ~tl iel,,,,, are deletions; words underlined are additions.
D1sclaimer: The information on this system is unverified. The journals or printed bills of the respect1ve chambers should be
consulted for offtcial purposes. Copyright AfD 2000-2006 State of Florida.
http://www.f1senate.gov/cgi-bin/viewpage.pl?Tab=session&Submenu=l &FT=D&File=sb... 2114/2008