Resolution 2022-32148 RESOLUTION NO, 2022-32148
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AN
INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY RELATING TO
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT NO.
FLS000003, FOR A PERIOD OF FIVE(5)YEARS,COMMENCING ON OCTOBER
1, 2022; SAID AGREEMENT AUTHORIZING MIAMI-DADE COUNTY TO
PROVIDE PROFESSIONAL SERVICES, INCLUDING MONITORING AND
SAMPLING ACTIVITIES REQUIRED BY THE PERMIT FOR STORM SEWER
SYSTEMS THROUGHOUT MIAMI-DADE COUNTY; PROVIDING FOR THE CO-
PERMITTEES TO SHARE, PROPORTIONATELY, THE COST OF THE
SERVICES; AND AS BETWEEN THE CO-PERMITTEES, ESTABLISHING THE
SHARED RESPONSIBILITIES IN THE IDENTIFICATION AND CONTROL OF
POLLUTANT DISCHARGES; AND FURTHER AUTHORIZING THE CITY
MANAGER TO FINALIZE AND EXECUTE THE AGREEMENT.
WHEREAS, water pollution can degrade surface waters making them unsafe for drinking,
fishing, swimming, and other activities; and
WHEREAS,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 United States; and
WHEREAS, 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; and
WHEREAS,as the NPDES stormwater permitting authority, FDEP is responsible for issuing
Municipal Separate Storm Sewer System (MS4) permits; and
WHEREAS,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; and
WHEREAS, the City operates an MS4 type of stormwater system, meaning that the
stormwater system is not connected to or combined with the sanitary sewer system; and
WHEREAS, the City's 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; and
WHEREAS,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; and 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;
and
WHEREAS, the City is one of more than 30 Co-Permittees named in FDEP Permit
No. FLS000003, Authorization to Discharge under the National Pollutant Discharge Elimination
System (the "Permit"), covering a combined total of more than 8, 000 ouffalls throughout Miami-
Dade County; and
WHEREAS,the proposed new Interlocal Agreement(the"Agreement"),a copy of which is
attached to the City Commission Memorandum accompanying this Resolution, by and among the
Co-Permittees under the Permit and Miami-Dade County (the "County"), has a term of five (5)
years, commencing on October 1, 2022; provides for performance of professional services by the
County, including monitoring and sampling activities required by the Permit; provides for the Co-
Permittees to share, proportionately, the cost of the services; and as between the Co-Permittees,
establishes the shared responsibilities in the identification and control of pollutant discharges from
one municipal MS4 to another; and
WHEREAS, on June 7, 2017, the Mayor and City Commission adopted Resolution 2017-
29892, that approved the current Interlocal Agreement, providing for the performance of these
professional services by the County,which agreement is set to expire on September 30,2022;and
WHEREAS, the original cost of being a Co-Permittee under the Permit was $15,000 per
year, however, due to an increase in monitoring fees, and increased number of surface water
quality stations throughout Biscayne Bay,the reimbursement fees to the County from the City have
been raised to $24,328.00 per year for the first four years, as the City would not be using the
County's services for pollutant loading or other Permit requirements.
NOW,THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,that the Mayor and City Commission hereby approve,
in substantial form, an Interlocal Agreement with Miami-Dade County relating to National
Pollution Discharge Elimination System Permit No. FLS000003, for a period of five (5) years,
commencing on October 1, 2022; said Agreement authorizing Miami-Dade County to provide
professional services, including monitoring and sampling activities required by the Permit for storm
sewer systems throughout Miami-Dade County; providing for the Co-Permittees to share,
proportionately, the cost of the services; and, as between the Co-Permittees, establishing the
shared responsibilities in the identification and control of pollutant discharges;and further authorize
the City Manager to finalize and execute the Agreement.
?,PASSED and ADOPTED this f day of M4 , 2022
ATTEST:
WI' MAY I 0 2022 J54Y"'� 1 8 ,, ,:- 22....--,--__________
,�4,
.
CITY CLERK � _' 1 MAYOR
1 (IN(011p pitA u/
ry,.1j11U„,„ws'
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
0 \"(-1b-23 ,
City Attorney) B/� J Date
Resolutions -C7 S
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: May 4, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AN
INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY RELATING TO
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT NO.
FLS000003, FOR A PERIOD OF FIVE (5) YEARS, COMMENCING ON
OCTOBER 1, 2022; SAID AGREEMENT AUTHORIZING MIAMI-DADE
COUNTY TO PROVIDE PROFESSIONAL SERVICES, INCLUDING
MONITORING AND SAMPLING ACTIVITIES REQUIRED BY THE PERMIT
FOR STORM SEWER SYSTEMS THROUGHOUT MIAMI-DADE COUNTY;
PROVIDING FOR THE COPERMITTEES TO SHARE,
PROPORTIONATELY, THE COST OF THE SERVICES; AND AS BETWEEN
THE CO-PERMITTEES, ESTABLISHING THE SHARED
RESPONSIBILITIES IN THE IDENTIFICATION AND CONTROL OF
POLLUTANT DISCHARGES; AND FURTHER AUTHORIZING THE CITY
MANAGER TO FINALIZE AND EXECUTE THE AGREEMENT.
3 3 •
RECOMMENDATION
The Administration recommends authorizing and approving the execution of the I nterlocal
Agreement.
BACKGROUND/HISTORY
At its June 7, 2017 meeting, the City Commission approved 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 for a period of five (5)
years, from October 1, 2017 through September 30, 2022, or until a replacement I nterlocal
Agreement is executed,whichever is later, via Resolution 2017-29892.
The original cost of being a Co-permittee to Miami Dade County's permit was $15,000 per year,
however, due to an increase in monitoring fees, and increased number of surface water quality
stations throughout the Bay,the fees have been raised to$24,328 per year.
The Agreement shall become effective, and supersede the current interiocal agreement, on
Page 459 of 1451
October 1, 2022, and expire on September 30, 2027.
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.
This I nteriocal Agreement (the "Agreement") between Co-permittees named in the National
Pollutant Discharge Elimination System Permit No. FLS000003 and Miami-Dade County,
provides for performance of professional services by Miami-Dade County as well as
identification and control of pollutant discharges in shared municipal separate storm sewer
systems.
SUPPORTING SURVEY DATA
Results from the 2019 resident survey show that over 73% of Miami Beach residents rated the
reliability of sewer(wastewater)services as excellent or good.
FINANCIAL INFORMATION
Fiscal impact is estimated at$24,328 per year.
CONCLUSION
The Administration recommends authorizing and approving the execution of the I nteriocal
Agreement.
Page 460 of 1451
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item,pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Environment& Infrastructure- Improve our aging drinking water and sewer infrastructure.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
o Resolution
Page 461 of 1451