LTC 478-2025 Recommend Urgent Action on Failing Sewer Infrastructure and Chronic Water Quality ViolaOFFICE OF THE CITY MANAGER
LTC #478-2025 LETTER TO COMMISSION
TO: Honorable Mayor Steven Meiner Members of the City Commission
Eric Carpenter, City Manager
Mark Taxis, Assistant City Manager
Ricardo J. Dopico, City Attorney
FROM: Rafael E. Granado, City Clerk
DATE: November 7, 2025
SUBJECT: Recommend Urgent Action on Failing Sewer Infrastructure and Chronic
Water Quality
The purpose of this Letter to Commission (LTC) is to inform you that the Marine and
Waterfront Protection Authority (MWPA) has approved the attached resolution voted on
October 14, 2025 with six members in favor and two against, suggesting the immediate
action on ongoing failures of City’s wastewater infrastructure.
Members Present: Ben Mostkoff (Chair), John Gardiner (Vice-Chair), Elaine Roden, Amy
Litos, Mike Gibaldi, Jose Frias, Chad Braver, and Tim Carr
Motion: The Marine and Waterfront Protection Authority (MWPA) urges the City of Miami
Beach to prioritize action to address the ongoing failures of the City’s wastewater
infrastructure and the resulting chronic water quality violations in Biscayne Bay brought to
us by Omar Jimenez, the President of Park View Island Sustainable Association.
1. Urgent Triage and Replacement of Critical Sewer Infrastructure
The recent sewer line break near 800 77th Street, which prompted another “No Swim”
advisory for waters around 77th Street, Tatum Waterway, and Park View Island,
underscores the critical state of the City’s aging sewer system. Much of this infrastructure
is well past its planned useful life, and repeated breaks have become a regular occurrence.
These failures not only threaten public health and Biscayne Bay’s ecological integrity but
expose the City to significant legal and financial liabilities.
2. Chronic Water Quality Violations and Legal Exposure
For over five years, segments of Miami Beach’s waterways have persistently exceeded
federal, state, and county standards for Enterococcus bacteria, violating:
•Federal Clean Water Act (33 U.S.C. § 1311 & § 1365): Repeated unauthorized
discharges of untreated sewage into waters of the United States expose the
City to citizen suits, injunctive relief, and civil penalties.
•Florida Environmental Protection Act (§403.412, F.S.): Any citizen may bring
suit in state court to compel compliance with environmental laws.
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• Miami-Dade County Code Chapter 24: Prohibits the discharge of sewage and
pollutants into county waters and empowers enforcement for sanitary sewer
overflows and water quality violations.
• Florida Administrative Code 62-302 & 62-604.550: Establish bacterial water
quality criteria and sanitary sewer overflow reporting requirements, which
have repeatedly been triggered by the City’s system failures.
3. Health Risks and Loss of Public Access to Biscayne Bay
Chronic contamination has led to long-standing “No Contact with Water” advisories,
rendering parts of Biscayne Bay unswimmable for years and threatening both public health
and equitable access to the waterway. Elevated Enterococcus levels pose risks of
gastrointestinal illness, skin infections, and other health impacts, particularly for residents
and visitors using the waterways for recreation.
4. Legal and Financial Risks
Continued inaction places the City at substantial risk of:
• Federal Clean Water Act suits citizens after the required 60-day notice,
seeking injunctive relief and penalties.
• State court actions under §403.412, F.S., to compel infrastructure upgrades.
• Costly consent decrees or administrative orders from FDEP or EPA
mandating upgrades under strict timelines.
• Reputational harm and potential impacts to tourism and property values
associated with unsafe waters.
Recommendations
We strongly urge the city to:
1. Prioritize immediate triage and replacement of the most critical and failure-prone
segments of the wastewater collection system.
2. Develop and publish a clear, time-bound capital improvement plan to bring
sewer infrastructure into compliance.
3. Increase transparency by publishing water quality test results and sewer break
data in real time.
4. Engage external technical experts to ensure the City is meeting or exceeding
regulatory requirements.
Biscayne Bay is a treasured public resource. Repeated sewage spills and chronic water
quality violations are unacceptable and legally indefensible. Proactive investment in
infrastructure now will prevent forced compliance later—at far greater cost.
Respectfully,
Ben Mostkoff, MWPA Chairman
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