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LTC 314-2020 Update on Biscayne Bay and the Miami-Dade County's Biscayne Bay Task Force Recommendations UpdateMIA4/BE A CH City of M ia m i Be a ch , 1700 Convention Center Driv e, Miami Beoch, florid 33139, www.miamibeachfl.gov Jimmy l. Morales, City Manager Tel: 305.673.7010 FA 305472.77 9 314-2020 NO. LTC# LETTER TO C O M M ISSIO N TO : Mayor Dan Gelber and Members oft e City C FROM: Jimmy L. Morales, City Manager DATE September 14, 2020 SUBJECT: Update on Biscayne Bay and t Miami-Dade County's Biscayne Bay Task Force Recommendations Update The purpose of this Letter to Commission is to provide an update on the health of Biscayne Bay and the Miami-Dade County's Biscayne Bay Task Force's Report and Recommendations: A Unified Approach to Recovery for a Healthy & Resilient Biscayne Bay (Attachment A). At the beginning of August, an unprecedented fish kill was reported in the northern basin of Biscayne Bay, concentrated by the Biscayne Canal and the Little River. Over the course of a week, thousands of fish died from lack of oxygen. Following this event, a devastating algae bloom flourished throughout the Bay and surrounding waterways. Throughout both events, Miami Beach was coordinating with Biscayne Bay Aquatic Preserve, Miami-Dade Division of Environmental Resources Management (DERM), Miami Waterkeeper, National Oceanic and Atmospheric Administration, University of Miami, and Florida International University to understand the environmental factors at play. In addition, staff was collecting samples and monitoring the dissolved oxygen levels and the city's waterway contractor was assisting with removing dead fish that had floated into Miami Beach waters. HISTORY & BACKGROUND The declining health of Biscayne Bay is not a new issue, it has been building from decades of in action On August 31, 2020, The Miami Herald published 'Like Groundhog day': New report has same old findings on how to save Biscayne Bay (Attachment B). High nutrients are one of the major issues impacting the Biscayne Bay's health. Nutrients enter the Bay from sources such as aging sewer infrastructure, leaking septic systems, fertilizers, and decaying organic matter. In 2019, the Report on the Health of Biscayne Bay was issued by the Fall Term Miami-Dade County Grand Jury convened by State Attorney Katherine Fernandez Rundle. The report highlighted that the challenges facing Biscayne Bay require a regional approach to tackle the many factors that contribute to the water quality issues. Attached is L TC #446-2019 that includes a full overview and link to the report (Attachment C). BISCAYNE BAY TASK FORCE In 2019, Miami-Dade County Board of County Commissioners created the Biscayne Bay Task Force (BBTF) to study the causes of the degradation of the bay and develop recommendations on how to address these issues. On August 31, 2020, the Board of County Commissioners passed a resolution directing the County Mayor provide an implementation plan for immediate action, including feasibility, cost, and potential fund sources. The report focuses on three main areas: water quality, leadership, and education. It will take collaboration and long-term commitment from Municipal, County, State and Federal agencies as well as community organizations to restore the health of the Bay. T h e B B T F re c o m m e n d a tio n s a r e b r o k e n in to s e v e n c a te g o r ie s fo r C o u n ty a c tio n . S ta ff h a s c o m p le te d a n in it ia l re v ie w o f th e 6 2 re c o m m e n d a t io n s a n d h a s id e n tifi e d 4 2 o f th a t a r e a p p lic a b le to M ia m i B e a c h . S t a ff is in th e p ro c e s s o f c o m p le t in g fu rt h e r a n a ly s is a s to p ro v id e g u id a n c e a n d a c tio n p la n th a t w ill b e p r o v id e d to C o m m is s io n in O c to b e r . It is im p o rt a n t to n o te th a t th e re c o m m e n d a tio n s w ill ta k e fu n d in g a n d lo n g -t e r m c o m m it m e n t fo r c h a n g e to b e re a liz e d . N u m b e r o f N u m b e r o f R e c o m m e n d a t io n R e c o m m e n d a tio n s Im p le m e n ta b le in M ia m i B e a c h W a te r Q u a lit y 13 7 Governance 6 4 Infrastructure 11 3 Natural 9 6 Infrastructure Marine Debris 7 7 Education & 9 9 Outreach Funding 7 6 TOTAL 62 41 MIAMI BEACH WATER QUALITY PROTECTION PROGRAM The City's 2019 Strategic Plan Through the Lens of Resilience outlines water quality protection as the top objective in the Environment & Infrastructure area. The City reduces potential pollution through a combination of education and outreach, good housekeeping, as well as the use of cutting-edge technology and industry-vetted operational practices. As part of the 1972 Clean Water Act, the National Pollution Discharge Elimination System (NPDES) permit program was created to regulate pollution from point discharges into U.S. waters. Miami Beach is one of 32 municipal NPDES co-permittees with Miami-Dade County to own and operate the municipal separate storm sewer system. As part of the NPDES program, the City completes an annual report that outlines the City's activities related to stormwater management. As part of this report, the City provides an Annual Water Quality Report (Attachment D). Nutrient pollutants are the main pollutant of concern in Miami Beach, and policies and programs should continue to be refined to address these inputs. However, it should be noted that nutrient loads from Miami Beach are considerably lower than inflows from the mainland. In 2020, the City retained Ardurra, an interdisciplinary engineering firm, to complete Biscayne Bay Nutrient Loading Estimates to better understand the extent of the City's loading contributions to the Bay (Attachment E). The report outlines that Miami Beach's drainage area represents 1.8% of the total contributing area to the north Bay and contributes 0.9% of all in flows. Of these inflows it is estimated that runoff from the City contributes 2.4% of phosphorus loads and 0.5% of nitrogen loads. These numbers were approximated using a conservative method. It is expected that the real loading from the City is lower than represented in the report. The report demonstrates that the City's impact on the nutrient loading to the Bay is minor. Unfortunately the overall impact of the region's nutrient loading to the Bay creates a significant problem. In recent studies, the County has identified septic tanks to be one of the major contributors of nutrients to the Bay. Without the conversion of the myriad properties relying on septic tanks to a centralized sewer system, there would be an unnecessary, significant, and continuous nutrient loading to the Bay from our local region. The City of Miami Beach is proud to say that the entire City is operated on a centralized sewer system and does not have any septic tanks within City limits. T h e C ity 's s to r m w a te r m a n a g e m e n t p r o g ra m fo c u s e s h e a v il y o n p re v e n tin g p o llu tio n a t its s o u r c e . It is e a s ie r a n d le s s e x p e n s iv e fo r e a c h p e rs o n to d o th e ir p a rt b y p ic k in g u p a ft e r th e ir p e ts , to s s in g tra s h in to d e s ig n a te d b in s , a n d p ro p e r ly a p p ly in g la n d s c a p e m a in te n a n c e c h e m ic a ls th a n to c a p tu re a n d re m o v e p o ll u ta n ts in la r g e r c o n c e n tra tio n s fr o m w ith in th e s to r m w a te r s y s te m . N e v e rt h e le s s , th e ci ty p la y s a n im p o rt a n t ro le in p ro te c tin g w a te r q u a lity a n d h a s a w e ll-ro u n d e d s tra te g y to re m o v e p o llu ta n ts o u ts id e a n d in s id e th e s to r m w a te r s y s te m b e fo r e th e y re a c h B is c a y n e B a y . O v e r th e la s t fi v e y e a rs th e C ity h a s m a d e g r e a t p r o g r e s s to im p ro v e w a te r q u a lity , in c lu d in g : • In s ci e n c e , s u c h a s th e v o lu n ta ry la u n c h o f a m u n ic ip a l w a te r q u a lity s a m p lin g p ro g ra m w ith o v e r 6 0 s ta tio n s ; • In in f ra s tr u c tu r e d e s ig n , s u c h a s th e m o d ifi c a ti o n o f p u m p e d o u tf a ll d e s ig n s to in c lu d e d is s ip a te r b o x e s th a t re d u c e d is c h a r g e v e lo c itie s fro m th o s e a p p ro v e d in th e ci ty 's fir s t n e w g e n e ra tio n p u m p s ta tio n s ; • In u r b a n d e s ig n , s u c h a s d e s ig n in g n e w p a r k s a n d g re e n s p a c e s to in c o rp o r a te b lu e a n d g r e e n in fr a s tr u c tu r e lik e th e B a y s h o re G o lf C o u r s e ; • In in fr a s tr u c tu re u p g r a d e s , s u c h a s c re a tin g a p la n a n d b e g in n in g a $1 3 3 mi llion s a n ita ry s e w e r u p g r a d e p r o g r a m ; • In o p e r a tio n s , s u c h a s in c r e a s in g s to rm w a te r s y s te m m a in te n a n c e fr o m o n c e e v e ry th re e y e a r s to o n c e e v e ry y e a r ; • In p o lic y , s u c h a s th e c ity w id e b a n s o n p o ly s ty re n e a n d p la s tic s tra w s a n d th e M B P la s tic F re e p ro g r a m ; a n d , • In c o m p lia n c e , s u c h a s th e c re a tio n o f th e ci ty 's e n v iro n m e n ta l in s p e c tio n p ro g r a m s to re d u c e s a n ita ry s e w e r o v e rf lo w s a n d c o n s tr u c tio n ru n -o ff. O n e o f o u r m o s t re c e n t a c h ie v e m e n ts in c lu d e s fin a liz in g a n d a d o p tin g th e J a c o b s E n g in e e r in g B lu e - G r e e n In fr a s tr u c tu r e P la n . K n o w in g th a t n u trie n t lo a d s w e re th e p rim a ry c o n c e rn re la tin g to th e h e a lth o f th e B a y , th e C ity p ro c u r e d th e e x p e rt is e o f J a c o b s E n g in e e rin g to id e n tify c o m p lim e n ta ry s tra te g ie s to s e q u e s te r n u t r ie n ts p r io r to s to r m w a te r ru n o ff e n te r in g th e C ity 's s to rm w a te r s y s te m . T h e s e s tra te g ie s w e re c o m p ile d a s p a rt o f th e a d o p te d re p o rt . L a s tly , o u r te a m c o n tin u e s to w o r k o n in n o v a tiv e a p p r o a c h e s to o p tim iz e o u r o w n s to rm w a te r s y s te m s fr o m a w a te r q u a lity p e rs p e c tiv e . M o s t re c e n tly th e C ity h a s p a rt n e re d w it h re g u la to r s to id e n tify w a y s to im p ro v e e x is tin g in fr a s tr u c tu r e . A lth o u g h th e p ro je c ts a re s till in th e d e v e lo p m e n t s ta g e s , th e C ity is w o r k in g to re tro fit e x is tin g p u m p s ta tio n s w ith w a te r q u a lity w e ll s to c o m p le m e n t e x is tin g tre a tm e n t te c h n o lo g ie s . A d d itio n a lly , th e C ity is w o r k in g w ith D E R M to id e n tify a n y p o s s ib le s c o u r is s u e s a n d re m e d y th e s e is s u e s w ith th e u s e o f s c o u r p a d s o r o th e r c o a s ta l in fr a s tru c tu re a lte rn a tiv e s . In M ia m i B e a c h w e c o n tin u e to m o d if y o u r p ro g ra m b a s e d o n th e b e s t-a v a ila b le s c ie n c e , te c h n o lo g y a n d s tra te g ie s a v a ila b le fo r s tor m w a te r m a n a g e m e n t. U tiliz in g th e re c o m m e n d a tio n s o f th e B is c a y n e B a y T a s k F o r c e , s ta ff w ill c o n tin u e to c o o rd in a te w ith M ia m i-D a d e C o u n ty a n d o th e r lo c a l s ta k e h o ld e rs in re fi n in g o u r w a te r q u a lity p ro g r a m . T h e A d m in is tra tio n is c o m m itte d to o u r e ff o rt s in p ro te c tin g B is c a y n e B a y . S h o u ld y o u h a v e a n y q u e s tio n s , p le a s e c o n ta c t E liz a b e th W h e a to n , En vi ron m en t &S u st ai nab i lity Di r e ct o r, a t ext 26121. Attachments: A: Biscayne Bay Task Force Recommendations B: https://www_miamiherald_com/article245306740.html C: Grand Jury Report D: City of Miami Beach Water Quality Report 2019 E: Biscayne Bay Preliminary Nutrient Loadings Estimates prepared by Ardurra MEMORANDUM Agenda Item No. 14(A)(9) TO: Honorable Chairwoman Audrey M. Edmonson DATE: August 31, 2020 and Members, Board of County Commissioners FROM: Abigail Price-Williams SUBJECT: Resolution directing the County County Attorney Mayor to review the report and recommendations of the Biscayne Bay Task Force and provide an implementation plan for immediate action, including feasibility, cost, and potential funding sources; requiring a presentation to this Board and a written report on an expedited basis The accompanying resolution was prepared and placed on the agenda at the request of Prime Sponsor Vice Chairwoman Rebeca Sosa. _______________________________ Abigail Price-Williams County Attorney APW/uw 1 A u g u s t 3 1 , 2 0 2 0 2 1 4 ( A ) ( 9 ) Approved Mayor Agenda Item No. 14(A)(9) 8-31-20 Veto __________ Override __________ RESOLUTION NO. ________________________ RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO REVIEW THE REPORT AND RECOMMENDATIONS OF THE BISCAYNE BAY TASK FORCE AND PROVIDE AN IMPLEMENTATION PLAN FOR IMMEDIATE ACTION, INCLUDING FEASIBILITY, COST, AND POTENTIAL FUNDING SOURCES; REQUIRING A PRESENTATION TO THIS BOARD AND A WRITTEN REPORT ON AN EXPEDITED BASIS WHEREAS, the health and well-being of Biscayne Bay are inextricably linked to the economic and environmental well-being of Miami-Dade County; and WHEREAS, Biscayne Bay provides Miami-Dade County residents and visitors with ecological and environmental benefits, beauty, and serenity; and WHEREAS, part of Biscayne Bay lies within Biscayne National Park, and this renowned national park provides recreational opportunities as well as significant environmental value; and WHEREAS, in addition, Biscayne Bay supports industries such as tourism, commercial and recreational fishing, and other water-based recreational activities; and WHEREAS, in 2019, this Board adopted Resolution No. R-165-19, creating the Biscayne Bay Task Force to address issues that affect the health and well-being of Biscayne Bay; and WHEREAS, the Biscayne Bay Task Force’s purpose was to develop recommendations and an action plan identifying problem areas and prioritizing projects for Biscayne Bay, and to present them in a report to this Board; and WHEREAS, the Biscayne Bay Task Force has now produced its report, which contains numerous recommendations for this Board, a copy of which is attached and incorporated by reference; and 3 Agenda Item No. 14(A)(9) Page No. 2 WHEREAS, the Biscayne Bay Task Force’s recommendations have come out at a time of crisis for Biscayne Bay; and WHEREAS, as reported in the local news, there have recently been large fish kills in Biscayne Bay, and it is believed that the health of Biscayne Bay may be at a critical tipping point; and WHEREAS, urgent action by the County is needed to maintain, restore, and protect Biscayne Bay, for the benefit of our community and for future generations; and WHEREAS, as such, this Board wishes to direct the County Mayor or County Mayor’s designee to review the Biscayne Bay Task Force’s report and recommendations and to provide this Board, on an expedited basis, with an implementation plan for immediate action, including feasibility, cost, and potential funding sources, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board: Section 1. Directs the County Mayor or County Mayor’s designee to review the Biscayne Bay Task Force’s report and recommendations and to provide this Board, on an expedited basis, with an implementation plan for immediate action, including feasibility, cost, and potential funding sources. Section 2. Directs the County Mayor or County Mayor’s designee to make a presentation to this Board at the October 6, 2020 meeting, with respect to the County Mayor’s implementation plan for immediate action pursuant to section 1 above. Section 3. Directs the County Mayor or County Mayor’s designee to prepare a written report with the County Mayor’s implementation plan for immediate action pursuant to section 1 above, and to place the report on an agenda of this Board as required by Ordinance No. 14-65 within 30 days of the effective date of this resolution. 4 Agenda Item No. 14(A)(9) Page No. 3 The Prime Sponsor of the foregoing resolution is Vice Chairwoman Rebeca Sosa. It was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Audrey M. Edmonson, Chairwoman Rebeca Sosa, Vice Chairwoman Esteban L. Bovo, Jr. Daniella Levine Cava Jose “Pepe” Diaz Sally A. Heyman Eileen Higgins Barbara J. Jordan Joe A. Martinez Jean Monestime Dennis C. Moss Sen. Javier D. Souto Xavier L. Suarez The Chairperson thereupon declared this resolution duly passed and adopted this 31st day of August, 2020. This resolution shall become effective upon the earlier of (1) 10 days after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this resolution and the filing of this approval with the Clerk of the Board. MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK By:________________________ Deputy Clerk Approved by County Attorney as to form and legal sufficiency. _______ Abbie Schwaderer Raurell 5 A Unified Approach to Recovery for a Healthy & Resilient Biscayne Bay Biscayne Bay Task Force Report and Recommendations June 2020 Biscayne Bay Task Force Members Irela Bagué, Task Force Chairperson, President, Bagué Group David Martin, Task Force Vice Chairperson, President, Terra Group Lynette Cardoch, Ph.D., Director of Resilience & Adaptation, Moffatt & Nichol Lee Hefty, Director, Division of Environmental Resources Management, Miami-Dade County James Murley, Chief Resilience Officer, Office of Resilience, Miami-Dade County John Pistorino, P.E., Principal, Pistorino and Alam Alyce Robertson, former Director, Downtown Development Authority Steve Sauls, Biscayne Bay Marine Health Summit Steering Committee Member Tiffany Troxler, Ph.D., Director of Science, Sea Level Solutions Center, Florida International University Exhibit "A" 6 1 Table of Contents Acknowledgements ....................................................................................................................................... 1 Biscayne Bay Task Force Mission and Activities ........................................................................................... 2 Letter from the Chair .................................................................................................................................... 3 State of the Bay ............................................................................................................................................. 4 Recommendations ........................................................................................................................................ 7 Overarching Recommendation ................................................................................................................. 7 1. Water Quality .................................................................................................................................... 9 2. Governance .................................................................................................................................... 14 3. Infrastructure.................................................................................................................................. 17 4. Watershed Habitat Restoration and Natural Infrastructure and Natural Infrastructure ............... 22 5. Marine Debris ................................................................................................................................ 24 6. Education and Outreach ................................................................................................................. 26 7. Funding ........................................................................................................................................... 28 The Future of the Bay ................................................................................................................................. 30 Appendices .................................................................................................................................................. 32 Biscayne Bay Recovery At-a-Glance ............................................................................................................ 39 Acknowledgements The Biscayne Bay Task Force wishes to thank local, state, and federal agencies, academic institutions and community-based organizations, industry professionals, and members of the public who attended and shared their knowledge, support, and recommendations. The Task Force also appreciates the expertise and support provided by the staff of the Miami-Dade County Department of Regulatory and Economic Resources. Thanks to the Florida Department of Environmental Protection Biscayne Bay Aquatic Preserves for select photographs. 7 2 Biscayne Bay Task Force Mission and Activities On February 5, 2019, the Miami-Dade Board of County Commissioners (BCC) adopted Resolution No. R-165-19 (Appendix A), establishing the Biscayne Bay Task Force (Task Force). The Task Force was established as a nine- member advisory board consisting of appointed professionals representing civil engineers, coastal real estate developers, water quality and ecology experts, coastal managers, environmental regulators, resilience experts, and the community at-large. The Task Force was charged to meet at least four times over a six-month period to review prior studies, relevant data, and evaluations, and management planning and policy documents related to Biscayne Bay (Bay) as well as to receive recommendations related to the health and management of the Bay (Appendices B-H). The Task Force met 18 times and received approximately 35 presentations related to the health and management of Biscayne Bay from local and state regulatory agencies, municipalities, academia, community-based organizations, and other key stakeholders (Appendix I). Land Acknowledgement Our proceedings took place and these natural resources occur on the ancestral and traditional lands of the Seminole, Miccosukee, and Tequesta people. 8 3 Letter from the Chair When the members of the Biscayne Bay Task Force convened in June 2019, we had no idea that our final report would coincide with the impacts of the worst global pandemic in recent history. Curiously, due to Miami-Dade County’s “stay at home” order, the temporary closings of our beaches and marinas, and the practice of social distancing, Biscayne Bay received a much-needed respite from human activity. Despite the unusual break, the damage to the Bay was already present before the crisis. The health of Biscayne Bay remains in a state of emergency and at a tipping point toward irreversible ecological collapse. There have been many efforts undertaken in the past to protect and restore Biscayne Bay. In 1974, the Florida Legislature passed the Biscayne Bay Aquatic Preserve Act. Later, in 1981, Miami-Dade County approved the Biscayne Bay Management Plan. The Florida Legislature included Biscayne Bay in the Surface Water Improvement and Management Act 1997, followed by the creation of the Biscayne Bay Partnership Initiative in 1999. In 2019, the Greater Miami and the Beaches Resilient305 Strategy listed restoration of the Bay as a principle action. These past plans have helped to protect and restore parts of Biscayne Bay but they have been sporadic and disjointed. Meanwhile, the watershed continues to be threatened by a lack of fresh water, nutrient pollution from storm-water runoff, sewage pipe breaks, compromised septic tanks, plastic pollution, and other contaminants. The problems facing Biscayne Bay are serious and complex: Most will require financial investments and a unified and collaborative approach to restoration and recovery. Within this report, the Task Force recommends an overarching governing and administrative structure to implement recommendations under seven policy themes: water quality, governance, infrastructure, watershed habitat restoration and natural infrastructure, marine debris, education and outreach, and funding. These themes are to be inclusive of and prioritize environmental justice and human health. The Task Force acknowledges that some policies and projects can be implemented immediately to address the areas within the watershed with the most significant water quality issues based on the currently available water quality data, resources, and existing funding sources. It is also important to highlight the infrastructure recommendations that will not only help restore the watershed but can provide a path toward economic recovery and help us get back to work post-pandemic. Biscayne Bay is Miami-Dade County’s most vital quality of life asset and the mainstay of our economy. This report is an urgent and final call to make Biscayne Bay and the protection of the Biscayne Aquifer a county and state priority. We call for a unified and committed effort by Miami-Dade County to work with all municipalities, state and federal agencies, and the public to chart a long-term course towards a healthy and resilient Biscayne Bay. The members of the Biscayne Bay Task Force are grateful for the opportunity to present this report. We are confident that the Board of County Commissioners and the Mayor will take the bold and necessary actions to restore and protect Biscayne Bay for all and forever. - Irela Bagué, Task Force Chair "Whatever the universe is, I believe it is all one. And this fragile shoreline, with its mangroves, coastal hammocks and ancient reef, is a precious part of very little that still survives of our unique environment." - Marjory Stoneman Douglas 9 4 State of the Bay Of local, regional, national, and international importance, Biscayne Bay is a sub-tropical shallow estuary that is home to two state aquatic preserves, a critical wildlife area, a national park and national marine sanctuary. Due to its unique habitat, Biscayne Bay is designated an aquatic park and conservation area by Miami-Dade County. Cradled by the mainland to the west and barrier islands to the east, its 428 square miles continue to be a source of sustenance and economic vitality, while also providing for countless recreational opportunities enjoyed by residents and visitors alike. Its spectacular natural beauty is widely recognized and enjoyed by nearly 2.8 million residents and millions of visitors every year. Despite its many layers of county, state, and federal protection for water quality, habitat, and wildlife, Biscayne Bay is at a tipping point. Historically, Biscayne Bay received freshwater along its shoreline as water traveled south and east, mixing with water from the Atlantic Ocean. Today, natural freshwater flows have been replaced by pulsed, point source discharges from dredged canals, intended to offer flood protection and move water away from inland areas. Canals can intercept groundwater, and more than half of the freshwater received by the Bay enters via the northernmost canals where the most notable seagrass losses have occurred. Runoff from the land, impacted by the activities taking place on land, degrade the quality of the water entering canals and Biscayne Bay. The timing, source, and quality of freshwater delivered to the Bay can and has influenced the health, diversity, and distribution of the flora and fauna that comprise the Biscayne Bay ecosystem. While there may be a general awareness in South Florida of the importance of the Biscayne Aquifer and the need to protect the quality of the groundwater in this aquifer as our sole source of drinking water, what is less known is the connection of this aquifer to Biscayne Bay and the Bay’s dependence on large volumes of clean, fresh water for its ecological health. Hydrological changes, water management practices, upland development, and aged infrastructure have contributed to degraded water quality, seagrass die-offs and algal blooms as determined in part through data collected via the County’s surface water quality and benthic habitat monitoring programs and those data from other agencies and institutions. Biscayne Bay is in trouble. The County’s water quality and seagrass survey data, as well as review of scientific literature and academic studies presented as part of the Task Force’s work, indicate that chronic, low-level nutrient loading and/or acute, pulsed nutrient loading is likely linked to seagrass loss in Biscayne Bay. Excess nutrients can lead to a shift from a seagrass-dominated habitat with clear water, low turbidity, and low levels of algae in the water column, to an algae- based ecosystem that is turbid and reduces habitat essential for fish, birds, marine mammals, and other marine species. Sources of nutrients can include pet waste, fertilizers, and yard clippings and can be conveyed by stormwater outfalls. Other sources may include leaky sewer infrastructure and septic tank effluent. Unique challenges presented by storms and sea level rise compound and complicate these existing issues. Seagrass, the foundation of all life in Biscayne Bay, has declined significantly in several basins. Seagrasses provide habitat for ecologically and economically important fisheries such as shrimp, 10 5 lobster, and various fish species and provide services such as stabilizing sediments and attenuating wave energy from storms. Within the past decade, the scientific community began to better understand and quantify the role that coastal and submerged plants such as seagrasses, mangroves and other tidal wetlands play in sequestering and storing carbon, surpassing the capacity of their upland tree counterparts. While notable coverage of seagrasses occurs in central and southern Biscayne Bay, seagrass losses identified over the past decade span the north, central, and southern regions of the Bay. In the South, Barnes Sound and Manatee Bay basins have experienced a decrease in seagrass of approximately 93 percent. In the central portion of the Bay, along the eastern shoreline near Coral Gables, there has been a decrease in seagrass of approximately 85 percent. And in the basins north of the Rickenbacker Causeway, seagrass losses range from approximately 66 percent to 89 percent (Appendix Q). Despite these setbacks, it is important to know that water quality improvement and seagrass recovery are possible. In Tampa Bay, there was a 90 percent decline in seagrass between 1948 and 1982. Decisive measures were taken, including the formation of a technical team to expressly investigate how to reduce nutrient loading. Following a 57 percent reduction in nitrogen loading between the 1980s and 2002, there was a marked decrease in microscopic algae clouding the water column leading to improved water clarity. This success in meeting water quality targets led to Tampa Bay exceeding their established seagrass recovery goal of 38,000 acres, with 41,655 acres restored by 2016. A similar effort was undertaken in Sarasota Bay that led to a 46 percent reduction in nitrogen loading and subsequent resurgence of seagrass habitat. Thinking beyond restoration of Biscayne Bay to building resilience and long-term health is particularly critical in the face of potential impacts from climate change and sea level rise. The long-term health of our local economy also stands to gain. Scientists have studied Biscayne Bay’s fragile ecosystem and the most recent call to action came from the National Oceanic and Atmospheric Administration (NOAA) in 2019, with a warning of a “regime change” occurring in Biscayne Bay’s ecosystem. We, the 2.8 million people who live in and call Miami-Dade County home, must answer that call. In taking action, it is important to acknowledge past restoration and management planning efforts (Appendix E) but also to elevate what makes this effort different. Numerous efforts have focused on restoring the health and economic value of Biscayne Bay. Each of these efforts has been united by three common elements. First, the efforts have been collaborative in that their development involved several relevant agencies, organizations, scientific institutions, and community members contributing their knowledge and fervent support for a healthy Biscayne Bay. Second, they tell a story of Biscayne Bay and its watershed’s past and set a plan in motion for the future.1 Third, they are predicated on the same or similar issues over the years that are imperative to address if the issues 1 Watershed: A land area that channels rainfall and snowmelt to creeks, streams, and rivers, and eventually to outflow points such as reservoirs, bays, and the ocean. https://oceanservice.noaa.gov/facts/watershed.html 11 6 are to be overcome and restoration and long-term health of Biscayne Bay a reality. But many previously identified threats remain unabated. Biscayne Bay’s resilience – its capacity to withstand future changes in land use, climate shocks and stressors, and infrastructure failures – will continue to be at risk without bold action focused on watershed restoration through a permanent, unified and transparent approach to manage its recovery. That is why this unified approach to recovery for a healthy and resilient Bay builds on and expands the knowledge and efforts of the past with bold, brave ideas while centering the following core ideas in order to be successful in bringing Biscayne Bay back from the brink: Water Quality is the focus of the initiatives laid out in this vision. Municipal, County, State and Federal agencies along with community organizations must commit to this work, the fruits of which may take years to be realized. Leadership is central to implement the bold changes we need and to hold ourselves accountable over time to bring about the change we are working toward and know we can achieve. Education is the tool by which our communities and our leaders will remain invested in this work and each other as we gain a clearer understanding of what projects and initiatives must be accomplished to restore Biscayne Bay. Improving upon the past and empowering our communities to participate in this work also requires that this process uphold the tenets of environmental justice. These tenets demand, among other things, “...that public policy be based on mutual respect and justice for all peoples, free from any form of discrimination or bias” as well as “...the right to ethical, balanced and responsible uses of land and renewable resources in the interest of a sustainable planet for...[all] living things.”2 The process of restoring and recovering Biscayne Bay’s resources and continuing to work to ensure the Bay is visually and physically accessible for all people is in service of these ideals and in doing so is in service to the people and natural resources of Miami-Dade County. Furthermore, restoration and recovery of the Bay’s resources through the infrastructure and technology improvements that stem from the recommendations in this report will help get our community back to work following the economic hardship imposed by the COVID-19 pandemic. It is the hope and the mission of the Task Force that this unified and collaborative vision, overseen by a body of agencies and stakeholders, will be effective in bringing about tangible and lasting change for the health of our Bay, for the quality of life of our residents and visitors, and the future of our region’s economy. 2 As drafted and adopted at the First National People of Color Environmental Leadership Summit in 1991 in Washington, DC, 1991. http://lvejo.org/wp-content/uploads/2015/04/ej-jemez-principles.pdf 12 7 Recommendations The following section outlines recommendations the County should take to restore water quality in Biscayne Bay. The Task Force recommends the establishment of an overarching administrative structure to implement recommendations under seven policy themes. Overarching Recommendation A unified and collaborative approach to watershed restoration is urgently needed. To improve the water quality and the health of Biscayne Bay, the Task Force recommends:  Miami-Dade County’s Board of County Commissioners (BCC) should create a new intergovernmental body called the Biscayne Bay Watershed Management Board (WMB).  The WMB should be supported by the creation of a new position called the Chief Bay Officer (CBO) in the Office of the Mayor. The WMB and the CBO should be supported by County staff, appropriate technical experts and community input to improve water quality in the Biscayne Bay watershed.  The WMB will be responsible to develop and, upon approval by the BCC, implement the Biscayne Bay Watershed Restoration Plan (WRP). The WMB, working with the CBO, should ensure that the following recommendations by the Task Force are implemented. 13 8 Figure 1. Map of the Biscayne Bay watershed and managed areas within and adjacent to the watershed. NOTE: Watershed layer obtained from SFWMD. These subwatersheds are the smallest units classified in AHED (Arc Hydro Enhanced Database). They were formerly known at the District as Subbasins. 14 9 1. Water Quality Improving Biscayne Bay’s water quality will require significant reductions in the levels of pollutants within its watershed. Significant improvements must be made to waters received by the Bay and canals through outfalls and sheetflow. Groundwater quality within the Biscayne Aquifer must also be improved given that the aquifer is the Bay’s watershed. Fresh water flows through this highly transmissive aquifer carry pollutants directly into the surface waters of canals and Biscayne Bay. Many actions are urgently needed to restore the Biscayne Bay watershed and protect the Biscayne Aquifer as it is our sole source of drinking water and a carrier of pollutants to the Bay. These actions include pollutant load reduction goals; additional monitoring to measure progress against those goals; leveraging the County’s role as a local authority; an open, centralized information data repository; demonstration projects – implemented and monitored; integrated flood risk reduction and water quality planning, policies, and management; a climate change vulnerability assessment; specific studies that fill key knowledge gaps; fertilizer ordinance; and capitalizing on existing County entities to make improvements to the regulatory review process to focus on Biscayne Bay and increase enforcement. The Task Force recommends that the County: 1A. Establish science-based, pollutant load reduction goals and interim targets to improve quality of surface water and groundwater and codify these limits in Chapter 24 to achieve deep reduction in pollutant loads for restoration of seagrass meadows to historic coverages consistent with a healthy Biscayne Bay ecosystem as part of a Biscayne Bay Watershed Restoration Plan (WRP). Pollutant load reduction goals and interim targets should consider future scenarios of land-use, population, existing and future development, local and South Florida water management infrastructure, and climate shocks and stressors. Nutrient load reduction targets established for surface water and groundwater entering the aquifer and canals should be based on meeting, at a minimum, the chlorophyll-a based criteria, or “protective” criteria for total nitrogen (TN) and total phosphorus (TP) at the point groundwater enters the Bay as well as the locations where groundwater enters canals connected to the Bay. The County should implement similar strategies for other pollutants of concern, including fecal indicator bacteria (FIB), metals, and petroleum-based pollutants, where impairments and other hotspots have been identified to ensure consistent standards that protect public health and our economy. 1B. Develop, implement and continuously monitor and demonstrate progress toward meeting 1A’s pollutant load reduction goals and interim targets for surface and groundwater and linked 15 10 biological recovery. Updates should be reported to and reviewed by the WMB on a regular basis. Pollutant load reduction and biological recovery targets and goals toward meeting targets should be updated on a regular basis, every two to three years. Targets and goals should be updated based on actual land-use, population, development, local and South Florida water management infrastructure and the Comprehensive Everglades Restoration Plan, and climate shocks and stressors. Monitoring should leverage coastal information and observation system approaches with remote monitoring as necessary, to demonstrate progress toward meeting interim targets and goals. Progress should also be assessed based on measurements made at individual stations or subsets of stations based on their proximity to the shoreline. 1C. Leverage the Department of Regulatory and Economic Resources’ (RER) role as regulatory agency to activate additional resource management functions. Permits requested from and authorized by County divisions (all divisions in RER and the Water and Sewer Department (WASD)) should be coordinated, rigorously documented and archived for continuous review and evaluation to ensure they meet pollutant load reduction goals (1A). This should include: i) Evaluation of permit applications including but not limited to water control and coastal and freshwater wetland dredge and fill projects. This information should be quantitative, quality-assured, transparent, documented, archived, and made publicly accessible (1E; data library). ii) Required water quality monitoring associated with permitted activities to ensure water quality specifications are maintained and Best Management Practices (BMP) are performed as specified to verify that pollutant load reductions goals are being met. Update Chapter 24 as needed to ensure tracking and monitoring of these activities. iii) Exercising of role as municipal separate stormwater sewer system (MS4) permit-holder to collect MS4 co-permittee information on types and implementation of all forms of BMPs, including a County-wide atlas of stormwater infrastructure systems, with maps of locations and details related to the sizing of stormwater infrastructure, and additional information as needed, to evaluate MS4 activities and compliance with pollutant load reduction goals and biological recovery targets. When reviewing applications related to stormwater, the County should consider the information produced and documented by other MS4 permit-holders and the SFWMD to assess compliance with pollutant load reduction goals. 1D. The County should use the information collected per 1C to conduct an immediate assessment of land-based hotspot areas prioritized based on existing, known impairments. Additionally, each municipality shall evaluate the water quality of each of its outfalls and report outcomes. This information should be employed to support the creation of an ordinance to be 16 11 created that requires outfalls not meeting standards to be corrected or eliminated within a certain time period. 1E. Review, develop (as needed), implement and enforce local ordinances and policies to attain pollution load reduction goals set forth in the Watershed Restoration Plan (WRP). Policies and enforcement should emphasize known and emerging sources of pollution to surface waters and groundwater including septic systems, exfiltration trenches, and other sources of stormwater pollution regulated through permits and managed via Best Management Practices (BMPs). The County should seek support as needed, and review, utilize and strengthen enforcement of Chapter 24 to enforce these pollution load reduction goals and measures of the Watershed Restoration Plan with emphasis on pollutant load reductions in the Biscayne Aquifer and through stormwater outfalls. 1F. Coordinate, staff and provide an annual budget for comprehensive, centralized Biscayne Bay Watershed data and research collaboration and data management infrastructure (e.g., searchable data library), including a GIS-based repository integrating groundwater, surface water, external agency datasets, and documentation required from MS4 co-permittees following recommendation 1C. Include information about ongoing city, agency, and university ongoing research and monitoring activities, existing and planned BMPs, watershed restoration, natural infrastructure projects, and infrastructure projects. Update regularly. 1G. Undertake and secure funding for new pilot projects and research projects focused on reducing pollutant loads. Projects should include specific, focused in-situ monitoring of areas that implement: conversions of septic to sewer and alternative decentralized wastewater systems, stormwater systems based on alternative design criteria and features, living shorelines and seawalls, stormwater easements (e.g. bioswales), and retention ponds to generate the project-specific information needed to implement and improve effectiveness of pollutant load reduction strategies, assess water quality-based performance, and track reductions in pollutant loads. This should include a new program of monitoring the effectiveness of BMPs to improve surface water, groundwater, and stormwater quality before waters enter canals and the Bay and for monitoring of significant stormwater outfalls. Funding sources should be identified and secured. 1H. Elevate and further amend the Comprehensive Develop Master Plan (CDMP) to further include Biscayne Bay watershed management planning elements, including Adaptation Action Area planning and other sea level rise planning efforts. Planning efforts should consider alternative design and development criteria in sensitive areas in order to reduce discharge, reduce pollutant loads including loads from the Biscayne Bay watershed and increase watershed pollutant treatment efficiency. The WRP produced by the WMB should include recommended criteria to improve water quality, with a focus on pollutant load reduction, to incorporate into the CDMP and other related planning efforts. Examples include higher standards for projects in the County, such as requiring more stormwater retention through installation of permeable 17 12 surfaces, green infrastructure, or other appropriate strategies to allow less pollutants to runoff into the Bay. 1I. Conduct a climate change vulnerability assessment for Biscayne Bay. The WMB, working with the BCC and County departments, should determine the scope and the issues that would go into a vulnerability assessment for Biscayne Bay, including land use and population, local and regional water management systems scenarios, and CERP scenarios. Federal, state, and local funds should be leveraged to conduct this assessment. 1J. Initiate and fund studies that illuminate specific knowledge gaps for application toward watershed restoration. Specific studies include:  Re-assess the north to south and source (canal, stormwater and groundwater) distribution of discharge entering Biscayne Bay and work with SFWMD and other agencies to identify strategies for implementing wetland rehydration projects (e.g. Deering Estate) in other areas of the watershed to improve distribution, timing and magnitude of flows  Re-generate the circulation modeling output for the Bay, analyze gap-fill monitoring data for robust calibration and validation, and expand domain to northern Biscayne Bay  Institute source tracking in hot spot areas (bacteria, pharmaceuticals, nutrients, petroleum- based pollutants)  Update and apportion pollutant loading of primary watershed and Bay sources, incorporating contributions from episodic loadings from natural hazards and infrastructure failures to develop phosphorus and nitrogen budgets that support Biscayne Bay recovery and resilience  Apply in-situ studies to evaluate the following: a) water quality-based performance of alternative decentralized wastewater and stormwater infrastructure treatment approaches over traditional approaches and b) influence on load contributions to stormwater and groundwater  Re-evaluate “protective” nutrient criteria based on pollutant loads and load reduction goals  Increase the number of permanent seagrass monitoring sites and allocate additional funding as needed  Increase the spatial and temporal frequency of water quality sampling in hot spot areas, areas that have experienced significant increase in pollutant loads, including areas defined as impaired waters, and areas that improve the management of benthic resources  Evaluate the relationship between recreational and commercial fishing activities, food web structure, and Biscayne Bay water quality  Evaluate facility-level pollutant loading contributions against existing permitted discharges 1K. Pass a county-wide ordinance to prevent the negative secondary and cumulative effects of excess nutrients caused by fertilizer runoff entering Biscayne Bay through groundwater and stormwater entering surface water bodies such as canals. The ordinance should include: public, commercial and noncommercial property; a mandate that fertilizer can only be applied to actively-growing turf; a mandate that fertilizer cannot be applied during the rainy season; a 18 13 designation of a fertilizer-free zone of 15 feet from waterways; a focus on the regulation of nitrogen-releasing fertilizer in most forms; and a more rigorous regulation of phosphorus. Additional model ordinances should be developed and codified to reduce use and application of pesticides and herbicides. The County should work with municipalities to adopt the same ordinances. 1L. Increase inspections of all marinas and commercial operations along waterways. Such operations must have containment structures to eliminate direct runoff into waterways. Such containment structures must have treatment equipment especially for oils, grease, and wash water from boat maintenance operations. Impose fines and shutdowns if non-compliance is discovered. 1M. Continue to monitor the progress of the October 7th, 2015 Consent Agreement between FP&L and Miami-Dade County to address impacts associated with the plant, including addressing the hypersaline groundwater plume and elevated levels of chlorides found outside property boundaries including within the L-31E canal. The County should continue to monitor water quality in the areas surrounding the Turkey Point facility including elevated levels of chlorides, as well as nutrients such as ammonia, and take appropriate actions to ensure the environment is protected and that pollutant load reduction goals are met. 19 14 2. Governance In order to establish a permanent and unified approach to the recovery of water quality in Biscayne Bay and future management of the watershed, the Task Force recommends that the County: 2A. Establish by ordinance or other comparable process that establishes the Biscayne Bay Watershed Management Board (WMB) as a permanent organization. The Task Force recommends the selection and invitation of participants with diverse backgrounds to the WMB and its committees. It is recommended that the WMB shall be comprised of a total of (11) members as follows:  (3) members of the Board of County Commissioners (BCC);  (3) designees of the Miami-Dade County League of Cities;  South Florida Water Management District Governing Board (member who resides in Miami-Dade County);  Florida Department of Environmental Protection;  U.S. Department of Interior;  Florida Fish and Wildlife Conservation Commission; and  Florida Inland Navigational District. Members will have experience with issues related to Biscayne Bay and are expected to leverage the professional and financial resources of their respective organizations to achieve goals of the Watershed Restoration Plan. 2B. The Mayor should appoint a Chief Bay Officer (CBO) and request funding for the position. The CBO will advise the Miami-Dade County Mayor and the BCC and manage the WMB and its committees. The CBO will act as liaison with County departments, County boards, external agencies, stakeholder groups, and local, state, and federal governments on water quality issues, policies and appropriations related to the health and recovery of Biscayne Bay. 2C. The WMB will, with technical and community recommendations, review, recommend funding for and implement the Watershed Restoration Plan (WRP) to send to the BCC in order to achieve time-bound and measurable progress toward WRP goals to achieve water quality and seagrass restoration and meet its mandate of Bay health, recovery, and resilience. The WRP should be developed by the end of 2021. While developing the plan, the WMB can concurrently work to implement recommendations in this report . The WMB will be responsible for making recommendations to Miami-Dade County departments and to the Office of Management and Budget to prioritize water quality restoration in the annual budget cycle. 20 15 The WMB will work to make recommendations and develop funding strategies for projects to be reviewed and approved by the BCC, incorporate relevant policies in Senate Bill 712 (SB 712) Clean Waterways Act (Appendix K), develop and execute the Biscayne Bay Watershed Restoration Plan, inform the BCC on a regular basis, secure funding for meeting the timeline for pollutant load reduction goals, and update the Biscayne Bay SWIM Plan, as mandated by the SWIM Act per Chapter 87-97 Florida Statutes (Appendix E). The WMB shall collaborate in organizing a biannual Biscayne Bay Marine Health Summit. The WMB should establish and appoint committees to address specific Bay issues to advise and make recommendations on policies, restoration projects, public information campaigns and water quality monitoring and targets. The Task Force recommends establishing the following committees: Technical Advisory Committee, the Community Advisory Committee, and the Nutrient Reduction Committee. Figure 2. The proposed organizational structure above highlights the working relationship between the BCC, CBO, Office of the Mayor, WMB, and the committees. The description in Appendix J further defines the roles of the entities and Watershed Restoration Plan. Existing entities are shown in blue boxes while new recommendations by this Task Force are shown in purple boxes. Solid green lines mean an entity has direct oversight over a connecting entity. Dotted green lines mean an entity plays an advisory role to another entity. 21 16 2D. Develop a formal partnership in the form of a Memorandum of Understanding (MOU) with the SFWMD to create an internal staff working group in addition to their participation on the WMB. The CBO will lead this effort. The group will work collaboratively to implement the WRP and manage and fund activities to meet pollutant load reduction goals; determine redundancies and data gaps; focus on canals that show high nutrient loads, and trash pollution and study pollutant loads originating outside the watershed, including agricultural sources; develop BMPs and Outstanding Waters standards and regulations, and enhance adaptation efforts to improve the resilience of the regional water management system to manage saltwater intrusion. 2E. Enable the alignment and coordination of County departments to ensure a holistic, comprehensive approach is taken for Biscayne Bay recovery and resilience. Resilient305 directs Greater Miami and the Beaches to Restore and Preserve Biscayne Bay (Action 1), Employ a One Water Approach (Action 54), and Share Bold Integrated Water Models (Action 53) to align County departments in their work on issues that must be dealt with for the Bay’s long-term health.3 Direct departments to prioritize Biscayne Bay recovery and resilience in their budgets and develop performance metrics to assess the effectiveness of this effort and identify funding. Report progress in quarterly updates to the Science/Technical Advisory committee and, as needed, to the full WMB. 2F. Develop a formal partnership in the form of a Memorandum of Understanding (MOU) with the Miami River Commission (MRC) to ensure that the advice and expertise of the MRC is available to the CBO and the WMB. The MRC has 20 years of experience advising public and private interests along the Miami River that will be invaluable in the development of the WRP and in the implementation of many other recommendations. 3 Greater Miami and the Beaches, Resilient305 Strategy. 31 May 2019. <https://resilient305.com/> 22 17 3. Infrastructure As we grapple with the economic impacts of the global pandemic, turning to infrastructure investments is one strategy to lift our economy. During past national downturns, infrastructure stimulus spending has boosted near-term economic activity. Likewise, improvements to our septic, sewer, and stormwater systems are critical investments that will advance the health of the Bay and prove to be the economic stimulus that our County needs. There is no better time to invest in our County than now. For some of the regulatory driven investments, such as the Consent Decree to fix leaky sewer lines, managing assets and making sure these programs are fully funded and implemented is a priority. Therefore, creating design standards, establishing construction inspection requirements, and setting operation and maintenance regulations for wastewater collection, including septic systems, water and wastewater, and stormwater collection and drainage system are to be reviewed and updated in Chapter 24 of the Miami-Dade County Code as needed in order to ensure countywide infrastructure is working as intended and not contributing pollution to the Bay. For Septic Systems: The State’s Blue-Green Algae Task Force Consensus Document4 recommended “a septic system inspection and monitoring program” to identify “improperly functioning and/or failing systems so that corrective action can be taken to reduce nutrient pollution, negative environmental impacts and preserve human health.” The Task Force also noted that “current regulations prohibit permitting of new septic systems on lots of one acre or less…within an Outstanding Florida Spring watershed unless the system includes enhanced treatment.” The County drafted a report, Septic Systems Vulnerable to Sea Level Rise, in November 2018, noting the occurrence of improperly functioning and/or failing systems based on current and future groundwater levels (Appendix L). Florida Senate Bill 712 (Appendix K) takes effect July 1, 2020 and transfers duties and powers from the Department of Health to the Department of Environmental Protection, including to “develop a comprehensive program to ensure that onsite sewage treatment and disposal systems regulated by the department are sized, designed, constructed, installed, sited, repaired, modified, abandoned, used, operated, and maintained in compliance with this section and rules 4 Blue-Green Algae Task Force Consensus Document #1. 11 October 2019. <https://floridadep.gov/sites/default/files/Final%20Consensus%20%231_0.pdf> FDEP 23 18 adopted under this section to prevent groundwater contamination, including impacts from nutrient pollution, and surface water contamination and to preserve the public health.” The Task Force recommends that the County: 3A. Increase compliance with existing laws to result in the immediate connection of ~12,000 properties to the sewer system and reduction in the number of new septic systems in coastal/waterfront areas. 3B. Develop and enforce septic system design criteria with design parameters, including proximity to canals and Biscayne Bay, elevation relative to groundwater level, sea level rise, sizing, materials, individual and cumulative loading, and basin-specific criteria. Basin-specific criteria should be based on existing (or lack of) infrastructure, land use, loading parameters and other criteria to ensure pollutant load reduction goals are met. 3C. Initiate a mandatory septic system registration and inspection program that will first prioritize those systems identified as vulnerable to shallow groundwater levels, those near (within 1000 feet of) Biscayne Bay and canals, and those for new and substantially improved (50% of market value) developments. The program should then be expanded county-wide. In addition, utilize alternative treatment technologies or conversion to sewer, and identify, create and secure new funding sources. Efforts should build on the State’s Task Force recommendations and SB 712 - Clean Waterways Act provisions (Appendix K). All data and records pertaining to such recommendations should reviewed by County staff, and WMB advisory committees, then presented for review by WMB. For Water and Wastewater Systems: One Sanitary Sewer Overflow (SSO) is one too many; these are preventable with appropriate policies and enforcement. The County must be proactive and have reliable information on all its underground assets. For water and wastewater systems in Miami-Dade County, the County is the primary system for all jurisdictions. Though some municipalities own and operate their own infrastructure, the main system receiving the effluent is managed by the County. Additionally, all design, operation, and maintenance requirements must include effluent standards for pollutants. The Task Force recommends that the County: 3D. Undertake immediate efforts to identify and eliminate all root causes of Sanitary Sewer Overflows (SSO) including inflow and infiltration. Accelerate sewer infrastructure maintenance and upgrades, with an emphasis on addressing all wastewater sewers that are located within 2,000 linear feet from Biscayne Bay shorelines and further West (inland) near Canals, Creeks, Rivers and Lakes to reduce the potential for and impacts of SSOs, should they occur. All plans are to be certified by letter/report, that is signed, and sealed by a Florida Registered Professional 24 19 Engineer. Ensure the County institutes its authority to implement proactive management and have reliable information on all underground assets. Ensure adequate funding is authorized to accelerate these activities. Use the County’s authority to institute stiffer penalties for SSOs, understanding that SSOs harm the economic prosperity, health and quality of life of its residents and businesses – referencing SB 712 (Appendix K) and increasing fines for unpermitted activities over SB 712 (sanitary sewers, maintenance, etc.). 3E. Develop and expedite a Condition Assessment and Asset Management Action Plan to document the condition of the County’s wastewater system assets and certify all historical “As Builts” and/or those not already certified with a focus on identifying horizontal and vertical locations of main wastewater transmission lines. As-builts must be certified, signed and sealed by a Florida Professional Surveyor and Mapper qualified and registered to do work in Miami- Dade County. In addition, a Florida Professional Engineer, qualified and registered to do work in Miami-Dade County shall inspect and document the condition of these assets, to prioritize their condition based on risk of failure and expedite rehabilitation and/or replacement or lining following mandates in the WASD consent decree. For Stormwater Systems: Actions to improve stormwater systems should leverage cost- and maintenance-effectiveness of technologies and should be holistic in order to address stormwater quality concerns at all levels, both for public and private systems countywide. It is important to note that stormwater systems in Miami-Dade County are controlled by jurisdictions. The County only has control over the stormwater system in the Unincorporated Municipal Service Area (UMSA), so working with municipalities to coordinate improvements is critical. The Task Force recommends that the County: 3F. Enforce the existing code and update the stormwater design criteria to improve effectiveness and include advances in stormwater treatment technologies such as stormwater catch basins, stormwater filtering systems and smart stormwater system technology that can also take into account future hydrologic conditions related to CERP and climate change. Existing Code should be updated to establish an annual operating permit for all municipal and private stormwater systems to include regular inspections and monitoring to address performance such as during heavy rainfall events. Stormwater design criteria should be updated for science-based effectiveness of water quality treatment and consider the multitude of impacts that sediment erosion, leaves, litter and other items have on stormwater systems. These can include costs of cleanups, floods caused by clogged stormwater catch basins and pipes, and groundwater and surface water pollution caused by stormwater runoff. Evaluation of technologies should be holistic in order to address stormwater runoff concerns at all points, from the street level through the outfalls. All design, operation, and maintenance requirements must include effluent standards for pollutants. Develop and implement guidelines for stormwater dry retention ponds 25 20 and swales that maximize watershed pollutant retention. Allocate funding for pollutant monitoring to improve design of dry and wet retention ponds for Miami-Dade County and areas within the SFWMD regional system. 3G. Develop a plan to prioritize the retrofitting of stormwater infrastructure within basins with the most substantial water quality and/or habitat degradation issues . All stormwater systems should be upgraded to maximize protection of water quality and municipalities should be urged to provide updates of storm water improvements to the County for inventory. 3H. Eliminate direct and indirect stormwater discharges to Biscayne Bay through a combination of infrastructure modifications (e.g., treatment technologies) to retain more stormwater at the property-level via increased stormwater management in retention and infiltration and to conduct monitoring to verify, identify and secure funding through community based and/or public private partnerships while leveraging private working capital for implementation. Eliminate discharge of untreated stormwater into canals, creeks, rivers, and lakes, including from the streets. Conduct monitoring to verify, identify and secure funding to implement. Ensure basic design criteria for stormwater system management are met and documented to include : 1) grates to block debris from entering the storm drains and smart water sensors, 2) more regular maintenance of stormwater systems to prevent discharge of debris and sediment, 3) more regular cleaning of storm drainage system, and 4) standards that account for higher groundwater levels and the reduced efficacy of exfiltration systems. Specify a minimum stormwater system management schedule for MS4 co-permittees for stormwater discharged into canals, creeks, rivers, and lakes, conduct monitoring to verify, identify and secure funding to implement. Implement a regular review process to update design criteria to take future conditions into account. For Design and Construction Methods: 3I. Set policy that all As-Builts/Record Drawings are done and certified by a Florida Professional Surveyor and Mapper qualified and registered to do work in Miami-Dade County. 3J. Set policy to require during the design phase of future construction that all existing utilities are designated and located vertically and horizontally based on American Society of Civil Engineers (ASCE) Standard 38-02 (Appendix M) utilizing nondestructive subsurface utility engineering methods, such as soft digs and 3-D ground penetrating radar. Survey grade Mobile or Static LIDAR shall be used for mapping above ground features and utilities conducted by a Florida Professional Surveyor and Mapper qualified and registered to do work in Miami-Dade County. During plans review process, Miami-Dade County shall ensure design complies with the policy prior to final approval or issuance of any construction permit. 26 21 For Coastal Flood Management Systems: 3K. Ensure that new infrastructure projects to address coastal flooding and storm surge that are cost-shared by the County adhere to the recommendations of this Task Force and prioritize Biscayne Bay health and resilience. This includes such information as USACE Back Bay Coastal Storm Risk Management (CSRM) Feasibility Study and any future flood control projects. 27 22 4. Watershed Habitat Restoration and Natural Infrastructure and Natural Infrastructure Biscayne Bay’s health is dependent on the activities that happen within its watershed. Improving and restoring habitat countywide has multiple benefits, including diversifying plant and animal species, providing habitat for fisheries, and increasing green spaces that absorb and filter water before it reaches our waterways and the Bay. Depending on the project, natural infrastructure is just as beneficial: It can provide additional water filtration services, can act as habitat for fisheries and other wildlife that help support our economy, and can protect the shoreline from coastal erosion and storm surge. To utilize watershed habitat restoration and natural infrastructure to improve the health of the Bay, the Task Force recommends that the County: 4A. Develop ecologically acceptable living shoreline design options that are consistent with the existing Biscayne Bay Aquatic Preserve Act. The County shall create “A Living Shoreline Guide” and conduct workshops with municipalities, developers, coastal engineers, and other industry experts to provide the appropriate guidance on design and regulations. The County should develop incentives for living shoreline installation. 4B. Raise awareness of the value of mangroves through a homeowner education campaign. Mangroves are the first line of coastal defense and a natural barrier protecting coastal communities from storm surge, flooding, and sea level rise. Mangroves provide carbon storage which helps lower carbon emissions. 4C. Increase enforcement of existing rules for protecting existing mangroves and mangrove shorelines to improve their future health and maintain the appropriate amount of canopy. Existing culverts that provide water to existing mangroves must be inspected and repaired. 4D. Identify vulnerable properties along the coastline and partner with municipalities to focus on public properties and private property owners to create a voluntary Mangrove Protection and Restoration Zone Program (e.g., mangrove planter box initiative) in flood-prone coastal communities to designate protection zones, plant mangroves based on the “A Living Shoreline Guide,” and monitor and report progress after storm events. In this effort, the County should include: data collection, review and consideration of opportunities for converting flood-damaged properties from willing sellers participating in current and future buy-out programs; and increasing buffer areas via vegetated easements or as projects for listing in the Miami-Dade County Local Mitigation Strategy (LMS). 28 23 4E. Prioritize existing and identify new green and blue infrastructure approaches and restoration projects, including projects identified in existing plans like the Miami-Dade County Department of Parks, Recreation, and Open Spaces Parks and Open Space System Master Plan, using data to help inform projects with significant potential for improving water quality. Retain a pool of environmental engineering firms with qualifications that include green infrastructure projects to assist staff in designing and implementing these projects. Create mechanisms for expanding research and monitoring capacity by local universities to include adequate studying and tracking of funds as a proportion of project financing to ensure water quality improvements. Increase incentives for green infrastructure, such as green walls and roofs, for new development, substantially improved/damaged structures, and retrofitting projects to decrease pollutant runoff. In addition, each new seawall permit application should be evaluated for natural and hybrid alternatives. Review existing County regulatory process and policies as necessary to promote the installation of natural shorelines and green infrastructure consistent with protection and enhancement of Biscayne Bay. 4F. Continue to work with SFWMD and to have the State of Florida allocate the funds necessary to ensure the timely commencement of construction of the Cutler Flow Way in accordance with the project timeline in the Integrated Delivery Schedule. The County has been a significant investor of funding and resources for the Comprehensive Everglades Restoration Plan (CERP) Biscayne Bay Coastal Wetlands (BBCW) Project by providing land acquisition, staff resources, data sharing, and directly funding a portion of the costs for the redesign of the Cutler Flow Way for Phase 1 of BBCW. Funds must be allocated from the State of Florida in a timely manner to ensure commencement of construction of the Cutler Flow Way and to allow for completion and operation under the current Integrated Delivery Schedule without further delays. 4G. Continue to advocate for funding to support the Biscayne Bay Southern Everglades Ecosystem Restoration (BBSEER) project (also known as the BBCW / C-111). The County should continue to actively participate and coordinate as part of the Project Delivery Team during the planning process with the USACE and SFWMD and other agencies of the Program Delivery Team (PDT) to ensure that the quantity, quality, timing and distribution of water are adequate for the complete, full scale salinity restoration of the portions of the Bay proposed for restoration under the BBCW and BBSEER projects. 4H. Establish seagrass growth and maintenance requirements based on pollutant loading and reduction targets (nutrients, sediments/turbidity), influence of temperature and dissolved oxygen, carbon dioxide, changes in food web structure, Bay recreational use, and resulting influence on water clarity and seagrass health. 4I. Accelerate green infrastructure solutions for flooding, resiliency and water quality that include a review of watershed habitat restoration opportunities in repetitive loss areas and future flood hazard areas. Evaluate and allocate cost savings of Community Rating Systems (CRS) benefits into the Biscayne Bay watershed water quality restoration plan. 29 24 5. Marine Debris Marine debris is one of the most widespread problems stressing the world's oceans, waterways, and coastlines. It can travel long distances and traverse territorial borders, and there are many difficulties in identifying its sources. There are two common sources of marine debris: the actions that take place on land (land-based sources), and the actions that take place in waterways and the marine environment (water-based sources). It is estimated that 80% of marine debris is from land-based sources. To reduce marine debris and its impacts to the stormwater system, the Task Force recommends that the County: 5A. Create a comprehensive marine debris prevention, reduction, and removal program within DERM and adequately fund and staff the program. The primary goal of the program would be to prevent, reduce, and remove the amount of marine debris entering Biscayne Bay and its tidal tributaries, thereby reducing the impact of marine debris on the Bay’s flora and fauna while enhancing the quality of life for the County’s residents and visitors. To accomplish this goal, program activities should include, at a minimum, marine debris related project planning, implementation and obtaining funding; public outreach and education; and enforcement action when necessary and appropriate. The program should establish annual targets for the prevention, reduction, and removal of marine debris entering the Bay. 5B. Establish a marine debris working group to promote collaboration on ways to reduce marine debris. The working group may include, but not necessarily be limited to, representatives of County, state and municipal resource agencies, including the SFWMD, law enforcement agencies, stormwater utilities, solid waste and public works departments, recreational and commercial boaters and fishers, and NGOs. Among the purposes of the working group should be to share information, coordinate efforts, and develop a plan to prevent, reduce, and remove marine debris. The plan should address marine debris emergency response and define annual targets for the prevention, reduction, and removal of marine debris entering the Bay. The marine debris working group could also make recommendations to the County and municipalities regarding policy and legislation for the prevention and reduction of marine debris. 5C. Through the Miami-Dade County Police Department, direct the Marine Patrol Unit to prioritize its commitment to the enforcement of all applicable laws having a nexus to the environmental health of the Bay and its tributaries, including but not limited to those related to fisheries, derelict and at-risk vessels, vessel marine sanitation devices, vessel speed zones, vessel groundings and mooring restrictions. The BCC should urge state and municipal marine law enforcement agencies to do the same. 30 25 5D. Conduct an analysis of marine debris in Biscayne Bay to identify primary sources of marine debris, the routes by which it is introduced into the Bay, and the areas of most significant accumulations, including within stormwater catchment basins, to guide prevention efforts and target removal. 5E. Adopt a target maximum input level policy for trash. Work with municipalities to decrease the amount of trash pollution entering Biscayne Bay from land-based trash sources and stormwater systems. 5F. Evaluate the various existing stormwater outfall systems throughout the County to determine their effectiveness at preventing debris from entering Biscayne Bay. This evaluation should include any recommendations for alternative designs and maintenance as well as any changes in policy or regulations regarding installation of stormwater outfall systems. 5G. Identify and establish dedicated and recurring funding sources to pay for marine debris prevention and removal activities and to use as matching funds for supplemental grant opportunities. Such sources may include, but not be limited to, vessel registration fees and stormwater utility fees. 31 26 6. Education and Outreach Every citizen and visitor must be informed and educated about water quality impacts related to littering and pollution. They must be given ample opportunities to create a personal connection to, and responsibility for, the health of Biscayne Bay. To educate citizens and visitors, the Task Force recommends the County: 6A. Create a multilingual, multimedia campaign and educational outreach program to promote and improve awareness of the economic, commercial, and recreational opportunities of Biscayne Bay. 6B. Leverage the funding in the Community Based Organization grant program to create a special focus on Biscayne Bay education. Encourage greater coordination with local environmental education organizations, including the Environmental Education Providers, and work together with related NGOs, municipalities, agencies, public/private schools, academic institutions, environmental organizations, business organizations, and marine and tourism industry organizations to increase impact and avoid duplication of efforts. 6C. Conduct an educational campaign to inform the public on the proper and improper ways to dispose of trash and the impacts of littering and marine debris to the health and management of Biscayne Bay as recommended by the Grand Jury Report dated August 8th 2019 (Appendix D), and instructed by Resolution R-1260-19 adopted on November 11th, 2019 (Appendix O). Include promoting native landscapes and xeriscapes and education on the vulnerability of the Biscayne Aquifer and watershed to pollutants among other key topics. As part of the campaign, increase signage in public areas and include storm drain signage as adopted in Resolution R-1335-19 (Appendix P). 6D. Implement policies to reduce the amount of locally generated plastic marine debris by restricting or banning the use and/or sale of single-use plastic items at County buildings, parks, beaches, and other facilities, and at County-sponsored events. 6E. Build upon and increase volunteer clean-up activities county-wide to support the “Keep Miami-Dade County Beautiful” initiative with the Departments of Solid Waste Management and Parks, Recreation and Open Spaces, through “Neat Streets Miami.” 6F. Develop environmental sustainability and “plastic free” best practices for commercial businesses and all public events and county-owned properties. Incorporate “Leave No Trace” principles in public education campaign. FDEP 32 27 6G. Support a “Living Laboratory for Bay Health” in conjunction with local universities, NGOs, and private sector partners to train and inspire the next generation of scientists, eco-engineers and environmental stewards through sustainable and resilient policies and business practices. Develop partnerships with academic, business and industry associations. 6H. Develop and implement a contractor and lawn care industry training program for contractors that do business with the County and all MS4 co-permittees, including County and city staff. Include an educational campaign specific to the landscaping industry about proper disposal of yard waste and the detrimental water quality impacts resulting from fertilizer use. 6I. Expand the scope of Baynanza to add year-round activities and collaborate on Biscayne Bay Marine Health Summit activities 33 28 7. Funding Since all governmental levels have a role in the management of the Bay, funding needs to come from all levels: federal, state, and local as well as public private partnerships. Adequate external funding will be necessary to preserve, protect and revitalize the habitat and watershed for long-term, meaningful results. To ensure funding for projects and programs, the Task Force recommends the County make water quality restoration of Biscayne Bay an annual budget priority. The Task Force also recommends that the County: 7A. Collaborate with the Miami-Dade Legislative Delegation and the Congressional Delegation to secure annually appropriated funds to support Biscayne Bay watershed restoration, possibly through mechanisms such as legislative budget requests that may include support for a National Estuary Program and other programs that support the Biscayne Bay-based economy and quality of life in Southeast Florida. 7B. Immediately engage in the legislative process to designate a Biscayne Bay License Plate drawing from regional examples of related, successful specialty plates for Indian River Lagoon and the Tampa Bay Estuary. Funds from the sale of the license plate should benefit habitat restoration, pollution prevention and environmental education initiatives. 7C. Immediately enter into a cost-share partnership with SFWMD which has allocated funds to update the 2005 Biscayne Bay Economic Study. The purpose of the Biscayne Bay Economic Study 2019 Update is to estimate the economic contribution of the Bay from 2005 to 2019 as it is used for real estate development, recreation, shipping, cruising, commercial fishing and to update the recreational uses and intensity of use of Biscayne Bay. The study will employ the same methodology as was used in the original 2005 Biscayne Bay Economic Study that evaluated the Bay’s economic contribution from 1980 to 2004 so that comparisons may be made. 7D. Collaborate with Florida Inland Navigational District (FIND) to immediately identify projects that will improve water quality and restoration of the Biscayne Bay watershed. 7E. Leverage municipal financial resources through interlocal agreements to supplement County funds in order to accelerate projects that improve the water quality of Biscayne Bay. 7F. Develop a mechanism to collaborate with municipalities and work with the development community to enhance development rights in exchange for substantial capital investments in protecting Biscayne Bay. 34 29 7G. Direct the preparation of a report of potential funding sources by the Office of Management and Budget and the Office of Intergovernmental Affairs that would potentially be used for long-term support of the restoration of Biscayne Bay. The report should include a review of the following:  All Stormwater utilities - fees for stormwater infrastructure. The County should consider working with the cities to agree to adopt the BBMP;  Evaluate existing revenues to determine if they are adequate to update their stormwater infrastructure to improve water quality;  Evaluate and engage in community-based partnerships and public-private partnerships  Senate Bill 712 (Appendix K)– analyze the matching grant program to upgrade septic systems or hook a septic tank to a municipal sewage system;  Evaluate potential of a voluntary contribution on WASD or municipal stormwater bills would be revenue positive, and add a voluntary contribution to fund priority septic conversions and elimination of direct stormwater outfalls  Explore other grant programs to help upgrade outdated municipal sewage treatment plants;  NOAA marine debris grant funding;  Bond program for Biscayne Bay funding;  EPA urban water program;  Future FDEP funding for septic system upgrades and/or conversion to sewer;  PACE program funding;  Water quality trading;  Mitigation credits 35 30 The Future of the Bay The decline of the Biscayne Bay ecosystem will persist long after our community recovers from the crisis brought on by the COVID-19 pandemic. The Bay faces a multitude of complex problems impacting water quality throughout the watershed. As water quality declines and we lose seagrasses and document degradation of other habitats, the health and resilience of the Bay and our beaches will continue to decline, impacting tourism, recreational and commercial fishing, and boating. Losing the jewel that is Biscayne Bay could severely affect our tourism-driven economy and depreciate waterfront property values. Local and regional canals drain into Biscayne Bay, bringing pollution from stormwater runoff, sewage pipe breaks, compromised septic tanks, plastic, marine debris, and other contaminants. Furthermore, the channelization of our waterways has led to a lack of historic freshwater flows that have contributed to changes in the Bay ecosystem. As our region grows and welcomes new residents and visitors, pollution prevention will be critical to improving water quality in the watershed and Biscayne Bay. However, through a unified, coordinated approach to improving water quality in the short and long-term, we can ensure the recovery and preservation of Biscayne Bay for its ecological functions, economic importance, and natural splendor. The Task Force believes many long-term solutions to improve and manage water quality resides in the upland watershed and will require collaboration and partnership with the State of Florida, 36 31 Miami-Dade County, municipalities, and the private sector. Many of the solutions provide opportunities for stimulating our economy post-pandemic. Land-use changes, behavioral changes, and infrastructure improvements can prevent pollution from reaching our waterways and the Bay. Locally, we must re-examine our County budget and municipal budgets to prioritize projects to advance our pollution reduction goals. At the same time, we must continue to advocate for funding at the state and federal levels. Sustained funding sources at every level will be critical to implement the recommendations in this report and to advance future guidance from the Water Management Board. The creation of a permanent governing entity and the appointment of a Chief Bay Officer by the Mayor will provide the coordination and needed oversight of the Bay and act as the mechanism for addressing the short and long-term issues that lie ahead. Making the Bay's health a priority now and providing additional staff, resources, and expertise will bolster our economy and increase the long-term resilience of Biscayne Bay for our families, visitors, and future generations living, working, and playing in Miami-Dade County. 37 32 Appendices 38 33 Appendix A- Resolution R-165-19 creating the Biscayne Bay Task Force Appendix B - Miami-Dade County Report on the Decline of Seagrasses and Hardbottom (February 2019) Appendix C – NOAA Report on Trends in Chlorophyll and Biscayne Bay Increasing in Nutrients Appendix D- Miami-Dade State Attorney Grand Jury Report on the Health of Biscayne Bay Appendix E- Historical Biscayne Bay Management Planning Documents Appendix F- Additional Submissions to Biscayne Bay Task Force Appendix G- Biscayne Bay is dying, Miami’s economy will die with it if we don’t come to the rescue, Op-Ed by Irela Bagué, Miami Herald Appendix H- Biscayne Bay-related Resolutions of the Miami-Dade County Commission 39 34 Appendix I- Presentations and Speakers received by Biscayne Bay Task Force Meeting BBTF Meeting Date Title/Subject Presenter(s) Name and Title Affiliation #1 Monday, June 15, 2019 Miami-Dade County Commission on Ethics Robert Thompson, Community Affairs Specialist Miami-Dade County COE #2 Monday, July 15, 2019 DERM-RER Natural Resources Programs Overview Lisa Spadafina, Chief, RER-DERM Natural Resources Division Miami-Dade County RER-DERM Biscayne Bay Water Quality and Seagrass Report Summary Pamela Sweeney, Manager, RER_DERM Restoration and Enhancement Section Miami-Dade County RER-DERM Biscayne Bay Habitat Restoration and Enhancement Program Josh Mahoney, ERPS, RER-DERM Restoration and Enhancement Section Miami-Dade County RER-DERM Septic Tank Vulnerability to Sea Level Rise Report Virginia Walsh,P.G., Ph.D., Chief Hydrology Section Miami-Dade County Water and Sewer Department #3 Monday, July 29, 2019 Resilience and Sea Level Rise Strategy James Murley, Chief Resilience Officer Miami-Dade County RER- Office of Resilience Stormwater Regulatory- DERM Water Control Section Maria Molina, P.E. RER-DERM Water Control Section Miami-Dade County RER-DERM Managing Stormwater…The Miami-Dade County Experience Marina Blanco-Pape. P.E., Chief, RER-DERM Water Management Division Miami-Dade County RER-DERM Marine Debris Removal: DERM Coastal Resources Section John Ricisak, ERPS, RER-DERM Miami-Dade County RER-DERM Volunteer Clean Up Organization Dave Doebler , Co-founder VolunteerCleanup .org #4 Monday, August 12, 2019 RER-DERM Water and Wastewater Carlos Hernandez, P.E. Chief, RER-DERM Water and Waster Water Division Miami-Dade County RER-DERM #5 Monday, August 26, 2019 Miami-Dade County Land Use Changes Kimberly Brown, AICP, Supervisor Planning Section, Miami-Dade County RER-Planning Division Miami-Dade WASD Consent Decree Program Lynnette Ramirez, P.E. Senior Advisor Capital Projects and Compliance Miami-Dade County Water and Sewer Department Miami-Dade WASD Capital Improvements and Operations Dr. Douglas Yoder, Deputy Director for Operations Miami-Dade County Water and Sewer Department #6 Monday, September 9, 2019 The Role of Municipalities in Protecting Biscayne Bay: Miami Beach Rising Above Susanne Torriente, Assistant City Manager, Margarita Kruyff, Assistant Director, Environment & Sustainability Department, Roy Coley, Public Works Director, Eric Carpenter, Assistant City Manager City of Miami Beach #7 Wednesday, October 2, 2019 Water Management in the City of Miami Alan Dodd, P.E. Director Resilience and Public Works City of Miami Biscayne Bay Task Force: What's Killing the Bay?Rachel Silverstein, Ph.D., Executive Director Miami Waterkeeper #8 Tuesday, October 15, 2019 RER-DERM Environmental Monitoring & Restoration Division Wilbur Mayorga, P.E., Senior Division Chief Miami-Dade County RER-DERM Macroalgae in Biscayne Bay Different Issues, Causes, and Challenges Dr. Ligia Collado-Vides, Senior Lecturer, Florida International University Florida International University Water Quality of Biscayne Bay Dr. Henry O. Briceno, Professor, Florida International University Institute of Water and Environment, Southeast Environmental Research Center, FIU. #9 Monday, October 28, 2019 Restoration Alternatives to TMDLs Julie Espy, Program Administrator Florida Department of Environmental Protection Biscayne Bay Aquatic Preserves Laura Eldredge, Manager, BBAP Florida Department of Environmental Protection #10 Monday, November 18, 2019 The Formation of the Tampa Bay Estuary Program & Recovery of Tampa Bay Ed Sherwood, Executive Director Tampa Bay Estuary Program Biscayne Bay Habitat Focus Area Joan Browder, Ph. D.NOAA National Marine Fisheries Science Center Biscayne Bay Task Force Presentations 40 35 Appendix I- Presentations and Speakers received by Biscayne Bay Task Force, con’t. #11 Monday, December 2, 2019 Biscayne Bay Marine Health Summit Luiz Rodrigues, Founder and Coordinator Biscayne Bay Marine Health Summit #12 Monday, January 13, 2020 SFWMD: Operations of C&SF Water Control Structures Discharging to Biscayne Bay Matahel Ansar, Ph.D., P.E. Section Chief SFWMD Applied Hydraulics Section, Hydrology & Hydraulics Bureau Biscayne Bay Water Quality: SWIM Plan to CERP Lawrence Glenn, Director SFWMD Water Resources Division Port Of Miami Becky Hope, Chief of Planning and Property Development Port of Miami #13 Monday, January 27, 2020 WASD Sanitary Sewer System Performance & Asset Management Jose Cueto, Assistant Director Miami-Dade County Water & Sewer Department Coral Gables: Sustainability & Resiliency Matt Anderson, Senior Sustainability Analyst and Jorge Acevedo, P.E. Utilities & ROW Division Chief City of Coral Gables Coral Gables Tidal, Wetland and Water Quality Monitoring Project Tiffany Troxler, Ph.D.FIU Center for Aquatic Chemistry and Environment NOAA Biscayne Bay Water Quality Trends Dr. Christopher Kelble, Oceanographer NOAA Atlantic Oceanographic and Meteorological Laboratory Ocean Chemistry & Ecosystems Division #14 Monday, February 10, 2020 FPL- Turley Point Wilbur Mayorga, P.E. Senior Division Chief, Environmental Monitoring & Restoration Division Miami-Dade County RER-DERM Biscayne Bay Shoreline Development Review Committee Gilbert Blanco, Supervisor-LEED AP, and Maria Cedeno, Principle Planner- SDRC Coordinator Miami-Dade County RER-Development Services Division #15 Monday, February 24, 2020 FIND- Biscayne Bay Restoration Partnership T. Spencer Crowley, FIND Miami Commissioner Florida Inland Navigation District 41 36 Appendix J- Proposed Organizational Structure of Water Management Board Illustrating the Relationships Between Entities  MDC Board of County Commissioners (BCC): Receives reports from WMB for progress updates, requests for funding through contracts, grants and disbursements, requests to collaborate, etc.  Biscayne Bay Watershed Management Board (WMB): Comprised of 11 members outlined in 2A of the Governance section, the WMB will serve as a clearinghouse for the technical and community outreach work. Members will have experience with issues related to Biscayne Bay and are expected to leverage the professional and financial resources of their respective organizations to effect goals of the Watershed Restoration Plan.  Chief Bay Officer (CBO): The CBO will advise the Miami-Dade County Mayor and the BCC and manage the WMB and its committees. The CBO will also act as liaison with County departments, County boards, external agencies, stakeholder groups, and local, state, and federal governments on water quality issues, policies and appropriations related to the health and recovery of Biscayne Bay.  Biscayne Bay Watershed Restoration Plan (WRP): WMB will, with technical and community recommendations, review, recommend funding for and implement the Watershed Restoration Plan (WRP) to achieve time-bound and measurable progress towards WRP goals to achieve water quality and seagrass restoration and meet its mandate of Bay health, recovery, and resilience. The WMB should establish and appoint committees to address specific Bay issues to advise and make recommendations on policies, restoration projects, public information campaigns and water quality monitoring and targets:  Technical Advisory Committee: Will serve as the technical experts to address those issues outlined in the restoration plan and are expected to conduct work that will include but not be limited to engaging with outside experts as needed, design and implement special studies, research and propose innovative designs, standards, and best management practices. Sub-committees may be created and chaired as designated by the Chief Bay Officer or County leadership. This committee communicates with other committees and sub-committees as needed.  Community Advisory Committee: Will serve to implement the education and outreach restoration goals and objectives and will be comprised of members of the community as designated by the WMB or Chief Bay Officer. This committee communicates with other committees and sub- committees as needed.  Nutrient Reduction Committee: Will serve as the technical experts whose mission is specific to the identification (i.e., load, fate, and transport) and reduction of pollutant loading into surface waters of the County. This committee communicates with other committees and sub-committees as needed. 42 37 Appendix K- Senate Bill 712 – Clean Waterways Act Appendix L- Miami-Dade County Report on Septic Systems Vulnerable to Sea Level Rise Appendix M- American Society of Civil Engineers (ASCE) Standards 38-02 Appendix N- Miami-Dade County Parks and Open Spaces Master Plan Appendix O- Resolution R-1260-19 - Creating an Educational Campaign Related to Proper Disposal of Trash Appendix P- Resolution R-1335-19 - Design and Place Signage to Education the Public about Proper Disposal of Trash and the Impact of Littering on Biscayne Bay 43 38 Appendix Q- Seagrass Loss by Basin - 2019 44 39 Biscayne Bay Recovery At-a-Glance WATER QUALITY 1A Establish science-based, pollutant load reduction goals and interim targets Short-Term (S) 1B Develop, implement, and continuously monitor and demonstrate progress toward meeting 1A’s pollutant load reduction goals and interim targets Short-Term (S) 1C Activate additional Department of Regulatory and Economic Resources’ (RER) resource management functions Immediate (I) 1D County should conduct an immediate assessment of land-based hotspot areas prioritized based on existing, known impairments Immediate (I) 1E Review, develop (as needed), implement and enforce local ordinances and policies to attain pollution load reduction goals set forth in the Watershed Restoration Plan (WRP) Short-Term (S) 1F Coordinate, staff and provide an annual budget for comprehensive, centralized Biscayne Bay Watershed data and research coordination and data management infrastructure Immediate (I) 1G Undertake and secure funding for new pilot projects and research projects focused on reducing pollutant loads Immediate (I) 1H  Elevate and further amend the Comprehensive Develop Master Plan (CDMP) to further include Biscayne Bay watershed management planning elements Mid-Term (M) 1I Conduct a climate change vulnerability assessment for Biscayne Bay Short-Term (S) 1J Initiate and fund studies that illuminate specific knowledge gaps for application toward watershed restoration Immediate (I) 1K Pass a county-wide fertilizer ordinance Short-Term (S) 1L Increase compliance of all marinas and commercial operations along waterways Immediate (I) 1M Continue to monitor the progress of the October 7th, 2015 Consent Agreement between FP&L and Miami-Dade County Immediate (I) GOVERNANCE 2A Establish by ordinance a Biscayne Bay Watershed Management Board (WMB) Immediate (I) 2B The Mayor should appoint a Chief Bay Officer (CBO) and request funding for the position Immediate (I) 2C The WMB will, with technical and community recommendations, review, recommend funding for and implement the Watershed Restoration Plan (WRP) Short-Term (S) 2D Develop a formal partnership in the form of a Memorandum of Understanding (MOU) with the SFWMD Immediate (I) 2E Enable the alignment and coordination of County departments that takes a holistic, comprehensive approach to Biscayne Bay recovery and resilience Immediate (I) 2F Develop a formal partnership in the form of a Memorandum of Understanding (MOU) with the Miami River Commission Immediate (I) INFRASTRUCTURE 3A Increase compliance with existing laws to result in the immediate connection of ~12,000 properties to the sewer system Short-Term (S) 3B Develop and enforce septic system design criteria with design parameters Short-Term (S) 3C Initiate a mandatory septic system registration and inspection program Mid-Term (M) 3D Undertake immediate efforts to identify and eliminate all root causes of Sanitary Sewer Overflows (SSO) including inflow and infiltration. Accelerate sewer infrastructure maintenance and upgrades Short-Term (S) 3E Develop and expedite a Condition Assessment and Asset Management Action Plan to document the condition of the County’s wastewater system assets and certify all historical “As Builts” and/or those not already certified with a focus on identifying horizontal and vertical locations of main wastewater transmission lines Short-Term (S) 3F Enforce the existing code and update the stormwater design criteria to improve effectiveness and include advances in stormwater treatment technologies Short-Term (S) 3G Develop a plan to prioritize the retrofitting of stormwater infrastructure within basins with the most substantial water quality and/or habitat degradation issues Short-Term (S) 3H Eliminate direct and indirect stormwater discharges to Biscayne Bay Mid-Term (M) 3I Set policy that all As-Builts/Record Drawings are done and certified by a Florida Professional Surveyor and Mapper qualified and registered to do work in Miami-Dade County Short-Term (S) 3J Set policy to require during the design phase of future construction that all existing utilities are designated and located vertically and horizontally Short-Term (S) 3K Ensure that new infrastructure projects to address coastal flooding and storm surge that are cost- shared by the County adhere to the recommendations of this Task Force and prioritize Biscayne Bay health and resilience Short-Term (S) Action Type Actions that can be accomplished administratively within the County Actions that require additional policy considerations Actions that require further collaboration at the municipal, state, or federal level Benchmark Immediate (I) Less than one year Short-Term (S) Between one and three years Mid-Term (M) Greater than three years 45 40 Biscayne Bay Recovery At-a-Glance, con’t. WATERSHED HABITAT RESTORATION AND NATURAL INFRASTRUCTURE 4A Develop ecologically acceptable living shoreline design options that are consistent with the existing Biscayne Bay Aquatic Preserve Act Immediate (I) 4B Raise awareness of the value of mangroves through a homeowner education campaign Short-Term (S) 4C Increase enforcement of existing rules for protecting existing mangroves and mangrove shorelines Short-Term (S) 4D Identify vulnerable properties along the coastline and partner with municipalities to focus on public properties and private property owners to create a voluntary Mangrove Protection and Restoration Zone Program Short-Term (S) 4E Prioritize existing and identify new green and blue infrastructure approaches and restoration projects Immediate (I) 4F Continue to work with SFWMD and to have the State of Florida allocate the funds necessary to ensure the timely commencement of construction of the Cutler Flow Way in accordance with the project timeline in the Integrated Delivery Schedule Immediate (I) 4G Continue to advocate for funding to support the Biscayne Bay Southern Everglades Ecosystem Restoration (BBSEER) project (also known as the BBCW / C-111) Mid-Term (M) 4H Establish seagrass targets and maintenance requirements Short-Term (S) 4I Accelerate green infrastructure solutions for flooding, resiliency, and water quality Short-Term (S) MARINE DEBRIS 5A Create a comprehensive marine debris prevention, reduction, and removal program within DERM and to adequately fund and staff the program Short-Term (S) 5B Establish a marine debris working group to promote collaboration on ways to reduce marine debris Short-Term (S) 5C Through the Miami-Dade County Police Department, direct the Marine Patrol Unit to prioritize its commitment to the enforcement of all applicable laws having a nexus to the environmental health of the Bay and its tributaries Short-Term (S) 5D Conduct an analysis of marine debris in Biscayne Bay Short-Term (S) 5E Adopt a target maximum input level policy for trash Short-Term (S) 5F Evaluate the various existing stormwater outfall systems throughout the county to determine their effectiveness at preventing debris from entering Biscayne Bay Mid-Term (M) 5G Identify and establish dedicated and recurring funding sources to pay for marine debris prevention and removal activities Immediate (I) EDUCATION AND OUTREACH 6A Create a multi-lingual, multi-media campaign and educational outreach program Immediate (I) 6B Leverage the funding in the Community Based Organization grant program to create a special focus on Biscayne Bay education Short-Term (S) 6C Conduct an educational campaign to inform the public on the proper and improper ways to dispose of trash and the impacts of littering and marine debris to the health and management of Biscayne Bay Immediate (I) 6D Implement policies to reduce the amount of locally generated plastic marine debris Short-Term (S) 6E Build upon and increase volunteer clean-up activities county-wide Immediate (I) 6F Develop environmental sustainability and “plastic free” best practices Short-Term (S) 6G Support a “Living Laboratory for Bay Health” Short-Term (S) 6H Develop and implement a contractor and lawn care industry training program Short-Term (S) 6I Expand the scope of Baynanza to add year-round activities and collaborate on Biscayne Bay Marine Health Summit activities Immediate (I) FUNDING 7A Collaborate with the Miami-Dade Legislative Delegation and the Congressional Delegation to secure annually appropriated funds to support Biscayne Bay watershed restoration Immediate (I) 7B Immediately engage in the legislative process to designate a Biscayne Bay License Plate Immediate (I) 7C Immediately enter into a cost-share partnership with SFWMD Immediate (I) 7D Collaborate with Florida Inland Navigational District (FIND) to immediately identify projects that will improve water quality and restoration of the Biscayne Bay watershed Immediate (I) 7E Leverage municipal financial resources through interlocal agreements to supplement County funds Short-Term (S) 7F Develop a mechanism to collaborate with municipalities and work with the development community Short-Term (S) 7G Direct the preparation of a report of potential funding sources by the Office of Management and Budget and the Office of Intergovernmental Affairs Immediate (I) 46 9/14/2020 Biscayne Bay’s problems (and solutions) ignored for decades | Miami Herald https://www.miamiherald.com/article245306740.html 1/22 HOMEPAGE ‘Like Groundhog day’: New report has same old findings on how to save Biscayne Bay BY ADRIANA BRASILEIRO AND ALEX HARRIS AUGUST 31, 2020 06:00 AM , UPDATED SEPTEMBER 01, 2020 12:55 PM  Thousands of dead fish washed ashore along different spots in Biscayne Bay on Monday. Alarmed residents posted images on social media and alerted wildlife authorities. The water will be tested for harmful algae blooms BY KATHRYN MIKESELL / SANDY MOISE Listen to this article now 12:02 Powered by Trinity Audio SHARESHARE  ORDER REPRINT → 9/14/2020 Biscayne Bay’s problems (and solutions) ignored for decades | Miami Herald https://www.miamiherald.com/article245306740.html 2/22 There’s a new plan to save ailing Biscayne Bay, and it looks a lot like the old plan — and the one before that. For decades, scientists and environmentalists have done more than plead with politicians to protect South Florida’s crown jewel: They’ve written studies, held summits and presented action plans. County managers and environmental agencies issued report cards for the bay, with traffic-light indicators and lists of priorities. Alarms were sounded to warn policy- makers about the slow death of the bay as contamination from crumbling sewage pipes and failing septic tanks, stormwater runoff, overfishing, a warming ocean, marine debris and the ever-growing pressure of development increased the risks for the ecosystem that many consider a liquid reflection of Miami-Dade’s soul. TOP ARTICLES Tropical Storm Sally expected to hit Gulf Coast as a hurricane. Paulette nears Bermuda 9/14/2020 Biscayne Bay’s problems (and solutions) ignored for decades | Miami Herald https://www.miamiherald.com/article245306740.html 3/22 Yet even with climate change and sea-level rise adding a sense of urgency to the search for long-term solutions, nothing truly transformative has happened. Reports were shelved, programs that were working were sunsetted and political attention went elsewhere. Now, environmentalists are hoping the grim images of thousands of fish floating belly up along seawalls and in shallow areas of north Biscayne Bay this month will revive efforts to actually do something to protect the fragile marine environment in Miami’s backyard. “What’s wrong with the bay? Everything. Whose fault is it? Everybody’s. And we already know most of the answers,” said Irela Bagué, chair of the Miami-Dade County Biscayne Bay Task Force. “Talking about solutions for Biscayne Bay is like Groundhog Day. I just hope that this fish kill will get everyone talking and that we’ll find the political will to get things done.” THE SAME OLD PROBLEMS The most recent task force assembled a nine-member interdisciplinary group in 2019 to address the bay’s woes. Its report, which has been sent to Miami-Dade County Mayor Carlos Gimenez, said a key problem is chronic pollution and that the bay had reached a tipping point. The document is expected to be presented to commissioners at their meeting on Monday, Aug 31. The report focuses on water-quality restoration and recommends the creation of a new entity called the Biscayne Bay Watershed Management Board to manage the bay, complete with a chief officer to oversee and share information. The goal is Today’s top headlines Sign up for the Afternoon Update and get the day’s biggest stories in your inbox. Enter Email Address SIGN UP This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. en la familia. para cada uno Planes Unlimited 9/14/2020 Biscayne Bay’s problems (and solutions) ignored for decades | Miami Herald https://www.miamiherald.com/article245306740.html 4/22 simple, and isn’t new: creating policies to address the multiple sources of yucky stuff that has been polluting the bay for decades. A dead fish floats on the surface of the water in Downtown Miami, Florida on Biscayne Bay on Wednesday, August 12, 2020. Hot temperatures led to an abrupt drop in oxygen levels, making it impossible for fish to survive. Daniel A. Varela DVARELA@MIAMIHERALD.COM Local news has never been more important Subscribe for unlimited digital access to the news that matters to your community. #READLOCAL ___ 9/14/2020 Biscayne Bay’s problems (and solutions) ignored for decades | Miami Herald https://www.miamiherald.com/article245306740.html 5/22 Among the recommendations are massive infrastructure projects, like connecting thousands of homes to the sewer system and eliminating stormwater discharges into the bay, and easier goals, like a homeowner educational program to raise awareness about the importance of mangroves. The report concludes with a handy list of actions that can be taken immediately or in less than one year, between one and three years, and in more than three years. But the new plan doesn’t propose anything that hasn’t been suggested before, and activists say there are plenty of additional steps the county and cities could have taken to improve water quality. Complying with existing agreements to upgrade the sewage infrastructure is one example, said Rachel Silverstein, executive director of Miami Waterkeeper. The urban end of Biscayne Bay that managed to survive decades of causeways and Jet Skis and dredging, where acres of seagrass grew in water that remained gin clear despite all the pumping and dumping from its coastal neighbors, is sick. BY EMILY MICHOT “And how about approving a county ordinance prohibiting the use of fertilizers? And also just stop deferring maintenance on infrastructure projects that we all know need to get done,” she said. She also believes upgrades to Miami-Dade’s sewer infrastructure could have been done faster, and connecting thousands of homes from septic to sewer should have been figured out by now and in the works.  9/14/2020 Biscayne Bay’s problems (and solutions) ignored for decades | Miami Herald https://www.miamiherald.com/article245306740.html 6/22 Scientists said what killed the fish was low dissolved oxygen due to higher salinity levels and water temperature that was at least six degrees higher than the average at this time of year — especially in shallow areas. But the root cause of the widespread fish kills are still under investigation. Fish and wildlife researchers didn’t find evidence of toxic algae blooms — although that did happen after the kills, likely sparked by all the decaying marine life. Heavier-than-average rain in July meant more stormwater runoff through the canals that feed the northern part of the bay — and more fertilizer, dog poop and other organic material running into the near-shore waters. “The stage was already set for that to happen, with a high nutrient load going into the bay, ” said Florida International University geochemist Henry Briceño. “We have a big nutrient pollution problem.” The bay has also been struggling with a worsening seagrass die off since 2013, further cutting oxygen levels in areas and leading to spiraling problems. BAY DETERIORATES UNDER DEVELOPMENT AND POLLUTION Researchers also point to repeated failures by policy-makers and county managers to do more to address the key causes of Biscayne Bay’s issues — nutrient pollution. U n l i m i t Alex and Ani -25% 9/14/2020 Biscayne Bay’s problems (and solutions) ignored for decades | Miami Herald https://www.miamiherald.com/article245306740.html 7/22 There has been plenty of data collected on its damage over the decades. Historically, stormwater runoff, sewage spills and septic-tank malfunction have been key parts of the equation, and researchers have been warning against septic tanks (especially in coastal areas) since the 1970s. Back then, Miami-Dade was among the nation’s fastest-growing counties, installing tens of thousands of septic systems, which can leach into ground and bay waters. It was common for outfalls to empty directly into the bay. As far back as 1975, a report from the U.S. Department of the Interior advocated for a reduction in septic tanks in the county, especially in northern coastal areas. Groundwater quality and the bay suffered in areas of more density, the report said. County environmental staff responded with the Biscayne Bay Management Plan, an in-depth study with extensive recommendations, including the creation of an oversight body. The Biscayne Bay Management Committee was formed in 1981, with representatives from all the governmental agencies that had a stake in regulating the bay. 9/14/2020 Biscayne Bay’s problems (and solutions) ignored for decades | Miami Herald https://www.miamiherald.com/article245306740.html 8/22 They met regularly and were able to implement most recommendations of the Plan: extensive replanting of mangroves and sea grasses, improving fish stocks, extensive building of buffering rip-rap (rocks that are placed to protect from flooding) along the shoreline and the creation of the Shoreline Development Trash and dead fish float on the surface of the water in Downtown Miami, Florida on Biscayne Bay on Wednesday, August 12, 2020. Daniel A. Varela DVARELA@MIAMIHERALD.COM Alex and Ani -25% 9/14/2020 Biscayne Bay’s problems (and solutions) ignored for decades | Miami Herald https://www.miamiherald.com/article245306740.html 9/22 Review Board to influence development decisions impacting the bay. Biscayne Bay experienced a renaissance later that decade thanks to many of those well- coordinated initiatives, said Susan Markley, who led Miami-Dade’s natural- resources division and retired in 2014. But the committee was phased out in 1992 — underlining that while there have been temporary rebounds, politics and shifting priorities often get in the way of the sustained health of the bay. In 1999, the Florida Legislature created the Biscayne Bay Partnership Initiative, with a mission to develop “an open and inclusive, community-based forum to survey public and private sector activities and programs affecting Biscayne Bay, and to provide recommendations for actions to protect, improve, and enhance the bay’s resources, its social, economic, and natural values, with its ecological health as a priority.” But the bay’s health deteriorated anyway, especially after 2005 when two hurricanes hit the area, triggering harmful algae blooms that smothered seagrass meadows and weakened the bay’s coral reefs. THREE SOURCES OF TROUBLE In recent years, advocates have sought to sharpen the focus on the main suspects that have worsened water quality across the bay: aging sewer lines, leaky septic systems and polluted water flowing from canals filled with high levels of nutrients. Activists like Waterkeeper say the county needs to do a better job to comply with a federally mandated order to repair its decaying sewer system to reduce the 9/14/2020 Biscayne Bay’s problems (and solutions) ignored for decades | Miami Herald https://www.miamiherald.com/article245306740.html 10/22 nutrient load going into the bay. 9/14/2020 Biscayne Bay’s problems (and solutions) ignored for decades | Miami Herald https://www.miamiherald.com/article245306740.html 11/22 9/14/2020 Biscayne Bay’s problems (and solutions) ignored for decades | Miami Herald https://www.miamiherald.com/article245306740.html 12/22 The county is under a $1.6 billion federal court order issued in 2014 to replace pipes and treatment plants that often fail, spilling millions of gallons into streets and waterways. The sewage almost always end up in Biscayne Bay. As of the most recent status report published in March, the county met only eight out of 18 interim deadlines for projects and only two out of five final construction deadlines during the reporting period from July to Dec. 2019. And then there is the septic issue. Conversion of leaky septic tanks to sewer is another ambitious project that has been proposed several times as a key solution for the bay’s woes since the 1970s. The county itself said two years ago that it’s a major problem, exacerbated by rising seas. Nearly 58,000 septic tanks in the county are already vulnerable to compromise in storms or floods. By 2030, that could rise to more than 67,000. There is even a law saying that Miami-Dade has to convert any septic tank that’s close enough to a county sewage line, but the high price tag and political unpopularity of forcing private residents to pay for the upgrade have led to thousands of exemptions. Once again, it’s included in the most recent Biscayne Bay Task force report: “Increase compliance with existing laws on septic systems so that they are fully Biscayne Bay has lost more than 80 percent of its seagrass meadows over the past decade. Environmental agencies have blamed chronic pollution brought on by dirty canals, increasing floodwater and leaky septic tanks in older neighborhoods. Caitlin Granfield MIAMI Advil 200 Mg Ibuprofen, Pain Reliever and… $20.55 203 Shop now 9/14/2020 Biscayne Bay’s problems (and solutions) ignored for decades | Miami Herald https://www.miamiherald.com/article245306740.html 13/22 enforced, resulting in the connection of 12,000 properties to the sewer system and reducing the number of new septic systems in coastal/waterfront areas.” READ NEXT So why hasn’t all this been done? “We are deferring maintenance on our environment, we are not using best practices, the can has been kicked down the road for so long, on pump stations, on sewer lines. I’m sure everyone here has drafted a report at some point but nobody acted on it,” said state Sen. Jason Pizzo, who organized a Zoom meeting with a who’s who of Biscayne Bay science, policy, regulation and advocacy a few days after the fish kill this month. It included Noah Valenstein, the head of Florida’s Department of Environmental Protection; Lee Hefty, Miami-Dade’s director of the Department of Environmental Resources, an agency best known as DERM; Todd Crowl, director of Florida International University’s Institute of the Environment; and others. They all agreed on the urgent need for a system to put all the pieces of the puzzle together to create a long-term plan for a more resilient bay. Hefty agreed that there ENVIRONMENT A $3 billion problem: Miami-Dade’s septic tanks are already failing due to sea rise JANUARY 10, 2019 7:00 AM Advil Liqui-Gels Pain Reliever and Fever … $11.27 $11.86 Subscribe & Save Save 5% 1,191 Shop now 9/14/2020 Biscayne Bay’s problems (and solutions) ignored for decades | Miami Herald https://www.miamiherald.com/article245306740.html 14/22 is a nutrient problem but said things are more complicated than that: for many years, there were nutrients going into the bay and that wasn’t a huge problem. Now, there are many other factors contributing to the bay’s lack of resiliency. “What we really need is behavior change in all of us, in the way we fertilize our lawn, when we wash our cars, when you see the lawn guys blowing clippings into the street, where do you think it goes? It goes in the storm drain and ends up adding nutrients into the bay,” Hefty said. SOLUTIONS IGNORED, SCIENCE OVERLOOKED But it’s not always easy to get county commissioners to listen. Just a few years ago, when the alarm was raised about dying seagrass, no meaningful action was taken. After the 2017 seagrass die off, concerned bay watchers brought the County Commission a plan to create a Biscayne Bay Restoration Initiative modeled off a successful 2008 effort for the Lake Worth Lagoon. The initiative would have put all the groups that have a stake in the bay at one table and focused on improving environmental quality by finding funding for restoration projects and monitoring programs. In Lake Worth, the initiative used grants to upgrade the neighborhoods with the leakiest septic tanks onto sewer, as well as create 70 acres of new habitat, including mangroves, oyster beds and artificial coral reefs. From 2008 to 2012 alone, the Lake Worth Lagoon Initiative brought in $26.3 million for restoration projects. Advil 200 Mg Ibuprofen, Pain Reliever and… $20.55 203 Shop now 9/14/2020 Biscayne Bay’s problems (and solutions) ignored for decades | Miami Herald https://www.miamiherald.com/article245306740.html 15/22 When the Miami-Dade group — including representatives from Miami Waterkeeper, the South Florida Water Management District and the Florida Inland Navigation District — took the idea to commissioners in 2017, nothing happened. A few commissioners appeared interested in the drafted resolution, which called for the commission to fund one full-time staffer to assist the initiative, but some refused to even meet with the bay watchers. “We presented that to the county and the county did not believe that it was a solution and so they decided not to move forward with it,” said Spencer Crowley, an attorney for Akerman and a Miami-Dade commissioner for FIND. “Unfortunately, that’s what happened, and now we’re seeing the results of that inaction.” 9/14/2020 Biscayne Bay’s problems (and solutions) ignored for decades | Miami Herald https://www.miamiherald.com/article245306740.html 16/22 “In 2017, we were worried about seagrass die offs, but now we have fish kills,” he said. “Those fish kills could have been avoided if we had a structure and a process that was functioning and we had members of all these different organizations communicating about issues with the bay.” Instead, the county created another task force that year, like the Partnership Initiative funded by the legislature in 1999. That initiative last updated its “action items” list in 2010. Those action items were mostly about coordinating agencies or finding opportunities to present about the bay to politicians or scientific meetings. Even the chair of the current task force admits that there is a lot of data and science that has been overlooked and perhaps wasted because of a lack of coordination. Bagué, the chair of the Miami-Dade County Biscayne Bay Task Force, is hoping the new report will help connect all interests together, and that the fish- kill momentum will last long enough to spur real action. Dozens of boaters anchored off Key Biscayne on Sunday, May 25, 2014, atop an area in the bay known as the Mashta Flats. The area is an ecologically fragile flats, with sea grass beds. Melissa M. White MIAMI HERALD FILE 9/14/2020 Biscayne Bay’s problems (and solutions) ignored for decades | Miami Herald https://www.miamiherald.com/article245306740.html 17/22 “Everybody is doing great work, producing research, filing bills, passing ordinances, but it’s not done in a collective manner. Nobody is coordinating with anybody, even internally at the county,” Bagué said. “Whatever we create now, it must be permanent. The bay has enormous value, without the bay there is no local economy.” 1 of 21 of 2 9/14/2020 Biscayne Bay’s problems (and solutions) ignored for decades | Miami Herald https://www.miamiherald.com/article245306740.html 18/22 ADRIANA BRASILEIRO (305) 376-2576 Adriana Brasileiro covers environmental news at the Miami Herald. Previously she covered climate change, business, political and general news as a correspondent for the world’s top news organizations: Thomson Reuters, Dow Jones - The Wall Street Journal and Bloomberg, based in São Paulo, Rio de Janeiro, Paris and Santiago. FROM OUR ADVERTISING PARTNERS This Company Has Found a Radically New Way to Protect Your Gutters! Read More! LEAFFILTER PARTNER The States Where Americans Don't Want To Live Anymore MONEYWISE.COM New York Doctor "I Beg Americans To Throw Out This Vegetable Now" WELLNESSGUIDE2020 The Horrifying Truth About CBD TOMMY CHONG Business towers and luxury condos in Brickell have stunning views of Biscayne Bay. Development in the downtown area has contributed to the bay’s pollution troubles. PEDRO PORTAL PPORTAL@MIAMIHERALD.COM 9/14/2020 Biscayne Bay’s problems (and solutions) ignored for decades | Miami Herald https://www.miamiherald.com/article245306740.html 19/22  COMMENTS  All Senior Drivers Should Claim This Large Reward (Check If You Qualify) COMPARISONS.ORG Diabetics: Here's How To Lower Blood Sugar (It's Genius!) WEEKLYPENNY.COM ENVIRONMENT Miami Wilds lease is approved for zoo parking lot where rare Florida bats live BY ADRIANA BRASILEIRO SEPTEMBER 11, 2020 08:44 PM , UPDATED SEPTEMBER 11, 2020 09:07 PM  County officials approved a lease TRENDING STORIES U.S. offering breaks on immigration deadlines due to pandemic — but higher fees await UPDATED SEPTEMBER 12, 2020 06:24 PM Florida reports 2,423 new COVID- 19 cases and the fewest deaths since June UPDATED SEPTEMBER 13, 2020 02:37 PM Tropical Storm Sally expected to hit Gulf Coast as a hurricane. Paulette nears Bermuda UPDATED 2 HOURS 17 MINUTES AGO COVID-19 cases and deaths decline across Florida, with 3,190 new cases and 98 deaths UPDATED SEPTEMBER 13, 2020 12:04 PM READ NEXT 9/14/2020 Biscayne Bay’s problems (and solutions) ignored for decades | Miami Herald https://www.miamiherald.com/article245306740.html 20/22 County officials approved a lease agreement for a water park slated to be built on Zoo Miami’s parking lot next to the last remnant of pine rockland, home to one of the world’s most endangered bats. KEEP READING ➔ Ryan Fitzpatrick has a terrible day for the Miami Dolphins. So is it Tua Tagovailoa time? UPDATED SEPTEMBER 13, 2020 07:22 PM Local news has never been more important #ReadLocal Subscribe for unlimited digital access to the news that matters to your community. #READLOCAL FLORIDA Alligator attacked woman as she was trimming trees near a Florida lake UPDATED SEPTEMBER 11, 2020 01:42 PM ENVIRONMENT ‘More heat, less Florida’: Advocates draw attention to climate change’s main impact UPDATED SEPTEMBER 10, 2020 08:43 AM 9/14/2020 Biscayne Bay’s problems (and solutions) ignored for decades | Miami Herald https://www.miamiherald.com/article245306740.html 21/22 ENVIRONMENT Miami Wilds water park plan downsized but activists push for restoring rare forest instead SEPTEMBER 10, 2020 6:00 AM POLITICS In Miami’s tightest U.S. House race, Gimenez, Mucarsel-Powell differ sharply on policy UPDATED SEPTEMBER 09, 2020 08:46 AM POLITICS Trump signs order extending and expanding oil drilling moratorium off Florida’s shores UPDATED SEPTEMBER 08, 2020 05:59 PM SPONSORED CONTENT 7 Mistakes You're Making With Your Money During the Pandemic  BY THE PENNY HOARDER Take Us With You Real-time updates and all local stories you want right in the palm of your hand. MIAMI HERALD APP ➔ 9/14/2020 Biscayne Bay’s problems (and solutions) ignored for decades | Miami Herald https://www.miamiherald.com/article245306740.html 22/22 COPYRIGHT COMMENTING POLICY PRIVACY POLICY TERMS OF SERVICE VIEW NEWSLETTERS ➔ SUBSCRIPTIONS Start a Subscription Customer Service eEdition Vacation Hold Pay Your Bill LEARN MORE About Us Contact Us Newsletters News in Education Public Insight Network Reader Panel Archives ADVERTISING Place a Classified Media Kit Public Notices MIAMI BEACH OFFICE OF THE CITY MANAGER NO. LTC# 446-2019 LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of the City Co mission FROM: Jimmy L. Morales, City Manager 1 41.4 DATE: August 9, 2019 SUBJECT: GRAND JURY REPORT RE a ARDING HEALTH OF BISCAYNE BAY The purpose of this Letter to Commission is to share with the Mayor and Commission the Report on the Health of Biscayne Bay issued by the Fall Term Miami-Dade County Grand Jury convened by State Attorney Katherine Fernandez Rundle. The 33-page report was issued yesterday and has been in the works since last November. A copy of the report is attached hereto and a link to the WLRN coverage of the report is set forth below: https://www.wlrn.org/post/ grand-iurv-report-warns-health-biscavne-bav-tipping-point Let me first reiterate what my administration and our outstanding team of experts on my Resilience team, the Public Works department, and the Environment and Sustainability department have been saying for several years. The challenges that face Biscayne Bay require a regional approach to tackle the many factors that contribute to the water quality issues and the degradation of that precious ecosystem. We continue our efforts to work with our County and municipal partners in that regard. But, considering the amount of social media and other attention that has been drawn to our stormwater pumps and the public comments of those (whether for political reasons or otherwise) who seem to blame our relatively recent stormwater initiatives for all that ails Biscayne Bay, it is impossible to ignore that not once in the 33-page report does the Grand Jury ever mention our stormwater pumps or otherwise even hint that our City's efforts are uniquely and adversely impacting the bay. There is a general discussion of stormwater runoff that focuses on the nutrients that flow into Biscayne Bay. The report points out,for example, that approximately 100,000 pounds of dog feces is deposited into the County daily and much of that gets into the stormwater system, and into the Bay. It also discusses runoff from suburban lawns as a major source of fertilizer pollution. Again, these are not issues unique to Miami Beach and certainly all of the jurisdictions in the County need to address the quality of stormwater that enters the canals and bays. But at no point in the report is there any mention of the conversion of our stormwater system from gravity to pumped as a special or unique threat to Biscayne Bay. It is important to highlight the issues that the Grand Jury indicates are serious challenges and the ways that our City is trying to address them: 1. Septic Tanks: Approximately 105,000 properties in Miami-Dade County are on septic tanks. The Grand Jury views these as a serious threat to both Biscayne Bay and our fresh water supply. Every property in the City is connected to central sewer; there are no septic tanks in Miami Beach. 2. Sewage Contamination: The Grand Jury discovered that leaking and broken sanitary sewer pipes in the Miami Dade Water and Sewer system have contributed to the spilling of millions of gallons of sewage directly in Biscayne Bay. The report goes into great detail on this point, going back almost a decade. As you know, the City's neighborhood projects not only address stormwater, but also replace old and faulty sanitary sewer and water pipes. We are doing that at our cost and any delays in our projects also delay upgrading this critical infrastructure. Please also note that in the last couple of years, the City installed a redundant sanitary sewer main, at the City's cost, to help address problems that might arise from the existing old sewer main. Just recently, that redundant pipe proved very useful when a private contractor ruptured the sewer main on 5th street. We were able to re-route the sewage to the redundant line while we repaired the old line and thereby reduced the amount of any spillage. 3. Hard debris: The report highlights how plastics, glass, aluminum cans and other trash find their way into the stormwater system and, therefore, into the Bay. The City is aware of this and our program includes several elements to address this: a. The stormwater pumps use trash racks to capture all solid objects. (See picture attached hereto). b. The City cleans its canals 3x a week, up from twice a week prior to our program. c. The City cleans out the entire stormwater system (all pipes) once a year, compared to once every 3-5 years prior to our program. d. The City has been a leader in trying to reduce "single use" plastics in our community. e. We have a robust street cleaning program (and are trying to improve that with the alternate side street cleaning program). I believe that there are few, if any, cities in South Florida that can match our efforts to prevent debris from entering our stormwater system and therefore be discharged into the Bay. 4. Sediment: The Grand Jury notes that sediments flowing into the Bay can also be harmful. The City is aware of this and our stormwater pumps include vortex structures that capture a significant amount of the sediment. 5. Excessive Nutrients: The report discusses that excess nutrients (e.g. nitrogen and phosphorus) allow algae blooms to thrive, which can harm fish and underwater plants by reducing or eliminating oxygen in the water. The Grand Jury highlights three principal sources of these nutrients: i. Nutrients used in agricultural activities that make their way into the canal system and then into the Bay. ii. Leaks from the County wastewater system. iii. Stormwater runoff. As I noted earlier in the LTC, we have never denied that stormwater is a factor that contributes to issues in the Bay and we are sensitive to the nutrient content of the water we discharge. Towards that end: a. We have established 35 monitoring stations to test our water quality; b. We have 95 doggie bag dispensers across the city, plus another 119 dispensers in our City parks, to encourage dog owners to pick up the dog feces and prevent it from entering the stormwater system; c. Our Integrated Water Management Strategy, which is expected to be finalized by the end of the year, will leverage green infrastructure to reduce nutrient loads into the bay; d. Our enhanced street cleaning program also helps in this effort.; and e. We are working on a water quality education campaign focusing on pollution prevention to be released this fall. I commend the Grand Jury, and State Attorney Katherine Fernandez Rundle, for showing great leadership on this issue. In an objective, apolitical analysis, they have highlighted the biggest threats to Biscayne Bay, and identified possible remedies and strategies. Many of these will require political courage, particularly when it comes to spending the dollars necessary to fix the County's wastewater system, eliminate septic tanks and other measures that will be necessary in the long term. This City Commission has shown such leadership in moving forward a stormwater program that tries to strike a balance between meeting the challenges of climate change and sea level rise, while still protecting our precious assets like Biscayne Bay and the aquatic ecosystem. We can always do better in this regard, and we will continue to strive to do so. But I thought it was important to note that we are but one of many actors and stakeholders that need to come to the table and do the right thing. Talking about Miami Beach spending billions of dollars for deep well injection of stormwater (which nobody does) while raw sewage and heavy agricultural nutrients are pouring into the Bay from sources on the mainland makes no sense. We look forward to working with our neighbors to come up with regional solutions to what is a regional problem. gy= .s. w t A 1, J a . A x.13 ,ti43 1. ,'.t i,1 . -A A. mor 1.,... {. p r + R" ti Com'• f+ 40iie, N.,,s a i i ** 7‘r) -Y,I I, I 1111e1 . 41794ik'' . i., 00`04'.:‘,;,.41.1 111h 1 i0r47., Ili\#ri0 *- ' Ai P314 tilt, k s v qiipU1t1tk- ‘‘ ' ' ''*'‘‘ 4 I 4%i , k,,,,:, ,,T,# c N,,. 44( " I/ II 11 .‘;‘,\ " ., ' ,, 3. ' i 1 '440' 44' 'al%'•41P4_' .:. ' e IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR THE COUNTY OF MIAMI-DADE FINAL REPORT OF THE MIAMI-DADE COUNTY GRAND JURY FALL TERM A.D. 2018 State Attorney KATHERINE FERNANDEZ RUNDLE Chief Assistant State Attorney DON L.HORN Chief Assistant State Attorney for Special Prosecutions HOWARD ROSEN Assistant State Attorneys DAVID MAER JOHN PERIKLES ROBERT BEHAR ERIK KESSLER VICE FOREPERSON ACTING CLERK FILED August 8, 2019 INDEX Page THE HEALTH OF BISCAYNE BAY: WATER FLOWS AND WATER WOES 1-27 I. INTRODUCTION 1 II. SEWAGE CONTAMINATION 2 A. Direct Discharge of Sewage(Wastewater) Into The Ocean 4 B. Leaking Sewer Pipes 4 III. HARD DEBRIS: TRASH FLOWING INTO OUR WATERWAYS 8 A. Clean Up Efforts 8 B. Plastics 10 C. Sediment 14 IV. EXCESSIVE NUTRIENTS 15 A. Stormwater Runoff 16 B. Agricultural Activities 16 C. Wastewater Sewer Systems 17 V. CONTAMINATION OF THE BISCAYNE AQUIFER — THE SOURCE OF OUR DRINKING WATER 17 A. Septic Tanks 17 B. Hypersalinity of Water in Cooling Canals at Florida Power and Light's Turkey Point Power Plant 24 C. The Saltwater Plume 25 VI. CONCLUSION 27 INDICTMENTS 28-29 ACKNOWLEDGMENTS 30 THE HEALTH OF BISCAYNE BAY: WATER FLOWS AND WATER WOES I. INTRODUCTION Water is essential for human life. Up to 60 percent of the human body of an adult is comprised of water. The brain and heart are 73 percent water. Lungs are 83 percent water. The skin is 64 percent water. Muscles and kidneys are 79 percent water,while bones are 31 percent.' Water also serves a number of essential functions within the human organism. It is a vital building material in every cell in our bodies. Through the processes of respiration and sweating, water regulates our internal body temperature. Water forms saliva,which assists in the digestive process. The carbohydrates and proteins that our bodies use as food are metabolized and transported by water in the bloodstream. Water assists in flushing waste from our bodies through urination. Water acts as a shock absorber for our brain and our spinal cord, and it also lubricates our joints.2 To survive, humans must consume a certain amount of water each day, depending upon age, gender,and where one lives. Generally,an adult male needs about 3.2 quarts of water a day, while an adult female needs about 2.3 quarts of water a day. Some of this water comes from food, but much of it is taken in through drinking fluids, including water.3 While humans may go up to three weeks without food, they can only survive for three or four days without water. Not only is water essential for individuals to survive, but in South Florida,water is just as essential for our way of life. The main economic engine which drives the economy in South Florida is tourism. In 2018,Greater Miami had a record number of 16.5 million overnight visitors.4 These visitors spent almost $18 billion dollars in Greater Miami.5 Eighty-four percent of the international tourists and seventy-two percent of the domestic tourists came for vacation or pleasure.' The importance of the quality of our water to our economy is reflected in the fact that The Chemical Composition of The Adult Human Body And Its Bearing On The Biochemistry Of Growth,by Ii. H. Mitchell,T.S. Hamilton,F. R.Steggerda,and H.W. Bean,Journal of Biological Chemistry, 1945, 158:625-637. z United States Geological Survey(U.S.G.S.),Water Science School,The Water in You:Water and the Human Body; available at https://www.usgs.gov/special-topic/water-science-school/science/water-you-water-and-human-body?gt- science center_objects=0#qt-science center objects Ibid. Greater Miami and the Beaches,2018 Visitor Industry Overview,presented by the Greater Miami Convention& Visitors Bureau,at page 7. 5 Ibid,at page 39. lbid,at page 14. 1 our beaches were the most popular destinations for tourists to visit. In fact, fifty-three percent of our international tourists and forty-four percent of our domestic tourists visited a beach during their stay in Greater Miami.' Both the international visitors and the domestic visitors reported that our beaches were the "most liked"feature of their visit.$ Florida is the southeasternmost state in our nation, and South Florida is located at the southeasternmost corner of our peninsula. We are located in a subtropical climate, between the Atlantic Ocean and the Florida Everglades. Our community sprang forth from a settlement along the Miami River,and expanded west toward the Everglades,and east,across Biscayne Bay, to the barrier islands. Biscayne Bay sits as the crown jewel of our environment. Biscayne Bay is an estuary where freshwater from the mainland mixes with saltwater from the Atlantic Ocean. It is a source of numerous recreational and commercial activities, including boating, fishing, cruising, diving, and sightseeing. Clearly, the health and cleanliness of Biscayne Bay is vital to our community and to our economy. However,Biscayne Bay is now in a precarious balance. The State of Florida has designated some portions of Biscayne Bay's waterways as "impaired". There are three (3) major problems that are contributing to the State's "impaired" designation and negatively impacting the water quality of Biscayne Bay: 1. Sewage contamination,which results in excessive amounts of harmful bacteria; 2. The presence of excess nutrients, which results in destructive algal blooms;and 3. Pollution and littering, which result in massive amounts of trash being discharged into the bay via our storm drainage system. As a result of these three factors Biscayne Bay is at a tipping point. Without corrective action, the declining quality of this body of water may become irreversible. II. SEWAGE CONTAMINATION The Miami-Dade Water and Sewer Department (hereinafter MDWSD) has two main responsibilities. First,the Department is responsible for supplying freshwater to its customers, the residents and businesses in Miami-Dade County. To accomplish this goal MDWSD operates and Mid,at page 23. 8 Mid,at page 3 I. 2 maintains 3 large regional water treatment plants, 5 small water treatment plants, and the Hialeah Reverse Osmosis Water Treatment Plant(hereinafter WTP). Using 8,500 miles of pipe MDWSD supplies an average of 320 million gallons of water a day to its 450,000 retail and 15 wholesale customers. MDWSD's second responsibility is to treat and dispose of all wastewater in Miami-Dade County. Wastewater is generated by both residential ( single-family residences and apartment buildings) and commercial (office buildings, businesses, shopping centers, and restaurants) sources. Wastewater from these settings primarily originates from water use associated with bathrooms (toilets, sinks, and showers), laundries (washing machines and sinks), kitchens ( sinks and garbage disposals), and general cleaning (utility sinks). Industrial, manufacturing, and institutional facilities also generate wastewater that has to be disposed of. To treat and dispose of all of the wastewater in Miami-Dade County, MDWSD operates three (3) wastewater treatment plants, which collect, treat, and dispose of 300 million gallons of wastewater a day. This equates to approximately 120 gallons per day for every resident of Miami- Dade County. The wastewater system is comprised of a labyrinth of 6,500 miles of main pipes and laterals, as well as over a thousand sewer pump stations which keep the flow of wastewater moving. The three large wastewater treatment facilities are: 1)the North District WTP,located at Florida International University North; 2) the Central District WTP, located at Key Biscayne/Virginia Key;and 3)the South District WTP,located at Black Point Marina. The Central District WTP processes the highest volume of wastewater. There are three main steps to treating wastewater. The primary process consists of removing grit such as sticks,rocks,toilet wipes,paper towels, feces, and other hard debris. In the secondary process, microbes are utilized. These microbes, when exposed to oxygen, serve to kill organic material. The final process involves the addition of chlorine. Once treated, wastewater from the three treatment plants—which is referred to as effluent is disposed of in one of two different ways; deep injection wells or ocean outfall. The deep injection well process involves injecting the effluent deep underground. All of the effluent from the South District WTP and some of the effluent from the North District WTP is disposed of via deep injection. 3 A. Direct Discharge of Sewage(Wastewater) Into the Ocean The second way for the disposing of wastewater is ocean outfall. Ocean outfall involves the discharge of effluent three(3)miles offshore into the Gulfstream Current in the Atlantic Ocean in 100 foot deep water through 96-inch pipes which lie on the bottom of Biscayne Bay. All of the effluent from the Central District WTP—which has the highest volume—and some of the effluent from the North District WTP is disposed of in this manner. The average daily amount of effluent disposed of via the ocean outfall pipe from the Central District WTP on Key BiscayneNirginia Key is 143 million gallons of sewage a day. While we were told that ninety-six(96) percent of this effluent goes into the ocean and is swept away from our coast, we were also told that there is a four(4)percent chance that some of it will return to our coast. The idea that our wastewater, whether treated or not, is being pumped into our most valuable resource, our ocean and Bay, is extremely troubling. We were happy to hear that legislation enacted in 2008 mandates that by the year 2025 the Miami-Dade Water and Sewer Department will no longer be able to dispose of wastewater via the ocean outfall process. In 2025 there will be a permanent ban on dumping treated sewage directly into our waterways. We implore all parties to make sure that other disposal processes will be created and will be in place to ensure strict compliance with the impending timeline. B. Leaking Sewer Pipes In addition to the sewage and wastewater that is intentionally being discharged into the Atlantic Ocean, this Grand Jury discovered that leaking, broken and busted sewer pipes have contributed to the spilling of millions of gallons of sewage directly into Biscayne Bay. Significant portions of the 6,500 miles of main pipes and laterals in the MDWSD wastewater system are old, and in need of replacement. MDWSD is supposed to assess and make repairs to the entire system of pipes on a ten (10) year cycle. However, we heard testimony that approximately half of the water being treated at the wastewater treatment facilities is mostly groundwater that has seeped into,and actually intruded into the wastewater system through leaks and cracks in the sewer pipes. A plethora of media accounts over the past several years reveal the poor condition of the pipes and demonstrates how frequently significant breaks in our sewage system cause thousands https://www.miamiherald.com/news/local/environment/article I64655777.html 4 of gallons of raw sewage to pour into our Bay. On a summer evening in 2010, a break in a 72- inch(6 foot) sewer line at N.W. 18th Avenue and 157th Street caused a spill that lasted for about twelve (12) hours before it was stopped. During those twelve (12) hours, roughly 20 million gallons of sewage spilled into the Biscayne Canal. The Biscayne Canal empties into Biscayne Bay in the Miami Shores area. The day after the break in the 6-foot sewer line, health officials issued an advisory regarding sewage contamination in Biscayne Bay. The advisory affected the area from Oleta River State Park, near the rupture point, south to the Julia Tuttle Causeway, including 13a1 Harbour Beach and Haulover Park. People were advised to avoid all swimming and recreational activities in the area.10 An article in the Palm Beach Post from 2012 started by stating that"Miami-Dade County's antiquated sewer system has ruptured at least 65 times over the past two years,spewing more than 47 million gallons of untreated human waste into waterways and streets from rural South Miami- Dade to the ritzy condos of Brickell Avenue to the Broward County Border."" The article stated that many of the leaks were relatively minor, posing minimal public health concerns, but that at least eight(8) leaks topped 100,000 gallons. Six other leaks released more than a million gallons of raw sewage "from rusted valves or cracked concrete-and-steel pipes that county engineers acknowledge had long out-lived their intended life span."I2 Between October and December of 2011, four (4) separate sewage system failures sent a total of more than 19 million gallons spilling from the Central District Wastewater Treatment Plant.13 One of those spills,on October 9,2011, spilled 17 million gallons of raw sewage.14 Three weeks later,on October 31,2011,as operators shifted from a generator to the power grid there was a power outage. That power outage caused another million gallons of partially treated sewage to spill out of a relief valve directly into Biscayne Bay. Again, Miami-Dade County was forced to issue a"no-swimming"advisory for the affected areas. Miami-Dade County has two(2)96-inch ocean outfall pipes that transport sewage directly out and into the Atlantic Ocean. The two (2) ocean outfall pipes in Miami-Dade County were 10 https://www.sun-sentinel.com/news/fl-xpm-2010-06-20-fl-biscayne-bay-sewage-062110-20100620-story.html https://www.pahnbeachpost.com/article/20120515/NEWS/812032210 12!bid. Ibid. a Ibid. 5 constructed in 1956 and 1975.'' One of the 96-inch ocean outfall pipes, the one from the Central District WTP located at Key Biscayne/Virginia Key, was leaking sewage in shallow water within one mile of Fisher Island.16 Although the pipe was repaired in the summer of 2017,it was reported that the pipe had been leaking for at least a year. A lobster fisherman purportedly reported the broken ocean outfall pipe to MDWSD officials in August of 2016.17 We discovered during our investigation that what might start out as a relatively small or insignificant problem in the sewage system could still have a major impact upon Biscayne Bay. For instance, in August of 2018, a faulty grease trap at a local restaurant caused a sewage leak. The restaurant located near the 1800 block of the John F. Kennedy Causeway(N.E. 79th Street) on Treasure Island in North Bay Village, for all intents and purposes, sits on a small island in the middle of Biscayne Bay, between the mainland and Miami Beach. Because of the restaurant's location when the grease trap malfunctioned the resultant sewage spill poured directly into Biscayne Bay. North Bay Village had to call in Miami-Dade County's Department of Environmental Resources Management to help contain the spill.18 This past October, during a routine daily inspection of the pump stations on the City of Miami Beach,city inspectors discovered cracks in a wastewater pipe under the bridge to La Gorce Island. Though the leak lasted less than sixteen(16)hours, the inspectors believe that during that time approximately 800 gallons of raw sewage leaked out of the pipe and directly into Biscayne Bay.'9 On Tuesday, December 4th, 2018, during the week of Art Basel, which brings thousands of visitors and millions of dollars into our community, a construction contractor broke a 16-inch sewage pipe, spilling just over 9,200 gallons of wastewater at the corner of N.E. 2nd Avenue and 30th Street. Much of the wastewater went into storm drains that flush directly into Biscayne Bay. While the spotlight of the annual world renown Art Basel was beginning to shine upon our 1 community once again, officials had to issue warnings against swimming, boating, or fishing in waters between the Venetian Causeway and the Julia Tuttle Causeway. Two days later the 15 https://www.miamiherald.com/news/local/environment/article I 64655777.htnt I 16 Ibid. lbid a https:f/www.local!0.com/news/tlorida/miami-dade/sewage-leaking-into-biscayne-bay-near-north-bay-village 19 haps://www.miaminewtimes.com/news/biscayne-bay-polluted-by-800-gallons-of-poop-from-miami-beach-city- says-10926772 6 warnings were lifted, after water testing showed no elevated levels of pollution from the sewage spill 20 In November of 2018 there was a power outage at the North District Wastewater Treatment Plant. As the pumps were not operating, hundreds of thousands of gallons of treated wastewater was released into the Oleta River, which runs directly into Biscayne Bay. Finally, on Super Bowl Sunday, February 3, 2019, three(3)pumps in a pump station that serves the North District WTP became clogged. As a result, over about a twelve-hour period approximately 750,000 gallons of untreated wastewater backed up in the facility and spilled into the storm drain system. That untreated wastewater subsequently flowed into the Oleta River, and ultimately into Biscayne Bay.21 The Miami-Dade Water and Sewer Department once again issued a precautionary advisory against swimming,fishing,or boating in the area bounded by N.E. 163rd Street to the north, Haulover Inlet, including Haulover Beach, to the south; the Intracoastal Waterway to the east,and mainland Miami-Dade County to the west. This also included beaches in Bal Barbour and Oleta River State Park.22 Fortunately,the Super Bowl was not in Miami-Dade County this year. Very often, these breaches in the wastewater sewage system result in the issuance of a public health advisory,such that beaches are closed and residents and visitors are told not to swim or engage in other recreational activities in Biscayne Bay or the Atlantic Ocean. Not only are these spills harmful to the physical health of our residents and visitors, but they also have a direct negative impact upon the health of our economy. We believe the negative publicity from these events scares away international and domestic visitors who are so essential to our economy. We discovered during this investigation that Miami-Dade County is under a 2014 federal court order to repair its aging wastewater sewer system as part of a $1.6 billion-dollar consent decree. While there have been significant advancements in replacement and repairs to the aging sewer pipes, we urge the Miami-Dade Water and Sewer Department to continue to modernize its infrastructure as expeditiously as possible, without sacrificing the quality of work. We urge our 20 https://www.miamiherald.com/news/local/environment/artic1e222662665.htmI 71 https://www.newsweek.com/florida-officials-dont-swim-fish-after-mechanical-failure-pump-station- 1317007 22 lbid 7 elected officials and county staff to be ever vigilant in assessing the system and the employees that maintain it. III. HARD DEBRIS: TRASH FLOWING INTO OUR WATERWAYS As the population of South Florida increased and moved west, a series of canals were constructed to drain land for development and to control flooding. After there was catastrophic flooding from Lake Okeechobee caused by severe hurricanes in 1926 and 1928,the Army Corps of Engineers built a dike around Lake Okeechobee. Additional flooding in 1947 led to the construction of an unprecedented number of canals throughout South Florida, regionally and locally. To control flooding,during periods of heavy rainfall, freshwater from the Everglades is moved east,via the canals. The water which courses through these canals also carries many other materials, including a significant amount of debris. Plastics,glass, and other trash are often found floating in the canals. Why is this a problem? Our stormwater drainage system in South Florida ultimately discharges into Biscayne Bay. Although most of our stormwater drains flow toward the canal systems, and then into the Bay, some stormwater drains flow directly into the Bay. Accordingly, all of the items we see by the side of the road,including plastic shopping bags,plastic water bottles,paper items,aluminum cans, Styrofoam, plastic straws, food containers, and other organic and inorganic trash and waste products, are often washed into our stormwater drains. From there, eventually those items will find their way into the Bay. Whenever someone decides to throw trash out of a moving car, they need to consider the fact that there is a significant likelihood that the piece of trash that they are throwing out of their window will end up in Biscayne Bay. It is estimated that eighty percent 80%) of the marine debris in Biscayne Bay comes from land-based sources, including litter washed into the Bay through the stormwater system. A. Clean Up Efforts As a direct result of the massive littering, various individuals and community groups participate in various cleanup activities to clean Biscayne Bay. Baynanza is a celebration of Biscayne Bay and a recognition of its significance as one of our most important ecological systems in South Florida. While Baynanza includes numerous events over a period of several weeks, the Biscayne Bay Cleanup Day has become a primary event. Government partners for this event include Miami-Dade County,the City of Miami and the City of Miami Beach. Biscayne National 8 Park, numerous corporate partners, as well as non-profits, environmental groups, and other community groups also participate in this worthwhile event. Many of these groups not only participate in Biscayne Bay Cleanup Day in conjunction with Baynanza, but also conduct and sponsor regular cleanups of Biscayne Bay and its shoreline. One such group is VolunteerCleanup.org. VolunteerCleanup.org conducts regular cleanups of numerous areas in and around Biscayne Bay. One such area that VolunteerCleanup.org cleans on a regular basis is Albert Pallot Park. Albert Pallot Park is a three (3) acre park that is located on the western shore of Biscayne Bay, between N.E. 38th and 39th Street,just north of the Julia Tuttle Causeway (State Road 112), in the Buena Vista neighborhood. It is just a couple of blocks to the east of the Miami Design District. Large quantities of marine debris build up along the shoreline of Albert Pallot Park on a regular basis. Cleanups along the shoreline of the park can typically net 300 to 400 pounds of plastic trash. VolunteerCleanup.org typically performs such cleanups monthly. The fact that this park gets so much trash along its shoreline appears to be due to the location of the shoreline of Albert Pallot Park. The park is located on the western edge of Biscayne Bay, and just north of the Julia Tuttle Causeway. Due to the currents and the structure of the land mass at that location, the trash which floats into the area and washes up onto the shore appears to have nowhere else to go. Margaret Pace Park is an eight (8)acre park that is located at 1745 North Bayshore Drive. It runs along Biscayne Bay from N.E. 17th Terrace to N.E. 20th Street. It is a City of Miami Park. It contains a dog park, basketball court, playground, volleyball courts, tennis courts, and paved walking paths. A lot of marine debris also builds up along the shoreline of Margaret Pace Park. Monthly cleanups of Margaret Pace Park typically also net 300 to 400 pounds of plastic trash. As one drives along the MacArthur Causeway (State Road A IA) between Miami and Miami Beach, there are beautiful vistas on both sides. To the south, magnificent cruise ships at dock at PortMiami, the largest passenger port in the world. To the north, beautiful multimillion- dollar waterfront homes dot the landscape on Palm Island,Hibiscus Island, and Star Island. Both of these views are framed by the beautiful shimmering waters of Biscayne Bay. This iconic drive has been depicted in many movies and television series. However, if one were to pull over to the side of the road and climb over the protective concrete guardrail, one would see significant 9 amounts of trash washed up on the shore. A recent cleanup along the shoreline of the MacArthur Causeway(across from Star Island)netted over a thousand(1,000)pounds of trash. We are making several recommendations to reduce the trash in Biscayne Bay. The first recommendation, which is very basic but still needs to be repeated and emphasized, is that everyone needs to be educated as to what the ultimate impact of littering has upon not only the area where the trash was thrown, but also on Biscayne Bay. It seems that sometimes it takes children to remind adults not to improperly dispose of trash, so apparently the message is getting through to children. A continuous series of public service announcements should be undertaken through radio,television,and social media reminding people of the proper ways to dispose of trash, and—just as importantly—the improper ways not to. We further recommend that signage to this effect also be posted in public places such as in parks and on public transportation. Many storm drains on the side of the road do not have effective gratings over them. Proper gratings would prevent a significant amount of trash and waste products from entering the stormwater drainage system. However, that would mean that these items would remain on the exteriors of the storm drains. So to be effective, these storm drain gratings would have to be cleaned on a regular schedule. Grates have been installed on all storm drains in the City of Aventura,to block debris from entering into the drainage system. Consequently,the quality of the water emptying into the intra-coastal waterways in that area has improved.23 We recommend that Miami-Dade County and all of the municipalities in Miami-Dade County do the same. There are additional devices that can be utilized to capture debris which does make its way into the stormwater drainage system. Items can be trapped by these screening devices to prevent them from getting into the canal system and into Biscayne Bay. Of course,this will also necessitate a regular schedule of frequent cleanings of this filtration system. We recommend the implementation of such a system, as well as more frequent cleaning of the stormwater drainage system. B. Plastics Single use" plastics make up the vast majority of the trash which is contained in the stormwater drainage system, the canals, and Biscayne Bay. The most identifiable and common 23 https://www.cityofaventura.com/191/Flood-Protection 10 single use" plastics are plastic bottles and plastic bags. Plastic is ubiquitous in our daily lives. From the moment that we awake,there is barely a function that we do that does not involve plastic. We brush our teeth with plastic toothbrushes utilizing toothpaste that is squeezed from a plastic tube. We sit on plastic toilet seats and use shampoo that comes from plastic bottles. Our orange juice is packaged in plastic, as is our coffee, our cereal, our bread, our eggs, our bacon, and our cheese. And it is barely 7:00 A.M. The rest of our day is the same, filled with plastic,much of it single use". But it was not always that way. World War II necessitated a great expansion of the plastics industry in the United States.24 The need to preserve scarce natural resources made the production of synthetic alternatives comprised of plastic a priority. Nylon, which was invented in 1935 as a synthetic silk, was used during the war for parachutes, ropes, body armor, and helmet liners.25 Plexiglas provided an alternative to glass for aircraft windows. 26 During World War 11 plastic production in the United States increased by 300%.27 Disposable plastic utensils became popular with Americans in the 1 960s. Plastic water bottles were invented in 1973. In the late 1970s and early 1980s,plastic bags were introduced, to address concerns about the number of trees which were being cut down in order to produce paper bags, which at that time, were in common use. We were informed that it takes between 500 and 1,000 years for a plastic bottle or a plastic bag to fully degrade. That means that essentially every plastic bottle or bag that has ever been produced still exists on this planet in some form. To highlight this problem,the Grand Jury received information that in the middle of the Pacific Ocean is an area that has become known as the Great Pacific Garbage Patch. It is comprised of plastics in various states of degradation, and is said to cover an area twice the size of Texas. It is now believed that there are 5.25 trillion pieces of plastic debris in the ocean. At least two thirds of the world's fish stocks are suffering from plastic ingestion and 100,000 marine creatures a year die from plastic entanglement and these are the ones found.28 2A Conflicts in Chemistry: The Case of Plastics,The History and Future of Plastics, What Are Plastics,and Where do They Come From?,Science History Institute;available at https://www.sciencehistory.org/the-history-and-future- of-plastics S Ibid. 26 Ibid. 27 Ibid. 28 bttp://oceancrusaders.org/plastic-crusades/plastic-statistics/ 11 Reducing the use of single use plastics should be a priority for every individual, every company,and every entity of government, from the municipality to the nations of the world. One such way to affect this reduction is through the implementation of a recycling program for single use plastics such as bottles and bags. Numerous states have already seen success with such programs for many years. A recycling program is fairly easy to implement and is quite effective. A recycling program for plastic bottles (such as water bottles) and plastic bags (such as those utilized by grocery stores)could work as follows. The consumer would be charged a nominal returnable fee for each plastic bottle that he or she purchases. The fee could be approximately five or ten cents per bottle. Accordingly, if the consumer buys a single bottle, such as one might buy at a convenience store or a restaurant, the fee would only be five or ten cents. If the consumer buys a case of water which consists of twenty-four(24) bottles, the fee would be $1.20 or$2.40, depending upon if the fee were five or ten cents. If the case of water consists of forty(40)bottles, the fee would be $2.00 or $4.00, depending upon if the fee were five or ten cents. Upon the consumer returning the empty bottles to any authorized retailer which sells such plastic bottles, the fee for each bottle would immediately be refunded to him or her in cash. If the consumer had bought a bottle of water at a restaurant to drink with their meal, when they were done eating and turned back in their bottle they would immediately be refunded back the fee. Many years ago, such a program was in effect in Florida for certain glass bottles (prior to the implementation of plastic soil drink bottles in the 1990s,soda bottles were all glass). It has been reported that shoppers worldwide are using approximately 500 billion single- use plastic bags per year.29 Some stores do not provide free bags for their shoppers. Two(2)states California and Hawaii) have banned plastic bags on a statewide level; 4 U.S. states (Delaware, Maine, Rhode Island and New York) have mandatory recycling or reuse programs in place; and 200 U.S. municipalities have banned or taxed plastic bags. Globally, plastic bags are banned in 32 countries, 18 of which are in Africa.30 Unfortunately for us,Florida was one of 10 U.S. states AZ,FL, IA, ID,IN,MI,MN, MO,MS,WI)which has placed preemptive bans on banning plastic bags.3 29 Id. 30 https://www.reusethisbag.com/articles/where-are-plastic-bags-banned-around-the-world/ 31ld. 12 Notwithstanding the statutes, in 2017 the City of Coral Gables passed an Ordinance prohibiting the use or distribution of single use plastic bags at City special events and prohibited vendors within the city from giving out single use plastic bags. Following passage of the ordinance the City of Coral Gables was sued by the Florida Retail Federation Incorporated which claimed the Florida statutes precluded the city from passing such an ordinance. The court found the statutes unconstitutional and entered a final order to that affect. Coral Gables' ordinance is still in effect. We believe the town of Palm Beach, Florida has become the most recent municipality to say goodbye to single-use plastic bags and polystyrene containers. Their ordinance, which takes effect December 12, 2019 applies to restaurants, drug stores, grocery stores,gas stations and vending trucks or carts. It also applies to individuals or groups who hold a special permit for events on town property.32 We are hopeful that our state will get onboard with this effort and are pleased to report that during this past legislative session a Senate Bill was filed which provided,"A store or a food service business may not provide a carryout bag made of plastic film to a customer". That Bill"died in committee." This Grand Jury recommends that the Florida Legislature make it a major goal to pass such a bill during its next legislative session. Alternatively, implementing a recycling program for plastic grocery bags would give consumers a choice. Consumers could choose to use their own lightweight but heavy-duty bags. They would bring their empty bags to the grocery store, pack their groceries and take them home full. These bags are typically made from canvas or another fiber or polypropylene (which is ironically a plastic). The Florida Legislature passed, and Governor DeSantis signed into law effective July 1, 2019, Florida Statute §581.217, which creates a state hemp program within the Florida Department of Agriculture and Consumer Services.33 Hemp is a strong fiber that has traditionallybeen utilized for the creation ofropes for the military. Hemp would be a goodstrong source of fiber for making such reusable bags. Consumers who choose not to utilize their own bags for grocery shopping, but who would rather continue to utilize plastic bags, would have the option of doing so, but would be charged a nominal returnable fee for each plastic bag that he or she uses for packing their groceries. Once again, the fee could be five or ten cents a bag. Consumers could actually reuse those plastic bags to save money. Consumers who return the 32https://www.palmbeac hpost.com/news/20190627/palm-beach-becomes-first-county-municipality-to-ban-plastic- bags-polystyrene-containers 33 See Florida Senate Bill 1020(2019). 13 empty plastic bags to any authorized retailer which utilizes such plastic bags, would receive a cash refund. Implementing a plastic bottle or plastic bag recycling program turns the bottle or the bag into a commodity, by putting a direct value on it. This directly incentivizes consumers to return the bottles and bags for their refund. Just as the average person would not throw out nickels or dimes into their trash, or onto the side of the road, or into the Bay, if bottles or bags had a cash value to them, the consumer would not discard them either. The free market would serve to ameliorate the trash created by those few who still might choose to discard their bottles or bags. People who see discarded bottles or bags would pick them up on their own, as a means of earning extra cash. When glass bottles had a return value, various groups,including,Boy Scouts,Girl Scouts,sports teams, and others would regularly collect bottles that they would find as a means to fund certain activities such as trips, or to purchase uniforms. We urge the Florida Legislature to implement a recycling program such as we detail here. There is another simple solution to help reduce plastics on our roadways,in our stormwater system, canals, and in our Bay. Putting more trash receptacles in public places can reduce the amount of trash that ends up on the ground, and eventually in the Bay. it is not unusual to see overflowing trash receptacles in some areas of our communities. The overflow ends up on the ground and from there may be blown or washed into the stormwater system. This result can be easily avoided with more frequent emptying of trash receptacles. Finally, we also urge that trash can coverings be utilized that do not allow for wind to blow trash out when the receptacle gets too full. C. Sediment In addition to Biscayne Bay suffering damage from plastics and other marine debris, it is also negatively impacted by sediment that flows from the canals into the bay.Devices called baffle boxes can be installed to address this problem. A baffle box is a concrete or fiberglass structure which can be installed inline in a stormwater drainage system. It contains a series of chambers that are separated by baffles. The purpose of a baffle box is to filter out sediment from stormwater. As the water flows through the series of chambers,its flow velocity is reduced as it hits the concrete baffles,allowing solids and pollutants to settle to the bottom of the box. 14 Baffle boxes have been shown to remove from 500 to 50,000 pounds of sediment per month,depending upon the sediment load which flows into the baffle box.34 They have been used successfully in other jurisdictions. To be effective, baffle boxes must be regularly cleaned. For this reason manhole covers are placed over each chamber, so that each chamber can be easily accessed for cleaning. While some baffle boxes have been installed in Miami-Dade County, we recommend the installation of additional baffle boxes at appropriate locations to further reduce the amount of harmful sediment flowing into Biscayne Bay. IV. EXCESSIVE NUTRIENTS Biscayne Bay is a marine estuary that supports a diverse ecosystem. In its natural state, Biscayne Bay has a living hardbottom habitat with extensive seagrass cover. These seagrass meadows provide nursery space for baby fish,and a habitat for shrimp and other small crustaceans. These in turn lure bigger fish, including snapper, sea trout, snook, bonefish, grunt, and tarpon. Manatees also thrive in these seabeds, where they feed on the seagrass. These seabeds also serve as a filtration system,which helps to keep the waters of the Bay clear. Unfortunately,over the past several years, Biscayne Bay has suffered a significant loss of much of its seagrass. In 2017, Miami-Dade County biologists discussed a study which indicated that Biscayne Bay has lost more than 21 square miles of seagrass over the pass decade.35 The shallow basin in the northern portion of Biscayne Bay between the Julia Tuttle Causeway to the south and the 79th Street Causeway to the north is referred to as the Tuttle basin.36 Nearly half of the seagrass in this basin has died. With this significant reduction in seagrass the fish have fled. The bottom of the Tuttle basin is now being referred to as an underwater dust bowl.37 In 2017, the Florida Department of Enviromnental Protection determined that Biscayne Bay is an "impaired waterbody" because of the presence of Chlorophyll-a,Nitrogen.35 It is the combination of the nutrients nitrogen and phosphorus that allow algae blooms to thrive. Too much nitrogen and phosphorus in the water causes algae to grow faster than 3'Stormwater Technology Fact Sheet Baffle Boxes,United States Environmental Protection Agency,Office of Water,Washington,DC, EPA 832-F-01-004,September 2001. 33 https://www.mlamiherald.cont/news/local/environment/article 145863444.Ittml 36 Ibid. 7 Ibid. https://www.miamitodaynews.com/2019/02/05/palm-beach-county-becomes-poster-child-for-biscayne-bays- health/ 15 ecosystems can handle. Significant increases in algae harm water quality, food resources and habitats, and decrease the oxygen that fish and other aquatic life need to survive. Large growths of algae, called algal blooms,can severely reduce or eliminate oxygen in the water, leading to the loss of underwater plants such as seagrasses and the deaths of large numbers of fish.39 Beginning in 2005, after Hurricane Katrina and Hurricane Wilma swept through South Florida, significant changes became evident in Biscayne Bay. A persistent algal bloom started to coat the seagrass in the central portion of the Bay.A new tnicroalgae,and a toxic blue-green bloom at the southern end of the Bay was killing off coral and sponges. Fish populations also shrank.4° There are many theories as to what caused the increase in nutrients in Biscayne Bay. Annually, 2,173 tons of nitrogen flow into Biscayne Bay from the canal system in Miami-Dade County. Amongst this total is approximately 512 tons of nitrogen a year that is not produced in Miami-Dade County. The source of that nitrogen is the regional canal system which feeds into our local canals. The various contributors of this nutrient loading into the canal system that eventually ends up in Biscayne Bay include stormwater runoff, byproducts from agricultural activities in the western and southern portions of Miami-Dade County, leakage from the wastewater sewer system, and leakage from septic tanks. In addition to the 2,173 tons of nitrogen that are loaded into Biscayne Bay from Miami-Dade canals annually, there is an additional 5,400 tons of nitrogen discharged into the ocean through the ocean outfall pipes on an annual basis. A. Stormwater Runoff Nutrients flow into the stormwater system from all sorts of sources, including organic material. Human and pet waste contain nutrients. We were surprised to learn that it is estimated that based upon the population in Miami-Dade County, approximately 100,000 pounds of dog feces a day are deposited in our community. Much of this gets into the stormwater system, and into the Bay. Dog feces contain a lot of nitrogen. B. Agricultural Activities Nutrients such as phosphates and nitrogen are utilized in many agricultural activities, and they easily make their way into the canal system and into the Bay. Sources for phosphates and United States Environmental Protection Agency(E.P.A.),Environmental Topics,Nutrient Pollution,The Issue; available at https://www.epa.gov/nutrientpollution/issue 0 https://www.miamiherald.com/news/local/enviromnent/articleI45863444.html 16 nitrogen include fertilizer that is used on lawns. The nutrients from fertilizer run into storm drains, the canal system,and eventually the Bay. Runoff from suburban lawns is actually a major source of fertilizer pollution. C. Wastewater Sewer Systems As discussed previously, there are many leaks in the wastewater sewer system in Miami- Dade County. Consequently, a significant amount of human waste from the wastewater sewer system makes its way into the canal system and into the Bay. V. CONTAMINATION OF THE BISCAYNE AQUIFER-THE SOURCE OF OUR DRINKING WATER The Biscayne Aquifer underlies an area of about 4,000 square miles and is the principal source of water for all of Dade and Broward Counties and the southeastern part of Palm Beach County in southern Florida. The Biscayne Aquifer, which is the primary source of our fresh water for drinking in South Florida, lies a mere four feet below our feet. It goes as deep as eighty (80) to one hundred and forty (140)feet. It is a shallow layer of highly permeable limestone. Because the Biscayne Aquifer is highly permeable and lies at shallow depths everywhere, it is readily susceptible to contamination. The aquifer is the only source of drinking water for about 3 million people.`` Major population centers that depend on the Biscayne Aquifer for water supply include Boca Raton, Pompano Beach, Fort Lauderdale, Hollywood, Hialeah, Miami, Miami Beach, and Homestead.The Florida Keys also are supplied primarily by water from the Biscayne Aquifer that is transported from the mainland by pipeline. 42 Our natural water supply is being negatively impacted by: 1) run off from septic tanks; and 2) the hypersalinity of water in the cooling canal system used by Florida Power and Light to dissipate the heat created by generators at its nuclear power plant located at Turkey Point. A. Septic Tanks Septic tanks not only contribute to the discharge of excessive nutrients into Biscayne Bay, they also are responsible for contaminating our water supply. There are two (2) ways to handle Al Ground Water Atlas Of The United States Alabama,Florida,Georgia,South Carolina HA 730-G, https://pubs.usgs.gov/ha/ha730/ch_g/G-text4.html, 42 Id. 17 wastewater from a residence in Miami-Dade County. The vast majority of residences in Miami- Dade County are connected to the Miami-Dade Water and Sewer Department's wastewater sewer system and dispose of their plumbing waste from toilets and sink and shower drains in this manner. This is what is referred to as a "centralized" system. The centralized system in Miami-Dade County consists of the vast network of pipes and pumps operated by MDWSD which collect and move the wastewater from the locations where they are generated to one of the three(3)wastewater treatment plants operated by MDWSD. However,even with the availability of this massive system there are approximately 105,000 parcels of property in Miami-Dade County that are not connected to the centralized MDWSD wastewater collection and treatment system. 43 Many of these properties are located in areas of the county where centralized systems are not available, and they treat their wastewater onsite, in what are referred to as "decentralized" systems. These decentralized onsite systems utilize septic tanks. A septic tank is a large vault, usually constructed of concrete, that is buried under the ground. It typically holds about 1,000 gallons of wastewater. The solid portion of the waste settles to the bottom,and light solids and liquids such as oils and grease float to the top. These solids and liquids remain in the tank. As such, the solid and liquid wastes that remain in the tank must be pumped out and transported from the site by a trained professional.This requirement dictates that septic tanks receive routine maintenance. As wastewater enters the septic tank it dispels an equal amount of wastewater (effluent) through an outlet valve located on the opposite side of the tank. The outlet valve has a filter in it that prevents solid debris from exiting the tank. As effluent exits the septic tank, it is distributed into a drainfield, which sits on top of soil. Once this effluent gets into the drainfield, it begins to gradually flow down vertically through the soil to the water table. This process is designed to remove a number of pollutants. However, for pathogens such as bacteria and viruses, and other 1 organic and inorganic pollutants to be removed by natural filtration through the soil, the vertical flow must be achieved under trnsatuiated flow conditions. In other words,for this natural filtration process to be effective, the soil that the effluent is flowing down through cannot be saturated. Unsaturated flow conditions allow for aerobic conditions in the soil. The air-filled pockets in the Septic Systems Vulnerable To Sea Level Rise,November 2018,Final Report in support of Miami-Dade County Resolution No. R-911-16. 18 soil slow the rate of vertical flow of the wastewater, which increases the time that it takes for the effluent to reach the water table. This allows for proper natural absorption,aeration,filtration,and biochemical reactions to occur.''' To achieve unsaturated flow conditions, a minimum vertical separation must be maintained between the bottom surface of the drainfield and the wet season high water table. The Environmental Protection Agency recommends a minimum separation between the bottom surface of the drainfield and the wet season high water table of 24 to 48 inches.#5 The minimum separation required by the Florida Department of Health is 24 inches.46 If the vertical section of soil below a drainfield of a septic tank is saturated, the effluent that comes out of the drainfield will flow vertically almost unimpeded through the saturated soil, so it will not have necessary time for the proper absorption, aeration, filtration, and chemical reactions to occur. This unimpeded vertical flow significantly increases the risk of contamination of the water table and the risk of impact upon human health. According to Dr. Samir Elmir from the Florida Department of Health: The volume of unsaturated soil underneath the drainfield impacts the [septic system's] ability to efficiently remove pollutants. It has been shown that aeration of effluent in the unsaturated soil is important in achieving decomposition of organic particles and compounds, in effectively removing phosphorus, in facilitating nitrification that serves as the basis for denitrification to remove nitrogen,and in decreasing bacteria and viruses." In addition, effluent moves more slowly in unsaturated soil than in saturated soil, and,therefore, experiences a longer treatment time and a better opportunity for many pollutants to be removed." Studies conducted in Florida show that the concentrations of various contaminants from the septic tank decrease considerably with the increase 4°Ibid. u United States Environmental Protection Agency(E.P.A.), Design Manual,Onsite Wastewater Treatment and Disposal Systems(EPA 625/1-80-012);available at https://www.epa.gov/sites/production/files/2015- 06/documents/septic_1980_osdm_al l.pdf 46 Chapter 64e-6,Florida Administrative Code;available at https://vww.flrules.org/gateway/ChapterHome.asp?Chapter=64E-6 47 Bicki,T.J.,R.B. Brown,M. E.Collins, R.S. Mansell,and D.F. Rothwell. 1984. Impact of On-Site Sewage Disposal Systems on Surface and Ground Water Quality. Report to Florida Department of Health and Rehabilitative Services under Contract number LC 170. 48 Bicki, T.J.and R. B.Brown. 1990.On-Site Sewage Disposal—The Importance of the Wet Season Water Table. Journal of Environmental Health 52(5):277-279 19 of the depth of unsaturated soil. Bacteria and viruses from wastewater treated by septic systems travel considerable distances in saturated soil and cause groundwater pollution.' See Septic Systems Vulnerable To Sea Level Rise, November 2018, Final Report in support of Miami-Dade County Resolution No. R-911-16, at pg. 14. Septic tanks and the effluent that flow from their drainfields not only contain large amounts of ammonia and phosphorus, but also numerous pathogenic human organisms. According to Dr. Elmir,"shigellosis, salmonella,hepatitis A,viral gastroenteritis and other human viral diseases are shed in human waste in extremely high numbers(order of millions)in waste discharged from both ill and healthy people." In addition, Dr. Elmir notes that, "Some of the pathogenic human organisms can survive harsh and various environmental conditions(extreme temperatures,various soil moisture conditions,rainfall,salinity,etc.)for a long time from one day to a couple of years."5I This reality heightens our concerns over how these septic tanks have the potential to contaminate our drinking water and create health risks for visitors and residents alike. Saturated soil columns under drainfields do not allow for the filtration and neutralization of these dangerous pathogens and excessive nutrients from effluent that is discharged from the drainfields. This, along with old leaky or cracked septic tanks, allows the effluent from these systems to not only leach into the groundwater, but to also flow into the canal system and then into Biscayne Bay, carrying these pathogens and nutrients with it. Once this contaminated and untreated effluent gets into our ground water and the Biscayne Aquifer, it can easily contaminate our water supply and cause a public health disaster. Studies have demonstrated the migration of viruses from septic tanks to coastal waters in the Florida Keys, Sarasota, and Charlotte Harbor.52 49 Anderson,D. L.,A. L. Lewis,and K. M.Sherman. 1990.Unsaturated Zone Monitoring Below Subsurface Wastewater Systems Serving individual Homes in Florida. IN: Proceedings ot'the National Environmental Health Association's Fifth Annual Midyear conference"Drinking Water and Groundwater Protection". Pp.413- 438;Ayres Associates. 1989 Onsite Sewage Disposal System Research in Florida—Performance Monitoring and Ground Water Quality Impacts of OSDSs in Subdivision Developments. Prepared for Florida Department of Health and Rehabilitative Services,Tallahassee,Florida.;Otis,R.J.2007. Estimates of Nitrogen Loadings to Groundwater from Onsite Wastewater Treatment Systems in the Wekiva Study Area. Task 2 Report Wekiva Onsite Nitrogen Contribution Study so Hain,K.E.,and R.T.Obrien. 1979.The survival of enteric viruses in Septic tanks and septic tank drain fields. Water Resources Res. Inst. Rept.No. 108,New Mexico Water Resources Res. Inst., New Mexico State Univ., las Cruces,New Mexico.; Viraraghavan,T. 1978.Travel of microorganisms from a septic tile. Water, Air,and Soil Poll.9:355-362 5' Septic Systems Vulnerable To Sea Level Rise,November 2018, Final Report in support of Miami-Dade County Resolution No. R-911-16. S2 http://www.floridahealth.gov/environmental-health/onsite-sewage/research/__documents/research- reports/_documents/seasonally-inundated-report.pdf 20 The impact of rising sea levels upon septic tanks are also a major concern. As sea levels rise, so does the groundwater table. Since 1994, sea levels have risen four (4) inches, and are expected to increase an additional two (2) to six (6) inches by 2030.53 The increase in sea levels have led to higher groundwater levels in certain areas. With rising sea levels, the soil column below a drainfield remains wet and saturated and does not function effectively or efficiently to filter the effluent coming out of the drainfield of the septic tank. If the water table rises to the level of the drainfield,there is effectively no filtering of the effluent at all once it leaves the septic tank. The unfiltered effluent then seeps into the Biscayne Aquifer, and also runs off as surface water, ultimately getting into Biscayne Bay. While the current minimum separation between the bottom surface of the drainfield and the wet season high water table is currently 24 inches for new septic tanks,that was not always the standard. The standard, which at one time was only 12 inches, was actually made stronger over time. This means that some septic tanks exist in Miami-Dade County wherein the bottom surface of the drainfield was only 12 inches above the water table when the system was installed. Since sea levels have risen four(4) inches since 1994,these drainfields are only eight (8) inches above the water table now. If the forecasting is correct, and the sea level and the water table rise an expected two (2) to six (6) inches by 2030, then in the next ten years these drainfields may only be two(2) inches above the water table. This is almost as if the property owner just flushed their toilet right into our drinking water. The Miami-Dade County Board of County Commissioners demonstrated its concern for this issue in 2016 when it voted in favor of a resolution directing the Mayor or Mayor's designee, to study and assess how sea level rise may affect septic systems in Miami-Dade County". On October 5,2016,the Board of County Commissioners(Board)passed Resolution No. R-91 I-16, which directs the Mayor or Mayor's designee, "to study and assess how sea level rise may affect septic systems in Miami-Dade County, and to prepare a report. The report shall, at a minimum, identify:(1)how septic systems may be affected by sea level rise;( 2)the potential risks involved;(3)areas of the County that could be most impacted;(4)recommendations on how best to eliminate the vulnerability of septic systems to sea level rise; and(5)recommendations as to any further legislative or administrative action that may be necessary to address the vulnerabilities and problems identified, including, but not limited to, seeking funding from the state for purposes of carrying out the objectives of this item."54 53 Septic Systems Vulnerable To Sea Level Rise,November 2018,Final Report in support of Miami-Dade County Resolution No. R-9I 1-16. https://www.miamidade.gov/green/1ibrary/vulnerability-septic-systems-sea-levet-rise.pdf p.7 21 In the November 2018 Final Report in support of Miami-Dade County Resolution No. R- 911-16,it was determined that as of now,56%of the septic systems—or 58,349 parcels of property are already periodically compromised during storms or wet years. To make this calculation,the assumption was that the bottom of the drainfield associated with the septic tank was 18 to 24 inches below the surface of the ground, and that the minimum required separation between the bottom of the drainfield and the water table is 24 inches—the minimum required distance to establish aerobic soil and unsaturated flow and thereby promote proper treatment of the effluent at the wet season high water table. Therefore,an average wet season water table within 42 inches of the surface of the ground will result in approximately 18 to 24 inches between the bottom of the drainfield and the water table and less than 18 to 24 inches for the wettest season water table.At these separations, water quality may already be periodically compromised for 56%of the septic systems—or 58,349 parcels of property which already have an average wet season water table within 42 inches of the surface. By the year 2040,with the increase in sea level rise and the accompanying increase in the water table,it is forecast that water quality will be periodically compromised for 64%of the septic systems—or 67,234 parcels of property. 55 In this regard, it is our recommendation that from now on, no property owner in Miami- Dade County should be permitted to install a septic tank and MUST connect to the Miami-Dade Water and Sewer Department's wastewater sewer system, if there is a sewer line in the vicinity. In those portions of the county where the water table is already so high that any septic tank system would already be periodically compromised during storms or wet years if such a system were to be installed, then such a system should not be approved for installation. Additionally,while we know that Miami-Dade County leaders are exploring the possibility of connecting the property owners that are currently utilizing onsite decentralized septic tanks onto the centralized MDWSD wastewater sewer system, we are also aware of the substantial cost that would be involved to accomplish this. A preliminary analysis in 2013 done by MDWSD estimated that the cost to connect all of the residential properties to the MDWSD wastewater sewer system who were on septic tanks would be $2.3 billion. A subsequent report in 2016 indicated that the cost would be approximately$3.3 billion.' Assuming the figure of 100,000 properties, the cost, ss Septic Systems Vulnerable To Sea Level Rise,November 2018,Final Report in support of Miami-Dade County Resolution No. R-9I 1-16. se lbid 22 when spread amongst each property owner, would be approximately $33,000.00 each. This is a prohibitive cost for property owners to incur. We know that Miami-Dade County leaders are exploring funding sources for this important and necessary project, including but not limited to general obligation bonds, revenue bonds, rate surcharges,the creation of a special taxing district,connection charges, and connection surcharges. Because this is such a critical issue for our communities, we urge Miami-Dade County leaders to explore these funding sources, as well as other sources of funding that have been suggested, including funding from the U.S. Environmental Protection Agency Clean Water State Revolving Fund, U.S. Environmental Protection Agency Nonpoint Source Section 319 Grants, Community Development Block Grants from the U.S. Department of Housing and Urban Development, funding programs within the U.S. Economic Development Administration, financial assistance sources from within the Catalog of Federal Funding Sources for Watershed Protection,and grant funding from the U.S. Environmental Protection Agency Environmental Center Network. Biscayne Bay and the waterways in Miami-Dade County are not the only ones having problems in the State of Florida. On July 6, 2016, (then) Governor (now Senator) Rick Scott announced that he would propose additional funding in his State Fiscal Year 2017-2018 recommended budget to help clean up the Indian River Lagoon and Caloosahatchee River into which the polluted waters of Lake Okeechobee are discharged. This budget was to include new funding for a voluntary 50/50 matching grant program with local communities surrounding the water bodies affected by algae blooms resulting from the frequent discharges of water from Lake Okeechobee. Governor Scott stated in a press release that septic tank runoff is a major contributor to the pollution in those waters,and that he looked forward to working with the Legislature to fund efforts to curb it. As the successor to Rick Scott,we encourage Governor DeSantis,working with the Florida Legislature, to fund efforts to assist Miami-Dade County in saving the health of Biscayne Bay and the health of the residents of South Florida by eliminating septic tanks and converting to the centralized MDWSD wastewater sewer system. A person may not construct,repair,modify,abandon or operate an onsite sewage treatment and disposal system (OSTDS) without first obtaining a permit approved by the Miami-Dade County Health Department. The OSTDS program is responsible for performing application reviews, conducting site evaluations, issuing permits, and conducting inspections and complaint 23 investigations associated with the construction, installation,repairs,and abandonment of an onsite sewage treatment and disposal system. We recommend that the OSTDS program implement a mandatory biannual inspection of every septic tank in Miami-Dade County,to insure that they are all maintained properly. Such an effort would preserve the public health by preventing groundwater and surface water contamination. B. Hypersalinity Of Water In Cooling Canals at Florida Power and Light's Turkey Point Power Plant Florida Power and Light is the largest of Florida's fifty-five(55)electric utilities. It powers about half of the state and serves over 10 million people over about 5 million customer accounts. Florida Power and Light's Turkey Point Power Plant is located at 9700 S.W. 344th Street, on a 3,300-acre site two(2)miles east of Homestead and twenty-five(25)miles south of Miami. It was built in the late 1960s and initially had two (2)fuel powered electrical generation units. In 1972 the first nuclear plant — Unit 3 —came on line, followed by the second nuclear plant —Unit 4 — which came on line the following year. Combined, these units generate 1,632 megawatts of electricity. Unit 5, a natural gas electrical generation unit capable of generating 1,187 megawatts of electricity, was commissioned in 2007. Units 1 and 2 are decommissioned. Half of the electricity used in Miami-Dade County comes from Florida Power and Light's Turkey Point Power Plant. Nuclear power generators create a significant amount of heat, which must somehow be dissipated. The system that dissipates the heat utilizes water, which does not come into contact with the actual nuclear equipment, to remove the heat. It is analogous to the radiator of a car, which dissipates the heat built up in an engine, yet the radiator fluid does not come into contact with the gasoline or the interior of the cylinders in the internal combustion engine of the car. Most nuclear power plants dissipate this heat by the use of cooling towers; large towers which transfer the heat from the water into the air. Turkey Point is unique, in that rather than using cooling towers to dissipate the heat, it utilizes a series of cooling canals. This cooling canal system is comprised of a series of thirty-nine 39)adjacent canals. Each canal is about thirty(30) yards wide and only three(3)feet deep. The cooling canal system is two (2) miles wide, and five (5) miles long. It is referred to as a giant radiator, and in fact, from above, looks like a radiator turned on its side. The water flows in a 24 counterclockwise direction. Hot water from the electrical generating process is discharged from the electrical power generating units in the plant into a feeder canal which flows into the thirty- two(32)canals on the western side of the cooling canal system. These canals flow in a southerly direction toward a collector canal,which then brings the water in an easterly direction to seven(7) north-flowing canals. The"cooled" water is then returned to the intake location at the electrical power generating unit,where it begins another cycle. The heat from the water in the cooling canal system is dissipated as the water flows through its cycle. It is dissipated through the natural processes of evaporation and solar radiation. When the water enters the electrical power generating unit,its temperature is approximately eighty-eight degrees (88°). When the water is discharged from the electrical power generating unit, its temperature is about six (6)or seven(7)degrees hotter. Like all other canals in South Florida,the cooling canals are connected to our groundwater. The water in the cooling canal system is saltwater. As the water evaporates from the cooling canals, the salinity concentration in the water that remains in the canals increases significantly. Additionally,drought conditions can cause an increase in the salinity of water in the cooling canals. Because saltwater is denser and heavier than freshwater, the saltwater tends to sink. Because the cooling canals are connected to the groundwater, the hypersaline water flows down into the groundwater. In fact, in our ecosystem, there is a constant struggle between the saltwater in the ocean and the freshwater inland. As sea levels rise, saltwater intrudes further inland, threatening our underground freshwater supply. C. The Saltwater Plume The hypersaline water from Turkey Point has formed an underground saltwater plume that. currently exists under Turkey Point, and extends several miles beyond the western boundary of Florida Power and Light's Turkey Point property footprint. In fact, scanning technology employed by Florida Power and Light has revealed that the location of the plume is depth dependent, in that the deeper the depth of the scan, the higher the concentration of saline contained in the groundwater. This saltwater plume constitutes a serious threat to the source of our freshwater. Florida Power and Light has acknowledged the existence of this saltwater plume and has undertaken strategies to mitigate it. They are taking a two-pronged approach. The first prong is directed at taking steps to decrease the salinity in the cooling canals. The second prong is focused 25 on retracting the area of the hypersaline plume by pumping the hypersaline groundwater out of the Biscayne Aquifer. To reduce the salinity in the cooling canals, Florida Power and Light has installed wells that are approximately one thousand(1,000)feet deep,and extend into the Floridan Aquifer,which is way below the level of the Biscayne Aquifer. These wells are pumping 14 million gallons of water a day from the Floridan Aquifer into the cooling canals,in an effort to reduce the salinity in the cooling canal system to the average salinity of Biscayne Bay,which is 34 psu(practical salinity units). To retract the underground hypersaline plume, Florida Power and Light has implemented a recovery well system that extracts the hypersaline groundwater out of the Biscayne Aquifer. The recovery well system consists of ten (10) wells that extract 15 million gallons of hypersaline groundwater per day. This hypersaline groundwater is then injected approximately three thousand 3,000) feet underground into the boulder zone,which is a confined zone safely below the Biscayne Aquifer. It is the same zone where the Miami-Dade Water and Sewer Department injects all of the wastewater from the South District Wastewater Treatment Plant and some of the wastewater from the North District Wastewater Treatment Plant. Florida Power and Light's first goal is to halt the westward migration of the hypersaline plume within five (5) years. Its second goal is to retract the plume to an area within the boundaries of the Florida Power and Light Turkey Point property lines within ten(10)years. Florida Power and Light's plans to accomplish these goals are set forth in two separate agreements. One is a 2015 Consent Agreement with Miami-Dade County. The other is a 2016 Consent Order with the Florida Department of Environmental Protection. In accordance with these agreements, by 2021,Florida Power and Light must reduce the salinity in the cooling canals to 34 practical salinity units. Florida Power and Light has stated that to meet with this deadline, it will employ additional measures if needed. We implore the executives at. Florida Power and Light to do whatever they can to ensure that the salinity levels in the cooling canal system are brought down as much as possible, as soon as possible,and that the saltwater plume is reduced as much as possible and as soon as possible. We also urge all of the agencies with regulatory authority over the Turkey Point facility, including the United States Nuclear Regulatory Commission, the United States Environmental Protection 26 Agency, the Florida Department of Environmental Protection, the Miami-Dade County Department of Environmental Resource Management, the South Florida Water Management District, and Miami-Dade County, amongst others, to rigorously evaluate and monitor Florida Power and Light's efforts to both bring the salinity levels in the cooling canal system down to 34 psu,and to diminish the saltwater plume. As stated earlier in this report,ocean outfall legislation requires that by the year 2025,there is to be no more wastewater discharged into the ocean. We urge Florida Power and Light and Miami-Dade County to continue their efforts as stated in a Joint Participation Agreement to explore opportunities to reuse treated wastewater at Florida Power and Light's Turkey Point facility. We also recommend that should Florida Power and Light move forward with plans to build additional nuclear power generating units at Turkey Point, such units must be cooled utilizing cooling towers,rather than a cooling canal system. VI. CONCLUSION It is obvious that the health of our precious Biscayne Bay and our underground drinking water is at a state of precarious balance, brought forth by the many forces which have been discussed herein, most of which are maiunade. The entire balance is further threatened by rising sea levels. Whether these rising sea levels are caused by manmade forces and are a consequence of global warming, or whether the rise in sea levels are part of long-term natural ebbs and flows of the environment over the passage of great periods of time is a debate for another day, but we know for a fact that sea levels have risen. Accordingly, we encourage everyone, from the individual to every unit of government, to act responsibly in making decisions that will affect the future health of Biscayne Bay and our water supply. We are heartened to see that the Miami-Dade County Board of County Commissioners has created the Biscayne Bay Task Force, whose purpose is to advise the Miami-Dade County Board of County Commissioners and the County Mayor"on issues related to Biscayne Bay. That includes but is not limited:to the long-term management of Biscayne Bay;the health of the marine community; run-off and other impacts to water quality; marine debris; education and outreach; economic development and vitality related to Biscayne Bay; and how conditions in Biscayne Bay 27 may affect residents and property owners. As part of its duties, the Task Force shall also review the relevant data and prior studies,assessments,reports,and evaluations related to Biscayne Bay, and receive advice and recommendations from County staff including the County's Division of Environmental Resources Management (DERM), Office of Resiliency, and Water and Sewer Department. The Task Force may hear additional presentations and comments from other experts and members of the public, including but not limited to entities such as the South Florida Water Management District, the Florida Inland Navigation District, the Florida Department of Environmental Protection,and the National Parks Service. The Task Force shall prepare a written report with recommendations to the Board of County Commissioners. That report should include recommendations and an action plan identifying problem areas and prioritizing projects for Biscayne Bay, and recommendations to this Board regarding proposed State and Federal legislation,activities,and appropriations.s57 We urge all levels of government to participate in earnest efforts to implement whatever recommendations they can to ensure a healthy future for our Bay and our groundwater. The broad and beautiful lagoon that we know today as Biscayne Bay has always had a special magnetism, from its 1513 European discovery by Juan Ponce De Leon to its contemporary daily discovery by residents,tourists and visitors alike. Yet,as we express our love for Biscayne Bay's beauty,marine life and its ecology, we too often shy away from our daily actions that may be slowly strangling this thing we say we cherish. This Grand Jury hopes that their report,intended to focus our attention on those daily actions and activities which are damaging Biscayne Bay, will be a loud call to action so that we may save this valuable resource. S7 Miami-Dade County Board of County Commissioners Resolution Number R- 165-19. 28 INDICTMENT NAME OF DEFENDANT CHARGE RETURNED THALES FERREIRA First Degree Murder First Degree Murder True Bill WALTER SAUL PEREZ First Degree Murder Attempted Felony Murder with a Firearm/Deadly Weapon or Aggravated Battery True Bill JOHN STANTON(A)and JERMAINE SHELDON KING(B) First Degree Murder(A&B) Robbery Using Deadly Weapon Or Firearm (A&B) Firearm Weapon Ammunition Possession by Convicted Felon Or Delinquent(A) True Bill DAVID THOMAS CASH (A)and KARL PHILIP SCHMIDT(B) First Degree Murder(A&B) Controlled Substance Sell/Manufactue/ Deliver/or Possess W/Intent (A) Controlled Substance Sell /Manufactue/ Deliver/or Possess W/Intent(B) Controlled Substance Sell / Manufacture/Deliver/or Possess W/Intent (A) True Bill JULIO MONTEZ MORRIS, Also known as BOO",also known as"BOO BA"(B), JAMES WILLIAM KELLY, III, Also known as"SKATEBOARD"(C),and HOWARD TRANARD WATERS(D)First Degree Murder(B) First Degree Murder(B,C,D) First Degree Murder(B,C,D) Conspiracy to Commit First Degree Murder(B,C,D) Attempted/Premeditated Murder(B) Retaliating Against a Witness, Victim or Informant/Bodily Injury/Firearm (B) Retaliating Against a Witness, Victim or Informant/Bodily Injury/Firearm(B,C,D) 28 INDICTMENT NAME OF DEFENDANT CHARGE RETURNED continuedfrom previous page) Tamper/Wit/Vic/Life/Capital Felony(B) Tamper/Wit/Vic/Life/Capital Felony(B,C,D) Burglary With Assault or Battery Therein While Armed(B) Attempted Premeditated Murder With a Deadly Weapon or Aggravated Battery(B) True Bill NOEL A. CHAMBERS First Degree Murder First Degree Murder Murder l st Degree/With a Deadly Weapon / Attempt True Bill ANTHONY RODRIGUEZ(A)and JAMES ANTHOWN LEMONS (B) First Degree Murder(A&B) Murder Premeditated Attempt Deadly Weapon or Aggravated Battery(A&B) Murder Premeditated Attempt Deadly Weapon or Aggravated Battery(A&B) Murder 1st Degree/With a Weapon/ Conspiracy(A&B) Shooting or Throwing Deadly Missile(A&B) Firearm/Weapon/Ammunition Possession by Convicted Felon or Delinquent(A) Grand Theft 3rd Degree/Vehicle(A) Robbery Using Deadly Weapon or Firearm(B) Murder I st Degree With a Deadly Weapon Attempt(B) True Bill PAOLA DENISE VARGAS ORTIZ First Degree Murder True Bill 29 ACKNOWLEDGMENTS We have had the privilege and opportunity of serving as Grand Jurors on the Fall Term 2018 Miami-Dade County Grand Jury over the past nine(9)months,including an extension. We come from many different backgrounds, from many different parts of the County, but we all have a common appreciation of how important our work here has been. The homicide cases which were presented to us were sobering. We leave both informed and enriched. We would like to express a debt of gratitude to the following individuals: Thank you to Katherine Fernandez Rundle for allowing us to be a voice for this community and for the leadership that you show on this important topic. Thank you to Don Horn for getting us started with the rules of law and for your guidance in giving us examples based upon interesting stories from other matters that you used as references. Thank you to Howard Rosen for the guidance through this long Grand Jury process and your invaluable assistance to us in preparing this report. Thank you to Neil Gil for the great entertainment and mushroom pizza. We are still waiting on that lobster. Thank you to Rose Anne Dare for your important work in keeping things running smoothly. Thank you Judge Lopez,Judge Rodriguez,and Judge Hogan Scola for your important role in this awesome extended journey. Thank you to John Perikles and David Maer for your help and insight. Thank you to all our fellow Grand Jurors for your dedication and commitment to serving this Country. God Bless America. It has been an honor and a pleasure to serve our community. Resp ctfully submitted, Robert Behar, Vice Foreperson Miami-Dade County Grand Jury Fall Term 2018 ATTEST: 464-1 Erik Kessler Acting Clerk Date: August 8, 2019 30 City of Miami Beach Water Quality Report January 8, 2020 Table of Contents 1.0. INTRODUCTION ………………………………………………………………......... Page 1 Stormwater Management in Biscayne Bay Watershed……………..Page 1 Miami Beach Water Quality Sampling Program…………………………Page 2 2.0. METHODOLGY ………………………………………………………………………….Page 4 Sample Location………………………………………………………………………..Page 4 • Figure 1………………………………………………………………………….Page 5 • Figure 2………………………………………………………………………….Page 6 • Figure 3A……………………………………………………………………….Page 7 • Figure 3B……………………………………………………………………….Page 8 Sampling Methodology and Equipment Used……………………………Page 8 Field Observation………………………………………………………………………Page 9 3.0 ANALYSIS………………………………………………………………………………….Page 9 Table 1……………………………………………………………………………………..Page 10 Table 2……………………………………………………………………………………..Page 10 4.0. RESULTS ……………………………………………………..…….........................Page 11 Table 3……………………………………………………………………………………..Page 11 5.0. CONCLUSIONS..……………………………………………………….……………….Page 11 6.0. RECOMMENDATIONS…………………………...…………………………………Page 12 1 Introduction Stormwater Management in the Biscayne Bay Watershed Clean waterways are critical to our local ecosystem, our residents’ quality of life, and our economy. As a utility, the city has the responsibility of protecting public health and safety by operating the wastewater and stormwater systems appropriately. Each year, the city reviews its stormwater management program to determine what strategies worked and which require refinement to keep up with changes in our community. A critical part of this review process is to monitor the health of the waterways to understand how our aquatic habitats function and set measurable goals to improve their health. The health of Biscayne Bay is a regional concern. Contributing factors such as underground septic tanks, nutrient loading from agriculture, and inputs from heavy industry, are examples of inputs that cause other areas of the bay and contributing waterways to have higher nutrient loads and have lower percentages of dissolved oxygen. Through the development of the Greater Miami & the Beach Resiliency Strategy, the region developed recommendations and goals for improving regional water quality. To augment the efforts occurring across the region, the city implements a multi-faceted strategy to keep pollution from entering our waterways that meets and, where possible, exceeds regulatory requirements. The city’s strategy is founded on the requirements of the National Pollution Discharge Elimination System (NPDES) permit program, which was created in 1972 by the Clean Water Act. The NPDES permit program addresses water pollution by regulating point sources that discharge pollutants to waters of the United States. Miami Beach is one of 32 municipal co-permittees with Miami-Dade County for NPDES Permit No. FLS000003, that own and operate Municipal Separate Storm Sewer Systems (MS4s) throughout Miami-Dade County. The Miami Beach MS4 is comprised of over 90 miles of pipes that carry rainwater collected from inlets on city streets and discharges it via more than 300 outfalls into our waterways and Biscayne Bay. 31 other municipalities and Miami-Dade County also operate MS4s for a combined total of more than 8,000 outfalls discharging into Biscayne Bay and its tributaries. The city’s outfalls constitute approximately 4% of the region’s outfalls. The city reduces potential pollution through a combination of education and outreach, good housekeeping, as well as the use of cutting-edge technology and industry-vetted operational practices. The city’s stormwater management program focuses heavily on preventing pollution at its source: people. It is easier and less expensive for each person to do their part by picking up after their pets, tossing trash into designated bins, and properly applying landscape maintenance chemicals than to capture and remove pollutants in larger concentrations from within the stormwater system. Nevertheless, the city plays an important role in protecting water quality and has a well-rounded strategy to remove pollutants outside and inside the stormwater system before they reach Biscayne Bay. Over the last seven years, the city has made great strides to improve water quality: • In science, such as the voluntary launch of a municipal water quality sampling program. 2 • In engineering, such as installing water quality treatment structures within the stormwater system that trap pollutants, including litter, sediment, and oils, through a four-step process at new stormwater pump stations. • In operations, such as increasing stormwater system maintenance from once every three years to once every year. • In education, such as the launch of the Plastic Free MB initiative. • In policy, such as the citywide bans on polystyrene and plastic straws; and, • In compliance, such as the creation of environmental inspection programs to reduce sanitary sewer overflows and construction run-off. Water quality is a key factor of waterway and ecological health. The city has pollution prevention programs beyond those required by the NPDES permit, such as a waterway cleanliness contract that removes litter from the Bay and its surrounding waterways. For example, a total of 84,825 lbs. of debris were removed from waterways during this report year. The city continues to improve its stormwater management program and exceed NPDES permit program expectations. Miami Beach Water Quality Sampling Program Protecting water quality is a continuous and team effort. As part of the NPDES permit requirements, the Miami-Dade County permit holders are required to regularly monitor the water quality in Biscayne Bay and its tributaries. In 1994, interlocal agreements between Miami-Dade County and its NPDES co-permittees provided funding and enabled DERM to collect samples on behalf of its co-permittees to meet the requirements of the NPDES permit. The samples are tested for physical (i.e., temperature), chemical (i.e., nutrients) and biological (i.e., enterococcus) parameters. The results are analyzed annually and provided in a surface water quality monitoring report to the NPDES co-permittees so they can evaluate the effectiveness of their stormwater management programs. Due to the geographical distribution of the county’s sampling stations, there is limited water quality information for the areas of Biscayne Bay surrounding the barrier islands, like Miami Beach. We cannot protect our beaches, our waterways, or our urban forest unless we understand how each habitat functions and we set measurable goals to improve their health. To fill this data gap, in 2016, the city voluntarily launched its own water quality sampling program to expand upon the county’s existing sampling network of nearly 90 stations countywide. The program added more than 60 stations to cover areas of Biscayne Bay closer to our shoreline and within our waterways for which data has historically not been collected. The stations are sampled in accordance with the county’s methodology so the data collected can be used toward the larger management of the bay. The data from this program generates a more robust snapshot of local water quality and allow city staff to make data-driven stormwater management decisions. The results inform where staff time, resources and funding will provide the greatest environmental benefit. City staff annually reviews data from our municipal water quality sampling program, as well as data collected and reported by Miami-Dade County’s Division of Environmental Resources Management (DERM) to determine where enhancements in pollution prevention are necessary. Certain enhancements can be implemented at the local level, such as increased cleaning frequency 3 of city pump stations to ensure their water quality treatment structures operate as designed. Other enhancements require regional collaboration, such as enacting countywide policies that reduce pollution into Biscayne Bay. It is important to note that the first five years of data were expected to serve as a baseline or control, providing an initial picture of the health of our waterways through which we can begin to understand natural patterns of fluctuation in local water quality, such as tidal or seasonal variations. The baseline serves as a control to which we can compare the data collected in future years. The longer we collect data, the larger our sample size and the more statistical confidence we will be able to have in the analysis of the results. Therefore, each year we will have a better understanding of the health of our waterways than the previous year. To ensure the integrity of the analysis and the program, staff retained an outside water quality expert, Dr. Charles Rowney, in February 2018 upon completion of the first full year of sampling. Dr. Rowney had over 35 years of experience in assessing, implementing, and interpreting water quality programs and was tasked with reviewing the city’s data, drawing initial conclusions about the health of our waterways, and identifying observable trends that will be monitored in subsequent years. He completed his review, released a report, and shared his findings with the Sustainability and Resiliency Committee (currently named Land Use and Sustainability Community), as well as a technical roundtable of representatives from the Florida Department of Environmental Protection, Miami-Dade County, the City of Miami and other regional community stakeholders on September 26, 2018. Based on his analysis of the Miami Beach water quality sampling program and the data collected during the monitoring period, there is no indication of gross or persistent sanitary system contamination into Biscayne Bay from Miami Beach. Furthermore, the samples taken through his review did not show a significant difference between the samples taken near the gravity outfalls the city has operated for over 100 years and the samples taken near the pumped outfalls. Therefore, there was no evidence that the City’s activities, including the installation of the pumps, have had a measurable change in the bay. Dr. Rowney also made recommendations for improving the sampling program design that allowed the city to fine-tune its sampling and stormwater management efforts. In February 27, 2019, following the recommendations provided by Dr. Rowney, city staff made six changes to the water quality monitoring program: • Enhancement 1 – Train in-house staff to execute and oversee sample collection. • Enhancement 2 – Remove all "outfall" sampling stations. • Enhancement 3 – Add stations in areas where data is not currently collected. • Enhancement 4 – Sampling for more parameters at existing and new stations. • Enhancement 5 – Sampling during rain events. • Enhancement 6 – Install constant monitoring probes in areas requiring in-depth investigation. These six enhancements were approved by the Sustainability and Resiliency Committee (currently named Land Use and Sustainability Community). Training will allow staff to respond more 4 quickly to water quality violations, improving enforcement, and it will allow greater oversight and control of monthly sample collections. Removing outfall and unnecessary sampling stations with redundant information will reduce monthly costs where funds can be used to finance other enhancements. For example, we reduced the total stations from 64 to 35 because the data showed that having an “outfall” versus an “ambient” station was redundant, and we could use these funds to add other improvements. Additional sampling stations will increase coverage, particularly in North Beach. New stations will sample in the stormwater system that has less influence from Biscayne Bay. Sampling for more parameters will allow us to identify early warning signs of ecosystem health regarding excess nutrient loading, such as Chlorophyll A. Also, it will provide a more holistic picture of bay health. Quarterly sampling during storm events in select locations will occur to account for seasonality. It is an NPDES permit requirement to estimate pollutant loading during rain events. Constant monitoring probes will help staff understand how the stormwater system functions over time. Data will be collected as frequently as every minute. However, we have not installed constant monitoring probes yet because our Environmental Specialist, who was purchasing probes from In- Situ, at the time resigned in June 2019. The new Environmental Specialist started in September 2019 and began to fill in the three-month gap left by the lapse in position fulfillment. This has caused us to delay the purchase of constant monitoring probes for several months. The city is still working on purchasing constant monitoring probes. As the Miami Beach water quality monitoring program nears the completion of its fourth year, it will continue to serve as a useful screening level program for early detection of major or potentially chronic water quality concerns that could impact Biscayne Bay so the City can address them swiftly. The city is constantly evaluating its stormwater management program and making improvements that further improve the quality of our stormwater discharges Methodology Sample Locations Miami-Dade County has been collecting water quality data for nearly 40 years throughout Biscayne Bay. The County’s sampling program collects forty-five (45) of its samples from freshwater canals and the remaining eighty-nine (89) samples come from estuarine stations within Biscayne Bay. The county collects water quality data from within the 9 Nutrient Regions as defined by the Florida Department of Environmental Protection (FDEP) established Water Body Identification (WIBIDs) in 1999. One of the county’s sampling locations includes five (5) stations (BBMB01, BBMB02, BBMB03, BBMB04 and BB14) part of the Southern North Bay (SNB) within the waters surrounding the City of Miami Beach (Figure 1). 5 Figure 1-SNB monitoring stations within Miami Beach The City of Miami Beach’s program is modeled after the Miami Dade County’s water quality sampling program, following their approach and methodology. The sample locations were selected to fill gaps in the County’s monitoring network. From its launch in 2016 through 2018, the city’s monitoring network grew to 64 stations (Figure 2). 6 Figure 2- City of Miami Beach water quality sampling program stations In 2019, after reviewing input from Dr. Rowney, the city’s water quality program was enhanced by removing duplicative sample points and adding sample locations within the stormwater sewer system, such as pump station wet wells and manholes upland from the outfalls. The current network collects data from 35 sample locations in Biscayne Bay and the waterways sur rounding the city (Figure 3A & 3B). The locations of the sample points where selected to reflect land uses in various zoning area including single family residential (SR1-4), multifamily residential (RM1- 3), commercial (CD1-3), government use (GU), and the Convention Center District (CCC), at stormwater outfalls and ambient locations approximately 50 feet from the corresponding outfall as well as within the wet well at pump stations. 7 Figure 3A- North Beach sampling stations 8 Figure 3B- South Beach sampling stations Sampling Methodology and Equipment used The city has used Miami-Dade County’s contract with PACE Analytical Services (PACE) to perform the sampling and laboratory testing portion of the program. Samples are collected once a month. Given the large sample size and distance between sample locations, the sampling event spans the course of two days each month. Consideration is given to ambient conditions. Before each sampling event weather patterns are studied for the coming weeks to determine rain patterns, wave conditions, wind conditions and tide conditions. While in the field PACE staff uses equipment in line with the DEP-SOP-001/01 FS 2100 Surface Water Sampling SOP. PACE staff performs sample recovery by lowering a high-density 9 polyethylene (HDPE) bottle attached to an extendable pole into the water, allowing the water to flow from the top 2 feet of the water into the sample container. Prior to the collection of the sample the container is triple rinsed. The source water is collected and transferred to pre-labeled bottles. Additionally, before the sample is taken a YSI 556 multimeter probe is lowered into the water to record field readings, including temperature, pH, specific conductance and dissolved oxygen. A portion of the source water is also collected into a glass quevet to record field turbidity with the use of a Hach 2100Q Turbidimeter. To access the sample points a boat is used and operated by city staff. When approaching the outfall, the boat is slowed down and placed in a neutral state. When obtaining samples in shallow areas the outboard motor on the boat is propped up to avoid sediment resuspension. Field Observation During sampling events staff records observations that are relevant to the future interpretation of the results, such as wind speed, wind direction, temperature, tide and current conditions. Observations are also made in relations to boat traffic and construction near outfall locations and anthropogenic influences. The sampling network includes outfalls, locations within the wet well at pump stations and manholes along the trunk lines upstream of outfalls. Observations are made in relation to the conditions surrounding the outfall. For example, during sampling events observations are made to determine if the outfall is fully submerged or above water, condition of water directly below the outfall. For the wet wells, the efficiency of the trash capturing structures is inspected to observe how much trash has been introduced into the system and how much of the trash has been captured for removal. Within the manholes along the trunk line, observations are made to determine if debris from designated land use may be entering the storm sewer system. Additional observations are made regarding boat traffic, recreational activities and construction near or at outfall locations that may interfere with the sampling events. Analysis The parameters of the water quality monitoring program established by the city were selected to mirror the NPDES recommended parameters that have been selected by Miami-Dade County for their water quality monitoring program with exceptions based on the unique conditions of the city (see Table 1). In addition, as with the Miami-Dade County water quality program for those nutrients with numeric interpretations of narrative criteria listed in 62-302.532 Florida Administrative Code (F.A.C.), the evaluation will follow the protocol as noted in that section of the F.A.C. 10 Table 1: List of NPDES recommended parameters, and other parameters samples for in the city’s water quality monitoring program. Parameters Dissolved Oxygen Enterococcus Total Kjeldahl Nitrogen Fecal Coliform pH Specific Conductance Salinity Nitrogen, Ammonia Nitrogen, NO2 Plus NO3 Turbidity Field Temperature The results of the samples tested for parameters mentioned in Table 1 are provided by PACE to the city within two weeks prior to the sampling event. City staff reviews the results to determine if any lab errors have been made. Once a year, city staff performs a comprehensive review of the results in conjunction with the results of the data in the previous year to identify potential trends and the success of the city’s stormwater management program improvements. Currently the only water bodies with designated numeric nutrient criteria (NNC) are estuarine and coastal waters and to evaluate the compliance of the appropriate estuarine regions with the listed nutrient criteria the calendar Annual Geometric Mean (AGM) values for each parameter in the SNB will be calculated. The AGM will be compared to its respective criterion to determine whether the criterion was exceeded (please refer to Table 2 for the respective criterion). Additionally, the data will be used to identify portions of the city’s Municipal Separate Storm Sewer System (MS4) which can be targeted for loading reduction and/or corrective action with additional pollutant reduction measures. Table 2: Numeric interpretation of the State of Florida’s narrative nutrient criteria expressed in mg/L or µg/L, as AGM (62-302.532 F.A.C.) per Estuarine Region. Estuary Total Phosphorus Total Nitrogen Chlorophyll-A Biscayne Bay Annual geometric means that shall not be exceeded more than once in a three -year period. Southern North Bay (SNB) 1.010 mg/L 0.29 mg/L 1.1 µg/L 11 Results A review of the Miami-Dade County Surface Water Quality Monitoring Report for 2018 revealed that the City had exceedances in Enterococci and Escherichia Coli (E.Coli) following their assessment of Biscayne Bay. Following the review of the report, a preliminary review was conducted to analyze the water quality data gathered for 2019. During the review of the 2019 water quality data, it was revealed that the city had exceedances in seven of the 35 sample locations each spread throughout the city’s 12 land use areas (see Table 3). In addition, the data analysis revealed that there were Total Nitrogen exceedances in five of the 35 sample locations. The data analysis revealed exceedances in Total Phosphorus above the numeric nutrient criteria (NNC) for the SNB but within the allowable limit under state standards. Table 3: City of Miami Beach Water Quality Sample Location Data Conclusion After reviewing the 2019 water quality data, it was apparent that the main area of concern for the city was total phosphorus. The city had exceedances for phosphorus in all sample locations above the NNC for SNB. The results of the 2019 water quality data revealed that the concentrations of total phosphorus was between 0.031mg/L and 0.04 mg/L, which is between 0.021 and 0.037 times greater than the NNC for SNB of 0.010 mg/L. Strom water runoff in urban watersheds has become a leading cause of nonpoint phosphorus pollution. When rain falls, the runoff washes pollutants off our streets, parking lots, construction sites, storage yards and lawns. Urban runoff carries a mixture of pollutants from our cars and trucks, outdoor storage piles, muddy construction sites and pesticide spills. Often efficient systems of ditches, gutters and storm sewers carry the polluted runoff to nearby water bodies, bypassing wastewater treatment systems. Land Use Sample Location Single Family Residential (RS-1, RS-2, RS-3, RS-4) 4,6,8,17,22,34,38,42,58,63,65,67,68,70,77,78 Residential Multifamily, Low Intensity (RM-1) 69,71 Residential Multifamily, Medium Intensity (RM-2) 19,76 Residential Multifamily, High Intensity (RM-3) 52,66,73,75 Commercial, Medium Intensity (CD-2) 54,72 Commercial, High Intensity (CD-3) 9 Commercial Performance Standard, Intense Phased Bayside (CPS-4) 46,47,49 Convention Center District (CCC) 10 Civic and Government Use (GU) 44,56,60,74 12 The city’s stormwater management system may be linked to heavy fertilizer use, desorbed pools of eroded soil, decomposing plant materials, such as leaves and grass clippings. Another source of phosphorus can come from land use changes. The construction of new buildings can create unfavorable conditions, particularly the impervious surfaces, which can aide in the transport of nutrient laden materials. The city takes every precaution to protect our waterways and makes a concerted effort to introduce preventative measures to protect water quality. The city has developed a multi-faceted stormwater management program to minimize stormwater pollution above and beyond our NPDES permit requirements. The first component of this multi-faceted program focuses on preventing pollutants from entering our stormwater systems through various approaches including public education, daily street sweeping and other good housekeeping practices. The second component of our stormwater management program focuses on trapping debris within the system and removing to from the stormwater via Vortex structures and other pollution control structures. Sediment and debris trapped in these structures can create a breeding ground for bacteria. The third component of the stormwater management program is preventing the growth of bacteria within the system. The city has introduced into its stormwater management program is regular cleaning and maintenance of the system to remove trapped pollutants. The city cleans the entire system at least once a year and cleans the Vortex structures on a quarterly basis to remove pollutants and reduce the potential for bacteria within the system. The fourth and final component of the city’s stormwater management program is the water quality monitoring of Biscayne Bay, which has historically been done monthly by Miami-Dade County on our behalf and reported annually to the Florida Department of Environmental Protection (FDEP). As previously mentioned, within this report the city has developed its own monthly sampling program to monitor the health of Biscayne Bay and the city’s waterways to mirror the county’s sampling program. Recommendations The city continues to the make enhancements to its water quality program and after receiving insight from an outside water quality expert, the city removed duplicative sample locations and introduced sample points within our pump stations. The next step will be for the city to analyze the data and compare the results of the water quality for samples collected from the outfall and samples collected from within the wet well at the pump station. Another recommendation for the program moving forward is to compare the results of samples collected in areas with pump stations versus areas using gravity. The results should be analyzed to make comparisons between land use areas to determine the effectiveness of the pump stations in those areas. The discovery of exceedances in phosphorus (TP) has caused the city to put into action a fertilizer ordinance to reduce the levels of TP. The ordinance was designed to implement the following requirements; • All commercial and institutional applicators of fertilizer (landscapers) within the City to abide by and successfully complete the six-hour training program in the 13 "Florida-friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida Extension "Florida-Friendly Landscapes" program, or an approved equivalent. All managers and employees must be certified. • A 10 ft. setback from waterways and storm drains where no fertilizer may be applied • No fertilizer applied during the rainy season (June-Sept) • Nitrogen content in fertilizer must be 50% 'slow release' • In no case shall grass clippings, vegetative material, and/or vegetative debris be washed, swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or sidewalks or roadways. Additional measure included in the ordinance included the consideration of banning the retail sale of fertilizers with either phosphorus or less than 50% ‘slow release’ nitrogen. During the ordinance process it was revealed that city would have issues with enforcement mechanisms for contractors performing landscaping services on private property. This concern has led the city to approve a resolution urging the County to introduce a fertilizer ordinance. The fertilizer ordinance would work to reduce the use of fertilizers and its runoff, which can be harmful to the health of waterways in Biscayne Bay. As the city continues to enhances its water quality program we will look to implement a water quality campaign to will include educational materials and trainings that will provide city staff and residence with information on steps that can be taken to prevent pollution from entering into Biscayne Bay. Additional steps will be taken to collaborate with other Counties and state agencies to share information on water quality protection programs. Miami Beach draws approximately 6 million overnight tourists on an annual basis and appeals to the 90,000 residents who choose to call the urban island home. Protecting our waterways is key to providing our visitors with the world-class experience they have come to expect from Miami Beach and protecting the high quality of life residents enjoy. While at this time no major issues have been identified, the City is consistently evaluating its stormwater management program to go above and beyond in protecting this regional resource. Memo To: Roy Coley, MBA / City of Miami Beach Nelson Perez-Jacome, PE / City of Miami Beach From: Agustin Maristany, PE / Ardurra Date: February 13, 2020 Re: Biscayne Bay Preliminary Nutrient Loadings Estimates Introduction Recent reports of sewage spills and seagrass losses in Biscayne Bay have raised awareness of the potential impact of nutrient loadings to the health of the Bay. To better understand the extent of the City of Miami Beach loading contributions to the Bay, the City retained Ardurra Group, Inc. (Ardurra) to estimate preliminary nutrient loadings into the northern portion of the Bay from various sources, with primary emphasis on the relative nutrient loadings between the City and other major sources. Loadings are considered preliminary to the extent that they were based on readily available information, some source data were not available, and there is room for refinement based on additional data. However, the relative loadings amongst the various sources are not expected to change substantially from the results shown herein. The northern portion of Biscayne Bay extends north of the Rickenbacker Causeway and has a surface area of approximately 17.9 square miles. Potential nutrient sources into the Bay include canal discharges, atmospheric deposition (wet and dry fall), coastal area discharges, coastal groundwater inflows, ocean outfalls, sewage spills, sediment resuspension/decomposition, nitrogen fixation, and tidal inflows. Of these potential sources, only canal discharges, atmospheric deposition, western coastal area discharges, and Miami Beach runoff were considered in the loading estimates because of insufficient data to cover the remaining sources. Excluded sources include coastal groundwater inflows, ocean outfall discharges, sewage spills, sediment resuspension/decomposition, nitrogen fixation, tidal inflows, and drainage from several coastal basins (Surfside, Bal Harbour, Bay Harbor Islands, Port Miami, Fisher Island, Virginia Key, and Indian Creek Island). This technical memorandum summarizes the results of the work performed herein and is organized into the following sections: • Introduction • Inflow Sources • Nutrient Data • Loading Estimates • Summary and Conclusions February 13, 2020 Page 2 Inflow Sources Data on inflow sources to the Bay were obtained from documents and databases, as follows: • Flow records o South Florida Water Management District’s (SFWMD) DBHYDRO database - daily average flows and rainfall at the Miami Airport (MIAMI.FS_R) for the period of record. • Watersheds, Control Structures, and Operations o Map of Active DBHYDRO Stage Sites, SFWMD o Structure Books, SFWMD Operations Control Center o An Atlas of Eastern Dade County Surface Water Management Basins, SFWMD o Miami-Dade County GIS • Miami Storm Event characteristics – “Analysis of Storm Event Characteristics for Selected Rainfall Gages Throughout the United States”, EPA, 1989 • Miami Beach Land Use Canal discharges into the western shores of the northern Bay contribute most of the inflow water into the northern Bay. Major canals discharging into the northern Bay include Snake Creek (C-9 East), Arch Creek, Biscayne Canal (C-8), Little River (C-7), and Miami River (C-6, C-5, and C-4). Figure 1 shows the basin areas discharging into the Bay and Table 1 provides a summary of canal flow data obtained from DBHYDRO. Review of Table 1 reveals occasional negative flows in all the basins which may be attributed to back flow through the control structure due to either storm surge overtopping the structure or high tides while the structured was partially open, although the nature of these occurrences was not investigated. A review of historic flow graphs at each station indicated that the occurrence of negative flows was very limited for all stations, except for G-58 which showed consistently negative values that could not be explained without a more in-depth investigation beyond the scope of this work. Therefore, the flow data for the G-58 station was not used in the calculations. Instead, flows for the Arch Creek Basin (G-58) were estimated as the product of its area and an average basin yield as discussed below. Table 1 shows basin yields, defined as the volume of runoff per unit area, expressed in inches per year over the watershed. Rainfall at the Miami airport, for example, averaged 63.2 inches per year for the period April 1996 through August 2019. By comparison, some basin yields are very high due to seepage inflows from the Water Conservation Areas into the western reaches of these basins as well as surface water transfers from the regional system, including maintaining minimum flows and levels during dry periods. These unique hydrologic conditions inflate the basin yield and are not representative of basin yields for basins not affected by these hydrologic conditions. In order to estimate average flows for coastal basins and Arch Creek, as shown in Figure 1, basin yields were calculated for a couple of neighboring basins that are not significantly affected by these hydrologic conditions. DBHYDRO records were downloaded for the Coral Gables and Cutler Drain canal basins as shown in Table 2. February 13, 2020 Page 3 Figure 1 – North Biscayne Bay Drainage Basins, Canals, and Control Structures Table 1 – Summary of Canal Flows (DBHYDRO) Canal Period of Record Area1 (mi2) Daily Average Flow (cfs) Yield in/yr Name Number Structure Start End Count Max Min Ave Snake Creek C-9 S-29 5/31/85 8/6/19 98 12,196 2,778 -1,390 290 40.0 Arch Creek G-58 9/5/87 7/31/19 7 10,350 118 -257 -32 Biscayne C-8 S-28 5/31/85 8/6/19 29 11,792 1,750 -131 108 51.5 Little River C-7 S-27 5/31/85 8/6/19 32 12,032 1,645 -1,426 167 70.8 Miami River C-6 S-26 5/31/85 8/21/19 54 12,536 1,960 1,212 213 53.6 Tamiami C-42 S-25B 5/31/85 8/6/19 84 12,473 1,817 -386 215 34.7 Comfort C-52 S-25 5/31/85 8/6/19 2 12,392 160 -29 9 62.4 1 Basin area to control structure only 2 C-4 and C-5 canals drain into the C-6 canal prior to discharging into Biscayne Bay February 13, 2020 Page 4 Table 2 – Basin Yields for Coastal Basins (DBHYDRO) Canal Period of Record Area1 (mi2) Daily Average Flow (cfs) Yield in/yr Name Number Structure Start End Count Max Min Ave Coral Gables C-3 S-93 9/30/91 8/7/19 11 10,106 430 -323 12.2 15.1 Cutler Drain C-100 S-123 8/31/85 8/21/19 41 11,845 5,710 -2,773 39.3 13.0 1 Basin area to control structure only From Table 2, the area weighted average basin yield of 13.4 in/yr was calculated as representative of coastal basins and applied to the coastal basin areas as well as Arch Creek to estimate average flows into the Bay. Discharges from Miami Beach were estimated using the rational method as the product of the runoff coefficient (0.49), the average rainfall storm volume (0.71 inches less 0.1 inches to account for non-runoff producing storms), and the average number of storms per year (72.4 storms/year), as follows: Miami Beach Runoff (in/yr) = 0.49 * (0.71-.1) * 72.4 = 21.6 in/yr The runoff coefficient was estimated as the product of the fraction of land use and its respective runoff coefficient, as follows: Runoff coefficient = (0.64 * 0.4)R + (0.275 * 0.8)C + (0.085 * 0.15)G = 0.49 where: R = residential; C = commercial; G = golf course Table 3 summarizes the inflows and drainage areas for each of the sources considered. Additionally, several inflow sources were consolidated for easy of reporting, as follows: • Biscayne Canal was combined with its coastal area and Arch Creek • Little River was combined with its coastal area • Miami River was combined with its coastal area, as well as the Tamiami and Comfort canals which flow into the C-6 Canal before discharging into the Bay Review of Table 3 indicates that the bulk of inflow volumes are delivered to the Bay’s western shores through various canals with a combined drainage area of 326.2 square miles, accounting for 91.7 percent of all inflows into the Bay. Figure 1 depicts the combined basin outline discharging into the Bay. Miami Beach represents 1.8% of the drainage area of the northern portion of the Bay, contributing 0.9% of the inflows. February 13, 2020 Page 5 Table 3 – Summary of Inflow Sources Inflow Source Individual Consolidated Name Canal Structure Area (mi2) Flow cfs Yield (in/yr) Area Flow (mi2) % cfs % Snake Creek C-9 S-29 98.4 290.1 40.0 98.4 28.1 290.1 25.9 Arch Creek Arch Creek G-58 7.3 7.2 13.4 38.0 10.8 117.7 10.5 Biscayne C-8 S-28 28.5 108.3 51.5 Biscayne C-8 Coastal Basin 2.2 2.2 13.4 Little River C-7 S-27 32.0 167.0 70.8 36.9 10.5 171.9 15.3 Little River C-7 Coastal Basin 5.0 4.9 13.4 Miami River C-6 S-26 53.9 212.8 53.6 152.8 43.6 449.1 40.0 Miami River C-6 Coastal Basin 12.8 12.6 13.4 Tamiami C-4 S-25B 84.3 215.2 34.7 Comfort C-5 S-25 1.9 8.5 62.4 Miami Beach Miami Beach 6.4 10.2 21.6 6.4 1.8 10.2 0.9 Rainfall Biscayne Bay 17.9 83.1 63.2 17.9 5.1 83.1 7.4 Total 350.5 1,122.1 350.5 1,122.1 Nutrient Data Nutrient data were obtained from various documents and databases, as follows: • Canal Water Quality Data o South Florida Water Management District’s (SFWMD) DBHYDRO database • Miami Beach Water Quality Data o Monthly Water Quality Data - collected at 64 sampling stations throughout the coastal waters adjacent to Miami Beach for the period 8/16/16 to 5/20/19 o Pump Station 32 Water Quality Sampling – 36 grab samples at the 6th Street Outfall for the period 10/31/18 to 11/15/18. Samples were obtained downstream of the vortex structure, at the wet well, and at the outfall when the pump station was on and off. • Bulk deposition of phosphorus and nitrogen o Atmospheric Deposition of Phosphorus: Concepts, Constraints and Published Deposition Rates for Ecosystem Management, by Garth W. Redfield, 2/2002, South Florida Water Management District, EMA # 403, West Palm Beach, FL. o Quantifying Atmospheric Deposition of Phosphorus: A Conceptual Model and Literature Review for Environmental Management, by Garth W. Redfield, 3/1998, South Florida Water Management District, Technical Publication WRE #360, West Palm Beach, FL. o Outlier Detection in Phosphorus Dry Deposition Rates Measured in south Florida, by Hosung Ahn and R. Thomas James, Feb 1991, Atmospheric Environment 33 (1999) 5123-5131 February 13, 2020 Page 6 Canal water quality data were available through DBHYDRO for numerous stations in Biscayne Bay. Data for stations closer to the point of discharge of each of the canals were selected and downloaded for further analysis. Subsequently, the nutrient data was paired with flow data from each of the canals to calculate flow-weighted concentrations for Total Nitrogen and Total Phosphorus. Generally, flow-weighted concentrations were higher than the simple averages, with nitrogen values experiencing a more pronounced increase compared to phosphorus. Table 5 summarizes the flow-weighted concentrations at each of the stations. Bold values were used as the basis for calculating nutrient loads. Table 5 – Summary of Canal Nutrient Data Canal Period of Record Total Phosphorus (mg/l Total Nitrogen (mg/l) Name Station Start End Count Ave Count Ave Snake Creek SK01 7/11/88 9/8/14 155 0.017 27 1.11 SK02 7/11/88 9/8/14 180 0.011 54 1.31 SK03 7/8/91 9/8/14 146 0.007 52 1.04 Biscayne BS01 3/19/79 9/8/14 219 0.016 28 0.55 BS04 7/11/88 9/8/14 187 0.019 55 1.08 BS10 7/8/91 9/8/14 152 0.016 50 1.47 Little River LR01 3/19/79 9/8/14 216 0.013 28 0.53 LR03 7/11/88 3/3/03 133 0.026 Insufficient Data LR06 7/9/90 3/3/03 117 0.029 26 1.41 LR10 7/8/91 9/8/14 151 0.012 50 2.17 Miami River MR02 4/11/84 3/4/03 170 0.021 Insufficient Data MR07 4/11/84 9/9/14 230 0.016 5 1.15 MR08 2/1/88 9/9/14 193 0.010 54 1.45 MR15 7/9/91 9/9/14 140 0.007 47 1.18 Tamiami TM03 7/12/88 3/4/03 135 0.011 25 1.09 TM08 7/9/91 3/4/03 94 0.005 23 1.13 Comfort CM02 10/6/09 9/9/14 55 0.033 25 0.53 For coastal basins, an average of the bold phosphorus and nitrogen concentrations were used for the loading calculations: 0.022 mg/l for total phosphorus and 1.33 mg/l for total nitrogen. Figure 2 shows the location and distribution of monthly water quality sampling stations monitored by Miami Beach. Locations included the Collins Canal, Indian Creek, Middle/North, South Beach, and Venetian Islands. Sixty-four (64) grab samples were obtained from adjacent coastal waters for the period 8/16/16 to 5/20/19. Thirty-two (32) of the 64 stations were located near existing outfalls (labeled “outfall”), while the remaining were obtained at representative locations throughout Miami Beach coastal waters (labeled “coastal”). Table 5 provides a summary of Total Phosphorus and Total Nitrogen data from all the monthly grab sample data collected. Total Nitrogen was calculated by adding the organic nitrogen parameter (Total Kjeldahl Nitrogen) to the inorganic parameter (Nitrate plus Nitrite Nitrogen). February 13, 2020 Page 7 Figure 2 – Miami Beach Water Quality Sampling Stations February 13, 2020 Page 8 Table 5 – Summary of Miami Beach Nutrient Data in Adjacent Coastal Waters Location Count Total Phosphorus (mg/l) Total Nitrogen (mg/l) Ave Max Min Ave Max Min All 64 0.038 0.103 0.030 0.474 0.828 0.347 Outfall 32 0.040 0.103 0.032 0.499 0.828 0.373 Coastal 32 0.036 0.081 0.030 0.448 0.603 0.347 In addition to the monthly samplings, the City conducted more detailed sampling at Pump Station 32 located at the 6th Street outfall. Sampling was conducted at multiple locations (as shown on Table 6) on the following dates and times: • Daily grab samples on 10/31/18, 11/1/18, 11/2/18, and 11/5/18 • Four (4) grab samples on 11/6/18 between 11:05 am and 12:57 pm - • Four (4) grab samples on 11/7/18 between 9:30 am and 1:40 pm • Two (2) grab samples on 11/8/18 at 9:35 am and 10:00 am • Two (2) grab samples on 11/9/18 at 11:11 am and 1:57 PM • Daily grab samples on 11/14/18 and 11/15/18 Table 6 provides a summary of Total Phosphorus and Total Nitrogen data from all data collected at Pump Station 32. Total Nitrogen was calculated by adding the organic nitrogen parameter (Total Kjeldahl Nitrogen) to the inorganic parameter (Nitrate plus Nitrite Nitrogen). Table 6 – Summary of Miami Beach Nutrient Data at Pump Station 32 Location Count Total Phosphorus (mg/l) Total Nitrogen (mg/l) Ave Max Min Ave Max Min All 36 0.054 0.120 0.036 0.697 1.250 0.275 Vortex 4 0.057 0.062 0.051 0.920 1.225 0.665 Wet Well 14 0.055 0.065 0.038 0.788 1.228 0.275 Pump On 14 0.055 0.120 0.036 0.574 0.860 0.275 Pump Off 4 0.043 0.050 0.038 0.589 0.896 0.355 After review of Table 5 & 6, the phosphorus and nitrogen concentrations used to calculate loadings from Miami Beach are highlighted in bold on Table 6. Generally, the higher values in Table 6 were used and, within Table 6, the higher value between the “wet well” and “pump on” were selected for the load calculations. For atmospheric deposition, bulk deposition values (wet and dry fall combined) were obtained from several studies in Florida as previously identified. Phosphorus bulk deposition averaged 56.1 mg/m2/yr, ranging from 35 to 93.3 mg/m2/yr. Similarly, nitrogen bulk deposition values averaged 839.7 mg/m2/yr, ranging from 750 to 910 mg/m2/yr. February 13, 2020 Page 9 Loadings Estimates Nutrient loadings were estimated as the product of average inflows and average concentrations of total phosphorus and total nitrogen. The exception was atmospheric deposition which was calculated as the product of the area of the northern portion of the Bay and the average literature values of bulk atmospheric deposition for phosphorus and nitrogen. Table 7 provides the basis for the area, flow, and load calculations. Table 8 provides a summary of area, flow, and loads by consolidated major sources. Table 7 – Basis of Nutrient Loadings by Sources Inflow Source Area (mi2) Yield (in/yr) Flow cfs Phosphorus Nitrogen Name Canal Structure Conc. (mg/l) Load lbs/d Conc. (mg/l) Load lbs/d Snake Creek C-9 S-29 98.4 40.0 290.1 0.017 26.81 1.31 2,053 Arch Creek Arch Creek G-58 7.3 13.4 7.2 0.022 0.84 1.33 52 Biscayne C-8 S-28 28.5 51.5 108.3 0.019 11.14 1.47 859 Biscayne C-8 Coastal Basin 2.2 13.4 2.2 0.022 0.26 1.33 16 Little River C-7 S-27 32.0 70.8 167.0 0.029 25.87 2.17 1,952 Little River C-7 Coastal Basin 5.0 13.4 4.9 0.022 0.58 1.33 35 Miami River C-6 S-26 53.9 53.6 212.8 0.021 24.54 1.45 1,668 Miami River C-6 Coastal Basin 12.8 13.4 12.6 0.022 1.48 1.33 91 Tamiami C-4 S-25B 84.3 34.7 215.2 0.011 12.38 1.13 1,308 Comfort C-5 S-25 1.9 62.4 8.5 0.033 1.53 0.53 21 Miami Beach Miami Beach 6.4 21.6 10.2 0.055 3.03 0.79 43 Atmospheric Biscayne Bay 17.9 63.2 83.1 15.7 235.1 Total 350.5 1,122.1 124.2 8,333.6 Table 8 –Summary of Nutrients Loads by Consolidated Sources Inflow Sources Area Flow Phosphorus Load Nitrogen Load Name Canal (mi2) Percent cfs Percent lbs/d Percent lbs/d Percent Snake Creek C-9 98.4 28.1% 290.1 25.9% 26.8 21.6% 2053.1 24.6% Biscayne C-8 38.0 10.8% 117.7 10.5% 12.2 9.9% 927.0 11.1% Little River C-7 36.9 10.5% 171.9 15.3% 26.4 21.3% 1987.6 23.8% Miami River C-6 152.8 43.6% 449.1 40.0% 39.9 32.2% 3091.7 37.1% Miami Beach 6.4 1.8% 10.2 0.9% 3.0 2.4% 43.2 0.5% Atmospheric 17.9 5.1% 83.1 7.4% 15.7 12.7% 235.1 2.8% Total 350.5 1,122.1 124.2 8,333.6 Figure 3 shows pie charts with the relative contribution of each sources to area, flow, phosphorus, and nitrogen loadings. Figures 4 through 7 provide aerial views of North Biscayne Bay contributing areas, inflow distribution, phosphorus, and nitrogen loadings, respectively. February 13, 2020 Page 10 Figure 3 – Relative Source Areas, Flows, and Loadings to North Biscayne Bay February 13, 2020 Page 11 Figure 4 – North Biscayne Bay Contributing Areas Figure 5 – North Biscayne Bay Inflow Distribution February 13, 2020 Page 12 Figure 6 – North Biscayne Bay Phosphorus Loading Figure 6 – North Biscayne Bay Nitrogen Loading February 13, 2020 Page 13 Summary and Conclusions The City of Miami Beach retained Ardurra to prepare preliminary estimates of nutrient loadings into North Biscayne Bay, with primary emphasis on establishing the relative nutrient loadings between the City and other major sources. Loadings are considered preliminary to the extent that they were based on readily available information, some source data were not available, and there is room for refinement based on additional data. However, the relative loadings amongst the various sources are not expected to change substantially from the results shown herein. The northern portion of Biscayne Bay extends north of the Rickenbacker Causeway and has a surface area of approximately 17.9 square miles. Potential nutrient sources into the Bay include canal discharges, atmospheric deposition (wet and dry fall), coastal area discharges, coastal groundwater inflows, ocean outfalls, sewage spills, sediment resuspension/decomposition, nitrogen fixation, and tidal inflows. Of these potential sources, only canal discharges, atmospheric deposition, western coastal area discharges, and Miami Beach runoff were considered in the loading estimates because of insufficient data to cover the remaining sources. Excluded sources include coastal groundwater inflows, ocean outfall discharges, sewage spills, sediment resuspension/decomposition, nitrogen fixation, tidal inflows, and drainage from several small coastal basins (Surfside, Bal Harbour, Bay Harbor Islands, Port Miami, Fisher Island, Virginia Key, and Indian Creek Island). Most of the calculations were based on actual data for drainage areas, flows, and water quality. Exceptions include (1) runoff from smaller western coastal areas which were based on average runoff yields for watersheds with similar hydrologic characteristics, (2) runoff estimates for Miami Beach which were based on standard methods to calculate runoff from developed areas, and (3) bulk atmospheric deposition rates which were based on literature data from studies conducted in south Florida. Further, the water quality data associated with canal flows were based on grab samples collected downstream of the salinity control structures, and therefore, the nutrient concentration may be somewhat diluted by Bay waters. To compensate, canal water quality data was flow-weighted to provide greater weight to data collected during flow events. To provide a higher level of confidence to the calculations, the relative contribution of the various nutrient sources into the Bay was expressed in terms of contributing drainage area, inflows, and nutrient loads. The highest level of confidence is associated with the contributing areas, followed by inflows, and last, loadings estimates. Results indicate that the City of Miami Beach is a very minor contributor to the Bay as summarized in Table 9. Its drainage area represents 1.8% of the total contributing area to the north Bay. February 13, 2020 Page 14 Table 9 – Miami Beach Contribution to Biscayne Bay Miami Beach Contribution to North Biscayne Bay Parameter Percent of Total Contributing Area 1.8% Inflow 0.9% Phosphorus Loading 2.4% Nitrogen Loading 0.5% In terms of inflows, Miami Beach contributes 0.9% of all the inflows into the north Bay compared to 91.7% contributed by canal discharges. This lower percentage relative to its drainage area is explained by the fact that the runoff from the major canals draining the western portions of the County contribute not only the runoff generated by local rainfall, but also convey additional large volumes of water from surface water transfers from the regional system. Finally, Miami Beach’s contribution of phosphorus and nitrogen loads amounts to 2.4% and 0.5%, respectively, of the total loadings into the north Bay, compared to 84.9% and 96.7%, respectively, by runoff from canal discharges. The relative contribution of Miami Beach may be reduced somewhat with the addition of multiple additional potential sources that were not included in the calculations due to lack of data. An interesting observation is that bulk atmospheric deposition (wet and dry fall) is significantly higher than the contributions from Miami Beach. It has been well documented in the literature that dust from the Saharan desert significantly impacts south Florida, especially during the summer, carrying phosphorus, nitrogen, and minerals.