2015-24 Supporting Town of Surfside Resolution Excavated Sand RESOLUTION NO. 2015-24
A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA,
SUPPORTING THE TOWN OF SURFSIDE'S RESOLUTION URGING
THE STATE OF FLORIDA LEGISLATURE AND THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") TO
ESTABLISH CHEMICAL TESTING STANDARDS PRIOR TO ISSUING A
COASTAL CONSTRUCTION CONTROL LINE ("CCCL") PERMIT
WHICH AUTHORIZES THE TRANSFER AND PLACEMENT OF
EXCAVATED SAND SEAWARD OF THE COASTAL CONSTRUCTION
CONTROL LINE ONTO A PUBLIC BEACH; PROVIDING DIRECTION
TO THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the beaches throughout Miami-Dade County and the State of
Florida are vital to the quality of life for residents and tourists alike; and
WHEREAS, it is important to preserve the quality of sand that is placed on the
public beaches that provide a source of recreation and relaxation for both adults and
children; and
WHEREAS, the Town of Surfside adopted Resolution No. 15-2282, attached
hereto as Exhibit "A", and has requested other municipalities to support that Resolution;
and
WHEREAS, the City Commission supports the Town of Surfside Resolution,
which requests a change in FDEP regulations regarding chemical testing of sand
transfer onto the beach as part of a CCCL permit or similar permits issued by FDEP, for
placement of sand on a public beach, and urges the Florida Legislature and FDEP to
amend the appropriate sections of the Florida Statutes and rules and regulations of
FDEP, to require chemical testing of all sand placed east of the CCCL;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals. The above stated recitals are hereby adopted and
confirmed.
City of Aventura Resolution No. 2015-24
Page 2
Section 2. Support by the City Commission for the Town of Surfside
Resolution. The City Commission supports Town of Surfside Resolution No. 15-2282,
which urges and recommends that the FDEP require minimum chemical testing
standards to be established by the State of Florida, with the recommended baseline
analytical profile as outlined in Surfside Resolution No. 15-2282.
Section 3. Direction to the City Clerk. The City Clerk is hereby directed to
transmit a copy of this Resolution to the Governor of the State of Florida, the Secretary
of the Florida Department of Environmental Protection, Members of the Miami-Dade
County Delegation of State of Florida Legislators, the Mayor and County
Commissioners of Miami-Dade County, the Florida League of Cities, the Miami-Dade
County League of Cities, the Miami-Dade County Department of Regulatory and
Economic Resources ("DERM"), and municipalities in Miami-Dade County.
Section 4. Effective Date. This Resolution shall become effective
immediately upon its adoption.
The foregoing Resolution was offered by Commissioner Shelley, who moved its
adoption. The motion was seconded by Vice Mayor Holzberg, and upon being put to a
vote, the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Teri Holzberg Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2015A-
Page 3
PASSED AND ADOPTED THIS 7th day of April, 2015.
ENID WEISMAN, MAYOR
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ATTEST:
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ELLISA L. HORVAtigir C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
RESOLUTION NO. 15-.2
A RESOLUTION OF THE TOWN OF SURFSIDE URGING
THE STATE OF FLORIDA LEGISLATURE AND THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION ("FDEP") TO ESTABLISH CHEMICAL
TESTING STANDARDS PRIOR TO ISSUING A COASTAL
CONSTRUCTION CONTROL LINE PERMIT ("CCCL")
WHICH AUTHORIZES THE TRANSFER AND
PLACEMENT OF EXCAVATED SAND SEAWARD OF THE
CCCL ONTO A PUBLIC BEACH; RECOMMENDING
ADDITIONAL CHEMICAL TESTING STANDARDS;
ENCOURAGING SUPPORT FROM PUBLIC OFFICIALS
AND UNITS OF GOVERNMENT TO SUPPORT THIS
INITIATIVE; PROVIDING DIRECTION TO THE TOWN
CLERK; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the Florida Department of Environmental Protection (FDEP) issues permits
which authorize excavation and placement of sand seaward of the Coastal Construction Control
Line(CCCL), pursuant to 161.053, Florida Staluies; and
WHEREAS, FDEP Permit No. DA-631-S undertook the excavation and completed
transfer of sand onto the Town of Surfside beach from 96`h Street to 88th Street prior to May 1,
2014; and
WHEREAS, community concerns were raised regarding the chemicals of concern
contained in the transferred sand due to a portion of the sand being excavated beneath a site which
was constructed over 75 years ago and continuously operated; and
WHEREAS,in compliance with FDEP rules,the sand was transferred and placed onto the
beach in accordance with FDEP Permit No. DA-631-S without chemical analysis being performed
on the sand transferred and placed on the beach; and
WHEREAS, FDEP guidelines state that sandy material excavated seaward of the CCCL
or 50-foot setback shall be maintained on site seaward of the CCCL or 50-foot setback and shall
be placed in the immediate area of construction unless otherwise specifically authorized by the
Department, as provided by Rule 62B-33.005(6), F.A.C.;and
WHEREAS, FDEP defines beach quality sand as sand which is similar to the native beach
sand in both coloration and grain size and is free of construction debris,rocks,clay or other foreign
matter, pursuant to Rule 62B-33.002(8), F.A.C.; and
WHEREAS, FDEP is currently amending Rule 62B-33, F.A.C., Rules and Procedures for
Coastal Construction and Excavation and is proposing the creation of a CCCL Applicant's
Handbook; and
Page I of 5
WHEREAS,the Town of Surfside participated in the FDEP Second Rule Workshop on
February 12, 2015 to discuss the proposed amendments to Rule 62B-33, F.A.C. and creation of
the CCCL Applicant's Handbook; and
WHEREAS, the cost of testing the excavated material is an inexpensive and minor cost
consideration in conjunction with the overall cost of a development project east of the CCCL;
and
WHEREAS, the Town Commission of the Town of Surfside created a Sand Project
Community Monitoring Committee ("Community Monitoring Committee") in response to
community concerns with activity associated with the activities conducted consistent with FDEP
Permit No. DA-631; and
WHEREAS, a priority of the Town is to ensure the health, safety and welfare of the
public while also seeking opportunities to preserve its beach to mitigate the impacts associated
with climate change as well as to sustain this valuable resource as an economic development
asset; and
WHEREAS, a priority of the Community Monitoring Committee was to address the
chemical analysis of the sand to ensure the health, safety and welfare of the public; and
WHEREAS, the Town Commission, upon receiving concerns about the chemical
composition of the transferred sand, immediately authorized retaining the services of an expert
toxicologist (Dr. Christopher Teaf, President of Hazardous Substance and Waste Management
Research, Inc. "HSWMR" and Member of the Faculty of Florida State University) to provide
analysis of chemical testing results and to address health risks concerns raised by the residents of
the Town of Surfside; and
WHEREAS, in addressing a priority of the Community Monitoring Committee, Dr. Teaf
assisted the Committee in developing a recommended list of analytical categories that are not
currently required under Rule 62B-33, F.A.C, with appropriate supplementary tests to be
identified and implemented based upon the sand source site historical information:
• "RCRA 8" metals with extraction by USEPA Method 3050
and analysis by USEPA Method 6010 or 200.7 (i.e.,
arsenic, barium, cadmium, chromium, lead, mercury,
selenium, silver). Data to be expressed in mg/kg.
• Total Recoverable Petroleum Hydrocarbons (TRPH) by
Florida Department of Environmental Protection (FDEP)
FL-PRO method. Data to be expressed in mg/kg.
• Chlorinated hydrocarbon pesticides by USEPA Method
8081, specifically aldrin, chlordane, dieldrin, endrin,
heptachlor, and the DDT/DDD/DDE group. Data to be
expressed in mg/kg.
Page 2 of 5
• Polychlorinated biphenyls (PCBs)by USEPA Method 8082
(i.e., Aroclors 1016, 1221, 1232, 1242, 1248, 1254, and
1260). Data to be expressed in mg/kg.
• As an alternative approach, USEPA Method 8270 may be
used to capture the analysis listed in both the third and
fourth categories, though that method is capable of
identifying a much larger universe of substances that the
individual methods cited.
• If there is site-specific knowledge which suggests that
assessment of the leaching potential for a particular sand
source is warranted, the appropriate test method will be the
Synthetic Precipitation Leaching Procedure(SPLP; USEPA
Method 1312).
• Specific protocols and sample numbers should be
developed on a site-specific basis, based upon discussions
between Florida DEP and the entity that is proposing the
beach renourishment. Chemical testing results shall be
consistent with naturally occurring background levels.
WHEREAS, pursuant to the September 11, 2014 Final Report, the Community
Monitoring Committee recommended to and accepted by the Town Commission that the Town
support and move forward an Urging Resolution requesting a change in FDEP regulations
regarding chemical testing of sand transfer onto the beach as part of a CCCL permit or similar
permits issued by FDEP for placement of sand on a public beach urging the Florida Legislature
and FDEP to amend the appropriate sections of the Florida Statues and rules and regulations of
FDEP to require chemical testing of all sand placed east of the CCCL; and
WHEREAS, the Town of Surfside urges Members of the Miami-Dade County
Delegation of State of Florida Legislators, the Board of County Commissioners of Miami-Dade
County, Miami-Dade County Department of Regulatory and Economic Resources ("DERM"),
all municipalities in Miami-Dade County, the Miami-Dade County League of Cities, the Florida
League of Cities, and all other coastal municipalities and counties of Florida to support this
resolution; and
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF
THE TOWN OF SURFSIDE,FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above stated recitals are hereby adopted,
confirmed,and incorporated herein.
Section 2. Support by the Town of Surfside Town Commission for Recommended
Baseline Analytical Profile. The Town Commission strongly urges and recommends the FDEP
require that minimum chemical testing standards are established by the State of Florida:
Page 3 of 5
• "RCRA 8" metals with extraction by USEPA Method 3050
and analysis by USEPA Method 6010 or 200.7 (i.e.,
arsenic, barium, cadmium, chromium, lead, mercury,
selenium, silver). Data to be expressed in mg/kg.
• Total Recoverable Petroleum Hydrocarbons (TRPH) by
Florida Department of Environmental Protection (FDEP)
FL-PRO method. Data to be expressed in mg/kg.
• Chlorinated hydrocarbon pesticides by USEPA Method
8081, specifically aldrin, chlordane, dieldrin, endrin,
heptachlor, and the DDT/DDD/DDE group. Data to be
expressed in mg/kg.
• Polychlorinated biphenyls (PCBs)by USEPA Method 8082
(i.e., Aroclors 1016, 1221, 1232, 1242, 1248, 1254, and
1260). Data to be expressed in mg/kg.
• As an alternative approach, USEPA Method 8270 may be
used to capture the analysis listed in both the third and
fourth categories, though that method is capable of
identifying a much larger universe of substances that the
individual methods cited.
• If there is site-specific knowledge which suggests that
assessment of the leaching potential for a particular sand
source is warranted, the appropriate test method will be the
Synthetic Precipitation Leaching Procedure(SPLP; USEPA
Method 1312).
• Specific protocols and sample numbers should be
developed on a site-specific basis, based upon discussions
between Florida DEP and the entity that is proposing the
beach renourishment. Chemical testing results shall be
consistent with naturally occurring background levels.
Section 3. Direction to Town Clerk. The Town Clerk is hereby directed to transmit a
copy of this Urging Resolution to: the Governor of the State of Florida, the Secretary of the
Florida Department of Environmental Protection, Members of the Miami-Dade County
Delegation of State of Florida Legislators, the Board of County Commissioners of Miami-Dade
County, Miami-Dade County Department of Regulatory and Economic Resources ("DERM"),
all municipalities in Miami-Dade County, the Miami-Dade County League of Cities, and the
Florida League of Cities.
Section 4. Implementation. The Town Manager is hereby authorized to take any and all
action necessary to implement this Resolution.
Section 5. Effective Date. This Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED this )p/�' day of f.
,2015.
Page 4 of 5
Motion by L z,,m ,csA o,,- ggext/ ;,1
Second by C-,misSiln e.r 6/(y 14 .
FINAL VOTE ON ADOPTION:
Commissioner Barry Cohen
Commissioner Michael Karukin
Commissioner Marta Olchyk
Vice Mayor Eli Tourgeman
Mayor Daniel Dietch
Daniel Dietch. Mayor
ATTEST.
Sandra Noy 1 11.01 wn Clerk
APPROVE I AS TO FORM AND
LEGAL SUFFICIENCY FOR
TIIE TOWN OF SURFSIDE ONLY:
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Linda Miller,Town Attorney
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