Title: 1996-97 Environmental Quality Policy Statement
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00004867/00001
 Material Information
Title: 1996-97 Environmental Quality Policy Statement
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Jake Varn Collection - 1996-97 Environmental Quality Policy Statement (JDV Box 39)
General Note: Box 29, Folder 5 ( Water Supply Issues Group (File 3 of 3) - 1996 ), Item 32
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004867
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text


The Florida League

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1996-97 Environmental Quality

Policy Statement

of Cities will support legislation that promotes the clean-up,

ise of environmentally contaminated vacant and abandoned sites to

mies and discourage urban sprawl. The Florida Leagu of Citi.a

on that malcco eitioa and eounttie, whieh ar: rmsponoible fcr

rida'3 citizens, full partnero in the dovclopment and implomentation

oI mny pehey ior watcr rz33urmc management, tnaluding substantial roprzoontatwin on

w.atr managm-nt ditri:.,t and wat.r supply authr .. ity gvc ming board^ Comment: See

"Brownfield" materials.

Water Quality Management and Planning

500 Proper management of the state's water supply and quality is an extremely

important issue to Florida's municipalities. Since the state's water resources are

interconnected and mutually owned, all stakeholders should share responsibility

for their proper management. The League supports responsible land and water

use, conservation and planning based on appropriate data and analysis, and

supports the development of alternative water supplies.

The Florida League of Cities will support legislation that:

500.1 Provides economic and regulatory incentives to promote economically and

technically feasible water supply alternatives such as conservation, reuse,

desalination, and the use of surface waters. Resn..o. and allocate, water supplies,

Coment:Redunnt with lotal oomproheronivc pies, f. r existing and futur ppulatena

whon these supplis havo boon properly roviowed, inventoried, and planned.

Comment: Redundant with other policies.

500.2 Establishes an additional revenue generating mechanism for funding water supply

development. EnCourages water on.or.ati. n and pr.vido. for sound watr

quality .tandd for the var.ou ..waer usem, baed on e mpir.ical data. Comment:

A reasonable approach to solving Florida's water supply problems is through

adequately funding water supply development.

500.3 Provides that the transfer of water should be the option of last resort once

contemplateted oly whn all other environmentally sound, financially and

technically feasible options have been exhausted, including water conservation,

water reuse, and intra-district alternative water supplies. Furthermore. that Ne

such transfer should occur with without the concurrence of the impacted


500.4 Provides that municipalities have primary responsibility for determining

appropriate water supply alternatives or options for facilitating water supply

development. Requires that full .on t analyi^ h.uld bt usod focr d.tarmining the

feasibility of altomativ' water saupplis. Comment: Suggested policy more


500.5 Provides that when transferring water from one jurisdiction to another, fees shall

be based on full cost recovery. An optional surcharge may be levied to further

develop alternative water supplies, in addition to any existing surcharges currently

authorized by statute.

500.6 Eneourages intra county coordination of water roccuro: menagomcnt. and

re.ogI z ea.h muni.ipa-lity' water, n.eodo and priorities. Comment: Suggested

policy 500.4 is more encompassing.

500.6 500-7 Provides that appropriate, environmentally sound alternatives should be

made available for the disposal of by-products from reverse osmosis and


500.7 500.8 Requires that the term duration of water een eumptive use permits remains

in effect as long as with the amount of water is available to use and there is a

current demand. iooucd by the water management distriets to ecineide with lol

land use planning time.fr.amo. Comment: Many permits unrealistically commit

water based upon inaccurate demand estimates (e.g. agricultural users).

Growth Management

501 Local comprehensive planning should be the cornerstone of land use and water

planning, including the orderly expansion of urban development through

annexation. No other management tool can effectively integrate and balance a vast

array of community interests, providing a "constitution" for best serving the needs

of a municipality, while providing for the collective needs of the state.

Requirements for local comprehensive planning imposed by the state upon

municipalities should be minimal and fully recognize municipal home rule


The Florida League of Cities will support legislation that:

501.1 Romoves unwarranted limitation n ota munioipa-ity' ability t. amend it land use

plan by incrooing ppprteunitic s to use the small scale amendment proooae.

Comment: Achieved during the 1996 Legislative Session in HB 2705 and SB


501.1 50~ Requires the orderly expansion of urban development; provides incentives

for redevelopment; and discourages urban sprawl.

501.2 50.3 Provides reasonable procedures to allow cities to eliminate all enclaves

and to expeditiously annex highly developed areas, or areas soon to be developed,

that are adjacent to their boundaries.

501.3 5014- Authorizes cities to optionally waive "in-city elections" for annexation by


501.4 515- Promotes the cost-efficient provision of municipal services. Ensares--hat

munisipalitica are authorized to tie annexation to the provision of municipal

utility -servi Comment: Such legislation would in fact facilitate annexation.

501.5 501.6 Authorizes Requiree counties to observe municipal land use plans when

granting development approvals for property located within unincorporated

enclaves in the city.

!.; Allo.ws muniipaliti to .hor. planning authority in .r... that may reasonably bo

expected to annx. int the, m.uniipality in the for-os.abl fut.ure. Comment:

May be accomplished now through joint city/county agreements.

501.6 51.8 Permits municipalities to amend their comprehensive plans and rezone

property simultaneously with the voluntary annexation of property.


501.7 50-.9 Reduces state mandated requirements for evaluation and appraisal reports

(EARS) for local comprehensive plans. R.du.o. state mandated local

eemprhnivo planning O-uirements for- interg ve"rneantal coordination.

Comment: Achieved during the 1996 Legislative Session in HB 2705.

Environmental Permitting and Growth Managem, nt Regulation and Fdfling

502 Protection of our environment is a major concern of all citizens of the state. The

various environmental permitting processes of the state are important to the

preservation of our natural resources. However, recent and projected funding

cutbacks at the state and federal levels necessitate that the state permitting process

be streamlined, reasonable and financially feasible.

The Florida League of Cities will support legislation that:

502.1 Allows for continued discharge from a permitted facility that is operating in

accordance with permit conditions, absent a clear demonstration by the regulating

entity that said facility is causing or contributing to degradation of water quality.

502.2 Allows the delegation of state and regional permitting programs to certified or

designated municipalities upon their request.

502.3 Ensures that municipalities retain the right to adopt and enforce more stringent

environmental standards.

502.4 Establishes Ensur e-that state, regional and county environmental permitting,

surveillance, regulation, and operating fees that do not exceed direct cost recovery

levels, and do not impose hardship.

502.5 Establishes additional revenue flexibility PrNvid: a continual nsoroz of ndequat

stte funding and technical assistance to support local environmental and growth

management programs regulated by the state, particularly for smaller cities,

including solid waste recycling, wastewater treatment and reuse, and hazardous

waste management, and evaluation and appraisal reports (EARS). Comment: An

ideological shift is reflected in the suggested change.

502.6 Provides a waiver of financial penalty when a municipality discovers and corrects

an environmental permit violation caused by a short term malfunction in a

municipal facility. Comment: The suggested policy embraces aspects of

"environmental self-audit" concept (see "self-audit" materials).

Solid Waste Disposal and Collection

503 One of the major environmental concerns facing our state is the proper collection

and disposal of solid waste. The collection and disposal of solid waste has become

a local government problem approaching crisis proportions. Landfilling cannot

continue to be the primary method of solid waste disposal because of the state's

highly permeable soil and water tables. Developing and implementing alternatives

to the use of landfills are costly. Feasible solid waste recovery, recycling, reuse,

and disposal systems should be encouraged and supported by state incentives.

The Florida League of Cities will support legislation that:

503.1 Provides substantial state incentives for local recycling and resource recovery

programs, and the implementation of other feasible alternatives to the continued

use of landfills.

503.2 Encourages environmentally responsible packaging of consumer products as a

means of achieving solid waste reduction and improved local recycling programs,

including waste-to-energy facilities.

503.3 Requires the Department of Environmental Protection to issue permits for solid

waste management facilities based on the best management practices and to allow

for continued use of the facility, absent a clear demonstration by the state that the

facility is causing environmental harm.


503.4 Places a refundable deposit on beverage containers without exemptions.

503.5 Allows the expansion or upgrade of existing waste-to-energy facilities.


504 Untreated stormwater runoff, which contributes to surface water and/or

groundwater pollution, is caused by both urban and agricultural uses. Solutions to

stormwater runoff should not place a disproportionate or undue burden on urban


The Florida League of Cities will support legislation that:

504.1 Provides for area-wide coordination of stormwater management, which requires

the agricultural industry to share the proportionate costs to mitigate pollution

when the agricultural runoff is a contributing source.

504.2 Designates the Florida Department of Transportation as the sole agency

responsible for mitigating new and retro-fitting existing effects of stormwater

runoff from the state's highway system.

Coastal Zone Management

505 Florida's coastal resources are considered to be among its greatest assets. Under

proper stewardship, these resources should be protected and enhanced so that they

may continue to be enjoyed for generations to come.

The Florida League of Cities will support legislation that:

505.1 Provides for a reasonable and regular increase in publicly owned coastal land,

with continued support for Preservation 2000, Florida Communities Trust, Save

Our Coast, CARL, and other state and federal funding programs.

505.2 Establishes additional revenue flexibility Prf-edes for a ,tatwide dodicatod

funding urC and a state wide planning program for projects designed to enhance

beach areas, such as beach re-nourishment and vegetation projects, erosion

control, inlet management, dune enhancement and relocation of seaside

development, and marine habitat restoration. Comment: Ideological shift is

reflected in suggested change.

505.3 Requires the state to receive and review comments from local government

officials prior to final decisions regarding permits or leases pertaining to

municipal dumping and discharge.

505.4 Constrains the sale, lease or change of land use of publicly owned land without

involvement in the decision by impacted municipalities.

505.5 Authorizes redevelopment in coastal high-hazard areas, provided it is consistent

with a municipality's approved local comprehensive plan.

Wastewater Treatment and Reuse

506 Once municipal water has been used, it is in most instances properly treated and

recycled back into the environment. The improper siting, installation, and

maintenance of package plants and septic tanks often does not accomplish the

level of treatment needed to protect the ecosystems of the state, and acts only to

exacerbate non-point source pollution problems. Wellfield contamination may

occur, creating a serious threat to the health and safety of Florida's citizens.

The Florida League of Cities will support legislation that:

506.1 Prohibits the use of septic tanks in high-density urban areas and allows their

limited use in rural areas only when soil conditions, topography and water tables

are suitable.

506.2 Severely limits the installation of new small package sewer treatment plants and

increases state regulation of existing package plants, including strong measures to

prevent improper operations, neglect and/or abandonment.

nO64 Alow an noio 01l~~ ~ioanon oauoo by nA~ shttrm ma1lotion cfr ar munininnirn

rcunc oyStcm without a penrit for waotewator dispooal to net bo punitive and to

not anRy any financial p^ nalti: Comment: Expanded in suggested policy 502.6.


507 The state's wetlands are essential to the state's natural ecosystem. These wetlands

provide water filtration and storage, and serve as a natural habitat to fish and

wildlife. Development in wetland areas should be prevented.

The Florida League of Cities will support legislation that:

507.1 Ensures that municipalities retain the right to adopt and enforce more stringent

wetlands regulations within their municipal boundaries.

507.2 Facilitates and encourages the use of stormwater and/or treated wastewater, when

appropriate, for swamp and wetland restoration, and rehydration projects.

Hazardous and Toxic Waste

508 The proper identification, storage, disposal, treatment and transportation of

hazardous waste, infectious materials, and other toxic materials are essential for

the protection of the public health, safety, and welfare. Furthermore, the




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proliferation of small, scattered disposal sites only exacerbates potential problems

associated with hazardous and toxic waste management. A solution to the

problems of hazardous and toxic waste will require the cooperation of federal,

state, and waste generating and transporting industries.

The Florida League of Cities will support legislation that:

508.1 Defines chemical, biological, nuclear, toxic and infectious wastes, and establishes

procedures that track the generation, transport and disposal of such waste.

508.2 Allows imposition of civil penalties that meet or exceed the cost of legal disposal

against illegal dumpers of hazardous and toxic materials.

508.3 Encourages a reduction in the production of hazardous waste and promotes

neutralizing potentially hazardous waste on-site.

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