RESOLUITON - OPPOSING RULE FOR "WATERS OF THE US" - #2014-30

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WHEREAS, the U.S. Conference of Mayors has publicly opposed legislation to expand federal jurisdiction under the Act if it is not accompanied by federal funding. NOW, THEREFORE, BE IT RESOLVED, that Lee County opposes legislation or changes that would further expand federal jurisdiction under the Act; and BE IT FURTHER RESOLVED, that the U.S. Conference of Mayors, in its Resolution to Ensure that Municipal Concerns are Addressed in Clean Water Act Regulations, including the definition of "Waters of the U.S.," requested certain provisions be made if any changes to the rule were made. And, that the Lee County Board of Commissioners agrees that any changes to the rule should include the following provisions, which are sincere concerns for local governments: • Separate municipal storm sewers will continue to be regulated and permitted under Section 402 of the Act and will not be considered Waters of the U.S.; and • Water delivery, reuse, and reclamation systems and facilities will not be considered Waters of the U.S.; and • Ditches, streams and other drainage features that protect and ensure the operation of public infrastructure will not be considered Waters of the U.S.; and • Wastewater treatment systems and all associate infrastructure will not be considered Waters of the U.S.; and • Any proposal to regulate waters within a floodplain, riparian, or any other general area must include a specific definition, including the specific boundaries, of the floodplain, riparian, or other area subject to the rule; and • The rule must include sufficient clarity and specificity to better inform regulators and permittees, and to minimize the potential for litigation. BE IT FURTHER RESOLVED, in opposition to the proposed change to the rule defining "Waters of the U.S.," the Lee County Board of Commissioners encourages citizens to write letters to the EPA, e-mail the EPA, or post comments to the Federal eRulemaking Portal, in the manner described below: Letters, including the original and three copies, may be sent to: Water Docket, Environmental Protection Agency Mail Code 2822T 1200 Pennsylvania Avenue NW Washington, DC 20460 Attention: Docket ID No. EPA -HQ -OW -2011-0880 E-mails may be sent to ow-docket(a-)_epa.gov. Please include EPA -HQ -OW -2011-0880 in the subject line of the message. Comments may be posted online at www.regulations.gov. Simply follow the instructions for submitting comments.