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NOVOOK 91 D E 62 <br />� 2 � 1993 . <br />TO: James E. Chandler - County Administrator <br />FROM: ��� William G. Collins II - Deputy County Attorney <br />DATE: November 15, 1993 <br />SUBJECT: Use of Local Pollution Recovery Trust Fund to Assist in <br />Design and Construction of an Innovative Sewage Treatment <br />System at the Environmental Learning Center <br />Resolution No. 91-85 which created the Local Pollution Recovery Trust Fund <br />requires that the money be applied to: <br />1. Enhancement of Indian River County's environmental resources; or <br />2. Pollution control activities.' <br />The Resolution prohibits the use of the funds for operation and maintenance. <br />The Resolution further requires) any disbursement of trust fund monies to be <br />by resolution of the County Commission. <br />Under the general operating agreement between the State and the County, <br />the intent of the program is "for the attainment and maintenance of the <br />highest levels of natural resource conservation, public health and <br />environmental quality." (Sectio$ 1.02. ) <br />Had the Commission not set up a Local Pollution Recovery Trust Fund <br />through Resolution 91-85, then the use of the funds would be controlled by <br />Florida Statute 403.165, essentially limiting the use to cleaning up of existing <br />pollution problems. <br />It is my opinion that the Board ! could, by resolution, find that the proposed <br />use of trust fund monies to assist in the design and construction of an <br />innovative sewage treatment system to serve the Environmental Learning <br />Center so that students could be educated as to how pollution from human <br />waste may be prevented would be a legally proper use of the trust fund in <br />that it would enhance Indian River County's environmental resources and <br />would be applied to a pollution control activity which did not involve <br />operations and maintenance. <br />Commissioner Adams asked what will happen if these funds are <br />not used for this purpose. <br />Mr. Galanis responded that the money will remain in the <br />Pollution Recovery Trust Fund until we find a purpose for it. The <br />language of the resolution allows the funds to be used for <br />environmental purposes. <br />County Administrator aim Chandler clarified that since this <br />Fund was created in July 19$1 we received funds from fines on three <br />occasions and the current balance in this Fund is $25,500. We have <br />spent none of it because the uses are very specific. <br />Deputy County Attorney Collins advised that the agreement <br />between DER and the Countylauthorizes.three uses for these funds: <br />enhancement of Indian River County's environmental resources, <br />pollution control enforcement and pollution control activity. <br />26 <br />