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Board of County Commissioners Meeting Minutes - Final March 9, 2021 Attachments: Staff Report 6.9.2020 Letter of Objection 8.24.2020 Letter of Objection 12.4.2020 Comments on Draft BMAP 12.22.2020 Letter of Major Objections Public Works Director Richard Szpyrka presented the Florida Department of Environmental Protection's (FDEP) Basin Management Action Plan (BMAP) Final Order which set the revised requirements for nitrogen and phosphorus reduction in the Central Indian River Lagoon (CIRL) that the County must achieve. Director Szpyrka utilized a PowerPoint presentation, and referred to staffs report dated March 3, 2021, as he discussed the impact of the FDEP's Order, which was generated using the Brevard County -based SWIL (Spatial Watershed Iterative Loading) model. He noted that the SWIL model resulted in a doubling of the County's allocated nitrogen and phosphorus removal levels at an estimated additional cost of $73 million; the results were in comparison to the previously used PLSM (Pollution Load Screening Model). Director Szpyrka relayed staffs ongoing discussions with the FDEP, and their documented objections to both the BMAP draft process and the SWIL model. He reported that staff last met with the FDEP on March 5, 2021, to discuss filing a petition to challenge the Final Order in advance of the March 16, 2021 deadline. In response, the FDEP generated a draft letter which outlined the County's ongoing concerns, and stated the Agency's commitment to revise and recalibrate the BMAP allocations. The letter was offered in lieu of the County filing a petition, however, a final letter had not been received as of March 8, 2021. Vice Chairman O'Bryan received clarification of staffs recommendation from County Attorney Dylan Reingold who stated that staff first sought to obtain a letter from FDEP and to continue working cooperatively to recalibrate the SWIL model's numbers. He then requested authorization to pursue filing a petition if the desired letter was not received. County Administrator Jason Brown expanded staff s rationale to continue negotiation talks with the FDEP. Vice Chairman O'Bryan remained skeptical that the FDEP would honor their offer to revise the Final Order and was hesitant to give up the leverage that filing a petition would bring. Chairman Flescher and Commissioner Earman echoed the Vice Chairman's doubts that the FDEP would adjust their allocations without the motivation of legal action. Director Szpyrka confirmed that the FDEP initiated talks only after the County threatened to file a petition. Administrator Brown spoke in support of pursuing the FDEP letter as the best path to negotiate meaningful change to the SWIL model, and ultimately the County's allocations. He stated that staff would pursue an extension to the petition deadline if that was the Board's desire. Indian River County Florida Page 9