|Lynda Bell - Fan of Selective Enforcement,Chain Link Fences|
and Pink Slime in Meat Products.
The people who already paid the fine are going to go berserk when they find out. This whole issue is a fundamentally UNFAIR. The County code defines what makes up clean fill and how you can use it. Vegetative debris mixed with garbage is not clean fill and does not belong in wetlands. Fill DOES NOT include garbage and it DOES require a permit. Some of this fill had arsenic in it.
Lynda's resolution is specifically tailored for people who 1) did not get/follow a permit and 2) used garbage to fill wetlands. Many property owners accepted the garbage tainted mulch and dumped it on their property. Once discovered, DERM required corrective action. Many property owners and contractors complied. Of the nine listed in the resolution, a few are resisting (not all). If this resolution passes it will legalize illegal fill on those parcels. It will also make application of county code arbitrary - what about the people who already paid to correct the problem. I bet they don't even know this is happening. I bet some of the owners of the parcels listed in the resolution don't even know. So 9 people will be exempt. Stupid is as stupid does. Here is what Lynda Bell's law dujour, for COMMITTEE ON MARCH 14th, says (only important part is bold - hit read more to see it):
RESOLUTION DIRECTING THE MAYOR OR MAYOR’S DESIGNEE TO REFRAIN FROM FURTHER ENVIRONMENTAL ENFORCEMENT IN THE FEW REMAINING CASES AGAINST PROPERTY OWNERS FOR MULCHED HURRICANE DEBRIS DEPOSITED DURING THE AFTERMATH OF HURRICANE WILMA
WHEREAS, in the aftermath of Hurricane Wilma in 2005, Miami-Dade County was in a state of emergency, there was a great deal of property destruction, and circumstances may have been chaotic; and (BOO HOO on that one, we all went through it we don't get laws sponsored on our behalf) WHEREAS, in this aftermath of Hurricane Wilma, some property owners in the 8.5 square mile area and in the C-9 basin accepted deposits of mulched or shredded hurricane debris onto their properties; and
WHEREAS, in 2012, the Miami-Dade County Wetlands Advisory Task Force recommended that Miami-Dade County provide a one-time resolution for property owners who accepted mulched hurricane debris associated with the 2005 Hurricane Wilma storm season; and (THIS WAS A LYNDA BELL ORCHESTRATED TASK FORCE WITHOUT REPRESENTATION FROM ANY ENVIRONMENTAL GROUP). WHEREAS, much of this mulched hurricane debris contained plastics and other trash, along with vegetative debris; and WHEREAS, some of these deposits of mulched hurricane debris constituted environmental violations of Chapter 24 of the Code of Miami-Dade County, including filling wetlands without a permit and improper disposal of solid waste onto properties, and some property owners may not have known that they were violating the law; and
WHEREAS, the Miami-Dade State Attorney’s Office criminally prosecuted contractors who were directly linked to these deposits of mulched hurricane debris onto private property in the aftermath of Hurricane Wilma, and those unscrupulous contractors were forced to pay to clean up the environmental violations linked to them; and WHEREAS, if the contractors who dumped mulched hurricane debris on particular properties could not be found, or if the property owners could not identify which contractor brought them the mulch, Miami-Dade County brought civil environmental enforcement actions in order to clean up those properties and bring them into compliance with Chapter 24 of the Code of Miami-Dade County; and
WHEREAS, now, more than seven years after Hurricane Wilma, there are less than 10 open civil enforcement cases involving property owners who accepted this mulched hurricane debris onto their properties in the aftermath of Hurricane Wilma; and
WHEREAS, recognizing that these particular environmental violations arose during a unique time of emergency and crisis, and in the interest of efficiency, including limited enforcement resources, this Board may wish to direct the Mayor or Mayor’s designee to refrain from further enforcement against the property owners in the few remaining enforcement cases involving said mulched hurricane debris;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Mayor or Mayor’s designee is hereby directed to refrain from further enforcement against the property owners in the few remaining environmental enforcement actions for deposits of mulched hurricane debris that took place in the aftermath of Hurricane Wilma in 2005. The folio numbers for those nine remaining enforcement actions are listed as follows: 30-5821-000-0153; 30-5815-000-0140; 30-5815-000-1150; 30-5815-000-1610; 30-5828-000-3831; 30-5822-000-0050; 30-5822-000-0112; 30-2911-001-0301; and 30-2913-001-0490. This resolution, however, shall not relieve those property owners from otherwise complying with the Code of Miami-Dade County, including but not limited to the provisions of Chapter 24 and storm water retention regulations.
The Prime Sponsor of the foregoing resolution is Commissioner Lynda Bell.