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Resolution 225-2021 2 i {/ 3 4 5 6 MONROE COUNTY,FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 RESOLUTION NO. 225 -2021 9 10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY Il COMMISSIONERS ("BOCC") ESTABLISHING THE MARINA PUMP 12 OUT OUTFITTING PROGRAM("MPOOP")TO PROVIDE ASSISTANCE 13 TO MARINE FACILITIES AND MARINAS IN COMPLYING WITH THE 14 PROVISIONS OF THE MONROE COUNTY COMPREHENSIVE PLAN 15 AND MONROE COUNTY LAND DEVELOPMENT CODE REGULATING 16 AND REQUIRING PUMP OUT EQUIPMENT TO REDUCE POLLUTANT 17 DISCHARGES AND IMPROVE WATER QUALITY. 18 19 WHEREAS, the Florida Keys are designated as an Area of Critical State Concern to 20 protect the many significant resources, including the protection and improvement of nearshore 21 water quality; and 22 WHEREAS, all state and federal waters of the Florida Keys are federally-designated as a 23 No Discharge Zone ("NDZ") which prohibits the discharge of both treated and untreated waste 24 into Keys waters; and 25 WHEREAS, the Florida Keys National Marine Sanctuary ("FKNMS") established a 26 Water Quality Protection Program in 1994 to maintain and restore the ideal water quality needed 27 for the marine ecosystem in the Florida Keys and the sanctuary waters of the FKNMS;and 28 WHEREAS, the FKNMS Management Plan recommends strategies to eliminate vessel 29 wastewater discharges by requiring that marinas provide pump-out facilities to increase the total 30 number and availability of pump out opportunities for both shoreside and anchored vessels; and 3l WHEREAS, the BOCC supports and requests continued prioritization and technical 32 assistance from the FKNMS Water Quality Protection Program to ensure water quality protection 33 and monitoring of the influences of discharges from vessels; and 34 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 35 Comprehensive Plan and Land Development Code are to maintain public health, safety, and 36 welfare of the citizens of the Florida Keys, enhance the quality of life,ensure the safety of County 37 residents and visitors, and protect valuable natural resources; and 38 WHEREAS, 2030 Monroe County Comprehensive Plan Objective 202.3 and associated 39 policies attached as Exhibit "A." hereto specify that Monroe County shall encourage use and I of 5 40 expansion of sewage pump-out facilities throughout Monroe County to reduce pollutant discharges 41 into nearshore surface waters from live-aboard vessels; and 42 WHEREAS, Monroe County Comprehensive Plan Policy 202.3.1 authorizes living on 43 board a vessel at a shoreside location only if the vessel is at a marine facility, including a marina, 44 or within commercial fishing areas and commercial fishing special districts, that provide fixed 45 pump-out facilities;and 46 WHEREAS, Monroe County Comprehensive Plan Policy 202.3.1 and Section 118-16 of 47 the Monroe County Land Development Code require new and existing marine facilities,including 48 marinas,with ten (10)slips or more, or one live-aboard slip, provide a fixed pump-out station and 49 require all marinas, regardless of size, to provide signage conspicuously posted at dockage sites 50 educating the live-aboard public about the importance of pumping out and give clear directions to 51 the nearest pump-out stations; and 52 WHEREAS, Monroe County Comprehensive Plan Policy 202.3.2 and Section 118-16 of 53 the Monroe County Land Development Code provide that existing marine facilities, including 54 marinas, as identified through the Monroe County Marine Facility Survey or other best available 55 data sources,which do not have an on-site pumpout station, be notified of the requirements for on- 56 site pumpout facilities, signage, and any available funding assistance, such as the Florida 57 Department of Environmental Protection ("FDEP") Clean Vessel Act ("CVA") grant program; 58 and 59 WHEREAS, Monroe County Comprehensive Plan Policy 202.3.2 and Section 118-16 of 60 the Monroe County Land Development Code require that all marine facilities and marinas which 61 must provide on-site pumpout stations shall keep those pumpout stations operational, and ensure 62 that pumpout service is available to the patrons of those marine facilities and marinas; and 63 WHEREAS, there are an estimated 489 marine facilities throughout Monroe County with 64 an estimated 500-1,000 live-aboard vessels at these shoreside locations; and 65 WHEREAS.data indicates that only 29%of these facilities have pumpout equipment;and 66 WHEREAS, Monroe County desires to expand the number of vessel sewage pump-out 67 facilities throughout Monroe County to reduce pollutant discharges into nearshore surface waters; 68 and 69 WHEREAS, the County desires to establish and implement a Marina Pump Out 70 Outfitting Program ("MPOOP") to provide technical and educational assistance to marine 71 facilities and marinas including, but not limited to, assistance with County and State permitting 72 requirements and funding opportunities from the FDEP CVA grant program for the purchase, 73 installation, operation and maintenance of on-site pumpout equipment; and 74 WHEREAS, the FDEP CVA grant program can fund up to 75% of costs associated with 75 the purchase, installation, operation and maintenance of pumpout equipment; and 76 WHEREAS, facilities receiving CVA funding must provide public access to the pumpout 77 equipment which will expand the availability of shoreside pumpout facilities for use by the boating 78 public; and 2 of 5 79 WHEREAS,the FDEP CVA Program also provides resources,tools and technical support 80 to facilities wishing to install a sewage pumpout system including assistance with implementation 81 of a Clean Marina Program; and 82 WHEREAS,"marine facility" is defined in Section 101-I of the Land Development Code 83 as a docking facility with ten slips or more, or one live-aboard slip; and 84 WHEREAS, "marina" is defined in Section 101-I of the Land Development Code as a 85 facility for the storage, launching and securing of vessels and/or live-aboard vessels,together with 86 accessory retail and/or service uses, including but not limited to commercial retail, restaurants, 87 vessel rentals,charter vessels, vessel repair, sport diving operations and the provision of fuel.The 88 term marina does not include docks accessory to a land-based dwelling unit limited to the use of 89 owners or occupants of the dwelling unit; and 90 WHEREAS, in determining whether a docking facility has ten slips or more for the 91 purpose of defining the facility as a "marine facility" under Section 101-1 of the Land 92 Development Code, Monroe County staff will utilize best available data such as the Monroe 93 County Marine Facility Survey, information received from the facility, historic aerial imagery, 94 permitting records and other available data sources; and 95 WHEREAS, only wet storage of vessels will be considered in the total number of slips in 96 determining whether a facility is considered a"marine facility':' and 97 WHEREAS, for implementation of the MPOOP program, the terms "on-site pumpout 98 station," "on-site pumpout facilities," "fixed pump-out facilities" or "fixed pump-out station" 99 identified in the Monroe County Comprehensive Plan Policy and Land Development Code shall 100 herein be referred to as a "fixed pumpout system" which shall mean any type of permanently 101 installed pumpout equipment along with all necessary plumbing, such as a vacuum-based 102 centralized system containing single or multiple pump stations and/or point-of-service station(s), 103 capable of handling all vessel sewage generated at the marine facility or marina; and 104 WHEREAS, for implementation of the MPOOP program. portable pumpout equipment 105 designed to manually transport waste, such as a mobile pumpout vessel or a mobile pumpout cart 106 with a temporary waste holding tank, shall not constitute a fixed pumpout system due to the lack 107 of State permitting requirements that ensure the treatment system receiving the waste is capable of 108 handling and tracking this concentrated effluent; and 109 WHEREAS, research suggests that live-aboard slips should be individually plumbed to 110 provide the most suitable means for waste collection to avoid the necessity of frequent vessel I l 1 relocation which has been identified as a significant hurdle in boater compliance; and 112 WHEREAS, the fixed pumpout system should be designed to consider the current and 113 future usage, type, and size of vessels at the facility; and 114 WHEREAS, the Monroe County MPOOP program furthers the goals and objectives of 115 the Monroe County Comprehensive Plan for water quality improvements in our nearshore waters 116 as well as the Florida Keys Area of Critical State Concern designation. 3 of 5 17 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 18 COMMISSIONERS OF MONROE COUNTY, FLORIDA,THAT: 19 Section 1. Recitals and Legislative Intent.The foregoing recitals are true and correct, 20 and are hereby incorporated as if fully stated herein. 21 Section 2. The BOCC does hereby establish the Marina Pump Out Outfitting Program 22 ("MPOOP") and supports the implementation of the MPOOP program to 23 assist marine facilities and marinas by providing technical and educational 24 assistance including, but not limited to, assistance with County and State 25 permitting requirements and grant funding opportunities for the purchase, 26 installation, operation and maintenance of on-site pumpout equipment. 27 Section 3. In determining whether a docking facility has ten slips or more for the 28 purpose of defining the facility as a"marine facility"under Section 101-I of 29 the Land DevelopmentCode. Monroe County staff will utilize best available 30 data such as the Monroe County Marine Facility Survey, information 31 received from the facility, historic aerial imagery, permitting records and 32 other available data sources. 33 Section 4. Only wet storage of vessels will be considered in the total number of slips in 34 determining whether a facility is considered a"marine facility." 35 _ Section 5. The terms `on-site pumpout station," "on-site pumpout facilities," "fixed 36 pump-out facilities" or "fixed pump-out station" identified in the Monroe 37 County Comprehensive Plan Policy and Land Development Code shall 38 herein be referred to as a "fixed pumpout system" which shall mean any 39 type of permanently installed pumpout equipment along with all necessary 40 plumbing, such as a vacuum-based centralized system containing single or 41 multiple pump stations and/or point-of-service station(s), capable of 42 handling all vessel sewage generated at the marine facility or marina. 43 Section 6. Portable pumpout equipment designed to manually transport waste, such as 44 a mobile pumpout vessel or a mobile pumpout cart with a temporary waste 45 holding tank, shall not constitute a fixed pumpout system due to the lack of 46 State permitting requirements that ensure the treatment system receiving the 47 waste is capable of handling and tracking this concentrated effluent. 48 Section 7. The BOCC directs staff to launch an educational marketing campaign for the 49 - - MPOOP program. 50 Section 8. The BOCC directs staff to collaborate with the FDEP on permitting 51 guidance, CVA funding opportunities and educational outreach to marine 52 facilities and marinas. 53 Section 9. Construction and Interpretation. This resolution and its interpretation 54 shall be liberally construed and enforced in favor of Monroe County to 55 effectuate its public purpose(s) and policy(ies) of the County. The 56 construction and interpretation of this resolution and all Monroe County 4 of 5 157 Comprehensive Plan provision(s), Monroe County Code of Ordinances and 158 Monroe County Land Development Code provisions,Florida Building Code, 159 Florida Statutes, and Monroe County Resolution provision(s) whose 160 interpretation arises out of,relates to,or is interpreted in connection with this 161 resolution shall be liberally construed and enforced in favor of Monroe 162 County to effectuate its public purpose(s) and policy(ies) of the County,and 163 shall be construed in favor of the BOCC and such construction and 164 interpretation shall be entitled to great weight in adversarial administrative 165 proceedings, at trial, in bankruptcy, and on appeal. 166 Section 10. No Liability. Monroe County expressly reserves and in no way shall be 167 deemed to have waived, for itself or for its officer(s), employee(s), or 168 agent(s), any sovereign, governmental, and any other similar defense, 169 immunity, exemption, or protection against any 31 suit, cause-of-action, 170 demand, or liability. 171 Section 11. Severability. If any provision of this resolution, or any part or portion 172 thereof, is held to be invalid or unenforceable by any administrative hearing 173 officer or court of competent jurisdiction, the invalidity or unenforceability 174 of such provision,or any part or portion thereof,shall neither limit nor impair 175 the operation, enforceability, or validity of any other provision of this 176 resolution, or any remaining part(s) or portion(s) thereof. All other 177 provisions of this resolution, and remaining part(s) or portion(s) thereof, ,8 shall continue unimpaired in full force and effect. 179 Section 12. Conflicting Provisions. All resolutions in conflict with this resolution are 180 hereby repealed to the extent of said conflict. The repeal of a resolution 181 herein shall not repeal the repealing clause of such resolution or revive any 182 resolution which has been repealed thereby. 183 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 184 &lorida, at a_regular meeting held on the 16's day of June. 2021. LL 1$Al -:-= Mayor Michelle Coldiron Yes c�F_ 186 Mayor Pro Tern David Rice Yes 189- ..-%i Commissioner Craig Cates Absent IS8 ou — Commissioner Eddie Martinez Yes 189 tri _.. Commissioner Mike Forster Yes I90. 71 19I" 192 (SEAL) BOARD OF COUNTY COMMISSIONERS I93 Attest: KEVIN MADOK, Clerk OF MONROE COUNT -- 7 (�7 " 11.001.1-pity Clerk Mayor Michelle Coldiron ' • MONROE CO ATTORNEY APP TO FORM 5 of5 �� PETER MORRIS ASSISTANT COUNTY ATTORNEY Date: 6/1/21 EXHIBIT A Monroe County Comprehensive Plan Update Objective 202.3 Monroe County shall support existing vessel discharge regulations, including the No Discharge Zone regulations of the Florida Keys National Marine Sanctuary, and encourage use and expansion of sewage pump-out facilities throughout Monroe County to reduce pollutant discharges into nearshore surface waters from live-aboard vessels. [§163.3177(6)d.2].b., F.S; §163.3177(6)d.2.e., F.S.] Policy 202.3.1 Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall adopt and maintain regulations pertaining to docked or moored to land live-aboard vessels which: 1. prohibit living on board vessels and floating structures of any type except at marine facilities, including marinas, and within commercial fishing areas and commercial fishing special districts, with fixed pump-out facilities; and 2. require that new and existing marine facilities, including marinas, with ten slips or more,or one live-aboard slip, provide a fixed pump-out station; and 3. require all marinas, regardless of size, to provide signage conspicuously posted at dockage sites educating the live-aboard public about the importance of pumping out and giving clear directions to the nearest pump-out stations. [§163.3177(6)d.2.b, F.S; §163.3177(6)d.2.e., F.S.] Policy 202.3.2 Existing marine facilities, including marinas, which do not have an on-site pumpout station, as identified through the Monroe County Marine Facility Survey or other best available data sources, shall be notified in writing of the requirements for on-site pumpout facilities and signage (and any available funding assistance, such as the DEP Clean Vessel Act grant program) within 18 months after the adoption of the 2030 Comprehensive Plan. Such marine facilities and marinas shall have 12 months from the written notification to provide an on-site pumpout station and associated signage. All marine facilities and marinas which are required to provide on-site pumpout stations are required to keep those pumpout stations operational, and ensure that pumpout service is available to the patrons of those marine facilities and marinas. Policy 202.3.3 Development of the management recommendations for live-aboard vessels shall be coordinated with NOAA to ensure consistency with recommendations of the Florida Keys National Marine Sanctuary Revised Management Plan. [§163.3177(6)d.2.b., F.S; §163.3177(6)d.2.e., F.S.] Conservation and Coastal Management Element 4 Keith and Schnars,P.A. Comprehensive Plan Final Adopted Version April 13,2016