Item J01 J.1
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
June 16, 2021
Agenda Item Number: J.1
Agenda Item Summary #3033
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305)289-2505
NA
AGENDA ITEM WORDING: Presentation on Implementation of the Marina Pump-Out
Outfitting Program ("MPOOP") and Approval of a Resolution Establishing the MPOOP Program to
Provide Technical and Educational Assistance to Marinas in Complying with Policies and
Regulations Requiring Fixed Pump-Out Systems.
ITEM BACKGROUND: Marine Resources staff are pleased to announce the creation of a new
program, the Marina Pump-Out Outfitting Program ("MPOOP"), to assist local marine facilities and
marinas in complying with the provisions of the Monroe County Comprehensive Plan and Monroe
County Land Development Code which require on-site pump-out equipment/facilities/systems to
reduce pollutant discharges and improve water quality. The goal is to provide targeted public
assistance to eliminate vessel wastewater discharges with the installation of additional pump-out
facilities and protect and improve the nearshore water quality.
There are approximately 489 marine facilities throughout Monroe County, with an estimated 500-
1,000 live-aboard vessels at these shoreside locations; however, data indicates that only 29% of these
facilities have on-site pumpout equipment/facilities/systems. Monroe County has adopted policies
and regulations in the Monroe County Comprehensive Plan and Monroe County Land Development
Code to(A.)support a"No Discharge" designation which prohibits the discharge of both treated and
untreated waste in all local, state and federal waters of the Florida Keys and M. encourage the use
and expansion of sewage pump-out facilities throughout Monroe County to reduce pollutant
discharges into nearshore surface waters from live-aboard vessels.
Specifically, Objective 202.3 (and associated policies thereto) of the 2030 Monroe County
Comprehensive Plan (attached), and Monroe County Land Development Code Section 118-16,
specify the following:
• New and existing marine facilities, including marinas, with ten (10) slips or more, or one
live-aboard slip, shall provide a fixed pump-out station and 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 give clear directions to the nearest pump-out
stations; and
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• Existing marine facilities, including marinas, which do not have an on-site pumpout station,
shall be notified of the requirements for on-site pumpout facilities, signage, and any available
funding assistance, such as the Florida Department of Environmental Protection ("FDEP")
Clean Vessel Act("CVA") grant program; and
• All marine facilities and marinas which must provide on-site pumpout stations shall keep
those pumpout stations operational, and ensure that pumpout service is available to the
patrons of those marine facilities and marinas; and
• Existing marinas and marine facilities must provide pumpout equipment within 12 months of
receiving notice from the County.
To support these objectives and regulations, the County's Marine Resources Office is launching the
Marina Pump-Out Oufitting Program ("MPOOP")to provide marina owners and operators an
opportunity to move forward in a proactive way to protect and enhance our nearshore water quality
prior to the County's formal implementation of notification requirement described above.
The MPOOP program will provide technical and educational assistance to marina owners and
operators including assistance with County and State permitting requirements as well as grant
funding opportunities for pumpout equipment.
For the MPOOP program, several outreach tools have been developed including an informational
webpage (www.MonroeCount -FL,.�-,ov/MPOOP), an educational video, and a program brochure.
These materials will launch an educational marketing campaign directed towards facilities
throughout Monroe County who may need assistance.
In addition, staff will provide technical assistance such as step-by-step permitting guidance, contact
information for design professionals, contractors and pump-out manufacturers as well as sample
projects and costs to provide facilities with the tools needed to successfully complete their pumpout
proj ect.
Staff are also partnering with the Florida Department of Environmental Protection CVA grant
program to highlight available funding opportunities. The CVA program can fund up to 75% of costs
associated with the purchase, installation, operation, and maintenance of pump-out equipment as
well as other miscellaneous costs.
Staff have also prepared the attached Resolution for Board approval in support of this program,
which establishes its purpose, and furthermore provides additional information and specific
requirements of the MPOOP program.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval of the Resolution Establishing the MPOOP Program
DOCUMENTATION:
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Resolution
Exhibit A- Comp Plan Policy
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: None
None
REVIEWED BY:
Emily Schemper Completed 05/25/2021 1:07 PM
Assistant County Administrator Christine Hurley Completed
05/28/2021 8:54 AM
Peter Morris Completed 06/01/2021 1:15 AM
Purchasing Completed 06/01/2021 8:21 AM
Budget and Finance Completed 06/01/2021 8:26 AM
Maria Slavik Completed 06/01/2021 8:28 AM
Liz Yongue Completed 06/01/2021 10:30 AM
Board of County Commissioners Pending 06/16/2021 9:00 AM
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r `�ti„fit
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5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO. -2021
9
10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS (`BOCC") ESTABLISHING THE MARINA PUMP
12 OUT OUTFITTING PROGRAM("MPOOP") TO PROVIDE ASSISTANCE 0
13 TO MARINE FACILITIES AND MARINAS IN COMPLYING WITH THE
14 PROVISIONS OF THE MONROE COUNTY COMPREHENSIVE PLAN E
15 AND MONROE COUNTY LAND DEVELOPMENT CODE REGULATING c
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 E
c.
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 �--
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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 0
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
31 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
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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
a.
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 0
55 data sources,which do not have an on-site pumpout station,be notified of the requirements for on- a.
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 0
a
60 the Monroe County Land Development Code require that all marine facilities and marinas which 0.
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
c
65 WHEREAS, data indicates that only 29% of these facilities have pumpout equipment; and
0
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 E
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
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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 101-1 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 101-1 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 CL
90 WHEREAS, in determining whether a docking facility has ten slips or more for the CL
91 purpose of defining the facility as a "marine facility" under Section 101-1 of the Land E
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, 0
94 permitting records and other available data sources; and CL
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
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97 WHEREAS, for implementation of the MPOOP program, the terms "on-site pumpout :5
98 station," "on-site pumpout facilities," "fixed pump-out facilities" or "fixed pump-out station" 0
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
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104 WHEREAS, for implementation of the MPOOP program, portable pumpout equipment 2
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 E
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
111 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.
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117 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
118 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
119 Section 1. Recitals and Legislative Intent. The foregoing recitals are true and correct,
120 and are hereby incorporated as if fully stated herein.
121 Section 2. The BOCC does hereby establish the Marina Pump Out Outfitting Program
122 ("MPOOP") and supports the implementation of the MPOOP program to
123 assist marine facilities and marinas by providing technical and educational
124 assistance including, but not limited to, assistance with County and State
125 permitting requirements and grant funding opportunities for the purchase,
126 installation, operation and maintenance of on-site pumpout equipment.
a.
127 Section 3. In determining whether a docking facility has ten slips or more for the
128 purpose of defining the facility as a"marine facility"under Section 101-1 of
129 the Land Development Code,Monroe County staff will utilize best available E
130 data such as the Monroe County Marine Facility Survey, information
131 received from the facility, historic aerial imagery, permitting records and 0
132 other available data sources. c.
133 Section 4. Only wet storage of vessels will be considered in the total number of slips in
134 determining whether a facility is considered a"marine facility."
135 Section 5. The terms "on-site pumpout station," "on-site pumpout facilities," "fixed 0
136 pump-out facilities" or "fixed pump-out station" identified in the Monroe 0
137 County Comprehensive Plan Policy and Land Development Code shall
138 herein be referred to as a "fixed pumpout system" which shall mean any
139 type of permanently installed pumpout equipment along with all necessary
140 plumbing, such as a vacuum-based centralized system containing single or
141 multiple pump stations and/or point-of-service station(s), capable of
142 handling all vessel sewage generated at the marine facility or marina.
0
143 Section 6. Portable pumpout equipment designed to manually transport waste, such as
144 a mobile pumpout vessel or a mobile pumpout cart with a temporary waste
145 holding tank, shall not constitute a fixed pumpout system due to the lack of
146 State permitting requirements that ensure the treatment system receiving the
147 waste is capable of handling and tracking this concentrated effluent.
148 Section 7. The BOCC directs staff to launch an educational marketing campaign for the
149 MPOOP program.
150 Section 8. The BOCC directs staff to collaborate with the FDEP on permitting
151 guidance, CVA funding opportunities and educational outreach to marine
152 facilities and marinas.
153 Section 9. Construction and Interpretation. This resolution and its interpretation
154 shall be liberally construed and enforced in favor of Monroe County to
155 effectuate its public purpose(s) and policy(ies) of the County. The
156 construction and interpretation of this resolution and all Monroe County
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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
CL
168 agent(s), any sovereign, governmental, and any other similar defense,
169 immunity, exemption, or protection against any 31 suit, cause-of-action, 0
170 demand, or liability. 2
E
171 Section 11. Severability. If any provision of this resolution, or any part or portion
CD
172 thereof, is held to be invalid or unenforceable by any administrative hearing 0
173 officer or court of competent jurisdiction, the invalidity or unenforceability CL,
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,
178 shall continue unimpaired in full force and effect.
E
179 Section 12. Conflicting Provisions. All resolutions in conflict with this resolution are CL
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.
c
183 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
184 Florida, at a regular meeting held on the 16th day of June, 2021.
185 Mayor Michelle Coldiron
186 Mayor Pro Tem David Rice E
187 Commissioner Craig Cates
188 Commissioner Mike Forster
189 Commissioner Eddie Martinez
190
191
192 (SEAL) BOARD OF COUNTY COMMISSIONERS
193 Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
194
195 By By:
196 As Deputy Clerk Mayor Michelle Coldiron
MONROE CQ,!JWTY ATTOnNEY
.DPP TO FORM
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ASSISTANT TT Packet Pg. 1109
ate: 6/1/21
EXHIBJ.1.bl
Monroe County Comprehensive Plan Update
Obiective 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
CL
County shall adopt and maintain regulations pertaining to docked or moored to
land live-aboard vessels which: c.
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 CL
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 0
posted at dockage sites educating the live-aboard public about the importance 0
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 0
CL
or other best available data sources, shall be notified in writing of the
requirements for on-site pumpout facilities and signage (and any available
CL
funding assistance, such as the DEP Clean Vessel Act grant program) within 18 0
months after the adoption of the 2030 Comprehensive Plan. Such marine 0
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.
a�
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
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