Loading...
Resolution 370-1989 1 t I .~.) RESOLUTION NO. 370 -1989 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE FLORIDA DEPTARTMENT OF NATURAL RESOURCES, AND DIRECTING THE EXECUTION OF SAME BY THE PROPER COUNTY AUTHORITIES. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: 1. That said Board has been notified of the availability of pass-through federal funds from the Florida Department of Natural Resources. 2. That Monroe County Extension Services has received preliminary approval for the submission of a grant application to create a Derelict Vessel Removal Program for which a grant of $425,000.00 (approximately 250 vessels at $1700.00 per vessel). 3. That said Board hereby directs the execution of this application by the proper County Authorities. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held J t.4 " eo. on this ~ day of , 1989, A.D. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By /JII~#/~ Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk ~~~.tP./ miOW APPROVED AS TO FORM AND LEGAL SUFFICIENCY. By ~rv) )', 61~ Attorney's Office 'i SS: Zld 9- lOr 68. J C \." ...) _: '-- ~ ,"1 -l . ',I.J II..... "I ~ . .30 Form: Application for Derelict vessel Removal Grant " FLORIDA DEPARTMENT OF NATURAL RESOURCES 3900 Commonwealth Boulevard Tallahassee, Florida 32303 Application For Derelict vessel Removal Grant Part I 6/30/89 Date Name of Applicant: Monroe County Mailing Address: P. O. Box 2545. Kev West. Florida 33045-2545 Contact Person: Jeffrey A. Fisher Telephone t (305) 294-4641 x160 Total Amount of Requested Grant Funding: $67/linear ft., $1600 per vessel population: 75,000 No. Registered Vessels: *No. Derelict Vessels: 250 projected Completion Date of program. 1993 * Attach a copy of the Florida Marine Patrol Derelict Vessel Report for each vessel to be considered for removal with grant funds. (Copies of these reports may be obtained from the local FMP D~strict Office.) proposed method for handling the removal and disposal of the designated Derelict Vessels: tJ G1 Use of contractual" services: not known - will advertise for competi~ Specify proposed contractor, if known blds Use of own resources Part II Designated Derelict vessels To Be Removed FMP I.D. . of Vessel Length of Vessel Est. Cost per Linear Ft. projected Total Cost of Vessel Removal/Disposal Designated Disposal Site (Specify Artificial Reef Site or Landfill LOca tion) 1 2 Approximately 250 derelict vessels reports and lists enclosed 3 4 5 6 7 8 9 10 11 12 13 14 15 Part IV As duly authorized by mDY7 I'd e.- {~ k t1" \f , I I hereby make application on behalf of the applicant for a Derelict Vessel Removal Grant pursuant to 16N-16.29, F.A.C. I certify that the above supplied documentation is correct to the best of my knowledge and that the grant applicant agrees to the conditions specified in this application. (' - ~ 6 .- !r'l /Signature Ex+. SaVill j)\ 'T~~L Title Date ,3D,S- - :} (1 L - ~ 7 rr6 Telephone No. ONR 20-232-FMP 2-86 ~}C:~':~"~:-:';~ :i C"l:, '\/ F!,' :-::. ::::' E' } ::::. cii ,L i:i".:::\ \,' ::~:' f:? ).~ i st. i 'f $ ..~, n e ::.:: :~, C~'.-'" i ca.,." F'f"f' ::::. c~ 1_'{ F.,:t .t. (') t. -;~~ E,.., -:'CII'J't, :~ '(j'l:i (')\.',; !:::. :::IC~(~~ t. (.?';"" ~~ '('{vet 1",,'Ei,nEt.t(C. r 'Ti-~ (2 1'.'. e}':;:. " " Wl,- ,i ;:i i ";ti:;(.;.... ~;:.. ts 4~i'\l f.~' C; 1::'(r"'1:-1 i ct. ',"e~~'-=;,E'.1. s.. E)Crr.r'~~'? r.:a:i S:.l':? i:;( 'tsC:~'\t' ~, -g i:;'( 1'. '.~, Cc't's [:J'("Ci?).i 2rn, i,,.~r.':1 1 \~ s.c)rllf..-? 'r"'E't:n""~.:?~~"e'rf'c. r..~.(.s i.-=-'("~.... i ')oA'Cf(Jf{H~'(J't" Ci 1. .t.~ y,c1 ./ Ct'$" (~~.('s i::il=\i:.t,;-i{-:?1:. i c' c~e~;?'r.'~GfE\t i C((i.. ;=f2W jriCrU 1 ct Bct i_I <:":111..,/ :.;-)'f"'t-=-I~.t.;::~"s"$ 'p'l~ltJl :ic' ""'JE~F.~lt:Mt" {r;e ", Ei'v ~jI E~"rfC' } c{E.~'::;"rd 1 i =.t. !;:.;.. ',1.': {:,.,..... '(I;it"$ :i c:'r~ '{I'lf.:: ;--, c:t'.", E! [>\1 . . , ~ _ .:('f""'} c:;:~ ~1C:1'r-' i 't':E~ 'l:':i~-t. .;'"."c(:\. , ~~(,-2 :~'j (';i',..' E' ",::' -;::-~:;: ).- '-' ..' UV 'r"tz C<C'.r"'t ::':.. ,,.;;::=- ~-:'.~ E":3Cr'S"..t. S -f' 's#"C~1n t.1Ms i? h ECv'e l?'rsc'l C.~::.E:t:1 21 _~i~Y ;~I'f O\3Y" 3 yea~ DV p~a1) as ~~ell~ ~l}\~'i"')' 'fe\"J ()'f;" t;~"1l:2' ",,';;"?~,s:,eJ.S C.f'n '\-d.~= :i:.ist.;;:. ',,",H)'ulci ~.)2 ~::~,\.'1it.at)iE'! 'fc)'r' \r.'t..). ~":a.C:i~2, "-'(2er l:'c-:'~"'~s,t.'.'\..:c,t"ic-:'(J. "rt.1t-?,/ i::<'r-'l:;' i::..iJ. 'r'"'E'}i:~ii~i'vel),. slnall 2(('I{j "{{lacier ,~ .t~~'~er woc<d Cey' fiberglass. CCf!S't. ()'f 'r'ernccv',::<l i!::). i;;<'nCt-~.~\..'~e'(" r~'.i'f'fic''i..\1t. ::;~Jr:{'~et:"t,. tj"f"st. i.1 'v~ l=? i-I i;'l''l Eo' c:1. ~'-j ~ c~ '5 ~.;:t.? C'l;:.(JP{;:""rC(t. 'f-'e-B 11 ::l k'JPSC';"'f t. r-H~:' C'C'~;:,t." .::r~,.....t"("'c:\c-.t,~.:' u'I'"!'t,:il t:"'if:? i;p'.'i:.H'ft: :i.s aop'l~.c<vec;. A'('r i:~'\t'E"""'r.:~J..?~2 C"C(~..1:. r)~~'("' ~'~e CB'('fne<t. a s~. '::h:rr' cu'j'"'.j'".e....ft. ve~;:,!:::,e 1 ..,C:<U 1 r.:i f.cn.... t:ci {js iEff'Ilj 1 r.=rt. i ~:; ':f:)t; i ;.ct2-t.,.... : i .f"Jt?C':o.... 'F c1c<<t. est imat.e apr-<"r"'C:')ll mat. ~': ':13! 600. ~~l!::~cf, ~::..i'~"Il:'e .t:l9 'j~"'~.11es '{'"2qu:i.('.e .t,:-JI'::\'t: eae~'r'J :~)"'.J t)~? .t't"E:ra,t.ed '..;,~{)i'",,'ic:tli::~l:i),' 6~:~ t.c( :.:1} J:re'r-')(;'it.t.i'~~9, ):2) If.?qal '("'f?JnC('val, ;:~:) di!::.pc(!.';,(B}~ ;C.'tLl ":J+) ~~;Crt::.tHJH?'f'ft.a't.icfn, ~Lt. 1~~:. r~-2}t. t.'f~12f"t \;I~E# c'c;','ts'f",c<<t. s:.u!)tnit. a ~"bl.=l'f"s~.E't," ';_~, ''''l .t. ~)'r""'C<~:~Cr~'C::111r '{] t\ '1" i;~1 ~)~:) 1 i C'i~ t. j, C<<'("~ 15 :i.',., esse~ce a 'vessel'-by-vessei ~_'.lCt!..:;:.a I If ....lt~ e.n"st. i c. ~i {) c:-: "j,: F..=t t. "i"H.~ [) ~~ r~ 3 ;,:q:)"("C)'tl ~it"u;.l c;4 =. ~_Hn r:..:q- U~C(':'s E(~;' " t,.jE-: v',(Ctl:..l:;' [j 'l/'~rCr"$#":-~. i l::-' U r; r,:<e-'",' }o.: '~?)' S~. ;::.t'f'" ~i r,.) f~ '("" i 1 >, ~ ...... e- ~==. ~. E' 1 t<<),. t: :'. ;"Ilt? ErnU 1 j','qi:'i :; :i t: .i. c,s.,,::,p'nlJ:\ t, " ...,. f:~,! ~:. s;.e i , '{'"eroe,',,' i 'fst;? jtvt"jd't. {jc~ 11 a'r-'S.~ ['j w~'-~ '::,'l~ ~1. c:.=,~! ;!~(:I'r"("Cr l:':: c: CI ~.rnt. ~y' ~.,',J~. :: I '..,l....it,e ,':t'nd ach...e.S"..t ~::. S:'L~ -,:. ;"',~.? .) etr) .f"-=,C' ::. f~. c:'"i i::i.t.:-" c('j"s~~., - ,:1 C:.l ~-",. IICCfr's,~ t. C('(" t. 'r,E' :: ,==.t C'Cf.~lt. 'f.'i:::{C'-~. ~:. -fc-;y. rjc.~ 1 :i ~~'r'" ~S:1ncn..~'r)t. ~:;. Cl'(; i;:i c'a!.-:,E'-r):~f.'--c'a!:;.E' :::. :i ~:;" ~::-'Cc ~::. d :1 i 'f', "t. joo: t:. 1 a'(",cj'f ~t 11 ~ ~:L"flj 'f"'f? i ;n:()\..\'$"'~;.eroe'(s.t, '{ n r.( ~{ E' l.:<< a ~y' ) n t-:>'f"; '1'. .:~, C ( . .::. .:'''1 t:.? t'. CI 1 }, Cq..~;::. 'f'f'C{r.rI t rl'~.:;.. :)r.;l ~1., i '1.:' f'.,~:. 'r'.,:tc't. C('f.'" rt :.. :.:.;. '(..{'$PrC; E"r"=:. t (:-:c1ci t f'; t~ t. ~ ~~~r: ~R~~3~04~E ~~ ....--' ~ ---<"' . ,,,,",, '" -~ l_ ,~ ,..r-~'=::"" BOARD OF COUNTY COMMISSIONERS Wilhelmina Harvey, District 1 Mayor Pro Tem Gene Lytton, District 2 Douglas Jones, District 3 MAYOR Mike Puto, District 4 John Stormont, District 5 (305) 294,4641 :~ Florida Cooperative Extension Service P. O. Box 2545 Key West, Florida 33045 June 19, 1989 Ann Lazar Bureau of Submerged Lands Management 11400 Overseas Highway Suite 121 Marathon, Florida 33050 Dear Ms. Lazar: Monroe County would like to apply for a permit, if needed, to remove approximately 250 derelict vessels from Florida Keys waters. To our knowledge, no vessels have historical value; none are of suitable condition, material and/or size to be used on artifical reef sites. A Department of Environmental Regulation authorization letter for disposal is enclosed. In certain cases, some dredging may be necessary to access the derelict. All vessels have been identified by the Florida Marine Patrol as derelict vessels. They are now officially State property and the County is identified as the removal agent under a grant program (FS 376.15, 823.11, F.A.C.16N-16.29). We are in the process of applying for the grant. Please process and advise as soon as possible. Sincerely, ~1~ yY?; ~ ~4T=~'~ "" Jeffrey A. Fisher Extension Director/Marine Agent FL Boating Improvement Fund Liaison JAF/bcb Enc 1 . cc: Department of Natural Resources plus DV reports ~ STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES Marjory Stoneman Douglas Building. 3900 Commonwealth Boulevard. Tallahassee, Florida 32399 Tom Gardner, Executive Director May 30, 1989 Mr. Jeffrey A. Fisher Florida Cooperative Extension Service Post Office Box 2545 Key West, Florida 33045 Dear Mr. Fisher: Thank you for your letter dateq. May 23, 1989, requesting information as to the permitting process for the removal of derelict vessels. I can appreciate your concern in this area. However, as we have previously discussed, each derelict vessel is unique as to the extent, if any, for needing a removal or disposal permi t. Listed below are several example situations which may require specific permitting action: * Disposal of a vessel by burning - DER *, Relocation of a vessel to a permittedcreef site - USCG and US Army Corps of Engineers * Dredging of submerged lands to facilitate removal of a derelict vessel - DNR, DER and US Army Corps of Engineers * Removal of a derelict vessel with possible historical value _ Division of Historical Resources In order to best assist you with answering any specific permitting questions, I suggest that you coordinate locally with Ms. Ann Lazar, Field Supervisor for the Bureau of Submerged Lands Management. Ms. Lazar's office address is: Bureau of Submerged Lands Management 11400 Overseas HighHay, Suite 121 ~~rathon, FL 33050 (305) 743-4508 I have also enclosed a copy of a joint application for permit form hhich may need to be completed in certain instances. . Administration Beaches and Shores Law Enforcement Marine Resources Recreation and Parks Resource Management State Lands Bob Martinez Jim Smith Bob ButtelWorth Gerald Lewis Tom Gallagher ,Doyle Conner Betty Castor Governor Secn:uryofSta.le Attorney General SulcComplroller StatC'T~asurer. CommissionerofAgriculture . CommissiorieroCEducation Mr. Jeffrey A. Fisher May 30, 1989 Page Two Once you have identified the grant application, I believe more regarding any needed perrni tting. matter, please let me lmow. specific vessels to be included in your next definitive guidance can be given to you If I can be of further assistance in this Sincerely, -......., i"\ /'\ l~' I, l \. Ij......' . \.\ "\ '..J .~ L J'. (-, j- \1.'\,\\ . Rlchard L. Healy, Deputy Dlrector Marine Patrol Support Services Rlli/1t Enclosure cc: Major R. H. HcCullers Ms. Ann Lazar STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES Marjory Stoneman Douglas Building. 3900 Commonwealth Boulevard. Tallahassee, Florida 32399 Tom Gardner, Executive Director PLEASE ADDRESS REPLY TO: June 28, 1989 Division of State Lands Florida Keys Field Office 11400 Overseas Highway Suite 121 Marathon, Florida 33050 Mr. Jeffrey A. Fisher Extension Director/Marine Agent Post Office Box 2545 Key West, Florida 33045 Dear Mr Fisher: Mr. Fisher is hereby authorized to proceed with the removal of 250 derelict vessels that have been identified by the Florida Marine Patrol. (1) Compliance with and acceptance of the attached general consent conditions. (2) Disposal of the vessels is done in a manner deemed acceptable by the Florida Department of Environmental Regulation. Please consider this the conditional authority sought under Section 253.77, Florida Statutes, to pursue this project. This letter in no way waives the authority and/or jurisdiction of any governmental entity, nor does it disclaim any title interest that the State may have in this project site. We appreciate your cooperation. please feel free to contact me. If you have any questions, Sincerely, '\ /(;tYL- [ ~ )(>5~ Ann C. Lazar Division of State Lands Florida Keys Field Office ACL/mk Attachments CC: DER Major Long FMP Administration Beaches and Shores Law Enforcement Marine Resources Recreation and Parks Resource Management State Lands Bob Martinez Jim Smith Governor Secretary of State Bob ButtelWorth Gerald Lewis Tom Gallagher Attorney General State Comptroller State Treasurer Doyle Conner Com missioner of Agriculture Betty Castor Commissioner of Education BOB MAR71NC: (,ovanor State DEPARTMENT OF of Florida NATURAL RESOURCE$ J 1M SMITH ~cacury 01 StatC BOB Bl.'TrERWORTH ^nomc)' (,cncraJ MU.lory Stoncman Dou~lu buildJn~ 3900 Commonwealth boulcv.rd jalIahasscc. Florid.. 3:!399 GERALD LE\l.'IS ~tatC ComptrOllcr BILL GU""'ER ~u. tC 1 reuwcr TOM GARDNER executive DITcClor DOYLE CONNER CommlUloncr of ^P"'cuhw DEPARTMENT OF tlATURAL RESOURCES DIYISION OF STATE LANDS GEHERAL COtISEIlT CONDITIOtlS BETTY C^STOR Commwloncr of E.auuno: PLEASE ADDRESS REPLY TO: ~fS:.Y'~HiK 250 derelict vp.!';sels 1. No activities other than those set forth in the attached letter dated June 28. 1 C}HQ are authorized. Any additional activities on state-o~ned BOvere~9nt~ ~ubmerged lanos must receive further consent from the Governor and Cabinet. sitting as the Board of Trus~ees of the Internal Improvement Trust Fund (hereinafter the "Board") or their properly oesigna~ed agent. 2. Grantee agrees that all title and interest to all lands lying below the historical mean high water line or ordinary high water line are vested in the Board. and shall make no claim of title or interest in said lands by reason of the occupancy or use thereof. 3. Grantee agrees to use or occupy the subject premises for those purposes specified herein, and Grantee shall not permit the premises or any part thereof to be used or occupied for any other purpose or knowingly permit or suffer any nuisances or illegal operations of any kind on the premi ses. 4. Grantee agrees to maintain the premises in good condition in the interest of the public health, safety and welfare. The premises are SUbject to inspection by the Board or its designated agent at any reasonable time. 5. Grantee agrees to indemnify, defend and hold harmless the Board and the State of Florida from all claims, actions, l~wsuits and demands arising out of this consent. 6., No failure, or successive failures, on the part of the Board to enforce any provision, waiver or successive waivers on the part of the Board of any provisi~n herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Board of enforce the &aIIIe i'n the event of subseQuent breach. 7. Grantee binds itself and its successors and assigns, to abide by the provisipns and conditions set forth herein. In the event Grantee fails or refuses to comply with the provisions and conditions of this Consent, the consent ~f use may be terminated by the Board after written notice to the Grantee. Upon receipt of such notice, the Grantee shall have thirty (30) days in which ~o correct the violation. Failure to correct ~he violations wi~hin this period shall result in the automa~ic revocation of this let~er of consent. e. All costs, including attorneys' fees, incurred by the Board in enforcing the terms and condi~ions of this Consent shall be paid by the Grantee. Grantee asrees ~o accept service by certified mail of any notice reQuired by Chap~er 18-14, Florida Administra~ive Code, at the address shown on page one of this Agreement and further agrees ~o notify the Board in writing of any change of address at least ten oays before the change becomes effective. 9, Grantee agrees to assume responsibility for all liabilities that accrue to the sovereignty submerged land or ~o the improvements thereon. including any and all drainage or special assessment~ or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the property during the effective period of this consen~. 10. Grantee agrees that any dispute ar,s,ng from mat~ers relating ~o this Consent shall be governed by ~he laws of Florida and initia~ed only in Leon County, Florida. 11. The Letter of Consent associated with these General Consent Conditions as well as these conditions themselves are subject to modification after 5 years in order ~o reflect any applicable changes in statutes, rules or policies of the Board or its designated agent, 1Z. In the event that any part of the s~ructure(s) consented to herein is determined by a fina adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Grantee agrees to ei~hDr obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply shall constitute a material breach of this consent anc shall be grounds for its immediate termination. "Worklll~ to~cthcr \0 prolcct Florid.'s fu\ure" ~ .- (' I.-......:J (-....::', ~-__ i, \: (n_\ \ \ ~J'7( C ) Ii ~ \ \,,> - "---' '---=:.,1 U U ~. ~ Florida Department of Environmental Regulation South District . 2269 Bay Street . Fort Myers" Florida 33901-2896 . 813-332-2667 , ' Dale Twachtmann, Secretary John Shearer, Assistant Secretary Philip Edwards, Deputy Assistant Secretary Bob Martinez, Governor May 9, 1989 Capt. Thomas.W. Brown County Administrator Public Service Building Wing II Stock Island Key West, Florida 33040 Dear Capt. Brown: Thank you for your letter to R.J. Helbling concerning the Derelict Vessel Program in Monroe County. Your letter has been forwarded to me for response. You requested information on acceptable disposal methods for derelict vessels subsequent to confiscation by the Department of Natural Resources. The open burning of wooden vessels at a site deemed suitable to the Department would be acceptable, but only for the durafion of the Derelict Vessel Program. The vessel should be gutted, with items such as gas tanks, plastic cushions, etc. removed, prior to burning. The burning of vessels should be conducted in: such a manner that the burn is under control and adequate fire fighting equipment and personnel are present on site at all times. . Engaging the Fire Department to conduct fire suppression training burns on the derelict vessels might be a good method of insuring a well-supervised burn. The burning of vessels with fiberglass hulls would be acceptable only in modular combustors (incinerators) permitted by the Department. This could probably be accomplished most efficiently by compacting the vessel with heavy equipment to a size (or broken into pieces) that could be accommodated in the modular combustors (incinerators). Another alternativel'for the disposal of fiberglass vessels would be to place the vessel in the Long Key Landfill borrow pit. The vessel must first must be stripped clean of engines and all other Continued. ~ .. "'- .' . Capt. Thomas W. Brown May 9, 1989 Page Two d ',l.' materials which are a potential source of pollution. The vessel must also be properly ballasted with clean fill to ensure that the vessel sinks in the borrow pit. Other material associated with the vessels which are not appropriate for open burning, combustion or by disposal in the borrow pit, shall' be landfilled. Waste fuel or oil from vesselsl if any is extracted, shall be disposed of properly. The Long Key landfill Consent Order will be modified accordingly to include conditions regarding the disposal of derelict vessels. If you have any questions or need additional assistance regarding the Derelict Vessel Program, feel free to contact R.J. Helbling or Leslie Reuth at the Marathon Branch Office, 305/743/5955. Sincerely, ~/l4t~i' Philip R. Edwards /J Deputy Assistant ecretary . ' PRE/LR/mk . -~. cc: Jeff Fisher - Florida Cooperative Extension Service Major Ron McCullough - Florida Marine Patrol Leslie Rueth Ron Blackburn '.,-. , I. .. Florida Department of Environmental Regulation Sout:h Dist:rict: 0 2269 Bay Street . Fort Myers, Florida 33901-2896 . 813-332-2667 Bob M:ulInez, Governor Dale -t\vachtmann. Secretary John Shearer, Assistant Secretary Philip Edward\, Depuly Ass/Sl2R1 Sccrel2ry June 20, 1989 CERTIFIED MAIL NO. P 004 536 326 RETURN RECEIPT REOTJESTED Captain Thomas Brown County Administrator County of Monroe Stock Island Key West, Florida 33040 Re: Monroe C~nty - Sw OGC Case No. 89-0446 Dear Captain Brown: Attached is the final copy of Consent Order OGC Case No. 89-0446 to resolve violations noted in the complaint. Please have Commissioner Michael Puto sign the original and return it to this office within twenty (20) days of receipt of the Consent Order. After it has been executed by the Department, your copy will be returned to you. Your cooperation in this matter will be appreciated. - Enclosure Philip R. Edwards Deputy Assistant Secretary PRE/G.r>1/vo cc: File Tamir Ilan w/attachment Leslie Rueth 1K?~@~ITWmJID ~~ JlIN ~2:2 1988 .....VJ D.E.R. Marathon, Fl BEFORE THE STATE OF FLORIDA DEPART~mNT OF ENVIRONMENTAL REGULATION IN THE OFFICE OF THE SOUTH FLORIDA DISTRICT STATE OF FLORIDA DEPARTMENT ) OF ENVIRONMENTAL REGULATION ) , , Complainant, ) ) vs. ) ) MONROE COUNTY MUNICIPAL SERVICE ) DISTRICT ) ) Respondent ) ) OGC Case No. 89-0446 l""~"-~""'-I""~W '..'..) .~ ) ~..~....~ ..' ..... : '..' ) ~ '0]:-/'#. \ r"'. . ~ . · 'i J.' \ \. + i ,\}' J rI ,,\ ~ 1 '-J '." wi L 'I ,. \~''J uU ,!Un ;2'~ 1988 ' D.E.R. Marathon, FL CONSENT ORDER This Consent Order is entered into between the State of Florida, Department of Environmental Regulation (hereinafter "Department") and the Monroe County Municipal Service District (hereinafter "Respondent"). The Department finds and Respondent admits the following: 1. The Department of Environmental Regulation is the administrative agency of the State of Florida charged with the authority to administer and enforce Chapter 403, Florida Statutes (F.S.), and the rules promulgated thereunder in Florida Administrative Code Chapters 17.3, 17.4, 17-6, and 17.701. 2. Respondent is a municipal corporation of the State of Florida and is a person within the meaning of Section 403.031(5), Florida Statutes. 3. Respondent, owns and operates a Class I Sanitary Landfill known as the Long Key Landfill (hereinafter Landfill) # 1 ", 15. Respondent may dispose of fiberglass vessels in the on-site borrow pit, during the active life of the Landfill, under the following circumstances: A) The vessel is a derelict vessel. B) Engines, fuel tanks, fuel lines are first removed. C) Plastic cushions and other materials that may be a source of pOllution are first removed. D) The vessels are properly ballasted with clean fill to ensure the vessel sinks in the borrow pit. E) The Marathon DER office is notified prior to disposal of the vessel in the borrow pit. 16. Respondent, by official action of its County Commission shall within twelve (12) months of the effective date of this order hear presentations of the method or methods by which it proposes to replace the functions provided by this landfill. 17. Respondent shall make a selection of the method to be used within fourteen (14) months of the effective date of this order. The method or methods selected shall comply with Department standards as set forth in Chapter 403, Florida Statutes and Florida Administrative Code Rules 17-2, 17-3, 17-4 and 17-701. 18. Respondent shall submit necessary applications for the construction of the facility identified in Paragraph No. 17 above, within four month~ from the date the method of disposal is selected by the County Commission. 19. Respondent shall pay $250.00 for each day of each violation of the requirements of paragraphs 17 and 18. 20. Respondent and its engineer shall attend technical - ~ advisory committee meetings (TAC) with the Department as necessary ~ 6 FLORIDA SEA GRANT COLLEGE Building 803. IFAS 0341. University of Florida. Gainesville 32611 .0341 (904) 392-5870 Suncom 622-5870 June 8, 1989 FR: RE: Gustavo A. Antonini Dept. of Geography, UF /' / ~ James C. Cato, Directo~ ~ Conditions of Immediate Response Award .Please refer to this number .IR-89-6 in all correspondence. .concernina this award notice TO: 1. The project entitled "Derelict Vessel Siting Analysis," is approved. 2. Principal Investigator is G. A. Antonini. 3. Completion date is September 29, 1989 at which time a final written project report is due. 4. Amount of Sea Grant award: $400; duration: June 7, 1989 - September 29, 1989. 5. Funding is handled on a reimbursable basis. The invoice for reimbursement must may be made at the end of the grant. 6. Amount of matching funds, if applicable: N/A 7. Final fiscal report is due: October 31, 1989. 8. By copy of this memo the Sea Grant Extension Program is apprised of the project and requested to prepare appropriate and timely publicity. 9. Any manuscript submitted for publication must bear the notation, "This work is a result of research sponsored by NOAA, Office of Sea Grant, Department of Convnerce, under Grant Number NA86AA-D-SG068. The U.S. Government is authorized to produce and distribute reprints for governmental purposes not withstanding any copy right that may appear hereon.- 10. Independent of the copyright statement (item 9) credit for sponsorship by Com- merce and NOAA Sea Grant must be gi ven in the art i c1 e. Pl ease i nc1 ude the grant number. This office will pay reprint costs for articles based on this project, when sponsor credit is given. JCC/ml/IRAWARD.ltr cc: DSR Project file E. Newell Florida A&M University, Florida Atlantic University, Florida Institute of Technology, Florida International University, Florida State University. University of Central Florida, University of Florida, University of Miami, University of North Florida, University of South Florida, University of West Florida. The State University System of Florida is an Equal Opportunity Affirmative Action Employer. Department of Geography 3141 Turlington Hall Universitl,l of Florida . Gainesville. Florida 32611 . (904) 392-0494 TO: ..;ames C. Catc. Director, Florida Sea Grant FROM: Gustavo A. Antonini Professor cf Geography,~ <;' -".'" (. .------' SUBJECT: Response to Jeff Fisher's Request for Assistance on Derelict Vessel Siting DATE: 5 June 1'389 This is a follow-up of our ~elephone conversation of Friday, June 1st, regarding our willingness to assist the Monroe County Sea Grant Marine Advisory ?~ogram derelict vessel removal effort. \ We provided Jeff with a proposed scheme ~or prioritizing the removal effort. Jeff has requested our assistance but does not have resources available to underwrite map preparation costs. We can provide the technical services but need approximately $400.00 to cover: scribecoat film, zip-a-tone patterns, Kroy lettering, replacement pen nibs, tape, com~osite film positive repr.:.duction of 24" x 36" fai!'" drawings. The final prc.duct would be a 24" x 36" (c~..nera-ready) 'black-and- white map, 1:250,000 scale, of the Florida c:eys showing prioriti- zed derelict vessels, yated on the basis of e~vironmental i~pact and ease of removal. A text would accompany the map describing the cartographic analysis. We ask that Sea Grant cover prod'~ction of camera ready map copy, estimated ~t $400.00, a~d provide f~r ?ublication ~f the map and text with dissemination through t~e Sea Grant Program. This publicatior"1 \o1,:,'.:ld ~e joi~.-<;lY\L':~"-:'(,~G '_'i~~i ~.....(:. g?::g-:-aphy st:_\- dents. If the5e terms are satisf3ct0ry, ~e can complete the ~~qui~ed work in three months time, ~ith ~i~ished product on or about 31 August. Ki~dly advise. EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER