Item C
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Q
0\~
Meeting Date: December 8. 2008
Division: Engineering
Bulk Item: Yes
No~
Department:
Wastewater
Staff Contact Person: Elizabeth Wood
AGENDA ITEM WORDING: Approval to execute the Stakeholder Agreements for the Central,
South-Central and Southern Florida Keys Reasonable Assurance Document (FKRAD).
ITEM BACKGROUND: Submittal of the RAD requires commitment by Monroe County to complete
water quality improvement projects. The reasonable assurance process provides opportunity for
Monroe County to obtain compliance with water quality standards by completing presently planned
projects. Alternatively, water quality compliance will become a regulatory activity, subject to state
and federal permitting.
PREVIOUS RELEVANT BOCC ACTION: At the June 2007 BOCC meeting, the FKRAD
Stakeholder Agreement was presented for initial review and discussion of the Impaired Water Rule
requirements was discussed. On September 10, 2007, Florida Department of Environmental Protection
staff provided a Monroe County Informational Briefing about the RAD.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval as stated.
TOTAL COST:
$0
BUDGETED: Yes NA No
COST TO COUNTY:
$0
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM # C.
Revised 8/06
Engineering Division
MEMORANDUM
To:
Dave Koppel, County Engineer
From:
Elizabeth Wood, Sr. Administrator - Sewer Projects
Date:
12/2/2008
Re:
FKRAD Stakeholder Agreements
AGENDA ITEM WORDING: Approval to execute the Stakeholder Agreements for the Central, South-
Central and Southern Florida Keys Reasonable Assurance Documentation (FKRAD).
ITEM BACKGROUND: Staff began working with Scott McClellend of CDM in late 2006 to prepare
Reasonable Assurance Documentation (RAD) to demonstrate that water quality will be improved in the
Florida Keys through capital improvements and implementation of best management strategies as
required by Florida Administrative Code Section 32-303.00 (5). The FKRAD will be submitted to the
U.S. Environmental Protection Agency (EPA) for review and acceptance. Submittal of the FKRAD
requires commitment by Monroe County to complete Sanitary Wastewater Master Plan and Stormwater
Management Master Plan projects specified in the Stakeholder Agreements. Acceptance of the FKRAD
by EPA will avoid the development of a nutrient Total Maximum Daily Load standard and additional
regulation.
By electing to execute the Stakeholder Agreements, submit the FKRAD, and address water quality
through existing Master Plans, Monroe County is committing to complete wastewater projects by 2010.
A significant funding gap exists for the Cudjoe Regional project and recent question has arisen as to the
availability of the $200,000,000 in State Financial Assistance Grants. Completion of the projects
specified in the Stakeholder Agreements will require continued planning, engineering, construction, and
further development of funding plans.
Upon initial review of the Stakeholder Agreements, the County's Engineering Division expressed concern
shared with the Growth Management Division, to Commissioner Neugent regarding the approach to
farfield nutrient sources, near shore water quality monitoring, and the Florida Keys Aqueduct Authority's
responsibilities for reporting progress. Recommendations made by the County's Engineering Division
were satisfactorily incorporated into the Stakeholder Agreements. Signature to the Stakeholder
Agreements does not signify agreement with all the information in the FKRAD technical documents.
PREVIOUS RELEVANT BOCC ACTION: At the June 2007 BOCC meeting, the FKRAD
Stakeholder Agreement was presented for initial review and discussion of the Impaired Water Rule
requirements was discussed. On September 10, 2007, Florida Department of Environmental Protection
staff provided a Monroe County Informational Briefing about the FKRAD.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated.
-I
Central Keys Area
Reasonable Assurance Documentation
STAKEHOLDER AGREEMENT
Monroe County
Background
Whereas, the Signatory to this Agreement recognizes that the Florida Keys are a unique and
irreplaceable natural system that constitutes a local, State and National treasure; and
Whereas, the Signatory to this Agreement recognizes that the Florida Keys are a linear collection
of small watersheds which are hydrologically connected at the local level by the nearshore waters of the
Keys; and
Whereas, the Signatory to this agreement has an interest and an obligation to manage local
anthropogenic nutrient contributions in order to control cumulative water quality impacts within the local
zone of impact in the nearshore waters of the Florida Keys; and
Whereas, the Signatory to this Agreement recognizes that the Florida Keys are continuously
impacted by nutrient concentrations in offshore waters associated with a wide range of natural sources
and phenomena including deep ocean upwelling, micro-nutrient and viruses in African dust storms that
reach the Keys; and
Whereas. the Signatory to this Agreement recognizes that water qualiiy in the nearshore waters of
the Florida Keys are continuously influenced by their interactions with offshore waters and loop currents
that have elevated nutrient concentrations attributable to a wide range of anthropogenic activities far
outside of the Florida Keys; and
Whereas, the Signatory to this Agreement does not control the major sources of nutrient loading
into the offshore and nearshore waters surrounding the Florida Keys; and
Whereas, the Signatory to this Agreement wishes, nevertheless, to control the nutrient loading
generated by local wastewater and stormwater discharges to the extent practicable and
Whereas, the Signatory to this Agreement recognizes that elevated nutrient concentrations have
contributed to the degradation of water quality in the Florida Keys; and
Whereas, the Signatory to this Agreement recognizes that a portion of the nutrients in the
nearshore waters of the Florida Keys originate from anthropogenic activities occurring within the Florida
Keys which are within the purview and scope of authority of the local Keys governments and agencies;
and
Whereas. the Signatory to this Agreement recognizes that a portion of the nutrients in the
nearshore waters of the Florida Keys originate from anthropogenic activities outside of the Florida Keys
and are not within the purview and scope of authority of the local Keys governments and agencies; and
Whereas, the Signatory to this Agreement is interested in managing the water quality in the
Florida Keys to preserve and improve the aquatic environment and living resources now existing in the
Florida Keys; and
Page 1 of5
Whereas, the Signatory to this Agreement recognizes that a comprehensive approach Is needed
to reduce nutrients and address water quality issues within the Florida Keys; and
Whereas, mu~iple regulatory, technical assistance, research, and education programs have been
developed, are well coordinated and form a comprehensive approach to address the full scope of water
quality issues within the Florida Keys; and
Whereas, a substantial level of federal, state, regional, local and private resources are being
sought and committed to, and a new coordinated approach must recognize and build upon effort and
progress from the work of all of these programs; and
Whereas, the far/ield nutrient discharges that affect the Florida Keys watersheds will be addressed
under Total Maximum Daily Load (TMDL) and other regulatory and non-regulatory programs for other
areas of Florida and the Gulf of Mexico; and
Whereas, the resource management actions identffied in this agreement are deemed effective in
improving water quality within the Florida Keys watersheds that are attributable to the local wastewater
and stormwater discharges.
Now therefore, in consideration ofthe foregoing premises, which are made part of this Agreement,
the Signatory hereby agrees to the following;
I. Geographic Applicability
The geographic area of this agreement is limited to the Central Keys Area.
II. Participants in the Central Keys Area Reasonable Assurance Document
The following municipalities and agencies are participants in the Central Keys Area Reasonable
Assurance Document:
. City of Key Colony Beach;
. City of Layton;
. City of Marathon;
. Monroe County;
. Florida Department of Transportation; and
. Florida Division of Recreation and Parks.
III. MIssion
The common mission of the signatories ofthis agreement is to reduce the annual discharge of nutrients to
the halo zone waters ofthe Central Keys Area (WBIDs 601 0, 6011 A, 6011 B, 6011 C, and 6016) in order to
protect and enhance the unique marine environment ofthe nearshore waters of this portion ofthe Florida
Keys. To this end the signatory stakeholders agree to:
1. Work with the Florida Keys National Marine Sanctuary (FKNMS) and Water Quality Steering
Committee to assess anthropogenic sources of total nitrogen and total phosphorus being
discharged to the halo zone waters;
2. Work individually to provide reductions of locally generated anthropogenic nutrient concentrations
in the local halo zones;
3. Work collaboratively to minimize discharges of anthropogenic sources of total nitrogen and tolal
phosphorus to waters of these watersheds in compliance with existing federal and slate laws and
Page 2 of 5
rules and regional requirements, and emphasizing other (if any) programs for protecting the
environment and public health;
4. Coordinate and collaborate with federal, state, regional agencies/programs, local governments
and Interested parties to improve the coordination, use and benefits provided by existing
regulatory, technical assistance, research, and education programs; and,
5. Work individually and collaboratively to provide the required funding for wastewater and
stormwater management activities using local, regional, state or federal funding
IV. Guiding Principles
The signatory stakeholders agree to adopt the following guiding principles in achieving the mission:
1. Use a comprehensive, regionally integrated management approach to address Class III marine
water quality standards for halo zone waters and encourage timely implementation of proposed
and planned management actions within the Florida Keys watersheds as required by Chapter 99-
395, Laws of Florida.
2. Focus on management approaches which are technically feasible, economically practicable, and
protective of the environment and public health.
3. Implement wastewater management actions - including wastewater collection, treatment and
disposal practices - as required by Chapter 99-395, Laws of Florida, as amended as a primary
management practice for reducing nutrient discharges to the halo zone waters.
4. Implement stormwater management actions - including regulations, design standards and criteria,
education programs, collection systems and treatment facilities, and O&M activities throughout
their watersheds to achieve Class III water standards in the halo zone waters.
5. Maximize availability of local resources to the extent practicable, and the efficient coordination of
federal, state, and regional agency resources and programs, and..local resources and avoid
unnecessary duplication of efforts.
6. Where appropriate, pursue opportunities for joint projects that provide more cost effective
solutions and may make better use of consolidated and coordinated funding of projects.
7. Seek reasonable solutions that can be embraced by leaders and stakeholders in the Keys
communities and at all levels of government.
8. Develop consensus measures of success that include monitoring of the progress of management
actions.
9. Achieve results that satisfy regulatory requirements.
10. Support the water quality monitoring of the FKNMS and others to measure the effectiveness of
implemented water quality improvement measures.
11. Continue to make good faith efforts in funding incentive-based programs.
12. Participate in annual reporting activities that demonstrate successful reduction of nutrient
discharges.
V. Organization
The signatories, through their own individual efforts, combined with interlocal cooperation and the
integrated efforts of numerous federal, state and local programs, have created a fabric of regulatory,
operational, capital construction and educational programs that function collectively as an integrated
management plan for the multiple watersheds in the Florida Keys.
While no designated leader or management committee exists for this informal watershed plan, there are a
number of oversight entities that provide guidance and leadership including:
Page 3 of 5
. DCA (by virtue of the Keys' designation as a Area of Critical State Concern);
. Florida Keys National Marine Sanctuary Steering Committee; and
. Sanctuary Advisory Committee.
Primary planning activ~ies have been accomplished by the individual stakeholder governments for their
jurisdictional areas. These planning activities have received a defacto integration effort through a number
of studies, regulations and overlay planning including:
. Monroe County Sanitary Wastewater Master Plan;
. Monroe County Stormwater Master Plan;
. Growth Management Act, Chapter 163, Part II, Florida Statutes
. Monroe County Comprehensive Plan, regulated under Chapter 9J-14, Florida Administrative
Code;
. Florida Keys Carrying Capacity Plan;
. FDEP's wastewater and stormwater management regulations;
. Designation of the Florida Keys as an Area of Critical State Concern, Chapters 163 and 380,
Florida Statutes;
. Chapter 9J-5, Florida Administrative Code, Comprehensive Growth Management (monitored by
DCA); and
. Chapter 99-395, Laws of Florida, as amended.
The combination of wastewater and stormwater regulatory programs will continue to address the specific
impairments to water quality recognized at the time of signature.
This agreement applies only to the currently identified nutrient impairment in the halo zone WBIDs
previously identified in Paragraph III. Nutrient impairments in other halo zonfil WBIDs in the Florida Keys
will be addressed through a separate agreement(s) and the participation of appropriate stakeholders.
VI. Education, Outreach and Implementation
For the signatory stakeholders to accomplish their mission, education on the issues and solutions,
including effective transfer of knowledge and technology, are essential components of implementation of
the efforts of the Technical Working Groups.
VII: Stakeholder Involvement and Commitments
For the collective stakeholders to be successful, the involvement of each individual stakeholder is cr~ical.
As part of this framework agreement, a process for stakeholder involvement is developed and will be
implemented by the signatories. This commitment is based on mutual cooperation, shared objectives,
fairness, and the support and participation from the Parties to this Agreement.
Specific management action commitments of the signatory stakeholder, with respect to the Central Keys
Area Reasonable Assurance Document, are defined in the Central Keys Area as summarized in their
entirety in the following table:
Page 4 of 5
MONROE COUNTY
PROPOSED AND IMPLEMENTED MANAGEMENT PRACTICES
Estimated Tolal Estimated Total Actual or
WBID Management Action Nltrogan Load Phosphorous Anticipated
Reduction Load Reduction OperetionaJ Date
(Ibslyear) ~bslyea~
IMPLEMENTED MANAGEMENT PRACTICES
8018 Gravity Colloctlon System; 150 EDUs In Conch 785 393 2005
Key
PROPOSED FUTURE MANAGEMENT PRACTICES
6018 Gravity Collection; 0.2 mgd WWTP upgrade to 2,228 1,113 No later than
AWT June 2010
CENTRAL KEYS AREA
MONROE COUNTY TOTAL NUTRIENT REDUCTIONS 3,011 1.506
VIII. Measures of Success
Water quality issues in the Florida Keys watersheds have developed from various inputs over an extended
period of time. Successfully addressing these issues will require sufficlenttimeto implement management
changes and evaiuate their effect. Specific measures of success include:
. Reporting that specific management actions previously identified in VII (n any) have been
implemented as of a specific date:
. Annually reporting that specnic management actions previously identified in VII (if any) are being
operated and maintained to achieve their design treatment levels; and
. Reliance on the Florida Keys Aqueduct Authority (FKAA) to submit monthly Discharge Monitoring
Reports (DMRs) to FDEP for permitted wastewater treatment facilities to substantiate the actual
levels of nutrient reduction being achieved by the operating systems on a continuing basis.
IX. Condition to Effectiveness
The signatories hereby agree that In the event the United States Environmental Protection Agency does
not acceptthe Florida Keys Reasonable Assurance Document for the Central Keys Area in lieu of the total
maximum daily load approach under the Federal Clean Water Act. then this Agreement shall automatically
be terminated and shall be of no further force or effect.
The undersigned, an authorized agent of the Monroe County, agrees to the foregoing Stakeholders
Agreement for the Central Keys Area Reasonable Assurance Documentation:
Attest:
Monroe County
Name. Title
Name. Tijie
Date:
Date:
MONROE COUNTY ATTOR
AP VED AS TO F
Page 5 of 5
nl'lt!'>
-J
Southern Central Keys Area
Reasonable Assurance Documentation
STAKEHOLDER AGREEMENT
Monroe County
Background
Whereas, the Signatory to this Agreement recognizes that the Florida Keys are a unique and
irreplaceable natural system that constitutes a local, State and National treasure; and
Whereas, the Signatory to this Agreement recognizes thalthe Florida Keys are a linear collection
of small watersheds which are hydrologically connected at the local level by the nearshore waters of the
Keys; and
Whereas, the Signatory to this agreement has an interest and an obligation to manage local
anthropogenic nutrient contributions in order to control cumulative water quality impacts within the locai
zone of impact in the nearshore waters of the Florida Keys; and
Whereas, the Signatory to this Agreement recognizes that the Florida Keys are continuously
impacted by nutrient concentrations in offshore waters associated with a wide range of natural sources
and phenomena including deep ocean upwelling, micro-nutrient and viruses in African dust storms that
reach the Keys; and
Whereas, the Signatory to this Agreement recognizes that water quality in the nearshore waters of
the Florida Keys are continuously influenced by their interactions with offshore waters and loop currents
that have elevated nutrient concentrations attributable to a wide range of anthropogenic activities far
outside of the Florida Keys; and
Whereas, the Signatory to this Agreement does not control the major sources of nutrient loading
into the offshore and nearshore waters surrounding the Florida Keys; and
Whereas, the Signatory to this Agreement wishes, nevertheless, to control the nutrient loading
generated by local wastewater and stormwater discharges to the extent practicable and
Whereas, the Signatory to this Agreement recognizes that elevated nutrient concentrations have
contributed to the degradation of water quality in the Florida Keys; and
Whereas, the Signatory to this Agreement recognizes that a portion of the nutrients in the
nearshore waters of the Florida Keys originate from anthropogenic activities occurring within the Florida
Keys which are within the purview and scope of authority of the local Keys governments and agencies;
and
Whereas, the Signatory to this Agreement recognizes that a portion of the nutrients in the
nearshore waters of the Florida Keys originate from anthropogenic activities outside of the Florida Keys
and are not within the purview and scope of authority of the local Keys governments and agencies; and
Whereas, the Signatory to this Agreement is interested In managing the water quality in the
Florida Keys to preserve and improve the aquatic environment and living resources now existing in the
Florida Keys; and.
Page 1 of6
Whereas. the Signatory to this Agreement recognizes that a comprehensive approach is needed
to reduce nutrients and address water quality issues within the Florida Keys; and
Whereas, multiple regulatory, technical assistance, research, and education programs have been
developed, are well coordinated and form a comprehensive approach to address the full scope of water
quality issues within the Florida Keys; and
Whereas, a substantial level of lederal, stale, regional. local and private resources are being
sought and committed to, and a new coordinated approach must recognize and build upon effort and
progress from the work 01 all 01 these programs; and
Whereas, the farlield nutrient discharges that affect the Rorida Keys watersheds wili be addressed
under Total Maximum Daily Load (TMDL) and other regulatory and non-regulatory programs for other
areas 01 Florida and the Gulf of Mexico; and
Whereas, the resource management actions identified in this agreement are deemed effective in
Improving water quality within the Florida Keys watersheds that are attributable to the local wastewater
and stormwater discharges.
Now therefore, in consideration 01 the foregoing premises, which are made part of this Agreement,
the Sig natory hereby agrees to the following:
I. Geographic Applicability
The geographic area 01 this agreement is limited to the Southern Central Keys Area.
II. Participants In the Southern Central Keys Area Reasonable Assurance Document
The following municipalities and agencies are participants in the Southern Central Keys Area Reasonable
Assurance Document:
. Monroe County;
. Florida Department of Transportation;
. Florida Division of Recreation and Parks; and
. U. S. Navy.
III. Mission
The common mission of the signatories 01 this agreement is to reduce the annuai discharge of nutrients to
the halo zone waters 01 the Southern Central Keys Area (WBIDs 6012A, 6012C, 60120, 6012E, 6013A,
6013B, 6013C, 60130, 6014C and 601 B) in order to protect and enhance the unique marine environment
ofthe nearshore waters of this portion ofthe Florida Keys. To this end the signatory stakeholders agree to:
1. Work with the Florida Keys National Marine Sanctuary (FKNMS) and Water Quality Steering
Committee to assess anthropogenic sources 01 total nitrogen and total phosphorus being
discharged to the halo zone waters;
2. Work individually to provide reductions of locally generated anthropogenic nutrient concentrations
in the local halo zones;
3. Work collaboratively to minimize discharges 01 anthropogenic sources of total nitrogen and total
phosphorus to waters of these watersheds in compliance with existing federal and state laws and
rules and regional requirements, and emphasiZing other (if any) programs for protecting the
environment and public health;
Page 2 of6
4. Coordinate and collaborate with federal, state, regional agencies/programs, local governments
and interested parties to improve the coordination, use and benefits provided by existing
regulatory, technical assistance, research, and education programs; and,
5. Work individually and collaboratively to provide the required funding for wastewater and
slormwater management activities using local, regional, state or federal funding
IV. Guiding Principles
The signatory stakeholders agree to adopt the following guiding principles in achieving the mission:
1. Use a comprehensive, regionally integrated management approach to address Class III marine
water quality standards for halo zone waters and encourage timely implementation of proposed
and planned management actions within the Florida Keys watersheds as defined by Chapter 99-
395, Laws of Florida.
2. Focus on management approaches which are technically feasible, economically practicable, and
protective of the environment and public health.
3. Implement wastewater management actions - including wastewater collection, treatment and
disposal practices - as required by Chapter 99-395, Laws of Florida, as amended as a primary
management practice for reducing nutrient discharges to the halo zone waters.
4. Implement stormwater management actions- including regulations, design standards and criteria,
education programs, collection systems and treatment facilities, and O&M activities throughout
their watersheds to achieve Class III water standards in the halo zone waters.
5. Maximize availability of local resources to the extent practicable, and the efficient coordination of
federal, state, and regional agency resources and programs, and local resources and avoid
unnecessary duplication of efforts.
6. Where appropriate, pursue opportunities for joint projects that p~ovide more cost effective
solutions and may make better use of consolidated and coordinated funding of projects.
7. Seek reasonable solutions that can be embraced by leaders and stakeholders in the Keys
communities and at all levels of government.
8. Develop consensus measures of success that include monitoring of the progress of management
actions.
9. Achieve results that satisfy regulatory requirements.
10. Support the water quality monttorlng of the FKNMS and others to measure the effectiveness of
implemented water quality improvement measures.
11. Continue to make good faith efforts in funding incentive-based programs.
12. Participate in annual reporting activities that demonstrate successful reduction of nutrient
discharges.
V. Organization
The signatories, through their own individual efforts, combined with interlocal cooperation and the
Integrated efforts of numerous federal. state and local programs, have created a fabric of regulatory,
operational, capital construction and educational programs that function collectively as an integrated
management plan for the multiple watersheds in the Florida Keys.
While no designated leader or management committee exists for this informal waters~ plan, there are a
number of oversight entities that provide guidance and leadership Including;
. DCA (by virtue of the Keys' designation as a Area of Critical State Concern);
. Florida Keys National Marine Sanctuary Steering Committee; and
Page 3 of 6
. Sanctuary Advisory Committee.
Primary planning activities have been accomplished by the individual stakeholder governments for their
jurisdictional areas. These planning activities have received a defacto integration effort through a number
of studies, regulations and overlay planning including:
. Monroe County Sanitary Wastewater Master Plan:
. Monroe County Stormwater Master Plan;
. Growth Management Act, Chapter 163, Part II, Florida Statutes
. Monroe County Comprehensive Plan, regulated under Chapter 9J-14, Florida Administrative
Code;
. Florida Keys Carrying Capacity Plan;
. FDEP's wastewater and stormwater management regulations;
. Designation of the Florida Keys as an Area of Critical State Concern, Chapters t63 and 380,
Florida Statutes;
. Chapter 9J-5, Florida Administrative Code, Comprehensive Growth Management (monitored by
DCA); and
. Chapter 99-395, Laws of Florida, as amended.
The combination of wastewater and stormwater regulatory programs will continue to address the specific
impairments to water quality recognized at the time of signature.
This agreement applies oniy to the currently identified nutrient impairment in the halo zone WBIDs
previously identified in Paragraph III. Nutrient impairments in other halo zone WBIDs in the Florida Keys
will be addressed through a separate agreement(s) and the participation of appropriate stakeholders.
VI. Education, Outreach and Implementation
For the signatory stakeholders to accomplish their mission, education on the issues and solutions,
including effective transfer of knowledge and technology, are essential components of implementation of
the efforts of the Technical Working Groups.
VII. Stakeholder Involvement and Commitments
For the collective stakeholders to be successful, the involvement of each individual stakeholder is critical.
As part of this framework agreement, a process for stakeholder involvement is developed and will be
implemented by the signatories. This commitment is based on mutual cooperation, shared objectives,
fairness, and the support and participation from the Parties to this Agreement.
Specific management action commitments of the signatory stakeholder, with respect to the Southern
Centrel Keys Area Reasonable Assurance Document, are summarized in their entirety in the following
table:
Page 4 of 6
MONROE COUNTY
PROPOSED AND IMPLEMENTED MANAGEMENT PRACTICES
Estimated Total Estimated Total Actual or
WBID Management ActIon Nitrogen Load Phosphorous Anticipated
Reduction Load Reduction Operational Date
~bslyear) ~bs/year)
IMPLEMENTED MANAGEMENT PRACTICES
Construction of the Bay Point central sanitary sewer
6013A-N system to serve 66 EDUs on with an AWT (5-5-3-1) 408 120 2007
trealmant laclllty and nominal 90.100t eIIIuant
disposel well (Monroe CountylFKAA]
Construction of the Bay Point central sanitary-sewer
6013A-S system .. sarva 346 EDUs on with an AWT (5-5-3. 2,147 632 2007
1) treatment faclllty and nominal 90-foot effluent
disposal wall [Monroa County/FKAA]
PROPOSED FUTURE MANAGEMENT PRACTCES
Construction of the South lower Keys central
6014G-N sanitary sewer system to serve 936 EDUs on with 7,605 2,124 2009
an AWT (5.5-3-1) treatmant facility and norninal90-
loot elfluant disposel well [Monroa County/FKAA]
Construction of 1I1a Sou1l1 Lower Keys control
6014G-S sanitary sewer system to serve 686 EDUs on with 4,027 1,557 2009
an AWT (5-5-3-1) treatrnentfacility and nomlnal9D-
loot effluent disposel well (Monroe County/FKAA]
Construction of the Middle Lower Keys central
6013B-N sanitary sewer system to serve 66 EOUs on with an 538 103 June 2009
AWT (5-5-3-1) treatmantfacllity and nomlnal90-loot
alftuant disposal well [Monroe County/FKAA]
Construction of the Middle Lower Keys central
6013C-N sanitary sewer system to serve 665 EDUs on with 4,580 1,116 June 2009
an AWT (5-5-3-1) treatmentfacllity and nominal 90-
loot eIIIuenl disposal well [Monroe CountyJFKAAJ
Construction of the Middle lower Keys central
601SG-S sanitary sewer system to serve 2,860 EDUs on with 19,521 5,665 Juna 2009
an AWT (5-5-3-1) treatmantfaclllty and nominal 90-
loot effluent disposal well (Monroe County/FKAA)
Construction of the Middle Lower Keys central
6013D-N sanitary sewer system to selVe 9 EDUs on with an 70 21 June 2009
AWT (5-5-3-1) treatrnentfaciity and norninal90-foot
effluent disposal well [Monroe County/FKAA]
Construction of tI1e North Lower Keys cenlrel
6012A-N sanitary sewer system to serve 2,815 EDUs on with 19,640 5,737 December 2010
en AWT (5-5-3-1) treatrnentfaclllty and nominal 90-
foot effluent disposal well [Monroe County/FKAAJ
Construction of the North Lower Keys central
6012A-S sanftary sewer system to serve 813 EDUs on with 5,876 1,724 December 2010
an AWT (5..s-3~ 1) treatment facility and nominal 90-
fOOl effluent disposal well [Monroe County/FKAAl
Construction of the North Lower Keys central
6012G-N sanllaly sewer system to serve 24 EDUs on with an 164 48 December 2010
AWT (5-5-3-1) treatmentfaclllty and nominal SO-foot
effluent disposal well [Monroe County/FKAA]
Construction of the North Lower Keys central
6012D-8 sanitary sewer system to serve 43 EDUs on with an 291 84 December 2010
AWT (5-5-3-1) treatment facillly and nominal9Q-foot
effluent cflSpOsaJ well [Monroe County/FKAAl
Page 5 of 6
WBID
Management Action
Estimated Total
Nnrogen Loed
Reduction
(Ibs/year)
Estimated Total
Phosphorous
load Reduction
(lbsIyear)
Actual or
Anticipated
OperatlonaJ Date
6012E-N
Construction of the North Lower Keys central
sanitary sewer system to serve 94 EDUs on with an
AWT (5-5-3.1) trea1mentfaclll1y and nomlnaI9().foot
affluent dlspoeel well [Monroe County/FKAA]
SOUTH-CENTRAL KEVS AREA
MONROE COUNTY TOTAL NUTRIENT REDUCTIONS
1,003
286
Daoember 2010
65,S70
19,217
VIII. Measures of Success
Water quality issues in the Florida Keys watersheds have developed from various inputs over an extended
period oftime, Successfully addressing these issues will require sufficient time to implement management
changes and evaluate their effect. Specific measures of success Include:
. Reporting that specific management actions previously identified in VII (if any) have been
implemented as of a specific date:
. Annually reporting that specific management actions previously identified in VII (if any) are being
operated and maintained to achieve their design treatment levels; and
. Reliance on the Florida Keys Aqueduct Authority (FKAA) to submit monthly Discharge Monitoring
Reports (DMRs) to FDEP for permitted wastewater treatment facilities to substantiate the actual
levels of nutrient reduction being achieved by the operating systems on a continuing basis,
IX. Condition to Effectiveness
The signatories hereby agree that in the event the United States Environmental Protection Agency does
not acceptthe Florida Keys Reasonable Assurence Document forthe Southern Central Keys Area in lieu
of the total maximum daily load approach under the Federal Clean Water Act, then this Agreement shall
automatically be terminated and shall be of no further force or effect.
The undersigned, an authorized agent of the MonrOe County, agrees to the foregoing Stakeholders
Agreement for the Southern Central Keys Area Reasonable Assurance Documentation;
Allest:
Monroe County
Name, Title
Name, Title
Date:
Date:
Page 6 of 6
Date
J
Southern Keys Area
Reasonable Assurance Documentation
STAKEHOLDER AGREEMENT
Monroe County
Background
Whereas, the Signatory to this Agreement recognizes that the Florida Keys are a unique and
irreplaceable naturai system that constitutes a local, State and National treasure; and
Whereas, the Signatory to this Agreement recognizes that the Florida Keys are a linear collection
of small watersheds which are hydrologically connected at the local level by the nearshore waters of the
Keys; and
Whereas, the Signatory to this agreement has an interest and an obligation to manage local
anthropogenic nutrient contributions in order to control cumulative water quality impacts within the local
zone of impact in the nearshore waters of the Florida Keys; and
Whereas, the Signatory to this Agreement recognizes that the Florida Keys are continuously
impacted by nutrient concentrations in offshore waters associated with a wide range of natural sources
and phenomena including deep ocean upwelling, micro-nutrient and viruses in African dust storms that
reach the Keys; and
Whereas, the Signatory to this Agreement recognizes that water qualliy in the nearshore waters of
the Florida Keys are continuously influenced by their interactions with offshore waters and loop currents
that have elevated nutrient concentrations attributable to a wide range of anthropogenic activities far
outside of the Florida Keys; and
Whereas, the Signatory to this Agreement does not controi the major sources of nutrient loading
into the offshore and nearshore waters surrounding the Florida Keys; and
Whereas, the Signatory to this Agreement wishes, nevertheless, to control the nutrient loading
generated by local wastewater and stormwater discharges to the extent practicable and
Whereas, the Signatory to this Agreement recognizes that elevated nutrient concentrations have
contributed to the degradation of water quality in the Florida Keys; and
Whereas, the Signatory to this Agreement recognizes that a portion of the nutrients in the
nearshore waters of the Florida Keys originate from anthropogenic activities occurring within the Florida
Keys which are within the purview and scope of authority of the local Keys governments and agencies;
and
Whereas, the Signatory to this Agreement recognizes that a portion of the nutrients in the
nearshore waters of the Florida Keys originate from anthropogenic activities outside of the Florida Keys
and are not within the purview and scope of authority of the local Keys governments and agencies; and
Whereas, the Signatory to this Agreement is interested in managing the water quality In the
Florida Keys to preserve and improve the aquatic environment and living resources now existing in the
Florida Keys; and
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Whereas, the Signatory to this Agreement recognizes that a comprehensive approach is needed
to reduce nutrients and address water quality issues within the Florida Keys; and
Whereas, muitlple regulatory, technical assistance, research, and education programs have been
developed, are well coordinated and form a comprehensive approach to address the full scope of water
quality issues within the Florida Keys; and
Whereas, a substantial level of federal, state, regional, local and private resources are being
sought and committed to, and a new coordinated approach must recognize and build upon effort and
progress from the work of all of these programs; and
Whereas, the farfield nutrient discharges that affeclthe Florida Keys watershed will be addressed
under Total Maximum Daily Load (TMDL) and other regulatory and non-regulatory programs for other
areas of Florida and the Gulf of Mexico; and
Whereas, the resource management actions identified in this agreement are deemed effective In
improving water quality within the Florida Keys watersheds that are attributable to the local wastewater
and stormwater discharges.
Nowtherefore, in consideration of the foregoing premises, which are made part ofthis Agreement,
the Signatory hereby agrees to the following:
I. Geographic Applicability
The geographic area of this agreement is limited to the Southern Keys Area.
II. Participants In the Southern Keys Area Reasonable Assurance Document
The following municipalities and agencies are participants in the Southern Keys Area Reasonable
Assurance Document:
. City of Key West;
. Monroe County;
. Florida Department of Transportation; and
Florida Division of Recreation and Parks.
III. Mission
The common mission of the signatories ofthis agreement is to reduce the annual discharge of nutrients to
the halo zone waters of the Southern Keys Area (WBIDs 6014A and 6014B) in order to protect and
enhance the unique marine environment of the nearshore waters of this portion of the Florida Keys. To
this end the signatory stakeholders agree to:
1. Work with the Florida Keys National Marine Sanctuary (FKNMS) and Water Quality Steering
Committee to assess anthropogenic sources of total nitrogen and total phosphorus being
discharged to the halo zone waters;
2. Work individually to provide reductions of locally generated anthropogenic nutrient concentrations
in the local haio zones;
3. Work collaboratively to minimize discharges of anthropogenic sources of total nitrogen and total
phosphorus to waters of these watersheds in compliance with existing federal and state laws and
rules and regional requirements, and emphasizing other (ff any) programs for protecting the
environment and public health;
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4. Coordinate and collaborate with federai, state, regional agencies/programs, local governments
and interested partIes to improve the coordination, use and beneflls provided by existing
regulatory, technical assistance, research, and education programs; and,
5. Work individually and collaboratively to provide the required funding for wastewater and
stormwater management activities using local, regional, state or federal funding
IV. Guiding Principles
The signatory stakeholders agree to adopt the following guiding principles in achieving the mission:
1. Use a comprehensive, regionally integrated management approach to address Class III marine
water quality standards for halo zone waters and encourage timely implementation of proposed
and planned management actions within the Florida Keys watersheds as defined by Chapter 99-
395, Laws of Florida.
2. Focus on management approaches which are technically feasible, economically practicable, and
protective of the environment and pUblic health.
3. Implement wastewater management actions - including wastewater collection, treatment and
disposal practices - as required by Chapter 99-395, Laws of Florida, as amended as a primary
management practice for reducing nutrient discharges to the halo zone waters.
4. Implement stormwater management actions - including regulations, design standards and criteria,
education programs, collection systems and treatrnentfacilities, and O&M activities -throughout
their watersheds to achieve Class III waler standards In the halo zone waters.
5. Maximize availability of local resources to the extent practicable, and the efficient coordination of
federai, state, and regional agency resources and programs, and local resources and avoid
unnecessary duplication of efforts.
6. Where appropriate, pursue opportunities for joint projects that provide more cost effective
solutions and may make better use of consolidated and coordinated funding of projects.
7. Seek reasonable solutions that can be embraced by leaders and stakeholders in the Keys
communities and at all levels of government.
B. Develop consensus measures of success that include monitoring of the progress of management
actions.
9. Achieve results that satisfy regulatory requirements.
10. Support the water quality monitoring of the FKNMS and others to measure the effectiveness of
impiemented water quality improvement measures.
11. Continue to make good faith efforts in funding incentive-based programs.
12. Participate in annual reporting activities that demonstrate successful reduction of nutrient
discharges.
V. Organization
The signatories, through their OWn individual efforts, combined with interlocal cooperation and the
integrated efforts of numerous federal, state and local programs, have created a fabric of regulatory,
operational, capital construction and educational programs that function collectively as an integrated
management plan for the multiple watersheds in the Florida Keys.
While no designated leader or management committee exists for this informal watershed plan, there are a
number of oversight entities that provide guidance and leadership Including:
. DCA (by virtue of the Keys' designation as a Area of Critical Stale Concern);
. Florida Keys National Marine Sanctuary Steering Committee; and
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. Sanctuary Advisory Committee.
Primary planning activities have been accomplished by the individual stakeholder governments for their
jurisdictional areas. These planning activities have received a defacto integration effort through a number
of studies. regulations and overlay planning including:
. Monroe County Sanitary Wastewater Master Plan;
. Monroe County Stormweter Master Plan;
. Growth Management Act. Chapter 163. Part II, Florida Statutes
. Monroe County Comprehensive Plan. regulated under Chapter 9J-14, Florida Administrative
Code;
. Florida Keys Carrying Capacity Plan;
. FDEP's wastewater and stormwater management regulations;
. Designation of the Florida Keys as an Area of Critical State Concern. Chapters 163 and 380.
Florida Statutes;
. Chapter 9J-5, Florida Administrative Code, Comprehensive Growth Management (monitored by
DCA): and
. Chapter 99-395, Laws of Florida. as amended.
The combination of wastewater and stormwater regulatory programs will continue to address the specific
impairments to water quality recognized at the time of signature.
This agreement applies only to the currently identified nutrient impairment in the halo zone WBIDs
previously identified in Paragraph III. Nutrient impairments in other halo zone WBIDs in the Florida Keys
will be addressed through a separate agreement(s) and the participation of appropriate stakeholders.
VI. Education, Outreach and Implementation
For the signatory stakeholders to accomplish their mission, education on the issues and solutions,
including effective transfer of knowledge and technology, are essential components of implementation of
the efforts of the Technical Working Groups.
VII. Stakeholder Involvement and Commitments
For the collective stakeholders to be successfui, the involvement of each individual stakeholder is critical.
As part of this framework agreement. a process for stakeholder involvement is developed and will be
implemented by the signatories. This commitment is based on mutual cooperation, shared objectives.
fairness. and the support and participation from the Parties to this Agreement.
No specific management action commitments of the signatory stakeholder. with respect to the Southern
Keys Area Reasonable Assurance Document are defined in the Southern Keys Area as all of activities are
expected to be provided by other stakeholders.
Page 4 of 5
MONROE COUNTY
PROPOSED AND IMPLEMENTED MANAGEMENT PRACTICES
Estimated Total EstlmatedTotaJ
Nitrogen Load Phosphorous
Reduction Load Reduction
Mana ement Action Ibsl ear bs ear
IMPLEMENTED MANAGEMENT PRACTICES
South Lower Keys Gravity & Vacuum
Collection System; and 0.32 mgd AWT
WWTP cn Stock Island
PROPOSED FUTURE MANAGEMENT PRACTICES
NO FACILITIES
SOUTHERN KEYS AREA
MONROE COUNTY TOTAL NUTRIENT REDUCTIONS
WBID
Actual or
Anticipated
Operational
Date
6014B
13,305
5,962
Collection
2004; AWT
2008
13.305
5,962
r r ~~-~--l
. r
, _ _ .,__ ,I
VIII. Measures of Success
Water quality issues in the Florida Keys watersheds have developed from various inputs over an extended
period oftime. Successfully addressing these issues will require sufficient time to implement management
changes and evaluate their effect. Specijic measures of success include:
. Reporting that specijic management actions previously identified in Vii (ij any) have been
implemented as of a specijic date;
. Annually reporting that specific management actions previously identified in Vii (ij any) are being
operated and maintained to achieve their design treatment levels; and
. Reliance on the Florida Keys Aqueduct Authority (FKAA) to subm~ monthly Discharge Mon~oring
Reports (DMRs) to FDEP for permitted wastewater treatment facilities to substantiate the actual
levels of nutrient reduction being achieved by the operating systems on a continuing basis.
IX. Condition to Effectiveness
The signatories hereby agree that in the event the United States Environmental Protection Agency does
not accept the Fiorida Keys Reasonable Assurance Document for the Southern Keys Area in lieu of the
total maximum daily load approach under the Federal Clean Water Act, then this Agreement shall
automatically be terminated and shall be of no further force or effect.
The undersigned, an authorized agent of the Monroe County, agrees to the foregoing Stakeholders
Agreement for the Southern Keys Area Reasonable Assurance Documentation:
Attest:
Monroe County
Name, nle
Name, Title
Date:
Dale:
MONROe COUNTY ATTORN Y
APPROVED AS TO F
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Date