Southern Keys Agreement 12/08/2008 DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: December 12, 2008
TO: Dave Koppel, County Engineer
Engineering Division
FROM: Isabel C. DeSantis, D.C. vli
At the December 8, 2008, Special Board of County Commissioner's meeting, the Board
granted approval and authorized execution of the Reasonable Assurance Documentation
Stakeholder Agreements for the Central Keys Area/Southern Central Keys Area/Southern Keys.
Enclosed are duplicate originals of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File r/
Southern Keys Area
Reasonable Assurance Documentation G gip,
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STAKEHOLDER AGREEMENT .C3 cm)
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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 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
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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,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 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 affect the 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.
Now therefore,in consideration of the 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 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 of this 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 halo 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 (if any) programs for protecting the
environment and public health;
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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 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 Ill 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:
• DCA(by virtue of the Keys' designation as a Area of Critical State 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 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 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.
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.
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MONROE COUNTY
PROPOSED AND IMPLEMENTED MANAGEMENT PRACTICES
Estimated Total Estimated Total Actual or
Nitrogen Load Phosphorous Anticipated
Reduction Load Reduction Operational
WBID Management Action (lbs/year) (lbs/year) Date
IMPLEMENTED MANAGEMENT PRACTICES
South Lower Keys Gravity & Vacuum Collection —
6014B Collection System; and 0.32 mgd AWT 13,305 5,962 2004; AWT -
WWTP on Stock Island 2008
PROPOSED FUTURE MANAGEMENT PRACTICES
NO FACILITIES
SOUTHERN KEYS AREA
13,305 5,962 � s
MONROE COUNTY TOTAL NUTRIENT REDUCTIONS ,.,
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 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 accept the Florida 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,Reasoriable,Assurance Documentation:
G Y� � v �!�, Clerk
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MONROE COUNTY ATTORN Y
APPROVED AS TO F .
Page 5of5 S ANNE A. HU TON
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