Item T4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 19 February 2003 Division: Growth Manai?ement
Bulk Item: Yes No X
Department Marine Resources
AGENDA ITEM WORDING:
Approval of an ordinance revising Chapter 5.5, Article III, "No Discharge Zone."
ITEM BACKGROUND:
Seventeen specific no discharge zones were approved by the Commission in Ordinance 20-1999, but were not
formally approved by the U.S. Environmental Protection Agency (US EPA) as required by law. Instead, a
different approach was taken to approve an over -arching No Discharge Zone for the state waters of the
FKNMS. The request to create this broader zone was made by the Governor at the request of a majority of the
municipalities and the County. Ultimately the No Discharge Zone was approved by US EPA and became Law
on June 19, 2002.
This revision to the No Discharge Zone Ordinance eliminates the previously adopted seventeen zones and
adopts the over -arching state waters zone.
PREVIOUS RELEVANT BOCC ACTION:
August 1999- Resolution 617-1999
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS;
Approval
TOTAL COST: None
BUDGETED: Yes N/A No
COST TO COUNTY: None SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT Per Month
APPROVED BY: County Atty X OMB/Purchasing
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
DISPOSITION:
BC030210
01 /27/03 2:10 PM
Timothy McGa
Included X To Follow
Risk
of Growth
N/A
Not Required
AGENDA ITEM NO.:
Year
Marine Resources
ORDINANCE NO. 2003
AN ORDINANCE MODIFYING CHAPTER 5.5, ARTICLE III,
MONROE COUNTY CODE CONCERNING NO DISCHARGE
ZONES, PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the tropical waters surrounding the Florida Keys contain an
ecologically diverse tropical marine ecosystem, including the only coral reef
system in the continental United States;
WHEREAS, these waters are of such great interest and beauty, and hold
such concern for protection, that the State of Florida has designated them as
Outstanding Florida Waters and Congress has designated them as a part of the
Florida Keys National Marine Sanctuary; and
WHEREAS, Monroe County considered the protection of these waters so
critical that in 1999, the Board of County Commissioners designated 17 zones
throughout the waters of the County as No Discharge Zones; and
WHEREAS, subsequent to this effort, the County also petitioned the
Governor and the U.S. Environmental Protection Agency to designate all of the
waters of the Florida Keys as a No Discharge Zone (NDZ); and
WHEREAS, through the efforts of the Governor and the U.S. EPA, State
waters within the boundaries of the Florida Keys National Marine Sanctuary will
become a No Discharge Zone on June 19, 2002; and
WHEREAS, it is the County's desire to modify its No Discharge Zone
Ordinance to mirror the conditions set by the federal designation and to augment
Marine Resources
the State and federal governments potential for enforcement of the NDZ
designation; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA; THAT
Section 1. Change the title of Article III (formerly Article XIX) to "No
Discharge Zone Established" and apply the following modifications to Chapter
5.5, Article III:
Sec.5.5-46. Definitions
(a) Definitions shall apply as provided in Article I of this chapter or are
referenced from other chapters as appropriate.
Sec. 5.5-47.
No Discharge Zone Established
(a) A No Discharge Zone is hereby established to coincide exactly with
those boundaries identified in Federal Register Notice 66: 144,pp
38967-38969, promulgated on 26 July 2001.
Sec. 5.5-48. Force and Effect
(a) This Ordinance becomes effective in the No Discharge Zone identified
on the map in Exhibit A upon final approval at the federal level, U.S.
EPA Region IV.
Section 6. Reserve Secs. 5.5-49 — 5.5-75
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Marine Resources
Section 7. Severability.
If any section, subsection, sentence, clause or provision of this Ordinance is
held invalid, the remainder of this Ordinance shall not be affected by such
invalidity.
Section 8. Repeal df inconsistent ordinance clauses.
All Ordinances or parts of Ordinances in conflict with this Ordinance are
hereby repealed to the extent of said conflict.
Section 9. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the
Code of Ordinances of the County of Monroe, Florida, as an addition to
amendment thereto, and shall be appropriately renumbered to conform to the
uniform numbering system of the Code.
Section 10. Effective date
This Ordinance shall be filed with the Office of the Secretary of State of the
State of Florida, but will not take effect until the No Discharge Zone identified in
Federal Register Notice 66: 144,pp 38967-38968 becomes effective under federal
law.
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Marine Resources
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 19'h day of February , 2003.
Mayor Dixie Spehar
Mayor Pro Tem Murray Nelson
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner David Rice
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK Board of County Commissioners
Of Monroe County, Florida
Deputy Clerk
PP OVED AS TO FO AND
LEG F ICIENC
BY
A EY'S OFFICE
Mayor/Chairman
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