06/10/1999 MOU
MEMORANDUM OF AGREEME,... r
BETWEEN
THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
AND
THE COUNTY OF MONROE
WHEREAS, Public Law 92-402, dated August 22, 1972, as amended by Public Law 98-623,
authorizes the Secretary of Transportation to transfer to States, without consideration, all right, title and
interest of the UNITED STATES OF AMERICA in and to any obsolete vessel which, but for operation of
Public Law 92-402, as amended, would be designated by the Secretary of Transportation for scrapping,
if the State intends to sink such vessel for use as an offshore artificial reef for the conservation of marine
life; and
WHEREAS, the STATE OF FLORIDA, at the specific request of the COUNTY OF MONROE, a
Florida local coastal government (hereinafter referred to as "COUNTY"), filed an application dated March
4, 1996, for the obsolete former Navy vessel-U.S.S. SPIEGEL GROVE (LSD-32) (hereinafter referred to
as "Vessel") to be sunk off the coast of Florida as an artificial reef for the conservation of marine life; and
WHEREAS, the STATE OF FLORIDA, as represented by the DEPARTMENT OF
ENVIRONMENTAL PROTECTION and the COUNTY OF MONROE have entered into a Memorandum of
Agreement on May 22, 1996 for the procurement of an obsolete former Navy vessel for deployment as
an artificial reef, and
WHEREAS, the UNITED STATES OF AMERICA, as represented by the Department of
Transportation's Maritime Administration (hereinafter referred to as MARAD) has authorized
transfer of the said Vessel to the STATE OF FLORIDA, contingent upon compliance with specifically
enumerated terms and conditions related to the transport of the Vessel and the removal of potential
environmental contaminants (see Attachments 1-5), which are not incorporated into the May 22, 1996
Memorandum of Agreement between the DEPARTMENT OF ENVIRONMENTAL PROTECTION and the
COUNTY as executed, but which must be incorporated into said Agreement prior to the acceptance of
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the Vessel by the STATE OF _ ....ORIDA,
BE IT THEREFORE AGREED:
1. That the STATE OF FLORIDA, FISH AND WILDLIFE CONSERVATION COMMISSION
(hereinafter referred to as COMMISSION) acceptance of this Vessel from MARAD is contingent
upon execution of this Agreement; and
2. That this Amendment supercedes and nullifies the previous Memorandum of Agreement (and its
Attachment) between the DEPARTMENT OF ENVIRONMENTAL PROTECTION and the
COUNTY dated May 22,1996; and
3. That the COUNTY agrees to accept delivery of, and full responsibility for the Vessel "as is" at the
James River Reserve Fleet, Fort Eustis, Virginia, as described in this Amendment, and
4. That the COUNTY will coordinate with all federal and state agencies involved with the Vessel,
using the following points of contact:
a) Ms. Frances M. Olsen,
Chief, Division of Vessel Transfer & Disposal
U.S. Department of Transportation
Maritime Administration
MAR-631, Room 7307
400 Seventh Street S. W.
Washington, D.C. 20590
(202) 366-5821
b) Mr. Stuart Perry
U.S. Environmental Protection Agency, Region 4
Air, Pesticides and Toxics Management Division
Atlanta Federal Center
61 Forsyth Street, S.W.
Atlanta, GA 30303-3104
(404) 562-8980
c) Commanding Officer
U.S. Coast Guard 5th District
Marine Safety Office
200 Gransby Street, Suite 700
Norfolk, VA 23510-1888
(757) 441-3302
d) Chief Warrant Officer Marc Dejesus
U.S. Coast Guard 7th District
Marine Safety Office
100 MacArthur Causeway
Miami Beach, FL 33139
(305) 535-8744
e) Commanding Officer
U.S. Coast Guard 8th District
Marine Safety Division
Hale Boggs Federal Building
501 Magazine Street, Room 1341
New Orleans, LA 70130-3396
(504) 589-6271
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f) Mr. Billy Causey, Sanctuary Superintendent
Florida Keys National Marine Sanctuary
U.S. Dept. of Commerce, NOAA
P.O. Box 500368
Marathon, FL 33050
(305) 743-2437
g) Mr. Jon Dodrill, Environmental Administrator
Florida Fish and Wildlife Conservation Commission
Division of Marine Fisheries
3900 Commonwealth Boulevard, MS 240
Tallahassee, FL 32399-3000
(850) 922-4340
5. That the COUNTY will complete the transportation, cleaning, and sinking of the Vessel prior to
the expiration date (July 10, 2000) of the U.S. Department of Army, Corps of Engineers
(hereinafter referred to as the "CORPS") artificial reef permit number 199502550 (IP-EJ) or obtain
authorization from the CORPS for a permit time period extension, and comply with all of the
conditions as specified in the permit, especially the following:
a) Notification to the Jacksonville Regulatory Division South Permits Branch Chief of the
proposed date of commencement of the cleaning operations and the date of final completion
of the sinking of the Vessel, and
b) Notification to the Manager, Florida Keys National Marine Sanctuary (hereinafter referred to
as "FKNMS") when the Vessel is ready for transport to the sinking site so that a FKNMS
representative, at their option, can inspect the Vessel, and
c) Notification to the FKNMS when the Vessel is to be transported to the sinking site, so that, at
their option, a representative can be present to help ensure proper placement of the Vessel,
and
d) Any modifications to the permitted activity is approved by the FKNMS, and
e) Ensure that the total height of the Vessel at the time of sinking does not exceed eighty (80)
feet, so that a minimum navigational clearance of forty (40) feet is maintained.
6. That the COUNTY shall, to the extent it may legally do so, indemnify and hold harmless and
defend both MARAD and the COMMISSION and their agents and employees against any and all
claims and demands (including, but not limited to costs and reasonable attorneys' fees in
defending such claims or demands, whether or not the claim or demand be found valid) of
whatsoever kind or nature by whomsoever asserted such claims or demands including but not
limited to, fines and penalties for alleged violations of environmental laws and regulations, claims
for injury to persons, property, or the environment, arising from or in any way connected with the
Vessel including handling or disposal of any hazardous, toxic or regulated materials or wastes on
or removed from the vessel, and
7. That the COUNTY accepts full responsibility as a co-generator of hazardous wastes and ensure
compliance with all manifesting, permitting, and disposal requirements for all hazardous materials
present on the Vessel, and
8. That the COUNTY shall assume all responsibility, and hereby acknowledges its duty to comply
with all environmental laws and regulations including but not limited to the Comprehensive
Environmental Response, Cleanup and Liability Act of 1980 (CERCLA), as amended; Resource
Conservation and Recovery Act (RCRA), Clean Air Act (CAA), Federal Water Pollution Control
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Act - commonly refe...:ld to as the Clean Water Act (CWA), Oil Pollution Act of 1990, Safe
Drinking Water Act, Toxic Substances Control Act (TSCA), and similar state and local laws. The
COUNTY agrees that it shall insure performance of all required duties, including those of
generator of hazardous toxic and regulated materials and wastes, including, but not limited to
Polychlorinated Biphenyls (PCB) waste for any regulated PCBs or PCB items removed from the
Vessel. With respect to the identification, handling, removal, transportation, storage and disposal
of PCBs, the COUNTY shall comply with TSCA 15 U.S.C. 9 2601 et seq, the implementing
regulations at 40 C.F.R. Part 761, and
9. That the COUNTY agrees to complete the following conditions required by MARAD, the U.S.
Environmental Protection Agency (hereinafter referred to as "EPA"), the FKNMS and the
COMMISSION prior to the Vesselleavina the James River Reserve Fleet:
a) Provide to both the MARAD and the COMMISSION the company name, address, telephone
number, and contact person of the selected towing company, and
b) Provide documentation to both MARAD and the COMMISSION that the towing company has
in place a marine insurance policy during the tow from the James River Reserve Fleet to
Brownsville, Texas, naming both the COMMISSION and MARAD as assured, which is
acceptable to both the COMMISSION and MARAD; at no cost to the COMMISSION or
MARAD. The policy shall maintain full form Marine Hull & Machinery (H&M) and Marine
Protection and Indemnity, including pollution liability (P&I). The P&I and pollution limit shall be
at least TEN MILLION DOLLARS ($10,000,000). In addition, the Vessel shall be covered
under a full form tower's liability policy with a limit which shall be at least FIVE MILLION
DOLLARS ($5,000,000), and
c) Provide a towing plan from the James River Reserve Fleet to Brownsville, Texas which has
been approved by the U.S. Coast Guard (hereinafter referred to as the "USCG") 5th District
which is acceptable to MARAD and the COMMISSION, and does not result in the Vessel
being towed through the Area To be Avoided within the boundaries of the FKNMS, and
d) Submit a sampling plan and a work plan for removal of regulated PCB material from the
Vessel to EPA Region 4 for review. The work plan must identify the PCB removal contractor,
address, telephone number, and contact person and include a sampling and analysis protocol
as well as a projected schedule for start-up and completion of PCB sampling and removal
activities. The work plan must also include a contingency analysis which addresses the
possibility that regulated PCB containing materials cannot be removed from the Vessel, and
how these materials will be disposed of pursuant to the provisions outlined in 40 C.F.R. Part
761.62(c), and
e) Conduct an analysis of the Vessel for the presence and location of all plastics and provide a
plan which is acceptable to both MARAD and the COMMISSION which identifies how all
plastics will be removed from the Vessel, in accordance with the requirements of Annex III of
the International Convention for the Prevention of Pollution from Ships (MARPOL).
10. The COUNTY agrees to complete the following conditions established by MARAD, EPA, the
FKNMS and the COMMISSION immediatelv upon arrival of the Vessel in Brownsville. Texas,
prior to any clean-up, materials salvage removal, or structural modifications taking place on the
Vessel:
a) To submit a copy of the EPA - approved work plan for the removal of regulated PCB material
to MARAD and the COMMISSION, and
b) To coordinate with the State of Texas (as designated by EPA Region 6) for the removal of
asbestos as regulated under the Asbestos National Emissions Standards for Hazardous Air
Pollutant, and
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c) To provide documentation to EPA and the COMMISSION when the salvage company obtains
a commercial storage permit for PCB wastes at the dockside facility (if required), and
d) To provide advance notification (via telephone or in writing) to MARAD, EPA, and the
COMMISSION regarding the actual start-up date of salvage and clean-up work, and also of
major components of PCB removal, and
e) To provide to the FKNMS and the COMMISSION written status reports at thirty (30) day
intervals on clean-up progress beginning with the commencement of work, including notice
regarding amendments to projected schedules.
11. The COUNTY agrees to complete the following conditions established by MARAD, EPA, the
FKNMS and the COMMISSION prior to the departure of the Vessel from Brownsville. Texas:
a) Provide to the USCG, the FKNMS, and the COMMISSION the company name, address,
telephone number, and contact person of the selected towing company, and
b) Provide documentation to the COMMISSION of a marine insurance policy during the tow from
Brownsville, Texas to Key Largo, Florida, naming the COMMISSION as assured, which is
acceptable to the COMMISSION; at no cost to the COMMISSION. The policy shall maintain
full form Marine Hull & Machinery (H&M) and Marine Protection and Indemnity, including
pollution liability (P&I). The P&I and pollution limit shall be at least TEN MILLION DOLLARS
($10,000,000). In addition, the Vessel shall be covered under a full form tower's liability policy
with a limit which shall be at least FIVE MILLION DOLLARS ($5,000,000), and
c) To ensure that any permit issued by the U.S. Department of the Army, Corps of Engineers
(hereinafter referred to as the "CORPS") is modified to reflect a true and correct location of
the proposed deployment site, and
d) Secure and maintain any licenses or permits, and meet any requirements, whether or not
herein specified, by the EPA, the USCG and the FKNMS, and abide by any other applicable
Federal or State laws or regulations, and
e) Ensure that all anchors, chains, and machinery necessary to lower the anchors are operable
and remain onboard the Vessel, and
f) Shall inform MARAD, the FKNMS, the USCG, and the COMMISSION when the said Vessel is
ready to depart Brownsville, Texas, when the Vessel is on station at the permitted site, and
when it is ready to be sunk, and
g) Provide certification to EPA Region 4 that all PCB removal activities were completed
consistent with the approved work plan and allow EPA to verify via inspections that said work
was completed adequately, and
h) Provide to the EPA, the FKNMS and the COMMISSION a risk assessment for any hazardous
materials which were not removed from the Vessel, and
i) Provide to the FKNMS and the COMMISSION a certification from the EPA that the risk
assessment has been accepted, and
j) Ensure that MARAD, the FKNMS, EPA, the State of Texas, the UCSG and the COMMISSION
shall have the right to inspect the Vessel to ensure compliance by the COUNTY with all terms
and conditions contained herein, and
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k) Provide to MARAL dnd the COMMISSION a comprehenslv,: list of all suspect PCB sources
that were tested or removed from the Vessel, and
I) To provide to MARAD and the COMMISSION a comprehensive inventory of all materials
removed from the Vessel which were sold or are intended to be sold, and
m) Comply with the following and any other requirements as may be specified by the USCG:
I. That all oil, petroleum products and hazardous materials are removed from tanks,
engines, pipes, bilges, etc. to ensure that no pollutants enter the water (steam
cleaning is preferred), and
II. That all watertight doors, hatches, bottom tank covers, etc. are removed or welded
open, and
III. That all items that may float free when the Vessel sinks are removed from the Vessel,
and
IV. That all deck area, bilge area, engine spaces, and cargo spaces are broom swept
and/or vacuumed, and
V. That all plastics are removed from the Vessel, and
VI. That all mercury containing switches are removed from the Vessel.
n) Provide to both MARAD and the COMMISSION a letter of certification from the EPA that all
hazardous waste removal has been completed, and any required risk assessment has been
approved, and written certification from the USCG that the Vessel is approved for sinking, and
0) Provide to the USCG, the FKNMS and the COMMISSION a detailed towing and anchoring plan
which describes how the Vessel will be anchored at the permitted site to prevent any movement
during a 100 year storm event, and
p) Submit a detailed demolition plan acceptable to the USCG, the EPA and the COMMISSION
which identifies the exact location(s) where any explosive charges will be placed. The demolition
plan should specify the entity responsible for the demolition, their address, telephone number,
and contact person. The explosive charges should be designed so as to minimize environmental
impacts and are limited to controlled 'burning' types. Use of explosives will be limited to interior
compartments sealed from diver access below the main deck and to the bottom hull of the ship
(i.e. no pyrotechnic displays). If the locations of explosives are such that any fuel tanks that may
contain cosmoline or bulkheads that may contain asbestos may be ruptured during the demolition
process, the demolition plan must describe how the cosmoline will be removed from the fuel
tanks and the asbestos removed from the bulkheads, and
q) Obtain from the sinking site six (6) sediment samples and analyze the samples for the presence
and amount of PCBs and heavy metals. Results of the analyses will be sent to both the FKNMS
and the COMMISSION, and
r) Secure additional sediment samples from the sinking site at 2, 5 and 10 year intervals and
analyze the samples for the presence and amount of PCBs and heavy metals for comparison with
the pre-deployment samples. Results of the analyses will be sent to both the FKNMS and the
COMMISSION, and
s) coordinate with the FKNMS to obtain baseline usage levels for fishing and diving activities on
natural reefs located adjacent to the sinking site. Copies of the data collection efforts must be
provided to the COMMISSION, and
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t) Develop and execute a cooperative monitoring agreement with either the FKNMS or the diving
community so that changes in user pressure on nearby natural reef formations following the
sinking can be determined. Copies of these data collection efforts and analyses must be provided
to the FKNMS and the COMMISSION within 2 years of the deployment, and
IN WITNESS WHEREOF, the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION and
the COUNTY OF MONROE have caused implementation of this Agreement as the officers and agents
thereunto lawfully authorized.
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
DIVISION OF MARINE FISHERIES
Director
~pproved s to form and ~egality
BY: " ~~.
A ey
BY:
DATE:
COUNTY OF MONROE
BOARD OF COUNTY COMMISSIONERS
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Memorandum of Agreement
Amendment - Attachment 1
US Deportmenl
of TronsportotlO,1
Maritime
Administration
R ESE!~ED
APR - 2 1999
Mr. Edwin J. Conklin
Director, Division of Environmental Protection
Mail Stop 200
3900 Commonwealth Blvd.
Tallahassee, FL 32399-3000
DEPT. OF ENVIRONMENTAL PROTECTION
f&CERIES MGMT. & ASS! SERVICES
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APR 6 1999
Gentlemen:
MARINE RESOURCE
ENV'RO~EPART MENT O~ DIV.
MENTAL PROTECTION
On March 30, 1999, the Maritime Administrator (Administrator), with respect to the
application of the State of Florida requesting the transfer of the SPIEGEL GROVE (LSD-32)
to be sunk for use as an artificial reef, pursuant to Public Law 92-402, as amended by Public
Law 98-623, took the following actions, subject to the following conditions:
A. In the event that one or more of the conditions are not satisfied, the United States may,
at its option, (1) revoke the title granted pursuant to this authorization, or (2) allow the
State of Florida to continue holding title under such terms and conditions as it may
prescribe;
B. If the United States should elect to revoke the title authorized pursuant hereto, the
State of Florida shall be liable to the United States for any and all monies received on
materials from the Vessel transferred pursuant to this authorization;
C. The United States shall have the right to inspect the Vessel transferred pursuant
hereto, prior to its sinking, to ensure compliance by the State of Florida with all terms
and conditions contained herein. The State of Florida shall inform the United States
when said Vessel is ready to be sunk; and
D. The State of Florida shall, to the extent it may legally do so, indemnify and hold
harmless and defend the United States and its agents and employees against any and
all claims and demands (including costs and reasonable attorneys' fees in defending
such claims or demands, whether or not the claim or demand be found valid) of
whatsoever kind or nature by whomsoever asserted including, but not limited to, fines
and penalties for alleged violations of environmental laws and regulations, claims for
injury to persons, property, or the environment, arising from or in any way connected
with the Vessel including handling or disposal of hazardous, toxic r regulated
materials or wastes on or removed from the Vessel.
1. Found that the use of the SPIEGEL GROVE (LSD-32), as prop sed by the State
of Florida, will not violate any Federal law, contribute to degraqation of the marine
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environment, create undue int~rference with commercial fishing or navigation, and
is not frivolous; and I
II. Authorized delivery "as is" James River Reserve Fleet, Fort Eu~tis, Virginia, and
the transfer without consideration to the State of Florida all rigijt, title and interest
of the United States in the SPIEGEL GROVE (LSD-31) "wher~ is" in
Brownsville, Texas, subject to the following conditions:
1. That the State of Florida will make MARAD an assured under the marine
insurance policy during the tow from the James River Reserve Fleet to.
Brownsville, Texas, in form and substance satisfactory to MARAD;
2. That the Vessel be utilized and maintained only for the purposes stated in the
State of Florida's application dated March 4, 1996, and when sunk at the site
indicated in the State's application will be charted;
3. That the State of Florida will secure any licenses or permits and meet any
requirements, whether or not herein specified, by the Enviromnental Protection
Agency (EPA), United States Coast Guard, Department of Interior's Fish and
Wildlife Service, National Oceanic and Atmospheric Administration and any
other applicable Federal law;
4. That the State of Florid a shall assume all responsibility, and acknowledge its
duty to comply with all environmental laws and regulations including, but not
limited to the Comprehensive Environmental Response, Cleanup and Liability
Act of 1980 (CERCLA), as amended, Resource Conservation and Recovery
Act (RCRA), Clean Air Act (CAA), Federal Water Pollution Control Act -
commonly referred to as the Clean Water Act (CW A, Oil Pollution Act of
1990, Safe Drinking Water Act, Toxic Substances Control Act (TSCA), and
similar state and local laws and regulations. The State of Florida agrees that it
shall insure performance of all required duties, including those of a generator
of hazardous, toxic and regulated materials and wastes, including but not
limited to Polychlorinated Biphenyls (PCB) waste for any regulated PCBs or
PCB items removed from the Vessel. With respect to the identification,
handling, removal, transportation, storage and disposal of PCBs, the State of
Florida shall comply with TSCA, 15 D.S.C. S2601 et seq, the implementing
regulations at 40 C.F.R. Part 761, and the requirements listed below as
specified by the EP A by letter dated January 4, 1999 and included as Appendix
to the Certificate of Transfer:
(a) The waste removal contractor must satisfactorily remove regulated
PCB material from the vessel consistent with a work plan, which must
be submitted to and. approved by Region 4. The work plan (which
identifies the PCB removal contractor) shall be submitted immediately
to EP A Region 4 for review. The work plan must include a sampling
and analysis protocol as well as a projected schedule for start-up and
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completion of PCB removal and sampling activities. EP A also requires
that they receive advance notification (via telephone or in writing)
regarding the actual start-up date of major components of PCB
removal, notice regarding amendments to projected schedules, and
notification when the transfer of ownership occurs.
(b) After the PCB removal action has been completed, the waste removal
contractor and shipowner must certify to EP A Region 4 that these
activities were completed consistent with the approved work plan.
EP A will verify via inspections that said work was completed .
adequately.
(c) The waste removal contractor must satisfactorily retove regulated
asbestos-containing material from the Vesse!. The bestos removal
activities are regulated under the Asbestos National. mission Standards
for Hazardous Air Pollutant. The oversight of this program has been
delegated to the State of Texas by EPA Region 6.
5. That the State of Florida will comply with the following and any other EP A
requirements:
(a) A comprehensive list of all suspect PCB sources that were tested or
removed from the Vesse!.
(b) A copy of the sampling plan used for testing PCB sources on the
Vessel and a summary of all test results must also be provided.
6. That the State of Florida will comply with the following and any other U.S.
Coast Guard requirements:
(a) All oil, petroleum products and hazardous materials must be removed
from tanks, engines, pipes, bilges, etc., to ensure that no pollutants
enter the water (steam cleaning is preferred).
(b) All watertight doors, hatches, bottom tank covers, etc., must be
removed or welded open.
(c) Any items that may float free when the Vessel sinks must be removed
from the Vesse!.
(d) All deck area, bilge area, engine spaces and cargo spaces must be
broom swept.
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(e) In accordance with MARPOL regulations, all plastic must be removed
from the Vesse!.
7. That the State of Florida utilize an appropriate anchoring configuration to
insure that the Vessel remains in place during major storms;
8. That the transfer will be at no cost to the Government with the State of Florida
taking delivery of the Vessel "as is" at the James River Reserve Fleet, Fort
Eustis, Virginia, and title "where is" in Brownsville, Texas. MARAD will be
an assured under the marine insurance policy during tow from the James River
Reserve Fleet to Brownsville, Texas;
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9. MARAD will be an assured under the marine insurance policy during the tow
from the James River Reserve Fleet to Brownsville, Texas, at no cost to the
Government;
10. That the State of Florida, in the interest of furthering conservation goals, will
regulate and impose appropriate controls as necessary; and
11. That prior to sinking of the Vessel, the State of Florida shall provide the
Maritime Administration with a copy of the certificate from the Administrator,
Environmental Protection Agency, that the proposed use o~the Vessel will be
compatible with water quality standards or other appropriatF environmental
protection requirements. ' I
I
Transmitted to you herewith for execution by the State of Florida are four pounterparts of
Certificate of Transfer (Contract No. MA-I3520). After execution and attestation, please
return the counterparts for full execution by the Maritime Administration. Do not fill in the
date of execution as that will be done when the counterparts are executed by the Maritime
Administration. The counterparts should be forwarded to:
Ms. Frances M. Olsen
Chief, Division of Vessel Transfer & Disposal
MAR-631, Room 7307
400 Seventh Street S.W
Washington, D. C. 20590
If you have any questions, Ms. Olsen can be reached on 202-366-5821.
S' cerely, C\2
C.~,\LJ-
EL c. RlCHARD
cretary
Enclosures
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Contract No. MA-13520
CERTIFICATE OF TRANSFER
FROM
Memorandum of A
Amendment _ Agreement
ttachment 2
UNITED STATES OF AMERICA
TO
STATE OF FLORIDA
WIT N E SSE T H:
WHEREAS, Public Law 92-402 dated August 22, 1972, as amended by Public Law
98-623, authorizes the Secretary of Transportation to transfer to States, without consideration,
all right, title and interest of the UNITED STATES OF AMERICA in and to any obsolete
vessel which, but for operation of Public Law 92-402, as amended, would be designated by
the Secretary of Transportation for scrapping, if the State intends to sink such vessel for use as
an offshore artificial reef for the conservation of marine life;
WHEREAS, the Secretary of Transportation has delegated this authority to the
Maritime Administrator
WHEREAS, the STATE OF FLORIDA filed application dated Mtch 4, 1996, for the
obsolete vessel SPIEGEL GROVE (LSD-32) (Vessel) to be sunk off the coast of Florida as an
artificial reef for the conservation of marine life'
,
WHEREAS, the Maritime Administrator has found that the use of the Vessel, as
proposed by the State of Florida, will not violate any Federal law, contribute to degradation of
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the marine environment, create undue interference with commercial fishing or navigation, and
is not frivolous; and
WHEREAS, the Maritime Administrator has authorized transfer of the Vessel,
NOW, THEREFORE, in consideration of these premises:
1. THE UNITED STATES OF AMERICA represented by the Secretary of
Transportation, acting by and through the Maritime Administrator, is the sole owner of the
Vessel hereinabove identified, delivers the vessel "as is" James River Reserve Fleet, Fort
Eustis, Virginia, and transfers all right, title and interest of the UNITED STATES OF
AMERICA in and to the Vessel "where is" in Brov,'llsville, Texas, to the STATE OF
FLORIDA, without exchange of funds, and the STATE OF FLORIDA accepts the same
subject to the following conditions:
1. The Vessel shall be utilized and maintained only for the purpose stated in the
application, and sunk at the site indicated in the application, shall be charted
and marked as a hazard to navigation;
2. The STATE OF FLORIDA shall secure any licenses or permits and meet any
requirements, \",hether or not herein specified, by the Environmental Protection
Agency, United States Coast Guard, Department ofInterior's Fish and Wildlife
Service, National Oceanic and Atmospheric Administration, and any other
applicable Federal law;
3. The STATE OF FLORIDA shall assume all responsibility, and hereby
acknowledges its duty to comply with all environmental laws and regulations
including but not limited to the Comprehensive Environmeptal Response,
Cleanup and Liability Act of 1980 (CERCLA), as arnende~, Resource
Conservation and Recovery Act (RCRA), Clean Air Act (qAA), Federal Water
P~llution ~ontrol Act - commonly.re~elTed to as the Clean ~ater Act (CWA,
011 PollutIon Act of 1990, Safe Dnnkmg Water Act, Toxic'Substances Control
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Act (TSCA), and similar state and local laws and regulatiof;s. The STATE OF
FLORIDA agrees that it shall insure performance of all re uired duties,
including those of generator of hazardous toxic and regula ed materials and
wastes, including, but not limited to Polychlorinated Biph~nyls (PCB) waste
for any regulated PCBs or PCB items removed from the VFssel. With respect
to the identification, handling, removal, transportation, storage and disposal of
PCBs, the STATE OF FLORIDA shall comply with TSCA 15 U.S.C. 92601 et
seq, the implementing regulations at 40 C.F.R. Part 761, and the requirements
listed below as specified by the Environmental Protection Agency (EP.A) by
letter dated January 4, 1999 and included as Appendix A to this
CERTIFICATE OF TRANSFER.
(a) The waste removal contractor must satisfactorily remove regulated PCB
material from the vessel consistent with a work plan, which must be
submitted to and approved by Region 4. The work plan (which identifies
the PCB removal contractor) shall be submitted immediately to EP A
Region 4 for review. The work plan must include a sampling and analysis
protocol as well as a projected schedule for start-up and completion of PCB
removal and sampling activities. EP A also requires that they receive
advance notification (via telephone or in writing) regarding the actual start-
up date of major components of PCB removal, notice regarding
amendments to projected schedules, and notification when the transfer of
ownership occurs.
(b) After the PCB removal action has been completed, the waste removal
contractor and shipowner must certify to EP A Region 4 that these activities
were completed consistent with the approved work plan. EP A will verify
via inspections that said work was completed adequately.
(c) The waste removal contractor must satisfactorily remove regulated
asbestos-containing material from the Vessel. The asbestos removal
activities are regulated under the Asbestos National Emission Standards for
Hazardous Air Pollutant. The oversight of this program has been delegated
to the State of Texas by EPA Region 6.
4. The STATE OF FLORIDA shall comply with the following U.S. Coast Guard
requirements:
(a) All oil, petroleum products and hazardous materials must be removed
from tanks, engines, pipes, bilges, etc., to ensure that no pollutants
enter the water (steam cleaning is preferred).
(b) All watertight doors, hatches, bottom tanks covers, etc., must be
removed or welded open.
~''':~,i/..
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4
(c) Any items that may float free when the Vessel sinks must be removed.
(d) All deck area, bilge area, engine spaces and cargo spaces must be
broom swept.
(e) In accordance with MARPOL regulations all plastic must be removed
from the Vessel.
s.
The STATE OF FLORIDA shall utilize an appropriate anchoring configuration
to insure that the Vessel remains in place during major storms. .
6.
MARAn will be an assured under the marine insurance p91icy during the tow
from James River Reserve Fleet to Brownsville, Texas, at po cost to the
Government. j
The transfer shall be at no cost to the Government with th , ST ATE OF
FLORIDA taking delivery of the Vessel "as is" at the James River Reserve
Fleet, Fort Eustis, Virginia, and title "where is" in Brownsville, Texas; and
7.
8.
The STATE OF FLORIDA, in the interest of furthering conservation goals,
shall regulate and impose appropriate catch controls as necessary.
9.
The STATE OF FLORIDA, prior to sinking of the Vessel, shall provide the
Maritime Administration with a copy of the certificate from the Administrator,
Environmental Protection Agency, that the proposed use of the Vessel will be
compatible with water quality standards or other appropriate environmental
protection requirements.
n.
In the event that one or more of the terms and conditions contained in
Paragraph I herein are not satisfied, the UNITED STATES OF AMERICA may, at its option,
(i) revoke this CERTIFICATE OF TRANSFER, or (ii) continue it under such terms and
conditions as it may be prescribed.
III. If this CERTIFICATE OF TRANSFER is revoked for any reason, the STATE
OF FLORIDA shall be liable to the UJ\TJTED STATES OF AMERICA for any and all monies
received on materials removed for scrap over and above the expense necessary to remove
such materials from the Vessel transferred under this Certificate, the cost to return the Vessel
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5
to appropriate condition for long-term storage, and the cost to transport the Vessel to a storage
site approved by the Maritime Administration.
IV. The UNITED STATES OF AMERICA shall have the right to inspect the
Vessel transferred pursuant hereto prior to its sinking to ensure compliance by the STATE OF
FLORIDA with all items and conditions contained herein. The STATE OF FLORIDA shall
inform the UNITED STATES OF AMERICA when the Vessel is ready to be sunk, and the
amount of ferrous and non-ferrous metal removed from the Vessel by the salvage contractor.
V. The STATE OF FLORIDA shall, to the extent it may legally do so, indemnify
and hold harmless and defend the UNITED STATES OF AMERICA and its agents and
employees against any and all claims and demands (including costs and rtasonable attorneys'
fees in defending such claims or demands, whether or not the claim or de~and be found
I
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valid) of whatsoever kind or nature by whomsoever asserted including, but not limited to,
fines and penalties for alleged violations of environmental laws and regulations, claims for
injury to persons, property, or the environment, arising from or in any way connected with
the Vessel including handling or disposal of hazardous, toxic or regulated materials or wastes
on or removed from the Vesse!.
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6
IN WITNESS WHEREOF, the UNITED STATES OF AMERICA, represented as
aforesaid, has caused this CERTIFICATE OF TRANSFER to be signed, sealed and delivered
this
day of
, 1999.
ATTEST
Assistant Secretary
(Seal)
ATTEST
By:
Title
(Seal)
APPROVED AS TO FORM
t
. tant Chief Counsel
aritime Administration
.."~.F'.
UNITED STATES OF AMERICA
SECRETARY OF TRANSPORTATION
MARITIME ADMINISTRATION
By:
JOEL C. RICHARD
Secretary
Maritime Administration
STATE OF FLORIDA
By:
Title
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Memorandum of Agreement
Amendment - Attachment 3
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UNITED STATES ENVlRONMENTAL PROTECTION AGENCY
REGION 4
ATlANTA FEDERAL CENTER
61 FORSYTH STREET. SW
ATlANTA. GEORGIA 3Q.303;-8909
JA.H 4 B39
4APT-TS
Clyde J. Hart, Jr.
Administrator
Maritime Administration
400 Seventh Street, SW
Washington, DC 20590
SURJ: Transfer of the U.S.S. spiegel Grove to the State of
Florida to be used as an Artificial Reef
Dear Mr. Hart:
The purpose of this letter is to respond to an oral request
from Mos. 'Fran Olsen of your Agency regarding. the disposition of
the U.S.S. spiegel Grove. In a discussion between staff, an oral
request was made for a statement from the 9.S. Environmental
Protection Agency (EPA) Region 4 approving of ~h7 transfer of the
title of the U.S.S. Spiegel Grove from,the ~ar~t~me,
Administration (~~) to the State of Flor~da. Th~s reques~ was
specifically ~argeted at the authority ves~ed with the Regional
Administrator of Region 4 to issue a certificate pursuant to the
Liberty Ship Act, P.L. 92-402 as amended by P.L. 98-623 (16
D.S.C. Section ~220) which addresses transfer of title of
obsolete ships from the MARAn to states for the purpose of
creatio~ of artificial re~fs.
In response to this request, EPA Region 4, by this letter,
is issuing the requested Title 16 ce~tifica~e which will permit
tbe MA-~ to transfer title of '~be vessel to the State of
Florida. The State of Flo~ida, by Memorandum of Understanding,
~ill transfer control of the vessel to local officials in Monroe
County, Florida, where the:vessel will eventually be sunk.
On behalf of the EPA, I ce~tify that this sinking p~oject
will be compatible with water cruality standards and other
appropriate environmental prot~ction requirements. This
certification is ,subject to the =ollowing terms and conditions.
(1) As outlined in the enclosed letter dated December S,
1998, from Dr. Lynn Goldman to Senator Bob Graham ~L~~ (ana
?~ssibly others) is a co-generator of any ?olychl~rinated
Blphenyl (PCB) waste removed from the vessel prt'or to disposal of
the U.S.S. Spiegel Grove as an artificial reef. As such, ~~
is liable for ensuring that waste materials arejdisposed of
properly. I
(2) The waste removal contracto~ must sat~sfactorily remove
regulated PCB material from the vessel consiste1nt with a workolan
which must be submitted to and approved by EPA Region 4. The-
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workplan (which identifies the PCB removal contra~tor) shall be
submitted immediately to EPA Region 4 for review.J Please note
that the workplan must include a sampling and ana~YSiS protocol
as well as a projected schedule for start-up and ompletion of
PCB removal and sampling activities. We.also re ire that we
receive advance notification (via telephone or in writing)
regarding the actual start-up date of major components of the PCB
removal work, notice regarding amendments to projected scnedules,
and notification when the transfer of ownership occurs. In
addition, the waste removal contractor should include as part of
the workplan a contingency analysis which addresses the
possibility that regulated PCB containing materials can not b~
completely removed from the vessel. Disposal of these materials
as part of this reef project is outside the scope of this
certificate, and will need to be addressed pursuant. to the
provisions outlined in 40 C.F.R. Part 761.62(c).
(3) After the PCB removal action has been completed, the
waste removal contractor and ship owner (at the time the work is
completed) must certify (via an affidavit) to EPA Region 4 that
these activities were completed 'consistent with the approved
workplan. EPA will verify via inspections that said work was
completed adequately.
(4) The waste removal contractor must satisfactorily remove
regulated asbestos containing material from the vessel consistent
with the enclosed memorandum dated June 9, 1997, from Elaine G.
Stanley, Director of the Office of Compliance to Winston A.
. Smith, Director of the Air, Pesticides and Toxics Management
Division in Region 4. The asbestos removal activities are
regulated under the Asbestos National Emission Standards for
Hazardous Air Pollutants. The oversight of this program has been
delegated to the State of Texas by EPA Region 6.
(5) Based upon previous EPA comments provided to the State
of Florida on April 1, 1996, the following activities shall be
completed and are subject to Coast Guard oversight: (a) all
decks, bilges and cargo spaces should be as free of oil, other
hydrocarbons and chemical residue as possible; (b) all floatables
must be removed; and (c) the presence of cosmoline on the walls
of fuel tanks must be mitigated. One method for addressing the
presence of cosmoline is to fill the tanks with water, and bolt
and weld the tank hatches closed. Any tank that may be ruptured
by explosives used to sink the vessel must be free of cosmoline
if that method of sinking is chosen.
(6) From a hazardous waste standpoint, leachable items such
as.petroleum products, batteries, and/or mercury containing
sW1tches must be removed from the vessel prior to sinking.
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3
At such time as the above terms and conditions are
satisfactorily completed by the waste removal contractor, EPA
Region 4 will issue a written statement that the vessel may be
sunk. Compliance with the above terms and conditions does not
relieve MARAn (and possibly others) from compliance with
applicable federal, state or local requirements.'
If you have any questions regarding this response, please
have a member of your staff contact Mr. Stuart Perry of the
Region 4 staff at (404) 562-8980.
Sincerely,
Enclosures
II
1- John H. Hankinson, Jr.
~ Regional Administrator
cc: John Dodrill, FDEP, State of Florida .
Spencer Slate, Chairman, Key Largo Chamber of Commerce
Fran Olsen, MARAn
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Memorandum of Agreement
Amendment - Attachment 4
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'BNITED STATES ENVIRONMENTAL PROTECTION AGENCY
W~NGTON.D.C. ~
DEe 8 t993
The Hono~o Bob Graham
United Statel Sc:we
P.O. Box 3050
Talbhauec. Florida. 32.315
CFF1CE ~
P'REY9l1"O't. f'ES'I'CIOE:S /H)
TCXC SlBSTlUCB
Dear Senator Graham:
r mi.wd:ting in response to your March 20, 1998 letter. on behalf of your conrtitueat.
Stephen Frink. in which you inquired about the esffcct ofthc eolycblorinatcd Biphenyl (PCB)
Di.sposaHwle on: c:tIorts to sink the ship Spiegel Grove ai an anificiaI reef: WhiH:l our staB!. as
wcU as your ~cn:ta. have continued ~J,mg this complicated issue over the past months. I
wanted to pccMde,a written response tha; ~uld briefly d.arify how EPAviews the issue of
responsibilitY for-the PCB waste aboard':tbc, Spiegel Grove.
As you kn,aw. your constituents .Qope to have the Spic;gcl Grove towed from Vuginia to
Texz.s tb haw'PCB removal wod: performed. Inccrtain cir a._fAcility which engages
in PCB rc:mova!-zmd sto~ wori:: must lmve an EP A identiii~ and a PCB
commercial $t~ permit. Your staffhas asked whether' EP A~s pronmlgxted PCB
Disposal AlDe:ndments (63 FR 35384, June 29. 1998) would alter req~ in my way.
In short. th~.Di5posa1 Amc:ndmcms will not change existing ~ in regards to the Spiegel
Grove GituatiOD.. . I '
I
Th.~ pcimxry ili:SlJe5 with the t:r'lms:fa ofth.e Spiegel Grove CODCe:lJ-whcre responsibility lies
for the PCBs PI"CS:Cnt in that vessel 2nd wh...-ther a permit u needed fur Storege of PCBs ilia! arc
~ved from the vesel Under the PCB reguIatiam. the appUcahUity_~ re8pODS\.'bility fur
complieoce with -cc:tain manifesting, p::nnitti.n:g and disposal ~ depend on who mab
the dccision__~ the use of PCBs ~ te.mrlnated.. In this cue. the ~ AdmIristration
(MARAn) ~ theS1ztc of Florida 'will simultanoous!y make ~.d.~OI1 ~ the use of
PCBs on the ~ has termi~ted when they sign a contract.foT.the~oftitl: of the vessel
for use a.& 2Il ~ reef: Then::fure. they-arc co-ge:n:ra:oI'! ofth~ Waste. If the title tra:ns:fer
occurs wbeo the -T o;:as PCB re:movaI contractors have physical. contmf of the vessel, then all ~
P'Utics CMARAD..F1orida and the contracto~)will be ~t:ru:'n.tors of the .w-astc.
lcientifying who is the gc::nenttor of the PCB V.~e is import!l.plfor ascert2lining whetile:- a.
COmmen::ia} stontgepemUt ~ needed to,~oTe PCB waste on the ~el- or 81 docl:side. If "
MARAn end,FIorida 2l.rC the only co-generetors, 8. permit is Dot Deecfed:ifPCB waste is stored On
the ~ but would be if more than 500 gallons are stored 21 any ~time at ckr...kside. If the
PCB remo...-a1 ~ntractor is aIso a co-generatQr, the waste could be stored either on th: vessel or
~~~. ."_"'lh v__ or s.....d H<a on tOC"ll:. ~ "_(~~
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at the contra.c:tor's docl:side &c::ffities without a commercial sto.-age permit. (A comm.crciaI
storage pcnnitmay,.howevcr, be needed to store at'docbide any wutes that the contractor
gcnentes by servicing equipment on the veSsel.. If that j; the situation., your canbtitu.eo1:s should
contact EP ~ Rcg:ion VI in DaIlas for further information.)
The co-gc:ncrzttorw must decide which-party will po.rform the required duti~ for the PCB
wastes rc:maved fro;n the ship (e.g.. c:wUfesting. recordl.:c:eping. annual reports. etc.). Once they
determine that ther.c.is DO use for the PCB mate:rialJ on ~ ship, the-ro-gene:2tors have one year
to cns:ura dclivcry-ofth: PCB waste to It disposal.fa.ciIity. OIcoursc..allPCB waste must be
stored and disposed ofin compliance with the PCB regulations. rc at some point. a commercial
s:toragc permit is:req~ it must be obtained from t.he EP A region.in which the facility is located
(m this cast; EPAR.egion VI in Dallas).
Let:me add tlu:1 EP A has considered and rejeded a mquest for c:nf'oro:::mmt ~
with rcspect1:o rcquircme:nts for It c:ommercizl storage pc:mit in this~. EPA has a general
policy against. giving "00 ILCtioc." assu~es for prospective viobtion!:'ofen.vironmcrttallaWi.
including.permit requirementS. The unusual. grant of such an asSUia:nce is aVAilable purely as It
matter ofEP A's discretion and oot as It right established by law. However. as the scenario I have
outlined above.wcWd indicate, a. com.tDerclal.storagc permit may not be required.
I apprecW.e.the compbcity involved in the 1nnsii:::- of the Spiegcl Grove, z:nd would like
to see any,dclays mi.nimir.ed. r strongly c:ncou."'Zge the State ofF1orid~ to.i.mmedi2.te1y begin
cUscus:sions With E.P A Region IV in Atlanta, priOr to ccmpletion of re:J1Qva1 activiti~ regarding
. the:final dispocition of the ship, by contacting:Stuart Pe:ry at 404-562--89&{}. Ifthcrc are cooce:'m
with a.ctivities et.the-contractor's facility iri.T~ TmJ Sales in EPAR.egion VI 81214-655-6796
is ~e c:otlta:::t, Ofcours:; TonyBa:ney of my st::ff: who has had consid~e disc:ucions with
your stxif emf your constituerns, c:m be reaclred :tt 202-260-3933- for any further clarification or
the requirements.
I hop-:: this bas helped clari....y the situztior. with regar.h to th~ 5piegcl Grove 2mrl that this
Ie:tt.et" he1psmove this r:J.!tti:e: forward. Please do not h::s:iw:: to contac;t-me if I can be offi..l."t.i-t:::-
asSJ.sta.nce. I
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Sin=-dy. I
~026d,p~
L)'r'R.. Goldman, M:.D.
.Ass:istant Ari.minittn.tor
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Memorandum of Agree
Amendment - Attach 5
MEMOltAND'lJM
:JNITEO STJ.TES ENVIRONttiNTAL PROTECTlON AG~NC'~
WASHINGTl,.N, D.C. 20-160
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0FFlCE OF
EN=ORCEMEHT Nt:)
COtw'f'UAN/:'E ASSURJlNC!
s~1ng o~ Ships, and ens Applicab~li~y ot the Asbascos
~J'
-.~_ _. ~~ d!- (..LJ c./ L ~ 'T
Elaine G. Stanley, Director
Ottice of compl~anc~
'1"0 : Winston A. Smith, Director
Air, pesticides and.Toxics ~anagement Division
Region IV ' '
SUBJECT:
FROM :
This is in res~onSe to Stan Me~berg's request that! write
to you concerning the applicability of ~he asbestos Nat~onal
EmiBs~on Standard fer Hazardous Air pollutants (NESEAP) to the
sinking of ships and, in particular, to the sinking of the
Spiegel Greve. Listed below are the maj or issues, and our
respO:lSe to those issues.
Issue 1:
How is the demolition of a ship covered under the asbestos
NESHAP?
Response:
A ship is defined as a faci~ity under the asbes~os NESF~.
Hp.~n~l~~~~rR ~~n~~d with Region IV's written position
(June 30, 1993 letter) stating that sinking a ship by setting
C'ontrolled Cb.argP.8 in t'h... hull iF; cnnz:;;d~rp-d a. demolition. Tn
further expand on our positio~, we believe there are two
alternatives for vigw~g the a~incr of a ship ~mde~ the asbestos
NESF~. The first, as a~eady stated, is that the sinking of a
Qhip ig :z. d.mc1iti.on as dQfiJ::.Qd undQr the .u=b~s:tos: ~SHA.P. To
sink a ship, some av~t has to occur to make a load s~pporting
ct~c~ural mQmbQr no longer capable of support~g thQ lo~d of th.
!acil~ty (in this case, the ship). The second alternative is to
viQW thQ QDtira chip a~ _cbQgtog-cont_ining-w~~tQ m:z.tgri_l. cinc9
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2
1c conca~ns commerci~l ~bbcs~oe an~ ~~ gene=ated by ~ cource
subjec~ to tbe pr~~isions of the asbestos NE5~ .' In this case,
the only opt:.ions for di.Spul:h'~ :~de=:; t;:1;1= regula :l.on:s arc c.t ~
landfill that operates in accordance with the rovisions of the
asbestos NES~, or ae an EPA-~p~ruvcd ~ite that c~nve:t~ RA~
and asbestos-contair.ing waste material into nonasbestos.
Addi tiona~l y , coe oeean J.,'UItlp1.l:g ACt: would 1:JL'uhlbi t oche dicpo15a.l
of this waste in the ocean. We .believe t~t the firs:,.
alternative m.ore appropriately reflect.s the intent; ur Lh~
regula.tion.
ISS1.;1.e 2:
If sinking a ship is considered a demoli~ion, what material
must be removed from the ship prior to 1t.s demolition?
Response:
The owner/operator would need to remove the RACM trom the
,:;hip that \l7ill or may be disturbed. Tnis includee friable
materi~l and nonfriable ~t:.erial that may have a high probabiLity
of hFllr.nm;.ng reg-..1.lated. durinc::r or after the demolition. Certain
asbeatos-containing materials may be left in place during the
d~moJ 1 ri nn _ Nonfriable 2Lsbes'Cos -containing rcaterial, such as
asbestos-conta~g gaskets, may gene~a~ly be left in place
dur~ th~ nAmolition. Additionally, friable material on a
facility component that is encased in concrete or other similarly
hard matQria1 may ~,~O be lefc in place. For example, asbestos
in: the bulkheads would be allowed to remain in place ;3.S long as
the bu.l.kh.:a.~ QrQ :lot: "'wT~c:ked'" and the asbestos is Dot exp:)sed
during the demolition. We believe that it is unlikely that thi~
matcri~~ would bQ relQ~~~d intn ~h~ p~7ironment. Pipe lagging
that is wrapped in cloth or t.in would not:. be iiD. examFle of
~ca~ed m~cc~i~l. Any enc.~Qd a~b~R~n~ r.r.at will be exposed by
any of the demolition activities would need to be removed orior
co ~e demolitio~. CatagCX1r II _~bQc=os-cnn~~;n;ng materiar may
c= may not be left in place. A case-by-case determir:ation would
u~ed co be ~ade :0= thcce ~tgri~l~.
!ll ~~~, maceri~l~ that wi11 be dis=urbed by ~r.~inn~
rela~ing t~ the demolition, or ~te=ials that are likely to fall
ot~ :shifJ t..:ulupone."1ttS duri:lS the demolic:.on or aJ; . rl.u;:ult of
enviro~~tal fo~ces afte= the demolition m~st be removed p=io=
co th: g~1n9 uf che ~hi? M~teri~l~ th~t ~Q not likely co
degraae significantly, including encased materials, may remain ~
place. Where che=~ 1s d cue~t~on, ~he nccrion or loc.l dQlecated
agency should use sound judgement cDnce~ing the ~ate Df th~
macerial in que~Llull.
~;
"
:'1:~~"
CERTIFICATE OF TITLE TRANSFER
FROM
THE STATE OF FLORIDA
TO
THE COUNTY OF MONROE
WITNESSETH:
WHEREAS, Public Law 92-402, dated August 22, 1972, as amended by Public Law 98-623, authorizes the Secretary
of Transportation to transfer to States, without consideration, all right, titIe and interest of the UNITED STATES OF
AMERICA in and to any obsolete vessel which, but for operation of Public Law 92-402, as amended, would be designated by
tile Secretary of Transportation for scrapping, if the State intends to sink such vessel for use as an offshore artificial reef for the
conservation of marine life; and
WHEREAS, the Secretary of Transportation has delegated this authority to the Maritime Administrator; and
WHEREAS, the ST ATE OF FLORID A filed application dated March 4, 1996, for the obsolete vessel SPIEGEL
GROVE (LSD-32) (hereinafter referred to as "Vessel") to be sunk off the coast of Florida as an artificial reeffor the
conservation of marine life; and
WHEREAS, tile Maritime Administrator has found tIlat tile use of tile Vessel, as proposed by the STATE OF
FLORIDA, will not violate any Federal law, contribute to degradation of the marine enviromnent, create undue interference
with commercial fishing or navigation, and is not frivolous; and
WHEREAS, the Maritime Administrator has autIlOrized transfer of tile Vessel to tile ST ATE OF FLORIDA. and tile
STATE OF FLORIDA has autIlOrized transfer of the Vessel to tile COUNTY OF MONROE; and
NOW, THEREFORE, in consideration of these premises:
I) The ST ATE OF FLORID A, as tile sole owner of the Vessel hereinabove identified, delivers the Vessel "as is" at
tile James River Reserve Fleet, Fort Eustis, Virginia to the COUNTY OF MONROE, and transfers all right, titIe,
and interest of tile STATE OF FLORIDA in and to tile Vessel "where is" in Brownsville Texas, to tile COUNTY
OF MONROE, without exchange of funds, and the COUNTY OF MONROE accepts same subject to the
following conditions:
a) TitIe to tile Vessel is transferred to the COUNTY OF MONROE pursuant to and subject to all terms and
conditions described in the Memorandmn of Agreement Between the STATE OF FLORIDA, FISH AND
WILDLIFE CONSER V A TlON COMMISSION and COUNTY OF MONROE dated iD- /0 - 't ~
b) The Vessel shall be utilized and maintained only for the purpose stated in the application. and sunk at the site
indicated in the application, and shall be charted and marked as a hazard to navigation. and
c) In the event that one or more of the tenns and conditions contained herein are not satisfied. the STATE OF
FLORIDA may, at its option, (i) revoke this CERTIFICATE OF TITLE TRANSFER or (ii) continue it
under such tenns and conditions as may be prescribed, and
d) Ifthis CERTIFICATE OF TITLE TRANSFER is revoked for any reason. the COUNTY OF MONROE shall
be liable to the UNITED STATES OF AMERICA and the STATE OF FLORIDA for any and all monies
received on materials removed for scrap over and above the expense necessary to remove such lnaterials
from the Vessel transferred under this CERTIFICATE OF TITLE TRANSFER the cost to retum the Vessel
to appropriate condition for long-tenn storage, and the cost to transport the Vessel to a storage site approved
by the Maritime Administration, and
e) The COUNTY OF MONROE shall not transfer Title to or sell the Vessel without first obtaining written
autllOrization from both the ST ATE OF FLORID A and the Maritime Administration. and
t) The COUNTY OF MONROE shall not move the Vessel from Brownsville, Texas without the prior written
approval of the U.S. Coast Guard and the U.S. Envirorunental Protection Agency. The COUNTY OF
MONROE shall provide copies of these authorizations to tlle STATE OF FLORIDA, and
g) The ST ATE OF FLORIDA, in the interest of furthering conservation goals, shall, in coordination Witll the
COUNTY OF MONROE, work with the South Atlantic Fishery Management Council for designation as a
Special Management Zone.
IN WITNESS WHEREOF, the ST ATE OF FLORIDA, as represented aforesaid, has caused this CERTIFICATE OF
TITLE TRANSFER to be signed, sealed and delivered this /o~J., day of ~,,<-- ,1999.
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
DIVISION OF MARINE FISHERIES
Director of Marine Fisheries
Approved as to form and legality
BY~/
C Attorney
BY:
DATE:
COUNTY OF MONROE
BOARD OF COUNTY COMMISSIONERS
.. A ,,\\ ~
, . ~~\'Lv"","-",~, -, ';-:::;--}"'-'. \..--.
BY: ~~ -...," ' ,
Chairman
Approved as to form and legality
APPROVED AS TO FORM
AND l l SUFFICIE~
BY:
DANNY L !~:;LW~-:: Cl -:--,:<
C,~~PI -:-/