Resolution 617-1999
FIrED FOR RECORD
00 JAN 14 AH II: 38
DANNY L. KOLHAGE
CLK. CIR. C:.
MONROE COUNTY. F...~.
RESOLUTION NO.
Board of County Commissioners
617
-1 999
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, REQUESTING THAT THE
STATE OF FLORIDA PETITION THE U.S, ENVIRONMENTAL
PROTECTION AGENCY TO DECLARE ALL WATERS OF THE
STATE WITHIN THE BOUNARIES OF THE FLORIDA KEYS
NATIONAL MARINE SANCTUARY A NO DISCHARGE ZONE FOR
WASTEWATER, WHETHER TREATED OR NOT, FROM ALL
VESSELS.
WHEREAS, the Florida Keys are a unique national treasure of international
acclaim that contain environments that are easily susceptible to damage from human
activities and possess high value to humans when properly conserved; and
WHEREAS, the economy of the Florida Keys is based in large part on tourism
and fisheries that are directly tied to the ecological resources and quality of the waters
surrounding the Florida Keys; and
WHEREAS, Congress created the Florida Keys National Marine Sanctuary with
the signing ofHR5905 (Public Law 101-605, the Florida Keys National Marine
Sanctuary and Protection Act) on November 16, 1990; and
WHEREAS, Congress recognized the critical role of water quality in maintaining
the ecological resources of the Florida Keys and directed the U.S. Environmental
Protection Agency and the State of Florida to develop a Water Quality Protection
Program for the Sanctuary; and
WHEREAS, the purpose of the Water Quality Protection Program is to
recommend priority corrective actions and compliance schedules addressing point and
nonpoint sources of pollution to restore and maintain the chemical, physical, and
biological integrity of the Florida Keys National Marine Sanctuary, including restoration
and maintenance of a balanced, indigenous population of corals, shellfish, fish and
wildlife, and recreational activities in and on the water; and
WHEREAS, the National Oceanic and Atmospheric Administration developed a
Final management Plan/Environmental Impact Statement for the Florida Keys National
Marine Sanctuary that contains the Water Quality Protection Program as one of the
Action Plans that became effective on July 1, 1997; and
WHEREAS, on July 22, 1999, the Monroe County Board of County
Commissioners became a signatory to the Interagency Compact Agreement for the
Integrated Management of the Florida Keys National Marine Sanctuary; and
WHEREAS, the State: of Florida recognized the importance of good water quality
to ecosystem structure and function and declared the waters surrounding the Florida Keys
as "Outstanding Florida Waters" (Florida Environmental Regulatory Commission, 1985);
and
WHEREAS, the Water Quality Protection Program Phase II Report (1990) and
other studies have determined that discharges of wastewater from vessels result in
violations of State water quality standards (dissolved oxygen and fecal coliform
standards), as well as nutrient enrichment of surface waters; and
WHEREAS, the Water Quality Protection Program identified the need to
eliminate sewage discharges from live-aboard vessels and other vessels as a high priority
action item (Strategy L.l, Activity 1); and
WHEREAS, the Florida Clean Vessel Act (1994) allows vessels other than
houseboats to discharge treated wastewater, which includes nutrients, into waters of the
State; and
WHEREAS, recent near shore water quality tests for nutrients, bacteria, and
viruses have determined contamination of surface waters by human wastes; and
WHEREAS, the State of Florida, as requested by the City of Key West, recently
determined that the protection and enhancement of the quality of waters surrounding the
City of Key West require greater environmental protection, completely prohibited the
discharge from all vessels of any sewage, whether treated or not, into such waters out to a
distance of 600 feet from shore; and
WHEREAS, the U.S. Environmental Protection Agency pursuant to Section
312(f)(3) of the Clean Water Act (Public Law 92-500) recently (August 25, 1999)
determined that adequate pumpout facilities for safe and sanitary removal and treatment
of sewage from all vessels are reasonably available for the waters surrounding the City of
Key West; and
WHEREAS, the Clean Water Act authorizes the Administrator of the U.S.
Environmental Protection Agency to determine, upon application by a State, that if the
protection and enhancement of the quality of specified waters within such State requires a
prohibition of discharges of wastewater from vessels, he shall by regulation completely
prohibit the discharge from vessels of any sewage, whether treated or not, into such
waters; and
WHEREAS, there are approximately 23 shore-based and three mobile pumpout
facilities operating in the Florida Keys and funding is currently available for
approximately seven addition pumpout facilities; and
WHEREAS, the Florida Keys National Marine Sanctuary, in cooperation with
other government agencies arid nonprofit organizations, is developing an education
program to inform boaters about the location of existing pumpout facilities and the
importance of using those facilities, and an enforcement program to deter the discharge of
vessel-generated wastewater to water of the Florida Keys National Marine Sanctuary;
now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Section 1. The above recitals are ratified and adopted by this reference.
Section 2. The Board requests that the State of Florida petition the U.S.
Environmental protection Agency to take action under its authority granted in the Clean
Water Act (Section 312 (f)( 4A) to prohibit the discharge of any sewwage from a vessel,
whether treated or not, into waters of the State within the Florida Keys National marine
Sanctuary.
Section 3. The Board urges that the National Oceanic and Atmospheric
administration take action under its authority granted by the Florida Keys National
Marine Sanctuary and Protection Act of 1990 to extend the prohibition of discharge of
any sewage from a vessel into federal waters of the Florida Keys National Marine
Sanctuary.
Section 4. The Board urges that the State of Florida and the United States
Environmental Protection Agency continue to identify areas where pump out facilities are
required to facilitate compliance by all vessels with a Sanctuary-wide a no discharge
zone, and continue to fund construction of pumpout facilities with fund from the Federal
Clean Water Act and other sources.
Section 5. The Board strongly supports the development of an education program
to notify boaters of the location of pumpout facilities and the impoliance of using those
facilities, and a strong enforcement program to deter the discharge of vessel-generated
wastewater into waters of the Florida Keys National Marine Sanctuary.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 8th day of December,
1999.
Mayor\Shirley Freeman
"_~ommissioner :nar\ley ,
,< ~. Co, issioner George Neugent
',:~~i':"\~ ~, sioner Mary Kay Reich
,'Cnlil . ioner Nora Williams
'. . ~ .
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(SEAL) .,.,...j " /
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Attest: Danry.yL Kolhage, Clerk
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BOARD OF COUNTY COMMISSIONERS
:?Sr::;;?-~
Mayor/Chairman
A RESOLUTION
OFTIIE
FLORIDA KEYS NATIONAL MARINE SANCTUARY
WATER QUALITY PROTECTION PROGRAM
STEERING COMMITIEE
Whereas, the Florida Keys are a':unique national treasure of international acclaim that contain
environments that are easily susceptible to damage from human activities and possess high value
to humans when properly conserved, and
Whereas, the economy of the Florida Keys is based in large part on tourism and fisheries that are
directly tied to the ecological resources and quality of the waters surrounding the Florida Keys,
and
Whereas, Congress created the Florida Keys National Marine Sanctuary with the signing of
HR5905 (Public Law 101-605, the Florida Keys National Marine Sanctuary and Protection Act)
on November 16, 1990, and
Whereas, Congress recognized the critical role of water quality in maintaining the ecological
resources of the Florida Keys and directed the U.S. Environmental Protection Agency and the
State of Florida to develop a Water Quality Protection Program for the Sanctuary, and
Whereas, the purpose of the Water Quality Protection Program is to recommend priority
corrective actions and compliance schedules addressing point and nonpoint sources of pollution to
restore and maintain the chemical, physical, and biological integrity of the Florida Keys National
Marine Sanctuary, including restoration and maintenance of a balanced, indigenous population of
corals, shellfish, fish and wildlife, and recreational activities in and on the water, and
Whereas, the National Oceanic and Atmospheric Administration developed a Final Management
PlanlEnvironmental Impact Statement for the Florida Keys National Marine Sanctuary that
contains the Water Quality Protection Program as one of the Action Plans that became effective
on July 1, 1997, and
Whereas, the State of Florida recognized the importance of good water quality to ecosystem
structure and function and declared the waters surrounding the Keys as "Outstanding Florida
Waters" (Florida Environmental Regulatory Commission, 1985), and
Whereas, the Water Quality Protection Program Phase IT Report (1993) estimated that
wastewater discharges from vessels contribute approximately 3.5% of nitrogen and 5.5% of
phosphorus discharge into waters of the Florida Keys, and
Whereas, the Florida Department of Environmental Regulation (1990) and other studies have
determined that discharges of wastewater from vessels result in violations of State water quality
standards (dissolved oxygen and fecal coliform standards), as well as nutrient enrichment of
surface waters, and
2
Whereas, the Water Quality Protection Program identified the need to eliminate sewage
discharges from live-aboard vessels and other vessels as a high priority action item (Strategy L. 1,
Activity 1), and
Whereas, the Florida Clean Vessel Act (1994) allows vessels other than houseboats to discharge
treated wastewater, which includes nutrients, into waters of the State, and
Whereas, the State of Florida as requested by the City of Key West recently determined that the
protection and enhancement of the quality of the waters surrounding the City of Key West require
greater environmental protection, completely prohibited the discharge from all vessels of any
sewage, whether treated or not, into such waters out to a distance of 600 feet from shore, and
Whereas, the U.S. Environmental Protection Agency pursuant to Section 312 (f)(3) of the Clean
Water Act (public Law 92-500) recently (August 25, 1999) determined that adequate facilities for
the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for
the waters surrounding the City of Key West, and
Whereas, the Clean Water Act, authorizes the Administrator of the U.S. Environmental
Protection Agency to detennine upon application by a State, that if the protection and
enhancement of the quality of specified waters within such State requires a prohibition of
discharges of wastewater from vessels, he shall by regulation completely prohibit the discharge
from vessels of any sewage, whether treated or not, into such waters, and
Whereas, recent near shore water quality tests for nutrients, bacteria, and viruses have determined
contamination of surface waters by human wastes, and
Whereas, there are approximately 23 shore-based and three mobile pumpout facilities operating in
the Florida Keys and funding is available for about seven additional pumpout facilities, and
Whereas, the Florida Keys National Marine Sanctuary in cooperation with other government
agencies and nonprofit organizations is developing an education program to inform boaters about
the location of existing pumpout facilities and the importance of using those facilities, and an
enforcement program to deter the discharge of vessel-generated wastewater to waters of the
Florida Keys National Marine Sanctuary.
Now therefore, be it resolved that the Water Quality Protection Program Steering Committee
supports and recommends the following:
1. That the Monroe County Board of County Commissioners and the State of Florida request
that the U.S. Environmental Protection Agency take action under its authority granted in the
Clean Water Act (Section 312 (f)(4A) to prohibit the discharge of any sewage from a vessel,
whether treated or not, into State waters of the Florida Keys National Marine Sanctuary; and
3
2. That the National Oceanic and Atmospheric Administration take action under its authority
granted by the Florida Keys National Marine Sanctuary and Protection Act of 1990 to extend the
prohibition of discharge of any sewage from a vessel into federal waters of the Florida Keys
National Marine Sanctuary.
Approved by the Wate Quality Protection Program Steering Committee on October 27, 1999.
. Hankinson, Jr
Regional Administr r
U.S. Environmental Protection Agency
Region 4
Co-Chair
CZi1AA~^ ~-
Kirby B.Gree , - \J~'
Deputy Secretary
Florida Department of Environmental
Protection
Co-Chair