Item K3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 18 February 2004
Bulk Item: Yes No ~
Division:
Growth Management
Department:
Marine Resources
AGENDA ITEM WORDING:
Approval of a Resolution sponsored by the Marine and Port Advisory Committee opposing future dumping of
phosphate laden waters in the Gulf of Mexico with direction to send the Resolution to the State of Florida, the
Governor and the Secretary of the Department of Environmental Protection if adopted.
ITEM BACKGROUND:
The Piney Point Phosphate plant declared bankruptcy in January, 2001, and since that time, the plant located
near Tampa Bay, Florida, has been abandoned by its owners. The State of Florida assumed responsibility for
the Piney Point Phosphate plant in part because it was becoming a hazardous waste problem. The Piney Point
Phosphate plant had accumulated rainwater in the many open pits already containing toxic phosphate waste by-
product. The State of Florida applied for and received from the U.S. Environmental Protection Agency, an
emergency permit to drain the pits and discharge up to 534 million gallons of contaminated wastewater into the
Gulf of Mexico. Beginning in August, the State of Florida began daily dumping of several million gallons of
contaminated phosphate wastewater into the Gulf of Mexico from the Piney Point Phosphate plant. The EP A
emergency permit expired in November 2003.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS;
Recommended by the MP AC
TOTAL COST:
None
COST TO COUNTY:
None
BUDGETED: Yes
SOURCE OF FUNDS:
No~
NA
REVENUE PRODUCING: Yes
APPROVED BY: County Atty ~
DIVISION DIRECTOR APPROVAL:
No ~ AMOUNT Per Month
Year
Not Required
DOCUMENTATION: Included -L To Follow
DISPOSITION:
AGENDA ITEM NO.:
BC040220,doc
01/28/043:05 PM
F~B-03-04 09,12 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516
PAGE
1/2
Marine Resources
~OLUTION NO. 2004
RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS OPPOSING OCEAN DUMPING BY THE STATE OF
FLORIDA AS A SOLUTION TO THE PINEY POINT PHOSPHATE
PLANT ISSUE
WHEREAS, the Piney Point Phosphate plant declared bankruptcy in January, 2001, and
since that time, the plant located near Tampa Bay, Florida, has been abandoned by its owners
and;
WHEREAS, the State of Florida has assumed responsibility for the Piney Point
Phosphate plant, and
WHEREAS, the Piney Point Phosphate plant has accwnulated rainwater in the many
open pits already containing toxic phosphate waste by-product; and
WHEREAS, the State of Florida applied for and received from the U.S. Enviromnental
ProteCtion Agency, an emergency permit to drain the pits and discharge 534 million gallons of
contaminated wastewater into the Gulf of Mexico, an area that has experience decreased warer
quality and a dead zone for several years; and
WHEREAS, beginning in August, the State of Florida dmnped 534 million gallons of
cont~minated wastewater into the Gulf of Mexico from the Piney Point Phosphate plant, and
WHEREAS, currents carry waters from the Gulf of Mexico into the waters of the Florida
Keys National Marine Sanctuary and the Piney Point discharge of contaminated wastewater is a
likely contributor to the recent 'further decline of water quality and red tides; and
WHEREAS, the Piney Point Phosphate plant continues to ~umulate approximately 12
million gallons of contaminated wastewater with each inch of rainfall and currently contains
approximately 700 million gaHons of such waste, and
WHEREAS, the US EP A has refused to extend the pennit to allow the State of Florida
to dump additional waste from Piney Point Phosphate plant into the Gulf of Mexico; and
WHEREAS, the State of Florida is now considering discharging the contaminated waste
into Jocal inland waterways of Florida, contrary to its own regulations for such direct discharges,
now,
THEREFORE~ BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS. MONROE COUNTY, FLORIDA THAT:
eCO<W221 ~PilleyPointPhosphltl~
01/2812004 8;45 AM
F~B-03-04 10,10 FROM,MONROE COUNTY ATTY OFFICE ID,3052823518
PAGE
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Marine Resources
1. the Commission opposes the practice of dumping phosphate waste at sea as recently done
by the State of Florida and opposes the inland dumping of phosphate mu;te in Florida;
and
2. the Commission notes that it is inappropriate for the Statt: of Florida to endanger the
already compromised waters of the Gulf of Mexico and the Florida Keys through such
irresponsible actions;
3. the Commission recommends that the State of Florida take immediate action to resolve
the Piney Point phosphate plant disposal issue by treating the waste rather than dwnping
it into waterways; and
4. the Commission further recommends that the State of Florida launch a full investigation
into all similar plants in the State of Florida. and take similar remedial action before they,
too, become a danger to the water quality of the state; and
5. the Commission requests that the State of Florida treat all waste under its authority
responsibly and dispose of it in an environmentally-friendly manner that does not
endanger the coral reef ecosystem of the Florida Keys National Marine Sanctuary or
other state waters of Florida.
PASSED AND ADOPTED by the Board of County Commissioners, Monroe County,
Florida at a regular meeting of said Board held on the 18th day of February, A.D., 2004.
Mayor Murray Nelson
Mayor Pro Tem David Rice
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonn)''' McCoy
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
MA YOR/CHAIR PERSON
(SEAL)
ATTEST:
DANNY 1. KOLHAGE, CLERK
BY:
DEPUTY CLERK
BC040221 RcspjneyP()inlPhospha~
01128/2004 8:45 AM