Resolution 161-1991
RESOLUTION NO. 161-1991
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY URGING THE DEPARTMENT OF ENVIRONMENTAL
REGULATION OF THE STATE OF FLORIDA TO VIGOROUSLY PURSUE
THE SUPPORT OF AND THE ACCEPTANCE OF MONROE COUNTY
ORDINANCE NO. 029-1989 AND URGING THE GOVERNOR OF THE
STATE OF FLORIDA, THE FLORIDA CABINET, AND LEGISLATORS
REPRESENTING MONROE COUNTY, FLORIDA, TO ACTIVELY AND
DILIGENTLY PURSUE IMPLEMENTATION OF SUCH STANDARDS
STATEtY'IDE.
C' ~
2: ~WHEREAS, on October 10, 1989, the Board of County
c' 0-'
~~o~sionefs of Monroe County, Florida, enacted Ordinance
ex , '
3J29-~89" ,g~t:ablishing maximum limits of .5% phosphorus by weight
Cl :c.:~ .'~ ~
\.i.h h$luse~li laundry detergents which shall be permitted to be
..:r 0'\ 'eI:E
~old'in Monroe County, Florida, and
WHEREAS, the above same ordinance established that machine
dishwashing detergents containing less than a maximum limit of
5.9% phosphorus by weight were exempted from such regulation, and
WHEREAS, such ordinance was transmitted to the Florida
Department of Environmental Regulation in early for their
acceptance, and
WHEREAS, such acceptance was determined in May. 1990, and
WHEREAS,
the Soap and Detergent Association
(SDA),
representing major national soap and detergent manufacturers has
filed administrative action with the Department of Environmental
Regulation so as to lessen and weaken the effect of such
ordinance in the prevention of man-induced nutrients such as
phosphorus into the marine waters surrounding the Florida Keys,
so as to further their own economic gain at the expense of the
environment which is so critical to the economic and recreational
well-being of Monroe County, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY:
Section 1.
following:
The Board of County Cormnissioners finds the
A. The methodology utilized and specified in
Ordinance 029-1989 is a federally recognized
methodology and is the methodology specified on
all household laundry packaged detergents, by all
manufacturers of detergent products in the United
States.
B. Such methodology is easily recognized by retailers
and consumers so as to enable them to readily
choose products which are not detrimental to the
environment of the Florida Keys.
C. The challenge of the Soap and Detergent
Association constitutes an attempt to weaken
acceptable standards to solely further their
economic gain at the expense of the environment of
the Florida Keys.
D. The methodology for measurement of household
laundry packaged detergent produces is readily
reducible to scientific measurement of phosphorus
content, in the packaged source, whether in dry or
liquid form.
E. The Department of Environmental Regulation, in
establishing F.A.C. Rule 17-1
Water Quality
Standards itself has established findings that
excessive nutrients (Total Nitrogen and Total
Phosphorus) constitute one of the most severe
water quality problems facing the State (F .A. C.
17-3.001(11).
F. The Department of Environmental Regulation, in the
same Rule citation has found that particular
consideration shall be given to the protection
from nutrient enrichment of those waters (of the
~sate) _presently containin~ very low nutrient
concentrations.
G. The State of Florida, in conveying Outstanding
Florida
Waters
designation
to
the
waters
surrounding
Department
the Florida Keys,
has
charged
the
L
of
Environmental
Regulation with
maintaining water quality in Class III Outstanding
Florida Waters of so as not to exceed 0.1
micorgrams per liter in predominantly marine
waters.
H. The "Florida Keys Monitoring Study" (July 1987) Ez
the Department of Environmental Regulation itse1fJ
has detected elevated concentrations of total
"-
phosphorus in marine waters surrounding the
Florida Keys J
in excess
of
the
standards
established for Class III Outstanding Florida
Waters
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I. The continued pressure by the Soap and Detergent
Association, on behalf of the major detergent
producers in the United States, to force the
Department of Environmental Regulation to withdraw
!heir ac~~tance of Ordinance 029-1989 constitutes
undue influence and pressure on behalf of the
!I}!nufacturer's economic gain at the sacrifice of
standards established in Florida Administrative
Rules
and
charged
to
the
Department
of
Environmental Regulation to enforce
J. Such standards established by Monroe County,
Florida, to prohibit the sale of household laundry
detergents containing excessive phosphorus, by
weight, will not cause economic hardship to the
Soap and Detergent Association members, !...n that
~foducts currently on sale on Monroe County are
being
already produced by members
of
the
Association in various packagin~ and formulas,
which are acceptable under the standard imposed by
Monroe Coun_~.
Section 2.
. ~
The Board of County Commissioners of Monroe
County urge the Secretary of the Department of Environmental
Regulation, the Governor of the State of Florida and his Cabinet,
the Honorable Larry Plummer and the Honorable Ron Saunders to
~ctivefY resist the efforts of the Soap and Detergent Association
in
diminishing
the
intent
of Outstanding
Florida Waters
,...~
legislation by attempting to modify the direction of the Board of
County Commissioners. Monroe County. Florida. in enacting
Ordinance 029-1989.
Section 3.
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The Board of County Commissioners, Monroe
County, Florida, additionally urge the Secretary of the
Department of Environmental Regulation, the Governor of the State
of Florida and his Cabinet, the Honorable Larry Plummer and the
Honorable Ron Saunders address the revision of F.A.C. Rule 17-14
(Detergents) so as to update measurement criteria established in
1972 so as to conform with the measurement techniques.
methodology and standards in the Federal Pollution Control Act of
1983 and the standards of the Florida Air and Water Pollution
Control Act, as amended through 1989.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the ~ day of ~pril, A.D., 1991, by the following casting of
votes:
Commissioner Cheal Yes
Commissioner Jones Yes
Mayor Pro Tem London Yes
Commissioner Stormont Yes
Mayor Harvey Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By: \.o.t.~."4N'-'~."--"':':- ~ "
- --Mayor/Chairman -
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY:~~~
epu er