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Resolution 161-1991 RESOLUTION NO. 161-1991 - 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 ~- 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. "'- 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 . ...-'~- By: \.o.t.~."4N'-'~."--"':':- ~ " - --Mayor/Chairman - (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BY:~~~ epu er