Resolution 177-1991
Commissioner Stormont
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RESOLUTION NO. 177 -1991
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,A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, AMENDING RESOLUTION NO. 161-1991
CONCERNINGl.. MONROE COUNTY ORDINANCE NO. 029-1989
PERTAINING TO PHOSPHATES.
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WHEREAS, on April 24, 1991, the Board of County Commis-
sioners adopted Resolution No. 161-1991, and
WHEREAS, the Board now desires to amend said Resolution No.
161-1991 by adding paragraph K to Section 1, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
Section 1.
Resolution No. 161-1991 is hereby amended by
adding paragraph K to Section 1, as follows:
ilK. Florida Administrative Code Rule 9J-5.0l3(2)
requires
Conservation Goals,
Objectives
and
Policies that conserve, appropriately use and
protect the quality of current and projected water
sources and waters that flow into estuarine waters
or oceanic waters and protection and conservation
of the natural functions of existing soils,
fisheries, wildlife habitats, rivers, bays, lakes,
floodplains, harbors, wetlands including estuarine
marshes, freshwater beaches and shores, and marine
habitats."
Section 2. The Clerk of the Board is hereby directed to
forward a certified copy of this Resolution to 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.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 15th day of May, A.D., 1991.
Mayor Harvey Yes
Mayor Pro Tem London ~es
Commissioner Cheal Yes
Commissioner Jones Yes
Commissioner Stormont Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By:
. Mayor/~airman
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
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~ESOLUTION 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
STATEWIDE.
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;;'WHEREAS, on October 10, 1989, the Board of County
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~~o~sioners of Monroe County, Florida, enacted. Ordinance
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~P29-t989, ~st8blishing maximum limits of .5% phosphorus by weight
:c .ex
~ ~se~l~ laundry detergents which shall be permitted to be
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sold 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 COlllllissioners 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 produce. i. 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 establi8he~ findin2s 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
Sfate) presently containing very low nutrient
concentrations.
G. The State of Florida, in conveying Outstanding
Florida Waters designation to the waters
surrounding the Florida Keys, bas charRed the
Department of EnvirQnmental ~e&ulation with
maintainina water quality in Clast III Outstandin2
Florida Waters of 80 as not to exceed 0.1
mlcorarams per liter in pred01llinantly marine
waters.
H. The "Florida Keys Monitoring Study" (July 1987) U
the Department of Environmental Reaul.tion itself,
has detected elevated concentrations of total
phosphorus in marine waters surroundina the
Florida Keys, in excess of the standards
established for Class III Outptandina Florida
Waters
I. The continued pressure by the Soap and Detergent
Association, on behalf of the major detergent
producers in the United States, to foree the
Department of Environmental Reaulation to withdraw
~heir acceptance of Ordinance 029-1989 constitutes
undue influence and pressure on behalf of the
manufacturer's economic l!:ain at the sacrifice of
stsndards established in Florid, Administrative
Rules and charged to the Department of
Environmental Reaulatian to enforfe
J. Such standards established by Monroe County,
Florida, to prohibit the sale of household laundry
detergents containing excessive phosphorus, by
weight, wi 11 not cause economic hardship to the
Soap and Detergent Association .embers, in that
products currently on sale on ~nroe County are
beinl!: already produced by Itembtrs of the
Association in various packal!:iQ& and formulas,
which are acceptable under the standard imposed by
Monroe Countr.
Section 2. The Board of County COllDllissioners 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 PluDlDer and the Honorable Ron Saunders to
actively resist the efforts of the Soap and Deterl!:ent Association
in diminishin~ the intent of Outstandin~ Florida Waters
le~islation by attemptin~ to modify the direction of the Board of
County Commissioners. Monroe County. Florida. in enactin~
Ordinance 029-l98?
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
(Deterxents) so as to update measurement criteria established in
1972 so as to conform wi th the measure~ent techniQues.
methodolo~y 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 regul&r meeting of said Board held
on the lilh day of April, 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: .
kayor/\,;ha1rman
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
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