Resolution 370-1989
1
t I
.~.)
RESOLUTION NO.
370
-1989
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE FILING OF A GRANT
APPLICATION WITH THE FLORIDA DEPTARTMENT
OF NATURAL RESOURCES, AND DIRECTING THE
EXECUTION OF SAME BY THE PROPER COUNTY
AUTHORITIES.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. That said Board has been notified of the availability
of pass-through federal funds from the Florida Department of
Natural Resources.
2. That Monroe County Extension Services has received
preliminary approval for the submission of a grant application
to create a Derelict Vessel Removal Program for which a grant of
$425,000.00 (approximately 250 vessels at $1700.00 per vessel).
3. That said Board hereby directs the execution of this
application by the proper County Authorities.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
J t.4 " eo.
on this ~ day of
, 1989, A.D.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By /JII~#/~
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
~~~.tP./
miOW
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
By
~rv) )', 61~
Attorney's Office
'i
SS: Zld 9- lOr 68.
J C \." ...) _: '-- ~
,"1 -l
. ',I.J II.....
"I ~
. .30 Form:
Application for Derelict vessel Removal Grant
"
FLORIDA DEPARTMENT OF NATURAL RESOURCES
3900 Commonwealth Boulevard
Tallahassee, Florida 32303
Application For Derelict vessel Removal Grant
Part I
6/30/89
Date
Name of Applicant:
Monroe County
Mailing Address:
P. O. Box 2545. Kev West. Florida 33045-2545
Contact Person:
Jeffrey A. Fisher
Telephone t (305) 294-4641 x160
Total Amount of Requested Grant Funding: $67/linear ft., $1600 per vessel
population: 75,000
No. Registered Vessels:
*No. Derelict Vessels: 250
projected Completion Date of program. 1993
* Attach a copy of the Florida Marine Patrol Derelict Vessel Report for each vessel
to be considered for removal with grant funds. (Copies of these reports may be
obtained from the local FMP D~strict Office.)
proposed method for handling the removal and disposal of the designated
Derelict Vessels:
tJ
G1
Use of contractual" services: not known - will advertise for competi~
Specify proposed contractor, if known blds
Use of own resources
Part II
Designated Derelict vessels To Be Removed
FMP I.D. .
of Vessel
Length of
Vessel
Est. Cost
per
Linear Ft.
projected
Total Cost
of Vessel
Removal/Disposal
Designated Disposal
Site (Specify Artificial
Reef Site or Landfill
LOca tion)
1
2
Approximately 250 derelict vessels
reports and lists enclosed
3
4
5
6
7
8
9
10
11
12
13
14
15
Part IV
As duly authorized by mDY7 I'd e.- {~ k t1" \f , I
I
hereby make application on behalf of the applicant for a Derelict
Vessel Removal Grant pursuant to 16N-16.29, F.A.C. I certify that
the above supplied documentation is correct to the best of my
knowledge and that the grant applicant agrees to the conditions
specified in this application.
(' - ~ 6 .- !r'l
/Signature
Ex+. SaVill j)\ 'T~~L
Title
Date
,3D,S- - :} (1 L - ~ 7 rr6
Telephone No.
ONR 20-232-FMP
2-86
~}C:~':~"~:-:';~ :i C"l:,
'\/ F!,' :-::. ::::' E' } ::::.
cii ,L i:i".:::\ \,' ::~:' f:? ).~ i st. i 'f $ ..~, n e ::.:: :~, C~'.-'" i ca.,." F'f"f' ::::. c~ 1_'{ F.,:t .t. (') t. -;~~ E,..,
-:'CII'J't, :~ '(j'l:i (')\.',; !:::.
:::IC~(~~ t. (.?';""
~~ '('{vet 1",,'Ei,nEt.t(C. r
'Ti-~ (2 1'.'. e}':;:.
" "
Wl,- ,i
;:i i ";ti:;(.;.... ~;:..
ts 4~i'\l f.~'
C; 1::'(r"'1:-1 i ct.
',"e~~'-=;,E'.1. s..
E)Crr.r'~~'?
r.:a:i S:.l':?
i:;(
'tsC:~'\t' ~, -g i:;'( 1'. '.~, Cc't's
[:J'("Ci?).i 2rn, i,,.~r.':1 1 \~ s.c)rllf..-? 'r"'E't:n""~.:?~~"e'rf'c.
r..~.(.s
i.-=-'("~.... i ')oA'Cf(Jf{H~'(J't" Ci 1.
.t.~ y,c1 ./ Ct'$"
(~~.('s i::il=\i:.t,;-i{-:?1:. i c' c~e~;?'r.'~GfE\t i C((i..
;=f2W
jriCrU 1 ct
Bct i_I <:":111..,/
:.;-)'f"'t-=-I~.t.;::~"s"$ 'p'l~ltJl :ic' ""'JE~F.~lt:Mt"
{r;e ", Ei'v ~jI E~"rfC' } c{E.~'::;"rd 1 i =.t. !;:.;..
',1.': {:,.,.....
'(I;it"$ :i c:'r~ '{I'lf.:: ;--, c:t'.", E!
[>\1
. . ,
~ _ .:('f""'} c:;:~
~1C:1'r-' i 't':E~ 'l:':i~-t. .;'"."c(:\. , ~~(,-2 :~'j (';i',..' E'
",::' -;::-~:;:
).- '-' ..'
UV 'r"tz C<C'.r"'t ::':..
,,.;;::=-
~-:'.~ E":3Cr'S"..t. S -f' 's#"C~1n t.1Ms i?
h ECv'e l?'rsc'l C.~::.E:t:1 21
_~i~Y ;~I'f O\3Y" 3 yea~ DV p~a1) as ~~ell~
~l}\~'i"')' 'fe\"J ()'f;" t;~"1l:2' ",,';;"?~,s:,eJ.S C.f'n '\-d.~= :i:.ist.;;:. ',,",H)'ulci ~.)2 ~::~,\.'1it.at)iE'! 'fc)'r'
\r.'t..). ~":a.C:i~2, "-'(2er l:'c-:'~"'~s,t.'.'\..:c,t"ic-:'(J. "rt.1t-?,/ i::<'r-'l:;' i::..iJ. 'r'"'E'}i:~ii~i'vel),. slnall 2(('I{j "{{lacier
,~ .t~~'~er woc<d Cey' fiberglass.
CCf!S't. ()'f 'r'ernccv',::<l i!::). i;;<'nCt-~.~\..'~e'(" r~'.i'f'fic''i..\1t. ::;~Jr:{'~et:"t,.
tj"f"st. i.1 'v~ l=? i-I i;'l''l Eo' c:1.
~'-j ~ c~ '5 ~.;:t.? C'l;:.(JP{;:""rC(t. 'f-'e-B 11 ::l k'JPSC';"'f t. r-H~:' C'C'~;:,t."
.::r~,.....t"("'c:\c-.t,~.:' u'I'"!'t,:il t:"'if:? i;p'.'i:.H'ft: :i.s aop'l~.c<vec;.
A'('r i:~'\t'E"""'r.:~J..?~2 C"C(~..1:. r)~~'("'
~'~e CB'('fne<t. a s~.
'::h:rr' cu'j'"'.j'".e....ft.
ve~;:,!:::,e 1 ..,C:<U 1 r.:i
f.cn....
t:ci {js
iEff'Ilj 1 r.=rt.
i ~:; ':f:)t; i
;.ct2-t.,.... : i .f"Jt?C':o.... 'F c1c<<t.
est imat.e
apr-<"r"'C:')ll mat. ~':
':13! 600.
~~l!::~cf, ~::..i'~"Il:'e .t:l9 'j~"'~.11es '{'"2qu:i.('.e .t,:-JI'::\'t: eae~'r'J :~)"'.J t)~? .t't"E:ra,t.ed
'..;,~{)i'",,'ic:tli::~l:i),' 6~:~ t.c( :.:1} J:re'r-')(;'it.t.i'~~9, ):2) If.?qal '("'f?JnC('val, ;:~:) di!::.pc(!.';,(B}~
;C.'tLl ":J+) ~~;Crt::.tHJH?'f'ft.a't.icfn, ~Lt. 1~~:. r~-2}t. t.'f~12f"t \;I~E# c'c;','ts'f",c<<t. s:.u!)tnit. a ~"bl.=l'f"s~.E't,"
';_~, ''''l .t.
~)'r""'C<~:~Cr~'C::111r
'{] t\ '1"
i;~1 ~)~:) 1 i C'i~ t. j, C<<'("~
15
:i.',.,
esse~ce a 'vessel'-by-vessei
~_'.lCt!..:;:.a I If
....lt~ e.n"st. i c. ~i {) c:-: "j,: F..=t t. "i"H.~ [) ~~ r~ 3 ;,:q:)"("C)'tl ~it"u;.l c;4 =. ~_Hn r:..:q- U~C(':'s E(~;' "
t,.jE-: v',(Ctl:..l:;' [j 'l/'~rCr"$#":-~.
i l::-' U r; r,:<e-'",'
}o.: '~?)' S~. ;::.t'f'" ~i r,.) f~ '("" i 1 >, ~ ...... e- ~==. ~. E' 1 t<<),.
t: :'. ;"Ilt? ErnU 1 j','qi:'i :; :i t: .i. c,s.,,::,p'nlJ:\ t, "
...,. f:~,! ~:. s;.e i ,
'{'"eroe,',,' i 'fst;?
jtvt"jd't.
{jc~ 11 a'r-'S.~
['j w~'-~ '::,'l~ ~1. c:.=,~!
;!~(:I'r"("Cr l:'::
c: CI ~.rnt. ~y'
~.,',J~. :: I
'..,l....it,e
,':t'nd
ach...e.S"..t ~::. S:'L~
-,:. ;"',~.?
.) etr)
.f"-=,C' ::. f~. c:'"i i::i.t.:-" c('j"s~~.,
- ,:1 C:.l ~-",. IICCfr's,~ t. C('(" t. 'r,E'
:: ,==.t
C'Cf.~lt. 'f.'i:::{C'-~. ~:.
-fc-;y. rjc.~ 1 :i ~~'r'" ~S:1ncn..~'r)t. ~:;. Cl'(; i;:i c'a!.-:,E'-r):~f.'--c'a!:;.E'
:::. :i ~:;" ~::-'Cc ~::. d :1 i 'f', "t. joo: t:.
1 a'(",cj'f ~t 11 ~ ~:L"flj
'f"'f? i ;n:()\..\'$"'~;.eroe'(s.t,
'{ n r.( ~{ E' l.:<< a ~y' ) n t-:>'f"; '1'. .:~, C ( . .::. .:'''1 t:.?
t'. CI 1 }, Cq..~;::. 'f'f'C{r.rI t rl'~.:;.. :)r.;l ~1.,
i '1.:' f'.,~:. 'r'.,:tc't. C('f.'"
rt :.. :.:.;.
'(..{'$PrC; E"r"=:. t (:-:c1ci t f'; t~ t.
~
~~~r: ~R~~3~04~E
~~
....--'
~ ---<"' . ,,,,",,
'" -~ l_
,~
,..r-~'=::""
BOARD OF COUNTY COMMISSIONERS
Wilhelmina Harvey, District 1
Mayor Pro Tem Gene Lytton, District 2
Douglas Jones, District 3
MAYOR Mike Puto, District 4
John Stormont, District 5
(305) 294,4641
:~
Florida Cooperative
Extension Service
P. O. Box 2545
Key West, Florida 33045
June 19, 1989
Ann Lazar
Bureau of Submerged Lands Management
11400 Overseas Highway Suite 121
Marathon, Florida 33050
Dear Ms. Lazar:
Monroe County would like to apply for a permit, if
needed, to remove approximately 250 derelict vessels from
Florida Keys waters.
To our knowledge, no vessels have historical value; none
are of suitable condition, material and/or size to be used on
artifical reef sites. A Department of Environmental
Regulation authorization letter for disposal is enclosed. In
certain cases, some dredging may be necessary to access the
derelict.
All vessels have been identified by the Florida Marine
Patrol as derelict vessels. They are now officially State
property and the County is identified as the removal agent
under a grant program (FS 376.15, 823.11, F.A.C.16N-16.29).
We are in the process of applying for the grant.
Please process and advise as soon as possible.
Sincerely,
~1~
yY?; ~ ~4T=~'~
""
Jeffrey A. Fisher
Extension Director/Marine
Agent
FL Boating Improvement Fund
Liaison
JAF/bcb
Enc 1 .
cc: Department of Natural Resources plus DV reports
~
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
Marjory Stoneman Douglas Building. 3900 Commonwealth Boulevard. Tallahassee, Florida 32399
Tom Gardner, Executive Director
May 30, 1989
Mr. Jeffrey A. Fisher
Florida Cooperative Extension Service
Post Office Box 2545
Key West, Florida 33045
Dear Mr. Fisher:
Thank you for your letter dateq. May 23, 1989, requesting information as
to the permitting process for the removal of derelict vessels. I can
appreciate your concern in this area. However, as we have previously
discussed, each derelict vessel is unique as to the extent, if any, for
needing a removal or disposal permi t. Listed below are several example
situations which may require specific permitting action:
* Disposal of a vessel by burning - DER
*, Relocation of a vessel to a permittedcreef site - USCG
and US Army Corps of Engineers
* Dredging of submerged lands to facilitate removal of a derelict
vessel - DNR, DER and US Army Corps of Engineers
* Removal of a derelict vessel with possible historical value _
Division of Historical Resources
In order to best assist you with answering any specific permitting
questions, I suggest that you coordinate locally with Ms. Ann Lazar, Field
Supervisor for the Bureau of Submerged Lands Management. Ms. Lazar's office
address is:
Bureau of Submerged Lands Management
11400 Overseas HighHay, Suite 121
~~rathon, FL 33050
(305) 743-4508
I have also enclosed a copy of a joint application for permit form hhich
may need to be completed in certain instances.
.
Administration Beaches and Shores Law Enforcement Marine Resources Recreation and Parks Resource Management State Lands
Bob Martinez Jim Smith Bob ButtelWorth Gerald Lewis Tom Gallagher ,Doyle Conner Betty Castor
Governor Secn:uryofSta.le Attorney General SulcComplroller StatC'T~asurer. CommissionerofAgriculture . CommissiorieroCEducation
Mr. Jeffrey A. Fisher
May 30, 1989
Page Two
Once you have identified the
grant application, I believe more
regarding any needed perrni tting.
matter, please let me lmow.
specific vessels to be included in your next
definitive guidance can be given to you
If I can be of further assistance in this
Sincerely,
-......., i"\
/'\ l~' I, l
\. Ij......' . \.\ "\
'..J .~ L J'. (-, j- \1.'\,\\ .
Rlchard L. Healy, Deputy Dlrector
Marine Patrol Support Services
Rlli/1t
Enclosure
cc: Major R. H. HcCullers
Ms. Ann Lazar
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
Marjory Stoneman Douglas Building. 3900 Commonwealth Boulevard. Tallahassee, Florida 32399
Tom Gardner, Executive Director
PLEASE ADDRESS REPLY TO:
June 28, 1989
Division of State Lands
Florida Keys Field Office
11400 Overseas Highway
Suite 121
Marathon, Florida 33050
Mr. Jeffrey A. Fisher
Extension Director/Marine Agent
Post Office Box 2545
Key West, Florida 33045
Dear Mr Fisher:
Mr. Fisher is hereby authorized to proceed with the removal of
250 derelict vessels that have been identified by the Florida
Marine Patrol.
(1) Compliance with and acceptance of the attached general
consent conditions.
(2) Disposal of the vessels is done in a manner deemed
acceptable by the Florida Department of Environmental
Regulation.
Please consider this the conditional authority sought under
Section 253.77, Florida Statutes, to pursue this project.
This letter in no way waives the authority and/or jurisdiction of
any governmental entity, nor does it disclaim any title interest
that the State may have in this project site.
We appreciate your cooperation.
please feel free to contact me.
If you have any questions,
Sincerely,
'\
/(;tYL- [ ~ )(>5~
Ann C. Lazar
Division of State Lands
Florida Keys Field Office
ACL/mk
Attachments
CC: DER
Major Long FMP
Administration Beaches and Shores Law Enforcement Marine Resources Recreation and Parks Resource Management State Lands
Bob Martinez Jim Smith
Governor Secretary of State
Bob ButtelWorth Gerald Lewis Tom Gallagher
Attorney General State Comptroller State Treasurer
Doyle Conner
Com missioner of Agriculture
Betty Castor
Commissioner of Education
BOB MAR71NC:
(,ovanor
State
DEPARTMENT OF
of Florida
NATURAL RESOURCE$
J 1M SMITH
~cacury 01 StatC
BOB Bl.'TrERWORTH
^nomc)' (,cncraJ
MU.lory Stoncman Dou~lu buildJn~
3900 Commonwealth boulcv.rd
jalIahasscc. Florid.. 3:!399
GERALD LE\l.'IS
~tatC ComptrOllcr
BILL GU""'ER
~u. tC 1 reuwcr
TOM GARDNER
executive DITcClor
DOYLE CONNER
CommlUloncr of ^P"'cuhw
DEPARTMENT OF tlATURAL RESOURCES
DIYISION OF STATE LANDS
GEHERAL COtISEIlT CONDITIOtlS
BETTY C^STOR
Commwloncr of E.auuno:
PLEASE ADDRESS REPLY TO:
~fS:.Y'~HiK 250 derelict vp.!';sels
1. No activities other than those set forth in the attached letter dated June 28. 1 C}HQ
are authorized. Any additional activities on state-o~ned BOvere~9nt~ ~ubmerged lanos must receive
further consent from the Governor and Cabinet. sitting as the Board of Trus~ees of the Internal
Improvement Trust Fund (hereinafter the "Board") or their properly oesigna~ed agent.
2. Grantee agrees that all title and interest to all lands lying below the historical mean
high water line or ordinary high water line are vested in the Board. and shall make no claim of
title or interest in said lands by reason of the occupancy or use thereof.
3. Grantee agrees to use or occupy the subject premises for those purposes specified herein,
and Grantee shall not permit the premises or any part thereof to be used or occupied for any other
purpose or knowingly permit or suffer any nuisances or illegal operations of any kind on the
premi ses.
4. Grantee agrees to maintain the premises in good condition in the interest of the public
health, safety and welfare. The premises are SUbject to inspection by the Board or its designated
agent at any reasonable time.
5. Grantee agrees to indemnify, defend and hold harmless the Board and the State of Florida
from all claims, actions, l~wsuits and demands arising out of this consent.
6., No failure, or successive failures, on the part of the Board to enforce any provision,
waiver or successive waivers on the part of the Board of any provisi~n herein, shall operate as a
discharge thereof or render the same inoperative or impair the right of the Board of enforce the
&aIIIe i'n the event of subseQuent breach.
7. Grantee binds itself and its successors and assigns, to abide by the provisipns and
conditions set forth herein. In the event Grantee fails or refuses to comply with the provisions
and conditions of this Consent, the consent ~f use may be terminated by the Board after written
notice to the Grantee. Upon receipt of such notice, the Grantee shall have thirty (30) days in
which ~o correct the violation. Failure to correct ~he violations wi~hin this period shall result
in the automa~ic revocation of this let~er of consent.
e. All costs, including attorneys' fees, incurred by the Board in enforcing the terms and
condi~ions of this Consent shall be paid by the Grantee. Grantee asrees ~o accept service by
certified mail of any notice reQuired by Chap~er 18-14, Florida Administra~ive Code, at the address
shown on page one of this Agreement and further agrees ~o notify the Board in writing of any change
of address at least ten oays before the change becomes effective.
9, Grantee agrees to assume responsibility for all liabilities that accrue to the sovereignty
submerged land or ~o the improvements thereon. including any and all drainage or special assessment~
or taxes of every kind and description which are now or may be hereafter lawfully assessed and
levied against the property during the effective period of this consen~.
10. Grantee agrees that any dispute ar,s,ng from mat~ers relating ~o this Consent shall be
governed by ~he laws of Florida and initia~ed only in Leon County, Florida.
11. The Letter of Consent associated with these General Consent Conditions as well as these
conditions themselves are subject to modification after 5 years in order ~o reflect any applicable
changes in statutes, rules or policies of the Board or its designated agent,
1Z. In the event that any part of the s~ructure(s) consented to herein is determined by a fina
adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent
riparian rights, Grantee agrees to ei~hDr obtain written consent for the offending structure from
the affected riparian owner or to remove the interference or encroachment within 60 days from the
date of the adjudication. Failure to comply shall constitute a material breach of this consent anc
shall be grounds for its immediate termination.
"Worklll~ to~cthcr \0 prolcct Florid.'s fu\ure"
~
.-
(' I.-......:J (-....::', ~-__
i, \: (n_\ \ \
~J'7( C ) Ii ~ \ \,,>
- "---' '---=:.,1 U U
~.
~
Florida Department of Environmental Regulation
South District . 2269 Bay Street . Fort Myers" Florida 33901-2896 . 813-332-2667
, '
Dale Twachtmann, Secretary
John Shearer, Assistant Secretary
Philip Edwards, Deputy Assistant Secretary
Bob Martinez, Governor
May 9, 1989
Capt. Thomas.W. Brown
County Administrator
Public Service Building
Wing II
Stock Island
Key West, Florida 33040
Dear Capt. Brown:
Thank you for your letter to R.J. Helbling concerning the Derelict
Vessel Program in Monroe County. Your letter has been forwarded
to me for response.
You requested information on acceptable disposal methods for
derelict vessels subsequent to confiscation by the Department of
Natural Resources.
The open burning of wooden vessels at a site deemed suitable
to the Department would be acceptable, but only for the durafion
of the Derelict Vessel Program. The vessel should be gutted,
with items such as gas tanks, plastic cushions, etc. removed, prior
to burning. The burning of vessels should be conducted in: such a
manner that the burn is under control and adequate fire fighting
equipment and personnel are present on site at all times. .
Engaging the Fire Department to conduct fire suppression training
burns on the derelict vessels might be a good method of insuring a
well-supervised burn.
The burning of vessels with fiberglass hulls would be acceptable
only in modular combustors (incinerators) permitted by the
Department. This could probably be accomplished most efficiently
by compacting the vessel with heavy equipment to a size (or broken
into pieces) that could be accommodated in the modular combustors
(incinerators).
Another alternativel'for the disposal of fiberglass vessels would
be to place the vessel in the Long Key Landfill borrow pit. The
vessel must first must be stripped clean of engines and all other
Continued.
~
.. "'-
.' .
Capt. Thomas W. Brown
May 9, 1989
Page Two
d
',l.'
materials which are a potential source of pollution. The vessel
must also be properly ballasted with clean fill to ensure that the
vessel sinks in the borrow pit.
Other material associated with the vessels which are not
appropriate for open burning, combustion or by disposal in the
borrow pit, shall' be landfilled. Waste fuel or oil from vesselsl
if any is extracted, shall be disposed of properly.
The Long Key landfill Consent Order will be modified accordingly
to include conditions regarding the disposal of derelict vessels.
If you have any questions or need additional assistance regarding
the Derelict Vessel Program, feel free to contact R.J. Helbling or
Leslie Reuth at the Marathon Branch Office, 305/743/5955.
Sincerely,
~/l4t~i'
Philip R. Edwards /J
Deputy Assistant ecretary
. '
PRE/LR/mk
. -~.
cc:
Jeff Fisher - Florida Cooperative Extension Service
Major Ron McCullough - Florida Marine Patrol
Leslie Rueth
Ron Blackburn
'.,-. ,
I.
..
Florida Department of Environmental Regulation
Sout:h Dist:rict: 0 2269 Bay Street . Fort Myers, Florida 33901-2896 . 813-332-2667
Bob M:ulInez, Governor
Dale -t\vachtmann. Secretary
John Shearer, Assistant Secretary
Philip Edward\, Depuly Ass/Sl2R1 Sccrel2ry
June 20, 1989
CERTIFIED MAIL NO. P 004 536 326
RETURN RECEIPT REOTJESTED
Captain Thomas Brown
County Administrator
County of Monroe
Stock Island
Key West, Florida 33040
Re: Monroe C~nty - Sw
OGC Case No. 89-0446
Dear Captain Brown:
Attached is the final copy of Consent Order OGC Case
No. 89-0446 to resolve violations noted in the complaint.
Please have Commissioner Michael Puto sign the original and
return it to this office within twenty (20) days of receipt of the
Consent Order. After it has been executed by the Department, your
copy will be returned to you.
Your cooperation in this matter will be appreciated.
-
Enclosure
Philip R. Edwards
Deputy Assistant Secretary
PRE/G.r>1/vo
cc: File
Tamir Ilan w/attachment
Leslie Rueth
1K?~@~ITWmJID
~~ JlIN ~2:2 1988 .....VJ
D.E.R. Marathon, Fl
BEFORE THE STATE OF FLORIDA
DEPART~mNT OF ENVIRONMENTAL REGULATION
IN THE OFFICE OF THE
SOUTH FLORIDA DISTRICT
STATE OF FLORIDA DEPARTMENT )
OF ENVIRONMENTAL REGULATION )
,
,
Complainant, )
)
vs. )
)
MONROE COUNTY MUNICIPAL SERVICE )
DISTRICT )
)
Respondent )
)
OGC Case No. 89-0446
l""~"-~""'-I""~W
'..'..) .~ ) ~..~....~ ..' ..... : '..' ) ~ '0]:-/'#. \ r"'. . ~ .
· 'i J.' \ \. + i ,\}' J rI
,,\ ~ 1 '-J '." wi L
'I ,. \~''J
uU ,!Un ;2'~ 1988 '
D.E.R. Marathon, FL
CONSENT ORDER
This Consent Order is entered into between the State of
Florida, Department of Environmental Regulation (hereinafter
"Department") and the Monroe County Municipal Service District
(hereinafter "Respondent").
The Department finds and Respondent admits the following:
1. The Department of Environmental Regulation is the
administrative agency of the State of Florida charged with the
authority to administer and enforce Chapter 403, Florida Statutes
(F.S.), and the rules promulgated thereunder in Florida
Administrative Code Chapters 17.3, 17.4, 17-6, and 17.701.
2. Respondent is a municipal corporation of the State
of Florida and is a person within the meaning of Section
403.031(5), Florida Statutes.
3. Respondent, owns and operates a Class I Sanitary
Landfill known as the Long Key Landfill (hereinafter Landfill)
#
1
",
15. Respondent may dispose of fiberglass vessels in the
on-site borrow pit, during the active life of the Landfill, under
the following circumstances:
A) The vessel is a derelict vessel.
B) Engines, fuel tanks, fuel lines are first removed.
C) Plastic cushions and other materials that may be a
source of pOllution are first removed.
D) The vessels are properly ballasted with clean fill to
ensure the vessel sinks in the borrow pit.
E) The Marathon DER office is notified prior to disposal
of the vessel in the borrow pit.
16. Respondent, by official action of its County
Commission shall within twelve (12) months of the effective date
of this order hear presentations of the method or methods by which
it proposes to replace the functions provided by this landfill.
17. Respondent shall make a selection of the method to
be used within fourteen (14) months of the effective date of this
order. The method or methods selected shall comply with
Department standards as set forth in Chapter 403, Florida Statutes
and Florida Administrative Code Rules 17-2, 17-3, 17-4 and 17-701.
18. Respondent shall submit necessary applications for
the construction of the facility identified in Paragraph No. 17
above, within four month~ from the date the method of disposal is
selected by the County Commission.
19. Respondent shall pay $250.00 for each day of each
violation of the requirements of paragraphs 17 and 18.
20. Respondent and its engineer shall attend technical
-
~
advisory committee meetings (TAC) with the Department as necessary
~
6
FLORIDA SEA GRANT COLLEGE
Building 803. IFAS 0341. University of Florida. Gainesville 32611 .0341
(904) 392-5870 Suncom 622-5870
June 8, 1989
FR:
RE:
Gustavo A. Antonini
Dept. of Geography, UF /' / ~
James C. Cato, Directo~ ~
Conditions of Immediate Response Award
.Please refer to this number
.IR-89-6 in all correspondence.
.concernina this award notice
TO:
1. The project entitled "Derelict Vessel Siting Analysis," is approved.
2. Principal Investigator is G. A. Antonini.
3. Completion date is September 29, 1989 at which time a final written project
report is due.
4. Amount of Sea Grant award: $400; duration: June 7, 1989 - September 29, 1989.
5. Funding is handled on a reimbursable basis. The invoice for reimbursement must
may be made at the end of the grant.
6. Amount of matching funds, if applicable: N/A
7. Final fiscal report is due: October 31, 1989.
8. By copy of this memo the Sea Grant Extension Program is apprised of the project
and requested to prepare appropriate and timely publicity.
9. Any manuscript submitted for publication must bear the notation, "This work
is a result of research sponsored by NOAA, Office of Sea Grant, Department of
Convnerce, under Grant Number NA86AA-D-SG068. The U.S. Government is authorized
to produce and distribute reprints for governmental purposes not withstanding
any copy right that may appear hereon.-
10. Independent of the copyright statement (item 9) credit for sponsorship by Com-
merce and NOAA Sea Grant must be gi ven in the art i c1 e. Pl ease i nc1 ude the grant
number. This office will pay reprint costs for articles based on this project,
when sponsor credit is given.
JCC/ml/IRAWARD.ltr
cc: DSR
Project file
E. Newell
Florida A&M University, Florida Atlantic University, Florida Institute of Technology, Florida International University, Florida State University.
University of Central Florida, University of Florida, University of Miami, University of North Florida, University of South Florida,
University of West Florida.
The State University System of Florida is an Equal Opportunity Affirmative Action Employer.
Department of Geography
3141 Turlington Hall
Universitl,l of Florida
.
Gainesville. Florida 32611
.
(904) 392-0494
TO:
..;ames C. Catc.
Director, Florida Sea Grant
FROM:
Gustavo A. Antonini
Professor cf Geography,~
<;'
-".'"
(. .------'
SUBJECT:
Response to Jeff Fisher's Request for Assistance on
Derelict Vessel Siting
DATE:
5 June 1'389
This is a follow-up of our ~elephone conversation of Friday, June
1st, regarding our willingness to assist the Monroe County Sea
Grant Marine Advisory ?~ogram derelict vessel removal effort.
\
We provided Jeff with a proposed scheme ~or prioritizing the
removal effort. Jeff has requested our assistance but does not
have resources available to underwrite map preparation costs.
We can provide the technical services but need approximately
$400.00 to cover: scribecoat film, zip-a-tone patterns, Kroy
lettering, replacement pen nibs, tape, com~osite film positive
repr.:.duction of 24" x 36" fai!'" drawings.
The final prc.duct would be a 24" x 36" (c~..nera-ready) 'black-and-
white map, 1:250,000 scale, of the Florida c:eys showing prioriti-
zed derelict vessels, yated on the basis of e~vironmental i~pact
and ease of removal. A text would accompany the map describing
the cartographic analysis.
We ask that Sea Grant cover prod'~ction of camera ready map copy,
estimated ~t $400.00, a~d provide f~r ?ublication ~f the map and
text with dissemination through t~e Sea Grant Program. This
publicatior"1 \o1,:,'.:ld ~e joi~.-<;lY\L':~"-:'(,~G '_'i~~i ~.....(:. g?::g-:-aphy st:_\-
dents.
If the5e terms are satisf3ct0ry, ~e can complete the ~~qui~ed
work in three months time, ~ith ~i~ished product on or about 31
August. Ki~dly advise.
EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER