Ordinance 020-1991
Monroe County Commission
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ORDINANCE NO. Q20 -1991
AN ORDINANCE AMENDING SECTION 13-11, MONROE
COUNTY COUNTY, PERTAINING TO THE REGULATION
OF SALE OF DETERGENTS, BY AMENDING SUBSECTION
2(B) CONCERNING GENERAL PROHIBITIONS, AND BY
AMENDING SUBSECTION (3) CONCERNING EXEMPTION
FROM THE GENERAL PROHIBITIONS; PROVIDING FOR.
SEVERABILITY; PROVIDING FOR REPEAL OF ALL'
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY CODE
O~= ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE.
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~E IT :'ORDAINED BY THE BOARD OF COUNTY COMMISSION~S OF
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:MONR~ COUN1:Y, FLORIDA:
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--' ~!ct.1om:> 1. Section 13-11 (2) (b), Monroe County Code, is
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hereby amended to read as follows:
(b) The concentration of phosphorus by weight
shall be determined by the method used by the Florida
Department of Environmental Regulation.
Section 2.
Section 13-11(3), Monroe County Code, is
hereby amended to read as follows:
(3) Exemption.
(a) Any detergent manufactured for use in machine
dishwashing which contains less than or equal to 1.1
grams of phosphorus per tablespoon of detergent is
exempted from the General Prohibition.
(b) The concentration of phosphorous by product
density shall be determined by the method used by the
Florida Department of Environmental Regulation.
(c)
Industrial
and
Institutional Automatic
Dishwashing products shall be exempt from this
ordinance for an additional three (3) months from the
effective date of this ordinance.
Section 3.
If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 4.
All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 5.
The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 6.
This Ordinance shall be filed in the Office
of the Secretary of State of the State of Florida, but shall not
take effect until 30 days after approval by the Florida
Department of Environmental Regulation.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 16th day of July, 1991.
Mayor Harvey
Mayor Pro Tem London
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
Yes
res
Yes
Yes
Not
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present
(SEAL)
ATTEST: DANNY ~HAGE. CLERK
BY~.~ ~1L<.
eputy erk
BOARD OF COUNTY COMMISSIONERS
:: ~~~~.;~~~~
Mayor/Chairman
APPROVED AS TO FORM
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Date ~. - -:;? '0/' - )9 I
EFFECTIVE DATE:
F:LEO !: OP R~SORn
.91 AUG -7 AlO :3t}ORIDA DEP~RT~ENT OF STATE
JIm SmIth
Secretary of State
o /l.. N ~ , ' :.~ 2002, DIVISION OF ELECTIONS
'NDCOLEKC' OCUI~l----The Capitol, Tallahassee, Florida 32399-0250
MO 1\ n I~ (904) 488-8427
August 5, 1991
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County Courthouse
500 Whitehead street
Key West, Florida 33040
Attention: Nancy Cohen, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letter of July 26, 1991 and
certified copies of Monroe County Ordinance No's. 91-20 and
91-21, which were filed in this office on August 2, 1991.
Sincerely,
'-f;va ~~
Liz Cloud, Chief
Bureau of Administrative Code
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Riannp I. 1aot!jage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY P.O.BOX 379
MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL.(305)743.9036 KEY WEST,FLORIDA 33040 TEL.(305)852 9253
TEL.(305)294-4641
July 26, 1991
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
p 0a7 i3 c Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
' Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No.
021-1991,providing for the use of County funds for employee
awards; declaring the. expenditure of such purposes to be a public
1 purpose and authorizing expenditures for such purposes; providing
for severability; providing for the repeal of all Ordinances or
parts of Ordinances in conflict herewith; providing for inclusion
in the Monroe County Code; and providing an effective date.
This Ordinance was adopted by the Monroe County Board of
County Commissioners at a Regular Meeting in formal session on
July 16, 1991. Please file for record.
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and Ex Officio Clerk to the
Board of County Co issioners
By: 41t,e.
Nancy en, Deputy Clerk
cc: Municipal Code Corporation ? 601 /g! 1 9
Mayor Wilhelmina Harvey
Mayor Pro Tem Jack London
Commissioner A. Earl Cheal
Commissioner Douglas Jones
Commissioner John Stormont
County Attorney Randy Ludacer
County Administrator Tom Brown
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY P.O.BOX 379
MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL.(306)743.9036 KEY WEST,FLORIDA 33040 TEL.(305)852-9253
TEL.(305)294-4641
July 26, 1991
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief 007i36-as
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud :
Enclosed please find a certified copy of Ordinance No.
' 020-1991, amending section 13-11, Monroe County, pertaining to
, the regulation of sale of detergents, be amending subsection 2 (B)
concerning general prohibitions, and by amending subsection (3)
concerning exemption from the general prohibitions; providing for
severability; providing for repeal of all Ordinances inconsistent
herewith; providing for incorporation into the Monroe County Code
of Ordinances; and providing an effective date.
This Ordinance was adopted by the Monroe County Board of. ..
County Commissioners at a Regular Meeting in formal session on
July 16, 1991. Please file for record.
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and Ex Officio Clerk to the
Board of County Commissioners
By:
Nancy Coh , DeputyClerk
cc: Municipal Code Corporation 0j/ 131" $7 rJ
Mayor Wilhelmina Harvey
Mayor Pro Tem Jack London
Commissioner A. Earl Cheal
Commissioner Douglas Jones
Commissioner John Stormont
County Attorney Randy Ludacer
ty Administrator Tian Brown
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'91 AUG : .
-7 A10 ORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
2002, DIVISION OF ELECTIONS
C L K. f'r; The Capitol, Tallahassee, Florida 32399-0250
MONROE COUN? i'
(904) 488-8427
August 5, 1991
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Nancy Cohen, Deputy Clerk
' Dear Mr. Kolhage:
Pursuant to the provisions of Section 125. 66, Florida Statutes,
this will acknowledge your letter of July 26 , 1991 and
certified copies . of Monroe County Ordinance No's. 91-20 and
91-21 , which were filed in this office on August 2, 1991 .
Sincerely,
~ I
Liz Cloud, Chief
Bureau of Administrative Code
LC/mb
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SENDER: Complete items;1 and 2 when additional services
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY P.O.BOX 379
MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL.(305)743-9036 KEY WEST,FLORIDA 33040 TEL.(305)852-9253
TEL.(305)294-4641
MEMORANDUM
To: Thomas W. Brown,
County Administrator
From: ' Rosalie Connolly,
Deputy Clerk
Date : October 31 , 1991 •
Attached hereto is a copy of the Order from DER approving
Ordinance No. 020-1991 , amending Ordinance No. 029-1989 ,
concerning the sale or furnishing of detergents . Please
note that this Order was dated September 19th, shows receipt
by the County Attorney' s Office on September 27th, and was
received by this office today.
Your attention is called to the fact that our Ordinance
states that it will take effect thirty days after approval
by DER.
. 41,/
AN ,
Rosalie L. Co' o
Deputy Clerk
Attachment
cc : Mayor W. Harvey
Mayor Pro Tem J. London
Commissioner E. Cheal
Commissioner D. Jones
Commmjissioner J. Stormont
,Ftrd
HLED F O RECORD STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
'91 OCT 31 P 1 :43
RE: APPROVAL OF MONROE COUNTY
ORDINANCENO. 020-1991, AMENDING OGC Case No. 91-1772
' .ORDINANCE NO:' 029-1989 CONCERNING 2117,7177 .7*4THE SALE OR FURNISHING OF '
DETERGENTS 'r'
M1.N 4
/ E,SEP 27 1991
ORDER COUNTY Ally
This case comes before me under section 40a7061- of- the--Florida
Statutes, requiring that the Department approve certain local
ordinances. On July 16, 1991, Monroe County adopted Ordinance No.
020-1991, attached as Exhibit 1. The ordinance amends section 13-
11 of the Monroe County Code, which the county had adopted as
Ordinance No. 029-1989, previously approved by the Department in
OGC Case No. 90-0940 (DOAH Case No. 90-6307) . Section 13-11 of the
Monroe County Code prohibits the sale or furnishing of detergents
in the county containing more than 0.5% phosphorus by weight,
except for detergents used in automatic dishwashers (ADW) . Before
the amendment, section 13-11 allowed ADW detergents to contain up
to 5. 9% phosphorus by weight. Ordinance No. 020-1991 changes the
exemption limit for ADW detergents from a percentage by weight to
a level of product density, 1. 1 grams of phosphorus per tablespoon
of detergent. The amendment also provides a temporary exemption
for products used in industrial and institutional automatic
dishwashers, which need not meet the limit of 1. 1 grams until three
months after the ordinance takes effect.
Section 403 . 061 (23) of the Florida Statutes requires that the
Department adopt rules to ensure that no detergents are sold in
Florida that have a harmful effect on human health or the
environment. The statute also provides that no local government
shall adopt ordinances regulating detergents that are less
stringent than the state regulation. .Finally, the statute requires
specific departmental approval for any local ordinances on
detergents unless approved as part of a local pollution control
program. The Department has not approved a local pollution control
program for Monroe County.
In the prior proceedings on section 13-11, the Soap and
Detergent Association challenged the. Department' s approval of
Ordinance No. 029-1989, and the county intervened in the
proceedings. During the discovery process, the Department received
information that led its expert witnesses to conclude that the
exemption provision in the original ordinances was flawed. It is
inappropriate to restrict the amount of phosphorus by applying a
single percentage by weight to both liquid and powdered detergents,
because the powdered detergents weigh less than the liquid, volume
for volume. The limitation of phosphorus as a percentage by
weight instead of product density would have fostered the use of
liquid ADW detergents and eliminated the powdered ADW detergents,
some of which contain less phosphorus than the liquids, by product
density. Faced with this new information, the county agreed with
the Department's experts and reached a settlement of the
proceedings on Ordinance No. 029-1989 with the Soap and Detergent
Association. The county then adopted Ordinance No. 020-1991,
correcting the flaw and helping to ensure that section 13-11 will
benefit the environment.
The Department's rule governing the sale of detergents in
Florida is chapter 17-603 of the Florida Administrative Code,
attached as Exhibit 2 . Although the amendment to section 13-11
somewhat relaxes the limit on the exemption for ADW detergents,
both the amendment and the overall regulation of section 13-11 as
amended are more stringent than the requirements of chapter 17-603 .
Based on the evidence previously submitted on behalf of the
ordinance and relating to this amendment, I find that section 13-11
as amended will reduce phosphorus loadings and the potential for
harm to a very sensitive environment. I conclude that the amending
ordinance is a reasonable regulation that satisfies the
requirements of section 403 . 061 (23) of the Florida Statutes.
Therefore,
IT IS ORDERED:
Monroe County Ordinance No. 020-1991 is approved under section
403 . 061(23) of the Florida Statutes.
Persons whose substantial interests are affected by this order
have a right under section 120. 57 of the Florida Statutes to
petition for an administrative determination (hearing) on it,
unless the right to petition has been waived. The petition must
conform to the requirements of chapter 17-103 of the Florida
Administrative Code and must be filed (received) in the Department
Office of General Counsel, 2600 Blair Stone Road, Tallahassee,
Florida 32399-2400, within 21 days of receipt of this notice.
Failure to file a petition within that time constitutes a waiver of
any right that such person has to an administrative determination
(hearing) under section 120. 57 of the Florida Statutes. This order
is final and effective on the date filed with the Clerk of the
Department unless a petition is filed in accordance with this
paragraph. Upon the timely filing of a petition, this order will
• not be effective until further order of the Department.
Any party to this order has the right to seek judicial review
of the order under section 120. 68 of the Florida Statutes by filing
a notice of appeal under rule 9. 110 of the Florida Rules of
Appellate Procedure, with the Clerk of the Department in the Office
of General Counsel, 2600 Blair Stone Road, Tallahassee, Florida -
32399-2400, and by filing a copy of the notice of appeal
accompanied by the applicable filing fees with the appropriate
district court of appeal. The notice of appeal must be filed
within 30 days from the date that the order is filed with the Clerk
of the Department. _
DONE AND ORDERED on this /7 day of September 1991.
STATE OF FLORIDA DEPARTMENT •
FILING AND ACKNOWLEDGEMENT OF ENVIRONMENTAL REGULATION
FILED, on this date, pursuant to S120.52
Florida Statutes, with the designated Depart4,661-1
-
ment C;erk, receipt of which is hereby acknow;
led ; . CAROL M. BROWNER
2 :12 • Secretary
Date Twin Towers Office Building
Cle�1t 2600 Blair Stone Road
Tallahassee, Florida 32399-2400
• Telephone: (904) 488-4805
CERTIFICATE OF SERVICE
I CERTIFY that a true copy of the foregoing has been mailed to
Joseph Kelinson, Esq. , Assistant County Attorney, 310 Fleming
Street, Key West, Florida 33040; William E. Sublette, Esq. , Baker
& Hostetler, P.O. Box 112, Orlando, Florida 32802; and DeeVon
Quirolo, 1223 Royal Street, Key West, Florida 33040, on this AO-1-14.
day of September 1991.
G
Timothy A mit
Assistant neral Counsel
Department of Environmental
Regulation
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Telephone: (904) 488-9730
Monroe County'Coirmission
ORDINANCE NO. 02p_„_-1991
sr��r•+
AN ORDINANCE AMENDING SECTION 13-11 , MONROE
COUNTY COUNTY, PERTAINING TO THE REGULATION
OF SALE OF DETERGENTS, BY AMENDING SUBSECTION
2(B) CONCERNING GENERAL PROHIBITIONS , AND BY
AMENDING SUBSECTION (3) CONCERNING EXEMPTION
FROM THE GENERAL PROHIBITIONS; PROVIDING FOR.
SEVERABILITY; PROVIDING FOR REPEAL OF ALL '
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY CODE
OF ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE. _ -
-BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
ecti . Section 13-11(2) (b) , Monroe County Code, is
hereby amended to read as follows :
(b) The concentration of phosphorus by weight
shall be determined by the method used by the Florida
Department of Environmental .Regulation.
1 Section 2. Section 13-11 (3) , Monroe County Code, is
hereby amended to read as follows :
(3) Exemption.
(a) Any detergent manufactured for use in machine
dishwashing which contains less than or equal to 1 . 1
grams of phosphorus per tablespoon of detergent is
exempted from the General Prohibition.
(b) The concentration of phosphorous by product
density shall be determined by the method used by the '
Florida Department of Environmental Regulation.
(c) Industrial and Institutional Automatic
Dishwashing products shall be exempt from this
ordinance for an additional three (3) months from the
effective date of this ordinance.
Exhibit 1
•
Section 3. If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 4. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 5. The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 6. This Ordinance shall be filed in the Office
of the Secretary of State of the State of Florida, but shall not
take effect until 30 days after approval by the Florida
Department of Environmental Regulation.
1; PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 16th day of. July, 1991.
Mayor Harvey Yes
Mayor Pro Tem London es
Commissioner Cheal Yes
Commissioner Jones Yes_�__r
Commissioner Stormont Noy tpres nt
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, ORIDA
db
BY _
(SEAL) Mayor J CEarrman"�`
ATTEST: DANNY L KOLUAGE, CLERK
BY1.9C,Paa.f. cp..4,, ,pe, APPROVED AS TO FORM
7:0AFFICIENCY.--7eputy Clerkmo X
Data 9
EFFECTIVE DATE:
DER 1990
DETERGENTS 17-603
CHAPTER 17-603
DETERGENTS
17-603.100 Scope of Rule.
17-603.200 Definitions.
17-603.300 General Prohibitions.
17-603.400 Exemptions.
17-603.100 Scope of Rule. Pursuant to Chapter 72-53, Laws of Florida. these
rules and regulations are adopted to insure that no detergents reasonably found to
have a harmful or deleterious effect on human health or on the environment are sold
in Florida after December 31, 1972.
Specific Authority: 403.061(7), F.S.
Law Implemented: 403.061(26), F..S.. Chapter 72-53. Laws of Florida.
History: New 12-30-72. Previously numbered as 17-14.01: Formerly 17-14.001.
17-603.200 Definitions.
(1) "Department'' is the State of Florida Department of Environmental Regulation.
(2) "Detergent" is any synthetic surface active product in any form used with
water for laundry (including presoaking), household, institutional, industrial, or other
washing purposes. •
(3) ''Recommended Use Level" means the amount of detergent recommended by
the manufacturer for use per wash load. at which level said detergent effectively will
perform its intended function. Said recommendation for use per wash load level shall .
be that amount generally recommended for the product on the package without
reference or regard to other language on the package which relates to geographical
location or legal limitation imposed in a particular location.
Specific Authority: 403.061(7). F.S.
Law Implemented: 403.061(26). F.S., Chapter 72-53, Laws of Florida.
History: New 12-30-72, Amended 4-13-80, 3-24-81. Previously numbered as
17-14.02: Formerly 17-14.020.
•
17-603.300 General Prohibitions.
(1) It shall be unlawful for any person, firm or corporation to sell..offer to expose
for sale. give or furnish any detergent, other than powdered household laundry
detergents with recommended use levels of 1/4 cup (2 oz.) or less per load. containing
more than eight and seven-tenths percent (8.7%) of phosphorus by weight, expressed
as elemental phosphorus. within Fiorida after December 31. 1972.
(2) it shall be unlawful for any person. firm or corporation to sell. offer or 'expose
for sale. give or furnish any household laundry detergent which requires a
recommended use level of said detergent containing more than seven grams (7 gms.)
of phosphorus by weight, expressed as elemental phosphorus. within Florida after
December 31. 1972. •
17-603.100 -- 17-603.300(2)
.3-24-80
. rv�
Exhibit 2
Ate• =5di='�.'yl s m � '�.
. •
.
DER 1990 DETERGENTS 17-603
(3) The concentration of phosphorus by weight. expressed as elemental
phosphorus in any detergent. shall be determined by the current applicable method
prescribed by the Department of Environmental Regulation.
Specific Authority: 403.061(7), F.S.
Law Implemented: 403.061(26), F.S., Chapter 72-53, Laws of Florida.
History: New 12-30-72, Amended 4-13-80. Previously numbered as 17-14.03;
Formerly 17-14.030.
17-603.400 Exemptions. The following are exempted from the General
Prohibitions:
(1) Any detergent used for personal body cleansing, disinfecting, sanitizing, or
scientific purpose, except household laundry detergents.
(2) Any detergent manufactured for use in commercial laundry and machine
dishwashing, and in the processing and handling of dairy, beverage and food products
and industrial cleaning or, with prior approval of the Department. for other
institutional or industrial applications.
Specific Authority: 403.061(7), F.S.
• Law Implemented: 403.061(26), F.S., Chapter 72-53, Laws of Florida.
History: New 12-30-72, Amended 4-13-80. Previously numbered as 17-14.04;
Formerly 17-14.040.
•
17-603.300(3) -- 17-603.400(History)
3-24-80