97-59RESOLUTION NO. 97-59
A RESOLUTIQN OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING TNE ATfACHED INTERLOCAL
AGREEMENT REGARDING THE TANIPA BAY NATIONAL
ESTUARY PROGRAM; APPROVING THE CITY OF
CLEARWATER'S ATTACHED PROPOSED NITROGEN
MANAGEMENT ACTlON PLA(�, TO BE IMPLEMEI�TED IN
ORDER TO CARRY OUT THE CITY OF CLEARWATER'S
RESPONSIBILITIES UNDER THE PROGRAM, AND
AUTNORiZING ITS SUBMISSION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Tampa Bay is one of the nation's most important estuarine bodies,
and as such it has been designated since 1991 as part of the Environmenial Protection
Agency's National EStuary Program, a network of 4�reniy-eight es4uary programs
established under ihe f�derai Clean Water Acfi; and
'� : INHEREAS, a significan# portion of the shoreline of Tampa Bay is found vuiihin the
�, ' municipal boundaries of the City of Clean�va4er, and the waterbody enr6ches the lives of
citizens and tourist visitors alike as well as con�r�buting to the vitality of the local economy;
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and
WHEREpS, although Tampa �ay has in past years suffered significant damage to
its natural habitats, including seagrass comrrzunities vital to water quality integrity,
significant improvements have occurred since the 1970s; and
WHEREAS, it is important that local governmenis, regulatory ager�cies, and all
concerned continue to wark to improve the health ofi Tampa Bay and to plan for the
effecfs of anticipa�ed fiut�are regional population increases; and
WHERE,4S, th� Poiicy Committee of the Tampa Bay f�ational Estuary Program,
assisted by the Nianagement Commitkee, Technical Advisory Committee, and Citizen
Advisory Committee, have through ex4ensive consultaiion and coaperation developed
Charting the Course, a Cor��prehensive Conservation and Management Plan far Tampa
Bay, containing Goals arrd Priorities for Tampa Bay and programwide Actian Plans, and
this docum�nf was adopt�d by the Policy Committee and executed on April 4, 1997; and
WHEREAS, in order to implement 4he Comprehensiue Conservation and
Management Plan it is advisable far the parfies concem�d viriih the recovery of Tampa
B�y to enter into an Interlocal Agreement delineating iha responsibility of each with
regard to nitrogen reducti�n goals, interfocal cao�eration, and program management, and
that each local goverment submit an Aciion Plan detailing propased activiti�s it plans to
undertake in order to meet stated nitrogen reduction goals; now, therefore,
Resolution 97-59
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BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The attached Tampa Bay Nationai Estuary Program Interlacal
Agreement is hereby approved, and the City Manager is authorized to execute and
Mayor-Commissioner is authorized to countersign the Agreement. The attached
proposed Nitrogen Reduction Action Plan for the City of Ciearwater is hereby approv�d,
subject to being f►�nded; the City Engineer is authorized to submit the Action Pian to the
Tampa Bay National �stuary Progr�m for approvai.
Section 2. This resolution shali take effect immediately upon adoption and is
contingent upon all parties approving the agreement.
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PA.SSED AND AB�PTED this 4th of December , 1997.
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Rita Garvey
Mayor-Commissioner
Approved as to form: Attest: .
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Pamela K. Akin Cy t ia E. Goudeau
City Attomey City lerk
z Reso�utton No.97-59
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DRAFT NO. 5�4
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TAMPA BAY NATIONAL ESTUARY PROGRAM
INTERLOCAL AGREEMENT
THIS TAMPA BAY NATIONAL ESTUARY PROGRAM INTERLOCAL AGREEMENT
(the "Agreement") is executed and mad� effective the day of
199_, by and between ihe following governmental entities: 1. CITY OF CLEARWATER, a
Florida municipal corporation; 2. CITY OF ST. PETERSBURG, a Florida municipal
corporation; 3. CITY OF TAMPA, a Florida municipal corporation; 4. FLORIDA
DEPARTMENT OF ENVYRON1dIENTAi, PROTECTION, a Florida state agency; 5. FLORIDA
DEPARTMEI�IT OF ENVIIZONMENTAL PRO'B'ECTION'S FLORIDA 1VIARINE RESEARCI�
INSTITLTfE, an institute; 6. FLORIDA GAME AND FRESH WATER FISH COMMISSION,
a Florida state agency; 7, i�iILLSBOROUGH COUNTY, a Florida political subdivision; 8.
HILI.SBOROUGH COUIVTY ENVIRONMENTAL PROTECTION COMMISSION, a
Hillsborough County agency; 9. MANATEE COUNTY, a Florida political subdivision; 10.
PINELLAS COiJNTY, a Florida political subdivision; 11. SOUTHWFST FLORIDA WATER
MANAGEMENT DIST�tICT, a Florida water management district; 12. the TAIviPA PORT
Ai:TTHORiTY, a Florida port authority; and 13. the TAMPA BAY REGIOIVAL PLANNING
COUNCIL, a Florida regional planning council, (collectively the "Parties" and each singularly
a"Party"), and the following recitation of facts are provided in support of this Agreement: �
(A) The Tampa Bay I+lational Estuary Program was established in 1991 to assist the
Tampa Bay area in developing a comprehensive plan to restore and protect Tampa Bay. The
Tampa Bay National Estuary Program is governed by a Policy Committee and advised by a
Management Committee. The Tampa Bay National Esivary Program is a part of a national
network of twenty-eight (28) estuary programs established under ttae Federal Clean Water Act and
administered nationally by the United Sta[es Environmental Protection Agency.
(B) I,ocal government and regulatory agency participants in the Tampa Bay National
Esfva�y Program consisting of the Parties described in the Preamble above, as well as tt�e United
States Environmentai Protection Agency and the iJnited States Army Corps of Engineers, have
devetoged and unanimously arlopted a Camprehensive Conservation & Management lPlan for
Tampa Bay, known as Charting 1he Caurse, dated December, 1996, (the "CC1ViP"), and are
cornmitted to its successful implementation. Clrarting the Course seeks to ensure that 'Fampa Bay
remains a vibrant part of the region's envirorunental and economic landscaps by preserving and
enhancing its,roles as a recreafional resourcc, international seaport and home for fish and wildlife.
Sl93172.7-H
(C) The CCMP presents goals for the improvement of VJater & Sediment Quality, Bay
`� Habitats, Fish & Wildlife, Spill Prevention and Response and Dredging and Dredged Material
Management, which will be reexamined at least once every five (5) years and updated as
appropriate. To achieve the CCMP goals, this Agreement emphasizes regional cooperation and
regulatory flexibility that allows the Parties to select cost-effective and environmentally beneficial
bay improvement options for their communities, so long as the goals of the CCMP are met.
(D} The parties to the CCMP and this Agreement endeavor to be the first NationaP
Estuary Program to adopc a binding agreement to ensure that the CCMP is properly and
effectively implemented.
NOW T�IEREFORE, in consideration of the mutual promises contained in this Agreement,
the receipt and adequacy ackno�viedged by them, ihe Parties agree as follows:
ARTICLE ONE -- INTRODUCTORY PROVISIONS
1.1 Itecitals. The statements contained in the recitation of facts set forth above �
(collectively the "Recitation of �acts") are true and conect, and are hereby made a part of this
Agreement by this reference.
1.2 Euttabits. The exhibits which are attached to this Agreement are by this reference
made a part hePeof.
�.3 .�k�breviations and Deecaitions. The following abbreviations and definicions will
be used for purposes of this Agreement, and will not constitute separate agreements unless
otherwis� stated below:
(a) The abbreviaEions and deiuvtions contained in d�e Preamble will be used for
purposes of this Agreement.
(b) The abbreviations and defuutions contaSned in the Recitals wili be used for
purposes of this Agreeznent.
(c) The ierm "Acc" shall mean Section 163.OI,��[a. Stat.
(d) The term "Action Plan(s)" shall mean the comprehensive action plans
developed by each of the Parties which set forth their individual inieiatives and strategies they will
undertaDce to attain tkae CCMP Goals, which Action Plans are s�bject to approval of the Parties as
set forth belov✓.
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(e) The term "Action Plan Supplement(s)" shall mean the annual supplements
to each of tiie Parties' Action Plans which set forth specific projects they wili implement to attain
the CCMP Goals.
(� The term "Agreement" shall mean this Interlocal Agreement between the
Parties as it is presendy constituted or as it may be amended from time to time.
(g) The term "Army Corps" shall mean the United States Army Corps of
Engineers, a federal agency.
(h) The term "CCMP" shalt mean the Comprehensive Conservation and
Management Plan, dated December, 1996, unanimously approved by the Parties, as amended
from time to time.
(i) The term "CCMP Goals" os "Goals" shall mean those goals of the CCMP
set forth in Section 4.1 below, as amended from time to time.
(j) The term "ClearwaYer" shall mean the City of Clearwater, a Florida
municipal corporation.
�` (k) Tfie term "Cities" shall mean collectively Clearwater, St. Petersburg, and
,� Tampa.
;I (t) The term "Counties" shall mean cotlectively Hillsb�rough, Manatee and
Pinellas.
(m) The terrri "DEP" shall mean the Florida Depar[ment of Environmental
Protection, a Ftorida state agency.
(n) The terrn "Effective Date" shall mean the date that all Parties have duly
execuced this Agreement and fiting has occurred under Section 13.14 below.
(o) The te�n "EPA" shail mean the United States �nvironmental Protection
Agency, a federal agenc3�:
(p) The term "�PC" sh�ll mean the Hiilsborough County Environmental
Protec6on Commission, a Hillsborough Coi;onty agency.
(q) The term "CamL and Fish Comrnission" shall znean the Florida Game and
Fresh Water Fish Commission, a Florida state agency.
(�} Th� Fcrn� "�Iillsborougtti" shati mean Hilisborough County, a Florida
political subdivision.
519�172.'7�H 3
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(s) The term "Institute" shall mean the Florida Department of Environmentai
Protection's Fl�rida Marine Research Institute, an institute of DEP.
(t) The term "Local Governments" shall mean collectively the Cities and the
Counties.
(u) The term "Management �oard shall mean the new board for the NEP
Entity that will replace the Management Committee, all as set forth in Article Five below.
(v) The term "Management Committee" shall mean the existing Management
Committee of the NEP, which will be replaced under this Agreement by the Management Board
for the NEP Entity under Article �ive below.
(w) The term "1Vlanatee" shall mean Manatee County, a Florida political
subdivision.
(x) The term "NEP" shall mean the Tampa Bay National Estuaey Program, an
intergovernmental task force.
(y) The term "NEP Entity" shall mean the interlocal entity formed pursuant to
this Agreement and Section 163.01, Fla. Stat., and which shall be known as the Tampa Bay
Estuary Program.
�� (z) The teran "Nitrogen Management Consortium" or "�Consortium" means a
task force of representatives from the currently existing IVlanagement Committee, electric utility
industry, fertilizer industry, and agriculture, as described in Exhibit "A," which was formed to
develop an action plan to meet the portion of .the nitrogen management goai not previously
allocated to 1oc�l governments. '
(aa) The term "Pinellas" shall mean Pinellas Couney, a Plorida political
subdivision.
(bb) 'The term "Policy Board" shall mean the new board of the NEP Entity that
will replac� the Folicy Committee, atl as set forth in Article Five 6elow.
(cc) The term "�olicy Committee" shall mean the existing Policy Committee of
the NEP which will be replaced under this Agreement by the Policy Board for the NEP Entity
under Article Five below.
(dd) The term "Port Authority" shall mean the Tampa Port Authority, a Florida
port authority.
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S191S72,7-F(
(ee) The tertn "Regulatory Agencies" ;shall mean the governmental agencies with
regulatory authority over certain oi the other Parties, including DEP, EPC, Game and Fish
Commission, Port Authority, and SWFWMI�.
(ffj The term "St. Petersburg" shall mean the City of St. Petersburg, a Florida
municipal corporation.
(gg) The term "Streamlined Permitting" shall mean the expedited permitting
process described in Section 8.3 below.
(hh) The term "SW�WMD" shall mean the Southwest Florida Water
Management District, a Florida water management district.
(ii) The terrn "Tampa" shail mean the City of Tampa, a Florida municipal
corporation.
(jj) The ferm "T'�RPC" shall mean the Tampa Bay Regional Planning Council,
a Florida regionai planneng council.
ARTICLE TWO -- INTERLOCAL AGI�EEMEiVT
� 2.1 Interlocal �,greement. This Agreement is an interiocal agreemeni, as
contemplated by ehe Act, and pa�rsuani €o the authority of subsection (4) of the Act, ail of the
Parties qualify tq be a part of this Agreement under such Act.
2.2 Ymanu�ity. Pursuant to subsection (9} of the Act, all of the privileges and
'vnmunities from liabiliiy, exernptions from laws, ordinancss and nales, and pensions and relief,
disability, workers' compensation, and other benefits which apply to the activiry of officers,
agents or empioyees of any public agent or employees of any public agency when performing their
respective functions within the territorial limits for their respeccive agencies shall apply to the
same degree and extent to the performance of such functions and duties of such officers, agents,
or employees extraterritorially under the provisions of this �.greemer�t.
ARTICLE THItEE -- TERM
3.1 Term. The term of this Agreement is perpetual, commencing on the Effective
Date (the "Term"). The first day of the Term {[he "Effective Date") will be referred to below as
the "Commencement Date." The last day of the Term will be referred to below as the
"Termination Dat�."
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� 3.2 Sundo�vn Review. This Agreement shall be subject to a review by the Policy
` Board five (5) years from the Effective Date of this Agreement and on the same day of each five
(5) year period thereafter at which time the Policy Board shall evaluate the appropriateness and
effectiveness of this Agreement and the NEP Entity. The Policy IIoard shal[ vote by majority vote
on whether to terminate this Agreement, amend this Agreement or to let the status quo prevail.
Should no action occur, this Agreement shall continue for another five year period.
ARTICLE FOUR -- CCMP
4.1 A.tlopiion of CCNdP Goals and ]Priorities. The Parties hereby agree that the goals
and priorities (collectively the "Goals") for Tampa Bay described in the CCMP and amplified in
Exhibit "B" are approved and adopted by each of them. T'lie Goals for Tampa Bay are to maintain
important water qualicy and seagrass gains achieved over the last decade to allow the eventuai
recovery of seagrass to acreage observed in 1950. T�e Goals focus on issues that must be
addressed to sustain a healthier bay that will support both recreation and commerce. These issues
include seagrass and nitrogen load management, coastal habitats, coxic contaminants, atmospheric
deposi6on, bacterial contamination, fish and wildlife, spill prevention and response, and dredging
and dredged material management. "The Goals shall be achieved in the manner described in
Sectian 4.3 below, including through Action Plans and Action Plan Supplements described in
Article Seven fo be submitted by each of the Parties. The Parties shall use their best efforts to
achieve the Goals within the time periods prescribed, and shall work cooperatively to achieve all
of the Goals applicabie to �:Wm in a cos[-effective manner. Additionally, the Parties agree to work
together in good faith and through their best efforts to address other actions and recommendations
in the CCMP noe refiected iaa Exhibit "B;"
4.2 Modi�cat�on. The CCM, P and its incorporated Goals for Tampa Bay shall not be
amended, changed, extended, modified or suppiemented without the unanimous written consent
of all of the Parties, to be decided in their respective sole and absolute discretion. The Goals shall
be reexamined by the NEP at least once every five (5) years in light of new knowledge or changed
circurnstances and updated accardingly. The Policy Board may elect by a majoriiy vote to
reexamine the Goals more frequently if warranted by them. When it has been d�termined by the
Policy Board nnanimoe�sly that a Goal has been met, the Goai will be restructured to provide
ongoing maintenance of the resource.
4.3 GoaLs: Achievement. The only CCMP Goal that is specifcally allocated in this
Agreement to be achieved individually by any of ihe Parties is the nitrogen loading
reduction/management to be accomplished by Local Govern�ments as described in Section 1 of
Exhibit "B" and in Exhibit "8-1." It is contemplated that all other Goals will be achieved
collectively by tl�ie Parties with each contributing through specific Action Plans and Action Plan
Supplements describe� below. It is contemplated this Wili fosler joint cooperation among the
Patties anc2 joirit restoration and pollution reduction projects where reasonable and �ost effective.
'Thus, th� Goals wil� be collectively determined by the NEP EnGty as described in Exhibit "B" and
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a� thereafter achieved by the individual Action Plans and Action Plan Supplements of the Parties.
If a cumulative goal is not met within its stated goal period, t�en the NEP Entity will develop the
additional projects necessary to address the shortfall, including the funding sources, which projects
and funding are subject to the approval of the Policy Board.
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4.4 Nitrogen 1Vlanagemierat CQnsortium Responsibilities. The Nitrogen Management
Consortium is expected to adopt the Consortium Action Plan by resolution concurrent with the
adoption of this Agreement to address the Year 1999 goals for cumulative reductions in annual
loads of fifty-five (55) tons allocated to the Consortium in Section 1 of Exhibit "B" and in Exhibit
"B-1." Those Consortium members who are alsd Parties to this Agreement will incorporate
app�priate elements of Ehe Consoreium Action Plan into their own Action Plans within the later
of sixty (60) days of the Effective I�ate of this Agreement or the adoption of the Consortium
Action Plan. Such Action Pian is subject to the approval by majority vote of both the Policy
Board and the 1!/danagement Board. Fn 2he event of any inconsisYency between the provisions o�
elnis Agreement and any agreement ihat may be adopted by the Consortiam, including, without
limieation, nitrogen management goals, then the provisions of this Agreement shall control and
prevail. �
4.5 I'rospeetive Applicaiion. Tt�is Agreement is to be oi prospective application only.
Any actions authorized by D�P permits or permits issued by other permitting agencies issued in
respons� to permie applications filed prior to the e�'fective date of ihis �lgreement, whether or not
such applications were cleemed comgleie by DEP or other permiteing agencies by that date, shall
not be considered inconsistent with any CCMI' goals, eite►er alloc�ted or unalfocated, or
requirements of this Agreement. Further, any progress made toward impiementing CCMP goals,
either allocated or unallocated or requirements of this Agreement, will be measured based upon
an assumption fhat actions authorized by the permits referred to in this Section were occurring as
of the effective date of this Agreement.
4.6 Existing Projects. The Parties shall be able to take into account in their Action
Plan, projects that accomplish their designated responsibilides to the extent that such projects were
completed and became operational on or aftec January 1, 1995.
A�TICLT FIVE -- STRUCTURE OF TI-�E NEP
5.1 NE� JEntity. �'he Parties agree to the formation of the NEP Entity to be known
as the TAMPA BAY FSTUARY PROGRAM pursuant to the avthority of Section 7 of the Act.
5.2 NEP Entity. Tl�e NEP Entity shall be created undec authoriry of subsection (7)
of the Act. The NEP Entity shall have those pr�wers speci�cally described in ar contemplaterl by
this Agreement.
514]i72+�=H +%
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� ' (a) The NEP Entity shall:
(i) Have the powers and be in compliance with subsection (5) of the
Act;
(ii) Determine, adopt and implement a persacanel policy for the
recruitment, retention, supervision, discipline and evaDuation of the NEP �ntity employees;
(iii) Make purchases and enter into contracts in the manner determined,
adopted and implemented by it;
(iv) Determine the manner of acquisition, ownership, custody, operation,
maintenance, lease or sale of real or personal property;
(v) Determine the manner of the acceptance of gifts, grants, assistance
funds or bequests;
(vi) Determine the making of requests for federal, state, regional, local
government or other aid or grants �or the NEP Entity, except as otherwise specifically described
in this Agreement;
{vii) DeYermin� the manner of responding for any liabilities that may be
incutred through perfr�rmance under this Agreement or through the NEP Entity;
(viiiy Decermin� the manner in which strict accountability of alt funds shall
be provided and the manner in wliich reports, incla�sling an annual independent audit, of all
receigts and disbuaser:.�n� ,�;al' �� prepared and presented to the NEP Entity and all Parties; and
(ix) Determine, adopt and implement all ather necessary and proper
matters not otherwise covered above.
(b) The NEP Entity will not promulgate, issue or make rules or regulations,
ttonds, tax, charge rates, fees or rents, condemn or possess any of the other governmental powers
possessed by the other Parties except as speci�ically allowesf by this Agreement;
(c) All of the tangible personal property and copies of all records of the TBRPC
used speci�cally by or for the NEP and tl�e NEP Entity ernployees shall be transfened by the
TBRPC to the NEP �ntity by tf�e date described in Section S.8 below f�vith the content of PA
j�ct b in� abtained as an��j�, It is the intent that tangible personal property paid by funds
of the NEP be transferred and no others of the TBRPC. Federal, state, regional or local
government suppod speci�caliy contributed to the TBRPC for the NEP sh�11 be iransfened to the
NEP Entiry in the m�nner descrii�ed in Section 5.8 befiow;
5i9y172,7�N �
(d) In the event there are surplus funds heid by the NEP Entity, they shall be
used in the manner determined by the Policy Board;
(e) The adjudication of disputes or agreements, the effects of failure of
adjudicated parties to pay their share of the cost or expenses and the rights of other Parties in such
cases is specifically descrebed in or contempiated by this Agreemene;
5.3 1�iEP �ntiiy Functior�s aa�d Itesponsibilities. The NEP Entity shalt have the
following functions and responsibilities, which are not inconsistent with the Act or any provision
of applicable law:
(a) To make and enter into contracts and assume such other functions as are
necessary to carry out the provisions of any contracts entered into by the NEP Entity;
(b) To employ agencies or employees aad establish salaries and personnel and
employe� benefit programs for such fu11 time and temporary employees as are necessary to carry
out the functions of the NEF' Entity;
(c) To acquire, lease, construct, manage, maintain or operate buildings, works
or improaements;
(d) To punchase, receive, or otherwise acquire, own, hold, seli, convey, lend,
or otherwise c4ispose of, real, tangible or iniangible personal property, or any legal or equitable
interest in such property wherever located, and to the exteni the Parties all have such power, to
mortgage, pledge, or create a sec�rity interest in such property;
(e) To incur debts, liabilities, obligations, borrow money, issue its notes and
other obligations, and to the extent the F'arties atl have such power, to secure any of its obligations
by mortgage or pledge of any of its property, income and make contracts of guaranty and
suretyship which do not constitute the debts, liabilities or obligations of any of the Parties;
(fj To adogt policies or procedures or rules pertaining to any of its operations
and to conduct its business, lacate offices, and exercise the powers granted by law;
(g) io acquire and to perform all the things necessary to carry out the purposes
, of this Agreement separately or in conjunction with any oE the Parties;
(h) To cnnddct and pay for studies, plans and designs to effectuate the purpose
of the NEP Entity, which action may include, but is not ]imited to, work plans for staffing,
financing, res�arch, advertising and ttiarketing projects;
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{i) To enter into interlocal agreements, or ofher contracts with public or private
entities, if necessary, for the purposes described in this Agreement;
(j) To establish any future plan for participation of the Parties to effectuate the
terms and provisions of this Agreement, which shall include plans for any additional funding
incident to effectuating the terms and provisions of this Agreement;
(k) To appear on its own behalf before boards, commissions, departments, or
other agencies of municipal, county, state, or federal government;
(1) To request ar accept any grant, payment, or gift, of funds or property made
by the State of �'lorida, or by the United States or any department or agency thereof or by any
individual, firm, corporation, municipality, county, or organization for any or all of the purposes
of the N�P Entity; and io expend such funds in accordance with the terms and conditions of any
such grant, payment, or gift, in the pursuit of its administration or in support of the terms and
provisions of this Agreement: The NEP Entity shall separately account for ihe public funds and
the private funds deposited into any authorized public depository;
(m) Provided that the Policy Board and ehe Management Board unanunously
agree, to adopt, change, amend, and repeal the Yerms and provisions of this Agreement for the
administration of tfie pruvisions and terms of this Agreement;
(n) To sue and be sued, complain, and defend in its entity name;
(o) To transact any lawful business thaY will aid governmentai policy; and
(p) 'Fo make payrnents or donations or do any other act not inconsistent with
law that furthers the affairs of the NEP Entity.
5.4 Poiicy I£oard. Initialiy, the Board of Directors of the NEP Entity shall be made
up of eight (8) voting directors representing d�e Cities, Counties, DEP and SWFWMD
(collectively the "Policy Group 1Viember(s)"), and one non-voting participani representing the
EPA, and shall be knowa� as the "Policy �oard". The actual representative of each Policy Group
Merr►ber and the EFA shalt be appointed by such Palicy Board iVieenber or the EPA from time to
time. Fach Policy Group Mernfier and che EPA shali also appoint an alternate representative for
the Policy Board from time to time to serve when the actual representative is not available. Each
Policy Group Tlqember and the EPA may change either their initial or alternative representative
&om time to time, but with at least two (2) business days prior written notice by a duly authorized
representative of any chan�e to the Policy Board before any meeting. The Policy Board shall have
policy making powers far th� NEP in additi�n ta those powers explicidy set forth in this
Agreement. The Policy T3oard af the NEP Entiry shall replace the existing Policy Committee.
Except as otherwise specifically set forih herein, a yuorum for meclings and all votes shall tre by
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� a majority of the board members, with the exception that the EPA representative will noe vote nor
be counted far purposes of a quorum. All directors of the Policy Board shall serve without
compensation.
5.5 1l�Ianagement Board. Initially, the Management Board of the NEP Entity shall
consist of representatives of each of the Parties (each of which sha(I be voting members), one of
each of the existing Co-Chairs of the TAC and CAC (both defined in Section 5.7 below) (each
of which shall be voting members) and representatives of the Army Corps and EPA (who will be
nonvoting members) (the "Management Board"). The actual representatives of each of the Parties
and the Aamy Corps and EPA shall be appointed by such Management Board member from time
to time. Each of the Parties and the Arzny Corps and EP'A shall also appoint an alternate member
to the Management Board from time to time, to serve when the actual representative is not
available. �ach of the Pacties and EPA may change either their initial or alternate repr�sentatives
from time to time, but with at Ieast two (2) days prior written notice by a duly authorized
representaGve, of any change to the Nlanagement Board before any meeting. The Tt1C and CAC
shall not have alYernate members, with only the alternaking Co-Chairs being a member of the
Management Board. The Management �oard shall have managerial powers for the NEP to the
extent delegated by the Policy Board, in addition to those powers explicitly set forth in this
Agreemeni. The Managecnent Boacd shall replace the existing Management Committee. Except
as othe�wise specificaliy set forth herein, a quorum for meetings and all votes shall be by a
majotity of the board members, with 4he exception that ths Army Corps and EPA representatives
wil9 not vmte nor be counted for purposes of a quorum. The IYlanagement Boar.d may unanimously
agree to add t@ie then existing Chair of the Consoctium as a non-voting member of the
Management Board, and if such occurs, such Chair shall noe be counted for purposes of
establishing a quorum. All directors of the ldlanagement Board shall serve without compensation.
5.6 Officexs. 'The Policy Board shall elect (i) a chair or chairs of the Policy Board;
(ii) other Policy Board officers; and (iii) and officers of Yhe NEP Entity they deem aPpropriate.
The Management Board shall elect (i) a chair or chairs of the Management Board; and (ii) other
Management Board offficers. Until the EPA ceases funding under Article Nine below, the DEP
Represeneative on both the F'oIicy Board and the Management �oard shall serve as Chair.
5.7 Committees. The Policy Boacd or the Management Board at the direction of the
Policy Board, shall continue such existing advisory committees as it deems necessary, including
��vithout limitation, the Technical Advisory Com�aEsee (°TAC") and the Community �dvisory
Committee ("CAC"). All members nf committees shall serve withnut cornpensation.
5.8 Transition and Administrative Support. The staff of the cunent NEP will
become the staff of the NEP Entity. Within the period of three (3) to six (6) months of the full
execution of tP�is Agreement, ihe Policy $oard shall approve an Operating Procedures Manual
establishing procedures the NEP Entiry wil( follow in its opeCations, including hiring/termination,
paylcompen�arion, bene6ts, procurement of services and general policies. Within the period of
three (3) ta nine (9) months of the full execufion of this Agreement, the NEP Entiry shall enter
srn�r7z.�-H 11
� into an administrative support agreement with a third party to provide administrative support for
the NEP Entity, the Policy Board and the Management Board in accordance with the Operation
Procedures Manual. It is contemplated that the TBRPC Wil1 continue to perform such support
services so long as the quantity, quality and cost of services are reasonable. Transfer from the
TBRPC to the NEP Entity of NEP staff, office equipment and furniture, NEP funds, and other
assets of the NEP along with the responsibilities for grants, contracts, and other legal documents
in the name of TBRPC on behalf of the NEP shall be effective on the date the administrative
suppoR agreement becomes effective.
�
5.9 LimYtations of Po�vers. The NEP Entity shall have no powers of taxation,
regulation or eminent domain.
5.10 Adclitional Soard 1l�enxbers. Should other governmental entities or regulatory
agencies os private iridustry entities desire to become a party co this Agreement and of the Policy
Board ehey anust b� unanimously approved by the Policy Board in their respective sole and
absolute discretion. Such Party must compty with a11 of the provisions of this Agreement and be
willing and able to contribute its pro-rata share oP the fvnding. The funding ratios in Article Nine
below will be amended accordingly to reflect such new Policy Board Members' obligations, all
as of the first day of the nexe fscal year of the PdEP Entity. Once an entity is approved they will
become a member of the NEP Entity, of th� Policy Board and of the Management Board with che
same voting rights as• che existing members of such entities or boards. Should other governmental
entities or regulatory agencies or gtivaee industry entities desire to become a party of this
Agreement and the Management Committee (and not contribute funding) they must be
unanimously approv�ci by tlne Palicy Board and the c'Vianagement Board in their respective sole and
absolute discretion. �nce an entiry has approval, they will become a member of the Ivlanagement
Board wiih the sarne voting xights as the existing members of such entities or board all as of the
first day of the next fiscal year of the NEP Entity. Within six (6) months of the Effective Date
9f h rPement the Policv Board will take actaon on the �ending request of the Tampa Bav
$egional �'nuncil tn fsecome a member of the Potic�y Boacd
yeac.
5. i I Fiscal Year. The NEP Entity shall have a fiscal year ending September 30 of each
5.12 �udgets.
(a) During the month flf June and following preparation of a tentative budget,
the Policy Board shall publish a notice of its intention to adopt a tentative bu�dget. Following an
appropriate hearing, the Policy Board shall arlopt a tentative budget each year during the month
of June of each year %r the NEP Entity coveririg its proposed operation and requirements for the
next ensuing �scal year. �
519jt`73.'7-H 12
,
.
� (b) The Policy Board shall give consideration to objections filed against the
budget and in its discretion, may amend, modify or change the tentative budget. The Policy
Board, by September 30th following appropriate notice and hearing, shall adopt a final budget for
the NEP Entity, vvhich shall thereupon be the operating and fiscal budget for the NEP Entity for
the ensuing fiscal year.
�
(c) The Policy Board shall provide copies of the tentative budget to the Parties,
as well as the Army Corps and EPA, and such tentative budget shall be accompanied by the
estimated annual contribution of each of the Policy Board Members. The notice shall set forth
the tentative budget in full, and shall be notice to the general public within the Counties and the
Cities � Pasco and Sarasota Countv areas that on a date
and at a place appearing on the notice, opportunity will be afforded to them to appear before the
Policy Board and show their objections to the budget. The notice shall be published once a week
for two consecutive weeks in any newspaper of general circulation in each jurisdiction mentioned
ab�ve, the last publication of which shall appear not less than one week prior to the date set by
the Policy Board for the hearing on the budget.
5.13 Byiaws. The Policy Board by unanimous vote shall create and adopt Bylaws or
appr�priate rules of procedure for the NEP Entity for its governance and which shall remain in
effect euitil modified by the Policy Board. The Bylaws or appropriate rules of procedure shall be
initially created and adopted at the same time or before execution of the administrative support
agreement described in Section 5.$ above.
5.14 �'oSi�ies. The NEP Enti€y shal! ado�t its op�rating rules and internal procedures
in tiie manner described in Section 5.2(b) above. Until such rules and procedures are fully
adopted, the Policy Board may use the rules and psocedures presently used by the TBRPC.
ARTICLE SIX -- RESPONSIBII.ITIES OF THE PARTIES
G.1 Lnterpretati�n of Agreer�x�nt and CCIi�. 'd'he parties agree that this Agreement
is intended to make ihe CCMIP a standard by which regulatory actions are taken within the
framework of exisEing rules and regulations. Thus, if a CCt�iP Goal is being furthered by an
Action Plan or proposed permzf, the Ftegulatory Agencies will attempt to aliow such suggested
ac[ions to occur so long as triey are within the parameters of existi�g rules and regulations. This
will be knovvn as "Regul�tory Fl�xibility," as contemplated by 5ection 6.3 betow. In the event
that a rule or waiver or rute change is required, then the provisions of Section 6.4 below shall
control and prevail. �y participation in this Agreemeni, tt�e Regulatory Agencies do not
subordinate or relinquish their tegulafory authority over the estuary or the power to act
independent and apart from this Agreement.
si9si7z.�-� 13
� 6.2 Responsibilities oF all Parties. By entering into this Agreement, the intent of the
Parties is to assure effective and timely implementation of recommended actions and to adjust
strategies as needed in the future to keep Tampa Bay's recovery on track. To that end, each of
the Parties hereby agrees to:
(a) Determine how they will contribute toward the attainment of the Goals
including their individua! goals and time frames for achieving those goals; .
(b) No later than two (2) months following the effective date of this Agreement,
each Party shall submit their conceptual Action Plan outlining the projects, initiatives, and
strategies that it will undertake over a certain p�riod of time ta achieve the Goals for Tampa Bay;
(c) Upon execution of this Agreement, each Party shall appoint an individual
or individuals to serve as its liaison with the NEP on tracking and coordinating CCMP
implementation and submit their name(s} in wrieing to the NEP; and
(d) �nnually review and, where new projects are required to accomplish the
Goals, resubmit its Action Plan to the Management Board and ihereafter the Policy Board in the
form of an Action �'lan Supplement, and supplement the plan with such detailed projects it will
unclertake.
6.3 A.dditional itesponsibilities of �he iZeguiatory A.gencies.
(a) The Regulatory Agencies agree that they will extend as much flexibility as
is flegally permissibie under circumstances deemed appropria[e by such agencies for projects that
are part oi an approved Aceion Flan.
(b) The flexibility contemplated by this section is intended to facilitate
achievement of the CCMP goals, produce a nat environmental Ueriefit, and allow an efficiency that
will reduce the overall costs of implementing the CCMP. For projects reviewed under Seccion
B7 oi 97-164, Laws of Florida (to be radi�ed as Section 403.0752 of the Florida Statutes), the
Regu�atory Agencies agree to extend, as appropriate, che foilowing forms of flexibility for projects
that are part of an approve€i Action Plan: (1) permieting process flexibility, (2) expedited permit
processing, (3) alternative monitoring and reporiing requirements, (4) coordinated permitting and
inspe�tions, and (5) coapzrative insp�ctions that pcovide an opporcunity for informai resolution
of compliance issues before enforcement action is initiated.
(c) The executive director or agency head of each penmitting agency shall
appoirtt a highly placed staff member as an Action Plan and Action Ptan Supplement coordanator.
The coordinator will maintain awareness of the status, and will overses the progress of, any
pxoject vvhich is a part of an approved Action Plan and Action Plan Supplement through the
pecmitting pz`ocess. Respansibilities of the coordinator will include on the Local Government
applicant's request: {1) review of the informational requirements reguired in permit review; (2)
si9�i�2.ti-►� 14
� review of any proposed conditions or other requirements contemplated for permit issuance; (3)
review of any monitoring and reporting requirements in perrnit issuance, that are in addition to
those being accomplished by Local Governrnents incident to the �'CMP; and (4) such other
matters as may be reasonably necessary. The representatives of the Pacties involved with
implementation of this Agreement shail be well-versed in the principles of ecosystem management
and the CCMP, and witl strive to imptement those principles in the design of projects and
processing of permit applications. All parties to this Agreement shall be well-versed in the
principles of ecosystem management and the CCMP and will strive to implement those principles
in the design of projects and processing of permit applications. The provisions of this subsection
(c) are the good faith efforts of the Regulatory Ageneies to facilitate actions by them in pernut6ng
projects contemplated by Acfion Plans and Action Plan Supplements approved hereunder, and in
no manner shall it provide any right of action by any of the Parties claiming that the provisions
of this subsection (c) have been breached.
�
6.4 dariances and Waivers or Rule Changes. The Regulatory Agencies agree to
consider granting variances or waivers or changes to their rules pursuant to or in accordance with
Chapter 28-104, Florida Administrative Code, if requested, to those projects tiaat demonstrate
consistency with the goals of the CCMP, including but not limited to the implementation of the
Parties' approved Action Plans, to the extent their exisdng laws, rules and regulations permit such
relief. An agency's decision concerning when and whether to grane � variance or waiver or rule
change, is a mattee totally within the discretion of each agency and z.ny decision not to extend a
variarace or waiver o� a-�le change shall not be considered a breach of this �.greement.
6.5 Reganl�tc�r� Process Reveew. Subject to the above li:mitations, all Regulatory
Agencies and all oth�c Parties having regulatiory functions agree to periodically review their
regutatory processes and incorporate changes in statutes, rules or policies that would assist an
meeting the goals of the CCI�P. Any such changes shall be made in keeping with the cooperative
intent of this section and otherwise in this Agreement.
6.6 Addalioaaa9 ltespo�nsebilitees of the Locat Goaernments.
(a) Identify the regulatory flexibility desired for its projects from time to time,
and provide such 1'tst of desired fl�xibitity to the Regulatory Agencies.
(b) Include the goals contained in ies applicable Action Plan (as they may be
amendeci from time to eime) into iis comprehensive plan and needed actions in its capital
improvement plans as such plans are further amended feom time to time.
(c) Identify regulatory and land-planning flexibility to be exercised by I.ocal
Governrnents in attaining CCMP Goa15.
5/93172.7-H 15
6.7 Responsibilities of the NEP lEntety. The NEP Entity shall:
(a) Serve as the coordinating body For the Actian P1ans and assist the Parties
in gathering in�'ormation necessary for the deveiopment of Action Plans and the subsequent
implementation thereof;
(b) RepoR annually to the Policy Board on each Party's compliance with this
Agreement and each Party's status of the impiementation of their Action Plans;
(c) Prepare, every two (2) years, a baywide enviror�mental monitoring report
on conditions and trends in Tampa Bay;
(d) Assist the Parties in locating grants and other funds to aid in implementation
of �he projects set forth in their individual Action Plans and Action Plan Supplements;
(e) Coordinaie outreach programs to promote public participation and facilitate
restoration activities that support the CCMF Goals;
(fl Coordinate the re-examination and updating of the CCMP every five (5)
years;
� (g} Facilitate resatution of conflicts among the Parties;
(h) Estabiish a process that determines when a member has achieved its share
of the CCMP Goals and ensures continued maintenance oi those goals afterwards;
(i) Oversee atmospheric deposiiion, toxic contamination and other cesearch
prajects;
(j) Develap action plans to address goals not heing addressed through other
Party's Action Plans; and . .
' (k) Participate through the TBRP� in the Plorida Coastal Zan� Ie�anagement
(CZMj Pragram f�desal consistency revie�v pxocess to ensbare that relevant federally funded or
gyermitted projects are consistent wveth the goals a� tYae CCMP.
Specific actimn to accomplish such goals must be appraved by both the Policy Board and the
]�lanagement I3oard.
6.8 lPort Avfhority. 7I'l�e Poct Authoricy is an independent speeial district created by
tl�e I#iocida Lae�eslaRUre nnder Chapter 95-488, F.awS of I�orida, as amended from time to time (the
"Port Auihcieity Enabling Act"). The Port Authority �nabling Act provides in part the Port
� Authnritp is responsible for regulating marine constrUctio� and management of savereign
S f 93172 . �-1{ i b
''1 submerged lands within the Hillsborough County Port District (the Port Authority Regulatory
Capacity"). Notwithstanding any provisions in this Agreement to the contrary, the Port Authority
is entering into this Agreement only to the extent of its Port Authority Regulatory Capacity.
ARTICLE SEVEN -- ACTION PLANS
7.1 Action Plans. Each Party shalt submit, within two (2) months following the
Effective T�ate of this Agreement, a conceplual Action Plan to the Pvlanagement Board for approval
outlining the manner in which it intends to achieve the Goals of the CCMP. The Action Plan is
a long-term strategy outlining each Party's contribution to the attainment of the CCMP Goals and
specifically how each Party shall attain the CCMP Goals, if any. The Action Plan may be revised
at any time throughout the Term by submiiting such revisions to the Management Board for
approval.
7.2 A.ction i'lara Suppiements. �efore each annual anniversary date of this
Agreement, each Party shall review its Action Plan. Where new projects are required to
accomplish tt►e Action Plan, each Party shall submit an Action Plan Supplement to the
Managemec�t Board for approval. The Action Plan Supplement shall describe specific projects
outlined 'an its Action Plan, including anticipated costs, financing and impact. Where no
suppletnen� is required, a notice [o that effect shall be submitted to the Management Board. The
Action Plan Supplement should also include provisions for maintenance throughout the Term of
this Agreement of any particular CCMP Goal once it has been attained. The Action Plan
Supple�ent may"be revised at any time throughout the Term by submitting such revisions to the
Management Board for approvaL
7.3 Review of Actian Plans.
(a) iVIIa�tageYnent Boaral. The Management Board shall review the Action
Plans and revisions thereof submitted by the Partie's and vote on recomzneading individual Action
Plans to the Policy Board. An affirnaative majority vote of the PVianagement Board is requised in
order for any it�dividuaF Action Pian to be recommended to the Policy Board, except that a
negative vote from a�y Regulatory Agency w'sth jurisdiction over the Action Plan will result in
a negative recammendatian. Revisions to the Action Plans must only be approyed by the
Management Board unless the Policy Board sha1l otherwise direct.
(b) I'alicy I3oard. The Policy Board shall revievl the Action Plans
recomm�a�ded by the Managemsnt Board for consistency with the CCMP Goals and for feasibility
and shall vote on each Action PYan's acceptability. An affirmative majority vote of the Policy
Board is required to approve any individual Action Plan. In addition, in order for any individual
Action i'lan ta he approved and implemented, all applicable Regulatory Agencies on both the
IVlanagement �oaz�d and ihe Policy &yard that have jurisdiction over the Party's Action Plan, must
have cast an affirmative vote for the plan.
S 193172.7-N 17
r
`�' 7.4 Review of Action P1an Supplements.
(a) Management Board. The Management Board shall review the Action Plan
Supplements and revisions thereof submitted by ihe Parties and vote on recommending individual
Action Plan Supplements to the Policy Board. An affirmative majority vote of the Management
Board is required in order for any individual Action Plan Supplements to be recommended to the
Policy Board, except that a negative vote from any Regulatory Agency with jurisdiction over the
Action Plan Supplement wi11 result in a negative recommendation.
(b) Policy Board. The Policy Board shall review the Action Plan Supplements
recommenrled by the Management Board for consistency with the CCMP Goals and for feasibility
and shall vote on each Action Plan Supplements acceptability. An affirmative majority vote of
the Policy Board is required to approve any individual Action Plan Supplement. In addition, in
order for any iradividual Action Plan Supplements to be approved and implement�d, all applicable
Regutatory Agencaes on both the Management Board and the Policy Board that have jurisdiction
over the Party's Action Plan Supplements, must have cast an affirrnative vote for the plan.
7.5 Actson �laa� Permitting. For each specific project of any individual Action Plan
that requires a permit, an applicant may request its application be reviewed under the Streamlined
Permitting proce5s or may apply to each applicable Itegulatory A,gency individually.
ARTICLE EIGHT -- STREAMLINED PERMITTING
AND IECOSYSTEM MANAGEM�NT
8.1 Ffcosystem Ii�ianagemerei. Section 27 of Chapter 97-164, Laws of Florida (to be
codified at Section 403.0752 of the Florida Statutes) (the "Ecosystem Management Law") provides
a new means foc regulatory agencies and local governments to enter into comprehensive multiparty
permitting agreements. The CCMP shall be conclusively deemed an ecosystem management
conceptual design upon which more detailed ecosystem management agreements will be entered
into based upon individual Action Plans.
8,2 Esa�system 1Vdanagea�Eent A�reeenent�. At the time of approval of a Party's Action
PIan by the Ivfana�ement Board and the Policy Board, the applicable parties may, in their
resgsective sole discretion, enter into an ecosystem management agreement as contemplated by the
F..cosystem Management Law. Such agreement may coordinate the legal requirements and
timelines af the Parties, and may include all necessary permit processing, project construction,
operaeing, monitoring and enforcement actions, proprietary approvals, and compliance with
development orders and regional and local comprehensive plans.
5/9�772.7-H
18
8.3 Streamlined Review Frocess. In order to streamline the necessary authorizations
from the Regulatory Agencies, the Parties agree that the review process for projects contained in
an approved Action Plan may be as follows, unless the appiicable affected Local Government
otherwise elects•
(a) Regulatory Agencies: The Regularory Agencies shali review the applicable
permit applicatiam as part of a Team Permitting process, and as such, shall work together to
coordinate their requests for information from local governments; and
(b) Pre-application: Befare any Party submits a permit application, the
Regulatory Agencies shali encourage the applicant to attend an informal meeting Yo address the
questions and concerns of the Regulatory Agencies up front and in an expedited manner.
ARTICL,E NINE -- BUDGETING AIVD FUNDING
9.1 NEP Budget. The Policy Board is responsible for establishing the budget for the
NEP Entity and shall annually review and approve the budget. The budget will require approval
by twa-thirds (2/3rds) of all members of the Policy Board.
9.2 Curcent �nding. �'he NEP is currendy funded primarily by the EPA in addition
`��, Yo appropriations by Clearwater, St. Petersburg, Tampa, Manatee, Pinellas, Hillsborough, the
Alafia River Basin Board, the Manasota Basin Board, the Hillsborough River Basin Board, the
Northwest Hillsborough �asin Board and the Pinellas-Anclote Basin Board. The func3ing of the
NFP'shall remain unchanged through October 1, 1998 at which time the Parties to this Agreement
wilt be responsible for the funding as set forth beIow.
�
9.3 �niiial Funding. Subject to the provisions of Section 9.6 below, for the period
comanencing on C?ctoher 1, 1998 through September 30, 2000, each member of the Policy Board
and EPA shali fund ehe annual cost of administering the NEP Entity office in the same amonnt
as its fiscal year i997-I998 contribution as set forth in Exhibit "C. °' As changes are made to the
Policy �aard composition, then the funding allocation will be reestablished by the Policy Board. .
9.4 T'ern9 �ndingo Subjece to the provisions of Section 9.6 below, from October 1,
200� through the end of the 'Term, all NEP Entity budgeted costs shall be funded one-third (1/3rd)
by SWFWIlrID through the 4.ioverning Board or designated Basin Boards, and two-thirds (2/3rds)
by Clearwater, St. I'etersburg, Tampa, �diltsborough, Manatee ar�d Pinellas allocated on a pro-rata
share based on population size, excepc that the population of any Policy Board Member county
shall not include the population of any Policy Board Fvdember city within its borders.
Si931T2.7-H 19
� 9.5 SWIM Funding. Throughout die Term of this Agreementr ;��WFWMD promises
to us� its best efforts to support Surface Water Improvement Management ("SWIM") projects on
Tamp�, �ay on a match basis with Clearwater, St. PeYersburg, Tampa, Hillsborough, Manatee and
PinetIas, as welt as other mvnicipalities affecting Tampa Bay. Such promises are premised on
state governmental funding of the SWIM projects at least to the extent of twenty-five gercent
(2Sro) of the applicable capital and operating costs, so that the L.ocal Governments wilt pay fifty
, pere�nt (50%) of such project costs, and the State of Florida and SWFWMD will each pay twenty-
five percenE (25 %) of such costs. The casts of Local Governments in acquiring the land necessary
for such SWIM project vril! be credited to their match obiigations under this Section 9.5.
9.6 Arueual Appro6al. Each Policy Board member shall attempt to cavse approval by
its applicable legisla[ive or governing body each fiscal year of the funding levels described in
Sections 9.3, 9.4, and 9.5 above, but which funding decision is in the sole discretion of such
applicabl� borly. Such funding approval is a condition precedent to the funding obligation by such
Entity each year under Sections 9.3, 9.4 and 9.5 above.
F,RTICLE TEN -- DEFAULT
In t�ie ev�nt any Party is determined to be in willful and significant noncompliance with
it� Acteon Plan or the CCMP Goals or wich the terms of this Agreemene, the Policy �oard may,
�, by a unanimous vote hy all Parties except the I'arty charged with being in default, remove such
'�"'�� non-complying Parey frorxi chis Agreement. Prior to any such vote by the Policy Board, the non-
cotnplyin� Party shall be given a notice of its non-compliance and an opportunity to remedy the
probl�m witllin a reasonable period or to a public hearing before the Policy Board if there is a
dispute whecher a c�efaule exists. If a�'arty is found to be in noncompliance with permits by the
applicabte Regulatory Agency(ies), the permit granting agencies may take actions to enforce their
peexnits aga'rnst such non-complying Party under their own respective laws and regulations. If any
I'arty is discharged under this Article Ten, {i) all monies previously paid hereunder shall be
conclusavely deemed eamed and not subject to return to such Party, (ii) any future funding
respai�sibility of such Party shati terminate, and (iii) this Agreement shall continue as to the
remaining Parties. Provided, however, any funds paid before termination but not expended shall
only be used by the NEP Entity i�n accordance with the approved budget for which such
contribution was made.
Ak2TICLE iLE'VEN -- NOTICE
Any and all notices required ar permitted to be given hereunder shall be in writing, and
shalt be provided if either personaliy delivered ta the Party at the addresses set forth in Exhibit
"D," transmicted by electranic facsimile machine to the fax numbers listed, or sent by U.S.
certified or registec�ci mail, postage prepaid, return receipt requested, to such addresses, all such
notices being effective upan delivery to and receipt Uy the Parties, unless the respective Party or
s�s�i�z.�-e 20
r
� Parties notify all other Parties in writing in accordance herewith of a change of address and/or
representative at such address authorized to receive any and all such notices, in which case any
and all such notices shall be delivered andJor mailed as aforesaid to said Party or Parties at such
new addres5 with respect to such Party.
�►RTICLE TWELVE -- WITHDRAWAL OF A PARTY
Notwi¢hstanding anything contained in this Agreement to the contrary, any Party hereto
shall have the right to vvithdraw as a Party to this Agreement by providing one hundred eighty
(180) days prior written notice as set forth in Article Eleven above. Such withdrawal of a Party
shall occur only if the withdrawing Party provides one hundred eighty (180) days prior written
notice to the other Parties. In the event all other Parties receive written notice of such withdrawal
irom the withdrawing Party, then on the day Pollowing ihe end of such one hundred eighty (180)
day period, the withdrawing Pac�y shall no flon�er be considered a Party to this Agreement.
Pro�ided however, even though such withdrawing Party shall have withdrawn as a Party to thi�
Elgreement as sef forth above in this Articie, such withdrawing Party shall continue to be subject
to all obiigations and responsibilities of a Party with respect to compiiance with all applicable laws
and regulalions, without the benefit of being a I'arty hereto to this Agreement. If a Party
withdraws under t}�is Article Twelve, (i) all monies previously paid hereunder shall be
conclusively deemed earned and not subject to retum to such Party; (ii) any future funding
res�nsil�iiity of such Party for the longex of ihe period of such one hundreQ eighty (180) days or
until the nexi fiscal year shall be required, and (iii) this Agreement shall coritinue as to the
semaining i'arties. ,
AR'I'ICLE THIItTEEN -- CONCLUSION
13.1 Na Third Pamty B�ene�ciaries. This Agreement shall inure to the benefit of the
Parties. Ti�is Agreement is for the exclusive beneft of the Farties, and shall not be deemed to be
made %r the benefet of ang! other gersons not sa specified.
13.2 1�Iodi�cation. 'Y'his Agr�ement may be mo�i�ed, altered or amended only by a
written instrument subsequencly executed by ttte Parties hereio.
13.3 Cornple�� R,gr��cx�ent. This A�reement constitutes the full, complete and wholly
independent agreement among the �'arties with regard to the matters addressed herein. This
Agreement also supersedes all prior agreements, understandings, representations, and statements
among the Parties with respect to the matters addressed herein, either written or orat.
5/99172.7-H Zi
� 13.4 Severability Ciause. If any clause, provision or section of this Agreement shall
be held to be illegat or invalid by any court, the invalidity of such clause, provision or section
shail not affect any of the remaining clauses, provisions or sections hereof, and this Agreement
shall be construed an:d enforced as if such illegal or invalid clause, provision or section had not
been concained herein.
13.5 Gov�rning Law. Existing and future (aws, rules and regulations of the United
States and its agencies, the State of Ftorida and its agencies and the other Parties to this
Agreement shall take precedence over the terms and provisions of this Agreecnent in case of
confl:ct or inconsistencies between them. The laws of the United States or State of Florida as
appropriate and applicable, shall govern the validity, performance and enforcement of this
Agreement, regardless of the state in which this Agreement is being executed.
13.5 i'ublic P'urpose. This Agreement satisfies, fulfills and is pursuant to and for a
pubiic purpose and municipal purpose and is in tlie public interest, and is a proper exercise of each
Party's power and authoriey under each Party's individual municipal or governmental authority.
13.7 PerPormance Standae�ds. None of the provisions in this Agreement shall be
deemed in any manner to amend, modify or otherwise change any of the provisions or regulations
or orciinances of any municipality or governmental agency which is a Party to this Agreement to
allow a g�rformance standard less than is otherwise required under the terms of those provisions
or regulatians or ordina�ces, except as specifically provided herein.
13.� Sa�rvi�val. All of the representations and wananties set forth in Ehis Agreement
shall survive tiie consummatiun of any and all of the transactions described an th� Agreement and
the termination of this Agreement, and shall not be deemed to be merged in the Agreement or any
other instrument which may be executed and delivered pursuant to this Agreement.
13.9 tluthority. None of the Parties has any authority to bind or make any orai or
written representations on behalf of the other Parties with differing interests fiereunder, and
nothing contained in this Agreement shalt constitute any one or more of the Parties as partners
with or agents for any one or more of the other Parties.
13.10 ]Eieadings I�1ot a Part I-�ereo�'. The headings preceding the several articles and
sections hereof (and an� table of contents hereto) a�e solely for convenience of reference, do not
constitute a part �f t.,;s Agreement and shaIl noi affect its rneaning, construction or effect.
13.11 Counterparts. 'This Agreement inay be executed in o�e or more counterparts, each
of e�vhich may be executed by less than all of the parties but all of which shall be construed
together as a single instrument. This Agreement shatl Uecome effective upon the exchange of
original caunterpart signature pages signed by all of the parties, but if such initial exchange occurs
by facsimile, originai si�nature pages wiil be exchanged within ten days of the date hereof.
Si53f72.,-H' 2z
`� 13.12 I3inding Effect. This Agreement shall bind the successors and assigns of the
Parties.
13.13 Execution. This Agreement shall not be effective nor shall it have any force and
effect whatsoever untii all of the Parties have duly executed this Agreement and filed the
Agreemenf pursuant to Section 13.14 below.
13.14 1�"iling. Each party to tliis Agreement shall, pursuant to Section 163.01(11), Fla.
Stat. , fiie a capy of this Agreement and any amendments thereto with the Clerk of the Circuit
Court of each County where that party is located.
13.15 Conditions �'receden�. This Agreement shall not be effective or have any force
and effect whatsoever unless and untit the Army Corps duly signs the instrument attached to Lhis
Agreement. The EPA has separately executed the Memorandum of Understanding attached to this
Agreement.
YN �JITNFSS WHEREOF, the Parties hereto caused this Agreement to be executed, under
seai, and shall be deemed to have executed such, on the day and year �rst above written.
;�
Sf93172.7-t1
23
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Countersigned:
RITA GARVEY
Mayor-Commissioner
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3193f72.7-H
CITY OF CLEARWATER, a Florida
municipal corporation
By:
MICHAEL J. ROBERTO
City Manager
Attest:
CYNTHIA E. GOUDEAU
City Clerk
tsEa�,)
APPitOVED AS TO FORM:
By:
SIGNATURE
Leslie K. Dougali-Sid�s
NAME LEGIBLY`PRINTED,
TYPEWRITTEN OR STAMYED
Its City Attorney
24
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5193372.7-H
CITY OF ST. PETERSBURG, a Florida
municipat corporation
By:
DAVID J. FISCHER,
Mayor
Attest:
JANE K. BROWN
City Clerk
(SEAL)
APPR�VEI3 AS TO FORM AND
CONTENT:
�y:
SIGNATURE
NAME LEGiBLY PRINTED,
TYPEWRITTEN OR STAMPED
Its City Attorney
25
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CITY OF TAMPA, a Florida
municipal corporation
�
Dick A. Greco
Its Mayor
Attest:
Janett S. Martin
City Clerk
,- (SEAL)
APPROVED AS TO FORM:
By:
SiGNATURE
Kathv M. �rv
NAME LEGiBLY PRINTED,
TYPEWRITTEN QRSTAMPED
Its Assistant �City Attorney
26
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FLORIDA T�EPARTMENT OF
ENVIRONMENTAL PROTECTION, a Florida state
a�ency
By:
2'1
i�
(SEAL)
a
�
�
5lijii2.y�H
FLORIDA DEPARTMENT OF •
• ENVIRONMENTAL PROTECTION'S FLORIDA
;�:!€� MARINE RESEARCH INSTITUTE, an institute of
� J DEP
28
Its
(SEAL)
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FLORIDA GAME AND FRESH WATER
FISH COMMISSION, a Florida state agency
By:
29
Its
(SEAL)
,.
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HYLLSBOROUGH COUNTY, a Florida
political subdivision
By:
Its
Attest:
County Clerk '
(SE.4L)
Al°P120VED AS TO FORM:
By:
SIGNATURE
IdAME LEGIBLY PRINTED,
TYPEWItT1TEN OR STAMPED
Its County Attorney
30
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sll3i73.'�+N
�� �
HILLSBOROUGH COUNTY
ENVIRONMENTAL PROTECTION COMMISSION,
a Hillsborough County agency
By:
Its
(SEAL)
AP1 ROVED AS TO FORM AND
CONTENT:
�y:
SIGNATURE
NAIvYE LEGIBLY PRINTED,
TYPEWRITTEN OR STAMPED
Its County Attomey
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s�y�x�r3.7-H
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MANATEE COUNTY, a Florida
political subdivision
BY:
Patricia M. Giass
Its Chair of the County Conrrnission
Atcest:
R.B. Shose �
County Clerk
32
(SEAL)
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PINELY.AS COUPdTY, a Florida
political su�divisian
�y:
�cs
Astest:
County Clerk
(SBAL)
APPR�VED AS TO FORM;
By:
SIGNATURE
1VAME LEGIBLY PRINT�D,
TYPEI�RITTEN OR STAPvIPED
Ies � County Attorney
#1i5i72.1-H ��
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SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT, a Florida water
management district
�
Roy G. Hanell, Jr.
Its Chairman, Goveming Board
(SEAL)
Attesi:
Curtis lLaw
Its Secretary
��� �
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TA.MPA PORT AUTHORTTY a Florida
port authority
�
Its
(SEAL)
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TAMPA BAY REGIONAL PLANNING
COUNCIL, a Florida regional planning council
By:
36
Its
(SEAL)
0
a
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�,t�T OF �XFYIBITS
Exliibit A --
Exi�ibet B --
Exhibii �-1 --
Exhibit C --
�X�llbi� � --
Nitrogen Management Consortium Members
Goals
Nitrogen Management Goals
Funding Table
�OfICC
�
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TAMI'A IIAY NATdQNAL 1;S'!'UARY PROG1tAM
1VITROGEN MANAGEII�ENT CONSORTIUM
M1EMIiERS
Edie Araj
Hillsborough Counry
Rob Brown
TAC, Co-chair
Pceer Claek
CAC, Co-chair
Karen Collins-Fleming
Manatce Counry
Michael Connors
Ciry of St. Petersburg
Richard Crarairy
Fiorada Deparunent of Environnaental
Protecdon
Jealia Greene
Tam�ia Bay Regional Planning Council
Brad Ha�t�an
Florida Game & Freshwatea �ish Commission
George Henderson
�lorida IIept. of Ene. &'roteccian/
Florida N7arine Research Institute
Rog�r Aohansson
TAC, Co-ct�air
LiLI1d �LGdVCAsOOd
CAC, Cash�ir '
Ralph Metcalf
Ciry oETampa
To� 2�iilier
Ciry of Cteanvatcr
A.D. Salcm
U.S. Army �orps of Euginecrs
�I�yi12��i-H
0
Rogor Stewut
Hills. Counry Environmental
Protecuon Commission
Jacob Stowers, NMC Co-chair
Pinellas Counry
Charles A. Towsley
Tampa Port Authoriry
Tom Welborn
U.S. EPA - Region IV
Bruce Wirth
Southwest Florida Water Mgmt. District
Bruce DeGrove
Florida Phosphate Council
Ed Rathke
Florida Power & Light Company
Chip Hinton
Florfda Strawberry Growers Assoc.
Phyllis Gilreath
Manatee County Ext. Service
Greg Williams, NMC Co-Chair
IMC - Agrico
I�elody Russo
Cacgill Fertilizer, Inc.
Craig Kovach
CF ]ndustries, Inc.
Quirino Wong
Pakhoed Dry Bulk Terminals
Tom Davis
Eastern Terminals
Cart Garhardstein
CSX Transporfation
GY�'7�A11 ��N
Page 1 of 2
0
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NITROG�N MANAGEMENT CONSORTIUM
CC: Mailing List
Jim Beever
Florida Game and Freshwater
Fish Commission - Punta Gorda
Fred Calder
�l3EP - Tallahassee
Tom Cardinale
EPC Hil(sborou$h County
Dennis �arlton
Hillsborough Covnty
Facm Bareau Board
' Thomas I3. Dyer
The Dyer Group
Patrick Ho
TECO
�{im �Iolland
Anderson & Orcutt,P.A.
Darryl Jogmer
FUEP - Tallahassee
Steven J. Leaman
'Tropicana Pcoducts, Inc.
Sheri I.mvety
�inellas County Sewer Dept.
Jafi,�ut Macrina
S`VdFWMD-SWIIV!
Aon Moores
Pinellas County DEM
Tom Olds
U.S, Fish & Wildlife Service
tdation�l Wctland Invca�tory
S19J1%Z.7-H
�
�:,�,
Jeff Pardue
F►orida Power Corp.
Chris Person
FDEP - Tampa
Chris Tolbert
Pakhoed Dry Bulk Terminals
David Voigts
Florida Power Corp.
Theresa Watley
TECO
EXHIBIT "A"
Page 2 of 2
Goar,s
1, Seagra�s and Nitsogen 1�Ias�agement Goals. Preserve and entiance the Twenty-
Five Thousand Six I�undred (25,GD0) acres of seagrasses existing in Tampa Bay in 1992. Restore
an additional Twelve Thousand Three Hundred Fifty (12,350) acres of seagrass over 19921evels
by preventing cumulative increases in nitrogen loading to major segments of Tampa $ay. Local
Governments shall use reasona�le efforts to prevent cumulative increases in nitrogen loading
beyand the 1942-1994 average. Nitrogen Management Goals based on present pro,jected growth
increases for the years 1995-1994 are depicted in Exhibit "B-i." The remaining amount af
nitrogen reduction contemplated by Exhibit "B-1" shal! be achieved in the manner descrihed in
Section 4.4 of the Agreement.
2.. C�astal Habitat Goals. To resfore to an environmentally functional level in
Tampa Bay a minimum of One Hundred (100) acres of low-salinity tidal marsh every five (5)
years, for a total increase over time of One Thousand Eight Hundred (1,$00) acres. Also, to
preserve and enhance the bay's Eighteen Thausand Eight Hundred (18,80t1) acres of existing
mangrovefsait marsh habitat.
3. �esh�at�e �a�o�v Goals. �'o establish minimum seasonal freshwater inflows for
rive�s i�pour�deti by dams (Hillsborough Ri�er, Manatee River, Braden River, and Palm River)
� �, q-thc-Gaverni�sg
�
4. T�xic C+nnt�minarats. To agree to develop sediment quality goals based on risks
io diie ecosys€em a� to human heaith, and to meet those goais by implementing specific pollutant
reductaon projeets or othec xnanagement actions in drainage basins contributing to areas of the Bay
not currenely meecing sediment quality goals. The applicable time requirements aze as follows:
�a) ��' 12es�t�r�ibil�ti�s. N�P will develop sediment quality goals based on
ris�s ta the ecosyste� and to human health, and will identify locations and
st�urces of coiitaminant� contributing to those areas of the bay not currently
meeting sed:um�nt qualiry goals within one (1) year of the effective date of
the t�geeement.
(b) Local Governcnents' and Age�ncies' �Lesponsibilities. The Parties will
develop speciFc aciions ta reduce sources o;� �ontaminants to thase areas of
the bay ��ot currently meeting sediment quality goals in accordance with
subsectio�i (4)(a) neXt abave, and incorporate those actions into their Action
�'Ians vVithias on� (1) year oP the adoption of the s�diment qu'ality goais by
the I�EP in subsection (4)(�) abov�.
�AI71�11 � &�
s►a�a72.�-�t P�ge I af2
5. Atmospheric Dejwsition Research. EPA, the Counties, FDEP, SWFWMD, and
NEP agree to continue participation in the Tampa Bay Atmospheric Deposition Study to quantify
the role of atmospheric deposition to the Bay's water and sediment quality, and identify sources
of air polludon, and agree to develop specific actions to address identified sources as appropriate
within three (3) years of the effective date of the Agreement.
6. EacteriaH Coniamination: To develop specific actions to address bacterial
contamination %r those swimming areas and shell�sh harvesting areas not currently meeting
health standards within three (3) years of the effective date of the Agreement. It is contemplated
that healch seandards for €his item might be redefined prior to an action plan being adopted.
7. I+�ish and �'i/ildlife. To have the Regulatory Agencies develop specific actions to
ianprove the on-vvacer en�orcement of �shing and enyironmental regulations within two (2) years
of tfie effecYive date of the Agreement.
8. Spill P'revention and Response. �-instatt Installation of a vessel trafiic and
ir►formation system (VTIS) to improve coordination of ship movements along the bay's shipping
�hannel within two (2) years of the effective date of the Agreement.
� . 9. Dredgiseg and Dredge�i Material Management. To cause the Army Corps, in
� cooperation with tocal port authorities, to �facilitate in development of a long-range dredged
rrsac�rial management plan for [he bay that minimizes environmental impacts and maximizes
j b�ree.�'icial uses of dredged material within one (1) year of the Effective Date of this Agreement.
1Q. �'eabf�c EducaiHon ana9 Involae¢ae�a�t. To continue to work together to educate the
public abouE Tampa Bay issues a�ad progress in implementing the CCMP, and to enlist them in
protectian oi �'ampa �ay.
EKHIBIT "B"
3193172.7'}M Page 2 uf 2
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EXH1BTt `&1"
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S�urce of �anai6ng
TAMPA BAY NATYQNAL ES�'UARY PROGRAM
FUNI3ING 'I'.�BLE, FY 97-98
Amount
FEIDERAL:
FY 97-98 EPA funding $ 260,000.00
Type
Clean Water Act,
Section 320
I�ION-�IDEItAi.:
City of Clearwater $�8,406.00 City appropriation
City oi St. Petersburg 20,072.00 City appropriation
City of 7'ampa 23,694.00 City appropriation
3blan�tee County 19,373.00 County appropriation
Pineidas County 44,327.00 County appropr.iaEion
�Iillsborougia County 50,496.00 County appropriation
Alafia d2aver Basin Board 33,2Z3.00 Basin Board appropriation
�[anasoca Basin Board 33,273.00 Basin Board appropriation
%Iillsborough River Ba�in �d�--3;�-7�:89 Bd33.273.00 Basin Board
appropriation
1�lorthwest Hillsborough �,�� B.B�3.273.00 Basin Board
appropriadon
T'inefllas-Anclmte Basin Bd. 33,273.00 Basin Board appropriation
s�93��2.�-N
EXHIBIT "C"
�
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� If to Clearwater:
�
If to St. Petersburg:
City of Clearwater
Post O�ce Box 4748
Clearwater, FL 34618-4748
Attn: City Manager
Telephone No. 813/562-4040
Telecopier No. � 13/562-4052
City of St. Petersburg
One Fourth Street North
St. Petersburg, FL 33701
Attn: Michael Connors, Director
Engineering & Storrr�water Department
Telephone No. 813/893-7295
Telecopier No. 813/892-547b
If Yo Tampa: City of Tampa
306 E. Jackson Street
'fampa, FL 33602
Attn: Ralph Metcalf, Director
Department of Sanitary Sewers
or
ICathy Fry, Asst. �ity Attorney
Telephone No. � 13/274-8108
Telecopier No. 813/274-�448
If to DEP: Florida Department of Environmental Protection
3804 Coconut Palm Drive
Tampa, FL 33619
Atin: Itichazd D. Garrity, Direceor of -Histict District Mgmt.
SW District �
Telephone No. 813/744-6100
T'elecopier No. 813/744-6084
If to Ins4itute: Fiarida Depa�tment of Environmental Protection's
Florida Marine Research Institu¢e
100 - 8th Avenue 5.�.
St. I'etersburg, FL 33701
Attn: Ken Haddad, Chief
TelephoneNo. �13/896-�626
Telecapier No. 813/�23-0166
SI4JI72.7-H
EXHIBIT "D"
Page 1 of 3
�
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If to Game and Fish Commission:
�f to H'illsborough:
Florida Game and Fresh Water Fish Commission
620 S. Meridian 3treet
Tallahassee, FL 32399-1600
Attn: �radtey J. Hartman, Director
Office of Envieonmental Services
Telephone No. 850/488-6661
'Telecopier No. 850/922-Sf 79
Hillsborough Couniy
60I E. Kennedy IIlvd.
Public Warks Department
Tampa, FL 33601
Attn: Elie Araj
Telephane No. 813/272-5912
Telecopier No. 813/272-6458
.�
«g
If to EPC: Environmental Protection Commission of
lriillsborough �ounty
1900 - 9th Avenue
Tampa, FL 33605
f�.ttn: Roger S4ewart, Executive Director
Telephone No. � 13/272-5960
Telecopier No. �13/272-5157
If to Ivlanatee:
If to I'ineP��:
slgiitiz.7-H
Manatee County
1112 Manatee Avenue West, Suite 920
Bradenton, FL 34205
Attn: Ernie Padgett, County Administrator
Telephone No. 941/745-3717
Telecopier IVo. 941/745-3790
Pinellas County
31 S Court Street,lRoom 601
Ctearwater, FL 34616
.ht4n: Fred A/iarquis, County Administrator
Telephone No. 813I464-3485
7felecopier No. 813/464-4384
EXHIBIT "D"
Page 2 of 3
�
� Ifto SWFWIvg};
Southwest Florida Water Management District
2379 Broad Strset
Brooksville, FL 34609
Attn: E.D. Vergara, Executive Director
Telephone No. 352/746-721 I
Tzlecopier No. 352/754-6874
If to NEP; Tampa Bay Maiional Estuary Program
111 - 7th Avenue South
Si, Petersburg, FL 33701
Attn: 12ichard Eckenrod, Executive Director
Telephone No. 813/893-2765
Telecopier No. 813/893-2767
If to l�art A�aihoriEy: Tampa Port Authority
Post Office Box 2192
Tampa, FL 33601
Attn: Robert Steiner, Port Director
Telephone No. 813/272-0542
Telecopier No. 813/272-0575
If to T��'C; Tampa Bay itegionai Planning Council
9455 Koger �lvd., Suite 219
3t. Pe4ersburg, FL 33702
Attn: Julia Greene, Executive Director
Telephone No. 813/577-5151
Telecopier No. 813/570-8118
Iito l�rmy �orps: United States Army Corps of Engineers
Post �ffice Box 4790
Jacksonville, FL 32232
Attn; Col. Joe R. lY�iller, District Engineee
, Tetephane 1do. 904/232-2241
Teiecopier ATo. 904/232-1213
If to EPA, Unite�i States Environmental Protection Agency
61 �'orsyth Street, S.W.
Atlantat GA 30303
Aitn; John Hankinson, Regional Administrator
Telephone No. 404/562-8350
Telecopier Mo. 404/562-8340
EXHIBIT "D"
��4�1�z•�-N Page3 of3
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S#93172.7-$ �.
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EXHIBIT "e4,'�
Page # af 2
-FOfiTER 3-
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-FUOT�It 4-
E�ilk3i'� ��A��
�'age � of Z
-F�?()TEIt 5-
Fua4er 73iscontinued
-F'(3f9TER 6-
�X�IiBY7C "B"
Pag� # of 2
-FQt7�T�R 7-
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-�CiUT]ER 8�
Footer i3iscontinued
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�XHIBIT "D"
Page 4 of 3
� This redtined draft, generated by CompareRite - The Instant Redliner, shows the dif%rences between
original document : F:CDMS�FtI-iAR.R.DIR\0093172,07F
and revised document: F:1DMS�RHARR.DIR\0093172.07H
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Deletaons appear as struck-through text
Additions appear ns underlined text
EXHIBIT "D"
si�»�2.�-t+ Page 5 of 3
>:
� City of Crearwater
" Pcopvsed �ive-Yea� Action Plan
October 27, 1997
WATER 8a S�DIIVIENT QUALITY
COAL: 1t-falntai�r or sl�ghefyreduce exislang nitrogen laadrngslo Tampa Bay
To resch 69�� 1'P3NEP adopttd gosl to "hold the lind' on nitrogen loa�ng to the bay, on August
23, 199f i`h� City of CleaTwwatu adopted � nitrogen r�duction or prcdusion goal of 0.2 tons/year
(4001bs./y��.
�. � CSt�►► ojG7eana�ater p�oposcs !o address thJs goaJ by iniplen►endng tJre joJloss�dng actJons:
�ro�est A1ame: Del Oro Phase I
�'seajdct DescripRio�r: s�ormwater r�trofit
��tion (drainage basi�): i?ld Tampa Bay
IHHP��6iiCii�.YiQt�i'� sS,�1�fl9�C: �1Dras� I cons4ruciion is compfete
IaEc�ii6ot�d a� Caeenp9etio�e: �i'igh
kl��+ ��s��sccs9: Caiy
A�a��s ts�eeated: 6? acres
��� aa��,s ia��.aieafs residc�t�al
Estaa�vt� r�srr�nt S��d: 604lbsfyr
`��atrm�ea� �ret6od: W�t Pmnd
Pes��ent'�'rd reinov�t 27%
��a�ee� �t �¢�ovedo 163fbs/y�
��je�t ��e�a�: �opers Point Itestoration
�e°�t��e� �D�eript�om: Habetat e�storation on the shore of Old Tampa Bay. I�emoval of exotic
v�getation iae an ar� schedulsd �'or devetopment as a passive park.
Y,osamti�en (de°�bnagc basis�). �Id ?ampa �ay
gmmpte��mtatfiom Sel�sde�� �p�rty paarchased, improvements under eonstruction
I,e��ioead of%e��p�et���at �'a�ta
�s►e� �"�n�nr.edt do's�t �atyl�unty+
�r.r�s fx�i�dt �? �x�
I.��s� ms� �at�de Ua�d�e�saped
��im�t�d cue�r�t lu�d.
�fine�t aaa�Eb�ds
F+e��t �t �n�v�l:
t#�nua6 � rccnowedls ]Pre�l�sion of additional laading from residential land use (3i acres x
�4.s���'��r - �.is t����)_ �xs ��yr
�'r�js.c.� �T���: A11t�s.s Creek R.ehabilitation at lLake �ew and Hercutcs (Red Maple SwamP)
Praa,��i H��s�g���s�: �Iabiiat #aoodptain eestoration and stormwater treatment
� r,oc��EOn da,�s����e ����: liYd �'ampa Bay
Impteaacntatio�a Schcdcele: �4'/. design phase complete
r Likelihoad of Co�glct:an: H",gh
How fina�ccds lami CityiCawnt�/SWFWNID
Acrss trestafe i,12b
Wad n:es treateds R�sidr,nd�VCammeraal
£st3mstr.d rurrez�! t�adt 1�l,bbg i�s/yt
Trcatmeat method: i�Vet Pond
�erceat Tid ce�aov�L• 1.3%
Annual TN eemovcd; 191 Ibslyr
� projccB Name: Stormwater Reinspection
Trojcct Description: Restore t�eatment capaciry to 100% ePficiency in seven coastal basins:
Allens Creek, A1ligator Creek, Ivlullet Creek, Bishop Creek, Possum Branch, and Coastal Zone
Basin #2 and #3. Reinspection program included inspection of 175 individual treatment facilities
for commercia! and residential developments.
i.oca4ion (dr�ina�� bASin): Old Tampa Bay
Impicsnsntaiion 3chgduls: Completed
Y.i�e�ite�d �t Cot�aptetban: Higjt
�ow fenanced: City
.�ca�es trtated:
g,��d �� ��at�d; ResidentiaUCommercial
I����e� c�ea°��r�t lo�de 939 lbslyr
'fre�imeesi �ethodr Deiention/V4let Pond
�ercent TN removala 25°/Q
Annual °IN reenoved: 258 Dbs/yr (recovery of 205,610 cubic feet of treatment volume &om 175
treatment fac�iities. Recovered ereatment volume multiplied by 40 events annually of 0.6 inches
or greater rainfall, assum'sng 4.�3 EnP,�'d� of runoff N-concentration and a 25% treatment
eriicder'�cyr).
� p��,�g g���e; �evelopment and implementation of a City-wide plan for expansion of reclaimed
f water s�ice
��������; C��arwa4er is currently developing a city-wide plan for its reclaimed water system
�hi�g, v�li uitun�tely redirect ail of the 16.1 mgd discharge caarrently entering Tampa Bay to
Arrigation.
Ia�ple�a���tio�e sc6ed�ales Plan c�mpleted by 7/9�.
�ow t"��czdz Joini City/SW�
����q� �u��¢ �mada 16.1 Brs,�d x 3 mg/I = 73.5 tons/yr
Trexi�ae�t a�set6odss Reuse af en4ue volume
Pertent e�ov�D �TT�s 95%
� ���d �u�ciioa/yr; 1.1 tons�/yr ��`(assuming �ull ��1g �d �plementation of 0.25 mgd
servac,� by 2�D2j.
pa.oa�t ATura�s; improve business nnd homeows�ee opportunities for hazardous waste disposal
�,��.�,�yg�oo� �Jearvvater is coord�nating �+ith PineUus Count�r in conducting AmnestY Days.
�j�sger is ttlso ie�plemenfing stortnwater ireatment at their solid waste transfer statioq which
t 'a
will capgure �nd t�eat waste leachate &om garbage trucks.
F`, �mptcan�mt��6oca s�hedulc: Planning completal by 1l98. Construction completed by 1/99.
• �I�:v �'i�a�n��de �iiy
�,�,L: �educe bacterial conlmnination irr impacted areas oJlhe bay to levels safe for
swimming arul shel�sh hmvesling.
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