§ 12-140. Findings of fact and declarations of policy.

(a)

The drilling of oil wells, oil production, transport of oil, and other activities associated with oil are ultra-hazardous activities for which there is an absolute duty to prevent oil from escaping containment into the environment.

(b)

Oil leaks and spills kill, injure, or otherwise harm marine and terrestrial biota, including human beings, through physical contact, ingestion, or inhalation of fumes. Oil hydrocarbons contain several known and suspected carcinogens.

(c)

Oil leaks and spills damage and reduce the value of public and private coastal properties.

(d)

Oil leaks and spills threaten the financial well-being of those citizens that derive their income and livelihood from Monroe County's waters, beaches and other coastal environs, including those businesses that cater to tourists seeking to enjoy those natural environs.

(e)

Safeguarding the life and property of the citizenry is an inherent responsibility of the Board of County Commissioners of Monroe County, Florida.

(f)

The need for prompt response to the discharge of oil requires that such incidents be promptly reported to emergency authorities.

(g)

Responses to the discharge of oil result in public expenditures that should properly be reimbursed by the parties responsible for them.

(h)

The existing authority and mechanisms for collection of costs incurred by the public in response to the discharge of oil do not adequately provide for the proper reimbursement to the public for such costs.

(i)

Monroe County has authority under F.S. § 125.01(1) and F.S. § 125.66 to create any ordinance not inconsistent with general or special law.

(j)

The Board of County Commissioners of Monroe County, Florida finds that the discharge of oil threatening and possibly constituting a natural disaster for Monroe County within the time before the next commission meeting warrants the declaration of an emergency and the immediate adoption of this ordinance on this 19 ^th day of May, 2010 by unanimous approval of the board to waive notice requirements for a public hearing, as authorized by F.S. § 125.66(3).

(k)

33 U.S.C. § 2718 of the Oil Pollution Act of 1990, and F.S. § 376.19 of the Pollution Discharge Prevention and Control Act, both expressly allow for the exercise of local authority to supplement federal and state law, respectively, with regard to regulation of the discharge of oil or other pollution by oil or removal activities in connection with such a discharge. Accordingly, it is the intent of the board to provide an addition mechanism for regulation of oil pollution or other pollution by oil and for recovery of costs, expenses, and fees related to removal or remediation in connection with such a discharge of oil.

( Ord. No. 014-2010, § 1 )