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89-06 v 1 RESOLUTION NO. 89-6 WHEREAS , the Cities of Atlantic Beach, Jacksonville Beach and Neptune Beach have expended large sums of money, time and effort through an Interlocal Agreement on the construction of improvements to their sewer system to eliminate discharging effluent into the Intercoastal Waterways; and WHEREAS , the Federal Government and State of Florida have in the past placed moratoriums in each city for any additional connections to the sewer systems until improvements were made for wastewater treatment at great expense; and WHEREAS , the three communities are diligently working to improve the environment and thus the quality of life in them; and WHEREAS , there is pending before the United States Environmental Protection Agency, application for permit to construct and operate shrimp and calico scallop processing facility on property located in our community which would discharge effluent into the Intercoastal Waterways that would have a "high probability of being toxic" , thus creating pollution and noxious conditions and odors in our communities; and WHEREAS, one of the fundamental rights in a democracy is the right to petition our government for redress and to exercise the right that all political power is inherent in the people and no person has the right to exercise any power depriving another of their constitutional rights ; and NOW THEREFORE BE IT RESOLVED by the City Commission of Atlantic Beach as follows: 1 Section 1. The City Commission on behalf of the citizens of this community does hereby oppose the issuance of permit to Lambert Seafood Company to construct and operate a shrimp and scallop processing plant at the location described in application for National Pollutant Discharge Elimination System (NPDES) Permit No. FL0040576 or at any other location in our community and in support of our objection give the following reasons: a. noxious conditions and odors b. visual pollution c. pollution of our waters d. detraction from our quality of life e. incursion into the rights of local government, which is the cornerstone of American democracy. f. wasteload allocations approved by DER and EPA indicate no new source may be added at proposed site. Section 2 . That the mayor-commissioner, all city officials, and residents of the city make known to federal, state and local government officials their objections to granting of a permit to process shrimp and scallops at any plant to be located in our community and in particular at the location described in the above permit. Section 3 . That a copy of this Resolution be forwarded to city officials in Jacksonville , the Beaches , Legislative delegation and congressional delegation requesting their assistance in prohibiting this attempted usurpation of local 2 communities. This Resolution adopted at meeting of City Commission this 23rd day of January, 1989 . / If ATTEST: --721/4 Nor en King . I. G 11i1;; , Jr. City Clerk Mayor-Commissioner Approved as to form and content: Claude L. Mullis City Attorney 3