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File #: 2021-0345    Version: 1 Name:
Type: Action Item Status: Passed
File created: 9/21/2021 In control: Board of Port Commissioners
On agenda: 10/12/2021 Final action: 10/12/2021
Title: ORDINANCE AMENDING SECTION 4.14 OF THE SAN DIEGO UNIFIED PORT DISTRICT CODE, REGULATION OF IN-WATER HULL CLEANING, TO IMPLEMENT A MANDATORY PAUSE OF IN-WATER HULL CLEANING OF VESSELS WITH COPPER-BASED ANTIFOULING PAINT IN SHELTER ISLAND YACHT BASIN STARTING DECEMBER 19, 2021, AND CONTINUING THROUGH FEBRUARY 9, 2022
Attachments: 1. 15. 2021-0345 Attachment A, 2. 15. 2021-0345 Attachment B, 3. 15. 2021-0345 Attachment C, 4. 15. 2021-0345 Draft Ordinance, 5. Memo re: Shelter Island Yacht Basin Water Quality - Posted 10-11-21
DATE: October 12, 2021

SUBJECT:

Title
ORDINANCE AMENDING SECTION 4.14 OF THE SAN DIEGO UNIFIED PORT DISTRICT CODE, REGULATION OF IN-WATER HULL CLEANING, TO IMPLEMENT A MANDATORY PAUSE OF IN-WATER HULL CLEANING OF VESSELS WITH COPPER-BASED ANTIFOULING PAINT IN SHELTER ISLAND YACHT BASIN STARTING DECEMBER 19, 2021, AND CONTINUING THROUGH FEBRUARY 9, 2022
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EXECUTIVE SUMMARY:

For this item District staff recommends that the Board of Port Commissioners (Board) adopt an amendment to District Code Section 4.14 Regulation of In-Water Hull Cleaning (Draft Ordinance Amendment) that would temporarily pause in-water hull cleaning of vessels with copper-based antifouling paint in the Shelter Island Yacht Basin (SIYB) for an approximately eight-week period. This item is being brought forward pursuant to direction from the Board during the September 14, 2021 Board meeting. A draft of the Board presentation is included as Attachment A. The September 2021 Board Meeting agenda sheet which contains important background information on the recommend Draft Ordinance Amendment is included as Attachment B. The Draft Ordinance Amendment is included as Attachment C.

In 2005, the San Diego Regional Water Quality Control Board (Regional Board) set a Dissolved Copper Total Maximum Daily Load (TMDL) for the SIYB based on dissolved copper levels in SIYB exceeding water quality objectives. While efforts to reduce copper loading into the basin have had some success, annual water quality testing shows that dissolved copper concentrations remain elevated above the 3.1 ?g/L water quality objective in SIYB. In-water hull cleaning has been identified as a likely source of the elevated levels of dissolved copper in SIYB and modeling suggests that inputs of copper from in-water hull cleaning may be greater than the loading originally identified in the TMDL.

At the September 2021 Board meeting, District staff provided an informational presentation about an In-Water Hull Cleaning Pause ...

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