florida cabinet extends 30-year no-bid land

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March 2013

Volume 35, Number 3

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DepartmentsCalendar 11Classifieds 15Federal File 2Florida Notes 3Water Watch 4

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Impact of pollution 6The U.S. Environmental Protection Agency has

released its latest Toxics Release Inventory withdata from 2011.

Feasibility testing tool 7The In-Situ Microcosm Array is a recently de-

veloped unique alternative to conventional field pi-lot testing.

Jax contamination 8City of Jacksonville officials want investors who

bought property once used to manufacture gas forstreetlights and home use to help pay for cleaningup its coal tar contamination.

Springs goes public 9State environmental officials are hoping to

breathe new life into Silver Springs’ future by turn-ing the attraction into a state park later this year.

Legislative preview 10Long-time Tallahassee attorney Bill Preston

shares his thoughts about the 2013 legislative ses-sion now underway.

Infrastructure matters 15Infrastructure that efficiently stores, imports or

extracts water from aquifers makes a huge differ-ence in U.S. urban areas’ vulnerability to watershortages.

Photo by Kevan Loller

Dr. Kimberly Ritchie, senior scientist with Mote Marine Laboratory, and Dr.Billy Causey, Southeast National Marine Sanctuaries manager, collect coral lar-vae for toxicity testing of oil and oil dispersants. Their study conclusions mightsurprise you. See story on 4.

SouthSouthMay 9-10, 2013Ft. LFt. LFt. LFt. LFt. LauderdaleauderdaleauderdaleauderdaleauderdaleSee Page 6 for details

Florida Cabinet extends 30-year no-bid landleases to Big SugarBy SUSAN TELFORDBy SUSAN TELFORDBy SUSAN TELFORDBy SUSAN TELFORDBy SUSAN TELFORD

B y unanimous vote, the FloridaCabinet agreed to extend no-bid land leases for 30 years on

13,000 acres of state-owned land cur-rently used by Florida Crystals and A.Duda and Sons.

In exchange, the companies haveagreed to sell parcels of land that theSouth Florida Water Management Dis-trict needs for Everglades restoration.

Over the objections of environmen-tal groups that urged the panel to ap-prove shorter terms for the leases, Gov.Rick Scott, Attorney General PamBondi, Agricultural CommissionerAdam Putnam and Chief Financial Of-ficer Jeff Atwater agreed with the stateDepartment of Environmental Protec-tion and SFWMD’s recommendation tosupport the deal.

Under the terms of the agreement,the district would pay Duda $1.9 mil-lion for 638 acres of land in GladesCounty. This parcel is needed to restoreLake Hicpochee.

Priced at 56 percent below the ap-praised value, the land seems like a gooddeal. However, the district will have topay the full price of $16.9 million if itdecides to buy the adjoining 2,489 acresin the future.

The other deal is to swap a portionof the 27,000 acres of land the districtpurchased from U.S. Sugar in 2010 for4,700 acres the district needs for anotherrestoration project. The owners of the4,700 acres, Florida Crystals, also want30-year no-bid leases from the state.

SFWMD Executive Director Mel-issa Meeker said that extending theleases on state land is part of the Ever-glades restoration effort and is criticalto ongoing negotiations between thedistrict and the companies owning tracts

bordering the Everglades.Meeker told cabinet members that

those tracts are needed for “shovel-ready” projects on parcels adjacent tostate-owned lands that impact the Ever-glades and the Caloosahatchee River.

The leases will allow the state to ne-gotiate with each tract owner for theproperty it wants to buy. Many of theparcels are being purchased for half oftheir appraised value, which the districtconsiders a good deal considering that

it has little money to spend for addi-tional land purchases.

It is not so much the land leases thatenvironmental groups oppose; it’s thelength of the leases that make them ques-tion the wisdom of the state. They be-lieve that the agreements will tie thehands of state officials as the decades-long Everglades restoration effort con-

LEASESContinued on Page 12

Scott’s budget proposal for environmentalfunding emphasizes water resources

By PRAKASH GANDHIBy PRAKASH GANDHIBy PRAKASH GANDHIBy PRAKASH GANDHIBy PRAKASH GANDHI

Florida Gov. Rick Scott has pro-posed a budget with more thana billion dollars for the environ-

ment in Florida with a strong emphasison restoration projects in the Evergladesand water quality improvements.

His proposed $1.2 billion budgetplaces a priority on projects that pro-tect and renew the state’s water re-sources.

Scott doubled the amount of moneyto be spent on Everglades restorationlast year. The plan builds upon a $1.8billion investment in Everglades waterquality improvements.

He earmarked $60 million to fundhis Everglades water quality plan andto continue funding for the Comprehen-sive Everglades Restoration Plan.

The budget includes design, engi-neering and construction of flood con-trol projects to enhance water qualityand ensure a reliable water supply forsouthern Floridians.

Scott also earmarked $269.5 million

for restoring waterways and water sup-ply. The budget includes an increase of$6.5 million for springs restoration andfunding for wastewater treatment facil-ity construction, drinking water facilityconstruction and water quality planning.

In addition, he proposed $135 mil-lion for the petroleum cleanup program,and $75 million for the Florida Foreverprogram.

His budget recommended $50 mil-lion in budget authority from the pro-ceeds of the sale of surplus state landsand an additional $25 million from thegeneral revenue to buy land needed forsprings restoration, military buffering orwater resource protection.

Another $25 million is being pro-posed for beach erosion control to helplocal governments with beach and dunerestoration, beach nourishment, inletsand bypassing and regional sedimentmanagement.

Scott’s proposed budget has drawn

BUDGETContinued on Page 13

MFLs for NW Florida waters to be established afteryears of delaysBy ROBy ROBy ROBy ROBy ROY LY LY LY LY LAUGHLINAUGHLINAUGHLINAUGHLINAUGHLIN

T he Northwest Florida WaterManagement District will be-gin in its next budget year to

collect data and undertake the techni-cal analysis needed to set minimumflows and levels for some Panhandlesprings and rivers.

This commitment reverses a de-cades-old district practice of avoidingthe deadlines under 373.042(2), FloridaStatutes.

The Florida Legislature passed itsfirst law requiring MFL rules in 1972and has amended it periodically since.That law required the state’s water man-agement districts to set minimum flowsand levels as a conservation and man-agement practice.

Lauren Engel, a spokeswoman forthe Northwest district, wrote in an e-mailresponding to questions about this is-sue that district personnel have identi-fied 18 springs and rivers in their juris-diction that under law should be sub-ject to MFL rulemaking.

The district currently has no MFLrules on the books but is currently com-mitted to establishing MFLs for sevenof the 18 springs and rivers during thenext 15 years.

In early February, the district’s gov-

erning board appropriated $260,000 tobegin implementation of enhanced hy-drologic data monitoring and servicescritical to the development of MFLs, aswell as district-wide hydrologic datacollection.

In addition, the district’s proposedfiscal year 2013-2014 budget includesapproximately $1.3 million for MFL

MFLContinued on Page 14

Florida Specifier2 March 2013

FEDFILESContinued on Page 12

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EPA releases 2012 enforcement and compliance report claiming significantenvironmental, health protectionsStaff reporStaff reporStaff reporStaff reporStaff reporttttt

In 2012, the U.S. Environmental Pro-tection Agency conducted enforcement andcompliance actions that reduced pollutantloads to air, water and land by 2.2 billionpounds; hazardous wastes reductionequaled 4.4 billion pounds; and the agencyobtained $252 million in civil and crimi-nal penalties.

The agency prioritizes enforcementaction in several categories. First on its listwas “sustained and focused enforcementattention on serious violators of cleandrinking water standards.” They reported

a 60 percent decline in serious breaches ofdrinking water standards by public waterutilities.

Combined sewer systems that mayoverflow from excess stormwater and re-lease sewage to surface waters was the sec-ond area of focus. EPA reports progresscollaborating with local utilities to adoptgreen infrastructure that is affordable andprovides multiple benefits.

The agency noted that it will bringcriminal prosecution against polluters thatthreaten the public health when they don’t

use required pollution control, willfullyviolate pollution control rules or falsifyinformation with consequences thatthreaten public health or result in death orserious harm.

EPA also reported an increasing em-phasis on facilities that emit air pollu-tion and are required to monitor andreport emission data to the pub-lic.

The agency allocated anadditional $44 million fromsettlements to support envi-ronmental projects that benefit“impacted communities.”

They characterized this ef-fort as part of a larger envi-ronmental justice effort.

EPA has made a specialeffort to make compliance re-sults available to the public inthe hopes that public account-ability will increase compli-ance. Using a web browser, any interestedperson can view compliance efforts by geo-graphical location, or by the type of emis-sion, energy extraction or hazardous chemi-cals.

The data are also summarized by re-gion. EPA Region 4, which includes Floridaand seven other southeastern states, initi-ated 492 enforcement and compliance ac-tions and has settled 482 of them in the pastyear.

In Region 4, 1.7 billion pounds of pol-lution has been reduced, treated or elimi-nated. In addition, 192,000 pounds of haz-ardous waste was treated, minimized orproperly disposed of. Plus, nearly 45 mil-lion cubic yards of contaminated soil andwater will be cleaned up as a result of en-forcement actions.

As substantial as the 2012 results seemto be, they do not include some large re-cent compliance judgments against BP forthe Deepwater Horizon oil spill.

The complete results are available on-line at http://www.epa.gov/enforcement/index.html

Risk assessments for householdchemical. The EPA moved into unchartedterritory when it recently released draft riskassessments—under the Toxic SubstancesControl Act work plan—for five chemicalscommonly used in household products.

The purpose of the action is to identifyfor future assessment chemicals that couldhave adverse impacts on the environmentand human health.

The five assessments cover the follow-ing: methylene chloride; dichloromethane(DCM) and n-methylpyrrolidone (NMP),used in paint stripping products; trichloro-ethylene (TCE), used as a degreaser andaerosol-applied protective coating; anti-mony trioxide (ATO), a flame retardantused along with halogenated chemicals;and 1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta (gamma)-2-benzo-pyran (HHCB), a fragrance used in com-mercial and personal care products.

The draft risk assessments for DCM,NMP and TCE reflect potential concern forhuman health, under specific exposure sce-narios for particular uses. For the other twochemicals, ATO and HHCB, the risk as-sessment reflects a low concern for eco-logical health.

For the first three, those judged to havesome potential risk to human health, theEPA is recommending that the public fol-low label directions and use commercialproducts containing them outside, or withgood ventilation, or with protective equip-ment that significantly reduces human ex-posure.

The draft assessments will first be openfor public comment, followed by indepen-dent, scientific peer review. The publiccomment period will end the first week ofMarch.

The agency hopes to begin final ruledevelopment in the fall. Final rules will fo-cus on human health or ecological hazardssubject to regulation under TSCA.

In 2012, EPA also initiated assessments

for two additional chemicals, both chlori-nated paraffins. These assessments will bereleased when they are completed.

On June 1, 2012, EPA also released alist of 18 additional chemicals that wereadded to the ongoing assessment work planin 2013–2014.

Fine particle pollution outreach. InDecember, EPA updated its national

air quality standards for fine par-ticulates, those in the 2.5 micronsize class, PM2.5. The newstandard is 12 micrograms percubic meter. The former stan-dard was promulgated in 1997and most areas in the countrymeet those standards.

In January, EPA an-nounced its PM Advance pro-gram to assist local authoritiesand communities that nowmeet the 1997 standard tocontinue to meet the most re-cently established ones.

The agency said that its new program,which is voluntary, will supply technicaladvice and other support and outreach in-formation, noting that its technical expertscan suggest compliance strategies thatmake sense for given areas and are cost-effective.

More information is available at http://epa.gov/ozonepmadvance/.

EPA award for Tallahassee. The cityof Tallahassee’s Underground Utilities wona prestigious EPA Consumer ConfidenceReport Excellence Award. Annually, theagency gives these awards to recognizewater systems with exemplary consumerconfidence reports.

EPA, in cooperation with the FloridaDepartment of Environmental Protection,requires public drinking water suppliers toprepare an annual drinking water qualityreport and disseminate it to customers. Thereport includes general reporting require-ments, such as the source of the drinkingwater, possible susceptibility to contami-nation, identification of contamination andpossible health effects, and educationalinformation about substances ubiquitouslypresent but sometimes harmful such as ni-trate, arsenic or lead.

Excellence awards are given to utilitiesin six categories that are broken into large,medium and small groundwater systems,and large, medium and small surface wa-ter systems. Tallahassee received the ex-cellence award in the large undergroundutilities category. It was the only publicdrinking water utility in Florida to receiveany award through this program.

Good news, bad news on fracking. By2030, the U.S. may be substantially self-sufficient in fossil fuel energy production,according to the new report “Global Trends2030: Alternative Worlds,” a publicationof the National Intelligence Council.

The report said it is possible that theavailability of shale oil will help make thecountry not only self-sufficient, but able toproduce oil for $44-68 per barrel. The re-port noted that by 2020, 5 to 15 millionbarrels per day of shale oil might be avail-able.

During the past five years, shale gasproduction, made economically viable byhorizontal drilling and high pressure frack-ing in shale formations, has increased U.S.natural gas production by 50 percent peryear and is poised to turn the country intoa natural gas exporter.

Using conventional oil extraction meth-ods, global oil supplies might increase onepercent per year, according to the report.But by using new extraction technologies,U.S. shale oil production will be multiplesof that one percent value.

All that is the good news. Its contribu-tion to climate change is the bad news.

Increasing emissions of CO2 into theatmosphere will accelerate climate change.And drought, which limits the amount of

March 2013Florida Specifier 3

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P.O. Box 2175Goldenrod, FL 32733Phone: (407) 671-7777Fax: (407) [email protected]

MICHAEL R. EASTMANPublisher/Editor

[email protected]

Support services provided byOSS

Orlando, FL

Contributing writers and columnists

PRAKASH GANDHISenior Environmental Correspondent

Orlando, FL

BLANCHE HARDY, PGEnvironmental Correspondent

Sanford, FL

ROY LAUGHLINEnvironmental Correspondent

Rockledge, FL

DAN MILLOTTEnvironmental Correspondent

Miami, FL

WILLIAM D. PRESTONPresident

William D. Preston PATallahassee, FL

SUSAN TELFORDEnvironmental Correspondent

Jupiter, FL

Appeals court denies Seminole Tribe attempt to blockFPL power plantStaff reporStaff reporStaff reporStaff reporStaff reporttttt

A Florida appeals court has denied asecond attempt by the Seminole Tribe ofFlorida to quash a Hendry County ordi-nance that would allow Florida Power &Light to build a power-generating plant onover three thousand acres near its reserva-tion.

FPL’s proposed natural gas plant andsolar energy farm would generate 3,750megawatts of electricity.

The tribe, along with several environ-mental advocacy groups, has other appealsstill pending.

They argued that Hendry County com-missioners’ unanimous vote to adopt theordinance—rezoning the land from agri-cultural to planned unit development—vio-lated their own land development code.

The tribe also cited concern over theplant’s impact on the ecosystem, water andwildlife.

The tribe, the Sierra Club, the Conser-vancy of Southwest Florida and the SouthFlorida Wildlands Association oppose theplant.

The groups question the proposedplant’s impact on air quality and water con-sumption, noting it would require up to 7.5million gallons of water daily to cool eachof its three units.

Miramar waste. A circuit court judgesided with start-up solid waste companySun Bergeron, ruling that it legitimatelywon the city of Miramar’s trash disposalbid.

The ruling paves the way for other cit-ies to join Miramar’s contract.

The city and Sun Bergeron landed incourt when Miramar became the first cityin Broward County to hire a new solidwaste disposal company in July.

The deal effectively broke up Wheel-abrator Technology’s 25-year hold on gar-bage disposal within the county.

Wheelabrator claimed that the city’s bidprocess favored Sun Bergeron by givingthe company a second chance to lower itsinitial bid for the contract.

But Judge Jack Tuter said that in ac-cordance with the state’s Sunshine Laws,the city gave both companies an equal op-portunity to negotiate a lower price for thecontract.

Wheelabrator also claimed that SunBergeron was not qualified to meet thedemands of the trash disposal contract, andhad neither the experience nor the properfacilities to dispose of the trash.

Judge Tuter said there was no evidencesuggesting Sun Bergeron could not fulfillthe requirements of the contract.

Miramar said the new contract will gointo effect in July.

Pilot recycling in Wellington. A newpilot recycling program in the village ofWellington, Recycling On the Go, will pro-vide citizens with a chance to recycle whileenjoying some of the county’s public rec-reational spaces.

New bins are being supplied free ofcharge to the village. The blue metal binshave neon green tops that illustrate whatrefuse is acceptable for recycling.

The bins also have round cut-outs onthe top. Recycling bins and regular trashbins are located close together so the pub-lic won’t be tempted to throw all their trashin one bin or the other.

Wellington officials said residents al-ready do an excellent job with the village’sresidential curbside recycling program.

Wellington is the first community inPalm Beach County to earn the title of GoldCertified Green Local Government. Thedesignation is given by the Florida GreenBuilding Coalition to cities and countiesthat make “going green” a part of doingbusiness.

Orlando solar. The city of Orlando hasinstalled solar panels on the roof of theirFleet Management Division building.

The solar project is part of Green WorksOrlando, the city’s sustainability initiativeto engage everyone who lives, works and

visits Central Florida in the effort to begreener.

A total of 1,392 solar panels are beinginstalled in the three-array system whichcovers about 50,000 square feet.

The 417-kilo-watt solar arraywill save the cityan estimated$800,000 in en-ergy costs over its25-year life-span.

In total, theproject will generate enough energy topower about 43 average Orlando homesand offset emissions equivalent to plant-ing 2,400 trees.

People in the news. Pavese Law FirmPartner Katherine R. English has been ap-pointed to the Florida Farm Bureau’s Wa-ter and Natural Resources Advisory Com-mittee. English focuses her practice on en-vironmental and agricultural law, and hasextensive agricultural experience.

James Getting, PE, has joined theFlorida operations of SCS Engineers as aproject director. He will be responsible forassisting SCS clients in the Southeast withlandfill gas management and other solid

waste management needs. He has morethan 30 years of experience in the landfillgas industry.

Kevin Wright, PE, a professional engi-neer at the Suwannee River Water Man-agement District, is one of 13 young engi-neers across the nation nominated by the

American Society of Agricultural andBiological Engineers for the Na-tional Engineers Week Foundation

New Faces of Engineering2013. Wright is the firstASABE candidate to be se-lected in the top five twice.

Company news. Con-sulting and engineering firmMcKim & Creed has expandedits water resources service port-folio through the acquisition of

Infratec Consultants Inc. basedin Atlanta, GA. McKim & Creed

has seven offices throughout Florida.Global consulting, design and construc-

tion services firm Golder Associates hasstrengthened its environmental servicesportfolio and its design-build capabilitiesthrough the acquisition of InterGEO Ser-vices Inc., based in Trevose, PA. Inter-Geois a geo-environmental contractor servingthe waste management, power, oil and gas,transportation, and mining industries.


WATCHContinued on Page 5

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Florida Keys underwater laboratory gets second life, courtesy of FIUStaff reporStaff reporStaff reporStaff reporStaff reporttttt

An underwater laboratory, now oper-ated by the U.S. government but facingeminent demise due to budget cuts, got newlife when Florida International Universityagreed to take over the aging facility.

The 81-ton yellow pressurized steeltube lab is anchored 60 feet below surfacenext to a Key Largo coral reef. The lab,

dubbed Aquarius, is the last known under-water research lab in the world.

When it was learned that federal bud-get cuts could spell the end for the lab,FIU’s School of Environment, Arts andSociety Executive Director Mike Heithaussaw a great opportunity.

He recognized that work the school isnow conducting fits in well with the re-search possibilities offered by the lab.

Last year when the National Oceanicand Atmospheric Administration signaledplans to scuttle the lab, a firestorm of pro-tests came from the scientific and politicalcommunity. NOAA awarded FIU a$600,000 six-month grant to cover basicmaintenance of the facility.

To continue the lab’s operation. FIU hasto come up with a business plan incorpo-rating financial support from other govern-ment agencies, private industry and groups,and other universities.

Waldo wastewater. A January start ona new $5.3 million wastewater system willallow the city ofWaldo to decom-mission its cur-rent treatmentplant and con-struct a newpump station andforce main to in-terconnect withGainesville Regional Utilities to providetreatment of the city’s wastewater.

The current plant, constructed in 1985,is now operating under a Florida Depart-ment of Environmental Protection permitthat allows the city to discharge treated ef-fluent to surface waters via three con-structed on-site wetland cells. The efflu-ent then flows into natural wetlands, even-tually discharging into the Santa Fe River.

The DEP issued a consent order to theold plant due to nutrient, toxicity and sur-face water quality issues. This promptedthe city to secure a $2.5 million U.S. De-partment of Agriculture loan and a $2.8million grant to construct a master pumpstation and a 10.5-mile pipeline along StateRoad 24 to connect with Gainesville Re-gional Utilities.

According to Waldo Mayor LouieDavis, the connection to GRU plant willhelp improve water quality conditions inthe Santa Fe River.

Lake Apopka cleanup shift. The St.Johns River Water Management Districttook steps recently to emphasize upgrad-ing public access and improving wildlifehabitat on the northern shore of CentralFlorida’s Lake Apopka.

At the same time, efforts to clean upthe lake plagued with pea green water andpesticide contamination will continue.

A major problem area for the lake is its31-square-mile North Shore section. Thearea is remarkably beautiful but has expe-rienced great devastation.

The North Shore area, formerly farmland, is both a park, wildlife refuge and birdwatcher’s paradise on the one hand, as well

as a hazardous waste site, restorationproject and water storage area on the other.

For two decades, bulldozers and leveeshave been used around Lake Apopka tomanage water pollution and pesticide con-tamination in former farmlands. Those res-toration efforts will continue.

Dave Walker, the district’s basin pro-gram manager, said that project focus willshift more to wildlife benefits and citizen’suse while work continues on water qualityimprovement and curtailing pesticide in-trusion into the Lake.

New Umatilla plant. The city ofUmatilla turnedthe tap on a new$1.3 million wa-ter plant in mid-January. Thenew plant willserve 1,500 wa-ter customers.

Upgrades tothe system include new pipeline that willconnect 116 new customers previouslyserved by the South Umatilla Water Sys-tem.

Alan Kirkland of the Lake County Pub-lic Works Department said the newUmatilla plant was needed in order to meetstandards set by the Florida Department ofEnvironmental Protection.

Funding for the plant came from a grantvia Lake County’s Community Develop-ment Block Grant Program.

Black Creek cleanup. A debriscleanup of Clay County’s Black Creekkicked off in late January. The cleanup wasnecessitated by damage caused by Tropi-cal Storm Debbie.

The Clay County Emergency Manage-ment Department and the Clay CountySheriff’s office are working with theFlorida Department of EnvironmentalProtection’s Natural Conservation Serviceon the project.

The estimated cost of the project is$84,000 and will be paid for with state andfederal funds.

John Ward, Clay County’s emergencymanagement director, said the cleanupwould take four to five weeks to complete.

He said the debris includes trees, veg-etation, sunken recreational boats, un-claimed dock debris and various householdappliances.

NWFWMD projects. The NorthwestFlorida Water Management District Gov-erning Board recently approved two waterprojects totally $435,845 for WashingtonCounty and the city of Blountstown.

In January, the governing board ap-proved an agreement to fund up to$200,000 in Washington County for a se-ries of stream bank restoration and protec-tion activities along Holmes Creek.

The board also approved up to$235,845 in grant funding to the city ofBlountstown to complete needed repairsand upgrades to its drinking water distri-bution system.

The Washington County agreementcalls for the district to provide funds tocomplete environmental restoration, pro-tection and improvement projects and re-pairs at the Hightower, Spurling and LiveOak landings within the Holmes Creekwater management area.

At all three sites, vegetative retainingwalls will be constructed to help reduceerosion and restore natural functions.

Additional protection activities includeconstructing several stormwater facilitiesthat will help capture and treat runoff be-fore it enters Holmes Creek, a major tribu-tary of the Choctawhatchee River.

Under the Blountstown agreement, thedistrict will provide funding matched bythe city to replace 5,500 linear feet of ex-isting pipeline running under State Road20. The existing pipeline requires exten-sive maintenance and repairs leading toperiodic disruptions of service.


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Please type or LEGIBLY print the information requested and return as soon as possible to Mike Eastman via fax at(407) 671-7757, e-mail [email protected] or mail to P.O. Box 2175, Goldenrod, FL 32733. You can reach us byphone at (407) 671-7777.

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Environmental & GeotechnicalDrillers Directory - 2013

Dixie County water storage. The Su-wannee River Water Management Districtis restoring the hydrology and water stor-age of its Steinhatchee Rise property inDixie County.

The project will reconnect more thaneight million gallons of water storage ca-pacity and rehydrate about 50 acres of wet-lands to help return the property to is natu-ral condition.

Called the Steinhatchee Rise DispersedWater Project, it will improve water qual-ity in the river and estuary, reduce down-stream flooding impacts, increase waterstorage and improve natural systems.

The project will mimic natural condi-tions, retaining excessive water flow fromthe upstream floodplain through a seven-mile-long ditch eventually discharging tothe Steinhatchee River.

The plan also calls for setting up ditchblocks on a portion of ditch before thewater reaches the river, diverting it to ad-jacent wetlands for rehydration.

Casselberry drinking water. The cityof Casselberry is implementing new tech-nology to replace water pipes throughoutits jurisdiction.

More than half of a $10-million grantfor the water pipe replacement project wasawarded because the process to be used isenvironmentally friendly.

All of the pipe replacement work takesplace underground, according to AlanAmbler, water resources manager for thecity. Old pipe is fractured, removed and re-placed with new plastic pipe.

Workers attach a metal head at the frontend of the new plastic pipe that breaks upthe old cement pipe. When the new pipe isin place, a hydraulic system pulls the metalhead out of the ground.

There are 100 miles of pipeline beneathCasselberry streets. The current project willfund the replacement of 35 miles of the sys-tem.

The new pipes are expected to last be-tween 50 and 100 years.

New director in Loxahatchee Groves.The town of Loxahatchee Grove’s WaterControl District has found a new adminis-trator. The district hired Stephen Yohe, aformer public works director for NorthPalm Beach. He began work in mid-Feb-ruary. Yohe replaces Clete Saunier whomanaged the district for 15 years. He leftin November of 2012.

NWFWMD field office move. TheNorthwest Florida Water ManagementDistrict’s Crestview field office will relo-cate one block north to 180 E. RedstoneAvenue in Crestview on March 5.

The Crestview field office administersthe district’s environmental resource per-mitting, wells and surface water programs.

The field office’s telephone and faxnumbers will remain the same.

Wekiva rally increases awarenessof springs’ plight

By SUSAN TELFORDBy SUSAN TELFORDBy SUSAN TELFORDBy SUSAN TELFORDBy SUSAN TELFORD

Former Senator Bob Graham andSeminole County CommissionerLee Constantine, along with the

Florida Conservation Coalition, Friends ofthe Wekiva River, St. Johns Riverkeeperand other environmental organizationsgathered last month at Wekiva SpringsState Park to raise awareness about the needto restore the impaired Wekiva River, thetroubled springs that feed it and all ofFlorida’s treasured waterways.

“Each one of us needs to step up andbe a better steward of the earth,” saidformer Senator Bob Graham, founder andchairman of FCC.

“Through education and raising aware-ness, we can avoid future environmentalproblems like what’s happening here,” hesaid. “It’s time to raise awareness, partici-pate in events like this and get involvedfor future generations.”

Representatives of FCC gathered sig-

natures from event attendees for the Waterand Land Conservation Amendment, anamendment that will ensure funding forprotecting and restoring Florida’s springs,rivers and natural areas.

FCC hopes to get at least 676,811 sig-natures to put the amendment on the No-vember ballot. If approved, the amendmentwould take effect July 1, 2015, and wouldraise about $10 billion over 20 years with-out any new taxes or tax increases.

The money would be set aside for theLand Acquisition Trust Fund until 2035 toclean up the Everglades, protect drinkingwater sources, support fish and wildlifeprograms and put some momentum behindthe state’s commitment to protectingFlorida’s natural resources.

“We’re here today to get the messageout about the importance of taking care ofthe environment,” said Kristin Nowak, flu-vial geomorphologist for AMEC.

Nowak and co-worker JacquelineLevine took Graham’s words to heart. Theybrought visual aids and all types of hands-on teaching tools to educate rally attend-ees about the springs and rivers, and theplants and animals that inhabit them. 100 Kid E l l is Road | Mulberry, F lor ida 33860 | PH: 863.425.9600 | FAX: 863.425.9620

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SouthSouthMay 9-10, 2013Ft. LauderdaleLast year’s first-ever FRC-

South was a big success. Sowe’re taking FRC on the roadagain in 2013—this time tothe Embassy Suites Hotel inFt. Lauderdale.

We will serve up a day anda half of technical sessionson soil and groundwatercleanup, with emphasis onthe unique geology andregulatory framework ofSouth Florida.

Questions about theconference? Call us at (407)671-7777 or email [email protected].

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or FAX registration form with CC info to (407) 671-7757 (secure fax).

TRI relays goodnews, bad news on

toxic releasesBy ROBy ROBy ROBy ROBy ROY LY LY LY LY LAUGHLINAUGHLINAUGHLINAUGHLINAUGHLIN

A lthough a substantial increase inmining wastes in 2011 increasedthe country’s total for toxic chemi-

cal releases into the environment, trendsin air emissions continued to improve.

This is the big-picture view of the U.S.Environmental Protection Agency’s 2011Toxics Release Inventory recently released.

The eight percent annual decrease inhazardous air pollutant emissions is thegood news. Since 2009, HAP emissionshave declined more than 100 millionpounds, according to a statement made byrecently retired EPA administrator LisaJackson.

Even better with respect to HAP emis-sions is that hydrochloric acid and mer-cury—two pollutants that have been thefocus of recent rules to reduce their emis-sion from coal-burning power plants—showed substantial decreases.

The EPA attributed this to the installa-tion of effective control technologies atcoal power plants and perhaps more im-portantly to a shift to other fuel sources,especially natural gas.

Reductions in releases of pollutants andcontaminants to surface water have alsodeclined. For water contaminants, the de-cline was three percent.

In the inventory, releases to surfacewaters are treated as one category andwastes injected underground are consid-ered a separate category. Estimates for thedisposal of each during 2011 were 220million pounds. These two categories, withidentical values, receive the smallestamount of waste by far.

On the bad news side, land disposal,with a total of 2.44 billion pounds of wasteinventoried, increased 19 percent since2010. Most of this increase is attributableto the expansion of the mining sector andthe disposal of ore wastes. Considering allcategories of wastes in the inventory, metalmining accounted for 46 percent of the to-tal wastes.

Electric utilities, which dispose of coalash and fly ash, were the next largest cat-egory, at 15 percent, just a third of themetal-mining category.

Wastes produced by the chemical in-dustry were the third largest category ofwastes overall, accounting for 12 percent.

In its discussion of TRI results, EPAnoted that waste totals for metal mining aresignificantly dependent on the quality ofthe ores mined; more ore is mined if it is oflower quality. Recent commodity price in-creases apparently made the extraction ofmarginal ore deposits, which produce morewaste, economically viable.

The TRI report includes several sub-sections with details about the spectrum ofwastes inventoried.

HAP emissions dropped to their low-est level in 2009, and since then have os-cillated between 55 and 60 million poundsper year. The improvement is substantial.

The pattern for polychlorinated biphe-nyls is paradoxical. In 2003, 27 millionpounds of PCBs were disposed of or re-leased. In 2005, just slightly more than onemillion pounds were released or disposedof. But since 2005, the trend has been up-ward, and in 2011 was well over five mil-lion pounds.

Because PCBs are no longer beingmanufactured or used in the U.S., EPA saidthe increase is due either to site cleanupefforts or to retirement of PCBs taken fromelectrical capacitors and transformers.

Dioxin and dioxin-like compoundsare also showing a similar, but moredamped rebound. In 2009, about 30,000grams of these compounds were released.In the last two years of reporting, thetrend is upward with about 55,000 gramsreleased in 2011.

The chemical industries accounted for77 percent of the dioxin and dioxin-like

TRIContinued on Page 13

Day One Agenda Includes:

Industry Trends and ImplicationsCraig Hurst, Groundwater & Environmental Services Inc., Ft. Lauderdale

Complying with Continuing Obligations on Real PropertyNick Albergo, PE, DEE, HSA Engineers & Scientists, Tampa

The 2013 Florida Legislative Session in Review

John J. Fumero, Sundstrom, Friedman & Fumero LLP, Boca Raton

Can we PARM Yet? Groundwater Quality after Remediation at Multiple Sites in FloridaDrew Baird, PG, REGENESIS, Greenville, SC

Regulatory Panel:Glenn MacGraw, PG, The FGS Group, TallahasseeWilbur Mayorga, PE, Miami-Dade County, MiamiDavid Vanlandingham, PE, Broward County, PlantationDave Gibson (Invited), Palm Beach County, West Palm Beach

A Cost-Effective Method for Remediation of Former Golf Courses and Agricultural Parcels in FloridaJeff Flairty, CABE Associates Inc., Dover, DE

Vapor Intrusion Mitigation bySustainable Soil VaporExtraction

Gary Birk, PETersus Environmental, Wake Forest, NC

Cost Effective Source Treatmentand Plume Reduction byLeveraging GroundwaterConditions and the BeneficialMicrobial Population

Michael Saul CL Solutions LLC, Cincinnati, OHDavid Rogers Terra Tech Enterprises Inc., Pensacola

Day Two Agenda Includes:

Panel—BrownfieldsAdvantaged Cleanups inFlorida: Policy, Practice,Metrics, Mechanics &Economics

Michael R. Goldstein, Esq. The Goldstein Env. Law Firm, MiamiDavid Vanlandingham, PE Broward County, PlantationDavid Goldman, PG Kimley-Horn & Associates, Jacksonville

In-Situ Soil BlendingJohn Haselow, PhD, PERedox Tech LLC, Cary, NC

Use of Horizontal In-SituThermal Remediation Wellsfor Remediation ofHydrocarbons in UrbanEnvirons

Grant GeckelerTPS Tech America, Los Angeles, CA

Oxidation or Reduction: NotMutually Exclusive Options

Patrick Hicks, PEFMC Env. Solutions, Raleigh, NC

Don’t miss SouthFlorida’s only soil andgroundwater cleanup

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For more information,call (407) 671-7777 or

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Dr. Jeff Flowers (center) congratulates Charles Schilling, GC/MS Operator(left), and Steve Welsh, Laboratory Sample Coordinator (right),

for 25 years of service at Flowers Chemical Labs

In-situ alternative to conventionalfield testing hits market

By ROBy ROBy ROBy ROBy ROY LY LY LY LY LAUGHLINAUGHLINAUGHLINAUGHLINAUGHLIN

R emediation feasibility testing isoften a time-consuming andcostly component of soil and

groundwater cleanup projects. The In-SituMicrocosm Array, or ISMA, is a recentlydeveloped alternative to conventional pi-lot testing in the field.

The ISMA is an in-well flow throughsediment column microcosm. The sedimenttest column allows for testing amendmentsadded to the water, as well as the capabil-ity of microorganisms and efficacy ofchemical agents to degrade contaminants.It can be exploited as an inexpensive, si-multaneous and rapid evaluation tool un-der ambient conditions.

The apparatus is now available com-mercially in a self-contained, solar-pow-ered configuration. The manufacturers de-scribe it as “sustainable and compatiblewith deployment in remote locations.”

The sediment column can be placed inexisting or newly drilled wells on a reme-diation site.

The technology is not an off-the-shelfproduct.

“It is a custom implementation for thesite,” said Phil Dennis, senior manager atSiREM, which is now offering the ISMAin conjunction with In Situ Well Technolo-gies LLC. “It’s a substitute for a field pilotstudy. To my knowledge, there’s never beenanything like this on the market.”

Rolf Halden, professor of engineeringand director of the Center for Environmen-

tal Security at Arizona State University’sBio Design Institute developed the ISMAtechnology. His research group has a sig-nificant reputation for developing environ-mental tools.

ISMA technology “has been indepen-dently validated by the environmental se-curity technology certification program,”according to a SiREM press release. Thiscertification program is operated by theU.S. Department of Defense’s Environ-mental Research Program.

SiREM officials note that smaller scalein-situ testing is more cost-effective thanalternative testing protocols.

It can economically evaluate multipleremedial options, collect essential techni-cal design information to aid selection ofthe most desirable treatment option, pro-vide greater confidence in the selected re-mediation treatments’ performance underambient conditions on site and providebetter information to estimate the costs offull scale remediation systems.

Dennis summarized the value and ben-efit of the new technology by noting thatthe unit has been shown to be effective.

“If you can get it to work in the lab, itmay be a realistic option in the field,” hesaid.

CARES stewardshipprogram expands

By DBy DBy DBy DBy DAN MILLAN MILLAN MILLAN MILLAN MILLOTTOTTOTTOTTOTT

I t started in 2001 when farmers andranchers in the Suwannee River val-ley latched on to the idea that farm-

ers and ranchers are the stewards of theland. Thus was born the County Allianceof Responsible Environmental Steward-ship.

Scott Eubanks, associate director of ag-ricultural policy for the Florida Farm Bu-reau, said CARES was started to promoteenvironmentally sound and economicallyviable farming.

The program recognizes farmers andranchers who voluntarily implement bestmanagement practices.

He said the Florida Department of Ag-riculture first established BMP’s in the mid-90s for water quality and quantity withinthe state.

The Florida Department of Agricultureand the farm bureau joined forces with theUniversity of Florida’s Institute of Foodand Agricultural Sciences, the Florida De-partment of Environmental Protection, thestate’s five water management districts andtrade group’s like the Florida Cattlemen’sAssociation to promote CARES.

To date, over five thousand farmers andranchers have enrolled in the program.

William Carte, a Suwannee Countyfarmer and rancher, has been a part of theprogram since he was recognized for hiswork in July of 2001. He said 80 percentof farmers in Suwannee have signed on toCARES.

Eubanks said farmers and ranchers in-volved in CARES cover about 3 millionacres of Florida’s agricultural lands.

He described CARES as a three-leggedstool. First, there is outreach, education andthe extension of research from the Univer-sity of Florida. Second, the county exten-sion offices establish BMPs. And third, thefarm bureau recognizes farmers and ranch-ers who implement those BMPs.

UF scientists have made recommenda-tions including the proper use of fertilizer,as well as techniques and practices to in-sure that there are buffers for bodies ofwater and that there will be no cow pensplaced in areas with no buffers.

CARESContinued on Page 13


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issues that matter the most—water resources, supply and distribution; soil and

groundwater remediation; wastewater treatment and reuse; hazardous waste

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Jax officials seek cleanup help for contamination from 19th century MGPBy SUSAN TELFORDBy SUSAN TELFORDBy SUSAN TELFORDBy SUSAN TELFORDBy SUSAN TELFORD

T he pollution at a Jacksonville gasplant started in the 19th century.But city officials want investors

who bought the property next to the city’shistoric Confederate Park to help pay forits cleanup.

More than a century after JacksonvilleGas Co. manufactured gas for streetlightsand home use, the cost of cleaning up thecoal tar that accumulated on nearby prop-erties has become a problem for Robert VanWinkel, the co-owner of the semi-demol-ished Park View Inn located at 901 Main

Street.“It’s a city problem,” said Van Winkel

in a statement regarding the site cleanup.According to a lawsuit filed in July, pol-

lutants including benzene, arsenic andpolycyclic aromatic hydrocarbons werefound on the defunct manufactured gasplant site as well as the site of a formerfood service company located at 937 N.Main St.

The pollution allegedly migrated ontocity property—including ConfederatePark—and the city wants those liable topony up. Landowners are legally respon-sible for pollution on their property.

The city has asked a federal judge todeclare the owners of the Jacksonville GasCo. site, located at Main and Orangestreets, financially liable for some of thecosts for remediation and cleanup—eventhough the pollution occurred from 1874to 1912.

The city discovered the pollution in2001 and signed an agreement with theFlorida Department of Environmental Pro-tection to address the issue.

In 2009, DEP asked the U.S. Environ-

mental Protection Agency to add the siteto its Superfund National Priorities List.

One investor said the city owns mostof the contaminated land and “can’t expectsmall landowners to pick up the tab” for aproblem dating back generations.

Michael Wedner, deputy general coun-sel for the city, stated in an e-mail that “be-cause the city is in ongoing collaborativeefforts among interested parties to resolvethe matters presented, I have to respect-fully decline comment at this time.”

Pensacola’s ECUA seeks solid wastemanagement alternatives

By DBy DBy DBy DBy DAN MILLAN MILLAN MILLAN MILLAN MILLOTTOTTOTTOTTOTT

When the cost of trucking wasteto a local landfill jumps byover 40 percent in three years,

management will inevitably look for bet-ter alternatives to dispose of 100,000 tonsof refuse annually.

With that cost increase in mind, the Em-erald Coast Utility Authority in Pensacolabegan to look at a new technology that con-verts waste streams into refuse-derivedfuel, RDF.

Steve Sorrell, chief executive officer ofECUA, said the utility has had discussionswith California-based Rainbow Environ-mental Services to do just that.

Sorrell said Rainbow has developed amethod of reclaiming all the combustiblematerial from waste and turning it intopalletized or shredded fuel stock. ECUA’sboard was scheduled to vote on a proposalfrom the company in late February.

Escambia County runs the 300-acrePerdido Landfill and is not happy about theprospect of losing most of the revenues re-ceived from ECUA if the authority convertsto the new technology.

Sorrell said the county passed a flowcontrol ordinance three years ago requir-ing all entities, including ECUA, to usetheir Perdido facility.

“They have raised the rates 41 percentover the last three years,” he said. “And theyare telling us that they plan to raise them by3.5 percent in each of the next two years.”

Because of those price hikes, technol-ogy that was once uncompetitive price-wiseis now within reach for potential custom-ers like ECUA.

Since everyone pays to place refuse inthe landfill, the cost increases over the lastthree years and those projected in the fu-ture must eventually be passed on toECUA’s customers.

Sorrell says there are two major rea-sons for considering the change.

“The first is that the technology has ad-

vanced to the point where it is usable andhas spread nationwide,” he said. “The sec-ond is the economics of it. It’s now cheaperto convert waste to fuel than to bury it.”

As a landfill, Perdido has generally re-ceived high marks. It’s the cost that’s thesticking point with ECUA.

Because of Escambia County’s prox-imity to adjacent states, ECUA would nor-mally have the option of trucking their100,000 tons per year to a landfill in neigh-boring Alabama, Mississippi or Louisiana.

The county now charges $42.07 a tonfor the waste. At the out-of-state landfills,the disposal rate averages $22 a ton. Butthe county’s flow control ordinance makesany out-of-state option legally impossible.

Sorrell said ECUA management is try-ing to run the utility like a private business.“We are always looking for ways to dothings cheaper. Recycling material ischeaper than putting it in landfill.”

The potential loss of ECUA’s businessfor disposing of waste in the landfill wouldhurt the county’s bottom line. Sorrell saidthe county likes the revenue stream fromECUA. “It’s been a cash cow for them fora long time,” he said.

Recycling is looked on favorably by thestate, but since ECUA begun discussionswith Rainbow, the county has threatenedlegal action if the utility enters into anagreement with them.

If Rainbow began handling ECUA’swaste, they would recycle 95 percent of itwith the balance going to the landfill. That95 percent would be turned into RDF.

Plus, there is an extra benefit that mightaccrue if the deal is consummated. Rain-bow wants to build a plant in EscambiaCounty to produce the RDF. Rainbow es-timated it would employ 100-150 people.

The county has expressed reservationsabout that so Rainbow has researched otheroptions in nearby counties or states for anRDF plant. Currently the closest operatingplant in Florida is located in Palm BeachCounty.

According to Sorrell, product producedat an RDF plant could be sold to any busi-ness entity that now burns coal or wood.That could be anywhere in the country.

“It would be attractive to a businesssince coal now is about $80 a ton and theRDF material would be $10 a ton or less,”he said.

Guide to wind energyissues released

The Environmental Law Institute re-leased a guide to key issues local electedofficials will face when deciding where tosite wind energy facilities.

The nation’s local governments will bedealing with the more than 100 new com-mercial scale wind farms expected to besited across America this year. Thousandsmore are expected within the next decade.

“Siting Wind Energy Facilities: Whatdo Local Elected Officials Need to Know?”reviews what is known about the visualimpacts, sound impacts, safety, recom-mended setback distances, impacts toroads, wildlife conservation and decom-missioning of wind energy facilities.

The guide also highlights importantsources of local ordinance-drafting infor-mation that are relied on by local officials,including recent recommendations by theNational Association of Counties and theAmerican Planning Association .


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Agreement to convert Silver Springs to state park expected tohelp restore water qualityBy PRAKASH GANDHIBy PRAKASH GANDHIBy PRAKASH GANDHIBy PRAKASH GANDHIBy PRAKASH GANDHI

Environmental activists are welcom-ing plans to turn one of Florida’sbest known tourist attractions—

Silver Springs—into a state park.The springs has been saddled with se-

rious environmental degradation issues asstormwater runoff loaded with fertilizer andseptic waste from homes, farms and othersources has carried nitrate pollution intothe springs, fueling thick algae growth.

But state environmental leaders arehoping to breathe new life into SilverSprings’ future by turning it into a state parklater this year.

Gov. Rick Scott and the Florida Cabi-net voted to modify the state’s lease withthe company operating the park this Sep-tember instead of waiting until the leaseexpires in 2029. The modification will al-low the property to become part ofFlorida’s state park system by Oct. 1.

The state will officially take charge ofthe property and combine it with nearbySilver River State Park.

The move was welcomed by CharlesLee, director of advocacy for AudubonFlorida.

Lee said his organization has beenclosely involved in efforts to turn SilverSprings into a state park.

“We were active in favor of that pro-posal and we attended several meetings todiscuss it,” he said. “We believe this is agood proposal. The attraction developershave not managed it very well.”

The state bought the spring in 1993,then leased it back to the company then op-erating the amusement park. The currentoperator said profit margins have droppedfrom 23.5 percent a year to 5.3 percent asthe number of visitors to the park has

dwindled.The cause of the springs’ problems lies

with the land surrounding it. About 75 per-cent of the water coming out of its 69 ventsoriginates in stormwater runoff within afour-mile radius.

Studies have found that currently 90percent fewer fish are swimming in thesprings when compared to the 1950s. Inaddition, the spring flow has dropped from790 cubic feet per second before 2000 to535 CFS in the past decade.

The 242-acre Silver Springs attractionwas acquired by the board of trustees ofthe state’s Internal Improvement TrustFund in 1993.

Palace Entertainment’s lease to managethe attraction ran until Dec. 31, 2029.Through negotiations between the com-pany and the Florida Department of Envi-ronmental Protection, the state secured $4million from Palace to restore the propertyto its natural condition. Palace will con-tinue to manage the property until Sept. 30.

During that time, the attraction will re-main open. DEP officials will start imple-menting the operations plan that was pre-sented to the public in January by theFlorida Park Service.

The department’s Division of Environ-mental Assessment and Restoration alsorecently held their first meeting to finalizea basin management action plan for SilverSprings. It is the first such restoration planto reduce nitrates affecting the springs.

Research and monitoring by the depart-ment led to designating Silver Springs andthe Upper Silver River as impaired for ni-trate.

Meanwhile, Audubon officials have op-posed consumptive use permitting for the

nearby 25,000-acre Adena Springs Ranchproject, which they believe would harm thesprings.

Audubon officials believe that the cattleoperation will require intensive irrigationand fertilization of pasture grass on rela-tively poor soils to grow enough grass toallow tens of thousands of cattle to gainweight before being slaughtered. Pollutionfrom fertilizer and manure will leachthrough the sandy soils into groundwater,said Audubon officials.

Lee cautioned that turning the attrac-tion into a state park will not fix the envi-ronmental problems that Silver Springs hasendured.

“As good as this plan is, running it as astate park is not going to cure water qual-ity and water quantity problems,” he said.“There has been a tremendous upsurge innitrate pollution. We have to look at reform-ing how we distribute fertilizer.”

Lee recently asked Gov. Scott to directofficials of the St. Johns River Water Man-agement District to deny Adena’s 13.2 mil-lion-gallons-per-day permit if there is theslightest risk that additional groundwaterwithdrawal might worsen conditions at Sil-ver Springs.

Last year, the department finalized thetotal maximum daily load for nitrates at0.35 milligrams per liter. This is the samerestoration target that the U.S. Environmen-tal Protection Agency adopted for springsand that has been upheld in both state andfederal courts.

In July, DEP expanded its efforts to re-store Silver Springs, committing more thana million dollars to water quality improve-ment projects.

DEP, Marion County and the St. Johnsdistrict have committed $300,000,$300,000 and $100,000, respectively, to-ward the project.

As part of the work, a wastewater dis-charge will be eliminated from the SilverSprings regional wastewater treatmentplant.

Wastewater will be redirected to theSilver Springs Shores Wastewater Treat-ment Plant that provides higher level treat-ment ten miles from the springhead.

In a later phase of the project, a seriesof wastewater treatment plants will be con-nected to the central facility, providingbetter treatment and reducing pollution.

Officials say these actions will elimi-nate more than two tons of nitrogen cur-rently going into the Silver Springs systemeach year.

Wetlands dispute in St. Johns districtheaded to Supreme Court

By PRAKASH GANDHIBy PRAKASH GANDHIBy PRAKASH GANDHIBy PRAKASH GANDHIBy PRAKASH GANDHI

A long-running battle between aproperty owner and the St. JohnsRiver Water Management District

over wetlands mitigation will be decidedby the U.S. Supreme Court.

In January, the court heard the case in-volving landowner Coy Koontz Jr. Thecourt’s decision is expected by July.

In November 2011, the Florida Su-preme Court rejected Koontz’s complaintthat the water management district violatedhis rights by setting unreasonable condi-tions on a permit he would need to developfamily property.

Koontz persisted, and the U.S. SupremeCourt agreed to hear arguments on the case.

The Koontz family has owned about 15acres alongside State Road 50 in OrangeCounty since the 1970s.

In 1994, Koontz’s father asked the wa-ter management district for approval to de-velop 3.7 acres next to the highway.

He applied for permits from the districtto dredge and fill part of his property withinthe Econlockhatchee River HydrologicBasin. Most of that area was consideredwetlands that were part of a special pro-tected zone around the river.

District officials said the applicant ac-knowledged that his proposal would de-stroy more than three acres of wetlands sohe proposed to preserve about 11 acreselsewhere on his property as mitigation forthe environmental harm.

District officials concluded that themitigation Koontz proposed would notsufficiently offset the harm caused by hisproject to meet the permitting standards.

The district told Koontz the permitscould not be issued unless he modified theproject or proposed additional or alterna-tive mitigation.

In particular, the district wanted a con-

WETLANDSContinued on Page 16

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2013 Legislative Preview: Tallahassee conclave to commence deliberationsBy WILLIAM D. PRESTON, ESQBy WILLIAM D. PRESTON, ESQBy WILLIAM D. PRESTON, ESQBy WILLIAM D. PRESTON, ESQBy WILLIAM D. PRESTON, ESQ

H igh anticipation currently per-vades all of Tallahassee. Gov.Rick Scott made his opening plea

to a joint session of the full Florida Legis-lature on Tuesday, March 5. After His Ex-cellency departed, the sergeant-at-arms im-mediately locked and sealed all legislative

members into their respective Senate andHouse chambers. Hair shirts were donned.Another session of the centuries-old legis-lative conclave then began.

Downtown Capitol cognoscenti havebeen gathering each day at 6:00 p.m. tomeasure the opacity and color of the fluegasses emitting from the 22nd floor. At last!As the long-awaited puff of white smoke

drifts downwind, the courtyard below willfill with throngs of cheering and weepingstate workers, legislative staff and hard-boiled lobbyists: “We have a budget!!”

Okay, okay…far-fetched probably. Butthose of us in Tallahassee enduring yet an-other 60-day session of the Florida Legis-lature can still hope for something a littledifferent, can’t we? However, if the legis-lative session unfolds in a more traditionalmanner, here’s some of what you mightexpect to see.

Legislative primerEven if you don’t have that team of

well-qualified Tallahassee lobbyists as aresource, you can still keep up and be a“player” in many other ways. Check in tothe Florida Senate and Florida Housewebsites at http://www.flsenate.gov/ andhttp://www.myfloridahouse.com/ periodi-cally for the progress of individual bills,committee meeting schedules and agendas,Senate/House calendars, etc.

If all you have is a bill number, remem-ber that House Bills are odd-numbered,Senate Bills are even-numbered. CS standsfor “Committee Substitute” and means thatany amendments made in committee arethen incorporated into the body of the billas reported out of committee.

And if a committee instead of an indi-vidual member is working on a bill youmight see reference to a “PCB” or “pro-

posed committee bill.”Florida’s budget

As you have heard it said from me andothers, the budget bill is the only “mustpass” legislation that lawmakers are re-quired to enact. It must be on all members’desks no later than seventy-two hours priorto the final adjournment set for May 3.

As always, the governor, Senate andHouse proposed their own respective ver-sions of how the fiscal year 2013-2014 statebudget should look.

Note that the governor’s budget favorseliminating regulations and providing taxrelief to Florida job creators. Related com-ponents include: cutting the business tax,building up Florida manufacturing jobs,quick response training program flexibil-ity and funding, attracting and retainingbusinesses, improving Florida’s transpor-tation system and growing jobs in Florida’sagricultural industry.

For environmental spending, thegovernor’s proposal includes $60 millionfor ongoing Everglades restoration, $25million for beach restoration projects, and$135 million for petroleum tank site clean-ups. Two big DEP revolving loan programswould also be funded for primary distribu-tion to local government utilities: Drink-ing Water at $72.9 million and Clean Wa-ter (principally wastewater and stormwa-ter) at $142.7 million.

After witnessing legislative raids onFlorida Forever land purchase programmonies during recent lean years, the envi-ronmental community is pleased to seeGov. Scott set aside $75 million for FloridaForever in his budget, although $50 mil-lion of that depends on selling off certainstate lands.

Ultimately, the final details of the bud-get bill will be hammered out in confer-ence committees and subcommittees likelyto work late into the night and over week-ends during the second half of the session.In all seriousness, those conferences reallydo come as close to the conduct of a papalconclave as one will observe throughoutthe legislative process.

Of course, one wild card expected tocomplicate the Florida budgetary processwill be the looming across-the-board fed-eral budget cuts known as “sequestration.”

Florida springs restorationEven before major warfare broke out

over competing U.S. Environmental Pro-tection Agency and DEP numeric nutrientcriteria rulemaking and related develop-ments, DEP was well underway with itsregulatory programs intended to adopt andimplement restoration goals for Florida’ssprings.

DEP Sec. Herschel Vinyard has stated“the department has made springs restora-tion a statewide priority and is workinghard to address nutrient impacts to theseunique water bodies.” HB 789 (SB 978companion measure) would create the“Springs Revival Act,” requiring, amongother things, water management districts todevelop five-year plans for restoring thewater quality and flows of Florida’ssprings. The governor’s budget request alsoincludes $7.1 million in fiscal year 2013-14 for springs’ restoration.

It is also possible that the ongoing NNCdispute could once again lead to some spill-over into the Legislature. For example,DEP may ask the Legislature to amend itsratification of the state rules in 2012 be-cause that legislation delayed DEP rule imple-mentation if EPA had not yet withdrawn itsown rules. The DEP’s NNC rules were up-held in their entirety by the Florida First Dis-trict Court of Appeal on Feb. 25, 2013.

Should that occur, the springs restora-tion bills could be viewed as a vehicle forNNC-related amendments. So it would beprudent to continue to monitor the move-ment of this legislation if you have any in-terest in this broader topic.

Agriculture and environmentProbably second only to DEP as an

agency with a consistently strong environ-mental-related agenda, is the Florida De-partment of Agriculture and Consumer

PRESTONContinued on Page 16


Calendar

Michael R. EastmanPublisher/EditorGoldenrod, FL

[email protected]

The Florida Specifier welcomes columns,articles and letters to the editor on any subjector issue pertinent to the environmental, regula-tory and technical areas the newspaper covers.We reserve the right to edit all submissions fornewspaper style and publish submissions on aspace-available basis.

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water for energy extraction, is a likely andsubstantial limitation to increasing petro-leum and natural gas production.

The possibility that fracking will con-taminate drinking water and agriculturalwater supply aquifers in the U.S. is a ma-jor political issue.

If groundwater contaminationthrough fracking is an inherent risk orshould occur because of a substantial ac-cident, public opinion may move politi-cal authorities to place limits on its use,the report noted.

Corps investigation/feasibility studyextended. The U.S. Army Corps of Engi-neers announced that its fieldwork for theremedial investigation/feasibility study atFranklin County’s Camp Gordon Johnstonwill continue through March, 2013—threemonths longer than expected.

The camp was used during World WarII as an amphibious training center for theU.S. Army. The Army wants to identifyareas where munitions may be located andto quantify how much might be at thosespecific sites.

The training exercises often involvedthe use of live ordnance including rockets,grenades, mortars and artillery shells. Am-munition that is located will be retrievedand disposed of by contractors working forthe corps.

Water samples are also being collected

to determine if munitions chemicals haveleached into soil or water.

The study and any necessary munitionsdisposal was originally expected to be com-pleted last December, but heavy rains dur-ing the fall delayed fieldwork necessitat-ing rescheduling the completion date toMarch.

More information about Camp GordonJohnston cleanup is available in theFranklin County Public Library inCarrabelle.

Clean air rule update. The U.S. Cir-cuit Court of Appeals for the District ofColumbia denied the EPA’s request for arehearing on a case whose outcomeblocked enforcement of the Cross-State AirPollution Rule.

In August, a three-judge panel of thedistrict court blocked the CSAPR becausethey said it failed to give states an oppor-tunity to regulate air emissions, primarilyfrom large fossil fuel electricity generat-ing plants, and because it might requireupwind states to reduce emissions morethan in downwind states.

The court found that these provisionsexceeded EPA authority under the law.

The agency filed a request for a rehear-ing after that judgment, which was deniedJan. 24.

In a public statement following the de-nial, EPA said that it would review the de-cision to determine if any action should betaken.

FEDFILESFrom Page 2

tinues to evolve.Another problem, stated by representa-

tives from Audubon Florida and the FloridaWildlife Federation, is that the agreementsdo not hold polluters accountable.

“You are the landlord and it is your rightand your duty to insist that the tenant maxi-mize their efforts to reduce the impact ofthe land,” said Eric Draper, executive di-rector of Audubon Florida, to the cabinetprior to the vote. “The lease extensionspreclude your ability to insist upon thataccountability.”

Meeker said that the state would con-

tinue to have the authority to increase en-vironmental requirements on the leasedland.

According to Meeker, it’s time to moveforward with the restoration efforts and thefocus needs to be on what can be accom-plished within the next several years.

A few years ago, the state agreed to buythousands of acres of heavily farmed sugarland, using taxpayer money, in order to re-move that source of phosphorous pollut-ing the Everglades.

Environmentalists question the logic ofcontinuing long leases that allow the pol-lution to continue while at the same timespending taxpayer money to clean it up.

The cost of the cleanup, according toU.S. Environmental Protection Agencyregulations, is supposed to be passed on tothe polluters or owners, whom the law dubsas responsible parties.

Florida Crystals, U.S. Sugar, and Dudaand Sons dominate Florida’s sugar groups.The Sugar Cane Growers Cooperative ofBelle Glade and the Florida Crystals Corp.of West Palm Beach co-own AmericanSugar Refining. Marketed under theDomino Foods brand, American Sugar Re-fining has a cooperative agreement withChinese and Swiss companies to marketlow calorie alternative sweeteners.

Under the 2002 federal farm bill,sugar subsidies artificially prop up theprice of sugar in the U.S. There’s bigmoney in sugar and environmentalists aresaying it showed in the latest cabinetmeeting where their concerns were ig-nored regarding why the state wouldgrant land lease extensions for 30 yearsat the same time state and federal gov-ernments are investing huge amounts of

money to clean the land up.The sugar companies said that they’ve

lowered phosphorous levels and have be-come more environmentally friendly as ayounger generation of sugar cane growerspush for higher environmental standards inthe industry.

According to a statement by GastonCantens, vice president at Florida Crystals,the company has exceeded the require-ments imposed by the 1994 EvergladesForever Act. Instead of meeting a 25 per-cent phosphorous reduction each year,Florida Crystals reduced its levels by 55percent each year.

“Along with being stable economicdrivers and job providers for our state andcounty, farmers have a long track recordof supporting and implementing Ever-glades restoration,” wrote Cantens.

According to a statement released bythe DEP and SFWMD, state officials be-lieve that the land deals will allow them tomove forward with aggressive plans forwater quality improvements.

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support from some of the state’s top envi-ronmental organizations, happy to see thisyear’s apparent about-face on environmen-tal funding.

“We are very pleased with thegovernor’s proposal to provide $60 millionfor Everglades restoration,” said BrianCrowley, a spokesman for the EvergladesFoundation. “We are highly encouraged bythe (proposed) budget. We think there isan excellent chance the Legislature will ap-prove not only the $60 million but perhapseven more funds.”

It is vitally important that the Ever-glades continue to receive the cash,Crowley said. “This level of funding is criti-cal for protecting the Everglades,” headded. “The Everglades is the source ofwater supply for 7.5 million Floridians. Weneed to make sure we do everything we canto protect that water supply.”

Melissa Meeker, executive director ofthe South Florida Water Management Dis-trict, also praised the governor’s efforts onEverglades funding.

“The governor’s funding recommenda-tions generously support our work to im-prove Everglades water quality and imple-ment the science-based restoration strate-gies plan achieved under his leadership,”she said.

“The recommended budget also sup-ports the district’s important work in thestate-federal Comprehensive EvergladesRestoration Plan and other vital projects

that sustain and protect South Florida’swater resources.”

Charles Lee, director of advocacy forAudubon Florida, said his group was“elated” with several aspects of thegovernor’s proposed budget, including theproposal to provide funding for the FloridaForever program. Lee said he is hopefulthe Florida Legislature might “up the ante”and provide additional funds.

“This is a significant increase in fund-ing for the Everglades and we are glad tosee that,” Lee said.

Herschel Vinyard, secretary of theFlorida Department of Environmental Pro-tection, said in a statement that by request-ing more than a billion dollars to continuethe state’s pursuit of environmental protec-tion, Scott clearly understands that the fu-ture of Florida depends on its natural re-sources.

“This funding will restore water qual-ity in the Everglades, rejuvenate our springsand provide a clean environment for all Flo-ridians,” Vinyard said.

Joe Collins, chairman of the SouthFlorida Water Management District gov-erning board, said in a statement that thegovernor’s commitment to protect SouthFlorida’s ecosystems is clear in the recom-mended budget.

“Investments by the state and the SouthFlorida Water Management District to-gether will continue the progress we aremaking in Everglades restoration, includ-ing water quality improvements vital tothese natural systems,” he said.

BUDGETFrom Page 1

compound releases.In this year’s report, EPA analyzed

newly implemented source reduction prac-tices. Only 12 percent of all facilities re-porting—2,509 facilities—indicated anysource reduction efforts.

Of the efforts reported, “good operat-ing practices” accounted for 33 percent ofthe effort; “process modifications” ac-counted for 21 percent of the reported ef-fort; and 14 percent listed “spill and leakprevention” as a source reduction practice.

For the first time, EPA compared TRIand greenhouse gas reporting this year. Thegreenhouse gas emission values are for re-porting year 2010, as opposed to reportingyear 2011 for the TRI components.

According to EPA figures, direct emis-

sions of carbon dioxide to the atmospherewere 3.2 billion metric tons, about seventrillion pounds.

The three highest sectors reportinggreenhouse gas emissions were electricutilities, petroleum refineries and chemi-cal manufacturing. They accounted for 2.7billion metric tons of CO2.

The EPA’s Toxic Release Inventorystarted out primarily as a database effortintended to characterize quantities andtrends of contaminants and pollutants re-leased to the environment. Increasingly,analysis is making it more useful as a man-agement tool to evaluate where progressreducing wastes occurred and to identifystrategies responsible.

The 2011 results are available on line:http://www.epa.gov/tri/tridata/tri11/nationalanalysis/index.htm.

TRIFrom Page 6

In the Suwannee River basin where theprogram got its start, there is an annualevent that recognizes farmers for their ef-forts as land stewards.

The Suwannee basin stretches from Jef-ferson County in the west to HamiltonCounty on the east and south to LevyCounty on the Gulf Coast. Each year, 20farmers in the region are recognized fortheir good works.

Carte, who operates a 1,400-acre farmand ranch near Live Oak, said his activitywith the program has evolved as his busi-ness has changed.

At one time he had a poultry operationalong with cattle and some crops. He’s nowout of the chicken business, concentratingon the cattle.

He also grows peanuts and peas and avariety of grains, some going to the cattleand some sold at market.

Based on his 11-plus years in the pro-gram, Carte said CARES has provided ex-

cellent data and record keeping.“There have been a lot of issues with

state regulations coming down,” he said.“The program has helped with complianceand gives us security in complying withthose regulations.”

A good deal of help for farmers hascome via the Natural Resources Conser-vation Service, a division of the Florida De-partment of Agriculture. Carte said he hasreceived some funding assistance throughthe NRCS for equipment purchases.

Eubanks said the CARES program hasspread to other areas through the state. Cit-rus farmers along the Indian River are nowinvolved as well as agricultural interestsnorth of Lake Okeechobee in Okeechobee,Highlands, Glades, Martin, Osceola andOrange counties.

There is also increasing interest in Polkand Hillsborough counties.

“We are doing more county-by-countyexpansion of CARES,” he said. “We envi-sion the program running from Homesteadto Pensacola.”

CARESFrom Page 7

FWC moving forward with plans to better manage species conservationBy BLBy BLBy BLBy BLBy BLANCHE HARDANCHE HARDANCHE HARDANCHE HARDANCHE HARDYYYYY, PG, PG, PG, PG, PG

T he Florida Fish and Wildlife Con-servation Commission is develop-ing a new conservation model to

manage and conserve Florida’s 60 imper-iled wildlife species in a manner that as-sures their long term survivability.

The new Imperiled Species Manage-ment Plan will employ measurable objec-tives and actions to manage species con-servation in Florida over the long haul.

FWC Chairman Kenneth Wright callsthe approach “smart thinking.”

The commission began developing theconcept in September of 2010 with thepublication of their new Threatened Spe-cies Management System rule. They initi-ated the program by conducting a biologi-cal status review for each listed species todetermine if they met the criteria to remainlisted as threatened, to remain or becomea species of special concern, or to be re-moved from the list.

In order to prevent duplication, the pro-cess combined federal- and state-listed spe-cies on a single list. Before a species canbe removed from the list, it must have a

commission-approved plan. However, to belisted, a species only needs to meet one offive criteria.

State-designated fish, frogs, reptiles,mammals and birds have received initialbiological reviews. Throughout 2013,FWC will be introducing draft managementplans for 60 of the 64 species on Florida’sresulting threatened and endangered list.

Three species, the Miami Blue butter-fly, the gopher tortoise and the Floridablack bear already have commission-ap-proved management plans and the PanamaCity crayfish plan is now under review.

FWC has assembled 49 teams workingin tandem on management planning. Theteams focus on the core threats and needsof each species. Recommendations willprovide details on the urgency of action,how and by whom actions should be imple-mented, and how the action will result inobjective achievement.

While conducting initial planning ef-forts, FWC staff realized many species hadcross connections within their range. Toaddress this issue, FWC will integrate the

results of the individual action plans intoone Imperiled Species Management Planby identifying common elements within theindividual plans.

The commission hopes the common el-ements may be tailored into specific actionsto address survival of all the listed species.

The Imperiled Species ManagementPlan will include habitat conservation,wildlife management, measurable objec-tives and associated schedules, possibleincentives, potential rule recommenda-tions, and consideration of economic andecological impacts.

In order to create a broad base of stake-holders capable of supporting conservationstatewide and to garner public support, astakeholder coordinator will facilitate pub-lic outreach and coordination, solicit inputand build partnerships.

Currently, FWC is supporting bothbroad and species-specific stakeholders.Initially, the stakeholder coordinator will

SPECIESContinued on Page 16


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data collection and monitoring, accordingto Engel. The funding for this multi-yeareffort, at least initially, will come fromdistrict’s reserve funds.

This proposed program will support animplementation schedule allowing an MFLdetermination for Wakulla Springs to be setwithin five years, followed by one to twoyears for rule adoption.

The St. Mark’s River Rise, another firstmagnitude spring within the WakullaSpring watershed, and the Floridan Aqui-fer in coastal Franklin County are also in-cluded on the top of the list for MFL deter-minations within a similar time frame,noted Engel.

Data requirements for establishingMFLs are formidable. According to Engel,NWFWMD has collected flow and leveldata for many years. However, additionalmeasurements and observations are stillneeded.

Some data will be available from theU.S. Geological Survey and the FloridaGeological Survey. Data from thosesources must be vetted before use.

Engel characterized hydrologic data forthe district’s water resources as sparse, andecological data as “nearly nonexistent.”

Some of the district’s 2013-2014 bud-get includes establishing data collectionand monitoring sites in the St. Mark’s andWakulla Springs watershed.

The 1972 law requiring MFL deter-mination tasked Florida’s five water man-agement districts with management, tech-nical and rulemaking tasks, but gave theFlorida Department of EnvironmentalProtection an oversight and consultingresponsibility.

The NWFWMD has not completelyignored the law requiring it to establishMFLs. It routinely submitted requests toDEP to delay. Apparently that was at leastaccepted by the department, if not ap-proved.

When the NWFWMD missed its 2012deadline to establish MFLs and proposed an-other delay—this time until 2023—an articlein Florida Currents rallied proponents to aconcerted effort to end the district’s evasionof its responsibility to set MFLs.

Those opposing more delays includeformer Florida Senator Bob Graham andnoted environmentalist Nathaniel Reedwho jointly authored a newspaper opinionpiece in the Tampa Bay Times sharply criti-cal of the failure.

A grassroots organization in the Pan-handle, the Wakulla Springs Alliance, is alsoactive locally putting pressure on the districtto protect the area’s springs and rivers.

A third group, the Florida Leaders Or-ganized for Water, have drafted the Flori-

dan Aquifer Sustainability Act of 2013,which they want the legislature to pass thissession.

When he took office several years ago,Gov. Rick Scott cleaned house at the wa-ter management districts, eventually ap-pointing new executive directors at all fivedistricts.

Douglas Barr, former long-time NWF-WMD executive director, explained hisdistrict’s lack of MFL rulemaking by say-ing that the district did not have the moneyto do the studies required. His district’sproperty tax levies could not be increasedto pay for the data collection and analysisneeded to establish MFLs for rulemaking.

The NW district’s millage rates are es-tablished in state law and the Florida Con-stitution.

Barr also noted that negotiations withGeorgia over Apalachicola River waterflows might have been undermined ifFlorida had set MFLs. He also said that itwould be ecologically counterproductiveto set MFL rules that modulated seasonalvariability and flows in Panhandle riversthat require large oscillations as an ecologi-cally usual occurrence.

The NWFWMD’s current managementseems to have little appetite to answer forits predecessors.

“We don’t want to speculate on the pri-orities and actions of previous district ad-ministrations,” noted Engel. “ However, wecan assure you that the district is now com-pletely committed to following the law bydeveloping a meaningful MFL program forour district.

“This commitment is demonstratedboth in our current and upcoming fiscalyear budgets, and by the realistic and at-tainable MFL priority list and schedule setby our knowledgeable staff.”

During the past months, the NWF-WMD has been the media poster child fora morality play explaining how not to dis-miss water resource management inFlorida.

Not only is the district being criticizedby influential environmental activists, Gra-ham recently criticized in detail severalwater management districts for cutting bud-gets and firing senior staff members re-sponsible for aquifer and surface water ruleenforcement and management.

Specifically, he noted that the St. JohnsRiver Water Management District had re-duced its enforcement budget by a third,and had laid off some of its most knowl-edgeable senior enforcement officials as aresult of those cuts.

Environmental advocates are no longerafraid to use political garlic to drive off thecurrent “no money” zeitgeist and are ex-periencing some level of success with thisremedy, most recently in the Panhandle.

MFLFrom Page 1

CORALContinued on Page 15

Mote Lab: Use of dispersants to save reef from spilled oil not the answerBy ROBy ROBy ROBy ROBy ROY LY LY LY LY LAUGHLINAUGHLINAUGHLINAUGHLINAUGHLIN

A team of Mote Marine Laboratoryresearchers, using two species ofreef-building corals from the

Florida Keys, conducted a series of experi-ments to test the survival of coral larvae,or planula, when exposed to oil alone, theoil dispersant Corexit 9500 and a combi-nation of oil plus Corexit.

They found that the combination of oildispersed with Corexit reduced planula sur-vival of both coral species much more thaneither oil or oil dispersant alone.

The investigators, led by KimberlyRitchie, PhD, senior scientist and managerin the lab’s Marine Microbiology Program,used weathered Deepwater Horizon oil col-lected during 2010. Mote researchers alsotested Corexit 9500, one of the oil dispers-ant formulas used during the spill.

The planula larvae of two differentcoral species found in the Keys were ex-posed for up to 72 hours and observations

of survival and settlement were made daily.Oil concentrations in the water were mea-sured using gas chromatography.

The concentrations of water-accommo-dated fractions of oil varied from 320 partsper billion to 1.5 parts per million and weredifferent for the two species tested, reflect-ing their differential sensitivity to oil.

The researchers tested similar amountsof oil mixed with Corexit 9500 and twoconcentrations of Corexit alone, 25 and 50ppm.

The two coral species were Poritesasteroides and Montastraea faveolata.Ecologically, the two species are quite dis-tinct. P. asteroides is an early recolonizerafter disturbance. M. faveolata is a muchmore massive coral that is very importantin building reefs.

Ritchie noted that the differences in sen-sitivity between the two coral species tooil and dispersants are similar to differ-ences in sensitivity to other environmentalstressors.

P. asteroides , which broods its larvae,was less sensitive to oil and is typically lesssensitive to other stressors such as diseaseand physical factors. M. faveolata, a broad-cast breeder, is more sensitive to oil and toother natural stressors.

Although Deepwater Horizon oil wasused, the current experiments were not anattempt to replicate exposure from thatevent.

“As described in the paper, the expo-sures of concern were based upon a dis-persed oil spill trajectory model suppliedby NOAA’s Hazardous Materials Response

Division for spill research in the SantaBarbara channel and Chesapeake Bay,”noted Ritchie.

At least during three days, planulas ofthese two species of coral were not nota-bly sensitive to oil alone.

The short-term toxicity of Corexit 9500was significant. What was particularly no-table was the toxicity of the mixture of oiland Corexit 9500. The combination wasmuch greater than the toxicity of either


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October 16-17, 2008

Orlando

See Page 13 for details.

September 2008

Volume 30, Number 9

What is up?

Fill us in on your organization’s new programs

and projects—anything of interest to environmen-

tal professionals around the state of Florida. Cor-

respondence should be sent to P.O. Box 2175,

Goldenrod, FL 32733. Call us at (407) 671-7777;

fax us at (407) 671-7757, or e-mail us at info@enviro-

net.com. Thanks for your input!

Departments

Calendar

15

Classifieds

19

Federal File

2

Florida Notes

3

Letters to the Editor

13

Perspectives

14

Water Watch

4

Address correct?

If your mailing label is inaccurate or incomplete

in any way, please contact us with your current in-

formation at the address above. We appreciate your

assistance in helping us keep our circulation data-

base as up-to-date as possible.

P.O

. Box 2

175

Gold

enro

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2733

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Photo by John Crowe, Northwest Florida Water Management D

istrict

Water quality and aquatic habitat on St. George Sound are expected to

benefit from a sto

rmwater treatment system, sh

own above during construction,

designed by the Northwest Florida Water Management District. Stormwater that.

Environmental laboratories

Every August, we take a close look at the envi-

ronmental lab business.

This year’s issue includes our “state of the biz”

article on the cover, the possibility of streamlining

PT requirements for labs on Page 9, a labs-eye

view of testing for pharmaceuticals on Page 9 and

a change ahead on the DEP’s QA program rule on

Page 10. In addition, our annal directory of environ-

mental labs serving the state begins on Page 6.

Peace River in trouble12

The withdrawal of about 250 million gallons per

day in Polk County, and between 650 million to 1

billion gallons per day across a five-county area

has depleted the flow of the Peace River substan-

tially. Viewpoints differ as to the best way to ap-

proach the restoration effort.

MIA goes green

19

Miami International Airport has become the first

airport in the country to be certifie

d for its green

management practices. The priamry component of

the airport’s environmental program is the ISO

14001 certification. MIA is the firs

t airport in the

U.S. to obtain such certification.

MILL

Continued on Page 13

International Paper’s wastewater permit heads

off to administration hearings, again

By MELBy MELBy MELBy MELBy MELORA GRA

ORA GRA

ORA GRA

ORA GRA

ORA GRATTTTTTTTTTANANANANAN

In July, officials w

ith the Florida De-

partment of Environmental Protec-

tion released a notice of intent to

grant International Paper Co. a permit

that would allow its Cantonment mill in

Escambia County to discharge indus-

trial effluent into wetlands near Perdido

Bay.The permit has been challenged by

members of the same environmental ad-

vocacy group that opposed a similar no-

tice of intent by DEP three years ago.

Two petitions for administrative

hearings were filed in August by Friends

of Perdido Bay Inc. and the individuals

James Lane and Jacqueline Lane.

These petitions have been consoli-

dated into a single case that will be heard

by Administrative Law Judge B.D.E.

Canter.

“Judge Canter has requested that

each party respond to him by Aug. 25

with dates they are available for a mo-

tion hearing/pre-hearing teleconfer-

ence,” said Dee Ann Miller, a DEP

spokesperson.

Friends of Perdido Bay is a non-profit

organization that represents r

esidents

in Florida and Alabama who want to pro-

tect and preserve the ecosystems of the

Perdido Bay watershed, as well as any

surrounding waterways and land that

impacts the bay.

“FOPB and its members w

ill be sub-

stantially affected by the proposed

agency actions because of the adverse

impact the actions will have on Tee and

Wicker Lakes and Perdido Bay,” said one

of the August p

etitions.

“The proposed agency actions will

harm the water quality of Perdido Bay

and Tee Lake and Wicker Lake, which

will negatively affect th

e use and em-

ployment of these waters f

or fishing,

swimming and other recreational pur-

poses, and the health and welfare of

FOPB’s members,”

it continued.

The statement went on to say that

fish and other wildlife will e

xperience

harmful effects as well.

International Paper’s plan involves

constructing a pipeline spanning 10

miles to discharge the wastewater in

to

wetlands that are close to the lower por-

tions of Eleven Mile Creek and Perdido

Bay.The wetlands flo

w into the creek and

through the two previously mentioned

lakes and into the bay.

After the FOPB challenged the ini-

tial permit in 2005, DEP denied it l

ast

August saying that In

ternational Paper

failed to show that the wastewater

would not adversely affect the wetlands.

While FOPB is saying that the new

permit is merely a slig

htly altered repeat

of the firs

t one, DEP and International

Paper maintain that the diffe

rences are

significant.

“There were no changes to the en-

gineering and design of the wastewater

treatment system and no changes to

the

wetland distribution system other th

an

removing approximately 200 acres from

contact with IP’s efflu

ent,” said a peti-

tion by Jacqueline Lane to dismiss t

he

permit altogether. “There were no

changes in quality or quantity of efflu

-

ent being applied to the wetland.”

The petition went on to say that IP

also failed to provide information that

would prove the wetlands would not be

damaged.

Both International Paper and DEP

have disputed this claim of sa

meness.

In its response to Lane’s p

etition to

dismiss t

he suit, International Paper said

the second application could only be

PERMIT

Continued on Page 16

DEP gives go-ahead to

Georgia-Pacific mill p

ipeline

By PRAKASH GANDHI

By PRAKASH GANDHI

By PRAKASH GANDHI

By PRAKASH GANDHI

By PRAKASH GANDHI

State regulators are defending

their decisio

n to give the green

light to a controversial pipeline

that some environmental groups believe

will harm the environment.

The Florida Department of Environ-

mental Protection has given the go-

ahead for construction to start on a

wastewater pipeline from a Georgia-Pa-

cific paper mill t

o the St. Johns R

iver

despite concerns from environmental

groups.

Some environmental activists want

to continue the fight against the mill o

ut-

side Palatka whose wastewater would

flow downstream toward Jacksonville.

The groups have also criticized DEP

for making an agreement with the mill

years ago that led to a court order man-

dating the construction.

DEP officials sa

y they don’t have a

choice about whether the pipeline

should be built. The industria

l waste-

water will b

e dispersed more quickly

because of how it will b

e released near

the river bottom, they say.

Building the four-mile pipeline would

allow Georgia-Pacific stop discharging

into Rice Creek. But environmentalists

say it would also mean diluting the

wastewater in the river, which flows to

Jacksonville.

Some years ago, the company signed

an agreement and made $200 million

worth of upgrades prescribed by the

state and by paper mill specialists

from

the U.S. Environmental Protection

Agency.

Facilities that violate clean water

standards are normally allowed to keep

operating while they develop improve-

ment plans.

But the wastewater is still

too dark

and high in salt content to remain in the

creek, according to an analysis the com-

pany provided to DEP in June.

Excessive saline can harm some fish

in a freshwater creek, and water th

at’s

too dark can affect underwater plants

that need light to survive.

DEP spokeswoman Jodi Conway

said the construction of th

e pipeline is

authorized in the department’s e

xisting

administrative order executed in 2002,

which was part of an open permittin

g

process that included critic

al scientific

review, public input and an administra-

tive hearing.

She said that while Rice Creek flows

directly into the St. Johns River, it

is a

small water body and its f

low is not large

enough to assimilate the facility

’s dis-

charge and still achieve water quality

standards—a fin

ding confirmed by the

Georgia-Pacific water quality report sub-

mitted in June.

She said the St. Johns has a much

larger flow volume and the capacity to

achieve compliance with water quality

standards.

With the relocation of the discharge,

the overall loading to the St. Jo

hns River

will not change, Conway said. “GP will

meet water quality standards in the river

and Rice Creek can be restored,” she

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hns River th

at’s al-

ready underway.

The study will m

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When assessing urban water shortage vulnerability, infrastructure mattersBy ROBy ROBy ROBy ROBy ROY LY LY LY LY LAUGHLINAUGHLINAUGHLINAUGHLINAUGHLIN

I nfrastructure that efficiently stores,imports or extracts water from aqui-fers makes a huge difference in U.S.

urban areas’ vulnerability to water short-ages.

The usual methods of evaluating therisk of shortage include runoff measure-ments and hydraulic methods. They typi-cally characterize a higher level of risk ofwater shortage than is actually occurringbecause they fail to factor in the role ofinfrastructure in effective water supplymanagement.

This is the conclusion put forth in a re-cently published research paper authoredby James Jawitz, assistant professor of En-vironmental Hydrology in the Soil and Wa-ter Science Department at the Universityof Florida in Gainesville and JuliePadowski, a postdoctoral researcher atStanford University in Palo Alto, CA.

The researchers compiled data from avariety of sources to characterize waterscarcity in 225 U.S. metropolitan areas withpopulations over 100,000 people. The dataincluded that used to characterize waterrunoff and hydraulic characteristics of theregion.

The researchers concluded that only 10of 225 of the U.S.’ major urban areas couldbe characterized by their combined meth-odologies as “at high risk” of water short-ages.

Miami was the only city in Florida tohave a high risk rating. California had morecities at risk than any other state.

Although the humid subtropical climatein Florida delivers plenty of rain during thewet season, lack of sufficient water stor-age sites puts Miami and other Florida ar-eas at risk of water shortage, at least sea-sonally.

“It is because of these constraints thatmost of Florida is designated by the FloridaDepartment of Environmental Protectionas water resource caution areas,” wroteJawitz in an e-mail describing his team’sresearch.

“Many non-Floridians think of us aswater rich, but our results for Florida cit-ies were (in our opinion) consistent withthe current constraints,” he commentedfurther, explaining the paradox betweenpublic perception and reality regardingwater shortages.

The difference between the results ob-tained by using the different evaluationmethods and public perception of watershortages is a common thread throughoutthis work. Different methods of evaluatingshortage risk give markedly different re-sults.

A risk assessment based only on waterrunoff—the amount of water delivered byprecipitation minus evaporation—suggeststhat 47 percent of the 225 major U.S. ur-ban areas are at risk of water shortages.

When hydraulic components were in-cluded in the analysis, the number of at-risk cities decreased to 17 percent.

Even when the models were run underthe low flow conditions of drought, 66 per-cent of the population in cities was at riskof water shortages under the runoff evalu-ation compared to 54 percent estimatedfrom hydraulic-based methods.

When the researchers included infra-structure that allowed extraction importa-tion and storage of water for urban watersystems, only 10 of 225 cities were in thehigh risk category.

Professional researchers may be com-fortable with numbers like these, but theresearch team also asked how closely theirresults corresponded to public perception.

They analyzed 30 years of archivednews stories for cities across the countryand found that, in general, local newssources do not have a long history of sto-ries regarding water shortages in urban ar-eas.

From this, they conclude that infrastruc-ture has provided a reliable and persistentsource of water to U.S. urban areas. Thenumber of articles increased in proportionto the severity of water shortages in thosecities where shortages occurred, usuallybecause of drought.

The best correlation between “socialmedia” evaluations and numeric modelingmethods occurred with the hydraulic-basedapproach. The authors suggest that hydrau-lic methods are more useful for evaluatingcurrent water availability status for Ameri-can cities that have adequate water man-

agement infrastructure.As a result of climate change and in-

creasing population growth, recent reportsand scholarly analyses typically paint a lessthan rosy picture of abundant—or even ad-equate—U.S. water resources for the re-mainder of this century and beyond. This

study does not contradict dire warnings offuture shortages.

But it does show how substantially in-frastructure contributes to effective manage-ment of current water resources to avoidshortages, and suggests that rational prepa-ration for climate change can be beneficial.

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component alone.According to Ritchie, the primary value

of this research is that it is some of the firstto provide toxicity information for corallarvae exposed to oil mixed with a dispers-ant, Corexit 9500. The experimental resultsshow little benefit to dispersing oil thatwould not contact and smother coral.

“Managers and responders have to miti-gate (an oil spill that threatens a reef),” shesaid. “If the spill were near a reef, I wouldtry to keep them from using dispersants.”

In the simple case characterized bythese experiments, not dispersing oil thatwouldn’t otherwise contact coral appearsto be the best course of action, at least inthe short term, to protect Florida’s coralreefs in the event of an oil spill.


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servation easement placed on the rest ofthe property to make up for wetlands dam-age from the development, which KoontzSr. agreed to do. But he refused to modifyhis project or propose any other mitigation.

District officials said they were follow-ing rules set by DEP that said for every acreof wetlands damaged, there had to be 10acres of mitigation.

The applicant sought compensationfrom the court on the grounds that thedistrict’s decision constituted a taking. Butdistrict officials said nothing was takenfrom the petitioner when the permits weredenied.

“He spent no money, time or labor per-forming any mitigation,” said the districtin a statement about the case on its web-site. “In short, he suffered no loss for whichhe is entitled to compensation.”

District officials said that contrary tothe petitioner’s characterization, the districtnever required him to perform any particu-lar form of mitigation.

Brian Hodges, an attorney with the Pa-cific Legal Foundation, which is represent-ing Koontz, could not be reached for com-ment.

WETLANDSFrom Page 9

address the broad-based stakeholders whilethe 49 species-specific teams will workwith species-specific stakeholders and thecoordinator.

As planning progresses, FWC willgradually integrate all the stakeholders andthe public into a cohesive support group.

FWC hopes to engage stakeholders andcomplete all the species action plans by thesummer of 2013. This data will be used todevelop integrated conservation strategiesby the spring of 2014.

Draft rulemaking and the developmentof an implementation-focused species man-agement plan are scheduled to be com-pleted by this fall with the final plan andproposed rules presented for commissionconsideration in the spring of 2014.

SPECIESFrom Page 13

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Services. Look for more proposed changesto Florida’s fertilizer statutes that will re-flect current manufacturing capabilities andimprovements in fertilizer technologies.There is also some talk about possible statepreemption of local control over fertilizermanagement.

Of course, the Big Dog involving bothDEP and DACS will continue to be newplans for Everglades restoration. Multipleparties are working to develop an Ever-glades restoration program subject to re-view by the federal court with ongoing ju-risdiction. Legislative funding will likelybe used for several additional land pur-

chases, for use of stormwater treatmentareas to remove phosphorus, as well as forthe implementation of best managementpractices on over one-half million acres ofassociated lands.

EnergyRecall that in 2011, the Legislature ap-

proved the transfer of the State EnergyOffice from under the governor’s domainto DACS. However, no comprehensiveenergy legislation is expected during theupcoming session.

SB 560 (HB 579) would expand pilotprograms that convert vehicle fleets tonatural gas. HB 4001 proposes a contro-versial repeal of the state requirement thatgasoline contain about 10 percent ethanol.

Even more contentious might be HB4003 which would repeal Florida’s nuclearcost recovery law. Delayed decisions byelectric utilities on building new nuclearpower plants, even while collecting moneyfrom customers for planning and licensing,has sparked debate over this issue.

Some solar energy project managerscontinue to advocate for legislation thatwould require utilities to pay more for re-newable energy. Don’t hold your breath onpassage of any of these measures, since alack of interest in energy legislation con-tinues to exist in the Florida Senate.

The timing on the pre-session filing ofHB 431 on oil and gas exploration mightnot have been great with the BP Deepwa-ter Horizon civil trial kicking off in NewOrleans during the last week of February.This bill would have encouraged compa-nies to conduct exploration for fossil fuelsin the Blackwater River State Forest innorthwest Florida.

Predictably, opposition from environ-mentalists in that area quickly mobilizedwith claims that drilling would threaten sen-sitive forest habitat. News editorials in op-position and a petition signature collectioninitiative soon followed. Not coinciden-tally, the sponsor then withdrew HB 431from further consideration.

MiscellaneousYou will recall that the big growth man-

agement law changes were made in 2011.Last session, the bloom was off that roseso as to allow cities, counties and develop-ers to consider and adjust to the sweepingstatutory changes made in 2011.

Indications are that most legislators stillfeel the same way in 2013. But don’t lookfor a lot to happen on this subject. Thatsaid, SB 786 would create a pilot programin Jacksonville, Miami, Tampa, Hialeah,Pinellas County and Broward County forexpedited approval of comprehensive planamendments.

HB 415 (SB 554) contains certain re-visions to select components of Florida’sbrownfields laws. The bills are supportedby the Florida Brownfields Association.

Changes are proposed to tax exemptionprovisions, procedures for designation ofbrownfield areas by local governments, andrelief of liability for property damages forentities that execute and implement certainbrownfields site rehabilitation agreements.

Several water-related bills have alsobeen advancing through committees. SB244 addresses the issuance of minimumflows and levels when a water project af-fects adjoining water management districts.This bill was proposed but failed passagein 2012.

SB 364 (HB 109) would allow forlonger consumptive use permit durationsof at least 30 years for alternative watersupply development, including for thosefacilities financed by bonds that are stilloutstanding. The intent is to allow waterutilities to reduce the cost of bonding theseprojects and to then pass recent savings onto utility ratepayers.

Finally, a couple of bills which dealwith the proposed purchase of state landsare also generating some buzz. HB 33 (SB466) would authorize individuals and cor-porations to submit requests to the Boardof Trustees of the Internal ImprovementTrust Fund to exchange state-owned landfor conservation easements over privatelyheld land and provides criteria for consid-eration of such requests.

SB 584 (HB 901) relates to the pur-chase of land by a governmental entity andlimits the state, a county and a mun-icipality’s ability to purchase land for con-servation purposes. Some environmentalinterests have expressed concern that thesebills could have an adverse effect on stateand local land conservation programs.

The above pre-session snapshot is notintended to be exhaustive or comprehen-sive.

Remember, this is the Florida Legisla-ture so there are always surprises waitingaround the bend. If you are among the faith-ful watching and praying for the successof that other conclave taking place inVatican City, you should also consider add-ing a few Hail Marys for the well beingand wisdom of our elected representativesin the Florida Legislature.

Amen.Bill Preston practices statewide envi-

ronmental law from his offices in Tallahas-see, FL. He can be reached at [email protected].

PRESTONFrom Page 10

florida cabinet extends 30-year no-bid land

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