DEP’S NEW GENERAL COUNSEL – On August 23, 2004, Secretary Colleen M. Castille appointed Gregory M. Munson as the Department’s new General Counsel.  Munson replaces Teri Donaldson, who departed the agency two months ago.  Munson previously prosecuted cases for the U.S. Department of Justice as an Assistant U.S. Attorney for the Southern District of Florida.   Prior to that, he served three years in Governor Jeb Bush’s Office of General Counsel, where he worked on numerous environmental issues.  As a decorated United States Air Force Captain, Munson spent six years in the Air Force and served as the Mission Director on RC-135 intelligence-gathering aircraft.  Munson received a Bachelors Degree in Psychology from the United States Air Force Academy and holds a law degree from Vanderbilt University. 

HURRICANE EMERGENCY FINAL ORDERS – The Department entered three emergency final orders following hurricanes Charley, Frances and Ivan pursuant to Sections 120.569(2)(n) and 252.36, Florida Statutes, that provide relief from the Department’s regulatory requirements to protect public health, minimize environmental hazards and accelerate restoration in areas damaged by the storms.  The orders apply to actions required to address emergencies created by the hurricanes, and require field authorizations from local DEP officials.  Please refer to the orders before proceeding and be aware that any violation of the orders is a violation of Florida law.  Generally, the orders are in effect for 60 days and address the following types of eligible facilities and activities: 

·       petroleum storage tank systems, water and wastewater plants, and collection and distribution systems;

·       solid waste management facilities;

·       open burning;

·       air pollution sources other than open burning;

·       asbestos clean-up;

·       environmental resource, dredge and fill and surface water management activities;

·       activities seaward of the coastal construction control line(CCCL) or the fifty-foot setback line or landward of the mean high water line; and

·        use of sovereign submerged state lands for the two proceeding activities.

The emergency authorization for Charley covers hurricane recovery activities across 15 counties - Brevard, Charlotte, Collier, Desoto, Hardee, Highlands, Lake, Lee, Manatee, Orange, Osceola, Polk, Sarasota, Seminole and Volusia counties.  The order regarding Hurricane Charley can be found at http://www.dep.state.fl.us/mainpage/em/charley.htm

     The emergency authorization for Frances covers hurricane recovery activities across 23 counties - Brevard, Broward, Citrus, Glades, Hardee, Hernando, Highlands, Hillsborough, Indian River, Lake, Manatee, Marion, Martin, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, St. Lucie, Seminole and Volusia counties.  The order regarding Hurricane Frances can be found at http://www.dep.state.fl.us/mainpage/em/frances.htm

As of September 17, 2004, the emergency authorization for Ivan covers hurricane recovery activities across 8 counties - Bay, Escambia, Franklin, Gulf, Okaloosa, Santa Rosa, Washington and Walton counties.  Other areas may be added to the Order as tropical weather continues to impact the state.  The order regarding Hurricane Ivan can be found at http://www.dep.state.fl.us/mainpage/em/ivan.htm

LAKE BUTLER APPEALS – A citizen group named Butler Chain of Concerned Citizens (BCCC) filed two appeals challenging a Final Order issued by the Department on August 2, 2004, after an administrative hearing conducted in December 2003.  BCCC’s appeals concern a May 2003 Consent Order between Windermere Botanical Garden (WBG) and the Department that addresses violation of wetlands, surface water, and sovereign submerged lands issues in Lake Butler, in Orange County, Florida .  The administrative law judge (ALJ) concluded that the project conducted by WBG did not contribute to water quality degradation in Lake Butler and in the long run, would improve the water quality in that Lake.  The ALJ also concluded that BCCC did not have standing to challenge the Consent Order because BCCC did not meet the first prong of the three-pronged test established in Agrico Chemical Co. v. Dept. of Environmental Regulation, 406 So. 2d 351 (Fla. 1982) – the petitioner’s substantial interests were not adversely affected by the proposed agency action.   

     On August 20, 2004, BCCC appealed the Department’s Final Order to the Florida Land and Water Adjudicatory Commission (FLWAC) and Board of Trustees of the Internal Improvement Trust Fund (BOT).  On September 8, 2004, DEP filed a Motion to Dismiss for Lack of Jurisdiction and Statement in Opposition to Jurisdiction with FLWAC and the BOT.  On August 31, 2004, BCCC also appealed the Final Order to the First District Court Appeal.

TALLEVAST CONSENT ORDER – On July 29, 2004, Lockheed Martin entered into a Consent Order with the Department that requires Lockheed Martin to assess and clean up pollution stemming from the former American Beryllium Company site in Tallevast, Manatee County.   While Lockheed Martin was not the cause of the pollution, its assumed responsibility for the site upon its purchase of the property close to a decade ago.  The Order requires the company to design and implement a Site Assessment Plan that will delineate the full extent of soil and groundwater contamination on and around the site.   Upon completion and approval of the site assessment report, Lockheed Martin is required to submit a Remedial Action Plan within 90 days, which defines the schedule and procedures for cleaning up the pollution at the site.  Other conditions of the Order include a requirement to fund a review of soil and groundwater assessments by a third party expert selected by the Tallevast community group, FOCUS, and reimbursing the State more than $150,000 it incurred in a recent site investigation.  Earlier in July, DEP completed an independent environmental assessment of the area that pinpointed pollution sources in the Tallevast area.  The resulting analyses identified a larger plume of solvents emanating from the American Beryllium facility than originally delineated by Lockheed’s consultants.  DEP is working with the Department of Health and Manatee County Health Department to conduct an environmental and health assessment in the Tallevast area.   The U.S. Environmental Protection Agency is providing the State with technical and scientific support and will monitor the clean up.