GLOBAL RISK BASED CORRECTIVE ACTION (RBCA) AND OTHER CLEAN-UP CRITERIA RULES

– On December 7, 2004, the DEP briefed the Environmental Regulation Commission (ERC), in Tallahassee, on proposed Rule 62-780, Florida Administrative Code (F.A.C.), Contaminated Site Cleanup Criteria (commonly referred to as “Global RBCA”) and on revisions to the following rules:
62-770, Petroleum Contamination Site Cleanup Criteria
62-777, Contaminate Cleanup Target Levels (CTLs)
62-782, Drycleaning Solvent Cleanup Criteria
62-785, Brownfield Cleanup Criteria
One issue that was discussed was the requirement to provide notice to nearby property owners when contamination has migrated onto their property. Other issues presented include additivity (the summation of the toxic effect of multiple contaminants) and apportionment (adjustment of CTLS for individual contaminants to compensate for additive effects of mixtures). These rules are scheduled for adoption at a hearing before the ERC on February 24, 2005.

WETLAND RESTORATION WEBSITE

- As part of an ongoing commitment to improve services the DEP launched a website, on October 26, 2004, that is intended to increase access to online environmental news, science and information. The Florida Wetland Restoration Information Center provides government, businesses and organizations with information that allows the person to research wetland restoration processes and identify funding assistance. The website includes a library, a section on wetland policy and programs, guidance on restoration, funding opportunities and the Florida Ecological Restoration Inventory, which provides a comprehensive list of current and proposed restoration projects. Visit the Site at http://www.dep.state.fl.us/water/wetlands/fwric

APALACHICOLA-CHATTAHOOCHEE-FLINT RIVER BASIN WATER ALLOCATION

- Following the expiration of the Apalachicola-Chattahoochee-Flint (ACF) Compact on August 31, 2003, Florida, Alabama, Georgia, and the Army Corps of Engineers, among others, have been engaged in litigation in three federal district courts – and now in the 11th Circuit and D.C. Circuit – over the Corps’ operation of federal reservoirs in the ACF River Basin. The following is a brief summary of the status of this litigation.

     In the 11th Circuit, Georgia v. United States Army Corps of Engineers, Case No. 2:01-CV-0026-RWS, Georgia has asked Florida and Alabama whether they will support Georgia's proposed "motion to consolidate appeals" from the Georgia court's abatement order and the Alabama court's preliminary injunction; Gwinnet County has moved to abate the Alabama litigation pending appeal. In Alabama v. United States Army Corps of Engineers, Case No. CV 90-BE-1331-E (N.D. Ala.), Judge Karon Bowdre entered an order lifting her stay of those aspects of the Alabama litigation still under her jurisdiction pending appeal, set a January 7 deadline for plaintiffs to file motions to amend the complaint, and set a February 21 deadline for responsive pleadings. Florida sent the Corps and other federal agencies a 60-day notice letter under the Endangered Species Act (ESA), indicating its intention to commence an action pursuant to the ESA. Finally, in the D.C. Circuit, Southeastern Federal Power Customers, Inc. v. United States Army Corps of Engineers, Case No. 04-5143, the Florida and Alabama joint reply brief is due December 23. Oral argument in this case is scheduled