Everglades Water Quality Standard Proposed

After extensive research and public workshops, the Department of Environmental Protection proposed a phosphorous water quality standard of 10 parts per billion to the Environmental Regulation Commission (ERC) on Dec. 11, 2001. The Department is required to propose a phosphorus standard for the Everglades pursuant to Section 373.4592(4)(e)2., Florida Statutes. The proposed standard ensures future progress and demonstrates Florida’s long-term commitment to restoring water quality in the Everglades. The seven member ERC meets monthly on the fourth Thursday of every month. The ERC will consider the Department’s proposed standard over the next several months, with adoption of a standard in Section 62-302.540, F.A.C., scheduled for October 24, 2002.


Florida DEP’s involvement assists with CCA reforms

On February 12, 2002, the U.S. Environmental Protection Agency (EPA) announced a voluntary decision by industry to phase out the production of CCA (chromated copper arsenate) treated wood for residential uses by December 31, 2003, in favor of new alternative wood preservatives. CCA can pose a health risk to children who play on it, and to carpenters and consumers who saw or burn it. However, the EPA is not recommending removing residential CCA structures. For more information on the risks of CCA and what to do with any CCA on your property go to EPA’s web site at http://www.epa.gov/pesticides/citizens/
cca_transition.htm#bkmrk1

DEP has focused on this issue through research and education over the past several years and is proud to be part of this significant pollution-prevention victory. On February 22, 2002, EPA announced a comment period for registrants under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), who will be affected by EPA’s new CCA policy. The comment period ends March 25, 2002.


Agreement in principle reached for Tri-State water allocation

In January 2002, representatives from Florida, Georgia and Alabama reached an agreement in principle that, if finalized, would allocate water in the Apalachicola, Chattahoochee, Flint River (ACF) basin for the next 50 years. The agreement would provide the Apalachicola with an abundance of water during wetter months and a sustainable level during drier periods, including droughts.

The ACF Commission met March 13 and will meet again March 18 to attempt to finalize terms of the agreement. If the parties are unable to reach a finalized agreement, the issue will likely be litigated. If the ACF Commission votes unanimously to accept the agreement, a 60-day public comment period would be available, during which the agreement may be modified. At the conclusion of the public comment period, the three governors must sign the agreement and submit it to the federal commissioner, who has 255 days to review and modify it. If the commissioner accepts the agreement or takes no action, the allocation formula would become federal law.


Key West’s Houseboat Row Clean Up Moves Forward

On February 20, 2002, DEP mailed certified letters to 18 Houseboat Row residents, notifying them that they are in violation of a court ordered eviction and should be off of the property by 5:00 p.m. on Friday, March 22, or face a $100 per day fine. As of March 8, two boats have moved since receiving the letters. The Department and the City of Key West have been concerned that unmanaged live-aboards contribute to declining water quality in the Keys. The city and the state have worked together, at great expense, to provide Houseboat Row residents with an alternative location at Garrison Bight Marina. The above notification is the culmination of years of litigation between DEP, the City of Key West, and the residents of Houseboat Row. Moving these structures will assist state and city officials in work to restore this area of the bay to its natural state.


MANASOTA-88, INC. v. IMC-PHOSPHATES COMPANY AND DEP (and related petitions filed by Charlotte County and Desoto Citizens Against Pollution, Inc., and Alan Behrens), DOAH case# 01-1080, 81 & 82

The above petitioners challenged the Department’s Intent to Issue IMC an Environmental Resource Permit (ERP), which authorizes phosphate mining, reclamation, and associated activities on property in Manatee County, Florida. Administrative Law Judge (ALJ), Charles A. Stampelos, held a final hearing July 24 through August 21, 2001, in Bradenton, Florida. Judge Stampelos issued a Final Order on March 8, 2002, upholding DEP’s determination that IMC provided reasonable assurance that its proposed phosphate mining activities would not violate Chapters 376 and 403, Florida Statutes and the rules passed thereunder. The ALJ, considering what he termed a “special session” of public testimony on August 7, 2001, also held that the issuance of the permit is not contrary to the public interest. The Final Order issues the ERP permit with the additional condition that financial responsibility requirements be completed 30 days before mining operations begin.