Impaired Waters Rule

     On May 13, 2002, Administrative Law Judge Stuart Lerner issued a 368 page final order concluding that the Impaired Waters Rule, proposed Chapter 62-303, was a valid exercise of delegated legislative authority. The proposed rule was challenged by 6 public interest groups and 2 individuals. Judge Lerner ‘s detailed order addresses virtually every aspect of the rule including a review of pertinent case law on rulemaking and rule challenges.

     Florida’s new Impaired Waters Rule requires that water bodies scientifically verified as impaired be targeted for restoration. Additional water bodies are added to the list if impaired. Each of the impaired water bodies will then be further assessed to determine the amount of pollution that it can absorb, over time, without becoming unhealthy. This is known as a Total Maximum Daily Load (TMDL). After a TMDL is established the water body can be restored.

     As directed by Florida law, the Department began working on the Impaired Waters Rule in 1999. From then, until the rule’s approval by the Environmental Regulation Commission (ERC) approximately one year ago, substantial public interest prompted useful comments. After Judge Lerner’s ruling, the Department filed the rule certification package with the Department of State for publication. At least one party has appealed Judge Lerner decision to the First DCA.

St. Mark’s Refinery

     The Department began clean up at this closed refinery site the week of June 10, 2002. The refinery was built in 1954 and processed crude oil for jet fuel and asphalt. The Houston-based American International Petroleum Corp now owns the site. The Department plans to remove empty petroleum storage tanks and test the contents of other tanks and of a waste pit that appears to contain asphalt. A complete clean up of this facility could take up to 8 years to complete. The petroleum and hazardous substance contamination is not an immediate threat to drinking water because homes in the area use city water, but it is a potential threat to the St. Marks River. The Department will be seeking cost recovery from several parties responsible for the contamination.

Houseboat Row

     These live aboard houseboats were illegally moored at the seawall in Key West on sovereign submerged lands. After several years of litigation, they were all finally removed in May 2002. An abandoned boat, docks, pilings, cleats and other debris are currently being removed after which this area of the bay can be restored to its natural state. The Houseboat Row residents were provided with an alternative location to dock their houseboats.

Everglades Funding Bill

     The Department joins Florida’s environmental advocacy community in applauding Governor Bush’s recent signing of a bill that will make up to $800 million of funding available to restore America’s Everglades. House Bill 819, now 2002-216, Laws of Florida, allows Florida to meet its funding commitment to the Everglades. The Department would have preferred the Governor’s original funding proposal which would have put $250 million in cash directly into the Everglades Restoration Trust Fund and provided additional bonding authority. However, given budget constraints and other legislative priorities, the Department welcomes this alternative to meet Florida’s Everglades funding commitment.

     There are a couple of statewide environmental organizations and a handful of editorial writers who opposed the bill for fear that it may impede the ability of Florida residents to legally challenge environmental permits issued by this department. However, careful reading of the law indicates that it will have no material effect on the ability of citizens to challenge any environmental permitting decision. For example in the past year, only 4 of the more than 26,000 permits issued, might have been affected by the new law.

Revisions to Contaminant Cleanup Target Level, Petroleum, Drycleaning and Brownfield rules

     The Department held a public workshop on May 7, 2002, to discuss proposed modifications and amendments to Rule 62-777, Contaminant Cleanup Target Levels and the associated program rules that are affected by this rule. The associated rules include Chapters 62-770, (petroleum) 62-782 (drycleaning solvents) and 62-785 (brownfield). Written comments were due June 14, 2002. Another workshop is scheduled for November 2002, after which the rules will be presented to the Environmental Regulation Commission (ERC).