By BILL KACZOR (AP)
November 16, 2009
--------------------
TALLAHASSEE, Fla. — The federal government will attempt to set Florida's water pollution standards — the first time it'll try that for any state — under an agreement approved Monday.
U.S. District Judge Robert Hinkle rejected objections from state and local government agencies as well as agriculture and business interests. They had argued the agreement would result in hastily drawn, unscientific rules and that complying with them would be too costly as taxpayers and businesses cope with the recession.
In approving the consent decree between five environmental groups and the federal Environmental Protection Agency, Hinkle noted that it allows for delays in the rule-making process to make sure regulations are proper. He said other objections are premature and must wait until after the proposed regulations have been drafted.
"This consent decree does not require an invalid regulation," Hinkle said at the end of a two-hour hearing. "This is a reasonable compromise."
The environmental groups had sued EPA, arguing it had a duty to step in under the federal Clean Water Act. They argued the Florida Department of Environmental Protection hadn't complied with a 1998 EPA decision that states should set numerical limits for nutrients in farm and urban runoff.
That pollution has been blamed for causing algae blooms in Florida's inland and coastal waters. The environmentalists' lawyers showed Hinkle poster-size photos of waterways clogged with lime-green scum.
"It's so serious that it's harmful for people to have human contact, dangerous for your pets to drink, shuts down drinking water plants," environmental lawyer David Guest said after the hearing. "It's a threat to the tourism industry. It's a threat to waterfront property values."
Guest represents the Florida Wildlife Federation, Sierra Club, Conservancy of Southwest Florida, Environmental Confederation of Southwest Florida and St. Johns Riverkeeper.
The agreement is seen as a precedent that could serve as a model for other states. It won't be final until Hinkle issues a written order. He said he couldn't promise when he'll do that except that he'd try to be quick.
Lawyers for the objectors, including Florida Agriculture Commissioner Charles Bronson, said their clients have not yet decided whether to appeal.
Bronson isn't the only politician critical of the agreement. Attorney General Bill McCollum last week wrote Florida Environmental Protection Secretary Michael Sole a letter that said Florida shouldn't have been singled out. McCollum asked him for a status report on the dispute at Tuesday's Cabinet meeting.
The judge said he also planned to consolidate three separate lawsuits challenging a Jan. 14 EPA decision that Florida needs the numerical standards.
The state now has descriptive standards that determine when waters are polluted, but Guest said numerical standards would provide an early warning.
The decree says EPA must propose rules for lakes, rivers and other freshwater bodies by Jan. 14, 2010, and issue a notice of final rule-making by Oct. 15, 2010. It must do so for coastal and estuarine waters by the same dates in 2011.
Those deadlines are too soon, said Terry Cole, a lawyer for several agriculture and pulp and paper trade groups as well as the Florida Stormwater Association, made up of local and regional government agencies.
Cole argued the state should be allowed to set its own standards but would need more time because the scientific issues are complex.
Hinkle, though, pointed out Florida already has had 11 years to do that.
"How long do we need?" he asked.
Cole said he didn't have an answer.
The state could pre-empt the EPA regulations by adopting its own standards first.
EPA lawyer Martha Collins Mann disputed arguments that her agency would adopt a one-size-fits-all standard. She said the agency's proposed rules would take into account differences between various water bodies.
Associated Press Writer David Heller in Tallahassee contributed to this report.
Copyright © 2009 The Associated Press. All rights reserved.
http://www.google.com/hostednews/ap/article/ALeqM5hZ9CM82u11X8yfzx3_ArugVrwJ2AD9C0RGRO0
Tuesday, November 17, 2009
Friday, November 13, 2009
River permits restricted; plan to save manatees
No new river permits any time soon
11/13/2009
by Mike Sharkey
for Financial News & Daily Record
------------------------------------
It’s very likely the U.S. Fish & Wildlife Commission won’t issue any new permits pertaining to the St. Johns River until at least July due to the number of manatee deaths in local waters over the 12 rolling months.
That decision is, in part, thanks to Duval County’s Manatee Protection Plan.
So far this year there have been 12 manatee deaths in local waters. The threshold is five in a 12-month period, an element of the protection plan. More than five is considered “unacceptable” and triggers a report to the Florida Fish & Wildlife Commission. At Thursday’s Jacksonville Waterways Commission meeting, Waterways member Steve Nichols said he attended an Oct. 30 meeting at the U.S. Fish & Wildlife office with about 30 others who have a vested interest in the river and manatee protection. Nichols said the manatee deaths and permitting were a major topic of discussion.
“The county has been on notice. There will be no new permits for recreation or port-related,” he said. “The US Fish & Wildlife Commission relies on local and state jurisdiction. There have been 16 deaths in the last 19 months and they see no way to allow new permits. The State says if there are five deaths in 12 months, then the plan is not effective.
“We are virtually shut down for permits on the river. That’s a fact.”
Nichols suggested the City create a new Manatee Protection Plan and submit it to the FWC for consideration. Lisa Rinaman of the mayor’s office said an internal meeting has been scheduled for Dec. 15 and the City would like to present a draft of its new plan to the FWC in January.
Rinaman, and others, say one of the biggest issues surrounding manatee protection in local waters is enforcement of the rules of the water, especially speeding in manatee zones. She said this was discussed during the Oct. 30 meeting.
“Our JSO officers have the same resource issues as others and it’s good that came to light,” she said.
Waterways member Ed Grey also attended the Oct. 30 meeting with Nichols. Grey said the lack of enforcement resources is a major obstacle to enforcing speed limits — and thus the safety of the docile manatees — in local waterways.
“Florida Fish & Wildlife has five officers in the area and they also have to patrol the woods for hunters. They are lucky to have three on the water,” he said, adding the Marine Division of the Jacksonville Sheriff’s Office is in the same situation. “They issue very few speeding tickets in the manatee zone. There’s an inability to detect the speed and measure it from another vessel. The charges do not hold up in court.”
Grey said often JSO’s Marine Division will stop a boater they suspect of speeding and use it as an opportunity to inspect the boat for the proper licenses, registrations and safety devices and give the pilot a “stern lecture on speeding in the manatee zone,” said Grey.
If FWC approves the City’s draft in January, it’s still about a six-month approval process.
Riverkeeper Neil Armingeon also talked to the Commission about the status of the St. Johns River. Armingeon said the health of the river has never been more important and added unless the amount of nutrients being dumped into the river on a daily basis isn’t seriously addressed soon, the local water supply may be affected.
“By the year 2030, we could face a daily deficit of 150 million gallons a day,” he said. “In January, we may be given the same marching orders as Central Florida: you need to find an alternate source of water.
“Water conservation is the first step we as a state have to take to reduce water usage. But, water conservation is not listed as an alternative water supply. The idea of North Florida supplying South Florida with water has resurfaced.”
According to Armingeon, about 120 million to 130 million gallons of wastewater flow into the St. Johns River in Northeast Florida every day. He said JEA is the largest discharger of nitrogen followed by Georgia Pacific. Stormwater runoff is also a problem.
“The storm drains Downtown discharge into the river at the Northbank with no treatment,” he said, adding the problem must be addressed individually as well as from a government standpoint. And, he said, it’ll be expensive. “To meet these standards (set forth by the state) we are going to have to spend money. It’s a fact.”
msharkey@baileypub.com
356-2466
Link to article: http://www.jaxdailyrecord.com/showstory.php?Story_id=529569
11/13/2009
by Mike Sharkey
for Financial News & Daily Record
------------------------------------
It’s very likely the U.S. Fish & Wildlife Commission won’t issue any new permits pertaining to the St. Johns River until at least July due to the number of manatee deaths in local waters over the 12 rolling months.
That decision is, in part, thanks to Duval County’s Manatee Protection Plan.
So far this year there have been 12 manatee deaths in local waters. The threshold is five in a 12-month period, an element of the protection plan. More than five is considered “unacceptable” and triggers a report to the Florida Fish & Wildlife Commission. At Thursday’s Jacksonville Waterways Commission meeting, Waterways member Steve Nichols said he attended an Oct. 30 meeting at the U.S. Fish & Wildlife office with about 30 others who have a vested interest in the river and manatee protection. Nichols said the manatee deaths and permitting were a major topic of discussion.
“The county has been on notice. There will be no new permits for recreation or port-related,” he said. “The US Fish & Wildlife Commission relies on local and state jurisdiction. There have been 16 deaths in the last 19 months and they see no way to allow new permits. The State says if there are five deaths in 12 months, then the plan is not effective.
“We are virtually shut down for permits on the river. That’s a fact.”
Nichols suggested the City create a new Manatee Protection Plan and submit it to the FWC for consideration. Lisa Rinaman of the mayor’s office said an internal meeting has been scheduled for Dec. 15 and the City would like to present a draft of its new plan to the FWC in January.
Rinaman, and others, say one of the biggest issues surrounding manatee protection in local waters is enforcement of the rules of the water, especially speeding in manatee zones. She said this was discussed during the Oct. 30 meeting.
“Our JSO officers have the same resource issues as others and it’s good that came to light,” she said.
Waterways member Ed Grey also attended the Oct. 30 meeting with Nichols. Grey said the lack of enforcement resources is a major obstacle to enforcing speed limits — and thus the safety of the docile manatees — in local waterways.
“Florida Fish & Wildlife has five officers in the area and they also have to patrol the woods for hunters. They are lucky to have three on the water,” he said, adding the Marine Division of the Jacksonville Sheriff’s Office is in the same situation. “They issue very few speeding tickets in the manatee zone. There’s an inability to detect the speed and measure it from another vessel. The charges do not hold up in court.”
Grey said often JSO’s Marine Division will stop a boater they suspect of speeding and use it as an opportunity to inspect the boat for the proper licenses, registrations and safety devices and give the pilot a “stern lecture on speeding in the manatee zone,” said Grey.
If FWC approves the City’s draft in January, it’s still about a six-month approval process.
Riverkeeper Neil Armingeon also talked to the Commission about the status of the St. Johns River. Armingeon said the health of the river has never been more important and added unless the amount of nutrients being dumped into the river on a daily basis isn’t seriously addressed soon, the local water supply may be affected.
“By the year 2030, we could face a daily deficit of 150 million gallons a day,” he said. “In January, we may be given the same marching orders as Central Florida: you need to find an alternate source of water.
“Water conservation is the first step we as a state have to take to reduce water usage. But, water conservation is not listed as an alternative water supply. The idea of North Florida supplying South Florida with water has resurfaced.”
According to Armingeon, about 120 million to 130 million gallons of wastewater flow into the St. Johns River in Northeast Florida every day. He said JEA is the largest discharger of nitrogen followed by Georgia Pacific. Stormwater runoff is also a problem.
“The storm drains Downtown discharge into the river at the Northbank with no treatment,” he said, adding the problem must be addressed individually as well as from a government standpoint. And, he said, it’ll be expensive. “To meet these standards (set forth by the state) we are going to have to spend money. It’s a fact.”
msharkey@baileypub.com
356-2466
Link to article: http://www.jaxdailyrecord.com/showstory.php?Story_id=529569
Thursday, November 12, 2009
Wednesday, November 11, 2009
Tuesday, November 10, 2009
Upper St. Johns River Basin Project receives Thiess Riverprize Award
11/09/2009
Daily Record (Jacksonville)
-----------------------------------------------------------------------
A U.S. Army Corps of Engineers Jacksonville District project that was formally awarded the Australian-based International Riverfoundation’s Thiess Riverprize Award in 2008 was recently presented the honors accompanying trophy in a ceremony held at its Jacksonville district headquarters.
Maurice Sterling, project management director of the St. Johns River Water Management District and local project sponsor, presented the award.
“This award is one the team can be extraordinarily proud of. This is more than three decades in our partnership history and is a case of the government doing something right,” said Sterling. “There were speed bumps along the way but we were able to iron them out and come out with a good product for our partnership.”
Lt. Col. Nathaniel Rainey, deputy district commander, received the award on behalf of the district team and said he felt as if he had just won the Super Bowl. “This is a really special award,” said Rainey. “We are so proud of the relationship with the St. Johns River Water Management District.
“The St. Johns is our river, it supports our community and we live in its basin, which is part of our geography. This project demonstrates partnerships and teamwork at its best.”
According to Vice-Chancellor Professor Paul Greenfield of Australia’s University of Queensl and chair of the Riverprize judging panel, the St. Johns River Basin Project is a large wetlands restoration initiative that addresses environmental degradation and flood damage reduction in the headwaters region of the St. Johns River. One of the largest river restoration projects in the United States, the project uses innovative approaches in design and management to combine environmental benefits with flood damage reduction over 60 kilometers of river length and thousands of acres of floodplain. It covers a total of 247 square miles. The project was based on a nonstructural approach to flood management instead of an artificial system of dikes and dams.
It was the first project in the nation with Corps involvement that was described by law as a nonstructural flood control project.
“The Everglades may be the largest ecosystem project, but the Upper St. Johns River Basin Project was, at least, one of the largest environmental projects we completed,” said Steven Robinson, project manager from 1997-2004. “It is one of the projects I am most proud of having been a part of.”
Robinson also said the team comingled environmental restoration with flood reduction engineering and produced a project that works as much for the environment as it does for the engineered science and technology for which it was designed.
Sterling said the $222,000 Riverprize is the largest privately-funded money prize in the world, given to recognize innovative river management. Received by the water management district, the prize was used to complete wetlands restoration and the river cleanup programs throughout Northeast and Eastern Central Florida.
The International Thiess Riverprize began as an initiative in 1999 to award best management practices for the restoration and sustainable preservation of rivers and waterways, and has to date awarded more than $2 million to support ongoing river restoration work.
http://www.jaxdailyrecord.com/showstory.php?Story_id=529529
11/09/2009
Daily Record (Jacksonville)
-----------------------------------------------------------------------
A U.S. Army Corps of Engineers Jacksonville District project that was formally awarded the Australian-based International Riverfoundation’s Thiess Riverprize Award in 2008 was recently presented the honors accompanying trophy in a ceremony held at its Jacksonville district headquarters.
Maurice Sterling, project management director of the St. Johns River Water Management District and local project sponsor, presented the award.
“This award is one the team can be extraordinarily proud of. This is more than three decades in our partnership history and is a case of the government doing something right,” said Sterling. “There were speed bumps along the way but we were able to iron them out and come out with a good product for our partnership.”
Lt. Col. Nathaniel Rainey, deputy district commander, received the award on behalf of the district team and said he felt as if he had just won the Super Bowl. “This is a really special award,” said Rainey. “We are so proud of the relationship with the St. Johns River Water Management District.
“The St. Johns is our river, it supports our community and we live in its basin, which is part of our geography. This project demonstrates partnerships and teamwork at its best.”
According to Vice-Chancellor Professor Paul Greenfield of Australia’s University of Queensl and chair of the Riverprize judging panel, the St. Johns River Basin Project is a large wetlands restoration initiative that addresses environmental degradation and flood damage reduction in the headwaters region of the St. Johns River. One of the largest river restoration projects in the United States, the project uses innovative approaches in design and management to combine environmental benefits with flood damage reduction over 60 kilometers of river length and thousands of acres of floodplain. It covers a total of 247 square miles. The project was based on a nonstructural approach to flood management instead of an artificial system of dikes and dams.
It was the first project in the nation with Corps involvement that was described by law as a nonstructural flood control project.
“The Everglades may be the largest ecosystem project, but the Upper St. Johns River Basin Project was, at least, one of the largest environmental projects we completed,” said Steven Robinson, project manager from 1997-2004. “It is one of the projects I am most proud of having been a part of.”
Robinson also said the team comingled environmental restoration with flood reduction engineering and produced a project that works as much for the environment as it does for the engineered science and technology for which it was designed.
Sterling said the $222,000 Riverprize is the largest privately-funded money prize in the world, given to recognize innovative river management. Received by the water management district, the prize was used to complete wetlands restoration and the river cleanup programs throughout Northeast and Eastern Central Florida.
The International Thiess Riverprize began as an initiative in 1999 to award best management practices for the restoration and sustainable preservation of rivers and waterways, and has to date awarded more than $2 million to support ongoing river restoration work.
http://www.jaxdailyrecord.com/showstory.php?Story_id=529529
Friday, November 6, 2009
The license plate makes it through the 1st committee
Bill Number: 0053
Bill Name: HB 53
Action: Favorable
Committee: Roads, Bridges & Ports Policy Committee
Location: 404 HOB
Duration: 1.75
Date: 11/4/2009 8:00:00 AM
Sponsor: Lopez-Cantera (CO-SPONSORS) Ray;
Subject: License Plates
Y Aubuchon Y Gibson Y Precourt Y Rogers (Y) Thompson, N.
Y Clarke-Reed Y Horner - Ray Y Steinberg Y Workman
Y Ford Y Patronis Y Robaina Y Taylor, D.
Total Yeas: 12 Total Nays: 0 Total Missed: 1
Total Votes: 13
Bill Name: HB 53
Action: Favorable
Committee: Roads, Bridges & Ports Policy Committee
Location: 404 HOB
Duration: 1.75
Date: 11/4/2009 8:00:00 AM
Sponsor: Lopez-Cantera (CO-SPONSORS) Ray;
Subject: License Plates
Y Aubuchon Y Gibson Y Precourt Y Rogers (Y) Thompson, N.
Y Clarke-Reed Y Horner - Ray Y Steinberg Y Workman
Y Ford Y Patronis Y Robaina Y Taylor, D.
Total Yeas: 12 Total Nays: 0 Total Missed: 1
Total Votes: 13
Thursday, November 5, 2009
Editorial on HB 53 and Senator King
St. Johns River: Tribute for Jim King
Thursday, Nov. 5, 2009
Florida Times-Union/Jacksonville.com
Cancer ended the life and legislative tenure of Northeast Florida State Sen. Jim King this year - but not his influence.
Out of respect to King, a former Senate president and one of the Legislature's most revered members, one of his prize bills that failed shows signs of new life.
State Rep. Carlos Lopez-Cantera, R-Miami, filed a bill for next spring that would grant King's wish for a special license plate to help the 13-county St. Johns River Alliance raise money to help preserve the river.
State Sen. Dennis Jones, R-Seminole, has sponsored a Senate version.
Jacksonville State Rep. Lake Ray has signed on as a prime House co-sponsor and heads the Duval County delegation's support.
Such a plate sounds worthwhile and harmless. What's the rub about giving people the choice of buying a tag that could raise up to $350,000 to help the river?
But lawmakers in both houses - particularly the Senate - became weary of knock-down, drag-out political fights over other proposed tags involving the Confederacy and religious themes.
And lawmakers argued that more than 100 different tags were too many.
King's modest proposal to help the river was drowned out by controversies surrounding the number and messages of specialty license plates in general.
And not even King's political persuasion could keep his proposal from being rolled into all the others and left in the scrap pile.
End of life request
But King's pull didn't end with his life.
He earned respect and admiration from his colleagues for his negotiation and people skills, good nature and willingness to be a mentor to all who sought his guidance.
Ray said King had mentioned the license plate legislation as being important to him in one of the last conversations he had with Lopez-Cantera, who filed HB 53 on the river license plate shortly after King died on July 26.
The annual legislative session doesn't begin until March. Approval of the St. Johns River plate would be a fitting tribute to King.
An even better one would be a future hands-off approach by lawmakers regarding the educational funding reforms that King championed to correct funding imbalances for districts throughout the state.
http://jacksonville.com/opinion/editorials/2009-11-05/story/st_johns_river_tribute_for_jim_king
Thursday, Nov. 5, 2009
Florida Times-Union/Jacksonville.com
Cancer ended the life and legislative tenure of Northeast Florida State Sen. Jim King this year - but not his influence.
Out of respect to King, a former Senate president and one of the Legislature's most revered members, one of his prize bills that failed shows signs of new life.
State Rep. Carlos Lopez-Cantera, R-Miami, filed a bill for next spring that would grant King's wish for a special license plate to help the 13-county St. Johns River Alliance raise money to help preserve the river.
State Sen. Dennis Jones, R-Seminole, has sponsored a Senate version.
Jacksonville State Rep. Lake Ray has signed on as a prime House co-sponsor and heads the Duval County delegation's support.
Such a plate sounds worthwhile and harmless. What's the rub about giving people the choice of buying a tag that could raise up to $350,000 to help the river?
But lawmakers in both houses - particularly the Senate - became weary of knock-down, drag-out political fights over other proposed tags involving the Confederacy and religious themes.
And lawmakers argued that more than 100 different tags were too many.
King's modest proposal to help the river was drowned out by controversies surrounding the number and messages of specialty license plates in general.
And not even King's political persuasion could keep his proposal from being rolled into all the others and left in the scrap pile.
End of life request
But King's pull didn't end with his life.
He earned respect and admiration from his colleagues for his negotiation and people skills, good nature and willingness to be a mentor to all who sought his guidance.
Ray said King had mentioned the license plate legislation as being important to him in one of the last conversations he had with Lopez-Cantera, who filed HB 53 on the river license plate shortly after King died on July 26.
The annual legislative session doesn't begin until March. Approval of the St. Johns River plate would be a fitting tribute to King.
An even better one would be a future hands-off approach by lawmakers regarding the educational funding reforms that King championed to correct funding imbalances for districts throughout the state.
http://jacksonville.com/opinion/editorials/2009-11-05/story/st_johns_river_tribute_for_jim_king
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