Three Sisters Springs is Saved!

Three Sisters Springs provide one of the most important warm water refuges for endangered manatees on Florida's west coast. (Photo © David R. Schrichte)

Three Sisters Springs provide one of the most important warm water refuges for endangered manatees on Florida's west coast.

“Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has.” --Margaret Mead

It’s been a long time coming, but it looks like Three Sisters Springs has finally been saved.

The fate of the deal was assured on Monday, July 12th, when Crystal River City Council members voted unanimously to accept joint ownership of the Three Sisters Springs property, along with the South Florida Water Management District. The property will be managed by the U.S. Fish and Wildlife Service and included as part of the Crystal River National Wildlife Refuge. The agency plans to provide observation decks on the property where the public can view endangered manatees.

The Three Sisters Springs parcel, which abuts two manatee sanctuaries in Kings Bay in Crystal River, Florida, is a crucial land purchase for the protection of manatees and other wildlife. The springs are one of the natural wonders that make Florida so special, and they provide one of the most important manatee warm water refuges on Florida's west coast. Protecting Three Sisters Springs has long been a dream for Helen Spivey, Crystal River resident and Co-Chair of Save the Manatee Club’s Board of Directors. Representing the Club at the council meeting, she said, "We have been strong partners through this, and we would like to remain strong partners to the city, U.S. Fish and Wildlife Service, and the Southwest Water Management District." Then, speaking in turn to each of the three council members, and to applause from the packed house, Spivey continued, "You have always done the right thing where this is concerned, and I know you will do the right thing tonight, so I would just like to say thank you, thank you, thank you."

Often described as “an environmental jewel,” Three Sisters Springs are blue oases of clear and pristine water located in the heart of Crystal River, Florida. Up to now, the land around the springs has been privately owned, and the springs attract large numbers of boaters, divers, snorkelers, and swimmers each year, many of whom came to see the manatees using the warm water springs as a refuge in the winter. Purchasing the property to protect the manatees’ habitat and opening it to public access has been a longtime goal of local residents and environmentalists.

In 2005, Tampa businessman Hal Flowers and a group of investors purchased the 57-acre Three Sisters property for $10.5 million, planning to create a 300-house waterfront development. However, Flowers was moved to protect the springs after helping to rescue a young manatee injured by a boat hit there in 2008. The manatee, named Baby Sister, survived, and Flowers decided to offer the property for public purchase.

Flowers’ offer to sell the Three Sisters land for $11.8 million spurred a huge drive to raise funds and drum up support for the purchase of the property. The Crystal River City Council took the first step by applying for a grant from the Florida Communities Trust (FCT), a state land acquisition grant program funded by Florida Forever proceeds. But the FCT grant required nearly $3 million in matching funds, which have been supplied from a variety of sources ranging from a nearly $2 million grant from the Felburn Foundation, $200,000 from the Citrus County Commission and $100,000 donations from the City of Crystal River and the Citrus County Tourist Development Council, to smaller donations from private residents. Dr. Paresh Desai, a former board member of Save the Manatee Club, contributed $10,000 to help save the springs, and many Save the Manatee Club supporters and Citrus County residents contributed individual donations.

U.S. Senator Bill Nelson and Representatives Ginny Brown-Waite and Debbie Wasserman-Schultz were also instrumental in securing $1.5 million from the Interior Department’s land acquisition fund for the Three Sisters purchase. In June of this year, the Southwest Florida Water Management District elected to contribute $1.3 million for the project. Florida State Senator Charlie Dean and State Representative Ron Schultz then added the FCT line item to the state budget, and Governor Charlie Crist accepted it, paving the way for the purchase of the land.

Twice, a large group of supporters, including Spivey and Save the Manatee Club Executive Director Patrick Rose, traveled to Tallahassee to show support for the Three Sisters purchase to the FCT Governing Board, and many Save the Manatee Club supporters, Citrus County residents, and other individuals wrote thousands of letters and emails in favor of the project. Performers from across Florida even donated time, talent, and expenses for “Concert on the Point,” a fundraiser to help save Three Sisters. In the end, the fundraising efforts came up about $1 million short, but earlier this month, Flowers and his partners agreed to accept an offer for the original purchase price of $10.5 million, and the closing is scheduled for the end of July.

“It takes a village to pull this off,” said Lace Blue-McLean, President of the Friends of Chassahowitzka National Wildlife Refuge, who, along with City Manager Andy Houston, helped spearhead the effort to save the springs. In the end, federal, state, and local government, private foundations, businesses, nonprofit organizations, and individuals all turned out to give funds and show their support for saving Three Sisters.

”Many people have put their hearts and souls into this project,” said Rose. ”The public acquisition of this property will protect the water quality and quantity of Three Sisters Springs, add to a national wildlife refuge, and will allow public viewing that will help to reduce incidents of manatee harassment. The preservation and educational/ecotourism opportunities that will result from this purchase will also give an economic boost to Florida. The Three Sisters project is a heartwarming example of how disparate forces can make a difference for future generations by coming together to protect place of beauty and create a haven for endangered manatees and other wildlife.”




Bayport orphan otter

Linda Christian has saved this baby otter found on Bayou drive in Bayport. It was near death when it was found and she has nursed it back to health. It's about 6 weeks old and pretty frisky. It's a mystery why it was out of the den because it's eyes were not even open when it was found

Click Here to see VIDEO of the Baby Otter

Linda is a Wildlife Rehabilitator and operates a 501(c)(3) operation 100 Acre Wood. She can always use some assistance and money since it is expensive to rehabilitate wildlife. Contact her at 352-650-2892 or mail a donation to

100 ACRE WOOD Wildlife Rehabilitation, Inc.
99 Kohen Rd..
Borooksville, FL 34601.

Memberships are $25.00 for an individual and $50.00 for a family




ENVIRONMENTAL ISSUES




STOP THE WATER


The following is in response to a question, " Why don't we capture water (from the Weeki Wachee) before it goes to the sea?"

To divert the water's of the Weeki Wachee or any other river for human consumption has been proposed, but it would upset the ecology irrevocably as many species of saltwater fish require freshwater to spawn in.

We are already experiencing over fishing and part of the reason is that the spawn rates are dramatically reduced.

We've screwed up the salmon out west by damming the rivers to the point we are farm raising them now.

In short it is not advisable. It would be necessary to build dams which would prevent manatees and fish from coming into the fresh water.

We can solve a lot of the water problem by utilizing a 3 pipe system and plantings that do not require as much water. 51% of our potable water in Hernando County is used for irrigation.
White pipe -- potable water
Black Pipe -- sewage
Purple pipe -- treated wastewater to be used for irrigation

Also if you want to create a desert - cut down the trees so the sun can beat on the ground and dry it up. This also break up a surface biosphere and allows the evaporation to go higher, quicker and result in reduced rainfall. Remember when it used to rain every day in the afternoon in the tropics like Florida -- we've cut the trees and the water vapor goes higher and we don't get those afternoon showers anymore. The more we pave over the greater the heat absorption of the land which increases the uplift of the water vapor from the uncovered soil.

Another problem is AIR CONDITIONING -- do you realize that in order to cool a given volume of air by so many degrees it is necessary to heat up an equivalent volume the same number do degrees. Add to that the heat generated to produce the electricity, the waste hear of the motors within the AC system and you will see that we are altering our environment in order to stay cool. Also consider the increased carbon dioxide produced to generate the electricity if it is from coal, oil or gas. Now guess what neutralized the carbon dioxide -- yep it's trees, but we cut them down and the trees could have shaded your home to keep it cool.

Of course the oceans also absorb a lot of the carbon dioxide and it is used by aquatic plants, which in turn are eaten by sea animals which in turn are eaten by fish that you would reduce the spawning rate of by using their freshwater. The repercussions of our actions go way beyond what is readily apparent.

Do you remember when your Mom hung clothes on the line to dry? Now we use an electric dryer which creates heat in order to dry the clothes and uses electricity and in some cases gas. Those clothes on the line dried by evaporation without wasting the resources of electric or gas.

What I am saying is that we must take INDIVIDUAL responsibility for our actions and what it does to the world. God gave us brains, let's use them.

I read a book in 1960 named the POPULATION DILEMMA and it indicated the sustainable carrying capacity of the earth is around 4.8 billion people. We are well past that, over 6 billion people worldwide, so we are continually degrading our ecology at this point. It called for taking individual responsibility and limiting your offspring to 1 per person - that's 2 per family, but recognize way back then divorce was not as prevalent and living together was virtually unheard of. To be brutally frank - we screwed ourselves into this dilemma and without serious family planning we will only get out with a HUGE disaster, be it famine, disease, war or natural disaster.

Maybe the Mayans were right - the world will enter into a new phase in 2012. Hopefully it will be an age of responsibility!

Chuck Morton
President, HELP




The future of Florida's springs isn't eternal


By Robert Knight and Sky Notestein, Special to the Times
Published Thursday, July 31, 2008 8:37 PM

Florida has more artesian springs — 700 of them — than any other place in the world.

Some are large and familiar, like Silver, Ichetucknee and Wakulla; others small and hidden away, like Fern Hammock and Shangri-La. But they all have a crucial role in Florida's freshwater supply and environmental health, not to mention their recreational values.

In the past decade, longtime threats to these natural gems have become more urgent. Many springs that were formerly blue now have a greenish tint. Unsightly filamentous algae have replaced their natural aquatic plant communities. Flows are declining in numerous springs. Some have stopped flowing altogether.

Scientific research tells us that many of the changes have been caused by humans. Here's a look at what we know, what we don't know, and what we can do to begin to restore our precious springs.

Spring fact: All consumptive uses of groundwater in a springshed reduce spring flows to some extent.

Nearly every aspect of a spring, from the basin size and shape, to the fish, other wildlife, plants and public use, depends on a sufficient flow of pure water. The No. 1 objective of springs' protection must be protection of the volume of water flowing forth. Every human use of water in a springshed (the area of land that recharges water to a spring) — every domestic, agricultural, commercial, and public water supply well, shallow or deep, large or small — to some degree reduces groundwater flow to the local springs.

Spring fact: The concentration of nitrate nitrogen, a recognized pollutant in surface and groundwaters, is rising rapidly in most Florida springs in response to agricultural and urban development.

A continuing increase in nitrate nitrogen concentrations in groundwater is one of the most visible environmental consequences of Florida's agricultural and urban development. Throughout the karst (porous limestone) areas of North and Central Florida where artesian springs are common, groundwater nitrate nitrogen concentrations have increased by 50 to 350 fold, with localized hot spots greater than 10 parts per million — the EPA drinking water standard. These increases not only threaten drinking water but are also harming plants and other organisms. Even if all human-controlled nitrogen pollution sources were stopped today, nitrate pollution in our aquifers and in our springs will take decades to reverse.

Spring fact: Spring ecosystems are undergoing widespread and dramatic changes in natural flora and fauna, often evidenced by replacement of natural plant communities by filamentous algae and native fauna by exotic species.

Natural artesian springs in Florida are generally dominated by luxuriant growths of native submerged aquatic vegetation. Natural algal communities known as periphyton enhance the overall plant productivity that supports fish and other wildlife. Silver, Ichetucknee and Rainbow springs are prime examples of large springs with high flows that retain much of their former beauty and native plant and animal species. But trampling of plants during human recreation (for example, Wekiwa and Volusia Blue) and uprooting and physical damage by motor boat propellers and anchors (e.g., Weeki Wachee and Fanning) often result in the loss of these native plant communities in springs and spring runs, resulting in the predominance of less desirable exotic plant species and filamentous algae. Spring fact: Relatively pristine springs with high flows help support local economies.

Visitation numbers at springs are influenced by clear, cool water and attractive plants and wildlife. Annual visits to the 100 largest springs in Florida are estimated at more than 7-million people, with an annual economic value in excess of $300-million. But springs become less attractive to visitors when the flow and water clarity are reduced and when excessive floating vegetation and filamentous algae predominate.

A time for action

Springs are Florida's canary in the coal mine: If we stand by while they continue to dry up and turn green, we'll have missed one more opportunity to preserve ourselves. What sorts of changes are needed? Primarily those that will lessen our human footprint:

• Stronger water conservation measures in all springsheds and a hold on new consumptive use permits until existing human impacts on spring flow reductions have been quantified and adequate water resources are allocated to preserve the natural water resource values of springs.

• Restrictions on nitrogen fertilizer sales and use in the karst areas of springsheds based on application rates that result in measurable declines in groundwater nitrate nitrogen concentrations.

• Improved practices for treated municipal, agricultural and commercial wastewater reuse and disposal in the karst areas of springsheds by further limiting all groundwater discharges of nitrogen.

• Re-evaluation of public recreational uses in all springs on Florida public lands to develop science-based management plans that ensure compatibility between appropriate recreational activities and sustainable ecological communities in these "crown jewels" of our parks, preserves and national forests.

Robert Knight is an aquatic and wetland scientist and has been conducting applied research in springs and wetlands for more than 30 years. Sky Notestein is an aquatic ecologist who has focused his academic and professional career on springs' restoration over the past 12 years. Both work at Wetland Solutions Inc. in Gainesville.




CHASHOWITZKA TRACT (aka. THE BLUFFS)

The Bluffs area has been closed for river access by land or by water. It seems that Fish and Wildlife finally decided the people around here were right and that it ws not only a policing nightmare but was becoming an environmental one as well.
Countless tons of sand were eroded from the area caused by heavy use by people. Hugh amounts of trash was dumped into the bushes or thrown into the river by thoughtless people who visited the area and felt it was their right to trash it. Could this be a by product of the liberal thinking wherein God forbid we could chastise our children, much less spank them for doing something wrong? We have a whole generation of ME FIRSTER's out there whose attitude if "I'll do it if I want to!" Well they won't be doing it at the Bluffs anymore unless they want to part with a $550 minimum fine.

The Bluffs at Twilight
April 8, 2007


The upper Weeki Wachee is significantly narrower due to low water, but deeper because the current is digging a deeper channel. It's a fun kayak ride, but it could be a problem if two larger power boats met - there might not be room. Re-growth along the banks is significant and it looks better to me than I have seen it in at least 7 years.

Re Growth on the bank




The Hernando Environmental Land Protectors is a participating partner with the U. S. Fish and Wildlife Service encouraging users of the waterways to clean their boats and gear so as not to transport aquatic species form one body of water to another. It only takes a few minutes to rinse your gear and trailer off, don't forget the bilge water either. It is very easy to inadvertently transfer eggs, organisms and plants from one body to another if there is not sufficeint "drying time" or a quick cleaning done. Visit their website http://www.protectyourwaters.net for more information.




We also support the Florida's Clean Water Network in thier efforts to clean up our waterways and stop continuing polution.

CLICK HERE to see Clean Water Network's webpage




Valuable Fish Cover or Nuisance Vegetation?

Exerpt from: Protect your waters .net

March 08, 2007 -- This is a key question for aquatic resources in the South where hydrilla is either sought after by anglers or sprayed with herbicides by resource managers. Unfortunately, there's no easy answer and this is part of the complexity of the aquatic invasive species issue. "There has to be some middle ground where spraying could be managed to keep boating lanes free and leave areas where bass and other fish along the food chain can flourish."




We WON One! see background articles at bottom of this page. Webmaster

U.S. judge sets back pulp mill's waste plan

By NATHAN CRABBE
Gainesville Sun staff writer

January 17. 2007 6:01AM

Clean-water advocates say a federal judge has effectively killed Buckeye Florida's plans to pipe wastewater into the Gulf of Mexico.
The pulp mill, located near Perry, has for decades dumped its wastewater into the Fenholloway River. The mill proposed improving water quality by building a 15-mile pipeline that largely bypasses the river.
But a ruling Tuesday by Judge Emmett Sullivan of the U.S. District Court in Washington, D.C., could scuttle those plans. The U.S. Environmental Protection Agency will now control the permit process and is unlikely to allow the pipeline, said Sierra Club attorney David Bookbinder.
"The river in a pipe is dead because Florida has no jurisdiction over it," he said.
The Florida Department of Environmental Protection last year approved the pipeline permit. A spokeswoman said the department was awaiting word on the impact of the judge's ruling.
Buckeye spokeswoman Michelle Curtis said she would also wait for more information before commenting. But she said the pipeline is critical to the company's plans.
"There are no other combination of technologies that would bring the river to fishable and swimmable standards," she said.
The ruling likely won't mark the end of legal battles over the permit. Linda Young, director of the Clean Water Network of Florida, said she'll continue to fight in the courts until Buckeye is required to clean the river.
"They'll either clean it up and obey the law or we'll shut them down," she said.
The company cooks pines in a chemical brew to produce cellulose, used in everything from diapers to sausage casings. The process also produces wastewater that is treated and then discharged into the river.
The wastewater darkens the river and has been linked to mutations in fish. Buckeye proposed spending $95 million to improve the wastewater treatment system and build the pipeline to the Gulf.
Company officials said the project would improve water quality enough to prevent harm to aquatic life in the Gulf. But clean-water advocates said the pipeline would have merely moved problems downstream.
The Sierra Club fought the EPA over the issue in federal court, arguing that the Clean Water Act forced the agency to take control of the permit.
Sullivan issued a ruling in March saying the act "imposes upon the EPA a mandatory duty to exercise jurisdiction." But Buckeye and state officials had disputed the meaning of the ruling.
Bookbinder said the judge on Tuesday told him to write an order requiring the agency to take control. The court will give the agency an opportunity to make changes and then issue an official order by the end of the month, he said, eliminating any lingering confusion over the issue
Young said she hopes the EPA will then end the dispute by killing the pipeline and requiring the river to be cleaned.
"I can't imagine that EPA wants to go to federal court against us again," she said.

Nathan Crabbe can be reached at 352-338-3176 or crabben@gvillesun.com.




For more about the Fenholloway River click here

Fenholloway River happenings.




Fortunately Hernando County is very proactive in concern over polluting the aquifer, lakes, ponds, rivers, streams and the Gulf of Mexico.

CLICK HERE to see what Hernando County is doing to manage stormwater runoff.





MANATEES our favorite marine mammal.

There is a movment afoot again to remove manatees from the endangered list since there are now over 3000 of the West Indian Manatee. It boils down to the fact that we are in such a hurry that boaters don't want to have to have manatee zone where they are restricted to speeds of 25 MPH or heaven forbid a No Wake Zone.

Most No Wake Zones are there not because of manatees, but to prevent accidents, noise polution and erosion. As for the 25 MPH speed limit, I remember when only race boats went that fast. Actually most boats now do not operate over that speed.

Actually there were over 80 manatee deaths last year caused by boats and unfortuantely 81 caused by the red tide that was off the Gulf Coast of Florida in 2005. It decimated fish populations as well. We all can minimize the boating related manatee deaths even if there isn't much we can do about the red tide. It is not always the prop cut that kills the manatees, but the impact of the vessel's hull causes internal damage just like a car hitting a pedestrain. In the water just as on the highway - SPEED KILLS!

It is a compliment to those who worked to SAVE the MANATEE that taking manatee off the endangered list because of the population increase is even a consideration. Our hat is off to all those who have worked so hard to save them and continue to do so. The SAVE the MANATEE Club is by far the leader in this effort. their website is www.savethemanatee.org Go to their page and take a look.

Or click on the manatee below to go to their site.








Monday, June 19, 2006 | Updated at 8:01 a.m. By Eric Staats

Clean water advocates are going to court over a change in Florida's water quality standards, and the outcome could trickle down to Southwest Florida.
State rules allow for variances to water quality standards, but the change opens that door wider and lowers hurdles that had been set up to limit variances to only certain pollutants.
The state Department of Environmental Protection proposed the change, and the U.S. Environmental Protection Agency approved it.
"They're trying from every angle to keep the pollution flowing, protect the polluters and monkeying with the law in every possible way to keep from cleaning up the water, which is baffling to me," said Linda Young, director of the Clean Water Network of Florida.
Young said she expects the DEP to apply the weakened rule for variances to water quality standards all over Florida — unless opponents can stop them in court. She said her group hopes to file a lawsuit over the change.
The DEP already has used the change to get a variance to dissolved oxygen standards on the lower section of the St. Johns River in northeast Florida.
Dissolved oxygen can be a result of too many nutrients in a water body, feeding algae blooms. The algae die, sucking oxygen out of the water and leading to fish kills.
Besides dissolved oxygen, other pollutants the change opens up to variances from water quality standards are bacteria, chlorides, dissolved solids, color, and cloudiness.
The change does not specify how to judge whether a variance will protect the water body, saying only that the DEP can use any "generally accepted scientific method or procedure."
DEP spokeswoman Jill Johnson said the change does not weaken state standards, it only recognizes that some water bodies cannot attain the state standard because of natural conditions.
"The department is charged with protecting the resource," she said. "The department isn't going to do anything to allow more (pollution) loading than the resource can handle."
She said the St. Johns River is one example of where a state water quality standard, dissolved oxygen, could not be attained.
"At this point, there aren't any others we're looking at right now," she said.
The trigger that would get the DEP looking at Southwest Florida water bodies is something called the impaired waters list. Waters on the list must be cleaned up, according to the Clean Water Act.
In Southwest Florida, the list of impaired waters repeatedly cites nutrients and dissolved oxygen as problems. The list has been changing since 1998.
That's when the EPA, facing a court order, issued the first list. The DEP challenged that list as unscientific and produced its own pared-down list of impaired waters in 2002.
The rules the DEP used to decide what to put on the list are tied up in litigation. A hearing is set for July in Tallahassee.
In 2003, the EPA approved parts of the DEP's list but rejected DEP efforts to remove some waters from the list. A 2007 deadline is looming for clean-ups plans for waters on the list.
The EPA list includes tributaries to Estero Bay in Lee County, the Tamiami Canal, the north stretch of the Barron River canal, Naples Bay, the Gordon River, the Gordon River canal, the Henderson Creek canal, the Golden Gate canal, the Blackwater River, Lake Trafford, and the Cocohatchee River and canal.
The DEP, however, considers data on Naples Bay, the Golden Gate canal and the Gordon River to be inconclusive. City and state monitors are doing more testing this year.
A spot on the list of impaired waters doesn't necessarily mean the DEP will force polluters to clean it up, Young said. The EPA would have to approve any cleanup plan.
The DEP has tried before to get around the Clean Water Act by watering down requirements for putting waters on the impaired waters list, proposing an inadequate cleanup plan for the St. Johns River and then changing the rules to allow for a variance from dissolved oxygen standards.
"For the DEP, this is a game," Young said.
If Naples Bay doesn't get help from the DEP, the EPA still should require a cleanup plan, she said.
"We're going to sue them if they don't," Young said.
She said there is one caveat to that vow: Young said her group wouldn't go to court without the blessing of local concerned citizens.
A push already is on at City Hall to create a plan for improving water quality in the bay that would be a substitute for any DEP cleanup plan. Naples Natural Resources Manager Mike Bauer has convened a group of environmental advocates, golf course managers, developers and bay-related businesses to come up with a Basin Management Action Plan, or BMAP. The group's second meeting is set for June 21 at City Hall.
"I don't want to get a variance," Bauer said. "I want to get the water clean. I really think people are interested in improving Naples Bay."
Young said the BMAP should have a goal of meeting water quality standards — not just creating pollution prevention programs that might or might not work.
"The devil is in the details," she said.




A large algal bloom chokes off the oxygen to Goodby's Creek along the St. Johns River, one of the most polluted waterways in Florida.
St. Johns River battleground for DEP, environmentalists
New rules will save businesses millions, officials say
By CATHY ZOLLO cathy.zollo@heraldtribune.com .

Lined by nearly three dozen water treatment plants, development and a pulp mill, the Lower St. Johns River in Jacksonville is one of the state's dirtiest rivers. But instead of cleaning up the river as required by the federal Clean Water Act, state officials are seeking to get around it by easing restrictions on how much pollution is allowed. The proposed changes would affect more than just the St. Johns River.

"They are changing water quality standards for the entire state," said Linda Young, director of the Clean Water Network of Florida. "This is a huge change."

State officials say relaxing the standards would save taxpayers and businesses hundreds of millions of dollars while maintaining the integrity of the state's waters. Environmentalists say it's just another example of the state kowtowing to industry at the expense of the environment, resulting in more red tides, algal blooms and the continuing decay of the state's rivers and estuaries.
The St. Johns begins as a marsh west of Vero Beach and meanders 310 miles north before slicing through Jacksonville and dumping into the Atlantic. The river moves slowly because the drop in elevation along its route is only about one inch per mile. Its slowness exacerbates the pollution problem. And it is in the northern third, the Lower St. Johns, that pollution pours from 33 sewage treatment plants, the Georgia Pacific paper mill and the urban runoff from sprawling Jacksonville. The massive amount of pollution from those sources blanketed the river under a mat of blue-green algae last summer. The algae, fed by pollution, choke off oxygen in the river.

Environmentalists like Young and Neil Armingeon, of the environmental watchdog group St. Johns Riverkeeper, say this isn't the first time the state Department of Environmental Protection has tried to flank Clean Water Act provisions to allow less cleanup of the dirty St. Johns. They say the weakening changes were tailor made for polluters like Georgia Pacific, just as were earlier and failed efforts to reduce water quality standards on the Lower St. Johns. Those came in 2004, when, under a federal Clean Water Act program, DEP sought to ease pollution controls for the river. An Army Corps of Engineers model said the river needed a 60 percent reduction in runoff for a return to health. Instead, DEP approved a plan that called for a 22 percent cleanup.
The federal Environmental Protection Agency approved the lower standards, prompting Young and others to sue. EPA rescinded its approval and went back to the higher standards. The recent change, now under EPA scrutiny, is another attempt by the DEP to skirt the Clean Water Act, Young said.
The rule change would let polluters choose how much they can dump into a water body rather than having to stay below a set limit, which has been the state and federal requirement. They'd do it through a special permit for their section of river. DEP can approve the higher pollution levels if the polluter can show the addition won't harm the water body. But environmentalists say the provision is loosely worded and gives polluters wide latitude when testing whether they are causing harm.
Rather than measuring pollution indicators like how much oxygen or bacteria is in the water, polluters and the state could use the health of fish, shellfish and aquatic plants to judge harm.

The problem, Young and others say, is that the plants and animals they are looking at can do well on low oxygen, while other river species can't. The list is mostly made up of juvenile fish and doesn't include the kind of fish anglers might want to catch on the St. Johns. "A juvenile can survive longer with less oxygen," Young said.

Jerry Brooks, deputy director of DEP's Water Quality Standards and Special Projects Program, said the proposed measure for the St. Johns River is intended to protect taxpayers from expensive but unnecessary projects. He pointed to a cost of "millions if not billions of dollars in order to achieve these water quality standards." Those costs include improving the 33 sewage plants and treating the storm water from 80 years of development in and around Jacksonville. Meeting the Clean Water Act would also force nutrient pollution limits on the Georgia Pacific paper mill for the first time.
Young and others say the sewage plant upgrades would cost under $300 million, or less than $9 a month per household. They also say storm-water cleanup could come at a slower pace with the cost spread out over many years if industrial and sewage sites spewed less pollution. "These people are looking for a level of health of the river not based on what's best for the river. They are looking at what's best for the bottom line," Armingeon said. "The Department of Environmental Protection believes that the public is stupid enough to believe that they are going to improve the health of the river by degrading it."
Armingeon and Young say the DEP knew the proposed rule change would meet opposition, so the agency tried to sneak it through during the 2005 holiday season and implement it in early January without the necessary EPA approval. But Young complained to federal officials, which put the effort on hold pending EPA approval. Young said another oddity about the DEP effort was that the agency acted as the petitioner even though state law says such petitions must come from affected parties. "They were hoping that no one would notice because they know EPA is probably not going to be able to approve that, and they know that if they do approve it, we're going to sue them," Young said.




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