Environmentalists battle DEP, industries on two fronts

Bruce Ritchie, 05/24/2012 - 05:38 PM

Environmentalists said Thursday they will ask the Florida Supreme Court to require the governor and Cabinet to decide on a plan for a pollution pipeline into the St. Johns River approved by the state.

Also Thursday, the Earthjustice law firm and the Florida Wildlife Federation, which are fighting proposed state pollution rules, said an algae bloom on the Santa Fe River demonstrates the need for tougher federal rules instead of the state rules.

The actions represent separate fights between environmental groups and the Florida Department of Environmental Protection along with industry groups over water quality.

The Clean Water Network of Florida and its allies continue to fight DEP and the pulp and paper industry over its proposals to build pollution pipelines. DEP in 1994 issued an order toGeorgia-Pacific to make water quality improvements and to construct a four-mile pipeline to move the discharge at its Palatka plant from Rice Creek to the St. Johns River. 

A draft petition states that by allowing "mixing zones" for pollution from the pipeline, DEP is allowing for the "private use" of submerged state lands without approval by the Cabinet, which has responsibility in the state Constitution to approve those uses and require compensation. 

Georgia-Pacific spokeswoman Trish Bowles said the company had received a submerged lands lease easement from the governor and Cabinet in 2003 for the pipeline and that a separate mixing zone easement is not required. She said the company has spent $200 million on water quality improvements at the plant since 2002.

A DEP spokeswoman said the department is still reviewing the petition but she pointed out that mixing zones are a part of state water quality standards and are kept to the smallest size possible while maintaining designated waterway uses.

On Thursday, Earthjustice and the Florida Wildlife Federation highlighted Gainesville Suncoverage of the Santa Fe River, where health officials have advised people not to swim, consume fish or drink water near an algae bloom although it hasn't been classified as toxic.

“This is heartbreaking for people and for wildlife,” Florida Wildlife Federation President Manley Fuller said in a news release. “It’s a full-blown crisis like we’ve never seen before on the beautiful Santa Fe River.”

Earthjustice represents the federation and other groups that filed a legal challenge to block proposed state water quality rules, called numeric nutrient criteria. The state rules are proposed to replace federal water quality rules that are being rewritten after a federal judge earlier this year found them to be "arbitrary and capricious."

Industry groups favor the proposed state rules that DEP says are more flexible and will cost less for industries and utilities to comply with while protecting water quality. Environmental groups say the proposed state rules are weak and will result in continued increases in nitrogen that feeds the algae choking springs and other waterways.

Ryan Banfill, a spokesman for a coalition of industry groups, cities and counties that have opposed the federal rules, said it's hard to understand how the environmentalists who are opposing the state rules are complaining about foot-dragging on pollution.

Reporter Bruce Ritchie can be reached at britchie@thefloridacurrent.com.