Department of Environmental Protection Secretary Herschel Vinyard. Photo Credit: Ana Goni-LessanDEP Secretary Herschel T. Vinyard Jr. said Thursday he's concerned that establishing a committee to oversee springs issues could delay department efforts to protect water.
The comments were in response to statements Wednesday from former Sen. Bob Graham in a letter that he and other members of the Florida Conservation Coalition sent to Gov. Rick Scott.
The letter cited dramatic declines in water flows to Silver and Rainbow springs in Marion County. Graham called on Scott to establish a resource planning and management committee as provided for under Florida law to oversee protection of springs in north Florida.
Vinyard said he shares Graham's sense of urgency in dealing with water issues. But Vinyard said establishing a committee could delay department efforts already under way, including two regional initiatives that are holding public meetings scheduled for next week.
"To start from square one with a new committee or commission seems to be an opportunity for delay," Vinyard told The Florida Current. "And what I have is a sense of urgency. I want for both to move forward and move forward quickly."
The Central Florida Water Initiative includes only Seminole, Orange, Osceola Lake and Polk counties. Agencies involved in the initiative are hosting an open house Thursday in St. Cloud.
On Monday, the North Florida Regional Water Supply Partnership holds its initial stakeholder advisory committee meeting at the St. Johns River Water Management District in Palatka. DEP and the Suwannee River Water Management District also are involved.
A third working group was established three weeks ago to share data on Silver and Rainbow springs, said Jennifer Diaz, DEP's press secretary. The agencies involved are DEP's Florida Geological Survey, the St. Johns River Water Management District and Southwest Florida Water Management District.
Graham told the Current on Thursday that the lack of setting "minimum flows and levels" to protect Silver Springs shows the state water regulatory system is not working. Adena Springs Ranch has applied to pump more than 13 million gallons per day of groundwater.
Vinyard said he doesn't know why the minimum flows haven't been set for those springs. The St. Johns River Water Management District says it will set minimum flows for Silver Springs in 2013, after the ranch permit could be issued.
After being appointed last year, Vinyard said he established DEP's first Office of Water Policy to improve the sharing of science among the state's water districts.
"Obviously I can't control what was done or not done in the previous 30 years," Vinyard said. "But I share the public's concern."
"We have some of the best scientists, really, in the world on water issues housed in our water management districts and housed at DEP. They certainly have our support to do the right thing to protect these resources. I'm encouraging them to move as quickly as the science allows."
Related Research: Read Monday's letter from the Florida Conservation Coalition.
Reporter Bruce Ritchie can be reached at britchie@thefloridacurrent.com.
Bruce Ritchie, 06/07/2012 - 05:55 PM
An administrative law judge on Thursday upheld the state's proposed new water quality rules that are intended to replace federal rules that agriculture and industry groups oppose.
Environmental groups had challenged the rules, called numeric nutrient criteria, saying they are weak and unenforceable and would lead to continued toxic algae blooms in Florida waters. However, Administrative Law Judge Bram D. E. Canter said in his 58-page order the groups failed to make their case with the evidence presented.
Scientists say increasing nitrogen from a variety of sources including fertilizer, wastewater and industrial plants is causing waterways to become choked with algae. The rules would set limits for nitrogen and phosphorus or require studies to show that waterways are not impaired.
The Florida Department of Environmental Protection has forwarded its rules the U.S. Environmental Protection Agency for review and approval. EPA's rules were thrown out by a federal judge earlier this year.
The rules were approved in December by the state Environmental Regulation Commission. In February, Gov. Rick Scott signed HB 7051 waiving legislative ratification of the proposed rules.
In a written statement Thursday, DEP Secretary Herschel T. Vinyard Jr. said the department looks forward to getting the rules on the books as soon as possible.
"It’s time to turn our focus on improving water quality, put our plan into action and end needless litigation that delays Florida’s rules,” Vinyard said.
David Guest, an attorney for the nonprofit Earthjustice law firm representing environmental groups, said his clients could challenge federal approval of the state rules, but he said that federal approval may not happen.
"With evidence around the state this is a grave and growing problem there is a reason to think (the federal) EPA would consider public health as a reason to look at this pretty carefully," he told The Florida Current. Earthjustice represents the Florida Wildlife Federation, St. Johns River Keeper, the Conservancy of Southwest Florida, the Sierra Club and the Environmental Confederation of Southwest Florida.
During a two-week hearing in late February and early March, Earthjustice presented testimony from aquatic scientists who said the rules would not protect waterways from algae blooms caused by excessive nitrogen and phosphorous.
Canter said deference must be given to an agency when it makes a scientific determination on proposed rules. He said it was regrettable that the experts on both sides were so far apart.
But he also said the environmental groups failed to show that DEP lacked authority to propose the rules or that they met the "arbitrary and capricious" standard.
The department's experts "were supported by expert testimony, reports, graphs and data summaries generated by investigations that involved many scientists focused on the specific objective of developing nutrient criteria," Canter wrote.
"In contrast, petitioners' position was usually supported only by expert opinions that were based on data collected for different purposes and not presented or made a part of the record," he wrote.
DEP officials hope this week to notify the federal EPA of the judge's decision, said Drew Bartlett, director of DEP's Division of Environmental Assessment and Restoration. Then the federal agency will have 60 days to approve the state rules and then would have to withdraw the federal rule for the state rules to take effect.
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By CHARLES RABIN
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