"Saving Florida’s rivers" @miamiherald

Saving Florida’s riversOUR OPINION: Urgent task can no longer be postponed

HeraldEd@MiamiHerald.com

Like Florida’s Everglades, the unique “River of Grass,” many of the state’s other rivers are also beset by pollution and fluctuating water levels thanks to seasonal droughts and increasing demand for drinking water in urban areas. Unlike the Everglades, however, many of these threatened rivers are getting no relief. So says a year-long study, Down by the river, of 22 rivers statewide conducted by the Orlando Sentinel.

From the Apalachicola River in the Panhandle to the Miami River in the heart of the state’s largest urban core, Florida’s waterways, which stem from springs and lakes and often intersect, need more help. There are no quick fixes, and certainly no cheap remedies. The state doesn’t completely neglect its abundant waterways — Florida taxpayers already send more than $1 billion a year in fees and taxes to several state agencies that regulate waterways. But all who understand the dimensions of the widespread pollution say much more money will be needed over time.

Largely because of the expense, the state has spent 14 long years resisting the federal Environmental Protection Agency’s 1998 requirement that states write water-quality controls with effective measures to curb pollution in their rivers, lakes and other waterways by 2004.

Florida balked, citing enormous costs, with state officials and EPA bosses in a perpetual sparring match. The state missed the 2004 deadline, and in 2008, exasperated environmental groups sued the state in federal court, citing the federal Clean Water Act. Finally, under court pressure, the EPA agreed to write the rules and impose them on Florida, which continued to resist. But in what is largely seen as a bit of election-year politicking, the EPA in late 2011 backed off, saying the state could write the rules after all.

Still, Florida officials, citing huge compliance expenses for urban areas, industry and agribusiness, resisted. And all the while, the state’s waterways grew more nasty things like algae blooms and dead zones, as runoff of every kind continued. But the end of this battle may be in sight. Last month, U.S. District Judge Robert Hinkle denied the state’s request for more time. He ordered the EPA to implement its water-quality rules in Florida.

What the state does next is anybody’s guess. But what it should do is comply with the judge’s ruling. This will not be easy, yet it’s vitally necessary if the state is to protect its drinking-water supply, which come from waterways, springs and underground aquifers. The costs are high, but the stakes are higher. If Florida is to continue to attract new business investment and residents it has to safeguard this most fundamental basic need of existence.

There are some ongoing efforts to protect and restore some waterways. In the 1980s, the Save our Rivers program bought nearly 2 million acres of open space to protect river basins. The restoration of the historic, north-flowing St. Johns River is one of the state’s most ambitious environmental projects. So is the restoration of the Kissimmee River to its traditional ox-bow flow by the U.S. Corps of Engineers . The cost for both restorations totals $2.5 billion so far.

And then, of course, there is the 20-year plan to restore the Everglades, which is an example of how the state’s waterways are interconnected. The Kissimmee River, located north of Lake Okeechobee, dumps polluting nutrients and urban runoff into the lake, which in turn dumps them into the Everglades and magnificent river estuaries on both coasts of Florida. Cleaning up the Kissimmee is as necessary a step toward Everglades restoration as all the other related cleanup projects in the Comprehensive Everglades Restoration Plan.

It’s also an example of how complex the state’s waterway systems are and why cleaning up and protecting all the state’s water bodies from further pollution can’t be avoided any longer.

"Florida environmental agency lays off longtime employees and hires from regulated industries" @tbtimes

In 2003, when a leaky gypsum stack at an abandoned phosphate plant threatened to kill a vast cross section of Tampa Bay's marine life, Charles Kovach came up with a solution that saved the bay.

But this month, 17 years after he was hired by the state Department of Environmental Protection, Kovach was one of 58 DEP employees laid off by the agency. Kovach believes those layoffs were designed to loosen regulation of polluting industries.

"I've seen the way politics has influenced that agency in the past, but never like this," Kovach said. "It's not about compliance (with the rules). It's about making things look like they're compliant."

On top of the layoffs is the fact that DEP Secretary Herschel Vinyard has installed a number of new people in the agency's upper ranks whose prior experience was working as engineers or consultants for companies the DEP regulates.

The DEP's deputy secretary in charge of regulatory programs previously spent a decade as an engineer who specialized in getting clients their environmental permits. Another engineer who worked for developers heads up the division of water resources. A lawyer who helped power plants get their permits is now in charge of air pollution permitting. An engineering company lobbyist became a deputy director overseeing water and sewer facilities.

And the DEP's chief operating officer is a former chemical company and real estate executive from Brandon. He's not an employee, though. He's a consultant who's being paid $83 an hour — more than Vinyard makes on a per-hour basis — to advise Vinyard and his staff on ways to save money.

The DEP "was never great," said Mark Bardolph, a 27-year DEP veteran — and onetime whistle-blower — who was laid off from the Tallahassee office. "But now it's all a political farce."

DEP press secretary Patrick Gillespie defended the agency's staffing under Vinyard.

"The department strives to employ the most qualified staff members and seeks a diverse group of individuals to lead and support our mission of protecting the environment," Gillespie said in an e-mail. The layoffs weren't aimed at politicizing the agency or placating industry, Gillespie said. Instead, he said, the DEP was ensuring that "staffing levels are reflected by workloads and supporting the mission of protecting the environment."

The agency's leaders "have spent months assessing staff and structures to identify inefficiencies and improvements and how to more effectively carry out our duties," he said.

As for Brandon-based consultant Randall F. "Randy" Greene, Gillespie said he was hired because he "has a background in financial consulting and transactions and specializes in strategic and financial planning for companies and their officers."

However, Gillespie could provide no contracts or other paperwork documenting what Greene does or when and why he was hired. Gillespie said he only works part-time but a state website lists Greene as a full-time employee. Greene could not be reached for comment, but his Linkedin entry says he has served as the DEP's chief operating officer since September 2011.

The hiring of people from the private sector to run the agency's most important divisions has been going on since Vinyard, a shipyard executive, was appointed to the office in January 2011 by Gov. Rick Scott. According to former employees, the hiring and layoffs reflect the Scott administration's pro-business attitudes.

"It's a hatred of regulation in general and in particular environmental regulations," Bardolph said. "It's profit that counts."

Kovach, Bardolph and the other employees who were laid off learned their fate in November, but were kept on the payroll until this month to give them time to find new employment. One was notified via e-mail while on active duty with the Coast Guard, according to the advocacy group Public Employees for Environmental Responsibility.

"The majority of positions they were eliminating are compliance and enforcement positions," said PEER's Jerry Phillips, a former DEP attorney. "They want to essentially turn the agency over to the regulated industries."

Gillespie called Phillips' allegations "baseless" and said, "Rather than allow for environmental harm to occur and fine an entity after the fact, the department has put more effort into outreach and education in order to keep businesses and other permit holders in compliance."

Both Kovach and Bardolph said the layoffs appeared to target more experienced employees, regardless of their past achievements or the importance of their jobs.

"They got rid of everyone with any history and knowledge," Kovach said. The people who remain, he predicted, will be so cowed they "won't be able to speak their minds."

Kovach was not known to be shy about speaking up. Nine years ago, when the bankrupt Piney Point phosphate plant began leaking and threatened to spill millions of gallons of waste into the bay, it was his proposal that saved the day: load it onto barges that sprayed it across a 20,000-square-mile area in the Gulf of Mexico.

When his bosses told him he was being laid off, Kovach said, "they said, 'Don't you think it's about time you look for a new career?' " When he asked what they meant, "they suggested academia."

Bardolph had run into trouble for speaking out before. As a state dairy inspector, he filed a complaint in 1999 alleging the DEP had failed to protect the aquifer from animal waste. As a result, he was transferred to a section that had nothing to do with permitting. Instead, he worked with people whose wells had been contaminated to help them find a new source of water. He was assisting a dozen or so when the ax fell, he said, and he was escorted out of the office with his belongings in a box.

The people deciding who was laid off "looked at an organizational chart, but they didn't even know what people did," Bardolph said. "My boss was just outraged that they got rid of me."

Then, Bardolph said, they got rid of his boss, too.

By Craig Pittman, Times Staff Writer

Times researcher Caryn Baird contributed to this report. Craig Pittman can be reached at craig@tampabay.com.