"State moving forward with new Everglades restoration permit after talks with federal agencies"

Bruce Ritchie, 06/04/2012 - 06:47 PM

 South Florida Water Management District Executive Director Melissa Meeker on Monday described a tentative agreement reached with state and federal officials for proceeding on a revised plan for Everglades restoration.

"We are still working through the final points of the actual language," Meeker told her district's governing board on Monday.

The plan provides $880 million in new projects through 2025, Meeker said, in addition to some projects already under way. The district, she said, now has $220 million in the bank toward such projects.

U.S. District Judge Alan Gold in July 2008 ordered state and federal agencies to stop issuing permits for stormwater treatment areas. He ordered the U.S. Environmental Protection Agency to review state water quality standards for the Everglades.

In 2010, the federal EPA said that clean water standards for phosphorus were not being achieved in all parts of the Everglades and that further reductions of phosphorus pollution are needed south of Lake Okeechobee. High levels of phosphorus can convert sawgrass savannahs into a swamp full of cattails with less wildlife habitat.

Since Scott met with federal officials in October, state and federal agencies have been working on a revised plan, Meeker said. They have developed a technical plan that includes water quality-based pollution limits, new filter marshes and holding ponds to improve water treatment, and an implementation schedule through 2025.

DEP spokeswoman Jennifer Diaz said the state is submitting a revised permit to the Environmental Protection Agency by Wednesday and that it would be posted soon after on the state agency's website.

Meeker said the $880 million in new projects include new "flow equalization basins" that capture and store water and release it later into stormwater treatment areas during dry periods. 

She also said the plan assumes a contribution from taxpayers statewide and that the governor's representatives have met with legislative leaders to discuss it.

Meeker agreed with a board member's suggestion that the cost estimate was conservative with about one-third of the money now in the bank.

"In terms of the appropriations I think it is well within the means with what we have gotten in the past," she said. "There are no guarantees. It is the state Legislature."

But based on conversations the governor's office has had with legislative leaders, Meeker said, "they (legislators) felt the amount of money we were asking for was very reasonable and very doable."

Environmental Protection Agency spokesman Larry Lincoln commended the state for its hard work and said the federal agency will quickly review the submittal to determine whether it meets federal Clean Water Act requirements.

"The most important thing is for on-the-ground work to begin as soon as possible so we can begin work on these projects, which are vital to restoring water quality in the Everglades," Lincoln said.

Representatives of Audubon Florida and the Everglades Foundation spoke in support whileU.S. Sugar Corp. issued a statement in support. But Friends of the Everglades, which filed the lawsuit pending in Gold's court, said it was suspicious.

"Our fear is that the state once again has declined to impose enforceable remedies, adequate financing and best farming practices to sharply curtail phosphorous pollution of the Everglades as required by law," Friends of the Everglades President Alan Farago said.

Audubon Florida Executive Director Eric Draper said his group was glad to hear that the state and federal agencies are working together.

"The plan is clearly a major step forward with helping us get fresh water into the Everglades, which is what we need to do," Draper said.

 

 

"DEP committed to improving water quality" in Miami Herald Opinion Section.

Posted on Tue, May. 29, 2012
Drew Bartlett, director of DEP’s Division of Environmental Assessment and Restoration.

The future of Florida’s environment and economy depend on the health of our waterways. That’s why one of the top priorities of the Florida Department of Environmental Protection is getting Florida’s water right, in terms of quality and quantity. As part of our efforts, DEP is taking additional action to protect Florida’s water by improving our water quality standards and setting restoration goals.

Florida has always been a national leader in assessing and addressing the health of our waterways. Our efforts to advance environmental science account for 30 percent of the national water quality dataset, more than any other state in the nation.

We use this science to set standards for the amount of nutrients or contaminants that can exist in a healthy body of water. These water quality standards are important to protecting public health and the aquatic life in Florida’s waterbodies.

DEP is also launching an effort to adopt new, Florida-specific water quality standards to protect our citizens from eating contaminated fish and to protect our fish from harmful low dissolved oxygen conditions.

Florida’s current standards are based on science created more than 30 years ago. As you can imagine, our scientific knowledge has advanced greatly since then. Better data about our waters are available, and the ways we protect water quality have changed. We intend to move forward with these new standards by using updated, Florida-specific research.

Along these same lines, DEP is taking action to establish a mercury reduction goal (known as a TMDL) to address levels of mercury found in some Florida fish. When adopted, this will be the nation’s first mercury TMDL that addresses both freshwater and marine fish on a statewide basis.

DEP is committed to using new information and science to improve the way we protect public health and aquatic life into the future. Public involvement will be vital as we move forward with our rules through an open and transparent rulemaking process.

We recently held the first round of rule development workshops and are grateful to those who participated. There will be another opportunity for public participation during the second round of workshops, which we plan to hold in July.

I encourage Floridians to learn more about these rules and efforts to protect water quality by visiting www.dep.state.fl.us. We can all play a role in getting Florida’s water right.

© 2012 Miami Herald Media Company. All Rights Reserved.
http://www.miamiherald.com

Read more here: http://www.miamiherald.com/2012/05/29/v-print/2822842/dep-committed-to-improving-water.html#storylink=cpy

"Six months after sewage spill: Hollywood residents skeptical about canal's recovery"

By Tonya Alanez, Sun Sentinel

6:13 PM EDT, May 28, 2012

HOLLYWOOD

Six months after a disastrous sewer-main rupture dumped tens of millions of gallons of raw sewage into the C-10 canal, city officials say the waterway has rebounded remarkably. City residents say not so much.

"The amount of fish in the water is almost nonexistent," said Dale Miller, who lives in the 2700 block of Scott Street. "We're seeing some minnows coming back, which is good, but we would see snook and mullet and oscars, and they're not there anymore."

The city has spent $938,000 on clean-up and repairs since the Nov. 16 catastrophe contaminated the canal and inundated the residential neighborhood south of Taft Street with rancid spillage and mucky sludge.

Monthly water tests and the return of wildlife indicate a healthy ecosystem, city officials say.

But residents whose backyards overlook the canal say wildlife has been drastically depleted. Manatee sightings, which used to be common, are few and far between. Yet to return are the snook, tarpon, bass and mullet. And swimming is no longer a carefree option.

"[State environmental officials] told us that really within a relatively short amount of time the canal would bounce back, and that is certainly what we've seen," city spokeswoman Raelin Storey said. "Literally, within weeks we saw manatees in the canal, we saw wildlife returning to the canal, we saw birds in the canal, we saw fish in the canal, and so we know that the water quality in the canal has rebounded."

Monthly water-quality test results "indicate no impact in the overall water quality as a result of the spill," Storey said.

The state Department of Environmental Protection is still determining how much it will fine the city for re-routing the sewage into the canal, spokeswoman Cristina Llorens said.

"We had a great little oasis of nature here and it just hasn't been the same," said Michael Medlin, of the 1300 block of North 30th Court. "Hundreds and hundreds of fish were living under my dock, they all died off and have only been replaced by minnows, and I've seen a fraction of the number of manatees that we used to see on a regular basis."

For nearly three days raw sewage spilled into the middle of Taft Street after a 48-inch sewer main ruptured in the middle of the busy east-west thoroughfare.

The pipe ruptured after construction workers held back flows overnight while connecting a new sewer line into the Taft Street pipe, which normally transfers 10 million to 15 million gallons of untreated sewage a day to the Southern Regional Wastewater Treatment plant at the east end of Taft Street.

"The work was not able to be completed in the overnight hours as they anticipated and they were late in opening the line, so when all the morning flows started there was a tremendous amount of pressure in the line and then we had the rupture," Storey said.

City officials say the city had no choice but to divert the sewage into the canal to prevent flooding in the homes on North 31st Road.

In a Feb. 14 memo to city commissioners, Assistant City Manager Cathy Swanson-Rivenbark suggested holding the contractor, GlobeTec Construction LLC, responsible.

"The city took the stance of remediating as quickly as possible with the intentions of filing claims against the contractor's insurance," she wrote. "The City Attorney's Office is fully prepared to file suit should that course of action become necessary."

The city now is awaiting the results of a claim GlobeTec has submitted to its insurance company, Storey said. GlobeTec did not respond to two telephone message left at its Deerfield Beach office.

The city now is about midway through an estimated two-month project to strengthen the ruptured pipe. By inserting 1,300 feet of lining into the pipe, the city hopes to safeguard against any future breaks in other sections of the pipe that may have been weakened when pressure built up before the rupture.

While the work is under way, drivers should expect intermittent lane closures and narrowed lanes when traveling on Taft Street from the railroad tracks west of Interstate 95 to North 31st Road. The project should be completed in July, Storey said.

In the aftermath of the spill, the city hired a contractor to clean the canal and the yards of two dozen flooded homes. The contractor pressure-washed lawns, fences, driveways and sidewalks with disinfectant. They scrubbed and tested the water as required by the state DEP and took soil samples. They installed nine aerating pumps along the canal to pump oxygen to the bottom of the water and speed up the breakdown of fecal matter.

So far, the costs tally up to $938,000, including hotel rooms for displaced residents, clean up of the pool at the YMCA, canal remediation and aeration, and pipeline and street repairs.

"It's a terrible environmental disaster that never should have happened, but once it did, the city's response was quick … I give them credit," said Medlin, of North 30th Court. "Nevertheless, when the canal was like the most important factor in choosing to purchase this home, and feeling like something really important and special had been taken from you, it's a bit disconcerting."

Steve Shepard, of the 2600 block of Scott Street, continues to view the canal with suspicion. He wishes the city would have done more to cleanse the sediment on the bottom of the canal.

Although he's noticed blue crab and shrimp life emerging, he's troubled by the absence of snook and tarpon and he no longer allows his three children and golden retriever to swim in the water, he said.

"We're not going to touch the canal at all," Shepard said. "Pissed off, that's the best word I can use to express my emotion. I feel slighted. I couldn't believe a word that came out of anyone's mouth and the proof is in the water."

tealanez@tribune.com or 954-356-4542

Cost breakdown

Hollywood so far has spent $938,000 related to the sewer-main rupture. Here's the break down of approximate costs:

Impacted homeowners along North 31st Road (includes hotels, per diem, sod removal and replacement of sheds and contents):$24,000

Greater Hollywood YMCA Center:$115,000

Federation Plaza:$600

Rotary Park:$43,000

Land and Canal Remediation:$422,000

Canal Aeration:$100,000

Consultant:$17,000

Police and PRCA Overtime:$25,000

Force Main and Street Repair:$193,000

sun-sentinel.com/news/broward/fl-hollywood-canal-recovery-20120527,0,3629945.story

 

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.

"Deep dredging of Miami’s port gets final environmental OK" in @miamiherald

Posted on Fri, May. 25, 2012

By CHARLES RABIN

A month after reaching a legal settlement that cleared the way for the controversial $2 billion PortMiami expansion plan, the Florida Department of Environmental Protection has issued a permit that will allow the U.S. Army Corps of Engineers to dredge and deepen in and around Government Cut by up to 50 feet.

The project will be put out for bids this summer, with construction expected to begin in early 2013.

Port expansion advocates argue the deeper depth will allow PortMiami to be more competitive by accommodating larger vessels that are expected to make use of the new and wider Panama Canal when that project is completed some time next year.

Dredgers will follow protocols set by the Florida Keys National Marine Sanctuary, which means all hard coral colonies greater than 25 centimeters and up to 1,300 hard coral colonies between 10 and 25 centimeters will be relocated, 16.6 acres of new sea grass beds will be created, and more than nine acres of artificial reef will be built.

Last month, environmentalists who had spent two years arguing that blasting and digging in the port’s main channel would leave Biscayne Bay scarred, agreed to drop an administrative challenge after Miami-Dade County said it would spend $2.3 million on restoration and to monitor the project.


© 2012 Miami Herald Media Company. All Rights Reserved.
http://www.miamiherald.com

"The goal: more water conservation" - Opinion Letter in Miami Herald

Audubon Florida was happy to see the May 13 article South Florida cuts water use by 20 percent, on the success of South Florida’s water-conservation methods. Our region has made progress. But if South Floridians want water security in the future, more must be done through meaningful water conservation.

Does it make sense to build a multimillion dollar treatment plant or just ask residents to save water? Cooper City asked this question a few years ago and decided that water conservation was the answer. Today, the city has doubled its water conservation goal and saved $12 million in the process.

As the South Florida Water Management District updates the long-term water plan, conservation needs to be a top priority. Every county in our region should limit landscape irrigation to at least two days a week like Miami-Dade and Broward counties.

South Floridians each use an average of 140 gallons a day, and up to half of that amount is for outdoor irrigation. Local and state agencies should implement better leak detection programs so utilities, as they have reported, do not lose tens of millions of gallons of water. And, as one of the largest consumers of water — with an estimated demand of 604 million gallons a day — agricultural businesses in our region need to work to find better ways to conserve water, especially during droughts.

Conserving water today is securing water for tomorrow.

Jane Graham, Everglades policy associate, Audubon Florida, Miami

Read more here: http://www.miamiherald.com/2012/05/21/2810694/the-goal-more-water-conservation.html#storylink=cpy

"Don’t abandon the environment" in @miamiherald Opinion Section

Miami-Dade County’s Department of Environmental Resource Management — vital to the region’s natural resources, but reviled by some residents who consider it heavy-handed — already is a shadow of its former self. Now it looks like the county commission is poised to finish it off in the name of streamlining the county’s construction-permitting process and economic development.

That would be a mistake, putting the long-term environmental well-being of this community in danger. Environmental protection is not antithetical to either of those goals, and commissioners should seek balance when the issue comes up for discussion, scheduled for their Tuesday meeting.

County Mayor Carlos Gimenez last year combined the functions of the environmental, planning and zoning departments. It was part of his campaign promise to streamline county operations at a savings to tax-stressed residents. His idea of a “one-stop shop” for permitting functions makes a lot of sense. As he said: “You have to jump through 17 hoops for somebody to replace a sea wall.”

Now, in his pursuit of another overhaul, he and the commission must make sure that taxpayers ultimately don’t bear the high costs of a tainted, damaged environment. In many ways, it’s our bread and butter, drawing tourists, providing recreation and, yes, creating economic development. Compare the parks and condos that have come to line Biscayne Bay decades after it was cleaned of icky things that repelled rather than attracted water activities.

More important, this community is sitting on top of its water supply, a fragile resource that is under threat of contamination, along with the Everglades, which must be protected from further degradation.

Mr. Gimenez’s vision is to fold what remains of DERM into a new Regulatory and Economic Resources Department. DERM was responsible for enforcing a broad range of county, state and federal laws. But notice how “environment” is not even in the new department’s name. That’s worrisome, despite the mayor’s protestations that the environment — the air we breath, the water we drink, the landscapes and vistas we enjoy — remains a priority.

Apparently taking their cues from the state, which foolishly took a sledgehammer to its growth-management laws, some commissioners, too, seem ready to dismantle the policies that have stood between smart growth and a development free-for-all. One proposal would let small farmers fill wetlands without permits. This means that residents who have staked a claim in the 81/2-Square-Mile Area in west Miami-Dade could build in areas that, along with underground aquifers, provide the water the community relies on. Of course, these residents have waged a pitched battle with DERM — vilifying its inspectors and its fines — for almost two decades. But allowing building in designated wetlands would be a short-sighted sop to a very small group of disgruntled people, to the detriment of the rest of us.

Mr. Gimenez, however, is right to want to streamline the county’s construction-permitting process. It has been an impediment to getting businesses up and running and letting homeowners make necessary repairs and move on.

Still, replacing a sea wall remains a lot easier than replacing coral reefs and drinking water and wetlands. It was DERM’s responsibility to protect them all. And the mayor and commission must ensure that this responsibility does not disappear when the department does.

Water Wars..."Fracking bidders top farmers at water auction"

Posted:   04/02/2012 04:31:47 AM MDT

By BRUCE FINLEY The Denver Postdenverpost.com

DENVER—Front Range farmers bidding for water to grow crops through the coming hot summer and possible drought face new competition from oil and gas drillers.

At Colorado's premier auction for unallocated water this spring, companies that provide water for hydraulic fracturing at well sites were top bidders on supplies once claimed exclusively by farmers.

The prospect of tussling with energy industry giants over water leaves some farmers and environmentalists uneasy.

"What impact to our environment and our agricultural heritage are Coloradans willing to stomach for drilling and fracking?" said Gary Wockner, director of the Save the Poudre Coalition, devoted to protecting the Cache la Poudre River.

"Farm water grows crops, but it also often supports wildlife, wetlands and stream flows back to our rivers. Most drilling and fracking water is lost from the hydrological cycle forever," Wockner said. "Any transfer of water from rivers and farms to drilling and fracking will negatively impact Colorado's environment and wildlife."

The Northern Water Conservancy District runs the auction, offering excess water diverted from the Colorado River Basin—25,000 acre-feet so far this year—and conveyed through a 13-mile tunnel under the Continental Divide.

A growing portion of that water now will be pumped thousands of feet underground at well sites to coax out oil and gas.

State officials charged with promoting and regulating the energy industry estimated that fracking required about 13,900 acre-feet in 2010. That's a small share of the total water consumed in Colorado, about 0.08 percent. However, this fast-growing share already exceeds the amount that the ski industry draws from mountain rivers for making artificial snow. Each oil or gas well drilled requires 500,000 to 5 million gallons of water.

A Colorado Oil and Gas Conservation Commission report projected water needs for fracking will increase to 18,700 acre-feet a year by 2015.

Farmers who go to the auctions seeking to produce food—or maybe plant more acres—are on equal footing with companies seeking water for fracking, Northern Water spokesman Brian Werner said.

"If you have a beneficial use for the water, then you can bid for that water," Werner said. "We see the beneficial use of the water as a positive for the economy of the whole region. Fracking is one of those uses. Our uses of water have evolved over 150 years."

Riding his tractor last week, Colorado hay producer Lar Voss, who bid for water at the recent auction, accepted this approach. Voss bid for 100 acre-feet "to be sure I've got enough for the crops," he said. Selling water to those who can pay the most "is what ought to happen."

But farming advocacy groups raise concerns.

"How do we continue to sustain agriculture when there's just more and more demand on our water resources in this state?" said Bill Midcap, director of the Rocky Mountain Farmers Union, which represents 22,000 producers in Colorado, Wyoming and New Mexico.

"The governor has said agriculture is helping Colorado come out of this recession. How do we keep those dollars flowing from agriculture into the state economy with more and more stress on our resources—such as water?"

Energy industry players "carry a big stick" at auctions and likely have the money to prevail in a free-market competition for scarce water, Midcap said.

At the recent auction, Fort Lupton-based A & W Water Service Inc. bid successfully for 1,500 acre-feet of water, paying about $35 per acre-foot. That's slightly higher than the market price that irrigators pay for leasing water along the Front Range. The average price paid for water at NWCD's auctions has increased from around $22 an acre-foot in 2010 to $28 this year.

A & W also leases water from Longmont, Loveland, Greeley and other cities—and hauls it to drilling sites.

Among other bidders seeking water for industrial use, Leonard Wiest, president of the Windsor-based development company Trollco Inc., said he sees growing revenue from energy firms.

"If we've got the water, we would welcome them as a customer," Wiest said.

State natural resources officials emphasize that fracking still uses a relatively small share of water consumed in the state, with around 87 percent used for agriculture.

"The future is upon us. There's always been competition for water in Colorado. As industries develop, and industries fade, you'll see a shift in who can afford to pay the price," said Nicole Seltzer, director of the Colorado Foundation for Water Education, a nonprofit funded by state government and the energy industry.

Colorado's state-backed round-table process for addressing water challenges "has made preserving agricultural water in this state a priority," Seltzer said. "But you have to balance that with a free-market economy."

Copyright 2012 The Denver Post. All rights reserved.

Our water infrastructure is falling apart..."Miami-Dade’s leaky pipes: More than 47 million gallons of waste spilled in past two years" in @miamiherald

Posted on Mon, May. 14, 2012

Miami-Dade’s leaky pipes: More than 47 million gallons of waste spilled in past two years

By CHARLES RABIN AND CURTIS MORGAN
crabin@MiamiHerald.com

 

The central district Wastewater Treatment Plant, on Key Biscayne, Monday.
MARICE COHN BAND / MIAMI HERALD STAFF
The central district Wastewater Treatment Plant, on Key Biscayne, Monday.
Miami-Dade County’s antiquated sewer system has ruptured at least 65 times over the past two years, spewing more than 47 million gallons of untreated human waste into waterways and streets from rural South Miami-Dade to the ritzy condos of Brickell Avenue to the Broward County border.

The breaks and blowouts — topping out at nine in a single stinky month last October — were documented in nine warning letters that state environmental regulators sent to the county’s Water and Sewer Department between June 2010 and April.

The letters, warning that the county could be on the hook for “damages and restoration’’ and civil penalties of up to $10,000 a day, were the catalyst for ongoing negotiations with the U.S. Environmental Protection Agency, U.S. Department of Justice and Florida Department of Environmental Protection. The talks are expected to end with a legal settlement committing the county to a multibillion-dollar plumbing repair plan — and probable customer rate hikes.

The letters lay out more dirty details of “unauthorized discharges’’ not included in a 78-page draft consent decree released last week that declares the county in violation of federal water quality laws, in large part because some of the foul spills drained into canals and Biscayne Bay.

Many of the leaks from the county’s 7,500 miles of lines were relatively minor, posing minimal traffic disruptions and public health concerns. But at least eight topped 100,000 gallons. Six more released more than 1 million gallons of raw sewage from rusted valves or cracked concrete-and-steel pipes that county engineers acknowledge had long out-lived their intended life span.

The worst problem by far, according to the DEP letters, is the county’s aging Central District Wastewater Plant on Virginia Key, which is designed to discharge partially treated sewage out a pipe more than a mile off shore. State records show that between October and December 2011 four separate failures sent a total of more than 19 million gallons spilling from the plant.

The largest at Virginia Key, on Oct. 9, spilled 17 million gallons of raw sewage.

Doug Yoder, the Water and Sewer Department’s deputy director, blamed it on a broken pin holding a filter screen used to divert “chunks of stuff” from the liquid flow. Once the pin failed, the thick solids built up, triggering a massive back-up that forced workers to shut down that plant and divert incoming sewage to another site, causing even more of an overflow.

The public never heard about that failure, Yoder said, because “nothing actually left the plant site. The overflow went into the storm drains, then back to the plant.”

But three weeks later, on Oct. 31, another million gallons of partially-treated sewage spilled out a relief valve into surrounding bay waters, forcing Miami-Dade to issue no-swimming advisories. That was triggered by a power outage that shut down a pump as operators shifted from a generator to the power grid.

Yoder conceded operators have a difficult task at Virginia Key, the oldest and most decaying of the county’s three plants. It handles some 25 million gallons of raw sewage a day from Surfside, Bal Harbour and Miami Beach. The county has mulled replacing it, which would cost $500 million — money Yoder said the department doesn’t have. He also acknowledged the department has resisted pouring a lot of repair money into a plant it hopes to replace.

“We want to avoid spending a lot to keep it running if we’re going to take it out of service,” he said.

The federal enforcement action isn’t the county’s first. In 1996, Miami-Dade paid a $2 million fine — at the time the largest ever for a U.S. Clean Water Act violation — and agreed to expand the capacity of a system that was constantly pouring raw sewage into the Miami River and Biscayne Bay.

Since then, the department estimates it has spent some $2 billion on upgrades but hasn’t come close to covering needed fixes for a system in which many pipelines are approach a half-century in age or even older.

Blanca Mesa, an activist with the Sierra Club who has raised concerns about the county’s plans to replace only one segment of an aging and fragile sewer pipe under Government Cut, said the failures point to a long history of ignoring problems and putting off proper maintenance. She said today’s problems echo failures detailed in a 1991 grand jury report documenting sewage spills into the Miami River.

“Somebody has to understand we have to set the right priorities in this county, and we haven’t been doing that for a very long time,’’ she said.

Miami-Dade Commission Chairman Joe Martinez agrees the county has to find a way to pay for the repair work. One option might be to issue bonds, Martinez said, but he would insist that property tax bills don’t rise for residents as a result. Martinez said it’s possible that any increase in bond debt would be offset by a decrease in the property tax rate, if home values rise this year, as he expects.

“We’re going to have to wait until the tax rolls come out,” he said. “We definitely need to fix the infrastructure, but we must gain people’s confidence that [the money] will be used for that.”

Mayor Carlos Gimenez said he is waiting to learn how much money the county would need to spend before committing to a financing plan. First he would look to reduce water department costs, he said, then possibly enter some type of private-public partnership.

“The last thing we want to do is put any kind of burden on the public,” he said.

Past political decisions have compounded the sewer department’s problems, by cutting into reserve funds that could have helped finance the system upgrades.

Historically, county leaders tapped water department funds for other departments struggling to make ends meet. Though that practice stopped in 2007, last year the Water and Sewer Department still “loaned’’ $25 million to the county’s general fund to help balance the books. Payback is scheduled to begin in 2014, at $5 million a year.

Right now, the department has three reserve accounts. One is required to maintain a 60-day reserve, or $55.7 million. Another is expected to have about $30 million by the end of this budget year in September. A third is empty.

Another type of reserve account intended for unexpected repairs maintains between $50 million and $60 million each year — a fraction of the repair bill that county engineers estimate could run into the billions.

Adding to the problem, county commissioners and mayors have repeatedly resisted raising what rank as some of the lowest water and sewer fees in the state — though they did boost it 4.7 percent last year. The average homeowner pays about $135 quarterly, according to the county.

Miami-Dade certainly isn’t alone in struggling to mend its leaky and aging sewage system. Most major cities in the United States have similar problems. The EPA estimates there are 240,000 water and sewer main breaks across the country each year, and puts the price tag at hundreds of billions of dollars.

In Broward County, for instance, state regulators say sewer failures have sometimes drawn scrutiny but not a similar sweeping state-federal enforcement case. Waste there is handled by 28 different utilities with much smaller and generally newer systems. Miami-Dade’s system is the largest, and among the oldest, in the state with huge pipelines carrying large volumes over long distances.

Alan Garcia, director of Broward’s wastewater and water services, said less than 3 percent of the county’s 7 million feet of pipes is older than 50 years. About 40 percent of the county’s breaks are construction related, he said.

“We do an aggressive job of monitoring our pipes,’’ he said.

Jennifer Diaz, a Florida DEP spokeswoman, said Miami-Dade hasn’t tried to cover up its problems, acknowledging in an April 2011 “self assessment’’ sent to the EPA that numerous breaks were putting the county in violation of the U.S. Clean Water Act.

The DEP opened its own enforcement case against Miami-Dade in 2009. But the following year, after consulting with the EPA and Miami-Dade, all the parties agreed to draw up a joint state-federal consent decree that acknowledges “improper’’ management and maintenance practices.

In a written statement, Diaz said the spills “are mitigated by Miami-Dade to the greatest extent possible.’’

Still, the potential failure of some key pipelines could have disastrous consequences. Earlier this year a consultant warned that the sewer main running under Government Cut to Virginia Key was so brittle it could rupture at any time. It was constructed from pipe made by a now-defunct company named Interpace, whose notoriously defective products have been linked to a number of major failures.

Though county engineers maintain the pipeline remains safe for daily use, department director John Renfrow acknowledged an unexpected failure would be “catastrophic,” spewing tens of millions of gallons of raw sewage into Biscayne Bay.

His warning echoes one issued exactly two decades ago about potential sewer line breaks by a Miami-Dade grand jury appalled by environmental and other conditions in the Miami River.

“The Miami River and Biscayne Bay would experience the worst environmental catastrophes in modern history,’’ the 1991 report warned. “The detrimental impact of a spill of this type and the cleanup and mitigation costs are incalculable. If we are seriously concerned about the bay, we must address this known environmental hazard now.’’

Miami Herald staff writer Carli Teproff contributed to this report.