Facilities not complying with Clean Water Act permits

[riverkeepered]

St. Johns Riverkeeper and the Public Trust Environmental Law Institute of Florida, Inc. just released a study, Lower St. Johns River Compliance Report, that analyzes National Pollution Discharge Elimination System (NPDES) permit data specific to the St. Johns River.  The groups reviewed Department of Environmental Protection (DEP) permit files over a 20-month period, from January 1, 2005 to August 31, 2006.   

The purpose of the Lower St. Johns River Compliance Report is to: (1) evaluate the effectiveness of facilities in complying with the limits and conditions of their NPDES permits, and (2) educate the public and provide insight into how DEP oversees the NPDES program and fulfills its responsibility of protecting our waterways.  The results clearly indicate that problems exist with the compliance of NPDES permits and the administration and execution of the NPDES program.  This analysis serves to document those shortcomings and provide recommendations to address those problems.     

Key Findings:

* The permit review documented 252 violations of NPDES permit limits or conditions and 46 Sanitary Sewer Overflows (SSOs) for a total of 298 total violations during the 20-month study period.  SSOs totaled almost 266,000 gallons of material, with the majority relating to sewage.

* Nitrogen-related violations were the most frequent type of violation with 73 incidences.  Other Water Quality issues were a close second with 65 occurrences.  Bacteria violations numbered 44, and Oxygen related violations totaled 26.   There were 21 violations involving heavy metals, followed by 12 violations involving toxic chemicals.  There were 11 flow violations.  When combined with the 46 SSO violations, flow and SSOs combine to create a substantial problem.

* JEA’s Julington Creek Water Reclamation Facility (WRF or WWTF) led all facilities in the number of violations with 37.  The Julington Creek wastewater treatment facility was followed by Paradise Point WWTF with 27 violations.  Hiawatha and Hart Point WWTF each had 22 permit violations.   

* JEA facilities, the majority of which are wastewater treatment facilities, violated their permits a total of 64 times.  JEA facilities accounted for over 90% of the SSO violations, 42 of the 46 events.     

*  The review noted that DEP designated 27 facilities as “Out-of-Compliance” and documented 36 various “compliance” related incidences.  Eighteen facilities were designated as “Significantly-Out-of-Compliance”.   

*  A review of the data indicates that some facilities were allowed to operate for long periods of time with an out-of-compliance designation.  In some cases, the time period was over a year.  For example, the DEP declared East Putman County Road WWTP as “significantly-out-of-compliance” in March 2005.  A year later, the facility was again designated as “significantly-out-of-compliance”.  The Palatka WWTF was listed as “out-of-compliance” in July of 2005.  A return inspection almost a year later, in June 2006, resulted in the plant being declared “significantly-out-of-compliance”.

Currently, the Lower St. Johns River is designated as “impaired” or polluted because of too much nutrient (nitrogen) pollution, and most of the creeks and tributaries in Duval County have high levels of fecal coliform bacteria.  In other words, our river and creeks are already polluted.  These permit violations are violations of the law--illegally contributing additional pollution to our waterways causing further degradation. 

If we are going to spend millions of taxpayer dollars to restore the health of the St. Johns, then compliance and enforcement of our environmental laws must be a priority, as well.  The facilities that are violating the terms of their permits must do a better job of complying with the law.  DEP, the state agency charged with protecting the river, must do a better job of enforcing the laws and encouraging compliance.  We deserve better, and so does our river.

For more information, visit the St. Johns Riverkeeper website â€" www.stjohnsriverkeeper.org.  You can download the Lower St. Johns River Compliance Report and view the original documents from the DEP files that verify the violations.

[riverkeepered]

The Florida Times-Union

July 3, 2007

Regulations are strongly enforced

By
The Times-Union

I would like to address some points that were made in the recent St. Johns Riverkeeper and Public Trust Environmental Law Institute of Florida's "Lower St. Johns River Compliance Report."

The Florida Department of Environmental Protection takes compliance of state rules and regulations seriously. It is the first step to providing long-term protection for Florida's natural resources.

Firm and consistent enforcement of state and federal environmental laws ensures more protection for public health, a stronger economy, and a better, cleaner environment for residents and businesses.

This report draws conclusions that all permit violations have surface water impacts to the Lower St. Johns River. The department takes any violation of state law seriously.

However, it is worthy to note that some of the violations included in this report are for improper record storage, laboratory errors or good housekeeping at the facility.

Suggesting that these violations are impairing Florida's waterways is misleading to the public and an unfair representation of the department's compliance and enforcement record.

Referenced in the report were a number of facilities that had violations. It is important to understand the actions that are taken when violations occur.

For instance, the Julington Creek Wastewater Treatment Facility, which was cited for permitted effluent limitations, was fined more than $32,000 and ordered to do corrective actions at the facility in order to promptly address future impacts to the environment.

The department works diligently with wastewater facilities to minimize impacts to our natural resources. It strongly and quickly enforces our rules and regulations when violations occur.

Also referenced in the report was the ability to access our compliance and enforcement records online.

As part of the state of Florida's ongoing efforts to improve customer service, Gov. Charlie Crist appointed a nine-member Commission on Open Government to review and evaluate the public's right of access to government meetings and records.

Included in the commission's responsibilities is the evaluation of the collection, storage, retrieval, dissemination and accessibility of public records through advanced technologies, including Internet access.

These efforts will elevate the department's current and long-standing amenability of providing any records on request.

In the meantime, the DEP will continue to improve its customer service procedures through a number of citizen surveys and pilot programs, as well as internal audits.

Undeniably, we are committed to enforcing the state's firm and fair environmental regulations in order to protect public health and Florida's natural resources in full view of the Sunshine Law.

MICHAEL W. SOLE, secretary, Florida Department of Environmental Protection, Tallahassee

This story can be found on Jacksonville.com at http://www.jacksonville.com/tu-online/stories/070307/opl_181654316.shtml.

This attempt by Mike Sole, the Secretary of the Department of Environmental Protection, to diminish and make light of nearly 300 permit violation, many of which involved raw sewage, is outrageous.  One only has to visit the Riverkeeper website and read the Lower St. Johns River Compliance Report to see why Sole's response lacks credibility and demonstrates his unwilling to face the facts (http://www.stjohnsriverkeeper.org).  Sole glosses over the fact that the report provides electronic scans of the original documents verifying the violations and documents several instances where facilities were allowed to continue to operate out of compliance (outside of the law) for long periods of time before any enforcement action was taken by the DEP.  In addition, one could argue that the enforcement that does actually take place may be inadequate and thus ineffective based on the number of violations that continue to occur.  It appears that the consequences of violating the law may be viewed by these facilities as no more than a cost of doing business.  I think that Mr. Sole needs to quit wasting his taxpayer-time trying to refute or explain away the findings in the Riverkeeper report and get serious about enforcing the law and protecting our St. Johns River. 

[spidey]

As Director, Mr. Sole was responsible for implementing state and federal laws relating to solid and hazardous waste management, storage tank regulation and the cleanup of contaminated sites.

http://www.dep.state.fl.us/mainpage/about/secretary.htm

It looks like he doesn't have any experience running a water quality program.

[JUSTDAVE]

This is kinda like a policeman showing up at a murder scene, examing the body, determining that the dead man only sold beer for a living, walking off and saying no one will miss another beer vender. My point is, the  only thing the dep does that we all care about is check to see if our water is polluted, (the only thing a homicide detective does is investagates murders) if they just brush over violations then we need someone to do what we intended their job to be. 

reviewing my analogy it doesn't go far enough, someone better at this think of one where the detective says the dead guy isn't dead after all. (or something like that)

[riverkeepered]

FOR IMMEDIATE RELEASE: July 18, 2007

CONTACT: Sarah Williams, Press Secretary,  (850) 245-2112 â€" office

                                                                                  (850) 519-2897 â€" cell

DEP SECRETARY ANNOUNCES STRENGTHENED PENALTY GUIDELINES AT KEYNOTE SPEECH TO MAJOR ENVIRONMENTAL GATHERING
--Updates to guidelines will provide additional deterrent for egregious environmental law violators--

TALLAHASSEE â€" During his keynote address at the Florida Chamber's 21st Annual Environmental Permitting Summer School, before more than 800 attendees, Florida Department of Environmental Protection (DEP) Secretary Michael W. Sole today announced significant changes to the agency's penalty guidelines. The new guidelines will result in stiffer penalties by taking a tougher stance on the most serious environmental violations statewide. In 2006, DEP enforcement cases with monetary penalties assessed numbered more than 1,300.

"The changes to DEP's guidelines provide a stronger deterrent for the most egregious violations, ultimately reducing the number of significant infractions that occur," said DEP Secretary Sole. "I want to change the idea that 'penalties are a cost of doing business' by emphasizing the agency's tough stance against violators."

DEP has maintained penalty guidelines since the mid-1980s that provide direction to staff on how to calculate penalties for enforcement cases. In 2001, the Florida Legislature passed the Environmental Litigation Reform Act (ELRA) to provide a clear, efficient process to address less significant violations, which amount to approximately 90 percent of DEP's enforcement cases annually. ELRA has been successful by decreasing the average time it takes DEP to resolve litigation in the less significant cases â€" reducing the average length of time from two years to four months â€" and providing a more efficient basis for negotiating settlements in cases involving penalties of $10,000 or less. 

"With this major step forward, DEP is emphasizing that compliance with environmental regulations is, bottom line, better for business. It's not only better for the state, but for private industry as well," said DEP Secretary Sole.

The deterrent value of penalties for significant violations has not kept pace with Florida's economy and has therefore diminished over time. Updates to the penalty guidelines also address violations not covered under ELRA. The stiffer penalties would apply to approximately 10 percent of enforcement actions taken by the agency, affecting 50 to 75 percent of the total penalty amounts assessed by DEP for major violations. DEP will take a tougher stance by increasing penalties and providing clearer guidance on pursuing enforcement for significant infractions that:

Involve hazardous waste and/or hazardous substance violations;
Result in economic benefit to a company or individual;
Are intentional and/or habitual;
Cause significant harm to the environment; or
Continue over an extended period of time.

DEP's penalty guidelines are easily accessible to the public through the internet. To view the guidelines, visit http://www.dep.state.fl.us/legal/penalty/default.htm. To learn more about our innovative pollution prevention programs, please see http://www.dep.state.fl.us/waste/categories/p2/.

It looks like the compliance report may have gotten somebody's attention. 

Enforcement of existing environmental laws is one of the most cost-effective ways to protect our natural resources.  I am glad to see that DEP is starting to recognize the importance and benefit of effective enforcement programs and activities.

I wish Mayor Peyton would have addressed the compliance/eforcement issue in the River Accord.  It would certainly make economic sense to do so and could help bring us closer to actually restoring the river's health.  It's not too late.       

[decider]

Not good. Hopefully it will adressed asap now that the word is out.

[riverkeepered]

Today, St. Johns Riverkeeper announced that it had filed suit against the Jacksonville Electric Authority (JEA) in United States District Court.  The suit was filed under the Clean Water Act for JEA’s continuing water quality violations at the Buckman and Arlington East Wastewater Treatment Facilities (WWTF).

The sewage collection systems for Buckman WWTF and Arlington East WWTF have repeatedly failed over the last several years, illegally discharging over 8.3 million gallons of raw sewage and poorly treated wastewater into Duval County waterways.  The Arlington East WWTF experienced 96 illegal discharges of raw sewage, or Sanitary Overflows (SSOs), between September 2001 and July 2007. The Buckman WWTF experienced 111 illegal SSO discharges.  The lawsuit is a natural progression of Riverkeeper’s campaign to step up compliance and enforcement of environmental regulations related to wastewater discharge permits in the lower St. Johns River.   

This is just a continuation of the Compliance Report Project that confirmed that there is a serious problem with permit compliance and the enforcement of the laws that are supposed to protect our waterways.  We found that ongoing violations continue to occur at these and other wastewater treatment plants and are not being adequately addressed by JEA or the DEP.  The ongoing situation left us no choice but to file suit,and let the courts resolve the matter.

If JEA is truly committed to protecting our waterways, then fixing failing wastewater treatment facilities and sewage collection systems should be one of its top priorities.  Based on the ongoing violations at the Arlington East and Buckman facilities, JEA does not appear to be adequately living up to that commitment.  Our goal is to make sure that they are fulfilling their legal responsibility and obligation to operate facilities that are fully and consistently in compliance with the law and don’t cause harm to the public or our river.

JEA will claim that they have spent millions of dollars on making improvements and upgrading plants, but this suit goes to the heart of the problem - the failing sewage collection system that includes the miles of old pipes and unreliable infrastructure that JEA has failed to address in a timely manner. 

We notified JEA in December of 2005 that we intended to sue if the problems at Arlington East WWTF were not adequately addressed.  We notified JEA in December of 2006 that we intended to sue if the Buckman problems weren't resolved. They have had more than enough time to fix the problems, but unfortunately, little action has been taken by JEA or the DEP. Thus, we are asking the courts to remedy these ongoing problems and ensure that JEA is in full compliance with the laws that are designed to protect our waterways. 

[thelakelander]

Hopefully, this will force JEA to stop being one of the biggest polluters in town.

[riverkeepered]

This week's Folio sheds more light on this problem of compliance and enforcement.  When are we going to realize that enforcement of environmental laws is one of the most cost effective and prudent approaches to protecting our river and environment?