Category Archives: Law

Ray City sewage spill in Berrien Press 2021-03-24

Update 2021-04-07: GA-EPD GORA response about Ray City wastewater permit violations 2021-04-05.

The bad news: Ray City, Georgia, had not one, but two wastewater spills this year. The good news: they were both mostly treated effluent, and Fecal coliform levels were well within limits.

[Process Flow, Spill Report, Map: Ray City, Cat Creek, Withlacoochee River]
Process Flow, Spill Report, Map: Ray City, Cat Creek, Withlacoochee River

Why was it a spill, then? It exceeded limits of total suspended solids (TSS).

How did we find out about this? Informants (who shall remain nameless unless I confirm they want to be named) told us that Ray City Council minutes for January and February mentioned water quality tests being within GA-EPD limits, but did not say why this was relevant. But this appeared in the Berrien Press on March 24, 2021: Continue reading

FERC listening sessions, Office of Public Participation 2021-03-17

The first of these is today at 1PM: “listening sessions” about the formation of FERC’s new Office of Public Participation (OPP). They are voice dial-in only.

[Sabal Trail pipeline gouging, FERC Office of Public Participation]
Sabal Trail pipeline gouging, FERC Office of Public Participation

Here is the invitation the Federal Energy Regulatory Commission sent on March 9, 2021: Continue reading

GA-EPD permit process for Twin Pines strip mine too near Okefenokee Swamp 2021-02-08

This fact sheet from a month ago says the Georgia Environmental Protection Division (GA-EPD) will hold “a public meeting” and “Comments will also be accepted at TwinPines.Comment@dnr.ga.gov. It’s not clear what they will do with comments if you go ahead and send them to that address. Since any such correspondence would be public record, retrievable via open records request, it would be odd if GA-EPD did not consider those comments in their permit review process.

[GA-EPD Fact Sheet, TPM Mine, and Okefenokee NWR]
GA-EPD Fact Sheet, TPM Mine, and Okefenokee NWR

Checking with GA-EPD this morning, the public hearing is not expected to be scheduled for several months yet, because they’re still waiting for documents that the miners did not previously supply. Plus they are communicating with the Army Corps about documents the Corps received before abdicating responsibility. Apparently the GA-EPD Land Division is taking the lead, perhaps because this is a mining project, near the Okefenokee Swamp, which is the headwaters of the Suwannee River.

It’s good GA-EPD is being thorough, although this last paragraph casts some doubt on that: “ Any additional mining operations not included in the demonstration area will be considered new and unique and will require a new set of permits and a full permitting process.”

[Map: Twin Pines Minerals land and Okefenokee NWR]
Map: Twin Pines Minerals land and Okefenokee NWR
in the WWALS map of the Suwannee River Wilderness Trail and the Okefenokee NWR Canoe Trails.

Sure and if that happens the miners will claim they have sunk costs and they’ll sue if they don’t get further permits. So expansion should be considered along with the original permit applications. And it’s much better to nip this whole thing in the bud.

Here are four of the five permit applications to GA-EPD from Twin Pines Minerals, LLC:
https://wwals.net/2020/11/05/twin-pines-minerals-permit-applications-to-ga-epd/

Since GA-EPD has confirmed they did actually receive an Air Quality permit application, I guess it’s time for me to request that one again.

GA-EPD has a Twin Pines Minerals, LLC web page, whic currently has a link to this one one-page PDF fact sheet.

[Twin Pines Minerals LLC Permitting Fact Sheet]
Twin Pines Minerals LLC Permitting Fact Sheet
PDF


GEORGIA
DEPARTMENT OF NATURAL RESOURCES   
Environmental Protection Division

Twin Pines Minerals, LLC
Permitting Fact Sheet
 

Twin Pines Minerals, LLC has submitted environmental permit applications to the Environmental Protection Division (Division) proposing a demonstration project for mining heavy minerals sands near St. George, Charlton County, Georgia. The northern boundary of the site is located approximately 2.9 miles southeast from the nearest boundary of the Okefenokee National Wildlife Refuge.

How many permit applications have been submitted?

Twin Pines Minerals, LLC has applied for environmental permits from all branches of the Environmental Protection Division (Division). These permits are the same as those that may be required for any surface mine: NPDES Industrial Stormwater, NPDES Industrial Wastewater, Groundwater Withdrawal, Air Quality, and Surface Mining Permit. The Division is early in the process of conducting a thorough review of each of the applications received.

How will the Division ensure the Okefenokee is being protected?

The Surface Mining Land Use Plan (MLUP) will require an addendum detailing the environmental provisions for protection of the environment and resources of the State. Once this environmental provision addendum is received, the Division will conduct an initial review and ensure it is complete and adequate, with a focus on how the project’s proximity to the National Wildlife Refuge may impact the area’s groundwater hydrology.

Will public be able to provide comments?

Yes. After the Division has reviewed the MLUP and the environmental provisions addendum, a public meeting will be held to receive comments on these documents and to provide an update on the permitting process. Comments will also be accepted at TwinPines.Comment@dnr.ga.gov. We will then consider all public comments and request the applicant make any necessary changes to address those comments. Please note, the Division may be unable to respond individually to each comment received. However, we will post a collective response to comments on our website after the official comment period closes.

Once the MLUP and the environmental provisions addendum are finalized, the Division will proceed with the draft permit process, including a public notice and comment period on the Surface Mining permit as well as any additional public comment periods required for the other permits. These permits are for the proposed 740-acre demonstration mining area.

Will the mine be able to expand after it is permitted?

Any additional mining operations not included in the demonstration area will be considered new and unique and will require a new set of permits and a full permitting process.

February 8, 2021


 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

You can join this fun and work by becoming a WWALS member today!

Fossil fuel forever bills in Georgia and Florida legislatures

Do these bills sound just as bad? You can help stop them, including in a committee meeting this morning.

A BILL to be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to prohibit governmental entities from adopting any policy that prohibits the connection or reconnection of any utility service based upon the type or source of energy or fuel; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. —GA SB 102

Mirrored across the GA-FL line:

Preemption on Restriction of Utility Services; Prohibiting municipalities, counties, special districts, or other political subdivisions from enacting or enforcing provisions or taking actions that restrict or prohibit the types or fuel sources of energy production which may be used, delivered, converted, or supplied to customers by specified entities; providing for preemption; providing for retroactive application, etc. —FL SB 1128

The words have been stirred, but the bills are essentially the same. Except the Florida bill goes for full unconstitutional ex post facto law with “providing for retroactive application”.

This stuff stinks of ALEC, the American Legislative Exchange, the private shadow government in which industry representatives and state legislators vote together on model bills that the state reps take back and try to pass. If they succeed, they become ALEC alumnae. ALEC or not, they’re bad bills that should not pass.

GA SB 102 has already been voted out of committee in the Georgia Senate, and its equivalent already passed the Georgia House.

FL SB 1128 is scheduled this morning at 9AM, March 16, 2021, for its second committee, Community Affairs, 03/16/21, 9:00 am, 37 Senate Building.

In the same committee meeting this morning is another of these:

State Preemption of Transportation Energy Infrastructure Regulations; Preempting the regulation of transportation energy infrastructure to the state; prohibiting a local government from taking specified actions relating to the regulation of transportation energy infrastructure, etc. —SB 856: State Preemption of Transportation Energy Infrastructure Regulations

Photo: Gretchen Quarterman, Sabal Trail pipeline drilling at night 2016-12-02
Photo: Gretchen Quarterman, Sabal Trail pipeline drill site near Withlacoochee River in Georgia 2016-12-02.

The Florida bills seems to have inadvertently missed listing Liquified Natural Gas (LNG), possibly because their authors thought “petroleum products” covered that (it doesn’t). Not to worry: “but is not limited to.”

Also, this is not just about directly passing an ordinance against fossil fuels, which most local governments already knew wouldn’t work. SB 856 would create Florida Statutes Section 377.707, with (1)(b):

Amending its comprehensive plan, Continue reading

A fifty-river-mile national park and preserve on the Ocmulgee River?

The National Park Service is studying expanding Ocmulgee Mounds National Park down the Ocmulgee River from Macon to Hawkinsville, Georgia. This could set an interesting precedent for other potential park or other initiatives in south Georgia or north Florida.

ONPPI

By March 26, 2021, you can fill in the NPS Survey online. Or send them a paper letter to:

National Park Service
Denver Service Center
Attn: Ocmulgee River Corridor SRS / Charles Lawson
12795 West Alameda Parkway, Lakewood CO 80228

To learn more before you comment, the citizen group ONPPI (Ocmulgee National Park and Preserve Initiative) has a website and a facebook page.

For details, NPS has a 24-page Environmental Context Report and a 64-page Historical and Cultural Context Report. Or you can peruse the 269 pages of the JOHN D. DINGELL, JR. CONSERVATION, MANAGEMENT, AND RECREATION ACT, PUBLIC LAW 116–9—MAR. 12, 2019

If your eyes are extremely tough, you can try the NPS grey-on-black story map.

Protecting bears, birds, reptiles, forests, swamps, river, historical sites, and a sizeable section of the homeland of the Muscogee Creek Nation seems worthwhile to me, and beneficial far beyond the prospective park area.

I am aware that there is some opposition based on potential restriction of hunting in such a new park. If that’s your concern, you can send it in. But please consider the upside: conserving enough river and woods for wildlife to survive, without which there won’t be anything to hunt.

Here is the press release, by Ben West and Charles Lawson, National Park Service, 26 January 2021, National Park Service Invites Public Input into the Ocmulgee River Corridor Special Resource Study, Continue reading

Capitol Conservation Day 2021-03-03

No need to trek to Atlanta this year to show Georgia state legislators that many people and organizations throughout the state care about water. Capitol Conservation Day is online, this Wednesday, March 3, 2021.

When: 12-1:30 PM, Wednesday, March 3, 2021

Where: Online: register here
https://nwf-org.zoom.us/meeting/register/tJAodumqpzgsHtNgHr3nLG6rX7m4gw_7fY_f

Event: facebook
Don’t forget to register, then you can click Going on the facebook event to encourage others.

What: Experts from the Georgia Water Coalition will brief you on important legislative issues. Then you will put your new skills and information to work! Following the event, meet with your local legislators virtually to advocate in support of important legislation.

[2019 and 2020]
2019 and 2020

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

You can join this fun and work by becoming a WWALS member today!

The regulatory trap at SRWMD: 30 speakers, yet unanimous Nestle permit 2021-02-23

A textbook case: “We present our three-minute, passionate oration about the risk to community health, but in the end, nothing we say must be taken into account by the state in issuing the permit.” Common Sense: Community Rights Organizing, by CELDF; thanks to Karma Norjin Lhamo for the reminder.

[Mermaid, Suwannee Riverkeeper, OSFR, Regulatory Fallacy, Charles Keith, Attorneys, Motion to Permit, unanimous SRWMD Board]
Mermaid, Suwannee Riverkeeper, OSFR, Regulatory Fallacy, Charles Keith, Attorneys, Motion to Permit, unanimous SRWMD Board

About 30 speakers gave impassioned orations for denial, after which the Suwannee River Water Management District Board unanimously approved the Nestlé permit as fast as the roll could be called.

[SRWMD Board: Larry Thompson, Lower Suwannee Basin; Charles Keith, At Large; Virginia H. Johns, Chair, At Large; Virginia Sanchez, At Large; Charles Schwab, Coastal Rivers Basin; Harry Smith, At Large; Larry Sessions, Upper Suwannee Basin]
SRWMD Board: Larry Thompson, Lower Suwannee Basin; Charles Keith, At Large; Virginia H. Johns, Chair, At Large; Virginia Sanchez, At Large; Charles Schwab, Coastal Rivers Basin; Harry Smith, At Large; Larry Sessions, Upper Suwannee Basin. Notice nobody on the SRWMD Board representing the Santa Fe River Basin. Water taxation without representation.

As one prominent local activist said afterwards, “Two years out of my life I’ll never get back! I don’t know if I’ll ever come back here.”

Sure, voting in a governor who would appoint better WMD board members would help, and into the legislature, too. New legislators would help pass what is really needed: a Bill of Rights for Nature.

That is a way out of the Regulatory Fallacy Box. Continue reading

Help SRWMD reject Nestle permit 2021-02-23

You can help the Suwannee River Water Management District Board uphold the public interest and reject Nestlé’s water withdrawal permit application.

[Agenda, Board, No Permit]
Agenda, Board, No Permit

Even SRWMD’s legal counsel only recommends approving the Seven Springs permit “under protest.” The DOAH judge’s Order is actually only a RECOMMENDATION, and the District filed eighteen pages of exceptions to that Order. The judge disallowed most of those exceptions, but SRWMD is still holding open the possibility of appeal with that “under protest”.

The Judge’s Order dances around the basic question: is putting water in plastic bottles after taking it from the Floridan Aquifer next to a depleted river and springs, all for profit of a Swiss company, in the public interest? Florida law and the judge attempt to narrow what can be considered down what can be considered for the public interest to what is in Florida rules or a handbook, even though none of those adequately address the real issues. The plain fact is that a contract to sell water does not determine any public interst in cleaning up plastic bottles from our springs and rivers, nor does it determine any public interest in lower springs and rivers, with bad effects on wildlife, public use of those waters, and eventually on drinking water.

The SRWMD board can deny this permit because it is not in the public interest. You can help them do so.

It almost looks like the SRWMD counsel is asking people to come protest, since he repeatedly mentions that Our Santa Fe River (OSFR) filed legal motions and both Merrillee Malwitz-Jipson and Michael Roth spoke in the legal hearing. Disclosure: WWALS has provided some financial support for OSFR’s legal actions in this matter.

If you’re going to attend this Special Meeting in person, get there early to get a spot. To attend online, be sure to sign up for both the webinar and cal in for audio. If you want to comment, you must also sign up for that separately. Don’t wait for the second day: if that happens at all, there will be no public comment.

So come early on the first day, in person or online, Tuesday, February 23, 2021.

The entire SRWMD Special Meeting Board packet is on the WWALS website: https://www.wwals.net/pictures/2021-02-23–srwmd-nestle-special-meeting-packet/

Here is the agenda, with how to attend online: Continue reading

Nominating Okefenokee NWR for UNESCO World Heritage List 2021-01-26

Update 2023-06-30: Nominating Okefenokee NWR for UNESCO World Heritage List –WWALS 2023-06-28.

The U.S. National Park Service in January announced a 15-day comment period for nominating sites to the UNESCO World Heritage List. We nominated the Okefenokee National Wildlife Refuge, using testimony from some of WWALS members. I added the illustrations to this post of the WWALS nomination letter. And you can still help stop the titanium strip mine from locating too near the Swamp.

[Okefenokee Swamp, Suwannee River, birds, mine, paddlers]
Okefenokee Swamp, Suwannee River, birds, mine, paddlers


January 26, 2021

To: Jonathan Putnam
Office of International Affairs
National Park Service
1849 C Street NW
Washington, DC 20240
jonathan_putnam@nps.gov
(202) 354-1809

Re: Nominating Okefenokee NWR for UNESCO World Heritage List, Docket Number NPS-WASO-OIA-31249 PIN00IO14.XI0000

Dear Mr. Putnam,

As you know, the Okefenokee National Wildlife Refuge (ONWR) is on the UNESCO Tentative List for the United States, and thus is eligible for the U.S. to submit an ONWR nomination file.
https://whc.unesco.org/en/tentativelists/5252/

[Suwannee River in Okefenokee Swamp]
Suwannee River in Okefenokee Swamp
in WWALS map of all public landings in the Suwannee River Basin.
The purple line is the approximate actual divide between the Suwannee and St. Marys River watersheds in the Swamp, still being worked out with St. Marys Riverkeeper.

As Suwannee Riverkeeper and for our umbrella organization WWALS Watershed Coalition, Inc., I would like to encourage you to nominate ONWR this year. The vast majority of the Okefenokee Swamp is in the Suwannee River Basin, and some 85% of the outflow of the Swamp goes down the Suwannee River, which continues through Georgia and across Florida, where it is the subject of the state song, to the Gulf of Mexico.

[Okefenokee, Suwannee River, Gulf of Mexico]
Okefenokee, Suwannee River, Gulf of Mexico

WWALS member Bobby McKenzie sums it up from his perspective:

“As a world traveler for the past 20 plus years I must say that the Okefenokee Swamp holds its own when it comes to enchantment. I never would have thought I would have used the term enchantment to describe a swamp, but it happens to be the best one. My adventures have taken me to many places, each with their own charm and enchantment and history. I recall my first experience outside the United States, it was to the Chagos Archipelago part of the British Indian Ocean Territory. The crystal-clear waters of the islands and the sanctity of the massive coconut crabs and the hawksbill sea turtles. Soon I found myself living in South Korea and experiencing the Buddhist temples embedded in the cliffs of the East Sea (more well known as the Sea of Japan) and the fishing islands of Sunyu-do in the yellow sea. At Jeju Island with its botanical gardens, lava tubes, and extinct volcano, I ascended the stairs of Mt Sanbanggulsa Temple where a spring drips from the ceiling pools into the temple cave and had a ceremonial sip. Years living in Europe showed me the awe of the Dolomites, the Carpathian Mountains, the Iron Gates, the Danube Delta and the switchback road of Transfagarasan. I have met the wonders of the Black Forest, I’ve skied Mount Blanc, Matterhorn, and the Zugspitze and swam in the ocean at Vilamoura in Algarve with its ocean caves. I dove the cliffs of Ischia and enjoyed the hot thermal springs of the Mediterranean. I’ve hiked miles through the Ardennes Forests and the ancient vineyards along the Mosel River. I have witnessed the famed White Cliffs of Dover, the puzzling Stonehenge, the North Sea, English Channel, and the beaches of Normandy. My time in Hawaii introduced me to the many natural phenomena such as the Makapu Tide Pools, the Queen’s Bath at Moku Nui, and the Mermaid Caves in Nanakuli. The pill boxes at Lanikai, Coco Head along with the Hidden Lagoon offered breath-taking views of the island of Oahu.

[Bobby McKenzie in canopy towards Floyd's Island]
Photo: Gretchen Quarterman, of Bobby McKenzie in canopy towards Floyd’s Island 2020-11-07

“There are many places I that I can recall that I have not mentioned. But all these places share one thing in common, they are amazing places that most people have never heard of or will see in their lifetime. They are all wonderous and inspiring places in their own right. This is true with the Okefenokee Swamp. I first learned of the Okefenokee as I was planning my move to South Georgia from Hawaii. I was searching for outdoor activities and the first thing I came across was a website talking about 120 miles of water trail and multiple camping options in the swamp. I immediately wanted to do this trip or at least a portion of it. I have since made a handful of trips into the swamp and learned about the history of Billy’s Island, the Sill, the timber operation and among other stories. My most recent trip into the swamp was with the WWALS Watershed Coalition. We paddled 8 miles out to camp at Floyds Island. The entire journey was just so peaceful. However, when we made the turn onto the green trail from Stephen C. Foster State Park, the swamp became extraordinarily enchanting. The cathedral-like tunnel that we paddled through for miles until we reached Floyd’s Island was like a portal to a fairytale dimension. In many instances, the colors of the fall, the canopy formation of the trees and the mirrored reflections were hypnotizing, we could have paddled this natural tunnel for hours and still want more. Upon reaching the camp site, everyone in our party was just magically delighted about the spiritual connection that the swamp bestowed upon us. The return trip the next day was even more mesmerizing. I never would have thought that I would have used the word enchanting to describe a swamp, but it was just that. I am glad to add the Okefenokee Swamp to my long list of must-see places. As with all of the places listed above, I never knew that I needed to experience them until I did. The Okefenokee is no different, it’s an enchanting place that you never knew you needed to experience.” Continue reading

Redesignating waterways as Recreational –GA-EPD Triennial Review Meeting 2021-02-02

Update 2021-08-24: Parts of Alapaha, Withlacoochee Rivers to be Recreational –GA-EPD 2021-08-11.

The Georgia Environmental Protection Division (GA-EPD) is being quite thorough about the Triennial Review of Water Quality Standards that is required by federal law. However, several problems were revealed at their online meeting on February 2, 2021. Some of the GA-EPD slides are inline below, and the rest are on the WWALS website:
https://wwals.net/pictures/2021-02-02–ga-epd-triennial-review

You can help:
https://wwals.net/?p=50127#help

[Second-class Recreational, maps, wastewater]
Second-class Recreational, maps, wastewater

They want to create a second class of Recreational designation for boating, with more lax restrictions on contamination and only seasonal application; several waterbodies we requested are missing; and they want to declare that 20 river miles downstream from a wastewater permit cannot be Recreational.

Second-class Recreational designation

Here is the slide defining second-class Recreational for boating: Continue reading