Category Archives: Law

Central Florida Water Initiative Rulemaking Workshop 2020-07-09

Whatever happens in this workshop will no doubt be used as a precedent later for rules affecting the Suwannee River Water Management District (SRWMD).

CFWI Workshop scheduled for July 9, 2020
PDF

The three water management districts not named in that announcement are Southwest Florida Water Management District (SWFWMD), St. Johns River Water Management District (SJRWMD), and South Florida Water Management District (SFWMD).

SRWMD is not among the three. But remember, SJRWMD and SRWMD in 2017 jointly approved a North Florida Regional Water Supply Plan back in 2017.

Text of the Notice

Continue reading →

Columbia County, FL, Parks Ordinance, No. 2020-08, 2020-06-18

Columbia County Attorney Joel Foreman sent a copy of this ordinance (see PDF) within minutes of being asked, along with this explanation:

Attached is the version of the Ordinance that was signed. The amendment was made at adoption to 78-3(B), adding that the Board would approve any supplemental rules by resolution.

Merrillee Malwitz-Jipson posted the below explanation on facebook (reposted here with permission): Continue reading →

Clean Waterways Act won’t fix water quality –Waterkeepers Florida 2020-07-01

Plus FL SB 712 still doesn’t fund or implement regular, frequent, water quality monitoring from the state line to the Gulf, like Valdosta, GA, is doing three times weekly on 40 miles of the Withlacoochee River to the state line.

Jen Lomberk, Orlando Sentinel, 1 July 2020, Clean Waterways Act won’t fix water quality,

Orlando Sentinel screenshot

Gov. Ron DeSantis just signed into law SB 712 — the self-proclaimed “Clean Waterways Act” — an ambitious misnomer for a bill that claims to be the solution to our mounting water quality issues, but falls far short of that mark.

This bill has been praised by its supporters (”Sen. Mayfield: Clean Waterways Act would be major step forward,” June 30 online) as one of the most environmentally progressive pieces of legislation in over a decade. But looking back at the cuts and rollbacks that our environmental regulations were subjected to under the last state administration, that really isn’t saying much. Jen Lomberk Jen Lomberk (Courtesy photo)

At 111 pages, the bill largely pays lip service to most of Florida’s major sources of pollution, but lacks the specificity and enforceability to actually solve any of the problems.

Proponents of the bill claim that it implements recommendations of the Blue Green Algae Task Force, but even those common sense, albeit vague recommendations will not be nearly achieved through the implementation of SB 712. For example, the Task Force recommended that projected changes in demographics, land use, and hydrology should be incorporated into the BMAP process.

Think about it. We have 1,000 people moving to our state every day. That means that over the 20-year life of a BMAP, millions of people will have Continue reading →

Sewer line repair between manholes, Bevel Creek Lift Station @ LCC 2020-06-22

Update 2020-12-23: Pictures of the repair in progress.

Lowndes County is fixing the June 8, 2020, sinkhole at the Bevel Creek Lift Station in a Floridan Aquifer recharge zone, with $82,000.00 to replace two manholes, to discuss at its Work Session 8:30 AM Monday morning, with voting at its 5:30 PM Regular Session Tuesday, June 23, 2020.

The county’s agenda sheet says:

Due to extensive flooding and undermining, the manhole before Bevel Creek lift station collapsed on June 8, 2020 creating an emergency situation. After accessing the problem it was determined the most feasible and economical method of repair was to replace two manholes and redirect the flow. RPI Underground submitted a quote not to exceed $82,000 to make the repairs. Staff recommends approval of the Bevel Creek manhole emergency repair by RPI Underground not to exceed $82,000.00.

Photo: Terry Richards, The Valdosta Daily Times, Heavy rains cause problems in Lowndes 2020-06-08.

Continue reading →

Rum Island absorbed within Columbia County Park Ordinance: BOCC vote 2020-06-18

Update 2020-07-03: As amended and passed, Columbia County, FL, Parks Ordinance, No. 2020-08, 2020-06-18.

Tomorrow, Thursday, June 18, new rules for Rum Island Park will be voted on by the Columbia County BOCC. This park with its public boat ramp is a popular access to the Santa Fe River and its springs.

Cover Sheet

At the previous meeting in which they scheduled this meeting, Columbia County Commissioners were heard complaining about kayak and canoe outfitters being some sort of problem.

The greatly expanded definitions in the ordinance add permits, with a limit of a total of four permits for “regular commercial uses of parks or recreational facilities”. It’s not clear what “uses” means. Does that include dropping off customers at a public boat ramp? Parking outfitter vehicles? Other?

Presumably issuing permits for fees will affect later budgets. Note that the agenda sheet only says “This item has no effect on the current budget.”

You can comment if you attend, or you can send email beforehand; see below.

WWALS has no official position, although we will send a letter asking the BOCC to be sure such permits don’t interfere with Sec. 78-6(C):

“(C) Boats, including human-powered craft and boats of common horsepower motors, shall be allowed.”

So far as I know, Our Santa Fe River (OSFR) also has no official position.

When: 5:30 PM, Thursday, June 18, 2020

Where: Columbia County School Board Administrative Complex Auditorium, 372 West Duval Street, Lake City, Florida 32055

What: Special called meeting of the Columbia County Board of County Commissioners

Purpose: To adopt a Rum Island Park Ordinance within a broad Columbia County Park Ordinance that includes all of the recreational holdings of the county.

To comment: Attend in person. Or send email to:
To: Board Secretary Penny Stanley <penny_stanley@columbiacountyfla.com>
Cc: County Attorney Joel Foreman <jforeman@columbiacountyfla.com>
Subject: Columbia County BOCC Park Ordinance

Thanks to Continue reading →

Deadline today: tell FERC hands off solar net metering

A New England group has asked FERC to revoke solar reimbursement plans (“net metering”). This affects all the U.S. If the Federal Energy Regulatory Commission (FERC) agrees, what would affect every rooftop and community solar installation, treating them all like large-scale industrial solar plants. FERC would be in charge of what, if anything, solar panel owners get reimbursed for electricity beyond what they use locally.

You can comment through this convenient web form.

Or use FERC’s efiling system, for FERC Docket No. EL20-42.

Photo: John S. Quarterman, 2012-01-29.

More information:

Thanks to WWALS member Maxine Connor for the heads-up.

-jsq, John S. Quarterman, Suwannee RIVERKEEPER®

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

Online MFL meeting, Santa Fe, Ichetucknee, and Springs 2020-06-16

Online, so you don’t have to travel, you can ask why SRWMD is proposing reductions in the minimum flows of the Santa Fe and Ichetucknee Rivers:

Entry

In Lower Santa Fe and Ichetucknee Minimum Flow and Minimum Water Level (MFL) Frequently Asked Questions (FAQs),

What is the new, proposed MFL?
A minimum flow and minimum water level (MFL) evaluation was used to determine the quantity of water needed to ensure the safety and health of the Lower Santa Fe and Ichetucknee (LSFI) Rivers and associated springs. The new LSFI MFL evaluation has determined that median Santa Fe River flows should be 91.9%near Ft. White and 91% near US Hwy 441 gaging stations, and that median Ichetucknee River flows should be 97.2% at the US Hwy 27 gaging station.To review the 2019 LSFI Technical Document, visit the LSFI webpage.

How does the new, proposed MFL differ from the 2015 LSFI MFL evaluation? Continue reading →

Statement on Environmental Justice –Suwannee Riverkeeper for WWALS 2020-06-08

“Injustice anywhere is a threat to justice everywhere.”

Statement on Environmental Justice
PDF

June 8, 2020
Statement on Environmental Justice
Suwannee Riverkeeper and WWALS Watershed Coalition, Inc. protect the Suwannee River Basin for the sake of every person who visits or lives here. Clean water is essential to everyone, regardless of their ethnicity, beliefs, politics, or anything else. However, during the course of our work opposing the Sabal Trail methane pipeline and other advocacy, it became clear that minorities and economically disadvantaged people will disproportionately experience negative effects. We continue to work against such environmental injustice across the entire Suwannee River Basin in dozens of counties in Georgia and Florida. Valuing all the watershed’s inhabitants is entirely compatible with having added concern for those facing added danger.

The killing of George Floyd and many other recent tragedies suffered by people of color show that even if we strive to love our neighbors equally, the threats and injustices they face are not equal. As professionals and volunteers we fight for the human right of clean water. As Dr. Martin Luther King Jr. wrote from a Birmingham jail, “Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.” It appears to us that the economic forces that drive unnecessary pipelines under rivers and through disadvantaged neighborhoods and that have made it so difficult to oppose pipelines and mines are the same forces that have resulted in so many recent tragedies with little justice. We have always stood for nonviolent advocacy, but we cannot condemn the few who have used other means without also pointing to the large corporations that benefit from subsidies, tax breaks, and legal advantages while so many get nothing.

We seek to listen and learn from our colleagues and neighbors. We do not pretend to be experts on racial issues. Nevertheless, we promote clean water to ensure healthy communities, and we are concerned about all members of those communities: especially the most vulnerable. We stand against racism and injustice in any form.

As one small step, we plan to offer swimming and boating lessons especially to minorities and economically disadvantaged people; please contact us about that.

Meanwhile, an election is in progress. Please look at what each candidate says about environmental issues. If a candidate will not stand up to protect rivers and swamps, you may want to look more closely at their promises about people.

Link to this statement: https://wwals.net/2020/06/08/statement-on-environmental-justice-suwannee-riverkeeper-for-wwals-2020-06-08
For the rivers and the aquifer,
John S. Quarterman
Suwannee RIVERKEEPER®
229-242-0102
contact@suwanneeriverkeeper.org

Open manhole lawsuits

The City of Valdosta is lucky nobody fell into that open manhole it says is part of manhole rehabilitation. That manhole is next to the Azalea Trail where whole families with small children walk, and on Valdosta State University property next to the VSU Recreation Center.

Manhole dug down

Mario Cattabiani, RossFellerCasey, 20 March 2014, $85 Million Verdict For Student Who Fell Into Open Manhole,

Founding partner Matt Casey argued in court that defendant Trigen-Philadelphia Energy Corp. failed to properly secure the manhole, which had been removed by a homeless man shortly before Gustafsson happened by that fateful day. The trial lasted three weeks, featured thousands of documents and a closing scene that played out as if written in a Hollywood script. As the jury was set to return a verdict, at literally the last minute, the insurer offered to settle the case for $10 million—a sum Casey, in consultation with his client, rejected. Just moments later, the jury awarded the former promising medical student $85 million.

McAleer Law Firm, 21 April 2020, A Plaintiff’s Evidentiary Burden in Georgia Personal Injury Lawsuits against the Government

Recently, a state appellate court issued an opinion in an appeal from a judgment in favor of a plaintiff in her lawsuit against the City of Atlanta. The woman filed a lawsuit to recover for damages she incurred after driving into an open manhole. The woman contended that the government should be liable for her injuries because the manhole was a public nuisance. The city appealed a jury finding in favor of the woman, arguing that the woman did not meet her evidentiary burden.

Under Georgia law, a municipality “may be held liable for damages it causes to a third party from the operation or maintenance of a nuisance, irrespective of whether it is exercising a governmental or municipal function.” To recover for damages plaintiffs must present evidence that: Continue reading →

Okefenokee Swamp more important than a titanium mine –Suwannee Riverkeeper on WKUB 105.1 FM

Update 2020-06-08: Part 2, Please ask your elected officials to stop strip mine near Okefenokee Swamp –Suwannee Riverkeeper on WKUB 105.1 FM.

The Okefenokee Swamp is a gem, locally, nationally, and internationally, too important to risk for profit by a few miners for paint. This is in a radio interview of Suwannee Riverkeeper John S. Quarterman by Brian Blount of WKUB 105.1 out of Blackshear, Pierce County, Georgia, north of Waycross and the Swamp.

WKUB 105.1 FM

Here is an introduction by Wade Scott, and my request for people to ask the Army Corps to deny the permit application by Twin Pines Minerals, LLC, or at least to require an Environmental Impact Statement broad enough to cover the whole Swamp and the Suwannee and St. Marys Rivers, as well as the existing titanium mines in north Florida and south Georgia, plus the phosphate mines current and proposed in north Florida. Continue reading →

WWALS Watershed Coalition (WWALS) is Suwannee RIVERKEEPER®

A healthy watershed with clean, swimmable, fishable, drinkable water.