Category Archives: Law

Florida Water Conservation Month and Waterkeepers Florida 2019-04-02

Yesterday, the Chair of Waterkeepers Florida received a resolution sponsored by Florida Agriculture Commissioner Nicole “Nikki” Fried and “signed by Governor DeSantis and the full Cabinet, recognizing the month of April as Water Conservation Month in Florida.” This is a good thing, but we should keep our eyes open about Florida’s current cabinet.

Left to right: Lisa Rinaman for WKA FL, unknown, Gov. Ron DeSantis, FDEP Secretary Noah Valenstein, Agriculture Commissioner Nikki Fried, unknown, Attorney General Ashley Moody, and Chief Financial Office Jimmy Patronis.

Commissioner Fried presented the resolution to Lisa Rinaman, the St. Johns Riverkeeper and Chair of Waterkeepers Florida. Read the resolution declaring April as Water Conservation Month here.

“On behalf of Waterkeepers Florida, we thank Commissioner Fried, Governor DeSantis and the Florida Cabinet for designating April as Water Conservation Month. Water conservation is critical to the work we do to protect and restore Florida’s waters. We applaud this resolution and the Cabinet’s commitment to conserving Florida’s waters and the opportunity to partner with our leaders to protect our waters for future generations,” said Lisa Rinaman, St. Johns Riverkeeper.

On St. Johns Riverkeeper’s facebook page, yesterday: Continue reading →

Georgia legislature passed a firefighting foam regulation bill 2019-03-28

Both houses of the Georgia General Assembly have passed a bill to regulate PFAS fluorinated firefighting chemicals, such as spilled at Moody Air Force Base and the other two Georgia AF bases. If the governor signs it, this bill will become law.

The bill is rather limited in scope, basically only Continue reading →

GA-PSC report on AGL pipeline and Homerville August 2017 2018 explosion 2019-03-29

Update 2019-04-04: Actually the gas did go through a sewer pipe; AGL didn’t locate or mark that pipe, either. And the GA-PSC report was on the front page yesterday of the newspaper of the largest city in the Suwannee River Basin.

Maybe the gas didn’t go up a sewer pipe to the coffee shop after all. And in its long-awaited report, Pipeline Safety at the Georgia Public Service Commission is not letting AGL hand the blame to its contractors. This recommended fine does not look like the previous slap on the wrist.

GA-PSC says AGL failed to locate and mark its pipeline in use and failed to locate “their abandoned natural gas facility at 107 Courtland Ave.,” which is the address of the Coffee Corner which blew up in August ~~2017~~ 2018 and sent three women to the hospital with third-degree burns.

The report gets worse:

PROBABLE VIOLATION: AGLC failed to consider the use of a valve to stop the flow of gas, or to check the surrounding buildings and confined areas, during the response to this incident, as required by their procedures.

But those are just in the first two items, which only got a $15,000 recommended fine each. The same $15,000 level of fine is recommended for AGL’s failures to test its personnel for drug or alcohol after the incident.

The big item, with a $2,245,000 fine, is for AGL failing Continue reading →

Valdosta Sewage Spills Workshop at Florida Senate 2019-03-20

A Florida Senate Committee has scheduled a Workshop on Valdosta Sewage Spills.

The same session this Wednesday afternoon will hear three water bills, SB 1100 about funding water well testing, which is relevant to the recent detection of E. coli in for example Hamilton County wells, SB 1758, which includes some changes to Basin Management Action Plan (BMAP) requirements and requirements for wastewater treatment plants to notify customers of unlawful discharges, and SB 1552 about Red Tide mitigation.

Event: facebook, meetup

When I went by Senator Bill Montford’s office last Wednesday, his staffer said they would be scheduling this workshop, with public input. They have done so. Senator Montford is the Chair of the Committee on Environment and Natural Resources. His District 3 includes Hamilton, Madison, and Taylor Counties, all of which are members of the twelve-county Florida Rivers Task Force and signatories on its Resolution asking for assistance from Florida and Georgia about Valdosta sewage spills. The Withlacoochee River, into which much of Valdosta’s raw sewage spills have gone, is the border between Madison and Hamilton Counties, and the Alapaha River, into which basin other Valdosta spills have gone, runs through Hamilton County. Taylor County is not on either of those rivers nor on the Suwannee River, yet its economy is affected by the stigma of Valdosta’s sewage spills.

The Florida Senate, COMMITTEE MEETING NOTICE,

ENVIRONMENT AND NATURAL RESOURCES
Senator Montford, Chair
Senator Albritton, Vice Chair
MEETING DATE: Wednesday, March 20, 2019
TIME: 4:00—6:00 p.m.
PLACE: Mallory Horne Committee Room, 37 Senate Building [404 S. Monroe, Tallahassee, FL 32399]
AMENDMENT DEADLINE: Continue reading →

Urge your Georgia state Senator to vote no on HB 545 to preserve rural property rights

Georgia HB 545 restricts property owners from filing a nuisance claim against an industrial agricultural operation. If a Chinese concentrated hog farming operation like those in North Carolina moves in next door, you may have no recourse if this law passes. Smells from pools of animal waste, pesticide drift, or underground contamination of your well water: all these things can travel for miles, and this bill could prevent you from objecting to them.

In Georgia, people are living a “lightmare” from mega-greenhouses owned by an international conglomerate.

HB 545 would prevent property owners from protecting their own property values. Existing law already protects agricultural operations from neighbors who move in next to the farm. This bill favors newly arriving, disruptive industrial agricultural operations over long-established property owners.

Follow this link to send a message today to your Senator and the Governor to VOTE NO on HB 545. Protect rural property rights.

-jsq, John S. Quarterman, Suwannee RIVERKEEPER®

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

Videos: Florida Rivers Task Force about Valdosta Wastewater 2019-02-28

Update 2019-03-17: Valdosta has agreed to meet with the dozen downstream Florida counties, elected officials to elected officials, 6PM, Wednesday, April 10, 2019, at Valdosta City Hall Annex, and “the public will have an opportunity to speak.”

A dozen downstream Florida counties want to meet with the Valdosta City Council, elected officials to elected officials, to present a resolution they passed urging the states of Florida and Georgia to do something about Valdosta’s sewage, and to discuss raising funds to help Valdosta fix its sewage infrastructure, so the Florida counties can restore their eco-tourism on the Withlacoochee, Alapaha, Suwannee, and Santa Fe Rivers. Restoring eco-tourism came up again and again. It’s not just the actual sewage, which never gets to Taylor or Alachua Counties. It’s the stigma of sewage in the rivers. Fixing Valdosta’s spills and regular testing to find other sources are needed.

Valdosta said no. So delegates from all dozen counties are going to come to the March 21, 2019, Valdosta City Council Regular Session and speak in Citizens to Be Heard, three minutes each, some time after 5:30 PM that Thursday evening.

Movie: Approval of Resolution (115M) Task Force, clockwise from front: Scott R. Koons (NCFRPC), Ken Cornell (Alachua County), Anthony Adams (Lafayette County), Don Hale (Suwannee County), Gene Higginbotham (Dixie County), Kenrick Thomas (Gilchrist County), Danny Riddick (Bradford County), Thomas Demps (Taylor County), Beth Burnam (Hamilton County), Rick Davis (Chair, Madison County)

Apparently Valdosta told them that Valdosta doesn’t do workshops or joint meetings, which is curious, since Valdosta’s city council members a month earlier met with council members from all the other Lowndes County cities and the Lowndes County Commissioners about their Service Delivery Strategy, which includes wastewater. Last year, members of Valdosta Mayor and Council met with elected officials Continue reading →

Florida Community Solar SB 1156

If you want solar power in Florida, please call your state Senator and ask them to support SB 1156. If incumbent electric utilities don’t get on with solar power, community solar is one of the things that will replace them. Expect utilities and fossil fuel companies to oppose this bill, so it is important for you to support it.

Florida Introduces Community Solar Legislation to Expand Clean Energy Access, Jobs, by rosalind, Vote Solar, 19 February 2019.

Vote Solar et alia, Press Release, 19 February 2019, Florida Introduces Community Solar Legislation to Expand Clean Energy Access, Jobs, Continue reading →

Resolution pending by Rivers Task Force in Lake City meeting 2019-02-28

Received Thursday. The Rivers Task Force of the dozen downstream Florida counties will be voting next Thursday on a resolution asking the State of Florida (FDEP, SRWMD, etc.) to do something about Valdosta’s sewage spills.

4PM Thu 28 Feb 2019, Holiday Inn, Lake City, FL

When: 4PM, Thursday, February 28, 2019

Where: Holiday Inn Hotel & Suites, 213 Southwest Commerce Boulevard, Lake City, Florida

What: A meeting of the Middle and Lower Suwannee River and Withlacoochee River Task Force

Directions: From the intersection of Interstate 75 and U.S. Highway 90 (exit 427) in the City of Lake City turn, East onto U.S. Highway 90, travel approximately 450 feet to SW Commerce Blvd, turn right (South) onto SW Commerce Blvd, travel approximately 720 feet and the Holiday Inn Hotel & Suites is on the left.

The agenda, after the customary introductory items, has only a resolution and Next Steps.

Resolution and Next Steps

Not on the agenda, but mentioned in the minutes of the previous meeting:

The Task Force agreed that the next steps should be to request a meeting with the Governor and Commissioner of Agriculture. Chair Davis informed the Task Force that the next meeting will be held on Continue reading →

Picture and bills: Capitol Conservation Day 2019-02-20

Wednesday I joined conservation groups from across Georgia to lobby the state legislature, in Capitol Conservation Day 2019, helping move along some bills.

CCD on the Georgia Capitol Steps 2019-02-20
Photo: Erik Voss for Georgia Water Coalition
This photograph can be freely shared, without limitations.

I’m in the hat on the right. Most of the other eight Riverkeepers of Georgia are also in this picture.

At the Bird Supper the previous Wednesday, I discussed two of the same topics and their bills with legislators: trust funds and coal ash.

Stop fee diversions

Jay Powell’s Trust Fund bill passed the Georgia House this same Wednesday, by Continue reading →

The rest of the Valdosta wastewater story at SRWMD 2019-02-12

Valdosta Utilities naturally painted as rosy a picture as possible, and newspapers have limited space, so here is the rest of the story about Valdosta wastewater at the Suwannee River Water Management District board meeting last Tuesday. SRWMD Chair Virginia H. Johns understands the stigma, and Board Member Virginia Sanchez spelled it out:

“You don’t want to swim in a little sewage versus a lot of sewage either. Both of them are bad. A spill is bad.”

Featured in this post, drawing from the WWALS videos of all the relevant speakers, are Valdosta Utilities Director Darryl Muse, who talked about the catch basin Valdosta is digging, Suwannee Riverkeeper John S. Quarterman, who filled in many pieces omitted by Valdosta and FDEP, and Hamilton County resident Jim McBrayer, who got the attention of the SRWMD board by saying there was E. coli in his well and SRWMD should know where it came from, plus especially the very participatory SRWMD board, who made it pretty clear to FDEP they wanted data by their next meeting, and they wanted Valdosta to move along in fixing their problems in less than a hundred years.

Let’s not forget Merrillee Malwitz-Jipson, who pointed out something Valdosta doesn’t want to hear: it’s the stigma of sewage spills that is the big problem they are causing. For sure we need to find out what the specific health and other effects are of Valdosta sewage and other contamination on river water and nearby wells. But the stigma of Valdosta sewage goes far beyond that.

Darryl Muse, Utilities Director, Valdosta

In the WWALS video, Continue reading →

WWALS Watershed Coalition (WWALS) is Suwannee RIVERKEEPER®

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