Category Archives: Law

Consent Order, FDEP v. Chemours involving Twin Pines Minerals 2019-02-07

Twin Pines Minerals (TPM) is cited in a consent order on Chemours mines, for failure to collect data, spilling waste through silt fences and not cleaning it up, and being out of compliance on numerous counts, including radium and iron, in the Suwannee, St. Johns, and St. Mary’s River basins in Florida.

[Four times spelled out]
Four times spelled out, on four different pages

This is the same TPM that has applied to mine titanium in Charlton County, Georgia, near the Okefenokee Swamp, which is the headwaters of the Suwannee and St. Mary’s Rivers.

[TPM, GA and Chemours FL mines]
TPM, GA and Chemours FL mines

You can read the Consent Order yourself: Continue reading

Videos: Decision, NextEra Quitman Solar II, Brooks County, GA 2019-08-05

Update 2019-08-17: WWALS videos of the speakers for and against.

The Public Hearing was so packed more people were standing outside. There was a decision, finally, but first…. The speakers against were eloquent and numerous, despite the initial confusion about could they give their 5 minutes to opposition attorney Jonathan P. Waters.

[UGA can confirm --Jonathan P. Waters]
UGA can confirm –Jonathan P. Waters

Answer: no, but the Chairman let several opposition speakers have the attorney speak for them anyway.

Various people spoke for NextEra’s proposed special exception for their 150 megawatt Quitman Solar II project in wooded wetlands.

[Economic developiment --Sherry Davidson, SGRC]
Economic developiment –Sherry Davidson, SGRC

Then the Brooks County Commission made the still-overpacked house wait through their regular agenda. Finally, Patrick Folsom moved Continue reading

Videos: Valdosta and Florida Counties about sewage 2019-07-10

Congenial yet sometimes testy, the Florida counties meeting Valdosta about sewage again last night.

The Valdosta catch basin many Floridians thought would be finished by now? Probably by December.

That report the Utilities Manager last time said explained why 8 or 10 million gallons was big enough for a catch basin? No, it doesn’t explain that. Fortunately, Georgia EPD wants to know how many gallons will be needed for how much rain, and apparently won’t issue a permit for the catch basin until there are answers, so maybe we’ll finally find out.

GA-EPD also wanted to know what if the catch basin fills up? Valdosta’s answer: tanker trucks to ship the sewage from the Withlacoochee Wastewater Treatment Plant to the Mud Creek Wastewater Treatment Plant. Or the other direction, if needed. That sounds like a fine idea. Although it doesn’t address the question of what if the heavy rains fall directly on Valdosta and both WTPs fill up.

Meanwhile, the catch basin is just one of a combination of fixes, mostly intended to alleviate infiltration of stormwater into the sewer system, and about 25% of those are done, says Valdosta City Manager Mark Barber.

Will all these projects be finished this year? No.

Floridians offer to get national elected officials to help.

Floridians also emphasized Ecotourism, and asked me to talk about the 350 people who just came through on Paddle Georgia (#PaddleGA2019), the WWALS Boomerang paddle race from Florida to Georgia and back, and the proposed River Camp at the Little River Confluence west of Valdosta, like the ones on the Suwannee River Wilderness Trail. Valdosta Mayor John Gayle wrote down the date of the WWALS Boomerang (October 26th), and afterwards both Hamilton and Madison Counties promised to help.

Tom Mirti of SRWMD described Florida water quality testing, but didn’t mention that FDEP’s monthly testing isn’t made public until four months later. He did mention that FDEP is now testing for sucralose. Merrillee Malwwitz-Jipson, who requested that, was sitting right there. Thanks to her and Jim Tatum for coming from Florida to this meeting.

Valdosta City Manager Mark Barber said Valdosta was still testing at the state line, which caused me to ask why I didn’t get any results for those locations this year in response to open records requests, then? Valdosta Utilities Director Darryl Muse said that was because they haven’t actually tested at the state line this year. He also complained that he had staff working 100 hours a week. Which makes me wonder whether the city of Valdosta is really giving him what he needs, or whether he hasn’t asked for everything he needs.

Anyway, people were rightly impressed with how much Valdosta has done and with their current plans. However, there is still room for improvement.

Below are Continue reading

Agenda: Florida Counties meet Valdosta about sewage 2019-07-10

Here’s the agenda for tonight’s Special Called Meeting of the Valdosta City Council, with business of Valdosta Utilities presenting to the dozen Florida counties. You may wonder why you haven’t seen this City Council meeting on Valdosta’s website or in the Valdosta Daily Times. Well, Georgia Open Meetings law only requires one notice on the front of the venue and a notice to the newspaper of record 24 hours in advance.

When: 6PM, Wednesday, July 10, 2019

Where: General Purpose Room,
Valdosta City Hall Annex,
300 North Lee Street, Valdosta, GA 31601

Event: facebook

[071019-Special-Called-Meeting-Agenda-0001]
071019-Special-Called-Meeting-Agenda-0001
PDF

Maybe Valdosta should consider that elected official embarassment does not outweigh informing the public.

Thanks to Valdosta City Clerk Teresa Bolden for the agenda. See also Continue reading

Extended: PHMSA LNG by rail car exception until 2019-08-07 on 2019-07-09

The only extension request PHMSA admitted to today, as it extended the comment period for a month, was from two members of Congress. That request notes:

If Energy Transport Solutions intends to run 100+ rail tank cars on the Florida East Coast Railway, PHMSA would be placing large swaths of people and critical infrastructure (hospitals, schools, highways, and even the President’s Mar-a-Lago resort) in jeopardy.

[3.3.2 Probability of Delayed Ignition]
3.3.2 Probability of Delayed Ignition

PHMSA also took the opportunity to add an Updated Environmental Assessment (EA), and a Quantitative Risk Analysis (QRA), which is worthless: “The scope of the QRA addresses unit train movements along one example route located in the Northeastern United States.” The QRA has no maps nor any specific identification of populations, schools, hospitals, businesses, nor even identification of which route is the example, nor which other routes might be used for shipping LNG by rail.

This all to me sounds like PHMSA always intended to extend, and to add these less than useful documents.

PHMSA also claims it added “The Energy Transport Solutions, LLC special permit application (in redacted form)” but I can’t find that online, so we still don’t even really know who the applicant is.

Extension Notice

Continue reading

PHMSA LNG by rail car exception 2019-06-06

Alachua County, New Jersey legislators, WWALS, and the U.S. House of Representatives oppose this PHMSA LNG-by-rail exception, and you can, too.

[Special Permit- Draft-0001]
Special Permit- Draft-0001

PHMSA proposes to authorize LNG in ordinary cryogenic rail cars, in an exception for a subsidiary of the company that owns Hialeah LNG and already sends LNG in containers by rail for export. “In most cases, ETS would expect that the ultimate end-users of this LNG will be foreign generators of power for residential, commercial and industrial purposes,” says the Draft Environmental Assessment. Why should we risk our homes, schools, businesses, hospitals, etc. for private export profit from New Fortress Energy’s Hialeah LNG plant near Miami? Or for a liquefaction plant in Pennsylvania or New Jersey?

PHMSA posted this extension request on June 3rd, and the deadline for comment is this Monday, July 8, 2019. WWALS signed onto an extension request by Physicians for Social Responsibility. You can still send in a copy of that request or other comments by Monday. WWALS will be filing another comment letter, as well.

The only ETS google maps finds in Doral, FL, is Continue reading

Lowndes County admits causing sinkhole; is fixing it 2019-06-24

On the Lowndes County Commission agenda for discussion this morning and voting tomorrow evening, is a rare case where the county admits to having caused a sinkhole, and is fixing the cause: KOA Lift Station Emergency Repair

The 8″ line between the manhole and lift station wet well has collapsed. This has created a sink hole effect with sand filling the wet well. A new manhole will be set and 40′ of 8″ pipe will be jack and bored to connect the new manhole to the wet well. RPI, Inc. has provided a quote for $49,400.00 to provide the materials and perform the work.

Lowndes County Utilities Director Steve Stalvey
Lowndes County Utilities Director Steve Stalvey, 8 May 2018.

The other item is not obvious: Continue reading

Videos: Naylor Boat Ramp should be finished in two weeks @ LCC 2019-06-10

The Naylor Boat Ramp on the Alapaha River should be finished in about two weeks, said Lowndes County Manager Joe Pritchard in yesterday morning’s Lowndes County Commission Work Session.

Below are videos of that meeting by Lowndes Area Knowledge Exchange (LAKE). Continue reading

Veto SB 7103 that would limit Florida local planning, urge 44 groups 2019-05-29

The Florida Governor should veto SB 7103, which would require local citizens to be stuck with big developers’ attorney bills, greatly limiting citizens’ ability to steer local comprehensive planning. This problem goes far beyond the Everglades, even though that’s the main subject of a letter WWALS co-signed, among 44 organizations. Governor DeSantis did not look much like Teddy Roosevelt when he signed the toll road boondoggle bill, but maybe he will veto this other egregious bill.

legal fees

Citing threat to Everglades, 44 groups ask Gov. DeSantis to veto bill, Julie Hauserman, Florida Phoenix, 29 May 2019. Continue reading

Naylor Boat Ramp poured 2019-04-30

Update 2019-05-08: Now with framing and concrete wire.

Update 2019-05-06: OK, as April Huntley pointed out after went out there over the weekend, the concrete is not poured yet: what’s out there is the bed on which to put the concrete. I called Lowndes County Project Manager Chad McLeod, who said that’s right. Today the forms for the concrete are in place. Probably Wednesday they will pour the concrete. Then it has to set for 10-14 days. After that, they will pick a day with an appropriate river level (they need a couple of feet of water in the river), and they will slide the segments down the ramp into the river. So probably somewhere between 18 and 25 May 2019 the concrete ramp should be in the river.

Some of the concrete was still setting on the new Naylor Boat Ramp on the Alapaha River just upstream from US 84.

[From the top]
From the top

Lowndes County Commissioner Joyce Evans asked Gretchen Quarterman at the Monday Planning Commission meeting whether she had been to the new Naylor Boat Ramp. Continue reading