Category Archives: Law

GA-EPD Consent Order on Valdosta for One Mile Branch fish kill and sewage spills 2023-09-15

Update 2023-11-13: Valdosta Standard Operating Procedures as conditions on Consent Order EPD-WP-9424 2023-11-13.

That One Mile Branch fish kill back on September 23, 2022, was not just from a fuel spill by VSU.

The Georgia Environmental Protection Division (GA-EPD) found contamination and dead fish upstream of that alleged fuel spill. GA-EPD also cited numerous other Valdosta sewage spills, not only into One Mile Branch, but also into Hightower Creek (also draining through Sugar Creek into the Withlacoochee River), and spillsinto Knights Creek (which drains into Mud Swamp Creek, then the Alaphoochee River, and the Alapaha River).

Result? A new Consent Order on Valdosta, including a hefty fine as one of five conditions, the rest of which have sixty (60) day deadlines.

[$56,139.30 fine on Valdosta for One Mile Branch Fish Kill and other spills --GA-EPD 2023-09-15]
$56,139.30 fine on Valdosta for One Mile Branch Fish Kill and other spills –GA-EPD 2023-09-15

$56,139.30 may not sound like much as a fine, but it is huge compared to typical GA-EPD fines of maybe $10,000, and it is almost half of the $122,000 of the 2020 Consent Order after the huge December 2019 Valdosta sewage spill.

Please note that the Valdosta Utilities Department is under new management since all this happened.

Acting Utilities Manager Jason Barnes now has the task of cleaning up the physical and regulatory mess, even though he had nothing to do with causing it.

The City’s explanation for the One Mile Branch fish kill at the time did not pass muster with GA-EPD: Continue reading →

DeKalb County, GA, resolution requesting protection for the Okefenokee Swamp 2023-10-24

Congratulations to DeKalb County for passing a resolution supporting the Okefenokee Swamp.

You can encourage your city council or county commission to pass such a resolutin. Local government resolutions help encourage state legislatures to pass bills.

And you can still ask GA-EPD to reject the permit applications for that strip mine for titanium dioxide for white paint.
https://wwals.net/issues/titanium-mining/

You can help save the Okefenokee Swamp, the headwaters of the St. Marys and Suwannee Rivers.

[DeKalb County Okefenokee Resolution 2023-10-24]
DeKalb County Okefenokee Resolution 2023-10-24
PDF

Thanks to all those who got it done. I would name them, but I’m not sure who they all were. Continue reading →

Fishing, boating passage, and navigability in Georgia waters 2023-10-12

Update 2023-12-31: Fishing Access in Georgia: House Committee Report 2023-12-01.

What waterways are navigable? How does navigability apply to fishing rights and private ownership of waterways? What about right of passage? How does the Georgia state constitutional Right to Hunt and Fish apply? And what about GA-DNR boat ramps?

[Access, Navigable, Boat Ramps]
Access, Navigable, Boat Ramps

This controversy started with a lawsuit about the Flint River, but it has already spread to other rivers and creeks, and sooner or later will affect the Suwannee River Basin.

The Chair of the Georgia House Study Committee on the subject is Rep. James Burchett, District 176, which includes southwest Coffee, Atkinson, Lanier, and northeast Lowndes Counties, all in the Suwannee River Basin. Plus he is the County Attorney for Brooks County.

If you know him, maybe you’d like to talk to him about the importance of river passage and public fishing rights. As he is reported to have said, “The intention is to find clarity. The property owners and fishermen all want to know, where can we fish and where can we not?”

Continue reading →

Tell FDEP: stop withdrawing our springs 2023-08-28

According to a 2016 Florida state law, FDEP is supposed to “adopt uniform rules for issuing permits that prevent groundwater withdrawals harmful to the water resources and a uniform definition of the term “harmful to the water resources” to provide water management districts with minimum standards necessary to be consistent with the overall water policy of the state for Outstanding Florida Springs.“

The department’s writeup even says, “The rule is likely to affect consumptive use permitting in the Northwest Florida, Suwannee River, St. Johns River and Southwest Florida water management districts.”

Well, it won’t limit permitting in its current form.

[Agenda for 2023-08-28 and Madison Blue Spring 2022-06-04]
Agenda for 2023-08-28 and Madison Blue Spring 2022-06-04

The Florida Department of Environmental Protection (FDEP) is holding a workshop on development of this rule.

You can ask them to actually follow the law and protect our springs.

That’s 11 AM, Monday, August 28, 2023, at the
Alachua County Headquarters Library, Meeting Room A,
401 E University Ave, Gainesville, FL 32601.

Sierra Club Florida has an RSVP form

Here is the agenda: Continue reading →

Echols County Okefenokee Resolution 2023-08-03

Update 2023-08-10: Chainsaw cleanup, Outings, Boat Ramps, Okefenokee Swamp –Suwannee Riverkeeper @ Clinch County Commission 2023-08-07.

Thanks to the Echols County Commission for passing this resolution last Thursday, August 3, 2023.

[Suwannee River and Agenda, Echols County Commission 2023-08-03]
Suwannee River and Agenda, Echols County Commission 2023-08-03

And thanks to the Echols County citizens who asked the Commission to do that.

A Resolution for the Okefenokee Swamp and against the Twin Pines Minerals strip mine

Continue reading →

Reroute: Sugar Creek and Troupville Withlacoochee River on-land cleanup 2023-07-22

Update 2023-07-22:Pictures: Sugar Creek Withlacoochee River on-land cleanup 2023-07-22.

Due to bad water quality reports for Sugar Creek heard from the City of Valdosta, we are revising the cleanup from a paddle to an on-land cleanup. Please come to Sugar Creek at 9AM to hear where we will go from there.

When: Gather 9 AM, launch 9:30 AM, end 1 PM, Saturday, July 22, 2023

Where: Meet at the back of the Salty Snapper parking lot, 1405 Gornto Rd, Valdosta, GA 31602 and we’ll go to appropriate locations from there.

GPS: 30.861764, -83.318854

[At Langdale Park Boat Ramp: Caution Sewage Spill City of Valdosta --Bobby McKenzie 2023-07-21]
At Langdale Park Boat Ramp: Caution Sewage Spill City of Valdosta –Bobby McKenzie 2023-07-21

Bring: Cleanup materials will be provided, but if you’ve got a trash picker, bring it along. Bring sturdy shoes and clothes, drinking water, and snacks.

There is no need to bring a boat. Continue reading →

Nominating Okefenokee NWR for UNESCO World Heritage List –WWALS 2023-06-28

Update 2024-12-24: Okefenokee National Wildlife Refuge to be Nominated to Join UNESCO World Heritage List –U.S. Department of the Interior 2024-12-20.

This is what we sent to the U.S. Fish and Wildlife Service for their bid to make the Okefenokee National Wildlife Refuge a UNESCO World Heritage Site.

Remember, you can still help stop a strip mine from locating near the Okefenokee Swamp:
https://wwals.net/issues/titanium-mining

[The WWALS letter 2023-06-28 and the old-growth cypress 2021-01-10]
The WWALS letter 2023-06-28 and the old-growth cypress 2021-01-10

It features an old-growth cypress stand with trees 400-500 years old.

[NW: Big Cypress Camp Island, Little Cooter Lake, 30.682969, -82.200123]
NW: Big Cypress Camp Island, Little Cooter Lake, 30.6829690, -82.2001230 seen on a Southwings flight for Suwannee Riverkeeper 2021-01-10.

The WWALS letter

In web form below, and also in PDF and with attachments.

See also the previous WWALS letter of January 26, 2021.

And, among the references cited, thanks to WWALS Science Committee Chair Tom Potter for spotting G. Ronnie Best, et al., “An Old-Growth Cypress Stand in Okefenokee Swamp,” University of Florida, 1984. https://cfw.essie.ufl.edu/wp-content/uploads/sites/312/2020/07/Best-etal-1984-OldGrowthCypressStandInOkefenokeeSwamp-BookChapter.pdf

Continue reading →

The Mermaid says sign the petition, Rights to Clean Water for Florida 2023-03-26

The mermaid likes it.

Florida registered voters, please sign the petition to get a state constitutional amendment for Rights to Clean and Healthy Waters on the ballot:
https://www.floridarighttocleanwater.org

[The Mermaid says sign the RTCW petition]
The Mermaid says sign the RTCW petition

This picture of Mermaid Danielle Shmalberg with the RTCW petition and Suwannee Riverkeeper John S. Quarterman was taken at the 2023 OSFR Songwriting Contest, part of RiverFest by Our Santa Fe River.

WWALS has shamelessly copied that idea for years. Join us Friday evening, September 22, 2023, for the sixth annual Suwannee Riverkeeper Songwriting Contest as part of the first-ever WWALS gala fundraising dinner, WWALS River Revue:
https://www.betterunite.com/WWALS-wwalsriverrevue2023/ Continue reading →

FL Gov signed sprawl bill: need Rights to Clean Water 2023-06-08

Thanks to everyone who asked the Florida Governor to veto the sprawl bill, HB 359 / SB 540. But he signed it anyway, so now anyone who sues to stop a comprehensive plan change and loses has to pay the other side’s legal bills.

And the Supreme Court drastically limited the scope of the Clean Water Act in its decision in Sackett II.

Now we really need Right to Clean Water in Florida as a constitutional amendment. Please sign the petition and ask all your Florida registered voter friends and relatives to do so.
https://www.floridarighttocleanwater.org/petition

With enough signatures, the RTCW petition can get a constitutional amendment on the ballot in 2024, and there is nothing the legislature or governor can do to stop it.

[Right to Clean Water, FL SB 540]
Right to Clean Water, FL SB 540

Georgians, please encourage Floridians to sign the petition.

Here’s an explanation of why other means won’t work,
“Floridians who’ve been following along know that we are not going to achieve anything remotely resembling such protections through legislative action, which is why supporting this amendment is a no-brainer.”

Cheryl Lasse, Palm Beach Post, June 8, 2023, New Florida law and court ruling leave state’s waterways in peril, Continue reading →

Judge agrees with voters: Titusville Right to Clean Water Charter amendment is legal 2023-05-22

In a big win for Right to Clean Water (RTCW) in Florida, a judge sided with the voters who passed a Titusville charter amendment. Addressing every point of a Motion for Summary Judgement for Declaratory Judgment filed by the City of Titusville, the judge denied that motion and granted the request by Speak Up Titusville, Inc. to require the City to certify the Amendment.

[Right to Clean Water and Sand Point Park Sewer polluted water flowing to Indian River Lagoon 2021-04-24 --Florida Today]
Right to Clean Water and Sand Point Park Sewer polluted water flowing to Indian River Lagoon 2021-04-24 –Florida Today

Registered Florida voters, please sign the statewide petition to put a state constitutional amendment on the ballot:
https://www.floridarighttocleanwater.org/ Continue reading →