Tag Archives: Law

Turbidity, Coral Reef, Cyanotoxin, and Numeric Nutrient Criteria –Waterkeepers Florida to Florida Triennial Review 2019-11-22

Florida provides Get Out of Jail Free cards for fertilizer, sewage, and manure (FSM), wrote Waterkeepers Florida in this letter sent Friday to the Florida Department of Environmental Protection (FDEP) in its Triennial Review of Water Quality Standards:

If actual substantial harm is eventually found, the only result is a planning processes that lead to Basin Management Action Plans (BMAPs). BMAPs are largely collaborations of the operators of FSM pollution sources, and the only consequence of the failure of the plan to actually curb FSM pollution is a requirement to report the failure. Where BMAPs were hoped to be practical mechanisms to reduce FSM pollution, they have in fact functioned as a “Get Out of Jail Free” card for agriculture industries and other sources of as FSM pollution, while our waters continue to be degraded. The FSM rules have been implemented over the past seven years, during which time, widespread massive algae outbreaks have taken place on the St. Johns River, and in other rivers and lakes throughout Florida.

[Turbidity Criteria]

Much of this letter from most of the members of Waterkeepers Florida, including Suwannee Riverkeeper, is about cyanotoxins, which fortunately we do not yet have in the Suwannee River Basin, and coral reefs, which are a southern Florida regional matter. Yet every regional matter affects the whole state of Florida, the southeast, the nation, and the world. For example, about II. Routes of Ingestion:

This calculation only takes ingestion while swimming into account. Exposure to cyanotoxins can also occur dermally and through inhalation of aerosolized particles. These routes are not taken into consideration, as EPA states, because adequate effects data are not available. The relative source contribution that was a part of the 2016 recommendations has been removed, to focus on the ingestion.

Plus people all over Florida and beyond eat fish caught in the red tide areas: how much exposure to ingested cyanotoxins do we all have?

WKFL Letter

Continue reading →

Okefenokee Swamp on GWC Dirty Dozen because Titanium Mine 2019-11-14

Announced yesterday to press across Georgia and beyond, the titanium mine near Georgia and Florida’s Okefenokee Swamp proposed by Twin Pines Minerals of Alabama made the Georgia Water Coalition Dirty Dozen (see also PDF).

You can still file a comment with the Army Corps and GA-EPD asking them to reject the mine or at least require an Environmental Impact Statement. Convenience for miners is no excuse to risk the fishing, boating, and birding in the swamp and hunting and forestry nearby.

[Closeup]
Closeup of TPM equipment on mine site from GA 94 westbound.
Photo: John S. Quarterman for WWALS, November 14, 2019

2019’s
Worst Offenses Against
GEORGIA’S WATER
OKEFENOKEE SWAMP, ST. MARYS AND SUWANNEE RIVERS

Proposed 2,400-Acre Titanium Mine Threatens Signature Landscape of Georgia

INTRODUCTION:

Twenty years ago when chemical giant DuPont proposed mining titanium dioxide ore near the Okefenokee Swamp, opposition to the plan was so strong— Continue reading →

Waterkeepers Florida passes resolution against titanium mine application near Okefenokee Swamp

Waterkeepers Florida asks the Army Corps to require Twin Pines Minerals to supply all the information missing from its application for a titanium mine near the Okefenokee Swamp, to prepare a full Environmental Impact Statement (EIS), to hold Public Hearings, including in Florida, and “to answer how the Corps has or will determine that the Applicant’s proposed mine would not adversely affect the Okefenokee Swamp, the St. Marys River, the Suwannee River, the Floridan Aquifer, or the State of Florida.”

You can also still comment to the Army Corps.

[TPM Equipment closeup, Wayne Morgan]
TPM Equipment closeup Photo: Wayne Morgan for Suwannee Riverkeeper on Southwings flight, pilot Allen Nodorft, 2019-10-05.

Continue reading →

Rights to Clean Water, Air, and Land

Update 2021-06-15: Right to Clean Water, and four more Florida ballot initiatives 2021-05-20.

Update 2021-02: New York State Environmental Rights Amendment for November 2021 ballot: “Each person shall have a right to clean air and water, and a healthful environment.”

See also the 1972 Montana precedent.

Update 2021-02-24: The regulatory trap at SRWMD: 30 speakers, yet unanimous Nestlé permit 2021-02-23.

Update 2021-01-31: Green Amendment Passes in the New York State Legislature.

Update 2021-01-22: Orange County, Florida (home of Orlando) passed a Bill of Rights for Nature, becoming the most populous local government area in the U.S. to do so; see below.

Does it seem most of the agencies, laws, and rules are rigged for big corporations and against local private property rights, against local fishing, swimming, boating, and hunting, and against organizations like Riverkeepers and Waterkeepers?

[Sabal Trail fracked methane pipeline, titanium mine too near Okefenokee Swamp, Suwannee River Basin]
Sabal Trail fracked methane pipeline, titanium mine too near Okefenokee Swamp, Suwannee River Basin.
See also WWALS map of all public landings in the Suwannee River Basin.

One approach to change that is a Bill of Rights for Nature (BOR), to change the legal structure so rivers, swamps, aquifers, lakes, etc. presumptively have rights that corporations have to prove they are not violating. There are at least three ways to do this: personhood for a waterbody, a Bill of Rights for Nature spelling out specific rights such as to exist and to flow unpolluted, or human rights to clean air and water, commonly known as a Green Amendment.

Examples

First, here are some examples of why rights of nature would be useful.

Example: a titanium strip mine proposed too near the Okefenokee Swamp

For example, Suwannee Riverkeeper is helping oppose a company that wants to mine titanium within three miles of the Okefenokee Swamp, which is the headwaters of the Suwannee and St. Mary’s Rivers, and above the Floridan Aquifer, from which all of south Georgia and north Florida drinks.

[Tribal Grounds west along GA 94 to TPM equipment, 12:38:38, 30.5257540, -82.0411100]
Tribal Grounds west along GA 94 to TPM equipment, 12:38:38.
Photo: John S. Quarterman for WWALS, on Southwings flight, pilot Allen Nodorft, 2019-10-05.

We shouldn’t have to get more than 20,000 60,000 comments sent to the U.S. Army Corps of Engineers pointing out that the Okefenokee National Wildlife Refuge contributes far more jobs (700+) and other economic benefits (more than $60 million/year) to the region and to Florida and Georgia than even the wildest promises of the miners (150-200 as in the application? 300? 350, as they told some reporters?), and the mine would risk all that, including boating, fishing, and birding in the Swamp and hunting around it. We should be able to point to the rights of the Swamp, Rivers, and Aquifer, and the miners should have to prove beyond a shadow a doubt that they would not violate them.

Update 2021-01-22: And then the Army Corps abdicated oversight in late 2020, leaving only the State of Georgia standing between the miners and Swamp with their five permit applications to the Georgia Department of Environmental Protection.

[Twin Pines Minerals mine land, maps, Cherokee of Georgia Tribal Grounds]
Twin Pines Minerals mine land, maps, Cherokee of Georgia Tribal Grounds, photographs by Southwings pilot Chris Carmel on a flight for Suwannee Riverkeeper, 2021-01-10.

You can help, by asking the Georgia Governor and other elected and appointed officials to reject or at least thoroughly review those permit applications.

Example: the Sabal Trail fracked methane pipeline

When the Georgia House of Representatives overwhelmingly refused to grant easements for the Sabal Trail fracked methane pipeline to drill under Georgia rivers, Continue reading →

Two thirds of SRWMD Board half there 2019-09-18

It was surprisingly interactive meeting, with the Board members repeatedly questioning staff about multiple projects, sometimes taking up points raised from the audience. One Board Member even stopped a project. Yet half the rump board was not visible, being on the telephone, and the Budget Public Hearing may or may not have been legal.

Nestlé Water Withdrawal Permits

At the rescheduled September SRWMD Board meeting, OSFR President Mike Roth questioned the validity of the permitting process for Nestlé’s proposed 1.2 million gallon per day water withdrawal from Ginnie Springs on the Santa Fe River, since the actual application is from Seven Springs, which proposes to sell the water to Nestlé, which is not a use authorized by Florida Statutes.

[OSFR President]
OSFR President

I seconded that, and added that the SRWMD Board should revisit Nestlé’s permit for water withdrawal at Madison Blue Springs on the Withlacoochee River, since Florida Statutes to authorize them to do that.

You can comment to SRWMD about Nestlé’s permits.

Photo: Jim Tatum for OSFR, of Suwannee Riverkeeper John S. Quarterman
Photo: Jim Tatum for OSFR, of Suwannee Riverkeeper John S. Quarterman

Afterwards, SRWMD’s Tom Mirti told me the $70,000 contract with SRWMD for Nestlé to support springs water quality monitoring is required by the Nestlé permit for Madison Blue Spring, even though it has to be negotiated separately. Apparently yet another open records request is needed.

Invisible and Missing Board Members

Continue reading →

AGL pipeline explosion settlement deferred again by GA-PSC for state-wide safety: needs to add LNG 2019-09-19

For more time to examine where gas detectors are needed throughout the state, GA-PSC has again deferred voting on the AGL settlement. As Commissioner Jason Shaw said at the first deferral Tuesday, they want to “make sure that all across the state we can make sure that this type of equipment…” is available.

Plus GA-PSC should take a hard look at AGL subsidiary Pivotal LNG’s Liquid Natural Gas (LNG) liquefaction facilities and truck and train routes from them to Jacksonville, Florida, especially since the Federal Energy Regulatory Commission (FERC) has shirked its oversight duties for inland LNG facilities.

AGL pipeline map, Georgia
Georgia, AGL Pipeline Map, in Homerville, GA pipeline explosion, by John S. Quarterman, 17 August 2018

AGL has pipelines all over the state of Georgia. I don’t know any reason to believe any of them are any safer than the one that goes from my property in Lowndes County to Homerville in Clinch County (and to Moody Air Force Base, to parts of Valdosta, to Ray City in Berrien County, and to Lakeland in Lanier County).

The map above is the newest I could find online. It was last updated in 2008, more than a decade ago. No doubt AGL can provide the PSC with more current mapping data. Maybe the PSC could require AGL to provide an updated map to the public.

The Public Map Viewer by the Pipeline and Hazardous Safety Administration (PHMSA) is no help: it does not include AGL’s distribution pipelines such as the one to Homerville.

PHMSA was sufficiently concerned about the Homerville Coffee Corner explosion that it wrote on AGL’s report to PHMSA: Continue reading →

Make sure we have an adequate amount for departments all across the state in AGL settlement –GA-PSC Commissioner Jason Shaw 2019-09-17

Deferred: the AGL gas explosion settlement agreement, to be sure enough county fire departments are covered, and there is “an adequate amount” to do that. Maybe now Lowndes County and Berrien County and Ray City can be added to the list of departments to get gas detection equipment. No doubt AGL will be happy to provide more funds to accomplish this prevention of explosions such as happened last fall in Homerville, GA.

[Commissioner Jason Shaw]
Commissioner Jason Shaw

Thanks to Commissioner Jason Shaw for speaking up for the people of the state of Georgia at this morning’s GA-PSC meeting.

I would like to hold item R1. I think there are some questions.

Continue reading →

AGL pipeline explosion settlement down to 10% on GA-PSC agenda tomorrow morning 2019-09-16 2019-09-17

Update 2019-09-17: Decision deferred for questions.

AGL has whittled GA-PSC staff’s recommended fine of $2,305,000.00 down to $250,000, on the theory that prevention is the goal, not punishment. This item is on GA-PSC’s agenda for 9AM tomorrow morning, September 16 17, 2019. There will be live stream of audio.

[5701 Quarterman Road]
AGL President Bryan Batson (in green shirt) at 5701 Quarterman Road, Lowndes County, Georgia

$110,000 of the settlement is to go to fire departments for gas detectors, plus $70,000 on water and sewer damage prevention educational programs, and $70,000 to the Georgia Pipeline Emergency Responder Initiative (GPERI). At least that $250,000 is 25 times the usual fine. And despite the usual disclaimers of no admission of fault, etc., there is this:

The stipulation states that AGL cannot recover any of the $250,000.00 through rates or by ratepayers. Additionally, if AGLC receives any tax benefits as a result of utilizing the money, all benefits must be passed on to ratepayers.

When Tom Krause, Public Information Office, GA-PSC, sent me these documents about noon today, he added:

As I said, the PSC is continuing investigations into the contractor and the City of Homerville regarding this incident.

Plus there are quite likely private lawsuits still pending.

GA-PSC composed “a list of the 85 fire departments within AGLC’s certificated territory that could receive the gas detectors.”

[Fire Department List Homerville AGL]
Fire Department List Homerville AGL
PDF

Curiously, while Hahira is on that list, Lowndes County is not, even though Continue reading →

Deadline: today to comment to USACE against titanium mine near Okefenokee Swamp 2019-09-12

Please send your comments today to the Army Corps and GA-EPD against the proposed titanium mine far too near the Okefenokee Swamp, which is the headwaters of the Suwannee River.

How to Comment

Help Suwannee Riverkeeper save the Okefenokee Swamp
You can object to a titanium strip mine proposed far too near the Swamp.

Help Suwannee Riverkeeper Save the Okefenokee Swamp

GA-EPD had a public comment period open until March 20, 2023 on the Twin Pines Minerals Mining Land Use Plan.

You can still send a comment to the addreseses below, even though the comment period is over. You can comment from anywhere: not limited to Georgia.

Here is the Public Notice and the documents on which you need to comment.

You can email or paper mail your comments, or join one of two zoom webinars.

You can write to your Georgia state representative or senator or governor or lieutenant governor and ask them to refuse any such instrument.

Here's a convenient comment form by Georgia Water Coalition:
https://protectgeorgia.org/okefenokee/#/320/

Or to find your legislator you can type in your ZIP code here: http://openstates.org/find_your_legislator/

These are the Georgia state Senators with districts most involved with the Okefenokee Swamp:

  • GA Sen. Mike Hodges, District 3 District 003 Senator Mike Hodges (R-Brunswick), (404) 463-1309, (912) 464-1989, mike.hodges@senate.ga.gov (Charlton, Brantley, and east half of Ware Counties).
  • GA Sen. Russ Goodman, District 8 District 008, Senator Russ Goodman (R-Homerville), (404) 463-1318, 912-218-0447, russ.goodman@senate.ga.gov, rustingoodman@gmail.com, (Lowndes, Lanier, Echols, Clinch, Atkinson, and west half of Ware Counties).

These are the Georgia state Representatives with districts most involved:

  • John Corbett, House District 174 174, John Corbett, R - Lake Park, (404) 656-5105, john.corbett@house.ga.gov, Charlton, Brantley, south half of Ware, Clinch, Echols, east third of Lowndes Counties.
  • Steven Sainz, House District 180 180, Steven Sainz, R - Woodbine, (404) 657-1803, steven.sainz@house.ga.gov, Camden and part of Glynn Counties: no Suwannee River Basin Counties after recent redistricting.
  • James Burchett, House District 176 176, James Burchett, R - Waycross, 404-656-5105, Suite 1318, james.burchett@house.ga.gov, southwest Coffee, Atkinson, Lanier, and northeast Lowndes Counties
  • Dexter Sharper, House District 177 177, Dexter Sharper, D - Valdosta, 404.656.0126, dexter.sharper@house.ga.gov, Lowndes County

You can also write to your U.S. Representative or Senator and ask them to urge the Corps to take back up its oversight of the mine site. See former letter from former Rep. Al Lawson (FL-05).

For the requested Georgia state permit regarding Section 401 of the Clean Water Act, you can send a comment or request for public hearing to
Stephen Wiedl, Wetlands Unit, stephen.wiedl@dnr.ga.gov
Georgia Department of Natural Resources, Environmental Protection Division, Water Protection Branch, 7 Martin Luther King, Jr. Drive, Atlanta, Georgia 30334.
Be sure to mention Applicant: Twin Pines Minerals, LLC, Application Number: SAS-2018-00554.

For the Georgia Coastal Management Program certification, you can send a comment to
Federal Consistency Coordinator, Ecological Services Section, Coastal Resources Division,
Georgia Department of Natural Resources, One Conservation Way, Brunswick, Georgia 31523-9600
Telephone 912-264-7218.

You can also write to the Georgia DNR board, asking them to refuse any such instrument.
Georgia Board of Natural Resources
2 Martin Luther King Jr. Drive, SE, Suite 1252, Atlanta, GA 30334

To submit a letter to the editor of the Charlton County Herald, you can email editor@charltonherald.com.
Or write to your local newspaper.
You can also contact radio, TV, and of course post on social media.

More than 12,000 people have already commented. You can, too.

[Signs]
Photo: John S. Quarterman, before 2019-08-13 TPM meeting. L-r: Mark Lyons of Citizens Against Phosphate Mining, Alice Keyes of One Hundred Miles, Hilda Gilchrist of Our Santa Fe River (OSFR), Jim Tatum of OSFR and WWALS, Rena Peck Stricker of Georgia River Network, Mike Roth and Kristin Rubin of OSFR and WWALS, John S. Quarterman, Suwannee Riverkeeper, Merillee Malwitz-Jipson of OSFR and WWALS

Here’s why.

Julia Widmann, Waterkeeper Alliance, 23 August 2019, Suwannee Riverkeeper Fights to Protect Okefenokee Swamp from Titanium Strip Mine,

Twin Pines Minerals, LLC (TPM), an Alabama-based mining company, applied for permits from the U.S. Army Corps of Engineers and the Georgia Department of Environmental Protection to mine for titanium near the Okefenokee National Wildlife Refuge, which is the headwaters of the Suwannee and St. Marys Rivers in Southern Georgia. The Suwannee flows south through Florida to the Gulf of Mexico, and the St. Marys becomes the border between Georgia and Florida on its way to the Atlantic.

John was quoted in the first news story about the mine, by Emily Jones of Georgia Public Broadcasting on July 15, “The most obvious thing that we really need is a real environmental impact statement. All we have so far is, ‘this is what the applicant said.’”

Both Suwannee Riverkeeper and Southern Environmental Law Center have prepared comments which will go in went in today. If your organization wants to sign on, please contact me ASAP, at contact@suwanneeriverkeeper.org send in your own comments saying you support the Suwannee Riverkeeper comments.

Or you can just send in your own comments directly. Doesn’t have to be long. A sentence will do.

Much more about the proposed mine is here:
wwals.net/issues/titanium-mining/

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

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

Nobody needs Nestle water bottles from our river and spring water –Suwannee Riverkeeper on RT.com 2019-08-29

RT carried a surprisingly long objection to Nestlé’s water withdrawals from Suwannee Riverkeeper John S. Quarterman, interviewed via skype from London on Wednesday, posted Thursday.

[No need for water in plastic bottles]
No need for water in plastic bottles

Remember to send your comment to the Suwannee River Water Management District (SRWMD) asking them to deny Nestlé’s request to withdraw more water from the Santa Fe River at Ginnie Springs.

RT, YouTube, 29 August 2019, Nestle seeks to extract millions of liters of water from Florida’s ‘fragile’ Santa Fe river, Continue reading →