STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

Transcription

1 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA WILDLIFE FEDERATION and MANLEY FULLER, and WAKULLA COUNTY, a political subdivision of the State of Florida, and DEP OGC NO FILE NO. FLA DW1P JOSEPH GLISSON v. Petitioners, DEPARTMENT OF ENVIRONMENTAL PROTECTION; and the CITY OF TALLAHASSEE, v. Respondents, CHARLIE CRIST, as Attorney General of the State of Florida, Petitioner/Intervenor. / 1

2 VERIFIED PETITION TO INTERVENE COMES NOW, CHARLIE CRIST, as the Attorney General of Florida and as the head of the Department of Legal Affairs of the State of Florida, and moves to intervene in the above styled action and as grounds states: 1. The City of Tallahassee is the operator of a wastewater treatment and reclaimed water land application facility. 2. The facility is comprised of four (4) separate treatment trains. The four treatment trains include a single (1) 2.5 MGD trickling filter with rotating biological contactor, two (2) 8.75 MGD conventional activated sludge systems, and a single (1) 7.5 MGD activated sludge with nitrification-denitrification system. 3. Reclaimed water is normally land-applied at three sprayfields in the area; the Southwest Sprayfield, the Southeast Farm, and the Southeast Farm Expansion. Residuals are digested and may be transported to a residuals management facility, disposed in a landfill, or treated to Class AA standards for distribution and marketing. 4. The City of Tallahassee operates this system pursuant to permit number FLA010139, issued by Respondent, Department of Environmental Protection (DEP). The City s address is City of Tallahassee, 300 South Adams Street, 2

3 Tallahassee, Florida The agency affected by this petition is DEP, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida , which issued a notice of intent to issue a permit renewal to the City on February 13, The agency file number is FLA DW1P. 6. Pursuant to Rule (4), Florida Administrative Code, Petitioners were granted an extension of time within which to file a challenge to the issuance of the subject permit, said extension expiring Friday, March 24, Timely petitions were filed on that day. 7. The Petitioner/Intervenor is the Attorney General of Florida, head of the Department of Legal Affairs, whose address is PL-01, The Capitol, Tallahassee, Florida Petitioner is represented by Denis Dean, Special Counsel, Fla. Bar No , PL-01, The Capitol, Tallahassee, Florida Notice was received through the news media on or about February 13, Petitioner has standing to intervene in this action pursuant to (5), Fla. Stat. 8. On Friday, March 24, 2006, the Florida Wildlife Federation, Wakulla County, and Joseph Glisson filed petitions for an administrative proceeding (hearing) under Sections and (1), Florida Statutes. 3

4 9. Petitioner adopts the statements of material fact in dispute as set forth in the Petitions of the Florida Wildlife Federation, Wakulla County, and Joseph Glisson. 10. Petitioner asserts as an ultimate facts that the permit applicant has failed to give reasonable assurance that the above-described system complies with the Florida Statute and Administrative Code provisions referenced in the Petitions filed by the Florida Wildlife Federation Wakulla County, and Joseph Glisson. More specifically, Petitioner asserts that the permit applicant has failed to give reasonable assurance that the operation of the Southeast Sprayfield under the proposed permit will not contribute to water quality violations and will not significantly degrade water quality in Wakulla Springs and the Wakulla River, both of which are designated Outstanding Florida Waters by DEP. Despite such designation, quarterly sampling of Wakulla Springs and River has caused DEP to rank their ecological health in the poor to very poor/severely degraded range, with the Springs having nitrogen levels higher than over 80% of all Florida springs The referenced administrative proceeding is an administrative, licensing, or other proceeding authorized by law for the protection of the air, water, or other natural resources of the state from pollution, impairment, or destruction. 4

5 12. Wakulla Springs is an outstanding Florida Water and is a resource of local, statewide, and national significance both for ecological as well as economic reasons. It is a first magnitude spring whose (previously) pristine waters have been a treasure for generations. Continued operation of the Southeast Sprayfield under the conditions in the proposed permit will not sufficiently protect the Springs from further degradation from introduction of nitrates into the ecosystem. The City s continued operation of over 2600 acres of sprayfield in the Woodville Karst Plain south of the Cody Scarp allows introduction of nitrates into the Floridan Aquifer which is largely unconfined and near the surface in this area. Southwest groundwater flow bringing these nitrates to Wakulla Springs has caused explosive growth of, inter alia, hydrilla and filamentous green algae to the significant detriment of Wakulla Springs. For example, this growth causes a decrease in dissolved oxygen in the water, causing the loss of macroinvertebrates (e.g. Apple Snail) which in turn causes the extirpation of the Limpkin which depends on the Apple Snail for food. The City of Tallahassee s wastewater management system is the second largest contributor of nitrates in the Woodville Karst Plain and the subject permit is insufficient to abate the nitrate loading from this system. Issuance of the subject permit, therefore, will have the effect of impairing, polluting, or otherwise injuring the air, water, or other natural resources of the state. 5

6 13. Issuance of the subject permit will allow the City to continue to: 1) cause or contribute to violations of water quality standards at Wakulla Springs; 2) significantly degrade Wakulla Springs, an Outstanding Florida Water; 3) use a hydraulic loading rate that is not justified or supported by the engineering reports relied upon by the City and the DEP; and 4) discharge or release pollution to the environment in contravention of Florida law and DEP s administrative rules. 14. The City has not adequately considered alternative measures to control nitrate levels in the City s wastewater effluent. The City has not provided reasonable assurances that Wakulla Springs, an Outstanding Florida Water, will be protected from the impacts of disposal of effluent at the Southeast Farm and Southeast Farm Expansion. 15. Intervenor requests that the subject permit be denied as proposed and that new conditions be added that will adequately protect Wakulla Springs from pollution and degradation caused by the effluent from the City of Tallahassee Wastewater Treatment System.. 6

7 I HEREBY CERTIFY that the facts set forth in the above Petition to Intervene are true and correct to the best of my knowledge. L. Clayton Roberts, Deputy Attorney General for Charlie Crist, Attorney General Respectfully submitted this Day of, CHARLES J. CRIST, Jr. ATTORNEY GENERAL Denis A. Dean Special Counsel Fla. Bar No PL-01, The Capitol Tallahassee, FL (850) , ext

8 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the forgoing was served by U.S. Mail this Day of, 2006, on: Chip Collette DEP, Office of General Counsel 3900 Commonwealth Blvd., M.S. 35 Tallahassee, FL Jim English, City Attorney City of Tallahassee 300 South Adams Street Tallahassee, FL David A. Theriaque S. Brent Spain Timothy E. Dennis 1114 East Park Avenue Tallahassee, FL Carlos Alvarez 847 East Park Avenue Tallahassee, FL Ronald A. Mowrey Stephen E. Mitchell 515 North Adams Street Tallahassee, FL Attorney 8