FOR IMMEDIATE RELEASE: June 17, 2004
CONTACT: Deena Wells, (850) 245-2112
Judge Favors Everglades Water Quality Standard
--Phosphorus criterion to restore balance of natural
system--
TALLAHASSEE – Today, an administrative law judge issued a Final Order
in favor of the State of Florida supporting a rule to limit phosphorus levels in
America’s Everglades. The rule establishes the process for improving water
quality and restoring the natural system in the famed River of Grass.
Decades of biological research provide the basis for the numeric water quality
standard proposed by the Florida Department of Environmental Protection.
“The State used the best peer-reviewed science to develop a stringent water
quality standard that will restore water quality in America’s Everglades,” said
Secretary Colleen M. Castille. “Florida is using research, technology, dedicated
funding and sheer commitment to return the natural balance of flora and fauna to
this unique system.”
The rule establishes a phosphorus standard of 10 parts per billion for the
entire freshwater area of the Everglades Protection Area. As part of its
intensive schedule to improve water quality in America’s Everglades, the State
is operating more than 41,000 acres of constructed wetlands that use plants to
naturally remove nutrients from water flowing into the 2.4 million-acre marsh.
Together with improved farming practices, the Stormwater Treatment Areas have
prevented nearly 1,400 tons of phosphorus from entering the Everglades over the
last decade.
“Florida is ahead of schedule in removing phosphorus from water entering the
Everglades,” said Secretary Castille. “Optimizing advanced ‘green’ technologies
is improving water quality, which will lead to further phosphorus reductions in
the last affected areas of the Everglades.”
The rule requires the use of best available technologies to ultimately
achieve the water quality standard. More than half a billion dollars will be
invested over the next decade to implement an enforceable, long-term plan to
ensure continued water quality improvements and protection of America’s
Everglades.
“We are working aggressively to achieve compliance with water quality
standards,” said South Florida Water Management District Executive Director
Henry Dean “Today’s court action validates both the process and the strategies
we are using to successfully clean up and restore the Everglades.”
In July 2003, the Environmental Regulation Commission approved the rule
proposed by the Department. In today’s Final Order, Judge David Maloney formally
upheld the Department’s rule. The 1994 Everglades Forever Act requires that the
South Florida Water Management District comply with the standard by December 31,
2006.
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| 1994 |
The Florida Legislature passes the Everglades Forever Act, which directs the
State of Florida to develop a phosphorus criterion for the Everglades Protection
Area. The criterion numerically interprets an existing narrative standard, which
states: ”In no case shall nutrient concentrations of a body of water be altered
so as to cause an imbalance in natural populations of aquatic flora or fauna.” |
| 1996 |
Farmers in the Everglades Agricultural Area implement Best Management
Practices (BMPs). |
| 1997 |
Agricultural BMPs reduce phosphorus amounts leaving the agricultural area
basin by 51%. Phosphorus loadings are reduced from 240 metric tons to 122 metric
tons. The South Florida Water Management District completes construction of
the first of six filtering wetlands known as Stormwater Treatment Areas (STAs). |
| 1999 |
BMPs reduce phosphorus levels to 50 parts per billion (ppb). |
| 2000 |
Agricultural BMPs continue to reduce phosphorus loads from the Everglades
Agricultural Area. |
| 2001 |
STAs 1 West, 2, 5 and 6 are operating and remove more than 24 metric tons of
phosphorus from inflows into the Everglades Protection Area. For the fifth
consecutive year, BMPs reduce phosphorus loads from the Everglades Agricultural
Area by 30% more than is required by rule or statute. |
| 2002 |
BMPs reduce phosphorus loads from the Everglades Agricultural Area by 48%
more than is required. STAs reduce phosphorus concentrations to less than 35
ppb, exceeding the goal established in the Everglades Forever Act.
Construction begins on the two final STAs – 3/4 and 1 East. |
| 2003 |
The Florida Department of Environmental Protection proposes to set the first
numerical ambient water quality standard for phosphorus at 10 ppb. Florida
amends the 1994 Everglades Forever Act to provide $451 million over the next 13
years to clean up pollution in water before it enters the Everglades. The
commitment builds on a $630 million investment to improve water quality in the
Everglades.
The South Florida Water Management District announces it will install new
“green” technology, known as Periphyton-Based Stormwater Treatment Area (PASTA),
in STA 3/4 years ahead of schedule.
The Environmental Regulation Commission approves the water quality standard
for phosphorus in the Everglades.
In line with a three-year trend, modified farming practices in the Everglades
Agricultural Area reduce phosphorus loads to the Everglades by 57% -- more than
twice the 25% reduction required by the Everglades Forever Act. |
| 2004 |
The South Florida Water Management District begins moving water through the
16,500-acre STA 3/4 – the world’s largest constructed wetland.
An Administrative Law Judge issues a Final Order supporting the Department of
Environmental Protection’s environmental rule to limit phosphorus levels in
America’s Everglades. |
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