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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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Timeline

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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04-154

Last updated: November 16, 2004

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