| TALLAHASSEE – Today, the First District Court of
Appeals upheld an administrative law judge’s Final Order in favor of the State
of Florida’s 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.
“Today’s action by the Court upholds Florida’s science-based strategy for
cleaning up the Everglades and returning a natural balance to one of the
nation’s most treasured ecosystems,” said DEP Secretary Colleen M. Castille.
“Florida has set aside an unprecedented $1 billion for water quality
improvements alone. Our comprehensive plan, accelerated schedule and continued
financial investment will lead to additional phosphorus reductions in the
remaining impacted areas.”
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 36,000 acres of constructed wetlands that use plants to
naturally remove nutrients from water flowing into the 2.4 million-acre marsh.
Florida is on schedule to construct an additional 5,000 acres of treatment marsh
by 2006 and another 15,000 acres by 2009.
Together with improved farming practices, manmade wetlands have prevented
nearly 1,700 tons of phosphorus from entering the Everglades over the last ten
years – cutting loads by more than 60 percent. The stormwater treatment areas
are cleaning water from the 170 parts per billion phosphorus levels of a decade
ago to as low as 12 parts per billion today.
The rule requires the use of best available phosphorus reduction technology
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.
In July 2003, the Environmental Regulation Commission approved the rule
proposed by the Department as a part of the Everglades Forever Act. In June
2004, Judge David Maloney issued a Final Order formally upholding the
Department’s rule. Today’s action by the First District Court of Appeals affirms
Judge Maloney’s findings. |
2012 State of Florida