MyFlorida.com
Governor Rick Scott
Secretary Herschel T. Vinyard, Jr.
http://www.myflorida.com
The Post Florida Department of Environmental Protection
3900 Commonwealth Blvd., M.S. 49
Tallahassee, FL 32399
P: (850) 245-2118
F: (850) 245-2128
http://www.dep.state.fl.us

Volume 10, Issue 10

More Protection, Less Process

March 12, 2010

Statement from DEP Secretary Michael W. Sole Regarding Issuance of Final Order for International Paper Company (IP)

Michael W. Sole

TALLAHASSEE – “After careful consideration and based on the conclusions of Judge Bram D.E. Canter’s recommendation, I have signed a Final Order to approve International Paper’s permit application and the company-planned reconfiguration of its Pensacola Mill at Cantonment in Escambia County.

“The final order will, after years of legal challenges, issue a permit for the mill. The permit strictly outlines all of the necessary improvements International Paper needs to make in order to protect the area’s natural resources as well as enhance the biological diversity and productivity of the nearby wetlands.

“Specifically, the permit requires International Paper to upgrade their wastewater treatment and relocate the existing discharge from Eleven Mile Creek to an effluent distribution system in a 1,381 acre wetland tract, with an additional 1,188 acres that will be managed as a conservation area. These changes in land management activities and the relocation and modification of the effluent distribution system will result in the restoration of the historic ecosystems. The permit also requires IP to achieve compliance with all water quality standards and permit limits by the end of the consent order.

“We look forward to working with both International Paper and community members to ensure that the mill’s enhancements protect the region’s natural resources and economy.”

BACKGROUND INFORMATION

What is being announced?
Florida Department of Environmental Protection (DEP) Secretary Michael W. Sole signed a Final Order on Thursday adopting the Administrative Law Judge’s Recommended Order and approving a proposed permit and Consent Order for International Paper Company (IP). The permit authorizes a company-planned reconfiguration of its Pensacola Mill’s wastewater treatment and disposal system. The mill is located near the town of Cantonment in Escambia County. DEP’s Final Order specifically approves the proposed National Pollutant Discharge Elimination System (NPDES) Permit and the proposed Consent Order.

What are the environmental benefits of the new permit?
IP’s permit and accompanying consent order will result in an upgrade of its industrial wastewater treatment plant and relocation of its discharge from upper Eleven Mile Creek to a 1,400-acre wetland tract located 10 miles south of the mill. There, the mill’s effluent would be distributed and would flow into lower Eleven Mile Creek and Perdido Bay. IP’s use of the wetland tract will set the Eleven Mile Creek on a course of recovery, improve the environmental health of Perdido Bay, and set aside substantial areas of important habitat for permanent protection.

What type of permit has the facility been operating under?
IP’s pulp and paper mill has been operating under an administratively continued 1989 wastewater permit and Consent Order. The Consent Order, which accompanied the permit, required the mill to conduct water quality studies and engineering evaluations, and develop plans to achieve compliance with water quality criteria for Eleven Mile Creek and Perdido Bay. By 1995, IP – then known as Champion International – had invested millions of dollars in mill modifications toward meeting this requirement.

When did the facility apply for a proposed permit?
On April 5, 2005, DEP noticed its intent to approve the requested NPDES Permit to authorize the industrial wastewater treatment improvements, including relocation of the discharge from Elevenmile Creek to the wetland, and three other agency actions (proposed Consent Order, an order allowing the experimental use of the wetland, and waiver to allow public access to Tee and Wicker Lakes which are a part of the proposed treatment wetlands).

These actions were petitioned by the Friends of Perdido Bay and additional residents near the mill in May 2005, and an Administrative Law Judge (ALJ) within the Department of Administrative Hearings was assigned to the case. An administrative hearing on the proposed permit began on May 31, 2006, and concluded on July 28, 2006. The ALJ entered his Recommended Order on May 11, 2007, recommending DEP deny the proposed agency actions.

On August 8, 2007, DEP entered a Final Order adopting the ALJ’s recommendations.

On August 10, 2007, IP filed an appeal of DEP’s Final Order with the First District Court of Appeal. The company requested the Department grant a stay of the Final Order to allow IP’s Pensacola Mill to continue to operate while the appeal process moves forward.

On August 22, 2007, the Department entered an Order granting IP’s request for a stay of DEP’s Final Order, and placed additional requirements on IP’s discharge.

When did the facility apply for the current proposed permit?
After the 2007 Final Order, IP conducted additional studies, modified the project and re-applied for the four authorizations. In July 2008, the Department issued its Notice of Intent to issue an NPDES permit, a Consent Order, an exception for the experimental use of wetlands and a variance for the modified project. Petitioners, Jacqueline Lane, Friends of Perdido Bay, Inc., and James Lane, challenged DEP’s four proposed agency actions. Prior to final hearing, IP withdrew its request for the exception for the experimental use of wetlands and variance. After final hearing in the matter, and being bound by certain findings in the DEP’s 2007 Final Order, ALJ Canter entered an order recommending the DEP enter a Final Order granting NPDES Permit No. FL0002526 and approving Consent Order No. 08-0358 for the IP Pensacola Mill.

What are the next steps?
Any party with standing may appeal the Final Order to the First District Court of Appeal within 30 days of entry of the Final Order.

View the Final Order.

« Back

Governor and Cabinet Approve Land Deal for Nationally Recognized Historical Property

Paynes Prairie Preserve State Park

TALLAHASSEE – Governor Charlie Crist and the Florida Cabinet approved an option agreement on Tuesday between the state of Florida and the Alachua Conservation Trust, Inc. to expand recreational opportunities and conserve precious natural resources. The 500 acres located southeast of Gainesville is a critical addition to the Paynes Prairie Preserve State Park and a deal the state has been looking to strike since the early 1970s.

“With Governor Crist’s and the Cabinet member’s signatures on this agreement we finalize an important project that will help promote nature-based tourism and be a beautiful area for Floridians and visitors to enjoy,” said DEP Secretary Michael W. Sole.

“Paynes Prairie is rich in natural resources and today’s agreement will help protect important wildlife habitat and at the same time enhance recreational opportunities.” Paynes Prairie stretches out across 21,000 acres and is a natural resource of national importance. In 1971, Paynes Prairie was designated a national landmark by the U.S. Secretary of the Interior because it possesses exceptional value in illustrating U.S. heritage and is one of only 600 designations nationwide. Paynes Prairie contains more than 800 plants and a large variety of wildlife including bison, cracker horses and more than 270 species of birds.

Since a significant portion of the Paynes Prairie basin is located on this property, it is important for Floridians to possess ownership. As part of the recreational planning process a trail hub to connect Prairie Creek Preserve to the east and Gainesville-Hawthorne State Trail is being explored. Acquiring the land will protect the amount and quality of water that feeds Paynes Prairie, help conserve wildlife habitat, increase recreational activities and provide better park management.

DEP is the state’s principal environmental agency, created to protect, conserve and manage Florida’s environment and natural resources. DEP enforces federal and state environmental laws, protects Florida’s air and water quality, cleans up pollution, regulates solid waste management, promotes pollution prevention and acquires environmentally-sensitive lands for preservation. The agency also maintains a statewide system of parks, trails and aquatic preserves. For more information about the Florida Department of Environmental Protection, visit www.dep.state.fl.us.

« Back

Secretary Sole Addresses Waste Management Officials at Federal Symposium

Navy’s first ‘green’ aircraft hangars, Hangar 511

JACKSONVILLE – DEP Secretary Michael W. Sole, spoke at the Association of State and Territorial Solid Waste Management Officials (ASTSWMO) Federal Facilities Managers Symposium in Jacksonville on Wednesday addressing DEP’s partnership with the military and recent accomplishments of the division’s waste management program.

“Our partnerships with the EPA, Navy and Air Force, and more recently the Army Corps of Engineers, have been remarkably successful and have been used as a model for other states and EPA Regions,” Sole said. “Together, we can reduce our dependency on non-renewable resources, protect the security of our country, and ensure a healthy and sustainable environment for future generations.”

The gathering was intended to provide a forum on chief issues associated with federal facilities cleanup programs, address procedural and policy areas demonstrated to be challenges, highlight innovations and success stories, and train state and territorial regulatory staff on new policies and developments that affect state programs.

DEP works with the Department of Defense (DoD) to investigate and clean up any contamination that occurs on a military base in the state. Secretary Sole applauded several DoD partnerships currently undergoing redevelopment, including the achievement of ‘construction complete’ at the former Naval Air Station Cecil Field, and continued collaborative efforts with the Naval Training Center Orlando.

“DEP has been at the forefront of very successful partnerships with us which have enabled successful relationships with other states,” said Naval Facilities Engineering Command (NAVFAC) Southeast Commanding Officer Capt. Doug Morton. “We are all working together to promote sustainable practices that consider economic and natural resources, ecology, human health and safety, and quality of life.”

DoD leads by example in sustainability, green technology and recycling through driving solar-electric, low-speed vehicles, offering environmental interpretive centers for school groups and scouts, and opening one of the Navy’s first ‘green’ aircraft hangars, Hangar 511.

“We are continuously looking for new technology and ways to improve energy efficiencies to meet the President’s goal of energy independence,” said Morton. “We hold Quarterly Energy Partnership Meetings to learn about the latest in eco-friendly and energy saving technology and set a corporate goal back in 2009 of having all military construction (MILCON) projects meet LEED [Leader in Energy and Environmental Design] requirements.”

Florida’s defense economy is a vital asset and Gov. Charlie Crist remains committed to the mission with his recommendation of $10.5 million for his 2010-2011 budget for Defense Infrastructure Grants.

To learn more about DoD’s green initiatives, visit www.defense.gov/home/features/2009/0809_green/. To learn more about DEP, visit www.dep.state.fl.us.

« Back

Florida State Parks Recognize Prescribed Fire Awareness Week

controlled burn

TALLAHASSEE - In recognition of Prescribed Fire Awareness Week, March 7-13, 2010, the Department's Florida State Parks reminds citizens and visitors of the importance of prescribed fire, also known as controlled burning, in preserving, interpreting and restoring Florida’s natural resources.

“The Florida state park system’s prescribed fire program has made great strides in the last 75 years,” said Florida Park Service Director Mike Bullock. “Prescribed fire helps to restore and maintain …the Real FloridaSM that provides affordable, nature-based recreation to more than 21.4 million visitors annually.”

Created by the Florida Legislature in 1935, DEP’s Florida Park Service is charged with maintaining representative samples of the original domain of Florida for the enjoyment and use of the Florida’s citizens and visitors. The critical role that fire plays in sustaining many of the earth’s ecosystems is now widely recognized. Many of Florida’s ecosystems are fire-adapted systems that require frequent prescribed fire to maintain these natural areas in good health. Prescribed fire also protects state park neighbors from the threat of uncontrolled wildfires by reducing potential fuel for wildfires.

Of the Florida Park Service’s 160 parks, 110 require frequent prescribed fire management and encompass 260,000 of 700,000 total acres managed. Many of these areas need to be burned as frequently as every two to three years for the health of the many plants and animals dependent on fire-adapted natural areas.

Throughout 2010, DEP’s Florida State Parks will celebrate 75 years of recreation and preservation. Florida State Parks will host special activities and interpretive events from coast to coast, including 25 signature events which highlight individual parks’ histories, as well as the history of the state park system as a whole. While taking the opportunity to enjoy recreational activities at a state park notice the positive effects of the prescribed fire program underway at many of the parks.

Florida State Parks has grown from eight to 160 parks over the last 75 years. Today, the Florida Park Service manages more than 700,000 acres of Florida's natural environment, including 100 miles of beaches, eight National Historic Landmarks and 39 sites on the National Register of Historic Places. Florida State Parks has been recognized by the National Recreation and Park Association as the nation's first and only two-time Gold Medal winner for the nation's best park service.

For more information on Florida’s state parks, visit www.FloridaStateParks.org and follow Florida State Parks on Twitter at www.Twitter.com/FLStateParks.

« Back

Florida Pays Tribute to the State's Seagrasses

Seagrass

TALLAHASSEE – The Department helps protect natural resources like seagrasses which are an invaluable component of Florida’s coastal waters and are considered to be one of the most productive ecosystems in the world. The flowering underwater grasses are found in estuaries, lagoons and shallow, open shelves along Florida’s coastline.

“Seagrass habitat provides a variety of functions that contribute to a healthy and viable marine ecosystem,” said DEP Secretary. “These valuable underwater grasses are one of the many natural resources that Floridians and visitors can work together to protect and preserve now and for future generations.”

Florida is home to seven species of seagrasses. Recreational divers, snorkelers and fishing enthusiasts from around the world visit Florida’s coastal areas to experience the state’s world-class marine resources. A single acre of seagrass may support as many as 40,000 fish and more than 70 percent of Florida’s recreational and commercial fisheries depend on these underwater gardens for part of their lifespan. Healthy seagrasses protect young fish and shellfish, coral reefs and other marine wildlife, including sea turtles, manatees and wading birds and contribute to Florida’s multimillion-dollar recreational and commercial fishing industry.

Florida has 41 established aquatic preserves whose mission is to safeguard this essential marine resource. The following tips for boaters can help to protect the state’s fragile seagrass community:

  • Know the waters where you plan to boat.
  • Use current nautical charts of the area.
  • Use marked channels where they exist and stay in deep water.
  • When in doubt about the depth, slow down and idle. Make sure the bow of the boat is down and the motor is trimmed or tilted up.
  • Know the tides. The greatest range of tides occurs during a full-moon and new-moon. Use extra caution when boating on a low tide.
  • If you do run into a seagrass flat, stop immediately and tilt your engine.

To view the Governor’s proclamation for Seagrass Awareness Month, visit http://www.dep.state.fl.us/secretary/news/2010/03/files/seagrass.pdf

« Back

 

Questions/Comments | Previous Editions
© 2009 State of Florida