September/October 2023

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VOLUME 21 NUMBER 3 ◆ MARCH 2017

Florida Water Forum November2017 forecast: 1st-2nd

At A Glance

SFWMD Finalizes PFAS & Water Comsumption 5 County Water Q&A 9 Sea Level, Flood Polk Invasive Species Battle 11 SteakhousesResiliency beef up menus with Grand Hyatt Plan Jimmy Buffett 13 Tampa Bay PAGE 3

new twists on American classics

Rockville, MD - When it comes to American cuisine, there are few things more iconic than steakhouses. The slabs of marbled meat, the sizzling grills, the oozing butter, and the dripping bravado, maybe even a cowboy hat or two for ambiance—it's enough to make even fictional steakophile Ron Analysis: Swanson misty-eyed.

Catering industry Yet for all the traditional steak dinBy BREWSTER BEVIS, ners ordered daily, there are restaurants revenues on President, the rise Associated 4 nationwide pushing the concept of the all-American steakhouse to new culiIndustries of Florida nary heights, according to market re“Big Data” — policies continue to lorida’s water search firm Packaged Facts in the brand Does take your center stage in Tallahassee and new report 2017 Forecast: Culinary inrestaurant boardrooms and public meetings all Trend Tracking Series.

"The steakhouse is back and will around need our it? state. Recognizing Gover7 capture our attention in 2017. Not that nor DeSantis’ consistent and aggressive the classic restaurant style ever disapefforts to advance policies and funding to peared, but a renewal of the model is conserve and protect our water resourcRise Bisquits taking place in response to new sources es, the Florida Legislature continues to of beef and new flavorful expressions of Donuts to open make significant investments and policy the concept that get chefs and in Coral Springsto meet the critical11waterdiners excited," says David Sprinkle, reupdates designed quality and water quantity needs, includsearch director, Packaged Facts. ing historic investments in resiliency and Today's steakhouse menus increasinfrastructure in the state.

Del Taco spices ingly feature grass-fed cattle, locally The issues surrounding water and environ-raised animals, heritage varieties, meat up expansionCONTINUED in ON PAGE 3butchered and dry aged in-house, and the Southeast 13 dishes that stem from the whole animal, not just the premium cuts. And that's just the meat. Creative side dishes in lieu of old standards, global and seasonal flavors, and a wider menu selection also distinguish these new Advertisers Directory . . . . . . . 2 school operations.

Florida's water Appetizers: policy remains center stage

PAGE 10

Waters of the US Telford Spring

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Improving water quality, underwater plants, and wildlife show Lake Apopka is recovering

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Connect

Entrées: With Us

Chefs and consumers both want their meat to taste delicious and to feel good about its’ consumption, too. This new breed of steakhouse broadcasts its mission to support local ranchers, factor in sustainability and animal welfare, and create a dining experience that showcases culinary flair, not just a grill master's skill at cooking steak to the requested doneness. These operations are also designed to be more inclusive, more of a great place for all kinds of people to dine well, not just traditionminded men on expense accounts.

As a result, the modern steakhouse is increasingly similar to other modern restaurants with a focus on distinctive

and sustainable sourcing, local and seasonal produce, and global flavors and forms, all done within the steakhouse format showcasing cuts of meat as entrées with a choice of sides.

Moreover, new menu categories (such as flatbreads) and service elements freshen the concept.

About the Report 2017 Forecast: Culinary Trend Tracking Series offers an outlook on the culinary trends—the foods, dishes, ingredients and flavors—that Packaged Facts expects to grow in popularity in 2017.

See STEAKHOUSE page 11

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If your mailing label is inaccurate or incomplete, contact Calendarplease Events . . . . . .us . . .with . . . . 10 the correct information at SPECIFIER PUBLISHING LLC, P.O. Box 1857 Classified Ads. . . . . . . . . . . . . . . . . 14 Tallahassee, FL 32302, or email us at admin@floridaspecifier.com. We What’s Going On . . . .keeping . . . . . . . . . .our 3 appreciate your help with circulation database accurate.

Volume 45, Number 4

Jollibee's U.S. expansion continues with first Florida location opening

Photo courtesy St. Johns River Water Management District

Jacksonville, FL - After much anticbeen the talk of the town since 2016.

"As Jollibee debuts in Florida, we Planting of Illinois pondweed and other submerged aquatic vegetation in Lake Apopka in summer 2022. ipation and excitement, Jollibee, the With the opening, Floridians will anticipate seeing not only a multilargest Asian restaurant company, is get to try Jollibee's signature menu tude of excited Jollibee patrons waitSTAFF AND WIRE REPORTS fromasthethe surrounding land flowed the Whileon there still restoration work now open in Jacksonville. This is the items such world famous inginto to get their hands theirisJollibee ake Apopka is as making lake, fueling a continuous algal bloom that remaining, in waiting 2022, for the first time since 36th store in the US, well asa rebound. Chickenjoy.

This dish is delicately favorites, but also first-timers the first state and of past and breaded crispylicious to have their the ownDistrict’s Jollibee restoration experiWithinathe steady program shadedtothebelake’s submerged vegetation. efforts began, the Southeast US. It opened on the outside and juicylicious ence," said Jose Miñana, Jollibee present projects initiated by the St. Johns The bloom’s shading blocked the light mean annual phosphorus concentration toRiver the public on The towell-loved Foods Corporation's Water Management District, Central inside. necessary sustain the Jolly critical submerged for theGroup lake President was below the target concenMarch 18, 2017.

Spaghetti is a favorite of both kids for North America.

"There's Florida’s original tourist attraction, Lake plants and their death resulted in the tration. The targetno was derived to be the Jacksonville and kids-at-heart because greater joy for us than serving the Apopka, is coming back. collapse of sport fishing and the associated concentration necessary to sufficiently is the most of its signature sweetneeds and tastes of the Jollibee in to allow enough fish camps. clear waterfans of algae populous city in style sauce, loaded with the community. At Jollibee, we aim to It's been a long road to recovery. Hissunlight to sustain submerged vegetation, the Sunshine State, chunky slices of savory bring families together for happy torically, Lake Apopka was a world class Until recently, Lake Apopka, one of the critical habitat for sport fish. as well as home to ham, ground meat, moments over great tasting food with bass fishery that brought anglers from Florida’s largest lakes and headwaters to Floodplain farms, created in the 1940s the largest Filipinoand hotdog. Other superior value, served with warm all over the world.

In between the fish the Ocklawaha River, has been known when–aour dike was built to isolate the lake’s American community classic menu faand friendly service own brand and hotels for degraded water quality northern floodplain wetlands, posed incamps Florida.

The long-that dotted the lake’s vorites include theand decimatof joy." shoreline, farmers ed fishing.juicy However, of brand has additional awaited arrival of worked their land. It and thanks cheesy to yearsThe become apressure symbol ofon the system. Once was a in serene setting restoration efforts, Lake and Apopkanostalgia recently and warm drained and putmeminto cultivation, the area’s Jollibee the city has for anyone looking to Jolly Hotdog, childhood escape the busy life of nearby Orlando. As achieved significant milestone in itsfor manyrich soils supported theaPeach Mango Pie, ories overseas Filipinos inintense agricultural time passed, runoff filled with nutrients recovery. production.

Thego-to pumping of nutrient-rich which is made with real the U.S. To many, Jollibee is the Philippine sweet manrestaurant of Filipinos for both special CONTINUED ON PAGE 17 goes and a flaky golden See JOLLIBEE page 15 brown crust.

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Changes are Coming to stormwater management in Florida.

Opinion: Should sanitary sewer overflow enforcement change?

PAGE 6

PAGE 9

Federal Rice's Whale Vessel Restrictions Could Impact Florida

PAGE 15 Single Copy Price $10 in Florida/$15 out-of-state

Florida Specifier Changes Editors, Casts New Vision STAFF AND WIRE REPORTS

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he Florida Specifier, Florida’s Environmental Newspaper of Record since 1979, is changing editors in 2023.

The publication will focus its attention on expert analysis of regulatory policies and legal cases, and act as a resource for the Florida environmental industry to share best practices and understanding of current events.

JOHN WATERMAN, MANAGING DIRECTOR, BEST CFO'S

John Waterman, who helped purchase the newspaper in 2020, is leaving the Specifier to focus on his role of Managing Partner of Best CFOs, where he will assist companies ranging from $5 million to $75 million in revenue, helping business owners run their companies. He has been offering CFO services for companies since the mid-1990s.

Stepping in is Patrick Gillespie, who will take the reins of editorial content decision-making for the publication.

Waterman increased the Specifier’s page count 50 percent from 16 to 24 pages, broadened the number of contributing

writers, expanded the geographic coverage to include the entire southeast, and made full color the new standard over the last few years. The Specifier is now active across social media platforms. Waterman brought the publication into the digital age, creating a viable and dynamic online presence to accompany the physical paper, allowing readers to enjoy the Specifier on all their devices.

An award-winning reporter in Texas, Georgia, and Florida, his journalism career focused on reporting about the state and federal criminal justice and court systems. He has covered dozens of criminal and civil trials, written about breaking news matters, and appeared on live television to discuss high-profile cases.

sional environment community.”

Gillespie has 20 years of experience in journalism, communications, public relations, and government operations. A graduate of the University of Texas at Arlington, Gillespie spent more than 10 years as a reporter, editor, and public relations advocate.

Publisher Editor-In-Chief

PATRICK GILLESPIE Staff Writers

BLANCHE HARDY, PG Senior Correspondent

LINA ALFIERI STERN

MBA, MSRED, LEED Green Associate

He grew up in his family’s print shop and previously wrote and ran publications. He learned about the Specifier while he was working for environmental companies. Of the newspaper, he said, “it will be around for another 40 years, serving the profes-

If you would like to receive a complimentary analysis of your company’s financial health or discuss how to unlock your company’s full potential, connect with John Waterman; he can be reached at JW@BestCFOs.com or on LinkedIn linkedin.com/in/johnwaterman

SPECIFIER PUBLISHING LLC

PATRICK GILLESPIE, EDITORIN-CHIEF, FLORIDA SPECIFIER.

Patrick is a former recipient of the Society of Professional Journalists Sunshine State Award for reporting about the shooting death of Fort Myers Police Officer Andrew Widman in 2008. His coverage led to local and eventually statutory changes in Florida under the Andrew Widman Act, which provided judges additional discretion to hold or set bail for defendants if they are found to have violated probation or committed a new crime.

Following his journalism career, Patrick spent more than two years at the Florida Department of Environmental Protection, where he served as Press Secretary, established the Department’s social media policies and accounts, coordinated media responses to local, state, and national media, and organized news conferences and events. ●

Specifier Publishing purchased the newspaper in 2023 with the goal of establishing "Florida's Environmental News Source of Record," focused on news content of interest to the environmental industry. The newspaper is delivered to about 5,000 subscribers and digital and social media audiences are growing.

Have a news tip? Email patrick@floridaspecifier. com Subscribe to the Florida Specifier podcast from the podcast platform of your choice.

Contributing Writers and Columnists BREWSTER BEVIS President Associated Industries of Florida VICTORIA COLANGELO CEO The Mitigation Banking Group, Inc CAITLIN FLANNERY Senior Program Officer The Sustainable Tourist JORGE CASPARY, PG Senior Principal Montrose Environmental LAUREL LOCKETT, ESQ Partner Carlton Fields MARK THOMASSON, PE Chief Stormwater Engineer National Stormwater Trust JAY HOECKER Water Resources Bureau Chief Southwest Florida Water Management District FREDERICK ASCHAUER, JR. Attorney Lewis, Longman and Walker LEO CANNYN PMP, P.E., ENV SP Principal Project Manager Beryl Project Engineering ADAM TANK Chief Customer Officer Transcend Software STEVE BARNES Remediation Services Director REGENISIS JIM DICKSON Counsel Adams and Reese, LLP The Florida Specifier makes every effort to ensure the accuracy and validity of all editorial and advertising content.

The newspaper is independent in its views and does not support, endorse or guarantee any data, statements or opinions that appear under any reference or are attributed to or quoted from any known source. The views expressed by authors do not necessarily reflect the views of SPECIFIER PUBLISHING LLC or the Florida Specifier.

The Florida Specifier (ISSN 0740-1973), founded in 1979, is published every other month for $60 per year in-state; $80 out-of-state, by SPECIFIER PUBLISHING LLC, P.O. Box 1857, Tallahassee, FL 32302. Subscription refunds are not provided. Local tax applies.

Please inquire about free subscriptions for non-profits, schools, etc.

POSTMASTER: Send address changes to the FLORIDA SPECIFIER, P.O. Box 1857, Tallahassee, FL 32302.

CORRECTION In the June/July edition of the Florida Specifier, the article "Navigating Florida Land Use, Cover with FLUCCS Codes" was written by Victoria Colangelo, not Staff & Wire Reports. ●

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September/October 2023

© Copyright 2023 by SPECIFIER PUBLISHING LLC. All rights reserved.

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Florida Specifier

FROM WATER POLICY PAGE 1 mental policy are of critical importance to the future of Florida. Our business climate, ability to grow as a state and our quality of life are all directly tied to the availability and sustainability of our water resources and a healthy environment. These issues and more will be discussed during the 2023 Florida Water Forum, where attendees will have a unique opportunity to hear from Florida's top experts, policymakers, and elected leaders about these critical issues.

While the Governor and Legislature continue to prioritize investments, the state’s continued growth creates new challenges to allocate, conserve and protect our water resources.

Recent legislation directed state agencies to develop and update rules relating to potable reuse of reclaimed and recycled water in an effort to grow Florida’s overall water supply. The Army Corps of Engineers continues its work with the state and regional stakeholders to develop a new Lake Okeechobee Operation System Manual – setting the foundation for Everglades Restoration and water supply within the Lake Okeechobee watershed for many years to come.

New challenges and opportunities have entered the discussion as the Legislature passed a law and appropriated resources in the 2022 session creating a framework for addressing Perfluoroalkyl Substances (PFAS). In addition, through policy revisions and significant new investment, the Legislature has prioritized the need for increased resiliency in both our coastal and interior regions of the state.

ance for investment in critical Florida watersheds. In addition, the state is working on updating statewide stormwater rules, which have the potential to significantly impact the cost and manner in which new and existing permits are issued.

Without question, water will continue to be a significant topic during the 2024 Legislative Session. Does Florida continue to confront its water resource challenges with bold measures? The combination of federal and state dollars has made it easier for the Legislature to provide robust funding for critical water initiatives, will this level of investment continue? How does the Legislature marry the policy and the funding for these critical water policy initiatives? How do these initiatives influence the state, your industry and your business?

Building on previous successes, the 2023 Florida Water Forum will provide an unmatched venue to interact with policy experts and legislators on the key water and environmental policy issues that affect Florida businesses. ●

AGENDA WEDNESDAY, NOVEMBER 1 11:00 am

On-Site Registration & Check-In Opens

Lunch on your own

1:00 pm 5:30 pm 6:30 pm

General Session Meetings Reception Sponsor’s Dinner with VIP Guest(s) All others, dinner on your own

THURSDAY, NOVEMBER 2 7:30 am 8:30 am 12:00 pm

Breakfast Available General Session Meetings Adjourn

Lunch on your own

Updated recommendations from the BlueGreen Algae Taskforce provide new guid-

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September/October 2023

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Fungible Assets Offset Environmental Impact

By VICTORIA COLANGELO, CEO, The Mitigation Banking Group, Inc CAITLIN FLANNERY, Senior Program Officer, The Sustainable Tourist

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itigation credits are part of a thriving ecosystem marketplace.

These fungible assets can give return on investment and make the polluter-pay-aprinciple enshrined in climate change agreements worldwide.

This industry addresses the cross-sector interests of urban planning and natural resource management. At its core, it seeks to balance human health and biodiversity.

It allows for the planning of our built environment alongside the replenishment of our water systems and species habitat.

Conservation Economics allows private equity investments into restoring ecosystem functions. The range of regulations in Florida give opportunity for even more climate-smart advancement. Mitigation Banking offsets the pollution of development permitted by the US Army Corps of Engineers and State Agencies. It is regulated by state and federal laws, like the Endangered Species and Section 404 of the Clean Water Act. The program originated over loss of the wetland ecosystem.

It has since grown to mitigate habitat loss for endangered species and other water quality metrics, like nutrient levels.

Florida’s wetlands are also protected by the Florida Department of Environmental Protection (FDEP), which has been in charge of managing the protection of the state’s wetland ecosystems under the Environmental Resource Permit (ERP) program since 1993. Under the ERP program, any dredging, filling, or construction in or near a wetland must be approved and monitored by the FDEP. Permits allow us to minimize conflicts between users, to prevent unsuitable uses, and to coordinate projects with management activities.

Mitigation Banking is one mechanism for natural resource management in the portfolio, which includes many government-funded strategies (like the Florida Forever Ecosystem Project, in which state lawmakers spend millions on land for conservation).

Private Mitigation Banking is the only market-based mechanism that acts as a complement to government policy. The regulations for Florida land conservation are more developed than most states, positively influencing the growth of a private market.

Florida has some of the most progressive practices for water quality, with a designated state permitting system that allows the state to force mitigation of water bodies that may fall outside offederal jurisdiction.

It’s also one of the only states that evaluates ecosystems based on functionality.

This is an evolution from less robust survey methods. This growth shows that the industry can adapt to calls for even more robust data, like the inclusion of ecosystem services in decision-making.

Mitigation Banking is large-scale restoration, creating economies of scale. These economies make it more affordable and therefore feasible to restore and conserve

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Courtesy Mitigation Banking Group Inc.

wildlife corridors and connected ecosystems.

In effective restoration, it’s the management practices that matter. Regulations require that mitigation banks have a conservation easement as well as a longterm trust, which ensures a functional ecosystem for perpetuity.

The mitigation crediting system rewards restored wetlands with more credits than preserved wetlands. The sale price of credits is also generally higher. This incentivizes restoration, which isin fact seen to have a “net gain” of wetland function. Preservation has been the predominant method of mitigation from 1995 to 2020. However, restoration of ecosystems has rapidly increased over that same period. Preservation is an important part of the conservation banking framework, preserving habitat for endangered species.

Prior to its creation in 1970, policies encouraged the destruction of wetlands. Because they are a habitat for mosquitoes, they were a source of mosquito-borne illnesses. With modern medicine, this is no longer a concern. A framework for mitigation banking put a stop to this rapid ecosystem loss. This young industry shows room to grow and adapt to a modern set of coastal challenges.

ture-based solutions for climate adaptation, like constructed wetlands as a greywater recycling system.

Coordination between government climate change adaptation plans and mitigation banking can align these systems. Miami-Dade County’s Sea Level Rise Strategy calls for the expansion of greenways and blueways in urban areas.

Mitigation banking can be used as a mechanism for green urban infrastructure, and, in fact, has already been used that way in Pennsylvania and California.

Not only does it better protect the urban infrastructure, it also lasts longer than more conventional methods of coastal construction.

Mitigation Banking is a path for a landowner, passionate about stewarding the health of the environment. The “restoration economy” gives value to otherwise degraded land. It rejuvenates areas with low economic opportunity. This is an opportunity for a green return on sustainable and responsible investment. There is a big competitive advantage to getting into this market. Mitigation for other degraded ecosystems is growing with seagrass mitigation on the horizon.

Calls for companies to invest and de-risk mitigation banks as part of an “insetting” strategy is another way the market is

innovating.

New technological tools, like GIS mapping and remote sensing, allow for a landscape-based approach to mitigation.

This advancement considers the whole picture. It takes into account topography, groundwater, historical ecosystems, and human settlement. These factors are overlaid with environmental stressors, like flood-prone areas, inside of one map with many layers. These advancements can change the game in environmental management and allow for more targeted protection and mitigation strategies.

Sales of conservation easements may even return private land to government protection in the long run. We see this with the recent purchase of 38,000 acres of private timberlands by the Department of the Interior. Through a series of purchases, land originally mitigated by a timber company has now moved to public conservation.

Mitigation Banking is one of many solutions employed to move big systems on environmental management, and one of the only ones on the market side.

This industry bridges the gap between private equity, degraded land, and human development. Mitigation Banking is an incredibly useful tool to fund private land stewardship. ●

The growth of ecosystem credits allows for targeting multiple species or ecosystems within a project site. This strategy results in higher rates of ecological and ratio equivalency. The ability to have fungible assets could result in a variety of ecological offsets in one site. This addressesthe call for more robust performance standards.

Prior to granting permits for wetland loss, the government requires development to first avoid and then minimize any impacts. To help this, they supply “common best practices” for development. These common best practices could include climate-smart infrastructure, even pervious pavement, as recommendations.

With smart design, mitigation banks can serve a variety of other functions.

They can be combined with na-

September/October 2023

Florida Specifier

Rattlesnake Lake North Recreation Site Reopened STAFF & WIRE REPORTS

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he Northwest Florida Water Management District celebrated the re-opening Wednesday of a popular recreation site within the Econfina Creek Water Management Area.

Officials from the District were joined

by State Rep. Shane Abbott, Washington County Commissioner David Corbin, and the Florida Department of Environmental Protection’s Ed Smith, who is the Director of Ecosystems Projects, for a special ribbon-cutting ceremony at Rattlesnake Lake North.

The recreation site is located slightly north of State Road 20 in southern Washington County.

“The Econfina Creek Water Management Area plays a vital role in protecting Econfina Creek and the water that flows into Deer Point Lake,” said Kellie Ralston, a member of the District’s Governing Board. “While we are committed to protecting the water resources in northwest Florida, we take tremendous pride in maintaining recreational sites like Rattlesnake Lake North and providing access for the public to enjoy.”

Rattlesnake Lake North features overnight camping, hiking, boating, fishing, and more. It is one of 24 recreation sites the District maintains within the Econfina Creek WMA – and one of 13 to offer overnight camping. Overnight camping at this site is not allowed from Thanks-

Photo Courtesy NWFWMD

Dignitaries recently celebrate the reopening of the Rattlesnake Lake North recreation site.

giving Day until the first Wednesday in February because of hunting season.

“Rattlesnake Lake North is an extremely popular camping and fishing spot and we know visitors have been eager to see it reopened,” said Nick Patronis, a member

of the District’s Governing Board who represents Bay County. “We are grateful to Gov. DeSantis and the legislature for funding that allows us to keep this site open for the public to enjoy.”

All overnight camping sites on Dis-

Water Consumption in the Face of PFAS A lesson from history and a path forward?

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Given that contamination was so extensive, source identification was difficult, and remedial costs would be staggering, in 1989, the Florida Legislature adopted a reasonable approach to protect human health from ingestion of EDB. Under F.S. 373.309, the Legislature created the “Delineated Areas” program.

Under this program, persons wishing to access groundwater for consumptive uses in a delineated area of known groundwater contamination are required to test their well, implement strict well construction requirements to ensure that contaminated water will not be consumed, and receive clearance from the Water Management District prior to use. Fast forward 30 years and history repeats itself with another set of toxic substances known as “PFAS” – the “Forever Chemicals” that have become a frequent headline in the news.

Florida Specifier

FDEP, the Water Management Districts, and well drillers.

In all likelihood, this would require amendment to Chapter 62-524, F.A.C., New Potable Water Well Permitting In Delineated Areas, which was promulgated in response to the EDB crisis, but which is unwieldy and does not take advantage of the considerable advances in information technology since the mid-1990s.

By JORGE R, CASPARY, P.G., Senior Principal, Montrose Environmental LAUREL LOCKETT, Esq., Partner, Carlton Fields ack in 1983, a toxic chemical called Ethylene Dibromide (EDB) – a pesticide – was detected in drinking water wells in several areas of Florida. Statewide assessment of private wells revealed widespread EDB contamination of Florida’s aquifers – more than 427,000 acres in 38 counties were found to be contaminated with EDB.

trict-managed lands are free but require a reservation. Reservations for a campsite can be made online, go to nwfwater.com/ lands/recreation and follow the instructions. ●

Photo Courtesy Shutterstock.com

With eerie similarity to EDB, the Florida Department of Environmental Protection (FDEP) now indicates that aquifers are contaminated by PFAS over wide areas.

This new stressor to the groundwater supply adds to over-extraction and saltwater intrusion that make meeting future water demands of Florida’s growing population challenging. However, the Florida PFAS Coalition, consisting of stakeholders such as airports, seaports, cities, counties, and others and likely to be subject to regulatory action, took lessons from the past as well as other states dealing with PFAS, and recently provided recommendations to the FDEP Secretary regarding strategies to address this complex issue.

The first recommendation is to form a “PFAS Response Team” composed of the FDEP, the Florida Department of Health, and the Water Management Districts.

These agencies are critical to address the public’s risk of exposure to PFAS in an interconnected manner and to mitigate

the risk of exposure. The FDEP is the agency tasked with reducing the public’s risk of contaminant exposure, FDOH is tasked with permitted potable water well monitoring, and the Water Management Districts are tasked to issue water well permits and management of potential sources of potable water. The second set of recommendations relates to prevention of consumption of PFAS-contaminated groundwater from private potable wells.

As was done with EDB, the FDOH should implement a comprehensive, statewide private potable well testing program near suspected PFAS source zones. Second, the FDEP should notify Water Management Districts and the public of areas of known groundwater contamination as required under applicable law. Third, so that the Water Management Districts can flag potable well drilling permit requests in areas of known or suspected groundwater contamination, a streamlined and efficient mechanism must be put in place to ensure a seamless collaboration between the

September/October 2023

The Coalition also recommended that the State launch a robust GIS-based public information platform as part of a PFAS public education campaign, together with creation of focused action groups to develop further policy and practical solutions across the broad spectrum of affected parties.

A “PFAS Stewardship Program” is proposed to facilitate safe disposal of existing stocks of PFAS-containing fire-fighting foam and to train firefighters in the application of new PFAS-free foam.

In addition, a series of legislative recommendations have been made that support the policy recommendations. The policy and legislative recommendations do not depart from the same fundamental premises embraced by the Legislature thirty years ago when dealing with EDB: to define the scope of affected groundwater resources, notify the public of where groundwater is contaminated and the risk, and to protect the public from inadvertent potable consumption of contaminated groundwater. The right to access groundwater is not in question, but, as was the case with EDB, Florida residents should know the quality of water they intend to consume. ●

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Prepare for Changes

Key Highlights of the Upcoming Changes

New Regulations to Impact Stormwater Management in Florida

By MARK THOMASSON, P.E. , Chief Stormwater Engineer, National Stormwater Trust

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he engineering landscape in Florida is about to experience a significant transformation with the impending implementation of new regulations aimed at safeguarding water quality. The Clean Waterways Act, passed by the Florida Legislature in 2020, is bringing about a wave of changes in stormwater management practices, requiring developers and engineers to incorporate enhanced standards to protect the State's water resources.

The Florida Department of Environmental Protection (FDEP) and water management districts (WMDs) have been hard at work crafting updates to stormwater design and operation regulations for environmental resource permitting, as directed by the Clean Waterways Act. This comprehensive effort to develop a rule has involved collaboration, technical analysis, and careful consideration.

The latest version of the proposed rule is long and complex, including revisions to Chapter 62-330, Florida Administrative Code, and the incorporated Applicants Handbook I, effective statewide, and the respective Applicant’s Handbook II for each WMD. Most of the rule remains unchanged. However, significant changes are proposed that will affect the design,

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1

Increased Treatment Standards: The proposed rule sets out to elevate treatment requirements across the board. Notably, the practice of BMP presumptive treatment will be discontinued. All new developments will need to meet specific performance criteria, including significant reductions in post-development total nitrogen and total phosphorus loads.

This shift towards higher treatment standards aims to minimize nutrient pollution in water bodies and contribute to overall water quality improvement.

2

Expanded Compensatory and Off-Site Treatment Criteria: The new regulations broaden the criteria for compensatory and off-site treatment, allowing for greater flexibility in meeting the required treatment levels.

The "last resort" and "less than 10%" limitations from current rule are eliminated, allowing projects to utilize diverse combinations of on-site and off-site treatment strategies to achieve compliance.

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Enhanced Monitoring and Reporting: The forthcoming regulations come with an increased focus on monitoring, inspection, and reporting for all stormwater treatment facilities. This heightened scrutiny aims to ensure that facilities are operating as intended and, for new facilities, that their performance aligns with the new requirements.

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Training and Certification: The new rule introduces provisions for inspector training and certification. A structured inspection checklist will facilitate consistent assessments of stormwater facilities. This step is geared towards maintaining a high level of compliance and performance across the board.

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Documentation Requirements: The regulations demand more comprehensive documentation, including as-built plans, operation and maintenance plans, cost estimates, and financial capability assessments for transitioning to the operation and maintenance phase. These requirements are designed to enhance transparency and accountability in the management of stormwater facilities.

construction, and operation of stormwater treatment facilities.

Implications for the Engineering Community The rule's comprehensive nature means that adjustments will be necessary in the design, construction, and operation of stormwater treatment facilities. This could result in increased facility sizes, up to two to three times larger utilizing conventional designs, posing challenges for development in many locations.

As a response to this, forward-looking developers and design professionals already are incorporating innovative solutions such as off-site treatment strategies and advanced treatment technologies, like Smart Ponds.

In conclusion, Florida's commitment to water quality is ushering in a new era of stormwater management regulations, and the Florida Legislature's ratification of the new rule is anticipated during the 2024 legislative session. With the rule likely becoming effective on July 1, 2024, the engineering community is advised to stay updated on these changes and explore innovative approaches that align with the new stormwater management rules. In doing so, we contribute to the protection of Florida's invaluable surface and groundwater ecosystems. ●

September/October 2023

Florida Specifier

Weeki Wachee Channel Restoration Project Underway

STAFF & WIRE REPORTS

The Southwest Florida Water Management District completed assessment of accumulated sediments in the Weeki Wachee River and determined sediment removal will benefit the river. The District plans to re-establish historic river depths restoring original natural habitat parameters. The river will remain navigable during the project.

SWFWMD secured the services of Sea & Shoreline, LLC to undertake the river’s restoration. Dredging has begun.

Hand-dredging is being used to remove sediment, including divers vacuuming sediment using a flexible suction hose. The project is expected to take about a year to complete. Control measures are included to protect manatees and manage turbidity.

Courtesy UF/IFAS

Giant African Land Snail Quarantine Enacted in Broward County The Florida Department of Agriculture and Consumer Services’ Division of Plant Industry has established a quarantine and treatment area in specific areas of Broward County in response to the detection of giant African land snails. The quarantine renders it unlawful to move a giant African land snail or a regulated article, including, but not limited to, plants, plant parts, plants in soil, soil, yard waste, debris, compost or building materials, within, through or from the defined quarantine area without a compliance agreement.

All publicly available information on giant African land snails and the current quarantine can be found at FDACS.gov/ GALS. According to the Department, the giant African land snail is one of the most damaging snails in the world, consuming at least 500 different types of plants.

These snails can be devastating to Florida agriculture and natural areas as they cause extensive damage to tropical and subtropical environments.

The snails also pose a serious health threat to humans. They carry parasite rat lungworm, known to cause meningitis in humans. ●

Sedimentation of the river is identified as a priority issues in the Weeki Wachee River Surface Water Improvement and Management (SWIM) Plan. Hernando County, Florida Fish and Wildlife Conservation Commission and the Florida Department of Environmental Protection are coordinating with the District in the restoration effort. ●

The researchers demonstrated that prompting honey bees’ cells to produce free radicals helped the bees weather a host of viruses. The treatment greatly reduced, and in some cases, nearly eliminated virus activity in full scale field studies.

“This approach is especially exciting because it doesn’t just target a specific type of virus but helps with many different viruses,” said Daniel Swale, senior author of the study. Swale is the associate director for training and special projects in the UF Emerging Pathogens Institute and associate professor in the UF/IFAS entomology and nematology department.

In the experiment, the researchers used a compound called pinacidil to alter potassium ion channels, a protein found in the cells of bees and most living things.

Altering these channels produced slightly more free radicals. While free radicals may be damaging, the study found they can be therapeutic in moderate amounts in this case.

“One of the big take-aways from this study is that potassium ion channels can be a target for improving immune system function in honey bees and possibly other insects. “We would like to find a molecule, such as a peptide, or a new technology that has the same effect as pinacidil but is more accessible to beekeepers,” Swale said. ●

St. Johns County Reduces Water and Wastewater Customer Usage Rates by 3 Percent

Photo Courtesy UF/IFAS

UF/IFAS Highlight an Immuneboosting Therapy to Help Honey bees Resist Deadly Viruses A research team including entomologists with the University of Florida, the Agricultural Research Service-USDA, Louisiana State University, and the University of Nebraska-Lincoln, have successfully tested a novel way of boosting honey bees’ immune systems to help them fend off deadly viruses that have contributed to the major losses of the critical pollinator globally.

The St. Johns County Board of County Commissioners have approved a resolution reducing customer usage rates for water and wastewater provided by the St. Johns County Utility Department (SJCUD) by 3 percent. SJCUD is a non-profit utility serving 54,000 water accounts and 45,000 wastewater accounts.

Roughly 90 percent of the utility’s water customers may see a decrease in their monthly bill.

"We are so happy to be able to offer this usage rate reduction to our customers," St. Johns County Utility Director Colin Groff said. "We have experienced substantial growth, an increased customer base, and have recognized the economies of scale for a more efficient cost of operations, so we have this wonderful opportunity to lower our usage rates.” ●

Photo Courtesy FDEP Dead River Swallet, a geological features of the Jennings Bluff Tract

Florida DEP Designates Jennings Bluff Tract Park as State Geological Site The Florida Department of Environmental Protection, joined by the Suwannee River Water Management District, announced the dedication of the District’s Jennings Bluff Tract on the Alapaha River in Hamilton County as the newest State Geological Site. The Florida Geological Survey designates an area as a state site once it is determined to be significant to the scientific study and public understanding of Florida's geological history.

The Jennings Bluff Tract was chosen for this designation in part because of its hydrogeology. According to the Geological Survey, water flowing into the Dead River swallet enters the Upper Floridan aquifer and travels south for approximately 10 miles before discharging through both Holton Creek Rise and the Alapaha River Rise in a matter of days. The area is characterized by numerous karst features and silicified oyster beds and other fossils can be found in the limestone walls exposed along the Dead and Alapaha rivers.

“The educational value of this area cannot be overstated,” said Florida State Geologist and Florida Geological Survey Director Guy “Harley” Means. “There is no better place for teaching visitors how surface and groundwater systems are interconnected.”

The Jennings Bluff Tract is adjacent to the historic cemetery at Jennings Bluff. Prehistoric Native Americans Stone tools have also been found in the area reflecting the site’s significance in human history and demonstrating geoheritage value, another criterion for site designation. Be advised, collecting fossils or artifacts from district-owned land is prohibited. ●

Pinellas County Utilities and Clearwater Announce Fall Water Treatment Process Changes The method of water treatment used by Pinellas County Utilities and the City of Clearwater was temporarily modified early this summer. The utility executed a short-term change from chloramines to chlorine disinfection as a routine maintenance measure designed to maintain system integrity. A second temporary change will take place Sept. 25 to Oct. 14.

Pinellas County Utilities water customers and customers in Clearwater, Pinellas Park and Safety Harbor will benefit from these temporary maintenance measures.

The altered disinfection program is designed to maintain distribution system water quality and minimize the potential

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September/October 2023

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plays in Louisiana and the Northeastern U.S. and has generated over $3.5 billion in proceeds from its Eagle Ford departure.

The transaction is expected to close this year, making SilverBow the largest public pure-play producer in the Eagle Ford shale. ●

LOUISIANA

STAFF & WIRE REPORTS TEXAS Exxon Mobil Relocates Headquarters to Houston Exxon Mobil has officially relocated its corporate headquarters from Dallas to its campus outside Houston, making it the region’s largest company by revenue. The move solidifies Houston’s status as the nation’s energy capital and helps Exxon adjust to a changing market. The company plans to invest in lower-carbon solutions and combine its chemical and refining businesses. The Spring campus, where the headquarters is now located, was built to house 10,000 employees, although about 8,000 work there now. The headquarters move brings about 250 employees to Houston. ●

$4.9 Billion Acquisition by Exxon Mobile Expands its Carbon Capture Capabilities in the Gulf Exxon Mobil is set to acquire Denbury, an oil and gas company specializing in carbon dioxide transportation, in a $4.9 billion deal, a significant milestone for the emerging carbon capture industry. The acquisition includes Denbury’s network of carbon dioxide pipelines and storage facilities along the Gulf Coast, valued at $2.8 billion. Carbon capture and storage, the process of removing carbon dioxide from the air and storing it underground, is considered crucial by many in the fight against climate change. This deal positions Exxon as a global leader in carbon capture and solidifies its position in the industry. ●

Merger Expands Pipeline Operator Energy Transfer Energy Transfer, a Dallas-based pipeline operator, is acquiring Houston-based Crestwood Equity Partners in a $7.1 billion all-stock deal. The acquisition will give Energy Transfer a stronger presence in various basins, including the Williston basin in North and South Dakota, the Delaware basin in West Texas and New Mexico, and the Powder River basin in Montana and Wyoming. The transaction is expected to close in the fourth quarter, pending approval from Crestwood’s board and regulators. ●

SilverBow Resources Acquires Eagle Ford Shale Assets Chesapeake Energy, an energy giant based in Oklahoma, has announced its exit from the Eagle Ford shale region by selling its remaining assets there to Houston-based exploration and production company SilverBow Resources. The deal, valued between $700 million to $750 million, includes land, equipment, and wells. Chesapeake has been focusing on other shale

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DOE Funding to Create Direct Air Capture Hub in Calcasieu Parish Louisiana is set to receive up to $603 million in Department of Energy grant funding to create a direct air capture hub.

The hub, called Project Cypress, aims to pull over 1 million tons of carbon dioxide from the atmosphere annually and store it underground. Battelle, a research and development organization, will be the project owner, partnering with Climeworks Corp. and Heirloom Carbon Technologies Inc. for the sequestration technology. Gulf Coast Sequestration will handle transportation and burial of the captured carbon dioxide. The project is expected to generate about 2,300 jobs, with 100 being permanent positions. The funding is part of the Infrastructure Investment and Jobs Act. ●

First Solar to Build Solar Panels Manufacturing Plant in Iberia Parish Solar panel company First Solar plans to build a $1.1 billion manufacturing plant in Iberia Parish, Louisiana. The facility will produce solar panels using all American-made components. First Solar expects to create more than 700 new jobs with an annual payroll of at least $40 million. The project is considered the largest single capital investment in the area’s history. The company will receive incentives, including $30 million worth of performance-based grants, from the state of Louisiana to secure the project. ●

New Orleans to Baton Rouge Train Service Initiative Funded Governor John Bel Edwards announced the funding of a train project from New Orleans to Baton Rouge after unexpectedly receiving $20.5 million from the federal government. The money was originally part of a settlement related to misspent grant funds for hurricane victims. The state plans to allocate the funds towards the long-planned passenger rail line, which could potentially aid in evacuations during storms. Some lawmakers have expressed opposition, suggesting that the funds should be used for projects benefiting hurricane-prone areas or improving evacuations. The state is seeking a federal grant of $200 million, along with $50 million in matching funds, to cover the entire cost of the project. The train service is expected to begin in 2025. ●

Louisiana Board of Commerce and Industry Approves Tax Breaks for Industrial Projects The Louisiana State Board of Commerce and Industry has approved property tax breaks for three industrial projects aimed at reducing the state’s carbon footprint.

St. Charles Clean Fuels, a “blue” ammonia plant, and SunGas Renewables’ “green” methanol plant have received tax breaks

under the Industrial Tax Exemption Program. Another project by Element 25, an Australian mining company, has also been granted a tax break for its proposed electric vehicle battery material plant.

These projects are in various stages of development and are expected to contribute to the state’s efforts in sustainable manufacturing. Additionally, the Chalmette Refining facility in St. Bernard Parish has been granted a Quality Jobs break for its expansion plans. ●

MISSISSIPPI MSU Awarded NSF Grant to Study Plant/Nitrogen Interactions Mississippi State University researchers have been awarded a $1.6 million grant from the National Science Foundation to study how plants access nitrogen in changing environments. Led by Ryan A. Folk, an assistant professor in the Department of Biological Sciences, the team will focus on nitrogen-fixing symbiosis, a relationship between bacteria and plants that enables plants to obtain nitrogen from the atmosphere. The team will collaborate with researchers from the University of Florida, Louisiana State University, and the University of Wisconsin-Madison. This study will contribute to a better understanding of plant-microbe interactions in natural ecosystems and their relevance to agriculture in the face of a changing climate. ●

ALABAMA City of Birmingham joins Birmingham Water Works in Suing for PFAS Contamination The city of Birmingham has filed a lawsuit against more than two dozen chemical manufacturers in South Carolina federal court. They are accused of contaminating drinking water with toxic manufactured chemicals as PFAS. The lawsuit claims that the defendants are responsible for the contamination due to the sale of Aqueous Film-Forming Foam containing PFAS, which was used by firefighters and military personnel. The city is seeking compensation for the costs of removing PFAS from the environment. The Birmingham Water Works has also filed a similar lawsuit against the same chemical companies.

Water works officials have stated that current water treatments have eliminated the threat from contamination. ●

Go Online for More Information from Around The Gulf

Mississippi Commercial Fisheries United Partners with Mississippi State on Life Vest Research Mississippi State University is conducting research on life vests for commercial fishermen to address the high number of fatalities in the industry. The project, in collaboration with Mississippi Commercial Fisheries United, aims to develop more accessible and comfortable life jackets.

Researchers are examining the mobility and postural support of the jackets by using scientifically engineered materials and advanced fabrics. They are also exploring the integration of technologies such as photovoltaic cells for charging devices and Bluetooth tracking for locating fishermen who fall overboard. The ultimate goal is to enhance safety and reduce fatalities in the commercial fishing industry. ●

Jackson Wastewater System Joins Drinking Water System in Third-Party Receivership U.S. District Judge Henry Wingate of Mississippi approved a plan to address the aging and broken infrastructure in Jackson, Mississippi. JXN Water principal Ted Henifin, who is already overseeing the rehabilitation of the city’s drinking water system, will also take charge of fixing the wastewater system, which has been causing issues for residents and the local ecosystem. The estimated cost for fixing both systems is around $1 billion each. The agreement, stemming from a 2013 consent decree with the Environmental Protection Agency, puts the sewer system under Henifin’s control for four years. One of the main challenges will be securing funding for the sewer system, with approximately $140 million currently available. Henifin emphasized the importance of consistent revenue from water bills, as the city’s collection rate is only at 56 percent. ●

September/October 2023

Mobile to Add Recycling Site and Conduct Study on Providing Curbside Services The City of Mobile has received a $340,000 grant from the Alabama Department of Environmental Management to improve recycling opportunities for its residents.

The grant will be used to establish a third recycling drop-off site, enhance recycling education, and conduct a feasibility study for additional recycling services in Mobile County. The city aims to determine the best location for the new site based on zip code data and collaborate with other cities in the county to expand recycling efforts. The grant also includes provisions for education on recycling services and exploring options like curbside recycling.

At present, Mobile residents can use three public recycling sites, including two cityrun drop-off sites and a county recycling center. Private recycling services and other facilities are also available. The city plans to bring curbside recycling to Mobile, but the feasibility study will assess the associated costs, potentially requiring residents to pay for the service. The grant will be received on October 1, and the timeline for opening the third drop-off site is yet to be determined. ●

Florida Specifier

PERSPECTIVES

Polk Regional Water Cooperative - Your Questions Answered

By JAY HOECKER, Water Resources Bureau Chief, SWFWMD

A

s Polk County has continued to grow, increasing water withdrawals from the Upper Floridan aquifer have put a strain on the county’s lakes, wetlands and natural systems.

Now, two major projects are underway that will provide a sustainable water supply for Polk County’s future. Southwest Florida Water Management District (District) Water Resources Bureau Chief Jay Hoecker explains how the District is working with the Polk Regional Water Cooperative (PRWC) to create these critical alternative water supplies.

Q: A:

Why is water supply a challenge in Polk County?

Polk County lies wholly within the Central Florida Water Initiative (CFWI) and the majority of the county also lies within the District’s

Southern Water Use Caution Area, where groundwater withdrawals havecaused adverse impacts to lakes, wetlands and natural systems. The District identified that Polk County was reaching sustainable limits of traditional groundwater supplies through the 2015 CFWI Regional Water Supply Plan and would need to begin developing alternative water supplies.

Q: A:

What is the Polk Regional Water Cooperative?

The PRWC was formed in 2016 and is a non-profit, special district of the State of Florida created to plan, develop, and deliver a future high-quality drinking water supply. The PRWC was created by an interlocal agreement among member governments and is a regional utility funded by contributions from the member governments and state grants.

The 16 member governments have equal voting rights and have the option to share the cost of developing new alternative water supplies. Policies are established by a 16-member board of directors that includes one representative from Polk County and one representative from each of the 15 member cities.

Is it time to revisit the enforcement of sanitary sewer overflows?

By FREDERICK ASCHAUER, JR., Attorney, Lewis Longman and Walker

I

n late summer of 2015, Southwest Florida experienced a significant rain event unassociated with any tropical storm or hurricane. This rain event seemed to linger over the area for days and resulted in several utilities experiencing sanitary sewer overflows (SSO), which is when sanitary sewers release raw sewage.

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At the time, I was Director of the Division of Water Resource Management at the Florida Department of Environmental Protection (Department). Along with Mary Yeargan, the then-Director of the Department’s Southwest District Office, we convened a meeting of the region’s utilities to address the issue. Thus began a concerted effort by the Department to deal with SSOs, an effort that remains very much a focus of the Department today.

To be clear, SSOs can be a significant events. They also occur fairly often. For instance, according to the U.S. EPA’s website, there are 23,300 to 75,000 sanitary sewer overflows (SSO) per year. When the discharge is significant and it reaches local surface waters, the conditions are

Q: A:

What projects are underway to provide a future water supply?

There are two Lower Floridan aquifer wellfield projects now underway: the Southeast Wellfield and Water Treatment Facility and the West Polk Wellfield and Water Treatment Facility. Both projects will utilize the brackish, Lower Floridan aquifer (LFA) in Polk County as a water supply and after treatment via reverse osmosis technology.

These alternative water supply projects will eventually provide 22.5 million gallons per day of high-quality drinking water to participating member governments.

A Southeast Regional Transmission System is also underway to interconnect and deliver the alternative water supplies to participating municipalities.

Q: A:

How are the projects being funded?

revolving fund loans and a federal Water Infrastructure Finance and Innovation Act (WIFIA) loan in the amount of $305 million to help finance the projects and give members time to generate future revenue for repayment of the project loans.

Q: A:

What role does the District have in these projects?

Aside from being a significant funding partner, the District’s Governing Board adopted a unique resolution in 2015 that would incentivize the formation of a regional entity to develop alternative water supplies in a safe and sustainable way. The District also provides technical review and support on the projects. Together, the PRWC and the District are taking a regional approach to meetinzg the water supply deficit and ensuring a sustainable water supply for the future.

The District is the project’s largest funding grant partner, having prioritized $296 million for these projects so far. In addition to the District’s funding commitment, the District has also been successful in securing almost $22 million in federal and state funding grants for these regional projects. The PRWC also has secured low-interest state

Q: A:

ripe for water quality impacts, even exceedances of water quality standards. But what about when the discharge is of an insignificant volume and never reaches a surface water body?

(EPA).”

As far as potential liability for a discharge without a permit, “[t]o establish liability for an unpermitted discharge under the CWA, [the EPA] must show that [the discharging utility] discharged a pollutant to navigable waters from a point source without permit authorization.” In addition to the foregoing, permit holders (e.g., utilities) in the State of Florida have additional requirements related to their system placed upon them by rule.

Should the State of Florida take enforcement against utilities when they experience an SSO that results in a minimal discharge to the ground? What if the utility addresses the discharge immediately, expeditiously cleaning up the discharge? What if it wasn’t the utility’s fault, but a contractor digging on a jobsite or a vehicle crashing into the utility’s infrastructure?

The elimination of discharges of pollutants into the navigable waters was established as a goal of the Clean Water Act in 1972. As it pertains to SSOs, the basic framework of the Clean Water Act is fairly well-established. “The Clean Water Act forbids the ‘addition’ of any pollutant from a ‘point source’ to ‘navigable waters’ without the appropriate permit from the Environmental Protection Agency

September/October 2023

How can I learn more about these projects?

You can learn more about the Southeast Wellfield and Water Supply Facility and the West Polk Wellfield and Water Supply Facility by visiting prwcwater.org/projects. ●

I am not intending to raise legal arguments here. As a practicing attorney I’ll save that for later. I am of the opinion, however, that we should reconsider enforcement against utilities when the discharge does not reach a waterbody. I am not suggesting that utilities shouldn’t have to report such discharges. Indeed, discharges to the ground can be indicative of other issues (e.g., improper maintenance), just like discharges to surface waters. ●

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Sea Level and Flood Plan Finalized

By BLANCHE HARDY, PG

T

he South Florida Water Management District (SFWMD) has finalized its 2023 District Sea Level Rise and Flood Resiliency Plan. The report contains informative maps and tables that allow quick access to local data.

This summer, the District incorporated public comments into its final plan, crafted to actively address the impacts of rising sea levels, extreme weather events, and changing rainfall and flood patterns within the region.

The plan is used to update its priority projects for the Department of Environmental Protection’s Statewide Flooding and Sea level Rise Resilience Plan, which is submitted to the Governor and Legislature annually by Sept. 1.

The plan includes regional resiliency projects and outlines the District’s approach to the challenges posed by a changing climate on water resources including water supply. SFWMD is committed to addressing the impacts of land development and population growth combined with climate change influences affecting the District’s nine million residents in 16 counties in the southern half of the state of Florida.

The report will assist the District in updating and enhancing water management infrastructure throughout the Central & South Florida Flood Control System and in the Big Cypress Basin. The proposed projects are based upon a decade of vulnerability assessments.

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Photo Courtesy SFWMD

The District uses tools, such as the integrated modeling efforts within the Flood Protection Level of Service (FPLOS) Program to aid in understanding risk as flood vulnerability. The process identifies cost-effective implementation strategies to assure each basin can maintain its designated flood protection level of service under current and projected conditions. The District also evaluates climate change and sea level rise when considering infrastructure projects to be included in its Capital Improvement Plan.

In addition to projects within the C&SF System and Big Cypress Basin flood control infrastructure, proposed project recommendations include basin-wide flood adaptation strategies based upon other FPLOS recommendations and water supply and water resources protection efforts.

The District has added a “self-preservation mode” function for water control structures, including enhancements to the C-9 canal, construction of the South MiamiDade Curtain Wall, L31E Levee improvements, and the J.W. Corbett Wildlife Management Area Hydrologic Restoration and Levee Resiliency project. Each will help manage flood control and assist in protecting water supply and the environment.

Coastal mangroves are included in the plan as part of the Everglades Mangrove Migration Assessment Pilot Study. The pilot study hopes to capture the adaptive foundational resilience of the coastal wetlands to assess the ability of the wetlands to adapt to rising sea levels via enhanced soil elevation change.

The Plan includes an updated version of the multicriteria ranking system developed to support the assessment of vulnerable areas in South Florida. This ranking

September/October 2023

approach helps identify the most critical infrastructure and vulnerable areas while considering basin-wide resiliency needs.

Recommendations to incorporate sustainable energy sources and to utilize the most efficient designs whether infrastructure or nature-based are also included within the projects.

Project cost estimates are included in the Plan and the District is seeking funding alternatives at the State and Federal levels to help fund implementation of project recommendations. The Plan’s projects are intended to benefit South Florida’s communities and environment. State, tribal, private, and local governments were included in the planning process and consideration is given to the needs of socially vulnerable communities and protected environmental areas. ●

Florida Specifier

SWFWMD Using a Moth to Battle Invasive Old World Climbing Fern

A Brown Lygodium moth.

By BLANCHE HARDY, PG

T

he Southwest Florida Water Management District, U.S. Department of Agriculture, and a leaf eating moth are fighting back against the threat of the highly invasive Old World climbing fern, Lygodium microphyllum, to prevent the climbing fern from infesting the 560,000acre Green Swamp.

Neomusotima conspurcatalisis (Brown Lygodium moth) is a natural enemy of the Old World climbing fern and was selected for use because it can only eat the targeted climbing fern as its primary source of nutrition. The District is employing the moth in the Flatford Swamp in Manatee County.

The USDA and the District are also releasing two bio-control organisms that co-evolved with the climbing fern into the Green Swamp East Hampton Tract in Polk County. In this exercise, 600,000 Lygodium mites and 50,000 Lygodium moth caterpillars have been deployed.

The Old World climbing fern is a recently established invasive vine currently spreading northward from south Florida.

The climbing fern is native to Africa, Asia, and Australia. The invasive species was first recorded in the late 1950s in south Florida. The climbing fern develops dense mats that engulf and eventually kill trees,

Photo Courtesy R. Pemberton - USDA-ARS

shrubs and plants, resulting in degraded wildlife habitats. The Old World climbing fern can grow vertically into the tree canopy, reaching heights in excess of 60 feet. The vines can grow up to 90 feet long.

The invasive species has been detected and treated as far north as Hernando, Lake, and Sumter counties. A single fertile leaf can produce 28,600 spores.

Once airborne, each spore is capable of producing a new population of the vine several miles away. Between 1993 and 2005, the District reports the fern’s infestation increased from 27,000 acres to 122,787 acres in Florida.

The Old World climbing fern is flammable and poses a fire threat through its blanket-like structure’s ability to convey fire well into wetland and swamp areas that typically provide a barrier to controlled burns and wildfires. Because the climbing fern grows into the treetops, fire can impact the entire span of the tree potentially resulting in the death of otherwise fire-tolerant trees.

“If we allow Old World climbing fern to become firmly established, it will be very difficult to control due to the size and remote nature of the Green Swamp,” said Brian Nelson, District aquatic plant manager. “It’s going to take an ongoing coop-

Old World climbing fern in south Florida.

erative effort to treat infestations on both public and private lands because the vine’s reproductive spores can become airborne and travel across property lines.”

The District conducts ground and aerial surveys and communicates with landowners and community groups for the early detection and treatment of new infestations of Old World climbing fern. Spraying climbing ferns with herbicides, monitoring, and respraying is currently the best

Jimmy Buffett: Singer, T Songwriter & Everglades Advocate

STAFF & WIRE REPORTS he Everglades Foundation Board and Staff in September extended its heartfelt sympathy on the passing of its beloved Board member, Jimmy Buffett. Buffett, 76, died Sept. 2 surrounded by family and friends.

In addition to his well-known singing, songwriting and business endeavors, Jimmy was passionate about the Everglades and Florida’s magnificent waterways.

Since joining the Foundation’s Board in 2005, Jimmy contributed immeasurably to the mission to restore and protect America’s Everglades. In addition to contributing to Florida Bay Forever, the book marking the Foundation’s 20th anniversary, Jimmy and his daughter, Savannah, have shared their time and love for Florida’s waters by incorporating the importance of our mission in music.

Photo Courtesy The Everglades Foundation

Jimmy Buffett performing at the 25th Anniversary of The Everglades Foundation, 2018.

Florida Specifier

Photo Courtesy Peggy Grebb - USDA-ARS

method to eradicate them.

Landowners and residents can join in the fight by learning to identify Old World climbing fern, which can be easily confused with the more common Japanese climbing fern. Infestations of Old World climbing fern in the Green Swamp area should be reported to District Aquatic Plant Manager Brian Nelson at 1-800-4231476, ext. 4537, or Rosalind Rowe with The Nature Conservancy at (941) 3204363. ● adoration for the Everglades and Florida’s way of life will remain unmatched. The Foundation committed to continuing to focus on restoring the flow of clean freshwater through the Everglades and into Florida Bay as Jimmy so deeply valued.

On Sept. 7, Florida Governor Ron DeSantis ordered flags at half-staff at the state Capitol, and in Key West in honor of Buffett.

“To commemorate his life and legacy, I hereby direct the flags of the United States and the State of Florida to be flown at halfstaff at the Monroe County Courthouse in Key West, Florida, City of Key West City Hall, and at the State Capitol in Tallahassee, Florida, from 5:00 PM today (Sept. 7) to 5:00 PM on Friday (Sept. 8)…because it’s always five o’clock somewhere,” the proclamation read.

Buffett was an inductee of the Florida Artists Hall of Fame. ●

Jimmy Buffett has left an indelible mark on The Everglades Foundation. His talent and

September/October 2023

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FROM FL NOTES ON PAGE 7

supports:

for future problems. The taste and/or odor of the water may be different during the temporary change in treatment, but the water will continue to meet federal and state standards for safe drinking water.

The utility advises that water customers undergoing dialysis should not be impacted but should contact their dialysis care provider for chlorine treatment information. Fish owners should not be affected if a system already is in place to remove chloramines but should contact local pet suppliers. ●

their drinking water from Tampa Bay Water through wholesale supply to Hillsborough, Pasco, and Pinellas counties and the cities of New Port Richey, St. Petersburg, and Tampa.

“Over the last quarter century, Tampa Bay Water has done what it was created to do: end water wars, restore the environment, and eliminate the costly legal battles that once plagued our member governments,” said Chuck Carden, General Manager of Tampa Bay Water. ●

Orange County Utilities Recognized for Educating Residents on Recycling

Tampa Bay Team Reminds Residents July is “Plastic Free” Ecochallenge Time Plastic Free Ecochallenge is an international month-long effort to encourage a shift away from single-use plastic dependency and create a more sustainable society.

The Reduce Your Use Tampa Bay Ecochallenge team includes Hillsborough County, Pinellas County, City of Tampa, City of St. Petersburg, Keep Tampa Bay Beautiful, and Keep Pinellas Beautiful.

Individuals interested in joining the annual Ecochallange event can visit the Ecochallenge page to sign on to a team.

Once registered, participants complete waste-reduction activities to earn individual and team points. The site has numerous actions to choose from or a participant can create their own custom action.

The three Reduce Your Use Tampa Bay team members from Hillsborough or Pinellas counties with the most points will be awarded eco-friendly items provided by the campaign.

Some of the suggested actions to earn points include recycling, minimizing the use of plastic bags, using refillable rather than disposable plastic water bottles, and cooking meals without using items contained in single use plastic. ●

The Solid Waste Association of North America (SWANA) has awarded a 2023 Communication, Education, and Marketing (CEM) Technical Division Award for Outstanding Awareness Campaign for Orange County’s recycling quality improvement program (RQIP).

“We’re honored to receive this recognition,” said Ed Torres, Director, Orange County Utilities. “The credit goes to our dedicated team, which has reached out to more than 190,000 households with direct feedback on the best recycling practices and reducing recycling contamination in targeted areas.”

The county’s RQIP encourages residents to change their recycling behavior by using four-week periods of tagging. The County employs a variety of tools to encourage residents to recycle including informational mailers, personalized feedback via cart tags, and termination of collection of contaminated carts after one warning.

Data is gathered with a smartphone app and analyzed to increase the effectiveness of the program. Messages are tailored to address the most common contaminants.

Prior to the outreach campaign, only 4 out of 10 carts contain clean recyclables.

RQIP has increased recycling efficiency to 7 clean carts out of 10, achieving a 13 percent reduction in contamination by weight. Overall contamination was reduced in 47 percent of carts in the tagged

Tampa Bay Water Celebrates 25 Years of Innovative Regional Drinking Water Solutions Twenty-five years ago, six local governments created a bond providing a regional solution to water supply. The action represented a paradigm shift from, “parochialism to regionalism,” ending the region’s water wars.

Supported by the Florida legislature, the local governments united to form Tampa Bay Water. Tampa Bay Water subsequently added both river water and desalinated seawater alternative supplies, cutting groundwater dependence in half and reversing the environmental toll of years of over consumption of groundwater resources.

More than 2.5 million residents receive

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September/October 2023

Palm Beach County Water Utilities Department Annual Water Quality Report Now Available The Palm Beach County Water Utilities Department recently published its Annual Water Quality Report. The report includes summarized easy-to-read charts designed to help customers understand the data behind the water and explains where the utility’s drinking water comes from and how it is treated.

Florida Specifier

The Utilities Department provides 60 million gallons per day of potable water to over 600,000 residents within 1,300 square miles of Palm Beach County. The utility conducted more than 80,000 tests on samples from hydrants, commercial buildings, and taps in 2022 to ensure the drinking water supply meets and exceeds Federal and State water quality standards throughout the distribution system.

The water quality report is available at pbcwater.com/waterquality or a printed copy may be requested by calling (561) 493-6066. ●

Gainesville Regional Utilities Receives National Recognition Gainesville Regional Utilities (GRU) has placed first in its population category in the National Mayor’s Challenge for Water Conservation. The Mayor’s Challenge is an annual competition held across the U.S. to raise awareness about water conservation and encourage citizens’ participation in becoming “water-wise.”

Manatee County Water Main Back Online

Manatee County has completed the initial work to reestablish water service to Anna Maria Island through the main now back in service across the Manatee Avenue bridge. One thousand feet of a 16-inch ductile iron pipe fell from hangers under the bridge to the bottom of the Anna Maria Sound.

Manatee County Utilities staff and local contractors coordinated to keep construction delays to a minimum while providing maximum access to motorists.

Crews will be in the area removing the old pipe from the water.

Details of that work have yet to be finalized. Residents and visitors will be notified of any road closures or traffic impacts associated with those activities. ●

To take part in the competition, citizens pledge to reduce their energy and water waste and consumption. The city in each population category with the greatest percentage of its population taking the pledge wins in that category. Miramar, Florida also placed in the category.

The contest is held by The Wyland Foundation, a 501(c)(3) non-profit organization dedicated to promoting, protecting, and preserving the world’s oceans, waterways, and marine life through educational programs, public art projects, and community events.

Residents from across the country pledged to conserve 1.8 billion gallons of water, reduce usage of single-use plastic water bottles by 4.1 million and reduce landfill waste by 49 million pounds, resulting in potential savings of 6.6 billion pounds of carbon dioxide and 123 million kilowatt-hours of electricity. ●

What to look for in upcoming episodes of the Specifier Podcast and Water for Fighting STAFF & WIRE REPORTS or the Florida Specifier Podcast, hosts Ryan Matthews and Brett Cyphers will be discussing legislative priorities with Representatives Bobby Payne and Toby Overdorf.

They’ll also cover the contentious Waters of the United States (WOTUS) case, its aftermath, and the road ahead with a former EPA general counsel and a surprise guest. They’ll also be putting the Specifier’s Editor in Chief, Patrick Gillespie, in front of the mic so readers can get to know the boss a little better.

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current Executive Director of the Suwannee River Water Management District, Hugh Thomas; and Lisa Kelley, formerly of the FDEP and the St. Johns River Water Management District.

You can find links to both shows at FloridaSpecifier.com or wherever you get your podcasts. ●

The Water for Fighting Podcast, hosted by Brett Cyphers, will be featuring some of the biggest names in the environmental community, including former FDEP Secretary, Herschel Vinyard;

Florida Specifier

September/October 2023

13

PFAS Source Management Study Could Resonate in Florida

By STEVE BARNES, Remediation Services Director, REGENISIS

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wo field pilot studies for treating PFAS source zones in situ were recently completed at firefighting training areas on Michigan (MI) and Washington (WA) aviation sites. The pilot test treatments incorporated SourceStop®, a new colloidal activated carbon (CAC) amendment for treating PFAS source zones, emplaced as a horizontal barrier to prevent PFAS leaching. Samples collected at both sites showed PFAS soil leachate concentrations reduced by more than 99 percent following treatment, while six-month post-treatment sampling at the MI site showed PFAS reduced to non-detectable levels. Similar results are expected at the WA site following the completion of the six-month sampling event.

PFAS source areas at two U.S. aviation facilities, Site 1 - MI and Site 2 - WA, were selected to implement the field pilot testing program. Repeated AFFF (aqueous film-forming foam) discharges had left high concentrations of PFAS in the shallow soils leaching to the underlying groundwater in the pilot test areas. The tests were conducted in 225-square-foot (ft) areas to a depth of 10 ft within more extensive areas of AFFF discharges (Figure 1). The applications targeted the vadose zone, ranging from four to six feet above the groundwater table.

Pre-treatment soil samples were collected, and leachate extracts were prepared using U.S. EPA's SW-846 Test Method 1312: Synthetic Precipitation Leaching Procedure (SPLP), followed by analysis of PFAS

by Method 537.1 to provide baseline PFAS leachate concentrations. The average/ maximum PFAS concentrations in soil leachate were 1,376/3,835 nanograms per liter (ng/L) at Site 1 and 7,079/16,115 ng/L at Site 2. PFOS (perfluorooctanoic acid) comprised approximately 90% of the total PFAS detected at both sites.

Source soils were excavated from the target treatment area and temporarily stockpiled on the adjacent ground surface at each pilot test location. The topsoil layer was segregated for later use during site restoration.

treatment, the site work area was restored using the segregated topsoil vegetation as the final surface cover, which was re-seeded and protected with straw erosion control matting.

PFAS concentrations in soil leachate were reduced by 99.4% at Site 1 and 99.5% at Site 2 in samples collected post-treatment (Figure 2). At Site 1, samples were collected after six months and no PFAS were detected, demonstrating a 100% PFAS removal efficiency (Figure 3). A sixmonth post-sampling event is scheduled for completion in the summer/fall of 2023 at Site 2.

Across thousands of sites worldwide, PFAS source areas serve as substantial repositories of contaminants, resulting in the leaching of PFAS and the formation of expansive plumes of groundwater contamination. The pilot tests completed at two prototype AFFF-release sites resulted in the total and sustained elimination of PFAS in soil leachate, demonstrating how these PFAS sources can be rapidly and effectively mitigated.

The in situ PFAS source treatments apply accelerated sorption kinetics to rapidly halt PFAS contaminant plume development and prevent impacts to downgradient receptors. The SourceStop CAC horizontal barriers emplaced at the base of the treatment zones significantly improve PFAS retention over commodity carbon materials like PAC, providing a highly effective, long-term solution to prevent PFAS leaching.

SourceStop barrier base layer application.

Photo Courtesy REGENISIS

The sustainable remediation approach demonstrated by these pilot tests can be flexibly applied to vadose zone soils, the capillary fringe, and groundwater at PFAS source areas to meet site-specific needs.

Combining PFAS source zone treatments with CAC barrier treatments (i.e., PlumeStop®) in the plume body can serve as a permanent solution to reduce PFAS exposure risks, replacing non-sustainable, waste-generating, and costly remedial approaches like dig & haul or pump & treat that further degrade the environment. ● Photo Courtesy REGENISIS

Figure 1. Aerial view showing Site 1 treatment area and sampling locations.

After reaching the bottom excavation depth (10 ft), the SourceStop CAC horizontal barrier was spray-applied, ensuring an even coating of the excavation bottom and sidewall bottom edges, while allowing the material to infiltrate the underlying undisturbed soils.

Following the CAC horizontal barrier installation, stockpiled soil was placed back into the open excavation in-2.5to-4 ft-thick lifts, along with a prescribed CAC/powdered activated carbon (PAC) amendment blend.

These materials were thoroughly mixed into the soils using an excavator bucket or a rotary mixing head until achieving a homogeneous consistency. Each completed lift was graded flat and compacted with a small trench compactor.

During treatment, representative samples were collected from test cells within treated lifts and analyzed for PFAS leachate in soil per the above-described laboratory methods to provide a snapshot of treatment efficacy. Following

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September/October 2023

Florida Specifier

Rice’s Whale proposed vessel restriction zones STAFF & WIRE REPORTS

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his summer, the National Oceanographic and Atmospheric Administration’s National Marine Fisheries Service (NMFS) published in the Federal Register a proposed designation of critical habitat for the Rice’s whale, which includes a large portion of the Gulf of Mexico. If finalized, this designation could lead to significant impacts on vessel operations and longterm economic development and supply chain efficiency for this region of the country.

According to NOAA, Rice's whales are members of the baleen whale family and likely fewer than 100 individuals remain, making it one of the most endangered whales in the world. The Rice's whale has been consistently located in the northeastern Gulf of Mexico, along the continental shelf break between 100 and about 400 meters depth. They are the only resident baleen whale in the Gulf of Mexico.

Public comments on the proposed designation must be received by September 22.

The agency held virtual hearings in August.

On May 11, 2021, the U.S. Department of Commerce and NMFS received a petition pursuant to the Administrative Procedure Act from the Natural Resources Defense Council, Healthy Gulf, Center for Biological Diversity, Defenders of Wildlife, Earthjustice, and New England Aquarium requesting that NMFS utilize its authorities under the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) to establish a “Vessel Slowdown Zone” to protect Rice's whales from collisions with vessels and noise pollution.

The Petitioners proposed a year-round, 10-knot vessel speed restriction within waters between 100 meters (m) and 400 m deep from approximately Pensacola, FL, to just south of Tampa, FL (i.e., from 87.5° W longitude to 27.5° N latitude) plus an additional 10 kilometers (km) around that area (referred to in the petition as the “Vessel Slowdown Zone”).

The Petitioners asserted that the requested mitigation measures are necessary for the conservation and recovery of Rice's whales and in support of such reference the vulnerability of the species, identify vessel strikes and vessel noise as risks to the whales, and describe NMFS' authority under the ESA and MMPA to establish a “Vessel Slowdown Zone” with regulations.

Additional Petitioner Proposed Restrictions: • No vessel transits at night; • Vessels transiting through the zone must report their plans to NMFS, utilize visual observers, and maintain a separation distance of 500 m from Rice's whales; • Use and operate an Automatic Identification System, or notify NMFS of transits through the zone; and • Report deviations from these requirements to NMFS. Industry groups have expressed concerns that the Petitioners failed to identify a clearly established cause and effect relationship based on data. If a vessel speed rule is also promulgated and adopted, whether just in Florida as the Petitioners requested or across the entire proposed critical habitat, upon implementation it will present unavoidable challenges.

Courtesy NOAA Fisheries

NMFS subsequently requested information from interested parties regarding the

petitioned actions, specifically for the below-listed issues.

Florida could be substantially affected should a variety of these restrictions go into place, as these waters contain heavy traffic for vessels providing a variety of goods to Florida consumers and businesses. Stay tuned to see how these regulations affect this area of the Gulf of Mexico. For more information, visit https://tinyurl. com/42msku39. ● NMFS requested comments on the following: • The advisability of and need for regulations to establish a “Vessel Slowdown Zone;” • The geographic scope of any such regulations; • Alternative management options for regulating vessel interactions with Rice's whales, including, but not limited to, the options in the petition; • Scientific and commercial information regarding the effects of vessels on Rice's whales, or other similar species, and their habitat; • Information regarding potential economic effects of regulating vessel interactions; and • Any additional, relevant information that NMFS should consider.

Clear as Mud “Waters of the United States” Gets Yet Another Definition

By JIM DICKSON, Counsel, Adams and Reese, LLP

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The 28th Florida Remediation Conference (FRC 2023)

or the fourth time in eight years, a president’s administration has issued a new “waters of the United States” (WOTUS) definition. This is the second definition published by the Biden administration, and makes significant changes to the rule published at the end of 2022.

November 1-3, 2023 Rosen Centre Hotel Orlando, Florida One of the Premier Remediation and Redevelopment Educational & Business Networking Events in the Country!

Confernece Topics Include: • Innovative Remediation Technologies • Environmental Assessment and Analysis • Emerging Contaminants • Vapor Intrusion Investigation and Remediation • Brownfields and Redevelopment • Characterization, Fate and Transport • Risk Assessment Practices, Applications, and Benefits • Environmental Forensics • Innovative Strategies and Approaches to Expedite Site Closure • Remediation of Petroleum and Heavy Hydrocarbons • Funding and Insuring Remediation Projects • Business Aspects for the Environmental Professional • Other Relevant Topics

FloridaRemediationConference.org Florida Specifier

As we predicted, this rule was displaced by the decision in Sackett v. EPA, which was published by the United States Supreme Court in May of this year. The new rule, published on Aug. 28 by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers, revised the definition of “waters of the United States” to conform with the Sackett decision, which invalidated a portion of their earlier rule.

The regulatory framework of the EPA and the Army Corps now defines “waters of the United States” as waters that are “relatively permanent, standing or continuously flowing bodies of water.” Addition-

September/October 2023

ally, the rule revises adjacent wetlands as “having a continuous surface connection” to bodies of waters of the United States.

The significant nexus standard has been removed.

The impact of this new rule remains to be seen. While in theory it tries to align the regulatory definition with the judicial interpretations of the statute, in practice it may prove difficult to follow. Many questions remain as to how the Sackett decision and now the corresponding rule will be applied to water bodies and wetlands.

One thing we can count on: the new rule will almost certainly face litigation challenges. Stay tuned for the next installment of the Waters of the United States saga. ●

Learn More For more information about Waters of the United States, visit https://tinyurl. com/2p9ah88d

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Preservation through Partnership

Telford Spring: A Piece of the Puzzle in Protecting Florida's Resources STAFF & WIRE REPORTS

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he preservation of Telford Spring is an example of conservation in action.

The property, which feeds into the Suwannee River, was acquired by Alachua Conservation Trust in partnership with the Suwannee River Water Management District (SRWMD) and Florida Department of Environmental Protection (FDEP).

At approximately 94 acres in the 100-year floodplain, the land is also adjacent to other SRWMD land. This second magnitude spring is an important water source for the Suwannee River, nestled along the river and accessible by boat, and frequented by cave divers.

“With Florida being one of the fastest growing states, land conservation remains important so people can appreciate, protect and enjoy the resources in their own backyard,” says Tom Kay, Executive Director of Alachua Conservation Trust.

“Natural spaces bring people outdoors, and our work to preserve resources moves forward as our state continues to grow.”

In late 2020, the Alachua Conservation Trust learned that the property was going on market. It had been owned by the Henderson Family since 1958, and they had been good stewards of the land, keeping it in pristine ecological condition. Protecting the land through a public purchase was made possible in coordination between the SRWMD, the FDEP, Alachua Conservation Trust, and the private landowner.

“By preserving these public lands, we are showcasing ‘Old Florida’ with its century-old oaks, pine and hardwoods,” Kris Eskelin, Senior Project Manager with the SRWMD. “The natural systems and the floodplain community will be protected from development and future impacts to the spring will be minimized.”

A Piece of the Puzzle The land purchase safeguards aquifer recharge, conserves drinking water supply, protects native species, and provides recreational access.

“If you think of the conservation area as a jigsaw puzzle, it was like one of the missing pieces,” said Kay. “What set this particular piece of property apart was that it sits on more than one mile of Suwannee River frontage. It includes large trees and serves as a natural buffer for water entering the river. It also borders Peacock Springs Conservation Area, which was already owned by SRWMD, and is near Wes Skiles Peacock Springs State Park which is popular with cave divers.”

Protecting the land also helps keep septic tanks away from a second magnitude spring, which has a water flow of up to 100 cubic feet per second. It is more preventative than anything, said Kay, preserving the integrity of the entire system. It also benefits wildlife, like turtles and otters, giving them direct access to crawl up on the shore.

“One of species you see near Telford is the Suwannee alligator snapping turtle, which is in a crisis state for its numbers,” Kay said. “I remember when I was younger we saw them all over the place – the numbers

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“With Florida being one of the fastest growing states, land conservation remains important so people can appreciate, protect and enjoy the resources in their own backyard,”

Telford Spring, a key preservation project between the Suwannee River Water Management District, Alachua Conservation Trust, and Florida Department of Management Services, comprises 94 acres in the 100-year floodplain, and provides both environmental benefits and public recreation opportunities.

Tom Kay, Executive Director, Alachua Conservation Trust

have dropped dramatically.”

Preservation through Partnership After approval of the Governing Board and the Lands Committee, the acquisition project began with the SRWMD submitting a request to purchase the property to the FDEP Springs grant funding program.

Alachua Conservation Trust acquired the land in December 2021 from the private landowner while the grant was being processed in order to preserve the property, with the intent to transfer ownership to the SRWMD. In 2022, the land was transferred to the District, who now owns the property.

Photos Courtesy SRWMD

“Telford Spring has long been a local hidden treasure,” said Hugh Thomas, Executive Director of the Suwannee River Water Management District. “Now, through valuable partnerships, the public can appreciate its natural wonder into the future.

Thanks to the efforts of the landowner, Alachua Conservation Trust, and the State of Florida, we will be able to protect this natural system from future development and limit future impacts to this beautiful spring.”

Telford Spring, and the land around it, serves as prime examples of what Alachua Conservation Trust is working diligently to conserve for current and future generations.

“We felt it was important to help the SRWMD purchase this area for public use,” added Kay. “If we had not moved on this, it could have been acquired by someone else and we would not have had the chance to preserve it. We will continue to work in this role where people can reach out to us and let us know about these opportunities so we can serve when time is of the essence.”

Our environmental attorneys help navigate the complexities of Florida environmental laws.

Maintenance of the land will be handled

by Alachua Conservation Trust and will include controlling invasive species. The tract is currently closed but will open for recreation to the public once SRWMD has finalized and has its conservation plan for the property in place.

For more information on this and other Suwannee River Water Management projects, visit www.MySuwanneeRiver. com. ●

Herschel T. Vinyard Jr. herschel.vinyard@arlaw.com Special Counsel Jacksonville P 904.493.3308 Tallahassee P 850.363.9644

Jeff Littlejohn jeff.littlejohn@arlaw.com Senior Policy Advisor Tallahassee P 850.363.9644

www.adamsandreese.com ALABAMA | COLORADO | FLORIDA | GEORGIA | LOUISIANA | MISSISSIPPI NORTH CAROLINA | SOUTH CAROLINA | TENNESSEE | TEXAS | WASHINGTON, DC

September/October 2023

Disclaimer: Jeff Littlejohn is not licensed to practice law.

Florida Specifier

USACE Workshop for Updated 2023 SFER IDS STAFF & WIRE REPORTS

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he U.S. Army Corps of Engineers, Jacksonville District invites partners, stakeholders, and the public to join us for the release of the Working Draft of the 2023 Update to the South Florida Ecosystem Restoration (SFER) Program Integrated Delivery Schedule (IDS). The 2023 SFER IDS will be released at the Public Engagement Workshop on Sept. 6 and sponsored by the SFER Task Force.

The IDS provides the roadmap for sequencing, planning, design, construction

and operations of both federal and state projects related to Everglades restoration.

The Task Force Sponsored Public Engagement Workshop on the 2023 Integrated Delivery Schedule (IDS) Update will be held in person with an option to attend virtually on Wednesday, Sept. 6 from 9:30 a.m. to 12 p.m. at the South Florida Water Management District B-1 Governing Board Auditorium, 3301 Gun Club Road, West Palm Beach, Florida, 33406.

Participants wishing to attend virtually are required to pre-register for the Zoom Webinar at https://tinyurl.com/ jwsnedcr. After registering, you will receive a confirmation email containing a secure link to join the webinar.

The IDS Presentations will include: • • • • •

IDS Purpose and Background Overview of the 2023 IDS Working Draft The Restoration Framework: System Operating Manuals (SOM) RECOVER Science Framework CERP Components Overview

More information about this 2023 Integrated Delivery Schedule (IDS) Update workshop will be available online at: https://tinyurl.com/2rz9aj4c.

Additional materials will also be available at the link above, including a draft agenda and the working draft of the IDS. The public is encouraged attend in person, or to register for the Zoom webinar or join the live webcast via YouTube for those unable to join the Zoom Webinar at https:// tinyurl.com/3r2wtwxr. Interested parties

may also want to stay for the Task Force’s Joint Working Group/Science Coordination Group Meeting, from 12:30 p.m. to 5 p.m. on Sept. 6, and the Florida’s Coral Reef Coordination Team (FCRCT) Meeting from 1 p.m. to 4 p.m. on Sept. 7, also at the South Florida Water Management District in West Palm Beach.

“The purpose of this virtual public engagement is provide partners, stakeholders and the public with an opportunity to learn more about the Working Draft of the 2023 Integrated Delivery Schedule or IDS,” said Dr. Tabitha Elkington, Strategic Program Manager for the South Florida Ecosystem Restoration Program. “The IDS reflects the strategy for the continued, historic momentum of the South Florida Ecosystem Restoration Program. This is a living document that reflects federal and state program and project priorities to give us a clear path forward.”

The Integrated Delivery Schedule (IDS) is a forward-looking snapshot of upcoming design and construction schedules and programmatic costs at a “top” line level for the South Florida Ecosystem Restoration (SFER) Program. It includes foundation projects like the Kissimmee River Restoration and the Comprehensive Everglades Restoration Plan (CERP) projects. The plan focuses on the “getting the water right.” CERP—the largest aquatic ecosystem restoration effort in the nation, spanning more than 18,000 square miles— is designed to improve the health of more than 2.4 million acres. ●

FROM LAKE APOPKA ON PAGE 1 water to the lake from the farms increased — and ultimately fed — the perpetual algal bloom that shaded out the lake’s submerged vegetation.

A turning point came in 1996. At the direction of the Florida Legislature, the District purchased the former floodplain farms on the lake’s north shore and began work to restore nearly 20,000 acres back to wetlands. The purchase of the farms and restoration of wetlands on the former floodplain is by far the largest driver of the lake’s water quality improvements. By 2022, phosphorus and chlorophyll-a (a measure of algae) had been reduced 68 percent, resulting in a 63 percent increase in water clarity since the 1980s.

In 2003, the District completed construction of a 760-acre engineered wetland known as the Marsh Flow-Way. The Marsh Flow-Way’s four treatment cells act like kidneys, filtering 30 to 40 percent of the lake’s water annually. From 2003 to 2019, the Flow-Way removed an average of 4,850 pounds of phosphorus and 9,632 pounds of suspended solids each year.

Did You Know?

Lake Apopka is the state’s fourth-largest lake.

For more than two decades now, the District has organized innovative annual harvests of gizzard shad as a tool to remove more phosphorus from the lake’s water.

Gizzard shad are a native fish, abundant in nutrient-rich lakes and their feeding

Florida Specifier

Courtesy SJRWMD

Data continues to show that concerted efforts to improve Lake Apopka's water quality are working.

Photo Courtesy SJRWMD

in the sediments perpetuates nutrient cycling between sediments and lake water.

Harvesting the fish removes nutrients in their bodies and slows the nutrient recycling. Each year since 1993, the District has harvested about one million pounds of fish, which is about 7,000 pounds of phosphorus.

Positive improvements in the lake have also been impacted by the 2003 Florida Department of Environmental Protection's stormwater rule. This rule supports reducing total nutrients in and around the lake by pushing innovative projects like the shad harvest and wetland flow-way, supported the purchase and restoration of lands near the lake, and notably prevented increased discharge of nutrients for new developments.

These efforts together have supported the resiliency of this natural system. Increased water clarity has increased sunlight into the lake and resulted in submerged vegetation, missing for 50 years, rapidly recolonizing the lake. Eelgrass (Vallisneria americana) is regrowing from long-dormant seeds and is now found around the majority of the lake.

By 2020, 96 percent of the lake’s shoreline had native vegetation. The District is accelerating re-growth of Illinois pondweed, Potamogeton illinoensis, another native once dominant in Lake Apopka but which had not recovered on its own. Both species and others are growing rapidly and reproducing. The District and partners are planting native vegetation to continue rapidly improving habitat.

September/October 2023

The lake’s rebound is evident. Wildlife has returned to both the lake and the surrounding wetlands. Anglers catch large bass again, attracting bass tournaments, and visitors to the District’s Lake Apopka North Shore and Wildlife Drive see an abundance of birds, alligators, turtles, otters, and bobcats. The site is considered one of the most renowned birding destinations in Florida, with 372 different bird species recorded on the property.

The District is continuing forward with proven methods and exploring innovative projects to see this great lake restored.

Learn more about the District’s restoration efforts at Lake Apopka at www.sjrwmd. com/projects/#lake-apopka. ●

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Why Performance-Based Structural Fire Design?

By LEO CANNYN, PMP, PE, ENV SP, Principal Project Manager, Beryl Engineering & Inspection

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ne of the most severe environmental conditions for a structure is fire, which happens every 93 seconds. In 2021, there were 1.3 million fires in the U.S., per the National Fire Protection Association.

An accidental fire in a home or commercial building can result in the failure of various structural components.

Therefore, appropriate structural fire design methods are critical in the design of buildings and built infrastructure.

Thankfully, the structural engineering community has become more involved in the structural fire protection practice.

Over the last five years, the field has become a fast-growing segment and is a much-needed practice.

Success relies heavily on the engineer’s ability to work within the prescriptive constraints of the building codes and standards while applying best engineering practices to achieve the project goals.

This is what is referred to as performance-based structural fire design.

What is Performance-Based Structural Fire Design?

Performance-based structural fire design (PBSFD) utilizes engineers with experience to develop a design plan that goes beyond just making the building resistant to fire. Introduced in ASCE 7-16, Appendix E, PBSFD is an approach that permits the evaluation of a structure’s ability to

engineer can evaluate fire risk and develop practical, performance-based design solutions to fire-related engineering problems. They can develop designs that respond to resilience, robustness, and sustainability needs.

Each situation is based on potential uncertainties and evaluated on a project-byproject basis. meet specific performance objectives under a variety of realistic design fire scenarios. It is the application of science and engineering to design fire protection.

By using physics-based models of fire scenarios and their effects on structural and nonstructural building elements, engineers no longer focus on building construction, but how they want the building to perform. Additionally, structural engineers take into account the specific characteristics of a building rather than utilizing a checklist found in prescriptive building and fire codes that may not address a building’s unique characteristics.

Prescriptive Codes Work Together with Performance-Based Design Prescriptive codes work well when followed properly in each application.

Additionally, performance-based design adds much-needed flexibility to exist-

Engineers with performance-based fire design experience can:

ing prescriptive requirements. PBSFD permits more freedom than conventional prescriptive methods. They allow designers to answer the “what if ” questions and evaluate alternative fire suppression systems. When thinking beyond traditional prescriptive solutions, creativity and innovation can take place using both new and existing materials and systems.

The intent is not to use one without the other. Prescriptive codes typically apply a minimum 10 percent safety factor. With performance-based design, each situation is based on potential uncertainties and evaluated on a project-by-project basis.

Performance-Based Fire Design Adds Value

• Evaluate fire risk, consider structural integrity, and suggest alternative safety methods to improve structural efficiencies.

• Emphasize science, engineering, calculation, and modeling methods to create cost-effective designs without compromising safety.

• Help deliver more resilient structures that meet the project’s identified goals and objectives.

Final Thoughts Performance-based fire design is possibly one of the most significant investments in any building leading to informed performance in a potential fire, a better alternative to assumed performance.

However, it’s not enough for the engineer to be knowledgeable and experienced.

The most qualified think outside the box and provide creative yet safe solutions in ways that code-writing authorities have yet to consider. The result is the ability to problem-solve and preserve the building’s structural integrity during a fire. ●

Structural engineers with fire design experience have an in-depth understanding of fire science, construction materials, and good building design practices.

Specifically, an experienced structural

PROVIDING SOLUTIONS FOR

MITIGATION AND CONSERVATION Westervelt Ecological Services, established in 2006, is dedicated to providing our clients across the United States with mitigation and conservation solutions to meet local, state and Federal requirements.

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September/October 2023

LEARN MORE

Florida Specifier

RES Acquires Bluefield Ranch Mitigation Bank STAFF & WIRE REPORTS

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ES, a national leader in ecological restoration, water resource, and resiliency solutions, announced it has acquired the Bluefield Ranch Mitigation Bank in South Florida. Adding this broad-based ecological resource to RES’ stewardship is part of the company’s unwavering commitment to bolstering the state’s ecological resilience and expanding its suite of services.

Designed, restored, and managed at an ecosystem or landscape level, Bluefield Ranch MitigationBank is one of Florida’s most ecologically diverse banks, with a 2,695-acre ecosystem featuring 21 native plant communities. Sitting astride a “South Florida continental divide,” approximately 60 percent of the bank is part of the Greater Everglades Ecosystem/Watershed, while the remainder of the bank site is part of the St. Lucie River-Eastern Flatwoods/Indian River Lagoon Ecosystem/Watershed.

Bluefield Ranch Mitigation Bank received approval from the South Florida Water Management District for a 2.1 million-acre expansion of their Mitigation Service Area (MSA), now 2.8 million acres. The Bluefield Ranch Mitigation Bank MSA encompasses portions of St. Lucie, Martin, Palm Beach, Broward, Okeechobee, Glades, Indian River, and Hendry counties.

The Bluefield Ranch Mitigation Bank offers a rich inventory of freshwater forested and herbaceous wetland credits.

types within the expanded MSA, including any ecotones and community sub-types or variations associated with these community types.

Desmond Duke Client Solutions Manager RES

“The Bluefield Ranch Mitigation Bank offers a rich inventory of freshwater forested and herbaceous wetland credits, said Desmond Duke, the Client Solutions Manager at RES,“I’m excited RES will continue to provide a viable mitigation solution to meet permit mandates concerning impacts to both state and federal wetland areas, including mitigation efforts for listed species such as the wood stork, caracara, and other species, approached on a case-by-case basis.”

The Bluefield Ranch Mitigation Bank is strategically positioned to maintain its status as a leading wetland mitigation bank in Southeast Florida. The size and location of Bluefield Ranch Mitigation Bank provides fundamental ecological benefits to the region and allows this premier wetland restoration project to generate a large supply of wetland credits, which are made available to clients at competitive market rates.

RES’ team of Florida-based ecologists and scientists will assume full responsibility for the long-term adaptive management of this important resource. ●

Bluefield Ranch Mitigation Bank credits may be used to mitigate impacts to a broad range of indigenous native community

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native plant communities

BLUEFIELD RANCH MITIGATION BANK

BY THE NUMBERS

Florida Specifier

2,695 acres

September/October 2023

60% is part of the Greater Everglades Ecosystem/Watershed

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20 23

"There’s just too much to see waiting in front of me, and I know that I just can’t go wrong."

-Jimmy Buffett

"If we couldn't laugh, we would all go insane."

-Jimmy Buffett

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September/October 2023

Florida Specifier