August 2024 Newsletter
HIGHLIGHTS:
Tropical Storm Debby Showed Us We Aren’t Prepared - What Now?
National Hurricane Center prediction map of Debby’s path as of Sunday, August 4, 2024 at 8 AM. Even far from our coasts, Debby caused widespread devastation.
The recent storm, though barely named as Debby, left a trail of alarming and devastating impacts along our coast. Massive, unpredicted flooding and millions of gallons of sewage entered our surface waters in Manatee and Sarasota Counties. Our hearts go out to those who lost everything in the flood. Suncoast Waterkeeper is here to support you, and we're committed to helping in any way we can. Please get in touch with us if you know how we can get involved in the recovery efforts.
The torrential rainfall resulted in nearly 100 million gallons of raw and semi-treated sewage being discharged into our surface waters. Today, August 30, the City of Bradenton's sewage is bypassing the filters at the water treatment plant and being discharged in the Manatee River. The utility has still not recovered from Debby.
Alarmingly, there was a lack of public notification about this and the other spills that resulted from Debby, which prompted locals to turn to social media for information on safe areas to enjoy our waterways on the Suncoast. I didn’t see any posted warnings from local officials—did you? This is a sincere question because we need to know how you were informed about the sewage contamination after the storm. Your feedback is crucial, so please share your experiences with us in this short survey. Your feedback is not just important, it's integral to our cause.
We’ve already taken action by contacting local elected officials, the Department of Health, and city/county staff, urging them to post signage and warnings about the contaminated waters. While we haven’t seen the necessary signage, we’ve opened a dialogue with these entities. We aim to ensure that this dialogue leads to better public warnings in the future.
Our community was unprepared for this storm. The critical question now is: How do we move forward? We must engage with our state and local officials to demand a stormwater and wastewater infrastructure plan that can withstand the extreme weather that is becoming our new normal. It must also be retrofitted to endure rising coastal waters. Future development must be carefully planned and managed to accommodate growth effectively. Bob Rhodes, an expert in land use law, emphasizes the importance of state leadership in his 2020 paper published in the Journal of Comparative Urban Law and Policy: "State leadership is necessary for Florida to address the many planning issues of state importance that relentless growth continues to impose on already stressed facilities and natural resources, including current and future deleterious effects of sea level rise on our peninsular state" (Rhodes, 2020). Rhodes traces the history of growth management in Florida and makes important recommendations for getting us back on track. Read Rhodes' full paper HERE.
We urge you to join us in engaging with state-elected officials on this issue. Your involvement is crucial. In summary, at the state level, we need better guardrails and oversight on development. We also need more timely and relevant information for the public from our local governments. Together, we can advocate for the changes needed to protect our community and our waters. To begin, ask your state-elected leader if they are familiar with the devolution of growth management in the state of Florida and whether they have a plan for a resolution. Send them Rhodes paper and ask how they plan to take leadership on this issue.
Sarasota County:
Email Representative Fiona McFarland
Manatee County:
Email Representative Will Robinson
If these are not your elected leaders, then:
Find your State Representative here - https://www.myfloridahouse.gov/findyourrepresentative
Save Our Wetlands to Save Us from Floods
As development continues to progress eastward, our headwater streams and wetlands disappear. Yet the removal of these positionally important water resources makes the Suncoast more vulnerable to floods.
Headwaters are the sources of creeks and rivers. Headwater streams take the shape of channels carved into the earth to carry rain from the land to larger streams. These headwater channels often run dry during Florida’s annual dry season, making them vulnerable to development. Headwater wetlands look just like their downstream counterparts, but their unique position on the landscape is vital to the drainage of the entire watershed.
Headwater wetlands and streams strategically positioned at the uppermost reaches of a watershed play a disproportionately important role in watershed flood protection. Their small size and dispersed nature often lead to their undervaluation and subsequent development for other purposes. However, their collective contribution to flood protection is substantial. Despite their seemingly individual insignificance, their cumulative effect on controlling and managing water flow is crucial for maintaining the health and stability of the entire watershed.
Headwater wetlands and streams act as natural sponges, absorbing and storing significant amounts of water from rainfall. This slows down the flow of water downstream, reducing the likelihood of sudden, intense flooding in lower parts of the watershed. By holding water in the landscape, these areas help moderate the volume and timing of water that eventually reaches larger canals and rivers. Wetlands perform this job for the natural, unaltered landscape. Built landscapes, however, must have additional flood storage mechanisms that seamlessly tie into this natural stormwater system.
Regrettably, the prevailing Florida model has been to remove, replace, and mitigate most of our naturally occurring wetlands with built infrastructure such as stormwater ponds. This approach, which involves preserving wetlands outside the immediate watershed to 'offset' their destruction, is fundamentally flawed. Offsetting these positionally important wetlands with wetlands elsewhere can never replace the flood services lost to the immediate watershed. The solution lies in preserving these wetlands in their original, positionally important locations and building an engineered stormwater system to supplement the services nature provides. Wetlands that remain neighborhood developments are too often severely altered by a lack of appropriate buffers. It's crucial to understand that engineered stormwater systems cannot fully replace the benefits of natural headwater systems. In an attempt to convey just how critical coastal wetlands are to flood protection, Sun and Carson (2020) place a monetary value on the services these natural systems provide during tropical storms and hurricanes.
Headwaters of Lake Manatee that have not been developed yet are outlined by orange rectangles.
Sun and Carson estimate that wetlands in Manatee County provide $2 million worth of protection against tropical storms and hurricanes for every square mile. Preserving the headwater systems, highlighted by the orange rectangles in the image above, offers over $134 million in protective benefits. In other words, if we develop these areas as we have in the past, we could face at least $134 million in damages from future hurricanes or tropical storms. $134 million of benefits in just two small areas of Manatee County illustrates the enormous importance of saving our wetlands.
Follow us on Facebook and Instagram to stay updated with our Save Our Wetlands campaign.
Lang, M.W., Ingebritsen, J.C., Griffin, R.K. 2024. Status and Trends of Wetlands in the Conterminous United States 2009 to 2019. U.S. Department of the Interior; Fish and Wildlife Service, Washington, D.C. 43 pp.
Sun, Fanglin, and Richard T. Carson. "Coastal wetlands reduce property damage during tropical cyclones." Proceedings of the National Academy of Sciences 117.11 (2020): 5719-5725.
Water Win: Florida to Enforce Stronger Water Quality Protections at Piney Point Facility but We Can't Stop There
The Florida Department of Environmental Protection (FDEP) has agreed to issue a Clean Water Act permit mandating stricter oversight of pollution from the Piney Point phosphate facility, following a lawsuit by Suncoast Waterkeep and partners. This long-overdue action aims to protect Tampa Bay from ongoing environmental damage caused by the site.
The new permit will enforce limits on harmful effluent discharged into Tampa Bay and fund independent monitoring of the facility's impact on water quality. Piney Point, which has operated without a proper permit for 20 years, has been a major source of pollution in the area.
The 2021 wastewater release had severe consequences, introducing nearly 200 tons of nitrogen into Tampa Bay in just a couple of days—more than it typically receives in a year. This fueled a deadly red tide that killed over 600 tons of marine life in the region. Justin Tramble, executive director of Tampa Bay Waterkeeper, noted that the disaster was a wake-up call for the community and emphasized the importance of preventing future incidents.
“Citizen action is critical to environmental protection,” said Abbey Tyrna, executive director of Suncoast Waterkeeper. “Florida residents must continue to stand up for clean water to safeguard our health, economy, and future generations.”
Despite the settlement, the environmental legacy of Piney Point remains a concern. Glenn Compton, chairman of ManaSota-88, Inc., warned that the phosphate industry’s activities have left Florida with ongoing environmental and public health risks that will require taxpayer funding to manage.
As part of an effort to prevent another Piney Point disaster, the Waterkeeper Alliance, Waterkeepers Florida, and 15 other groups have filed a notice of intent to sue the EPA for failing to respond to their 2021 petition. The petition urged the EPA to provide regulatory oversight of toxic and radioactive waste from phosphate mining and fertilizer production. Specifically, the groups asked the EPA to reconsider its 1991 decision to exempt phosphoric acid production wastes from federal hazardous waste regulations, so the agency can ensure the safe treatment, storage, and disposal of phosphogypsum and processed wastewater.
“It’s time for the EPA to take aggressive steps to stop the ongoing environmental injustices and destruction caused by the phosphate industry’s waste,” said Ragan Whitlock, a Florida-based attorney at the Center for Biological Diversity. “It’s been nearly three years since the state dumped 215 million gallons of toxic, radioactive waste from the Piney Point facility into Tampa Bay, but the EPA has done absolutely nothing to prevent the next phosphate pollution disaster.”
Environmental Ambassadors Concludes Its First Year!
Don’t Swim There!
Since Tropical Storm Debby, our bays and inland waterways have been unsafe for swimming; however, the water quality was not great before the storm.
Every week, Suncoast Waterkeeper monitors popular spots on the Suncoast where people like to swim and play, which are not surveyed by any other agency. We share our findings on Facebook and Instagram every Friday.
An infographic showing the concentrations of enterococci (a fecal indicator bacteria) from the sampling effort on Wednesday, August 28, 2024.
One area of particular interest has been Palma Sola Bay, north of the causeway, which regularly exceeds the water quality standards established for fecal indicator bacteria. For many of the most recent sampling events, the horses that trot across the bay have usually already passed the location where the sample is grabbed. However, on Wednesday, the sample was collected quickly and just before the horses moved past the survey location. That is evident by the results, which show safe to swim conditions for the first time since May.
However, horses are not the only contributing source to the bay's high levels of fecal indicator bacteria. To better understand the sources of high fecal indicator bacteria counts, we collected two samples during low tides over two periods—wet and dry weather—and sent them for DNA analysis. We reported on the results of the dry season investigation in our May newsletter.
On the evening of July 3, during a low outgoing tide, we took our second sediment and water samples from our weekly monitoring point in Palma Sola Bay. We sent the samples to LuminUltra for DNA analysis, asking LuminUltra to analyze them for human and horse DNA.
The results showed quantifiable levels of both horse and human DNA. Horse DNA was found in moderate amounts in the soil and water, while human DNA was detected in low amounts in the water only. Human DNA was not identified in the sediment.
What does this mean? It suggests that horses are likely regular contributors to the high enterococci levels at our monitoring site, with humans being occasional minor contributors. However, during this limited study, the horse DNA levels were not high enough to conclude that they were the sole source of the elevated enterococci levels. The July 3 results indicate that while horses and humans are contributing factors, other sources must also be responsible for the recurring high enterococci concentrations.
The Sarasota Bay Estuary Program will likely lead to a more in-depth investigation into the bacterial sources that make the causeway's northern side stand out compared to the southern side. The program director has led similar investigations in the past. We look forward to reviewing and sharing the results.
Historic Non-Profit Collaboration to Transform Services in Sarasota
A groundbreaking partnership among several leading non-profit organizations is changing community services in Sarasota. On Friday, June 28th, representatives from the participating organizations gathered together for a ribbon-cutting ceremony to officially launch this unprecedented collaboration.
The facility at 1760 Mound Street will serve as a central hub for the collaborative efforts of the participating organizations, which include Suncoast Waterkeeper, Southface, Rebuilding Together Tampa Bay, Recycling Partnership, Florida Veterans for Common Sense, Southeast Sustainability Directors Network, Minorities in Shark Science, Community Harvest SRQ, Sunshine Community Compost, Sarasota Bay Watch, and Suncoast Stargazers.
Why This Collaboration Matters
This initiative represents a monumental effort to address Sarasota’s most pressing needs with unparalleled efficiency and impact. By pooling resources and expertise, these organizations are poised to tackle critical issues head-on, creating lasting positive change within the community. The collaborative approach will focus on several key areas:
- Protecting Our Water: Strengthening efforts to safeguard and preserve local water resources for current and future generations.
- Sustainability: Promoting eco-friendly practices and initiatives to foster a more environmentally responsible community.
- Hurricane Preparedness and Resilience: Enhancing readiness and response to natural disasters, ensuring the safety and well-being of community members.
- Education and Youth Development: Providing robust educational programs and opportunities to help youth thrive and succeed.
- Affordable Housing: Addressing housing challenges by creating accessible and affordable living options.
It is our hope that the Resilience Incubator will transform how Sarasota’s nonprofits serve the community, making it stronger, healthier, and more resilient. The collective efforts of these non-profits signal a promising future for Sarasota—a future where collaboration drives lasting change and enhances the quality of life for all residents.
STATE & NATIONAL WATER NEWS:
DeSantis Vetoes “Safe Waterways Act” HB 165
On June 26, 2024, Governor Ron DeSantis delivered a major setback to water safety by vetoing HB 165, the “Safe Waterways Act.” This bill was designed to require the Florida Department of Health (DOH) to enforce rules and issue health advisories concerning water quality at beaches and public bathing areas—something previously left to their discretion. HB 165 also mandated that municipalities and counties notify the DOH of unsafe water quality within 24 hours and required counties to post warning signs when waters are deemed unsafe. In essence, the bill sought to establish stronger and more consistent protections for the health and safety of those enjoying Florida's waters, particularly in areas affected by fecal contamination.
What makes this veto especially frustrating? For starters, the bill passed both the Florida House and Senate unanimously, with votes of 40-0 in the Senate and 113-0 in the House. After three years of persistent effort from clean water advocates and multiple Waterkeepers Florida groups, DeSantis' last-minute decision has undone significant progress. In an article published by the Tampa Bay Times, one of the bill’s main sponsors, Rep. Lindsay Cross of St. Petersburg, indicated that “she and the other bill sponsors are committed to working on the proposed legislation again next year”.
In the wake of weather events like Hurricane Debby, which led to millions of gallons of sewage being bypassed from treatment plants, the need for the DOH to issue health advisories is more pressing than ever. DeSantis’ veto raises a critical question: When will sound science and public health finally take precedence over tourism profits?
Florida State Parks Under Threat: Protecting Our Natural Spaces
On August 19, 2024, the Florida Department of Environmental Protection (DEP) announced the 2024-2025 Great Outdoors Initiative, promising to "expand public access, increase outdoor activities, and provide new lodging options across Florida's state parks." At first, it sounds like a win for nature lovers—but a closer look reveals a very different reality. The proposed "improvements" focus on building golf courses, pickleball courts, disc golf courses, and new lodging facilities, fundamentally altering the character of our beloved parks. The parks targeted for these changes include Honeymoon Island State Park in Pinellas County, Hillsborough River State Park in Hillsborough County, Oleta River State Park in Miami-Dade County, Jonathan Dickinson State Park in Martin County, Dr. Von D. Mizell-Eula Johnson State Park in Broward County, Anastasia State Park in St. Johns County, Camp Helen State Park in Bay County and Topsail Hill Preserve and Grayton Beach State Park in Walton County.
The public's response was swift and clear: outrage. Concerned Floridians, joined by elected officials like Senators Marco Rubio and Rick Scott and Representative Brian Mast, quickly mobilized to oppose these plans. Petitions, emails, and advocacy campaigns flooded in, and the outcry was so overwhelming that public meetings scheduled for August 27th were postponed indefinitely. On August 25th, the Tampa Bay Times reported that the proposal to build golf courses in Jonathan Dickinson State Park was withdrawn. At a press conference on Wednesday, August 28th, Gov. DeSantis walked back the proposals, saying the DEP was “going back to the drawing board”.
Florida's state parks have always stood for the conservation of natural spaces, striking a delicate balance between providing nature-based recreation and protecting our environmental resources. The proposed changes were a direct assault on this mission. Our state park system is the only one in the nation to have earned the prestigious gold medal for state parks four times. The whole 8-day saga demonstrates the real power of using your voice to speak up for what matters. It’s also a reminder to stay vigilant. If we want to preserve the natural beauty of Florida’s parks, we must continue to speak up and protect these cherished places from turning into commercial hubs that prioritize profit over preservation.
Waterkeeper Alliance Responds to U.S. Supreme Court’s Overturning of the Chevron Doctrine
By: Waterkeeper Alliance; June 28, 2024
The Supreme Court issued its opinion today in the case of Loper Bright Enterprises v. Raimondo, explicitly overturning the decades-old Chevron doctrine—a long-standing legal precedent that gave judicial deference to federal agencies like the Environmental Protection Agency (EPA), allowing them to reasonably interpret statutes, make sound policy decisions based on their expertise, and promulgate regulations to address numerous issues, including water quality, climate change, and public health.
In response, Marc Yaggi, CEO of Waterkeeper Alliance released the following statement:
“The Court’s decision today to overturn the 40-year-old Chevron framework is just the latest in a series of recent decisions that reveal a gross disrespect for precedent and will make doing society’s business much more difficult and unpredictable for a wide range of stakeholders, from regulators to businesses to nonprofits to ordinary people. This development underscores the importance of continuing our vital work to protect our communities and aquatic ecosystems from pollution and climate change. We will closely monitor how this decision may impact environmental policy and continue to advocate for science-based, sustainable solutions.”
This latest decision follows a previous setback to the essential protections afforded by the Clean Water Act (CWA) in Sackett v. EPA. In that 2023 decision, the Court ruled in favor of the Sacketts and their corporate polluter allies, which significantly narrowed the range of waters that the CWA protects, and opened the door for thousands of damaging projects to move forward without any water quality protections.
UPCOMING EVENTS:
BRUNCH FOR THE BAY IS BACK ON NOVEMBER 3, 2024
Mark your calendars for a delightful and impactful event!
Date: Sunday, November 3, 2024
Time: 11 am - 2 pm
Venue: Sarasota Yacht Club
Address: 1100 John Ringling Blvd, Sarasota, FL
Cost: $120 per person
Join us at the Sarasota Yacht Club for a memorable brunch dedicated to the State of the Suncoast.
This year, expert speakers will share insights on changing weather patterns, what to expect, and how we can boost our resilience! Enjoy delectable food and drinks, and the opportunity to connect with fellow advocates who share our commitment to protecting and preserving the waters of our cherished Suncoast.
SUNCOAST WATERKEEPER ANNUAL MEETING: DECEMBER 5, 2024
Save the Date for Suncoast Waterkeeper's Annual Meeting on Thursday, December 5, at the Sarasota Sailing Squadron. This meeting will be held from 6:00 - 7:30 PM and is FREE to all members. We are working on providing a night paddle experience so stay tuned for more information!
Not a member yet?
To get involved, send an email to [email protected]
Like we are doing? Join our clean water mission!
https://www.suncoastwaterkeeper.org/
Author
Abbey Tyrna
Experienced educator and scientist Dr. Abbey Tyrna joined Suncoast Waterkeeper in 2022Leave Your Comment
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Ray Goldsby commented 2024-08-30 17:50:59 -0400Chevron article, seems directionally challenging… This 40-year-old case, decided in 1984, set the precedent for courts to rely on agency interpretations for DOJ clarification. (WEL Post, 2/9) I am having difficulties learning if the Waterkeepers are in favor of promulgating EPA activities (or judgement for deference) vs filing legal suit against the EPA? The article presents “long-standing legal precedent…” for the Chevron deference. Again, I find that statement misconstrued. The Chevron deference when in use, culminated approximately 15% of the time the DOJ has existed.
Personally, when DOJ issues arise as they relate to Judicial Proceedings, I hold the following statement dear – "Perhaps most fundamentally, Chevron’s presumption is misguided because agencies have no special competence in resolving statutory ambiguities. Courts do. The Framers anticipated that courts would often confront statutory ambiguities and expected that courts would resolve them by exercising independent legal judgment. Chevron gravely erred in concluding that the inquiry is fundamentally different just because an administrative interpretation is in play. The very point of the traditional tools of statutory construction is to resolve statutory ambiguities. That is no less true when the ambiguity is about the scope of an agency’s own power—perhaps the occasion on which abdication in favor of the agency is least appropriate. Pp. 21–23.
Also of consideration, Federal Agency Administrators are political appointees. No political bias in the past with the Chevron deference? That would be an extremely difficult case to defend.
(WEL Post, 7/03) JUSTICE GORSUCH, concurring. “With time, the error of this approach became widely appreciated. So much so that this Court has refused to apply Chevron deference since 2016. Today, the Court places a tombstone on Chevron no one can miss. In doing so, the Court returns judges to interpretive rules that have guided federal courts since the Nation’s founding.” JUSTICE THOMAS, concurring. “Chevron deference also violates our Constitution’s separation of powers.” “The Framers drafted a Constitution that divides the legislative, executive, and judicial powers between three branches of Government. Chevron deference compromises this separation of powers in two ways. It curbs the judicial power afforded to courts, and simultaneously expands agencies’ executive power beyond constitutional limits.”
Another quote from Justice Thomas can be compared to the ‘lawfare’ we all witnessed recently; “Chevron deference also permits the Executive Branch to exercise powers not given to it. “When the Government is called upon to perform a function that requires an exercise of legislative, executive, or judicial power, only the vested recipient of that power can perform it.”
Personally, this SCOTUS decision when combined with SCOTUS May 25, 2023 decision removing isolated wetlands from CWA protections (Blog 3/01), and here in the State of Florida the February 15th Moss ruling (Blog 2/23) it appears the Courts are empowering private landowners to develop by removing hurdles. -
Ray Goldsby commented 2024-08-30 16:15:34 -0400Foremost, thank you Abbey for your tireless efforts and this publication. This factual specifics to this comment may be referenced on WEL’s url – wetlandextentlandward.com/blog RE – Save Our Wetlands to Save Us.
Post date 5/07, Careful what you wish for – provides insight into the actions taken by plaintiffs (seven environmental organizations, the deadly 7, Post 2/23) against the US EPA, US FWS and several top tier Federal Government Officials as the suit relates to the DC Judge Moss decision to remove the 2020 decision by the aforementioned agencies to delegate to Florida the “404” activities as related to the Clean Water Act. Your article states “These headwater channels often run dry …” Immediately, due to the Plaintiff’s suit, these headwater channels are no longer protected under the Florida Delegation. Florida was the 3rd State to receive such delegation, behind NJ and MI. under such all wetlands were delineated for over the past 20 years by using Dr. John D. Tobe’s methodology. (Post, 5/07) Dr. Tobe’s wetland delineation methodology (Florida’s method) is concerned with removing contaminates from the water as it infiltrates through the hydric soils allowing the reduction/oxidation (redox) chemical reactions to occur. If the delegation were to remain in place this Florida methodology would keep isolated wetlands protected. Due to lawsuit activities from the deadly 7, and SCOTUS decision of “Sackett vs EPA” to remove isolated wetlands from CWA protections (Post date, 2/23) wetlands without a “significant nexus” of surface water connection to “the waters of the United States” (waters of parlance or named water bodies) are no longer protected.
Therefore, under the Corps of Engineers wetland delineation methodology the areas of headwaters you have highlighted in your article are no longer protected. These areas can and will be developed without wetland mitigation criteria.
As for the Plaintiffs – ignorance is bliss. Did they understand Florida has utilized our own wetland delineation methodology for over 20 years?! Do they understand that in bringing this suit and the SCOTUS decision in “Sackett v. EPA,” they are seemingly wanting to remove isolated wetlands from the State of Florida protections!? Isolated wetlands in our state play a very integral role in providing water quality and quantity to all inhabitants of our state. Did the Plaintiff not realize this? (WEL blog 4/25) -
