Showdown on the St. Johns
|
We have numerous local, state, and federal agencies that are charged with protecting our natural resources. At the local level, some counties and cities have departments that are responsible for monitoring water quality, enforcing stormwater regulations, and preventing construction-site runoff from entering our waterways. At the state level, the St. Johns River Water Management District (SJRWMD) is responsible for issuing permits that allow water to be withdrawn from surface or groundwater supplies for "reasonable and beneficial uses". These type of permits are called Consumptive Use Permits (CUP). The SJRWMD also issues Environmental Resource Permits (ERP) that authorize the filling of wetlands. Florida Department of Environmental Protection (DEP) is the lead state agency responsible for environmental management. DEP administers regulatory programs and issues permits for air, water and waste management. They are involved in regulating and enforcing wastewater discharge permits, the illegal filling of wetlands, and in some cases, water quality violations resulting from sedimentation. The Environmental Protection Agency (EPA) is the federal agency that works to develop and enforce regulations and implement environmental laws enacted by Congress. EPA establishes national standards for a variety of environmental programs, and delegates to states the responsibility for issuing permits and for monitoring and enforcing compliance. When national standards are not met, EPA can issue sanctions and intervene. When a judge ruled in 2005 that DEP failed to establish an adequate nutrient pollution reduction plan for the lower section of the St. Johns River, EPA stepped in and took over this responsibility and developed the reduction targets, or total maximum daily load (TMDL). The US Army Corps of Engineers (ACOE) is the federal agency that issues permits for wetland and water quality impacts that are regulated by the Clean Water Act. In the state of Florida, an applicant must receive a permit from both the state (SJRWMD) and the ACOE in order to fill wetlands. An applicant must also receive a "water quality certificate" from the DEP. http://www.saj.usace.army.mil/ Unfortunately, our regulatory agencies do not always live up the missions that they have been charged with. Many reasons exist for inadequate management, enforcement and compliance of environmental laws and regulations. Florida Public Employees for Environmental Responsibility has found in the past through questionnaires and interviews with DEP personnel and in its 2005 "Employee Climate Survey" that divisions are often understaffed, laws are often not adequately enforced or are enforced inconsistently, political pressure is prevalent, and employees often fear reprisals. http://www.peer.org/news/news_id.php?row_id=3D655 Another potential problem within the state regulatory agencies is the fact many important decisions that affect the health of our river are made by laypersons that have been politically-appointed to a board or commission. The St. Johns River Water Management District is governed by members of its Governing Board who are appointed by the Governor. Regulation and rule changes by the DEP are determined by the Environmental Regulatory Commission that is comprised of members who also have been appointed by the Governor. When a state permit was approved to destroy approximately 130 acres of wetlands that form the headwaters of Julington and Pottsburg Creeks, it was the SJRWMD Governing Board that gave the thumbs up. When dissolved oxygen standards were lowered for a section of the St. Johns River last year, it was DEP's Environmental Regulatory Commission that gave the final approval. Many well-intentioned and qualified individuals do a fine job serving the public's interest, but our regulatory system is certainly vulnerable to political influence and special interests with intentions that are not always in the best interests of the river. Public Employees for Environmental Employees |
