DRAFT REPORT
-SOUTH FLORIDA GEOGRAPHIC INITIATIVE
ie
ATLANTIC OCEAN
GULF OF
MEXICO
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DRAFT
SOUTH FLORIDA
GEOGRAPHIC INITIATIVE REPORT
Prepared by:
U.S. Environmental Protection Agency
Region IV
In Consultation with:
The Florida Department of Environmental Regulation
and
other South Florida - State, Regional, Local and
Federal Agencies
Comments and inquiries on the draft report will be received
until March 30,1992 and should be directed to:
Environmental Policy Section, F.A.B.
U.S. Environmental Protection Agency, Region IV
345 Courtland Street, N.E.
Atlanta, GA 30365
Approved By: Date:
FEBRUARY 21, 1992
Greer C. Tidwell
Regional Administrator, USEPA, Region IV
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ABSTRACT
The South Florida Study encompasses a sixteen county area from
the headwaters of the Kissimmee River south to the Keys. This
study area contains the Everglades and Big Cypress Basins and
their respective watersheds. The Everglades system is an
internationally recognized unique ecosystem which has been
extensively altered by human development. In South Florida,
there are currently over 2 million acres of Federally managed
lands including 1.4 million acres (with an additional 107,000
acres authorized for acquisition) in the Everglades National
Park. In the adjoining Big Cypress basin the Big Cypress
National Preserve contains 0.57 million acres (with an
additional 146,000 acres authorized) The South Florida area
also is home to an estimated 6 million people, mostly
concentrated along the southeast coastline (Broward, Dade,
Martin, St. Lucie and Palm Beach Counties). Along the
southwest coastline, the estimated current population of 0.7
million is experiencing rapid growth which is projected to
continue for the next 20-30 years.
The Biscayne aquifer, underlying the urbanized areas of Broward
and Dade Counties, is a Federally-designated Sole Source
Aquifer, supplying drinking water to approximately 4 million
people. This aquifer and the surface waters of southeast
Florida are highly managed through a system of over 1500 miles
of canals and levees and 125 control structures known as the
Central and Southern Florida (C&SF) Project for Flood Control
and Other Purposes.
Adverse impacts to the quality of surface water, ground water
and ambient air have occurred as a result of the extensive
agricultural and urban development of the historic Everglades.
The current Everglades and the adjacent marsh system is
estimated to be only 64 percent of its historic size because of
agricultural drainage and urban conversions, and the watershed
that supports it has been reduced by 50 percent by drainage
diversions.
Although there are numerous planning and regulatory agencies at
all levels of government that are involved in the management
and protection of natural resources in the study area, there
are no effective mechanisms to facilitate better communication
and coordination among them. During the course of this effort,
numerous environmental issues were identified as well as
options to address those issues. In summarizing the salient
issues and options, six major environmental issue areas
emerged. The six principal areas of concern are: the
management of the fresh water resource, the continued loss of
aquatic and native habitats, the degradation of surface and
ground water, and air quality and the resultant increased
exposure to toxic and hazardous substances, the lack of a
unified coordination approach between EPA and other Federal,
State, regional and local agencies and the enhancement of
environmental monitoring and long term management decisions.
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TABLE OF CONTENTS
ABSTRACT i
TABLE OF CONTENTS ii
1.0 INTRODUCTION 1
2.0 CHARGE OF THE SOUTH FLORIDA TEAM 1
3.0 ORGANIZATION OF THE REPORT 2
4.0 REPORT SUMMARY 3
4.1 Overview of South Florida 3
4.2 Program Options 5
4.2.1 Improving the Management of
Freshwater Resources 5
4.2.2 Improving Native Habitat and
Bio-diversity Protection Efforts 8
4.2.3 Reducing Surface Water and Groundwater
Degradation 11
4.2.4 Improving Air Quality and Reducing
Toxic Chemical Emmissions 14
4.2.5 Enhancing Environmental Monitoring and
Long-Term Management Decisions 16
4.2.6 Improving Coordination of Inter-media
and Inter-Agency Activities 17
5.0 ENVIRONMENTAL STATUS AND ISSUES 22
5.1 Overview of South Florida Ecosystem 23
5.2 Water Supply 25
5.3 Water Resource Management Effects 27
5.4 Surface Water Quality 30
5.5 Mercury Contamination 31
5.6 Near Coastal Waters 33
5.7 Hazardous Wastes 36
5.8 Air Quality 38
5.9 Agriculture/Pesticides 41
5.10 Native Habitat Alteration 48
5.11 Federally Recognized Indian Tribes 50
6.0 RELEVANT STATUTES AND REGULATIONS
6.1 Background 53
6.2 Federal 53
6.3 State and Regional 55
6.4 Local 57
6.5 Issues 58
6.6 Actions 60
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7.0 PROGRAM COORDINATION 67
8.0 INTEGRATED DATA AND MONITORING 69
9.0 TECHNICAL DOCUMENT OVERVIEW 70
10.0 MAP FIGURES 70
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1.0 INTRODUCTION
Through the strategic planning effort, the Administrator of the
Environmental Protection Agency (EPA) designated South Florida
as the subject of a Geographical Initiative. This decision was
prompted by the recognition that South Florida's communities
are presently faced with numerous and complex environmental
issues which affect the well-being of the public and the area's
natural resources. Most of the issues relate to the needs of
agriculture, an expanding population and associated land use,
land conversion, and the long term protection of the unique
sub-tropical landscape and environs of the region. The role of
the EPA's programs in the South Florida system are being
reexamined via the South Florida Geographic Initiative. The
issues and options identified in this report are consistent
with the recommendations and goals of the Region's Strategic
Plan and the Agency's Four-Year Enforcement Strategic Plan.
2.0 CHARGE OF THE SOUTH FLORIDA GEOGRAPHIC INITIATIVE
The Regional Administrator initiated the South Florida
Geographic Initiative with the formation of a study team
charged with identifying and assessing salient environmental
issues of the region. In these assessments, the study team
considered the existing regulatory mechanisms in which EPA
conducts business in South Florida and EPA's relationship with
State, regional, local and other Federal agencies involved in
Florida's environmental affairs. The study team is charged to
develop a framework and information base from which the
Regional Administrator can evaluate and re-define, if
necessary, pertinent EPA activities to enhance the Agency's
mission and complement the State's environmental agenda in
South Florida.
Convened in April 1991, the study team is comprised of senior
regional staff representing a cross-section of the programmatic
expertise of the Region. The study area encompasses 16
counties in the Kissimmee River-Lake Okeechobee-Everglades
watershed, the Big Cypress watershed and the adjacent near
coastal waters (figure 1). This area also closely corresponds
with the boundaries of the South Florida Water Management
District (SFWMD), which are based on the major watersheds.
The principal investigative strategy of the study team involved
numerous interviews of key personnel of Federal, State,
regional and local agencies engaged in planning and regulatory
functions concerning environmental quality and natural
resources in South Florida. This activity was supplemented
with literature reviews and information gained from the
environmental research
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community and from Regional personnel knowledgeable in the
regulatory programs for South Florida.
The primary team members are:
Delbert Hicks/ Chair
Rutherford B. Hayes
Maryann Gerber
Carlton Layne
Philip G. Mancusi-Ungaro
Thomas Moore
Heinz Mueller
Camilla Warren
Carol Kemker
Chief, Ecological Support
Branch, BSD
Chief, Ground Water
Technology Unit, WMD
Senior Staff, Wetlands
Planning Unit, WMD
Chief, Pesticides Section,
APTMD
Assistant Regional Counsel,
ORC
Liaison and Special Assistant
to the Regional Administrator
Chief, Environmental Policy
Section, 0PM
Chief, Hazardous and Solid
Wastes Unit, WASTMD
Senior Staff, Air Programs
Branch, APTMD
3.0 ORGANIZATION OF THE REPORT
This report provides a general overview of the major
environmental issues identified by the South Florida study team
and possible policy options and actions for consideration in
addressing the issues. Section 4.0 provides a summary of the
primary issues and policy options that are applicable. Section
5.0 presents a more detailed description of the issues analyzed
and actions available for addressing the issues. Section 6.0
describes the regulatory programs of the federal, state,
regional and local agencies with jurisdiction in South Florida.
Section 7.0 discusses the importance of intra- and inter-agency
coordination while Section 8.0 outlines the integrated data and
monitoring requirements.
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4.0 REPORT SUMMARY
4 .1 Overview of South Florida
The environmental issues facing the people of the south Florida
peninsula are numerous and complex. South Florida is comprised
of areas of extensive urban and agricultural development
coexisting side-by-side with environmentally sensitive wetland
habitats and other natural resources. The Everglades is an
internationally unique ecosystem. The current Everglades and
adjoining marsh system is only 64 percent of its historic size
due to agricultural and urban conversions. The watershed that
feeds it has been reduced by 50 percent because of drainage and
diversions. (Refer to figure 2). Of the remaining current
acreage, 1.4 million acres (with an additional 107,000 acres
authorized for acquisition) are within the boundaries of the
Everglades National Park (ENP). Adjacent to the Everglades is
the Big Cypress National Preserve contains 0.57 million acres
(with an additional 146,000 acres authorized for acquisition).
Federal lands are managed for their value as natural
resources. (Refer to figure 3 for location of Federally held
lands). The South Florida area also is home to an estimated 6
million people, mostly concentrated along the southeast coast
(Broward, Bade, Martin, St.Lucie and Palm Beach Counties). The
southwest coast (Monroe, Collier, Charlotte and Lee Counties),
however, is experiencing rapid growth in population, and
projections indicate that the existing population of 0.7
million is expected to double in the next 20 to 25 years.
The Biscayne aquifer, underlying the urbanized areas of Broward
and Dade Counties, is a Federally-designated Sole Source
Aquifer (Refer to figure 1), supplying drinking water to
approximately 4 million people. This aquifer is highly
vulnerable to contamination from surface sources and to salt
water intrusion in the coastal areas. Partly in order to
mitigate for these effects (and partly for flood control
purposes) fresh water from Lake Okeechobee and the Water
Conservation Areas (WCAs), through a system of canals and
control structures known as the Central and Southern Florida
(C&SF) Project for Flood Control and Other Purposes, is
diverted to the coastal, urbanized areas. The C&SF Project is
managed by the Corps of Engineers and the South Florida Water
Management District (SFWMD). The canal system is designed to
maintain hydraulic heads in the Biscayne Aquifer that will
minimize salt water intrusion and to establish wellhead
protection areas for major public water supply wellfields.
Water for irrigation is also diverted from Lake Okeechobee to
the Everglades Agricultural Area (EAA) north of the
Everglades. During periods of high rainfall, excess runoff is
released from the EAA into the canals, and subsequently into
the WCAs. These released stormwater flows contain levels of
nutrients and other contaminants related to agricultural
practices in the EAA that have an adverse effect on the wetland
habitats in the WCAs. Flow is generally through the WCAs into
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ENP, so water quality in the Park may also be adversely affected
Due to the alternating wet and dry seasons in South Florida,
water resources are carefully managed. As mentioned above,
during the wet season (May-October) excess rainfall is
discharged from the EAA, and from the urban areas, into the WCAs
or into tidewater canals which are connected directly to
Biscayne Bay and other estuarine systems. This stormwater, in
addition to contaminants related to agricultural practices, may
contain other contaminants characteristic of urban runoff which
enter the estuaries or the WCAs. During the dry season
(November-April), water is diverted from the WCAs and/or from
Lake Okeechobee to support the demands of agricultural and urban
users. Urban use is primarily for public water supply; the
effluent from the regional wastewater treatment facilities is
primarily discharged into the Gulf Stream.
Adverse impacts to the quality of surface water, ground water
and ambient air have occurred as a result of the extensive
agricultural and urban development of the historic Everglades.
Surface waters have been degraded as a result of agricultural
practices, including fertilization and pesticide application.
Point source and non-point source discharges in urban areas have
resulted in contamination of urban surface waters. Improper
waste disposal practices in the form of unlined landfills,
percolation ponds, French drains, etc., have resulted in
widespread contamination of ground water, particularly in the
Biscayne aquifer. Agricultural burning and other openburning
practices contribute to air quality problems, such as visibility
impairment. The urbanization of the region has resulted in an
increase in ozone precursors and toxic air emissions from mobile
and stationary sources such as motor vehicles, power plants and
waste incinerators. All of these impacts increase the exposure
to toxic and nuisance substances experienced by the public and
by environmental receptors (eg., aquatic life, terrestrial flora
and fauna, etc.).
Although there are numerous planning and regulatory agencies, at
all levels of government, involved in the management and
protection of natural resources in the study area, it appears
that better coordination among them is possible. In addition,
two Indian Tribes, the Seminoles and the Miccosukee, have
Reservations in the study area. In some programmatic areas,
such as wetlands protection, local, regional, state and Federal
programs all are involved. Again using the example of wetlands
protection, multiple programs may also be involved at any given
level of government, such as EPA and the Corps at the Federal
level, FDER at the state level, SFWMD at the regional level and
in some cases local agencies. The multiplicity of these
planning and regulatory agencies has resulted in an overlap of
responsibilities for complex issues without the development of
comprehensive, consistent policies which are available to all
interested parties.
In summary, the entire South Florida peninsula may be viewed as
a single hydrologic basin that supports numerous interrelated
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activities. These various activities, ie., agriculture,
drinking water supply, maintenance of wetland habitats, flood
control, urbanization, etc., are necessarily interdependent,
since all draw primarily upon the same resource, fresh water.
The impacts associated with each specific use are varied, and
include impacts on the water and air quality, native habitat and
the hydrology of the area. EPA's involvement in this overall
system of inter-related and interdependent activities should be
expanded.
To facilitate an overview of proposed options which EPA may
follow, the many environmental issues identified in this study
have been grouped into six principal areas of concern. Those
areas of concern are: the management of the fresh water
resource; the continued loss of aquatic and native habitats; the
degradation of surface and ground water, and air quality and the
resultant increased exposure to toxic and hazardous substances;
the lack of a unified coordination approach between EPA and
other Federal, Tribal, State, regional and local agencies; and
the enhancement of environmental monitoring and long term
management decisions. In the following, each issue area is
discussed and possible options for resolution identified.
4.2 Program Options
4.2.1 Improving the Management of Freshwater Resources
Issue Summary;
The primary issue identified is EPA's role in developing a
comprehensive freshwater resource management strategy that
provides effective use and conservation of freshwater and
balances the freshwater requirements of growing urban and
agricultural communities with maintaining a healthy South
Florida ecosystem including the Everglades and Big Cypress
basins.
EPA has no direct authority over the allocation or management of
water resources. The Agency's responsibility rests primarily
with water quality. Management of the water resources, however,
has indirect or secondary impacts on issues and programs over
which EPA does have direct authority, as either the Agency
implementing the program or overviewing programs or functions
delegated to the State. In this context EPA can and probably
should examine the water resources management practices within
the study area. As part of the Federal family, EPA may play a
role as technical advisor to other Federal agencies that are
directly affected by water resource management activities in the
study area, such as the National Park Service (NPS) or the U. S.
Fish and Wildlife Service (FWS). As the Federal agency
primarily responsible for maintenance of water quality in waters
of the United States, EPA has a responsibility to examine water
resource management practices to the extent that they may impact
or otherwise affect water quality.
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Policy Options and Actions for Consideration;
The effective management of fresh water resources in South
Florida is of critical importance. EPA should work
cooperatively with the State and other parties to ensure that
ecological needs are given a high priority along with the other
competing uses.
1. Comprehensive Evaluation of the System
o EPA should work with the DER, SFWMD, DNR, Corps, NFS
and USFWS to prepare a comprehensive evaluation of the
Central and Southern Florida (C & SF) canal/drainage
system. An area-wide watershed assessment and EIS
would be an appropriate forum. To establish a baseline
for planning and integrated assessments of future
proposed modifications, the evaluation would examine in
detail the impacts associated with the fresh water
resource management practices historically utilized by
the Corps of Engineers and the SFWMD. Specific
emphasis should be placed upon the ecological and
social consequences of hydrologic alterations made to
the system for flood control, water supply and
environmental enhancement purposes. Modifications to
address impacts would be evaluated to meet the needs of
all the competing uses.
o EPA and the above parties should also cooperatively
formulate a long-term freshwater resource management
strategy which emphasizes freshwater conservation;
safeguards important ecological systems such as ENP,
Big Cypress, and Florida Keys; and meets the needs of
the urban and agricultural communities.
Based on their responsibilities for civil works and
S404, the Corps under NEPA would probably be considered
the lead federal agency. Because of the direct
importance of the system on the SFL wetland habitat and
water quality, EPA has an important role and should
consider being a cooperating agency on the study. Due
to the far-reaching nature of past and present
alterations, an area-wide discretionary EIS and
watershed assessment could be prepared, or specific
proposed projects to modify the system could constitute
the trigger to initiate a comprehensive impact
evaluation.
The Jacksonville District Corps has major planning,
engineering and operating responsibilities for the
system and, therefore, is a key player (e.g., possible
lead/co-leader or principal participant). The Corps
has Congressional authorization to develop a
comprehensive model to evaluate the impacts of system
changes on the habitat and hydrologic regime of the
ENP.
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The State's important role in the management of the
system, both on regulatory and technical levels, makes
the involvement of agencies such as DER, DNR, and SFWMD
essential. The SFWMD has both the major regulatory and
operating responsibilities as well as hydrologic
modelling capability and the landcover database
critical to the evaluation.
2. Technical Guidance for Implementation
o To provide a sound technical and implementation
framework, EPA could provide resources to aid local,
regional and state planning and regulatory agencies in
the development and implementation of policies,
programs and methods that incorporate environmental
priorities. For example, EPA could provide leadership
in funding a comprehensive, large*-scale project that
incorporates the concepts of water re-use, Aquifer
Storage and Retrieval (ASR) and alternate source
utilization by re-configuring existing sewage treatment
facilities that inject treatment waste water or
discharge to ocean outfalls. Re-use water distribution
lines could be constructed, and excess water could be
injected into the Upper Floridan for later recovery,
rather than into the Boulder Zone, where it is
irretrievably lost.
Water conservation planning is getting increased
attention on all fronts including EPA and therefore,
opportunities for funding demonstration projects such
as industrial conservation, reuse, and plumbing refits
should be explored.
EPA should work closely with local, regional and State
agencies such as DER and SFWMD that have primary
resposibilities on this issue to help determine the
most appropriate approaches to conserving water
resources. SFWMD is currently completing a Water
Supply Policy which will be followed by Regional and
Sub-Regional water supply plans.
3. More Effective Use Of Existing Mechanisms Such As NEPA and
§404
o Emphasize rigorous evaluation of all technically
feasible alternatives to water resource projects that
involve consumptive use of fresh water in the National
Environmental Policy Act (NEPA) review and the Clean
Water Act (CWA) Section 404 Programs (eg. Dade Co.
Wellfield EIS and §404 Permit).
EPA has broad discretion to comment on projects under
NEPA and §309 of Clean Air Act (CAA). However, we may
be limited in affecting the final decision unless we
use our powers under §404 to facilitate the selection
of an alternative.
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consistent with avoidance or minimization of wetland
impacts.
Because of State's key responsibilities on consumptive
use and resource management issues, we need to
coordinate our involvement with DER and SFWMD.
4.2.2 Improving Native Habitat and Biodiversity Protection
Efforts
Issue Summary;
The absence of a coordinated, landscape scale effort among
regulatory programs results in inefficiencies and reduces the
effectiveness of habitat protection efforts. Habitat impacts
continue to result from activities including: urban and
infra-structure construction, agricultural conversions, mineral
extraction, water quality changes, and exotic species
infestation.
Large areas of aquatic and terrestrial habitat are being
destroyed or degraded in South Florida in spite of federal,
state, regional and local regulatory programs. For EPA to
effectively deal with the loss and degradation of valuable
habitat in South Florida, the Agency should evaluate problems
and make decisions from a watershed/landscape scale perspective
that includes the uniqueness of the resources and the complex
patterns of development and social needs. The South Florida
watershed, which includes most of the peninsula south of
Orlando, is the perspective. A holistic approach which includes
consideration of both upland and aquatic systems is lacking.
This concern is shared by virtually all involved agencies in the
state. The alteration of native wetland and upland habitat is
of major concern in South Florida. Although a number of varying
estimates on the extent of past losses and the status of the
current system have been developed, a shared CIS habitat/land
cover data base is critical for any coordinated protection
efforts. The SFWMD has estimated that between 1989-1990 alone
over 1 million acres of South Florida natural wetland and upland
habitat were adversely impacted by agricultural and urban
development activities. According to recent Florida Game and
Freshwater Fish (FG&FWFC) data, an estimated 4 million acres of
herbaceous wetlands were lost in Florida between 1936 and 1987,
700,000 acres of that amount were destroyed in the Everglades
ecosystem. The Center for Wetlands estimates that from 1900 to
1973 32 percent of the wetlands in the South Florida area,
including the Kissimmee basin, were lost. Even with
environmental regulations in effect since the 1970's, wetland
losses have continued at an estimated annual rate of 26,000
acres state-wide.
Policy Options and Actions for Consideration;
Because of the need for a watershed scale approach in dealing
with habitat issues that considers all of the competing needs
for natural resources, EPA's programs should be examined and
redefined to allow for broad-scale, long range evaluation,
planning and coordination in South Florida. EPA's Strategic
Plan can serve as the framework to improve efforts in habitat
protection by providing an organized means to
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share and integrate multi-program and inter-agency data bases
and activities. The Region has several programs that directly
or indirectly play a role in habitat protection. The Region's
various responsibilities in the Section 404 permit program
provide a number of options to deal with the protection of
wetland and aquatic resources. Under NEPA and Section 309 of
CAA, EPA can help to minimize or avoid impacts to upland and
aquatic resources resulting from federally sponsored projects.
The Environmental Monitoring and Assessment Program (EMAP)
provides a quantitative means to accurately monitor the extent,
distribution, and condition of the habitat resources via
multi-agency involvement. This approach fosters coordination
and cooperation, and common data bases. These projects can have
major effects on the South Florida environment.
1. Initiate Watershed Scale Program Planning and Evaluation
o Implement EPA Region IV's Strategic Plan for Habitat
Protection Including:
Emphasize holistic landscape approach to habitat
related issues including protection of land-water
systems and wildlife corridor protection and
re-establishment.
Supplement and help coordinate a shared area-wide
integrated CIS data base of remaining aquatic and
terrestrial habitat, accessible by all government
regulatory and planning agencies. The SFWMD,
Florida Game and Fish and others have already
developed considerable data bases.
Conduct areawide evaluation of remaining natural
aquatic and terrestrial habitat including mapping,
prioritization, and cumulative loss analysis.
Monitor landscape/habitat changes through the
Environmental Monitoring and Assessment Program
(EMAP) strategy.
o Utilize NEPA process to broadly examine federal
activities affecting habitat; to consider alternatives
to project proposals; and to evaluate cumulative
impacts.
o Expand the Wetland Advance Identification (ADID)
program. The program should include provisions for
full public participation so that comments and input
from all interested parties are solicited and
considered. Other areas of importance include:
Consider the use of the Wetland Advance
Identification (ADID) process as a means of
minimizing wetland losses in the course of land
conversions, especially as it applies to
agricultural lands.
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As part of EPA's role in the Florida Keys Marine
Sanctuary Act, in the Keys focus on the §404 and
ADID processes as a means to complement the water
quality protection program, and ensure that the
transient habitat between the marine and the
upland environment is maintained.
2. Focus Regulatory Programs on Special South Florida Needs
o Examine Section 404 program policies and procedures to
allow for a sustained, consistent and aggressive effort
that considers the unique natural resources and special
needs of South Florida. Areas for considerations
include:
Expand the Section 404 regulatory review process
to include a rigorous watershed-perspective
evaluation of technically feasible alternatives
and significant degradation.
Develop and implement, with coordination and
input from other appropriate agencies at both the
state and federal level, a comprehensive policy
and guidance in South Florida for the mitigation
of unavoidable impacts associated with permitted
Section 404 activities.
Assure coordination between EPA's wetland
regulatory and planning activities. Merging the
two programs should be considered.
Evaluate, and within the limits of the regulatory
constraints, streamline the Section 404 (c) permit
veto process to aid in the goal of wetland
protection.
Evalu'ate EPA's role in exotic species (e.g.
Melaleuca) control.
o In consultation with the State and the Corps, provide
leadership in the enforcement of the Section 404
program in South Florida, including:
Consider increasing the staff dedicated to
wetlands permit review and enforcement in the
South Florida area.
Examine the existing Memorandum of Agreements
(MOA) with the Corps of Engineers with the intent
of improving EPA's participation in the
enforcement of dredge and fill (§404 of CWA)
violations in jurisdictional wetlands.
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3. Improve Inter-agency Coordination of Habitat Protection
o Develop and improve communication and coordination
between EPA and other Federal, State, regional and
local agencies responsible for the management of
environmental resources in South Florida. Actively
participate in environmental initiatives such as
Surface Water Improvement and Management (SWIM)
planning and comprehensive planning being done at
State, regional and local levels.
Coordinate landscape scale efforts among regulatory
programs to increase efficiencies and enhance ability
to monitor and protect habitat.
Undertake cooperative efforts on technical studies for
specific problems e.g., mitigation approaches and
success criteria.
Explore opportunities for joint regulatory/enforcement
actions, single and multi-media.
4.2.3 Reducing Surface Water and Groundwater Degradation
Issue Summary:
Adverse impacts to the quality of surface water, ground water
and ambient air have resulted from extensive agricultural and
urban development of the historic Everglades. Degradation of
surface water quality has paralleled expansion of agricultural
practices involving irrigation and stormwater runoff from
fertilization, pesticide application, and lifestock areas .
Point source and non-point source discharge in urban areas have
resulted in contamination of urban surface waters. Improper
waste disposal practices in the form of unlined landfills,
hazardous waste sites, percolation ponds, French drains, etc.,
have resulted in widespread contamination of ground water,
particularly in the Biscayne aquifer. Seasonal burning of the
sugar cane fields and possibly pesticide containers contribute
to air quality problems, in addition to those associated with
urbanization such as auto, industrial and powerplant
emissions. The Toxic Release Inventory for the urbanized area
of Southeast Florida indicates that the region has a relatively
high level of industrial toxic chemical releases. All of these
impacts increase the exposure to toxic and nuisance substances
experienced by the public and by environmental receptors (eg.,
aquatic life, terrestrial flora and fauna, etc.).
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Policy Options and Actions for Consideration;
1. Give High Priority to Corrective Action and Pollution
Prevention Actions with Broad Multi-Media Approach
o Establish highest priority on current remedial,
corrective and pollution prevention actions in the
study area. Examples are Superfund cleanups, Resource
Conservation and Recovery Act (RCRA) corrective
actions, RCRA permitting, NPDES permitting and
enforcement and reduction of air emissions. Focus on
effective overview of delegated programs for the same
purposes, ie.f reduction of environmental degradation
and exposure.
o Long-term changes in the unique subtropical ecology and
landscape of South Florida and the effects of
environmental protection programs should be subjects of
a precise, accurate and integrated monitoring strategy
such as EMAP. A joint monitoring agenda for local,
state, regional and federal programs should be sought.
o Increase the civil and criminal enforcement of federal
environmental statutes and regulations in those areas
of South Florida where violations have occurred
including EPA programs delegated to the State of
Florida through cooperation with the appropriate
agencies. A federal criminal investigator should be
stationed in South Florida to develop cases, enhancing
the deterrent effect of criminal enforcement.
2. Determine the Sources, Migration Pathways, and Environmental
Consequences of Mercury Contamination
o Support a study effort for the purpose of identifying
the sources and migration pathways for mercury
contamination in the study area. The extent of mercury
contamination in all media (eg., soils, sediments,
surface waters, fish tissue, air emissions, etc.)
should be identified and fates determined. Potential
responses that will eliminate migration and/or exposure
pathways should also be investigated as part of this
study effort. The State of Florida has requested EPA
assistance in their on-going efforts to identify the
source and extent of mercury contamination. EPA can
provide specific technical assistance in conducting
analytical research and provide monetary support for
the State's continued investigation.
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3. Examine Pesticides Program Actions Affecting S. Florida
o Conduct or sponsor a comprehensive study of potential
pesticide surface water and groundwater contamination
in the West Bade Agricultural Area (WDAA). The study
should address non-point contamination and mixing
loading sites and consider what chemicals are being
applied and when applications are made.
o More actively assist in pesticide and nutrient
monitoring efforts in South Florida. The monitoring
strategy should consider implementation of the EMAP
framework. The number of monitoring stations should be
expanded to include each of the agricultural areas,
Biscayne Bay and the Keys; sampling should occur at
greater frequency and be coordinated with actual
pesticide use patterns; and the specific analyses
conducted should be consistent with the pesticides
being used.
4. Examine Surface and Groundwater Program Actions Affecting
S.Florida
o Place greater emphasis on water quality impacts in
review of Section 404 permits in the study area.
o Seek a means to evaluate long-term water quality
impacts from regulatory releases from Central and
Southern Florida canals through the NEPA/EIS process.
o Because of the unique nature of South Florida's canal
and water management system, examine the application of
NPDES permitting to the area.
o For groundwater, work with the state, regional and
local governments to implement wellhead protection
programs, enact stricter controls on activities that
have the potential to adversely impact ground water
quality, rapidly complete remedial or corrective
actions at RCRA, CERCLA, and other waste disposal sites
that have already been identified, and initiate
comprehensive, aggressive, multi-media enforcement
efforts directed at continuing sources of ground-water
contamination.
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4.2.4 Improving Air Quality and Reducing Toxic Chemical
Emissions
Issue Summary;
The urbanization and agricultural development of the South
Florida region has been accompanied by a decline in air
quality. Problems such as ozone nonattainment, toxic chemical
releases, and visibility impairment to a Class I area are
present in this region. Continued urban development and some
agricultural practices (i.e., open burning) will only exacerbate
these air quality problems unless a pro-active approach to
mitigate these problems is initiated. The vast growth in
population has resulted in an increase in both the number of
vehicles and stationary sources which have increased the
inventory of ozone precursors and toxic emissions. Under the
guidance of the Clean Air Act Amendments of 1990 (CAAAs), the
Miami-Fort Lauderdale airshed is classified as a moderate
nonattainment area for ozone. This airshed includes the
counties of Bade, Broward, and Palm Beach. The CAAAs specify
milestones which must be met by a moderate nonattainment area in
forming a plan for and achieving attainment of the National
Ambient Air Quality Standard (NAAQS) for ozone.
In addition to an increase in toxic emissions there is also
concern that the presence of mercury in the Everglades may be
linked to atmospheric deposition. The Air Programs Branch has
developed a strategy consistent with Title III of the CAAAs that
should reduce the emission of toxic chemicals. Agricultural and
other burning practices have lead not only to the release of
toxics, but also visibility impairment in the Everglades
National Park, a Class I area. Both EPA and the National Park
Service (NFS) hold the view that there is an obvious need to
develop effective and enforceable smoke management measures
that will protect the Everglades from smoke impacts emanating
from agricultural areas.
Policy Options and Actions for Consideration;
1. Emphasize the need to identify and study the status of the
air quality in the South Florida Area
o Continue to encourage state and local pollution control
agencies to conduct studies which characterize and
identify the components and conditions of the ambient
air.
o Enhance the development activities of the emissions
inventory database.
o Compile a source inventory list of facilities and their
respective emission types and quantities.
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2. Develop a strategy to reduce emissions of ozone precursors
and reduce ambient concentrations of ozone
o Assist the state and local agencies in developing and
implementing plans to achieve and maintain attainment
of the NAAQS for ozone as specified by the CAAAs.
o Encourage pollution control agencies in South Florida
to continue to voluntarily institute inspections and
maintenance programs and stage II controls.
o Ensure that state and local agencies have enforceable
programs to require installation and monitoring for
emissions regulated under the NAAQS requirements.
3. Devise a mechanism to reduce toxic emissions and maintain
reductions from sources in the South Florida region
o Solicit state and local agencies which are in the
process of implementing the CAAAs regulations for
emission reductions to participate in the Early
Reductions Program.
o Enhance the monitoring network that will track and
identify the pathways for atmospheric deposition and
enhance the emissions inventory of mercury, other heavy
metals, and toxic chemicals.
o Enhance control alternatives and technologies that will
reduce/prevent impacts' from toxic emissions.
o Develop and implement a tracking system to monitor the
progress and accomplishments of the Early Reductions
program activities.
4. Determine the source and migration pathway of mercury
contamination
o Increase funding and participation in studies that will
result in the identification of sources of
contamination/emissions of mercury. Determine the
contribution of mercury deposition to other media (air,
soil,and water).
o Assist and/or provide technical guidance in the
enhancement and implementation of standard analytical
protocols for trace level mercury determinations
(monitoring and analytical).
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5. Develop a strategy to improve visibility in the Everglades
National Park
o Provide coordination for the efforts of EPA, Florida
and NPS to develop enforceable smoke management
measures that will protect the Florida Everglades from
smoke impacts.
o Facilitate coordination of the Air and RCRA Program
activities towards revising open-burning
regulations/practices that result in health and/or
environmental impacts.
4.2.5 Enhancing Environmental Monitoring and Long-Term
Management Decisions
Issue Summary;
Meeting and sustaining the needs of agriculture and expanding
urbanization in South Florida have resulted in the continued
loss and degradation of native ecosystems. Deterioration in
environmental quality is a subject of wide-spread concern to the
public and to the local, regional, state and federal resource
management agencies. The erosion of native ecosystems and
environmental quality has and continues to escape the adequate
definition by current monitoring strategies. These monitoring
efforts are often divided among local, regional, state and
federal programs. In most cases, partially due to limited
resources, monitoring objectives are media and chemical specific
and do not result in an integrated or holistic view of
environmental quality in South Florida. This results in local,
state and federal responses to changes in environmental quality
which may have conflicting purposes.
Policy Options and Actions for Consideration;
The Agency's policy regarding environmental monitoring in this
area is one of indirect involvement and represented primarily by
the contribution of funds to state 105 and 106 grants. This
approach establishes the state as the principal monitoring
agent. The monitoring agenda generally focuses upon media
specific compliance and attainment objectives. Changing
priorities, narrow scope, inadequate funds and lack of human
resources preclude attainment of an integrated, holistic
environmental monitoring strategy suited for long term,
effective resource management by local, regional, state and
federal agencies. Due to the extensive lands and ecosystems
under national management authority and their unique placement
in the unifying hydrological regime of the region (i.e.
Everglades National Park, Biscayne National Park, Big Cypress
Preserve, the Florida Keys), federal involvement including EPA
in the
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environmental management of these resources in South Florida
appears paramount. EPA's direct involvement in the development
and implementation of environmental monitoring in South Florida
should be assessed.
EPA's direct involvement in the future monitoring strategy for
South Florida appears appropriate and strategically possible via
the Environmental Monitoring and Assessment Program (EMAP).
This program, as designed, offers a statistically based and
integrated approach to holistic assessments where relevant
ecosystems and related environmental indicators are monitored.
This approach represents a significant departure from
traditional monitoring because it directly evaluates the
condition of ecosystems on a statistical basis. Long-term,
environmental status and trends are articulated in accurate
terms. An ecological baseline is established to judge
environmental effects of lands, water and air uses and to
evaluate effects of pollution abatement and environmental
restoration efforts.
EMAP is not intended to displace compliance and attainment
objectives of current monitoring strategies. Rather, EMAP
expands existing monitoring considerations to include the
response of ecosystems to long-term broad based, environmental
perturbations, identify causes and effects, provide an
information basis for judging benefits of remediation, and
addressing special research needs such as required to resolve
the mercury threat to the public and ecology of Florida. The
EMAP approach will facilitate interagency coordination and
cooperation, information exchange, diminish duplication of
effort and increase the resource expertise to articulate
representative and accurate assessments of ecological conditions
and trends in South Florida.
EPA would serve as the lead agency in implementing EMAP. EMAP
would best be implemented in a progressive manner with the
long-term goal (4 years) of monitoring several ecosystems
including integration and overall assessment. To realize the
benefits of EMAP, however, a long-term commitment of resources
is required.
4.2.6 Improving Coordination of Inter-media and Inter-Agency
Activities
Issue Summary;
As is the case in most states, the South Florida area is divided
into numerous political, jurisdictional, and programmatic
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boundaries which varies from agency to agency. This increases
the difficulty of the comprehensive management and protection of
natural resources. To overcome this, coordination among media
programs is needed both within EPA and between EPA and other
agencies. The present level of coordination diminishes the
effectiveness of existing mechanisms such the National
Environmental Policy Act (NEPA) and the comprehensive planning
processes. The use of these programs should be considered as a
means for greater media involvement on federally funded and
regulated activities.
Policy Options and Actions for Consideration;
Integrated multi-media processes such as NEPA or a program
paralleling the NEPA process can provide early involvement
across program activities and on-going participation in
long-range planning and design activities, eg., C&SF Project
modification projects, and SWIM proposals. Although NEPA
jurisdictional application is limited to certain projects, a
program could be developed that parallels the NEPA process.
Additional focus is also necessary in coordinating EPA's
interactions with state, regional, local, and other federal
agencies. Although long-range inter-agency coordination is
greatly lacking, in the short-range greater use can be made of
existing mechanisms such as the State's SWIM and the
comprehensive growth planning processes. Much can be
accomplished by greater and more constant participation in these
on-going processes which are designed to coordinate across
jurisdictional lines. Even recognizing the differing missions
of the agencies involved in South Florida, a more constant and
focused involvement is necessary for improved environmental
planning efforts resulting in earlier identification and
resolution of policy conflicts.
The establishment of effective inter-media and interagency
coordination is essential for addressing the interconnected
environmental issues in S. Florida. Because of the critical
need for effectively coordinating the various efforts inside and
outside of the agency, EPA should consider forging a closer
working relationship with the State and other appropriate
agencies. The development of such a structure for coordinating
the agency's involvement in S. Florida is important for
comprehensively addressing the key environmental issues such as
the management of the freshwater quality and quantity, and
protecting important habitat. Increased coordination and policy
considerations include:
1. Development of a Coordination Structure within Region IV
o Create an organizational element within Region IV with
the express purpose of coordinating EPA's planning and
regulatory concerns and activities in the study area
with State, regional and local counterparts and the
Indian Tribes. This organizational
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element should be broad-based and program-oriented,
with representation from program offices that are
experienced and knowledgeable regarding environmental
issues in South Florida. The location of this
organizational element is less important than assuring
that a continued and effective presence is
maintained in the study area.
o Consider the development of a cross-program,
multi-media policy, eg., linkage of drinking water
guidelines and habitat protection, for sustained
participation in the resolution of environmental issues
in the study area. This policy, once developed, should
be distributed to all potentially affected parties,
eg., the regulated community, public
interest/conservation groups, regulatory and planning
agencies at the state, regional and local level and
other Federal agencies with responsibilities related to
environmental and natural resource protection.
The level of involvement and structure of the
coordination process needs to be carefully explored in
terms of organizational and resources ramifications
within the Region and Agency. Several options exist in
terms of the organizational structure including: using
an existing coordination process such as NEPA/309
coordinations, establishment of a standing S. Florida
inter-program coordination workgroup or establishment
of a separate program office (eg., the Gulf Program).
One possible approach would be an interim work group
with some program resource commitments as a first step
to a more expanded identity.
o An ongoing, continued presence in S. Florida is
important under any option. Again a number of interim
and long-term possibilities can be explored including:
having an identified staff in the Regional Office with
an ample travel/expense budget to support a strong
local presence; or considering a separate or
agency-shared S. Florida office with permanent and/or
rotating media staff.
o Headquarter's program involvement and support is
necessary for these increased commitments. Funding
support as requested in the Geographic Initiative for
South Florida is necessary for a sustainable effort.
2. Establishment of a formal coordination structure with state
and other agencies
o Develop, along with the various other Federal, state,
regional, Indian Tribes, and local agencies, a formal
structure for coordination with and participation in
state and local planning
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activities as they related to EPA's regulatory
programs. EPA's role in state, regional and local
planning efforts should be to inform the planning
agencies of potential conflicts and opportunities that
could be created with respect to EPA programs, policies
and regulations, and to identify the constraints that
those policies and regulations may place upon planned
development. EPA should provide technical input for
planning efforts in the study area including county
comprehensive plans, surface water improvement and
management (SWIM) plans, and regional water supply
plans. For Federal projects, the NEPA review function
should be more fully utilized to provide early
involvement and participation in projects that impact
water resources and habitat in the study area.
Intra-region and headquarters program discussions are
needed to explore the feasibility and desirability of
greater coordination with state and other agencies.
Increased level of coordination on state and local
activities will require additional staff travel and
contractor resources. A level of involvement which is
sustainable over the longer-term needs to be
determined.
The level and formal structure needs to be explored
with the Governor and other appropriate state
officials. A number of options exist including: a)
Expanded use of existing administrative processes such
as federal NEPA/309 coordination, State Clearinghouse,
Coastal Zone Consistency Reviews, and SWIM process; b)
Entering into a cooperative agreement to formally
define the level and mechanism for state-EPA
interaction; or c) Utilizing an existing or new
interagency or public environmental council as a forum
for discussing S. Florida issues and sharing policy and
technical information. One possible option which
should be explored is the establishment of a Federal
Advisory Group as a mechanism to coordinate policy
review.
Numerous opportunities for increased interaction and
joint efforts exist. Possible areas include:
a) Sharing of information/data bases on land cover,
habitat, etc.
b) Jointly sponsored technical studies and research,
eg., mercury studies;
c) Joint planning efforts utilizing the Adv. ID and/or
SWIM processes; and
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d) Cooperative regulatory and enforcement actions.
e) Inter-agency approach to implementing EMAP.
3. Improve Indian Tribal Environmental Program and Coordination
o EPA should set up a point of Indian Contact for the
South Florida study area to coordinate and assist the
Indian Tribes in their environmental effort. This
contact should keep all parties aware of current
environmental matters/concerns.
o EPA should assist the Indian Tribes in the South
Florida study area in all environmental areas with
technical assistance and where possible, grants to
ensure Indian Tribal compliance with environmental
regulations. Assistance in making environmental
decisions should be made available to the Tribes at all
levels.
4. Development of an "Outreach" Program
o EPA should develop "outreach" programs in order to
better incorporate the concerns of citizens,
environmental and conservation groups in the study area
into planning efforts and EPA regulatory activities.
These programs could take many forms, including regular
"town meetings", newsletters, a local EPA environmental
"hotline", etc.
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5.0 ENVIRONMENTAL STATUS AND ISSUES
Although South Florida appears to be an area of abundant,
readily available fresh water, historical alteration of the
hydrologic unit has led to widespread conflicts between
economic, social, ecological and environmental interests. The
apparent abundance of water led to the early construction of
drainage projects including the C&SF Project with little
emphasis on the impacts to the unique environment of South
Florida. Construction and operation of the C&SF Project has
worked well for the purposes for which it was designed: flood
control and water supply. The resulting hydraulic system of
canals, pump stations and levees has facilitated the draining
and use of lands for urban growth and agricultural needs making
South Florida home to a growing population an estimated 6
million people and base of a billion dollar agricultural
industry.
However, this growth has come at some cost to the environment,
altering the timing, distribution, volume and quality of the
water flowing through the system. The Everglades has suffered
significant losses in habitat (according to recent estimates a
36 percent reduction of the historic Everglades), experienced
habitat degradation from nutrient enrichment, pesticides and
spread of exotic species, groundwater has been contaminated from
saltwater intrusion and anthropogenic sources, and mercury
contamination of presently unknown origin is widespread (over 1
million acres of Everglades closed to the consumption of fish).
As the South Florida area grew and developed, so did the number
of agencies responsible for managing and regulating the various
components of the environment. Jurisdictional boundaries for
the agencies may differ; some are based on function (e.g.
watershed boundary), some on political boundaries (e.g. county
lines). With the growth of the various agencies, the complexity
of the regulatory process grew. However, there appeared to be
no unified approach to water resources problems and the
associated environmental issues contributing to the continued
degradaton of the system.
The need to restore and maintain the unique, natural systems of
South Florida has become acute in the past few years. If left
unchecked, past and future water management, land use and water
supply decisions will continue to effect the quality and
quantity of water available to the natural environment. The
multipurpose use of the northern Everglades, primarily the WCAs,
further constrains the quality, quantity and distribution and
timing of water input to the natural system. Effective
management and allocation of the water resources within South
Florida is the key to restoration and maintenance of the natural
resources and environment of South Florida.
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5.1 Overview of the South Florida Environment
5.1.1 Background
Kissimmee-Lake Okeechobee-Everglades System.
Historically, the Kissimmee-Lake Okeechobee-Everglades
watershed was part of one large, hydrologically and
ecologically connected system. The watershed was comprised of
a subtropical landscape featuring shallow lakes, meandering
river channels, sloughs, floodplains, wetlands and a gradual
hydrographic gradient which moved water slowly from central
Florida to Lake Okeechobee through the Everglades and
ultimately discharging to Florida Bay, Whitewater Bay and the
Gulf of Mexico. In the late 1800's, man began manipulating the
system to provide for drainage, flood protection, and water
supply needs. The most extensive manmade changes to the system
are the result of construction of the Federal Central and
Southern Florida Project for Flood Control and Other Purposes
(C&SF Project) authorized by Congress in 1948. The C&SF
Project was designed and largely constructed by the Corps of
Engineers. As a result of the C&SF Project, the existing
hydrologic unit is a highly managed and compartmentalized
system with over 1,500 miles of canals and levees, 125 major
structures, and six major impoundment areas including Lake
Okeechobee (figure 2).
At the southern end of the Kissimmee River-Lake Okechobee-
Everglades watershed lies the components of the historic
Everglades including the Everglades Agricultural Area (EAA)
which has been extensively converted to agricultural use, the
Water Conservation Areas (WCAs) and Everglades National Park.
The Everglades are of regional, state, national and
international significance in providing water supplies,
protecting water quality and providing natural, recreational,
scientific and economic values and a high quality of life for
present and future generations. The southern Everglades was
designated a National Park in 1947 (see figure 3), and has been
designated an International Biosphere Reserve and World
Heritage Site by the United Nations and recognized by the State
of Florida as an Outstanding Florida Water since 1976.
Additionally, the Park has been designated an Outstanding
National Resource Water (ONRW) by the Florida Environmental
Regulation Commission subject to State legislative approval.
This highly managed hydrologic system has been referred to as
the lifeblood of South Florida. The system provides recharge
of the Biscayne aquifer, the sole source of water for over 4
million people; water supply to agricultural areas and urban
wellfields during the dry season through a series of
impoundments (WCAs); flood protection during the wet season
through water storage in the impoundments; and water to
maintain the ecologically important and sensitive Everglades.
In Bade, Broward and parts of Palm Beach Counties, water supply
is provided from the Biscayne Aquifer, a surficial, unconfined
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and highly transmissive aquifer. The Biscayne is one of the
most productive aquifers in the world and is utilized by large
water supply organizations, small community public supplies,
private residential users and agricultural/industrial users.
The cumulative impact of these multiple withdrawals from the
Biscayne is significant - estimated withdrawal of 1 billion
gallons per day.
Big Cypress Basin. Immediately west of the Everglades
is the Big Cypress Swamp. Encompassing 2,400 square miles of
sandy pine islands, mixed hardwood hammocks, cypress strands,
wet prairies, dry prairies, marshes and estuarine mangrove
forests, the Big Cypress Swamp provides important feeding,
nesting and wintering areas for migratory birds, and supports
critical habitat for a number of threatened and endangered
species such as the Florida panther. The Big Cypress National
Preserve (see figure 3) was established in 1974 and encompasses
574,000 acres (with an additional 146,000 acres authorized for
acquisition) of the Big Cypress Swamp. This area is integrally
important to the hydrology of the stairstep area of the
Everglades National Park.
Development in the Big Cypress Basin is limited primarily to
agricultural in the interior portions of the basin and urban
along the western coast. The basin obtains ground water from
unnamed surficial and intermediate depth aquifers that are
unconfined and vulnerable to contamination from surface
sources. The physical characteristics of these aquifers vary
significantly from the Biscayne. The unnamed surficial/
intermediate aquifers are much less transmisive and productive
than the Biscayne. These aquifers are generally more
susceptible to saltwater intrusion both from a landward
migration of seawater and from upwelling of more minerlized
waters from underlying geologic formations. Production
capacity of large diameter wells by large water supply
organizations, especially those near the coast, is limited by
these factors.
Florida Keys and Near Coastal Waters. Mangrove
forests and salt marshes define the final, southern reaches of
the watershed for the South Florida area which includes the
Florida Keys, Biscayne Bay and other near coastal waters. The
coastal ecosystem varies from barrier islands and sandy
beaches, to mangroves and saltwater marshes, to shallow bays
and hard bottom reefs. These areas provide for a variety of
unique biological communities which are dependent on the proper
sediments, salinity and tidal flows to support the saltwater
fisheries in South Florida.
5.1.2 Issues
In the South Florida area, EPA is perceived as not providing
input to ongoing major environmental initiatives such as the
SWIM planning process and land acquisition programs. EPA is
also perceived as not providing basic support to the
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regulatory programs which could effect ecosystem and habitat
preservation in South Florida.
The primary issues in the Everglades basin are the change in
timing, distribution, quantity and quality of water delivered
to the remaining ecosystems. These issues are addressed under
specific topics in this report. However, the most important
issue would be more effective use of Section 404 in water
quantity and habitat degradation issues.
5.1.3 Actions
Develop a watershed approach to address the multi-faceted
problems of the basins and consider impacts of all program
elements. Improve communication and coordination between EPA
and other Federal, State, regional and local agencies
responsible for the management of environmental resources in
South Florida. Actively participate in environmental
initiatives such as SWIM planning and Comprehensive planning.
Under Section 404, implement a more extensive technical review
of large-scale projects within the study area especially in
alternatives analysis and significance of degradation. This
should be done through the regulatory process and also through
the use of advance identification of wetlands suitable or
unsuitable for the disposal of dredged or fill material and
early involvement in the NEPA process for major federal
projects.
Focus on Corps of Engineers modifications to the C&SF Project
in the NEPA review and wetlands protection arena.
Implement a strong Section 404 enforcement program in South
Florida. Examine the MOAs as applied to enforcement and
jurisdiction with the intent of improving EPA's participation
in enforcement issues. Adequate resources should be provided
to support such a program.
Use the Section 404(c) process to support the Section 404
regulatory, planning and enforcement efforts in the study area.
5.2 Water Supply
5.2.1 Background
Ground water is the predominant source for public water supply
in the South Florida study area. Ground water resources are
utilized for potable, industrial and agricultural supplies
virtually throughout the study area. Surface waters are used
for agricultural supply in the EAAs and for potable supply in a
few communities bordering Lake Okeechobee. The aquifers used
for water supply purposes are the Biscayne Aquifer in the
southeast portion of the study area and undifferentiated
surficial and/or intermediate aquifers elsewhere.
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5.2.2 Issues
The major issues involving water supply in South Florida are:
a. Competition with other demands for the fresh water
resource.
b. Salt water intrusion.
c. Anthropogenic (people-generated) ground water
contamination.
Competition with other demands for the fresh water resource is
of particular concern in those areas served by the Biscayne
Aquifer and the Central and Southern Florida (C&SF) Project.
The primary competitive demand in this area is the need for
sufficient flow of water into the Everglades in order to
support the unique wetland and aquatic habitats that exist in
the WCAs, Everglades National Park, Big Cypress National
Preserve and other natural resource assets. In the past, water
supply has been made a higher priority in decisions regarding
allocation of fresh water resources in the study area.
Intensified withdrawals, due to rapidly expanding population
and agricultural activities, have stressed the aquifers used
for water supply in the study area. One result of these
increased demands has been an increase in salt water intrusion
into fresh water aquifers. In the Biscayne, the C&SF system of
canals and control structures has been effectively used to
minimize salt water intrusion from the ocean. Upward migration
of mineralized waters from deeper formations has not yet had a
significant impact on water quality in the Biscayne. In other
areas, the surficial and intermediate aquifers have been
affected both by landward migration of seawater in coastal
areas and the upward migration of mineralized waters from
deeper formations in the interior. This trend will continue as
these aquifers are more intensively utilized as a result of
growth.
Ground water contamination other than salt water intrusion has
already impacted water supply activities in the study area.
Plumes of ground water contamination from old landfills,
Superfund sites, leaking underground storage tanks and
industrial activities have caused widespread degradation in the
Biscayne Aquifer (the Biscayne is a Federally designated Sole
Source Aquifer, see figure 1, pursuant to Section 1425 of the
Safe Drinking Water Act). Two major water supply wellfields
operated by Metropoliton Dade Water and Sewer Authority were
contaminated with volatile organic chemicals, presumably
originating at nearby Superfund sites. Numerous private wells
were contaminated by a plume emanating from the old 58th Street
Landfill in Dade County. Given the high degree of
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vulnerability of the aquifers in the study area to
contamination from surface sources, and given the widespread nd
increasing urbanization of the study area/ the incidence of
ground water contamination is likely to increase.
5.2.3 Actions
The actions available for addressing these issues are:
a. Water conservation measures to reduce consumptive use
of the fresh water resource. (See following section
regarding water resources management).
b. Implementation of wellhead protection programs by
state and local agencies.
c. Enactment of stricter controls on activities that have
the potential to adversely impact ground water
quality.
d. Rapid completion of remedial or corrective actions at
RCRA, CERCLA and other waste disposal sites that have
already been identified.
e. Comprehensive, agressive, multi-media enforcement
efforts directed at continuing sources of ground-water
contamination.
5.3 Water Resources Management
5.3.1 Background
Fresh water resources are abundant within the South Florida
study area. The importance associated with effective
management of this resource, however, is the result of the
competitive demands placed upon the system and the uneven
distribution of rainfall throughout the year and over longer
cycles. The competitive demands are potable water supply,
agricultural use, support of wetland and aquatic habitat, and
irrigation for non-agricultural use and industrial supply.
Rainfall, the primary source of all fresh water in the South
Florida hydrologic system, is concentrated in the period
May-October (the wet season). The period November-April is
relatively dry.
Water resources management activities have concentrated in the
past on two functions, flood control and water supply.
Mangement activities are much more intense and well-developed
in the southeast portion of the study area than elsewhere, and
the discussion of resource management is concentrated on those
areas served by the Biscayne Aquifer and the C&SF Project.
This includes the highly urbanized southeast coastline, the
EAA, the WCAs, and the agricultural areas in the vicinity of
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Homestead and Florida City. It also includes the lands managed
by Federal and state government for their natural resource
value, such as Everglades National Park (see Figure 3).
Water supply practices within the study area have the overall
effect of diverting large volumes of fresh water from other
demands. Under historical management practices, this diversion
has been primarily from resources that might otherwise support
hydrologic maintenance of wetland and aquatic habitats in the
Everglades. The periods of the greatest diversion occur at
times when water resources are generally scarce, ie., the dry
season, and therefore when the potential for adverse impacts to
environmental resources (eg., wetlands and aquatic habitats)
are greatest. This trend is likely to increase in the
foreseeable future, as major withdrawal points for water supply
are moved farther inland, closer to the recharge areas in the
Everglades, and farther away from the effects of salt water
intrusion at the coastline. Examples of this trend are the
Northwest Wellfield, operational since 1984, and the proposed
West Bade Wellfield, both owned and operated by the Metro-Bade
Water and Sewer Authority (MBWASA). These wellfields are
located immediately adjacent to the WCAs in the western part of
Bade County. Increased agricultural pumpage in the East
Everglades area will have a similar effect on the overall
availability of water for maintenance of natural resources in
the overall Everglades system.
Flood control practices in the study area have had the effect
of reducing the volume of fresh water storage in the overall
system and of accelerating the movement and discharge of excess
wet season flows. Storage has been reduced through an overall
lowering of the water table due to pumpage and, in the EAAs, a
subsidence of the land surface due to oxidation of organic
soils when exposed to unsaturated conditions. Greater volumes
of excess flow must therefore be routed to other storage points
(eg., the WCAs) or to discharge points into marine
environments. This effect, coupled with the rapidly expanding
urban and agricultural areas for which flood control must be
provided, necessitates the rapid movement of ever increasing
volumes into storage or discharge, accelerating the loss of
fresh water resources from the system. Loss occurs from
evapotranspiration in the open WCAs and from the large volumes
discharged to the marine environments.
The effects of the C&SF Project are in essence no different
from those associated with other flood control projects, and
for that purpose the C&SF Project has functioned admirably.
The additional purposes to which the C&SF system have been put
(enhancing water supply and prevention of salt water intrusion)
demonstrate the flexibility of the system in responding to
emerging water resource issues within the southeast portion of
the study area. The Modified Water Belivery Plan (MWBP), a
proposed alteration of the C&SF system of canals and control
structures, has environmental enhancement as the main purpose.
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This will be achieved by facilitating the delivery of fresh
water flow into Shark River Slough, the major drainage feature
of Everglades National Park. This is likewise a demonstration
of the inherent flexibility of C&SF, in that system
modifications are proposed for a purpose other than water
supply or flood control.
5.3.2 Issues
The major issue regarding water resource management practices
in the South Florida study area is conservation of the fresh
water resource. Once conservation measures are in place, more
effective management practices, especially for the purpose of
environmental protection and/or enhancement, will be more
easily implemented.
5.3.3 Actions
Potential actions for conservation of fresh water resources in
the study area are:
a. Development of alternate sources of supply. The
primary candidate for alternate supply would be the
Upper Floridan Aquifer, treated by desalination
technologies such as reverse osmosis.
b. Aquifer Storage and Retrieval (ASR). The Upper
Floridan can be used to store excess wet season flows
for use during the dry season. The technical
feasibility of ASR has been demonstrated, but
regulatory considerations involving compliance with
Underground Injection Control (UIC) regulations would
have to be resolved prior to implementation.
c. Renovated water reuse. Treated waste waters,
principally from municipal sources, could be utilized
for non-potable purposes, reducing the demands
experienced by the public water supplies. The
feasibility of this practice has been demonstrated
elsewhere in Florida, notably in the Tampa and St.
Petersburg metropolitan area.
d. Modifications to current resource management practices
in order to better address emerging demands, such as
environmental protection and enhancement. The MWDP is
an example of how the existing system can be used in a
more flexible manner for this purpose.
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5.4 Surface Water Quality
5.4.1 Background
Surface water quality varies in the study area based on
location and land use. Agricultural land use results in
nutrient enriched surface waters (canals), lowered dissolved
oxygen, increased suspended solids, trace pesticides. The
increased nutrient loads to surface waters in the agricultural
areas results in downstream impacts associated with
eutrophicaton such as algal blooms, fish kills and excessive
spread of nuisance vegetative communities such as cattails.
There are presently some limited BMPs being implemented within
the EAA and other agricultural areas such as reducing the level
of over-fertilization and extensive dairy farming BMP's in the
Kissimmee area, however, these BMPs are not sufficient and
effective to limit the amount of nutrients discharged to
environmentally sensitive areas. The use of BMP's in the EAA
has been proposed as part of the Everglades lawsuit
settlement. Also, in the draft Everglades SWIM Plan, the SFWMD
is proposing a minimum of 35,000 acres of nutrient removal
marsh systems in the EAA.
In the urban areas, the major surface water pollution problems
on both the east and west coasts are associated with urban
stormwater runoff and septic tank seepages. This water is
generally distributed throughout the canal system and diverted
to estuarine waters or backpumped to the Everglades. State
stormwater regulations have been in place since 1986; however,
pre-regulation stormwater is not subject to the clean-up
efforts. In addition, EPA's stormwater regulations have
limited applicability. Contamination associated with point
sources such as wastewater treatment plants and seepage from
landfill sites, etc. is fairly confined.
The estuarine systems throughout the study area are subject to
regulatory releases of freshwater from the C&SF project
canals. The regulatory releases consist of agricultural
discharges, urban stormwater or both. These discharge result
in increased nutrient levels, high fluctuations in the natural
salinity regimes and increased sedimentation from the release
of suspended solids. These systems are also impacted by a lack
of freshwater during the dry season. This results in
hypersalinity problems as is the case in Florida Bay. The
impacts on the estuarine community are significant with
complete die-off in the case of the Drainage Canal No. C-lll
discharges to Barnes Sound. Other water quality problems
associated with estuarine waters are a result of septic tank
seepage, discharges from live-aboard vessels, usage of ports
and marinas and seepage from adjacent hazardous wastes sites.
Better system management may be the solution to these problems.
5.4.2 Issues
The major issues associated with surface water quality are:
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a. Need to address nonpoint source/point source pollution
from agricultural sources.
b. Need to control urban stormwater runoff.
c. No adequate mechanism to enforce effective nonpoint
source pollution prevention and remediation.
d. Need to address regulatory releases from the C&SF
Project.
5.4.3 Actions
Potential actions to improve surface water quality in the area
are:
a. Review point source discharges in the South Florida
study area to determine the applicability of the NPDES
program .
b. Review the effectiveness of the newly promulgated
storm water regulations as applied in the study area.
c. Place more emphasis on water quality impacts in review
of Section 404 permits in the study area.
d. Seek a means to evaluate water quality impacts of
regulatory releases from C&SF Project through the
NEPA/EIS process.
5.5 Mercury Contamination of Fish and Wildlife
5.5.1 Background
Mercury contamination of fish is currently a primary
environmental concern in Florida. Millions of acres of Florida
aquatic habitat are presently subject to State health
advisories which urge the public to avoid consumption of sport
fish from designated areas which includes over a milion acres
in the Everglades. Wildlife toxicity from mercury is also an
emerging concern particularly for the Florida panther and other
endangered species. The source, extent and causes of toxic
levels of mercury in fish and wildlife are unknown. The
mercury toxicity issue is currently the subject of a State
initiative to develop a comprehensive research and monitoring
plan to determine the significance of this mercury issue to the
public and the fish and wildlife resources of the State. Means
to implement the multimillion dollar, multi-year definitive
assessment are still to be resolved. Such an effort would not
only benefit Florida but also other States where widespread
mercury contamination of fish and wildlife is apparent.
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5.5.2 Issues
The major issues concerning mercury contamination are:
a. Millions of acres of aquatic habitat are presently
under health advisories which urge the public to avoid
consumption of sport fish from Florida streams and
the Everglades.
b. Wildlife toxicity from mercury contamination is an
emerging concern particularly for the Florida panther
and other endangered species in Florida.
c. The sources, extent, and causes of toxic levels of
mercury in fish and wildlife are unknown.
d. The mercury toxicity issue is currently the subject of
a State initiative to develop a comprehensive research
and monitoring plan which would span six years of
investigation and require a funding level of
approximately 10 million dollars to assess the
significance of this contamination to the public and
the region's fish and wildlife resources.
e. Mercury contamination of fish and wildlife now appears
to be widespread among many states.
5.5.3 Actions
Potential actions to aid in the solution of mercury
contamination of fish and wildlife resources are:
a. Implement the Environmental Monitoring and Assessment
Program (EMAP) as the primary framework for
coordinating the necessary research and monitoring
studies to assess and track mercury contamination and
toxic effects in fish and wildlife communities.
b. Develop and implement an integrated data management
base (GIS) for the monitoring and assessment of
mercury contamination in Florida and other States of
Region IV.
c. Commit appropriate funds (one million annually) and
resources to EMAP and the required research initiative
proposed by the Governor's Task Force.
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5.6 Near Coastal Waters
5.6.1 The Florida Keys
Background. The Florida Keys is a unique system
composed of a string of islands 100 miles long which extends
from Key Largo in Biscayne Bay southwesterly to Key West,
Florida. The Keys are situated on the edge of an ocean shelf
which separates the deepwater of the Atlantic Ocean from the
shallow waters of the Gulf of Mexico. The Gulf side of the
Keys is composed of shallow lagoons which support dense
seagrass beds. The Atlantic side supports the only living
coral reef in the continental United States. The following
waterbodies in the Keys, are designated Outstanding Florida
Waters: Florida Keys, Great White Heron National Wildlife
Refuge, Key West National Wildlife Refuge, Crocodile Lake
Marine Sanctuary, John Pennekamp Coral Reef State Park, and
Bahia Hondo State Park.
Water quality issues are related to degradation in the canal
systems due to lack of flushing. The major sources of
pollution have been identified as wastewater treatment plant
discharges, thousands of septic systems, marinas with no pump
out facilities, houseboats and other vessels with direct
discharges, fish processing areas and stormwater runoff.
The open island waters are generally of high quality due to
rapid flushing and dilution. Due to the extremely high quality
of oceanic waters surrounding the Keys, water quality standards
are rarely violated in flushed areas. However, the importance
of this high quality, nutrient deficient water to the coral
reef communities and other resources of the Keys, cannot be
overemphasized. Information indicates that even minute changes
in nutrients, turbidity or toxics concentrations has a severe
impact on the coral reef communities. Deterioration of these
reef communities is of major concern to state, regional and
federal agencies.
Other problems relate to a massive die off of seagrasses in
Florida Bay and Barnes Sound resulting in declining fisheries,
which are possibly associated with regulatory discharges from
the C-lll drainage canal. The coral reefs have been subject to
die off, careless divers, boat anchor damage and commercial
ship groundings.
Currently, the Florida Keys Sanctuary and Protection Act of
1990 charges NOAA to develop a sanctuary management plan. EPA
is charged with developing a water quality protection program
in conjunction with the State and in consultation with NOAA.
The water quality management program may be incorporated into
NOAA's sanctuary protection plan. This program is to be
completed by May 16, 1992 (18 months).
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5.6.2 Issues
The Florida Keys is a unique environment suffering from water
quality problems. The Federal government has perceived the
need to rectify the problems by establishing the Sanctuary Act
and charging EPA with developing a program to
alleviate/mitigate water quality problems.
5.6.3 Actions
EPA should ensure available resources to effectively accomplish
our role in the Florida Keys Marine Sanctuary Act.
EPA should focus on Section 404 issues in the Keys and on the
ADID process as a means to complement the water quality
protection program and ensure that the transient habitat
between the marine environment and the upland environment is
maintained.
5.6.4 Biscayne Bay
Background Biscayne Bay, a shallow, subtropical ecosystem
provides beauty, recreation, economic, and environmental
benefits for South Florida. Agricultural developments in this
subtropical environment heralded the advent of American
settlement; recreational and other economic developments have
created South Florida's most recent growth phase.
Environmental changes are not new to Biscayne Bay, as
plantation owners felled great stands of mangroves in the
1700s. The ecosystem present today is a dynamic system which
continues to be impacted by urban development and intense
recreational use. Many governmental and other groups
interested in preserving the unique ecological nature of the
Bay struggle both with governmental and financial limitations.
Numerous federal, state, and local agencies and groups
participate in Biscayne Bay management, monitoring, and
regulation. Most point to freshwater management changes and
urban development, including road and island development, as
having the most critical impacts to the Bay's ecosystem. Dade
County borders the western boundary of the Bay; and thus,
Dade County's Department of Environmental Resources Management
(DERM), which is responsible for much of the regulatory
activity for water quality and overall environmental
management, has monitored and studied Biscayne Bay for a number
of years. The lack of concensus by the numerous parties on
the identification of issues, problems and solutions for the
Bay's water quality and ecosystem problems has further
complicated the efforts.
Two specific management plans exist for Biscayne Bay: the
first, Biscavne Bay Aquatic Preserve Management Plan, was
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developed by DERM, and a second, more recent plan, the Biscavne
Bay Surface Water Improvement and Management (SWIM) Plan, was
developed by the South Florida Water Management District. EPA
is also involved in environmental planning for jurisdictional
wetlands through the advance identification process. U.S. Fish
and Wildlife Service (USFWS) and National Park Service (NFS)
have related management planning activities in the immediate
area.
Environmental and regulatory concerns have been listed and
evaluated by the agencies previously discussed. The Biscayne
Bay SWIM Plan listed 24 programmatic and budgetary
recommendations, which included the development of centralized
data bases, managing preservation areas, and the development of
improved enforcement strategy which includes agencies at all
governmental levels. DERM listed 66 specific recommendations,
with approximately 24 of those being related to environmental
quality and habitat protection.
DERM and the University of Miami (UM) reported the need for
improved toxicity analysis and water quality standards for
sensitive ecosystems. Recent EPA and DERM reports indicate
toxicity in the northern and southern reaches (respectively) of
the Bay. DERM, UM, and NPS indicated that the oligotrophic, or
nutrient deprived, nature of the Bay required more rigorous
environmental standards than EPA currently provides. For
example, in the EPA study, toxicity occurred, but the exact
signature of a specific toxin could not be ascertained, given
current methodology. Protecting a biologically diverse system
such as the Bay may require the development of more intense
methods for monitoring and analysis.
5.6.5 Issues
A brief analysis of various governmental activities will
demonstrate the conflicting goals with which the Bay must
contend. The National Park Service is responsible for the
preservation of the Bay's unique ecosystem, and manages a
substantial portion of the Bay in Biscayne Bay National Park.
The U.S. Fish and Wildlife Service works to maintain habitat
for native species which are important to the Bay's
environment. The U.S. Corps of Engineers is responsible for
maintaining navigability of harbors and other waterways. The
State of Florida has similar activities which also overlap from
a management standpoint. Economic and recreational demands
also conflict with overall environmental protection
requirements of U.S. regulations as well as ongoing
preservation efforts.
Most regulatory, academic, and management professionals agree
that an improved strategy is required to adequately address the
special demands and needs of Biscayne Bay. Such a strategy
would require the continuous interaction of various government
and citizens groups in order to respond to the dynamic nature
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of the Bay and the demands on it. Local and State groups
provide expertise and familiarity needed to understand the
Bay's unique character. Federal involvement is necessary for
ensuring that national goals are met. Citizens expressed
special concern for a lack of federal involvement from a
regulatory standpoint.
A forum for communication and education is critical for the Bay
and its citizens to define its present condition and to
determine its future.
5.6.6 Actions
Overlapping recommendations should be evaluated more closely
for implementability. Those identified by the South Florida
Task Force include the following:
a. Improved enforcement, including multijurisdictional
and preservation of sensitive habitat;
b. Development of water and sediment quality standards
and improved toxicity analysis specifically for the
Bay environment;
c. Improved data collection and management with multi-use
application and joint jurisdictional planning for
environmental and habitat needs.
EPA could provide leadership by promoting good communication
between various levels of government, citizens, and elected
officials. In addition, EPA could direct funds into areas
which promote its own objectives in environmental protection
and improved environmental quality.
5.7 Hazardous Wastes
5.7.1 Background
As is the case with other environmental programs, numerous
local, state, and federal agencies participate in the
management and regulation of hazardous waste in South Florida.
Solid wastes are managed primarily by state and local
authorities; however, EPA works directly with Indian Tribes in
the area. For ease of organization, the initial discussion
herein will address hazardous wastes.
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5.7.2. Issues
Multitude of Regulatory and Management Agencies. The "front
line" regulatory agencies include county and state
environmental and public health organizations which respond to
public inquiries and identification of potential hazardous
waste violations. State and Federal organizations administer
respective laws and emphasize enforcement and compliance
activities. There is considerable overlap in duties; a dearth
of resources and a multitude of responsibilities often limit
coordination and joint planning. Duplicative program
activities sometimes results in conflicting views on decisions
because of differing legislative and programmatic goals.
Remedial Actions Affecting Water Quality. Differing
legislative requirements are often encountered in addressing
hazardous and solid wastes issues in the area. The reason for
this is the sensitivity of ground and surface water uses in
contrast to conventional methods for handling wastes. Land
disposal and spills often present immediate releases to a
potable aquifer. The locations of some waste facilities,
especially older solid wastes facilities, are in wetland
areas; leachate in such a sensitive environment is often toxic
to native biota. Hence, South Florida now disposes of solid
wastes in above ground facilities; however, former sites still
may pose significant water quality problems, as is the case
with the Munisport NPL site and the South Dade (solid waste)
Landfill. The solution of these problems requires close
coordination between water quality, biological, air and
hazardous waste remedial staff, whether the "lead" authority is
federal, state or local. Sometimes, lack of cross-training
leaves various programmatic entities with less than a suitable
solution. A far worse situation happens also; the environment
does not get a comprehensive cure for a complex problem.
5.7.3 Actions
Duplication of effort can be minimized if EPA continues to
coordinate at appropriate state and local levels on Superfund
and RCRA actions. Internal coordination is also needed, where
appropriate. EPA should emphasize early coordination with
local government, including local offices of federal agencies.
On Superfund projects, established community relations
procedures; community relations, or a regional coordinator,
could be utilized as a clearinghouse for notifying the numerous
federal, state, and local agencies. With respect to RCRA
actions, resources are more limited despite its similarity to
Superfund; however, to the extent practicable, early
coordination should be emphasized, to encourage communication
between EPA and other agencies. Emphasis on coordination
should help to improve final decisions with regard to Superfund
actions meeting applicable, relevant, and appropriate State and
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local requirements, as well as other federal objectives, i.e.,
habitat protection and overall environmental quality goals.
Two other actions were suggested by State and local offices:
first, renewed emphasis on RCRA/CERCLA training, and second,
investigation of hazardous substance releases to groundwater.
With significant local agency activity, EPA training could
provide consistency with local and federal actions. Local
agencies are particularly in need of such training since they
may not normally participate in EPA-sponsored training for
States, due to travel limitations, or other local constraints.
5.8 Air Quality
5.8.1 Background
There have been two major movements in the south Florida area
which have affected air quality in the area. One of these
movements has been urbanization. The vast growth in population
has resulted in an increase both in the number of vehicles and
stationary sources which has increased the inventory of ozone
precursors and toxic emissions. Under the guidance of the
Clean Air Act Admendments of 1990 (CAAAs), the Miami-Ft.
Lauderdale airshed is classified as a moderate nonattainment
area for ozone. This airshed includes Bade, Broward, and Palm
Beach counties. Since the original designation of Bade,
Broward and Palm Beach Counties as non-attainment for ozone in
1978, Florida has taken the prescribed steps for attaining the
NAAQS. In fact, current data show the area to be in
attainment. Florida, however, has taken a precautionary stance
by not requesting redesignation to attainment. In addition,
Bade, Broward and Palm Beach counties have voluntarily
instituted inspection and maintenance programs. Bade County is
implementing Stage II vapor recovery controls and Broward and
Palm Beach Counties are in the process of developing Stage II
regulations.
The urbanization movement has also increased the inventory of
toxic emissions by increasing the number of vehicles and
stationary sources. The new CAAA when fully implemented should
reduce the toxic emissions in this area. Studies are also
being conducted to determine the level of toxics in the air.
Another problem associated with air toxics is the level of
mercury detected in the Florida Everglades. The source of the
mercury is unknown at this time. Monitoring is necessary and
is planned to determine if mercury deposition from air
emissions is the source.
The other movement in south Florida which has significantly
affected air quality is the development of agricultural crops
(i.e. sugar cane, citrus). Agricultural burning produces a
visibility impairment which not only affects the immediate
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area, but also Class I areas such as the Everglades. There are
open burning regulations in the Florida Administrative Code
which could alleviate some of the visibility impairment.
Pesticide bag burning is common in this area. A study is being
conducted to determine if this activity poses an air toxics
problem.
5.8.2 Issues
a. Dade/ Broward and Palm Beach Counties are designated as a
moderate non-attainment area for ozone.
b. High levels of Mercury have been identified in the Florida
Everglades and South Central Florida.
c. The vast growth in population has resulted in an increase
both in the number of vehicles and stationary sources which
has increased the inventory of toxic emissions.
d. Pesticide bag burning may contribute adversely to the
environment.
e. Open Burning of agricultural waste for agricultural
clearing and for frost protection has caused visibility
impairment to the Florida Everglades. Burning of sugar
cane for harvesting and biomass burning of the Everglades
also contribute adversely to the environment.
5.8.3 Actions
a. Even though current data show South Florida to be in
attainment of the NAAQS for ozone, the State of Florida has
taken the precautionary action of not requesting
redesignation so that the more stringent regulations remain
in place. In addition, Dade, Broward and Palm Beach
counties have voluntarily instituted inspection and
maintenance programs. Dade has implemented Stage II vapor
recovery controls and Palm Beach and Broward Counties are
developing Stage II regulations.
b. There are currently two studies proposed for the South
Florida region designed to determine why mercury levels in
South Florida are higher than any other area in Florida.
i) Atmospheric deposition of mercury on a South Central
Florida Lake, Lake Annie, will be conducted. Goals are to
develop protocols for mercury monitoring. Multi-Media
studies will also investigate the effects of mercury in the
sediments which may have resulted from atmospheric
deposition. The study will also include effects caused by
cadmium, chromium, aluminum, and other heavy metals.
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ii) A statewide emissions inventory of mercury sources
will be compiled. The inventory will provide a method of
determining the contributions of mercury in the ambient air
from each source.
c. The Miami and Ft. Lauderdale agencies conducted urban air
toxic monitoring studies in 1989. Ft. Lauderdale, Broward
County, Florida is in the process of conducting additional
urban air toxic monitoring programs for the surrounding
area. The Broward County Environmental Control Board
recently added a chemist to its staff to facilitate air
toxic sampling and monitoring. The agency allocated funds
for the purchase of a gas chromatography/mass spectroscopy
system to add to existing laboratory capabilities. The
agency also plans to purchase two additional systems.
West Palm Beach, Florida is in the process of conducting an
urban air toxic study which will speciate approximately 55
toxic/volatile compounds and total hydrocarbons. From this
study, West Palm will develop techniques useful in
enhancing the central state laboratory.
The State of Florida and local agencies are in the process
of implementing the CAAA regulations for reducing toxics
emissions. These agencies are being encouraged by EPA to
participate in the Voluntary Early Reduction Program.
Maximum achievable Control Technology (MACT) will be
enforced as promulgated by EPA for all affected industries.
TRI data will be reviewed for possible impact on the
region.
d. The USEPA and the Office of Pesticide Programs initiated a
study to investigate and identify the composition of the
effluent combustion gases and residual ashes which are
formed during open burning of pesticide packing bags. The
study will assist in the determination of the environmental
impact of the technique used by many farmers as a common
disposal practice especially for the sugar cane industry.
The Office of Pesticides Programs, Environmental Fate and
Effects Division, is in the process of developing
rulemaking to amend the labeling of pesticide products to
prohibit open burning of pesticide containers as a method
of disposal. The proposed regulation will require the
manufacturers of pesticide products to use recyclable
materials for packaging containers.
e. The recommended action is for EPA to coordinate between Air
Programs and RCRA to incorporate open burning regulations
into a federally enforceable SIP. In addition, an
enforcement program should be developed with the
participation of EPA, the National Park Service, Florida's
DACS Forestry Division, and the Florida Department of
Environmental Regulation.
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5.9 Agricultural/Pesticides
5.9.1 Background
The development and subsequent expansion of agriculture in
South Florida was the primary factor influencing the flood
control projects of the last one hundred and twenty years. The
infrastructure developed to support agriculture provided for
the settlement and subsequent urban development of South
Florida. The resulting alterations of the unique natural
ecosystems of South Florida have converted a harmonious
environment with innate checks and balances into a system in
conflict fraught with controversy. Agriculture continues to
play a major role in nearly every conflict and controversy.
Through the auspices of the Federal Insecticide, Fungicide &
Rodenticide Act, as amended (FIFRA), the EPA has had a
relatively long history of successful ventures and good working
relationships in the agricultural and pesticide regulatory
communities. Functioning under FIFRA cooperative agreements,
grants and special projects, the Agency actively participates
in and conducts training programs, seminars, and outreach
programs to inform and educate all potentially affected parties
ranging from local inspectors to farmers and homeowners. Some
of the EPA sponsored or mandated programs underway in South
Florida include:
1. Training and Certification of Pesticide Applicators -
All purchasers and users of pesticides restricted by the
EPA under FIFRA must be certified as competent to do so by
the Florida Department of Agriculture & Consumer Services
(DACS) and/or the Department of Health & Rehabilitative
Services (DHRS). Training is usually coordinated with the
Cooperative Extension Service (CES), Institute of Food and
Agricultural Sciences (IFAS), University of Florida, at
statewide, regional, and/or local meetings. Some of the
organizations who regularly contact the Agency for
information and/or speakers include: Farm Bureau,
Cattlemens Association, Florida Fruit & Vegetable
Association, Florida Citrus Mutual, Florida Sugarcane
League, Golf Course Superintendants Association, Florida
Nurseryman & Growers Association, Sierra Club, Audubon
Society, South Florida Water Management District, U.S. Army
Corps of Engineers, Dade County Department of Environmental
Resource Management (DERM), Florida Anti-Mosquito
Association and the CES.
2. Cooperative Enforcement Agreements - The enforcement
aspects of FIFRA have been delegated to DHRS (pest control
and mosquito control activities) and DACS (all other
pesticide use areas including agriculture, homeowners and
aquatics). The EPA provides funding and support in the
form of investigator/inspector training and prosecution
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assistance. In addition, the Agency has participated and
conducted training and seminars on pesticides, toxic
substances, safety, toxicology and the enforcement and
investigation of environmental crimes at the request of
diverse agencies and groups, such as: DACS, DHRS,
Department of Environmental Regulation (DER), Department of
Natural Resources (DNR), Department of Law Enforcement
(FDLE), Association of State Attorneys General and DERM.
3. Groundvater Protection Program - Through special
project funding and direct assistance, the Agency has
assisted DACS and DER in developing a generic groundwater
protection strategy to provide a blueprint for protecting
groundwater from pesticide contamination. A mechanism is
nearly in place to address specific contamination issues
should they arise in South Florida.
4. Endangered Species Protection Program - Designed to
protect endangered and threatened species from pesticides,
the Agency has provided funding and active support to the
thirty-four member task force assembled by the Commissioner
of Agriculture to address this EPA initiated program. The
task force consists of representatives of federal and state
agencies, pesticide user organizations, environmental
groups and private citizens.
5. Worker Protection Program - This federally mandated
program is also funded in part by the EPA and is intended
to provide a greater margin of protection to agricultural
workers from pesticide exposure. The Agency is thus
actively involved with a variety of agriculturally related
entities during this critical planning and developmental
phase.
These programs, along with the active involvement of EPA staff,
have created an awareness and general acceptance of EPA's
pesticide related programs by the regulated community. One
reason for the success of these programs has been the attention
directed to the operational level of the state and local
programs. An active liaison program takes place, of course, at
upper management levels, but the target of the Pesticide
Section's activities has consistently been the inspector, the
farmer, the applicator the person in the field either
affected by the program or charged to implement or enforce it.
It appears that actual pesticide related issues have mechanisms
in place to either address or correct problems should they be
verified. As agriculturally related issues were examined
closer, data gaps were identified; and additional unanswerable
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questions were raised: How much water does agriculture pump into
and out of fields?; Are pesticide degradation models accurate?;
Are groundwater and surface water monitoring stations accurately
reflecting current pesticide uses and cultural practices?; Do
sugarcane and pesticide container burning practices actually
release toxics into the atmosphere?; etc.
The South Florida Study Group confined its attention to the
watershed regulated by the South Florida Water Management
District (SFWMD). Agriculture within SFWMD's boundary can be
divided into four separate and distinct areas:
Okeechobee Agricultural Area (OAA) - Located north of
Fisheating Creek, Lake Okeechobee, and the St. Lucie Canal,
this area is primarily characterized by large expanses of
prairie, rangeland and improved pasture which supports a
major dairy and beef industry. Citrus is grown on the ridge
located on the western boundary and in the "Indian River"
sections of St. Lucie, Martin and northern Palm Beach
Counties. A large caladium and nursery production area has
developed just east of Lake Placid.
Everglades Agricultural Area (EAA) - The traditional EAA is
approximately 700,000 acres of muck land immediately south
of Lake Okeechobee dedicated primarily to sugarcane
production (550,000 acres). Additionally, large sections
are used for vegetable and sod farming. Fields in the EAA
are easily adapted for rice production, and rice acreage has
been increasing. For the purposes of this study, the EAA
will include citrus and vegetable production areas south of
the St. Lucie Canal in Palm Beach County and the vegetable
and nursery production areas in western Broward County.
Big Cypress Agricultural Area (BCAA) - Located west of the
EAA, south of Fisheating Creek and north of the Big Cypress
Preserve, this district is in transition. Some sugarcane is
grown on land bordering the EAA, but the BCAA has primarily
consisted of improved pasture and rangeland with large
tracts and blocks dedicated to citrus and vegetable
production.
West Dade Agricultural Area (WDAA) - Located in western Dade
County south of the Water Conservation areas, this
agricultural area is distinctive for its "rock farming".
Having little or no organic content to the soil, the
farmland in this area has the appearance of crushed rock.
The WDAA is the only subtropical farming area in the United
States. While still producing much of the nation's early
season potatoes, beans and tomatoes, growers have been
shifting much of their acreage to other agricultural and
specialty crops. Supporting the distinctive appetite of the
Caribbean Basin culture in the Miami area and responding to
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expanding marketing interests from other parts of the
country, growers are converting orchards of avocados and
limes to carambola, aetamoya and other tropical fruits.
Truck crop farmers are growing more and more tropical and
subtropical vegetables. In addition, a huge wholesale
nursery industry has developed to supply retailers
throughout the United States and abroad with potted plants,
shrubs and trees.
5.9.2 Issues
a. Land Conversion and Loss of Habitat & Biodiversity
As urban development creeps into traditional agricultural
areas and agriculture attempts to make up for the loss by
expanding into the remaining "natural" areas, the
competition for space tends to dominate planning and zoning
commission meetings. Nature has contributed to the problem
as well. Florida experienced major freezes in 1983, 1985
and 1989, and a record drought has lasted nearly ten years.
Seeking water and warmer temperatures, the citrus industry
has been expanding its operations in South Florida and has
begun the conversion of native rangeland, improved pastures
and wetlands to bedded citrus groves. Still more land is
being converted to vegetable production to make up for
increased demand for fresh vegetables and lands lost to
freeze damage and urban sprawl in Central and East Coast
Florida.
The resulting loss of habitat for many of the region's
endangered species (Grasshopper Sparrow, Everglades Kite,
Wood Stork, Florida Panther, etc.) and the formerly large
population of wading birds has created a very real concern
regarding the declining biodiversity of South Florida.
Further contributing to this reduced biodiversity is the
continuing loss of native wetlands. These losses are
continuing apparently without the full benefit of the 404
wetland protection program. The Advanced Identification
process has not been applied to the agricultural areas
subject to the land conversion process.
Habitat loss and inadvertent land conversion is also taking
place as a result of the spread of two exotic plant species:
Brazilian Pepper and Melaleucca. These plants out compete
native species creating large monoculture areas. Efforts to
thwart the rapid spread of these plants have not been very
successful. Control methods entail either extensive
plant-by-plant physical removal or marginally effective uses
of herbicides in environmentally sensitive areas.
While land conversion is not a pesticide issue, per se, it
does lead to the use of a variety of pesticides
(insecticides, herbicides, nematocides, rodenticides,
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fumigants, etc.) in converted areas and the potential
exposure of nontarget organisms. The pesticide concern
should not be limited to agricultural areas. Large
quantities of lawn and turf, golf course, household, right
of way and aquatic pesticides are used in urban areas.
In cooperation with the U.S. Fish & Wildlife Service, the
EPA has established a consultation process whereby the
directions for use of pesticides which may jeopardize an
endangered or threatened species are modified under the
Office of Pesticide Program's Endangered Species Protection
Program. As stated above, DACS, in conjunction with a
thirty-four member multiagency/media task force, is
implementing the program in Florida. In addition, the
potential effects of pesticides on other nontarget organisms
are addressed during the Agency's registration and
re-registration process utilizing a risk/benefit analysis.
The Department of Natural Resources (DNR) has alleged
adverse effects on nontarget organisms caused by
insecticides used for mosquito control in Lee, Collier and
Monroe Counties. These incidents appeared to be related to
the possible misapplication of the pesticides and
conflicting directions for use on the labels. The alleged
misuse can be addressed through the cooperative pesticide
enforcement agreement currently in place with the DHRS and
DACS. Better communication is needed between DNR, DHRS,
DACS and EPA to provide for the prompt investigation of
alleged misuse incidents, and EPA needs to more closely
monitor DHRS' responses to misuse cases. In addition, the
Office of Pesticide Programs is currently evaluating the
directions for use portions of mosquito related pesticides
as a labelling issue and as part of the re-registration
process.
b. Water Availability
The consumptive use of water by urban and agricultural areas
and the resulting competition for available water resources
with the natural system may be the most serious issue facing
South Florida. The historical relationship between
agricultural interests and the entities controlling the flow
of water has led virtually to the issuance of water
utilization permits on demand for agricultural operations.
Compounding the problem is the fact that pumps in
agricultural areas are not metered. Therefore, valid data
regarding actual volumes of water moving into and out of
agricultural fields do not exist.
In the EAA, water levels must be strictly controlled -
literally within fractions of inches. Too much water and
the crops will either die or develop fungus and/or disease
problems. Too little water and the fragile root systems
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which develop very close to the surface of the muck will be
damaged, thus jeopardizing the crop. In addition, lower
water levels in the EAA increases the rate of dissipation of
the soil itself which oxidizes rapidly when exposed to
sunlight and the atmosphere. The BCAA has its own unique
water related problems. This is a predominately sandy area
not naturally conducive to the operation of heavy equipment
or farming operations beyond range and pastureland
activities. Therefore, to produce vegetables growers often
must pump water into fields to create a subsurface dome of
groundwater which firms the soil to facilitate the movement
of equipment while also making irrigation water immediately
available. Obviously, this activity disrupts the normal
flow of groundwater. Heavy rainfall activity may create
situations of too much water on fields where water is
already, albeit artificially, near the surface. In these
cases water must be pumped away from the fields into canals,
streams and wetlands. While these activities are localized,
increasing conversions of lands to vegetable farming make
the practice widespread with the effects on the overall
hydrologic system unknown.
The conversion of land to citrus production creates similar
problems. Citrus roots are very sensitive to water and thus
grow practically on the surface of the soil. Growers in
this area create "beds", or rows of mounded soil, where the
trees are planted. Intervening depressions are tiled to
facilitate the rapid movement of water away from the trees.
Current technology provides a system of drip irrigation or
micro-misting to deliver water, nutrients and systemic
insecticides as necessary.
The obvious apparent effect of agricultural uses of water in
both the EAA and the BCAA is that they get the first option
to use the water. Areas downstream have even less water
than would be normally available during dry periods and an
even greater glut during high rainfall periods. In areas
where urban uses of water is further diverted from natural
systems the impact is magnified.
The removal of water from agricultural areas in the WDAA and
its subsequent drainage into tidal areas has, on occasion,
created temporary hyposalinity problems in Barnes Sound.
Hypersalinity in Florida Bay may be related to urban and
agricultural diversions of water from the Everglades
National Park.
c. Water Quality
The effects of agricultural activities on water quality must
be examined from both a pesticide and a nutrient
perspective. Joint studies conducted by DACS and DER in
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Collier County and Palm Beach County concluded: "...
detectable contamination of the water table aquifer in
Collier County from the use of agricultural chemicals on
crops in the study area [60 square miles] is extremely
limited and any impacts appear minimal." Preliminary data
from the Palm Beach study in the EAA and the 2X4 Study in
Desoto County of a citrus conversion area confirm similar
findings. The Collier County Study suggested the following
reasons for their failure to find a problem with pesticides
in groundwater when the perception was that pesticides
should have been readily detected:
1. The method of manipulation of a high water table
by seep irrigation which would dilute any residues;
2. A warm moist climate that favors rapid biological
degradation of pesticides;
3. Long days with intense heat and sunlight that act
to degrade pesticides;
4. The existence of a wide distribution of grain
sizes and organic matter in certain soil horizons; and
5. The existence of horizons with an active reducing
environment.
The detection of pesticides in South Florida's fresh water
consistently appears to be linked to specific run-off
occurrences in the EAA (atrazine) or to mixing/loading site
contamination events. Should unforeseen problems with
groundwater contamination arise, the EPA and the State have
a method to effectively deal with it. Any validated
findings of ground water contamination with pesticides would
be processed through the Groundwater Protection Program
administered in South Florida by both DACS and DER in
cooperation with the EPA.
Pesticides have been detected in the sediment of Biscayne
Bay and in coral from the Keys. However, the pesticides
detected (DDT, DDE, Toxaphene, etc.) have been cancelled
and/or suspended by the EPA. While their presence certainly
supports the contention that pesticides from agricultural
and urban areas are contaminating the bay, extant monitoring
activities are not consistent with current agricultural and
urban pesticide use patterns.
Nutrient loading of surface water occurs from cattle
operations in the OAA and fertilizing activities in the
EAA. The DER and SFWMD are implementing plans to address
both problem areas. Each plan was addressed in detail in
the respective SWIM Plans and should mitigate the nutrient
loading problem significantly.
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5.9.3 Actions
The EPA should consider increasing its involvement as follows:
a. Building on the success of the FIFRA programs, the
Agency should expand training and outreach programs to
more effectively reach the public and the operational
level of state and local regulatory agencies.
b. The Agency should be more active in assisting pesticide
and nutrient monitoring efforts in South Florida. The
number of monitoring stations should be expanded to
include each of the agricultural areas, Biscayne Bay
and the Keys; sampling should occur at greater
frequency and be coordinated with actual pesticide use
patterns; and the specific analyses conducted should be
consistent with the pesticides being used.
c. The Agency should either conduct or sponsor a
comprehensive study of potential pesticide surface
water and groundwater contamination in the WDAA. The
study should address non-point contamination and
mixing/loading sites.
d. The Agency should consider the use of the Wetland
Advanced Identification (ADID) process as a means of
minimizing wetland losses due to land conversions.
5.10 NATIVE HABITAT ALTERATION
5.10.1 Background
The alteration of native wetland and upland habitat is of major
concern in South Florida. Although a number of varying
estimates on the extent of past losses have been developed, a
shared CIS habitat/land cover data base is critical for any
comprehensive evaluation of the status of the ecosystem and
subsequent coordinated protection efforts. The GIS data bases
of the SFWMD and FG&FWFC should provide an excellent nucleus for
such an undertaking. According to one estimate, 1284 square
miles of the historic Everglades and adjacent marsh have been
lost to drainage and development, a 36 percent reduction. Water
has been diverted from half of the historic Everglades watershed
by the construction of an extensive drainage system. According
to FG&FWFC from 1936 to 1987 700,000 acres of wetlands were lost
in the Everglades ecosystem. Based on USFWS and SFWMD, in spite
of the environmental regulations in effect since the 1970's,
wetland losses have continued at an estimated annual rate of
26,000 acres state-wide. More dramatic is the estimate by the
SFWMD that between 1989-1990 over 1 million acres of South
Florida wetland and upland habitat were adversely impacted by
agricultural and developmental activities. Habitat impacts
continue to result from activities including: urban and
infra-structure construction, agricultural conversions, flood
control and drainage hydrological modifications, surface mining,
water quality changes, and exotic species infestation. As the
causes of the alterations are varied so are the agencies and
their respective jurisdictions involved in regulating and
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protecting the habitat. In the case of South Florida, the
agencies with direct involvement include: EPA, COE, FLDER,
SFWMD, FGFWFC, FLDNR, USFWS, and the 16 counties in the area.
In addition, numerous other agencies are involved in formulating
land use, infrastructure improvement, and agricultural
conversion decisions. The State is taking steps to plan and
coordinate the various state and local efforts through the
Comprehensive Growth Plan and the SWIM Plan processes. The
Section 404 program is one of EPA's major tools to deal with
habitat issues in SF. The NEPA process also provides
opportunity to help direct federal actions affecting habitat.
The Section 404 program has not been able to provide a
sustained, consistent effort at stemming wetland losses and
perturbations of aquatic resources in South Florida. This is
due, in part, to a lack of adequate resources to deal with the
many and complex problems and lack of a coordinated interagency
approach. The NEPA process also has not been applied with a
broad enough perspective.
To be more actively involved in South Florida EPA needs to
develop internal cross-program coordination as well as becoming
more involved in on-going state, regional, and local activities.
An overall, coordinated strategy for habitat protection needs to
be developed. This strategy needs to address both regulated and
unregulated habitat with greater emphasis on planning, early
involvement, and interagency cooperation on all aspects of the
issue. The Region's Strategic Plan should serve as a framework
for these efforts.
5.10.2 Issues
a. Large areas of aquatic and terrestrial habitat are being
destroyed or degraded in spite of federal, state, regional and
local regulatory programs.
b. Lack of coordinated, landscape scale effort among regulatory
programs results in inefficiencies and reduces ability to
protect habitat.
5.10.3 Actions
a. Improve intra- and interagency coordination and planning.
b. Conduct areawide evaluation of remaining natural aquatic and
terrestrial habitat including mapping, prioritization, and
cumulative loss analysis.
c. Utilize NEPA process to broadly examine federal activities
affecting habitat; to consider alternatives to project
proposals; and to evaluate cumulative impacts.
d. Examine Section 404 program policies and procedures to allow
for a sustained, consistent and aggressive effort.
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e. Emphasize holistic landscape approach to habitat management
including corridor protection and reestablishment.
f. Evaluate EPA's role in exotic species (e.g. Melaleuca)
control.
5.11 Federally Recognized Indian Tribes
5.11.1 Background
Two (2) Federally recognized Indian Tribes have reservations in
the South Florida Study Area (SF): the SEMINOLE TRIBE of
FLORIDA and the MICCOSUKEE TRIBE of FLORIDA. See "FIGURE 3" for
location of the respective Tribal lands. The importance of
Tribal Federal recognition to EPA is that Federal laws mandate
the Tribes be treated the same as "States".
Seminole Tribe of Florida
a. The reservation totals 89,300 acres consisting of the
following geographic areas: Hollywood 497 acres, Big
Cypress 52,338 acres, Brighton 35,803 acres, Tampa 40
acres and Immokalee 599 acres. The land which
consists mainly of wetland areas with upland hammocks
is dependent on its hydrological characteristics on
operation of the canal and pumping system. The
vegetation consists mainly of Australian Pines, Cabbage
Pines, Cypress, Maple, Oak, Melaleuca, Pine and Rubber
trees. Use of the land is for housing, cattle grazing,
crop growing, oil and gas production.
b. Tribal population on reservations is approximately
2,045 persons and increasing. The population is
concentrated on the Big Cypress and Brighton
reservations.
c. The Tribe has a representative form of government which
is in two (2) distinct governmental entities. The
Tribal Council administers the Human Services, and the
Board of Directors of the Seminole Tribe of Florida,
Inc., which deals with economic development.
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d. There are community wastewater systems at the
Hollywood, Big Cypress and Brighton Reservations. The
community drinking water systems at Big Cypress and
Brighton Reservations obtain their water from deep
wells.
e. Parts of the Hollywood and Tampa Reservations are
within air quality non-attainment areas. Other than
mobile sources no major sources exist on the
reservations.
f. Parts of the Reservations are used for crop production
which entails use of pesticides.
Miccosukee Indian Tribe of Florida
a. The total reservation consists of 264,333 acres in three
(3) reservations: perpetual lease from the State of
Florida, 189,000 acres, Federal Trust 75,000 acres, and
National Park Service 40 year lease 333 acres.
b. Land uses at present consist of: wetland and upland
hammock areas, oil and gas lease operational areas,
commercial and residental areas. Hydrological functions
of the surface water are dependent on the canal and
pumping system. The land leased from the National Park
Service along U.S. 41 is primarily in commercial
and residental use.
c. Tribal population on the reservation is approximately
300 persons and increasing.
d. The Tribe has a representative form of government
(Business Council) which manages all matters concerning
the Tribe.
e. Tribal/individual income is from tourist trade, bingo,
hunting and fishing, and leasing of land for cattle, and
oil and gas.
5.11.2 Issues
a. The Tribes and EPA need an improved channel for
communications. The current system of multiple contacts
is not providing the Tribes with the most useful and
coordinated technical assistance needed for managing
their resources in an environmentally sound
manner.
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b. The Seminole Tribe has discharges from community
wastewater treatment and individual systems. The
Miccosukee Tribe has individual septic tanks and two
(2) community sand filters. All discharges should be
monitored to avoid any water quality problems.
c. Pesticides are being applied by non-certified persons
even though they have been trained by the State of
Florida.
d. Uncontrolled disposal of household waste by individuals
on the reservations may be creating environmental
problems.
e. Wetlands have been dredged and filled by the Tribes and
individuals without the application of appropriate §404
procedures.
f. Mercury contamination in fish has been identified as a
major Tribal concern.
5.11.3 Actions
a. EPA should improve communications with each of the
Tribes by setting up a single EPA point of Indian
Contact for the SF study recommendations.
b. The Tribes should be encouraged to conduct a
"Multi-Media Environmental Assessment" to determine
current status and future needs so that needs can be
met in an environmentally sound manner.
c. EPA should use technical staff and grants to help
Tribes with their Multi-Media Environmental Assessment,
and to train the tribal staff to optimize their
environmental program.
d. EPA should assist the Tribes to develop a system for
training and certifying persons responsible for using
pesticides.
e. EPA should work with the Tribes to allow for a
sustained and consistent §404 program application
effort on Tribal activities.
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6.0 REGULATORY CONTROL
6.1 Background
The number of agencies and layers of statutes and regulations
affecting water and other media and resources in the South
Florida area is extensive and often overlapping. There are no
fewer than seven federal and nine state agencies as well as
regional, county and municipal agencies that are involved in
this area.
Although EPA has no direct regulatory role in land use and
water supply planning, a number of EPA's and other federal
agencies regulatory and oversight programs currently provide
input to land use and water supply planning decisions within
the South Florida area.
This Section begins with a brief discussion of the identified
agencies and their primary programs related to this study.
Next, issues that are identified from this review are set out.
Finally, possible actions that EPA or other federal and state
agencies may take under present statutory or regulatory
authority are discussed.
6.2 Federal
There are numerous federal agencies that have a variety of
regulatory roles involved in South Florida. The list of
agencies includes the Environmental Protection Agency; the
Department of the Interior which includes the U.S. Fish and
Wildlife Service (USFW), the National Marine Fisheries Service
(NMFS), and the National Park Service (NFS); the U.S. Army
Corps of Engineers; the National Oceanic and Atmospheric Agency
(NOAA) under the Department of Commerce and the Department of
Agriculture (DA).
The Environmental Protection Agency (EPA) has authority to
administer a variety of statutes to protect environmental
resources including the Clean Water Act (CWA), Clean Air Act
(CAA), Resource Conservation Recovery Act (RCRA), Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA
or Superfund), Safe Drinking Water Act (SDWA), National
Environmental Policy Act (NEPA), Endangered Species Act,
Federal Insecticide Fungicide and Rodenticide Act (FIFRA) and
several other statutes. Although the EPA has delegated
permitting authority while retaining oversight authority for
some of the above statutes to Florida, the EPA retains primary
permitting and enforcement authority over other programs
including NPDES, the new federal Stormwater program and Section
404 Dredge and Fill permits. In some cases there are also
parallel state programs established in Florida.
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The U.S. Fish and Wildlife Service (USFWS) under the Department
of the Interior, the National Oceanic Atmospheric
Administration (NOAA) under the Department of Commerce (DOC)
and the National Marine Fisheries Service (NMFS) administer the
Endangered Species Act, the Lacey Act, the Fish and Wildlife
Coordination Act, the Marine Mammal Protection Act and several
other acts relating to the protection of the nations's fish and
wildlife resources. The USFWS has also established a
consultation process to work with the Office of Pesticide
Program to establish or modify directions for the use of
pesticides that may affect endangered or threatened species.
The USFWS also manages the Loxahatchee National Wildlife
Refuge. They also review and comment on federal permits issued
under the CWA and the Rivers and Harbors Act.
The Army Corps of Engineers regulates the discharge of dredge
and fill materials into waters of the United States under
Section 404 of the CWA through permitting. They also permit
certain types of work conducted in navigable waters and can
take enforcement actions for discharge of refuse (broadly
defined) under the Rivers and Harbors Act, and regulate the
ocean dumping of dredged material under Section 103 of the
Marine Protection, Research and Sanctuaries Act.
The Department of the Interior manages and administers the
operations of the National Park Service which includes the
Everglades National Park, the Big Cypress Preserve and the
Biscayne National Park. Although they do not have a direct
regulatory function, their stewardship role results in their
indirect involvement in projects affecting the areas. The
Bureau of Indian Affairs, also under the Department of
Interior, is responsible for the United States obligations to
Indian Tribes including the management of Indian lands and
natural resources which are held in federal trust. The
Seminole and the Miccosukee Indian Tribes hold lands in South
Florida. By Compact, the Seminole Tribe has agreed to follow
most of the substantive provisions of Florida water law on the
properties held in trust for them. The Miccosukee Indians,
whose reservation is located in Water Conservation Area 3,
lease land in the WCA for fishing and hunting and are under a
good-faith obligation to enter into a Water Rights Compact to
govern water management on the reservation.
The Department of Commerce (DOC) implements the Coastal Zone
Management Act which grants authority to preserve, protect and
restore or enhance the nation's coastal zone through the use of
management plans. This includes coastal wetlands, estuaries
and shoreline features. Under this program, the DOC encourages
and assists the states in establishing coastal zone
conservation programs. In addition, the National Oceanic and
Atmospheric Administration (NOAA), under the DOC, is authorized
to implement the National Estuarine Sanctuary Program. In
Florida, this includes the Rookery Bay National Estuarine
Sanctuary and the recently designated Florida Keys National
Marine Sanctuary and Protection Act of 1990.
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The Soil Conservation Service under the Department of
Agriculture, is involved in the control and prevention of soil
erosion as well as other federal policies. The Department of
Agriculture is also implementing the 1990 Farm Bill that
requires them to address water quality through protection
plans, the Wetlands preservation program and the Environmental
Conservation program as they relate to farming actions. These
latter programs will allow the purchase of 30 year easements or
outright land purchases for the protection and restoration of
wetlands.
6.3 State and Regional
Florida state agencies that have regulatory other authority in
the South Florida Area include: the Florida Department of
Environmental Regulation (DER), the Department of Natural
Resources (DNR), the Department of Community Affairs (DCA),
the Department of Transportation (DOT), the Game and Fresh
Water Fish Commission (GFWFC), Department of Agriculture and
Consumer Services (DACS), and the Department of Health and
Rehabilitative Services (DHRS). Two regional agencies which
have regulatory authority in the Study Area are: the Regional
Planning Councils (RFC) and the Water Management Districts
(WMD).
The Florida Department of Environmental Regulation's (DER)
mission is to protect the state's environmental resources
through the control of pollution. The DER is authorized to
issue permits for stationary sources that may impact surface
and groundwater water quality, new sources of stormwater
runoff, solid and hazardous waste facilities, air quality,
public water systems, water well construction, dredge and fill
activities (wetlands protection) and underground injection
control wells. The Department's jurisdiction is based on the
definition of "Waters of the State" (See discussion at Section
6.5.2 and in Appendix). Permit authorization for certain
programs has been delegated to other agencies. The main office
in Tallahassee provides support for the six district offices
located throughout the state. Most permit applications are
processed by the District offices. Permitting procedures are
uniform under the Florida code. Under state law, if a notice
of intent to deny or issue a permit is not issued within 90
days of the receipt of the complete application, the permit is
issued by default. The DER also is charged with oversight of
the Water Management Districts and implements the federal
Section 319 non-point source program. In addition, DER is
resposible for the overall implementation and approval of the
SWIM priority lists and plans as well as the management of the
SWIM Trust Fund.
The Florida Department of Natural Resources (DNR), located in
Tallahassee, is authorized to manage land conservation,
reclamation and acquisition programs, protect recreational
land, animals and plants, saltwater fisheries (Marine Fisheries
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Coiranission) and regulate oil and gas exploration programs. In
addition, DNR is responsible for the aquatic weed and exotic
plant control programs and Manatees and Sea Turtle protection
efforts. DNR also is authorized to purchase, hold title and
manage state-owned lands including those lands that are
environmentally endangered or significant through the Board of
Trustees of the Internal Improvement Trust Fund. The DNR will
also jointly (with EPA and NOAA) develop and implement a
comprehensive program to reduce pollution, protect and restore
the water quality, coral reefs and marine life in the recently
designated Florida Keys National Marine Sanctuary.
The Florida Department of Community Affairs administers
Florida's laws and regulations concerning growth management and
planning including the review and certification of local
government comprehensive plans. The DCA administers Florida's
Development of Regional Impact (DRI) and Areas of Critical
State Concern (ACSC) plans. All state agencies review and
comment on DRI's and Comp Plans in areas related to their
program resposibilities. The DCA supervises the
administration of the Environmental Land and Water Management
Act including rule promulgation and enforcement.
The eleven Regional Planning Counsels (RPC) in Florida are
independent agencies created by statute to develop regional
policy plans, provide technical assistance to the local
governments and report on the regional community and natural
resource impacts for each proposed Development of Regional
Impact.
The five Water Management Districts (WMD) were created by the
enactment of the Water Resources Act in 1972. The South
Florida Water Management District is the successor to the
Central and Southern Florida Flood Control District which
succeeded the Everglades Drainage District and the Okeechobee
Flood Control District. The WMDs jurisdiction is based on the
definition of "Waters in the State" (as compared to "Waters of
the State"). The WMDs issue permits for the consumptive use of
water, well construction, storm water and surface water
management and artificial recharge of groundwater. The WMDs
are also authorized to construct and operate water control
works and engage in water resource planning including flood
protection, water supply, water quality protection and
environmental protection and enhancement. Based on the
definition of "Waters in the State", the WMDs have authority to
issue permits for activities in isolated wetlands. Under
Florida's CWA Section 208 program, the WMDs are responsible for
many aspects of non-point source discharge program. Pursuant
to the 1987 Surface Water Improvement and Management Act
(SWIM), the WMDs are required to develop lists of and rank
priority water bodies and then develop specific plans to
address the water related problems in those water bodies.
Unlike most agencies in the state, the WMDs are taxing
districts and have ad valorem taxing authority to generate
revenues for their programs.
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The Florida Department of Transportation (DOT) regulates any
projects related to state highways including access permits,
and acts in an advisory capacity to the Department of Community
Affairs, regional planning councils and city and county
governments. The DOT also review local comprehensive plans and
DRI for traffic analysis. Although the DOT does not directly
regulate environmental affect on natural resources of the
state, the activities they permit and review can have
environmental impacts. On major federally funded projects, DOT
prepares the EIS with final approval the resposibility of the
Federal Highway Administration.
The Florida Game and Fresh Water Fish Commission's (GFWFC)
mission is the protection, management and conservation of wild
animal life and freshwater aquatic life. The Commission has
jurisdiction over waters of the state where the water quality
or quantity will affect wild animal life or freshwater aquatic
species and is authorized to enforce fishing, hunting and
wildlife trading laws and issues permits involving endangered
species, threatened species and species of special concern.
The Commission also provides comments and technical advise to
other state agencies where there is concern over the impact of
the proposed activity on the above resources.
The Florida Department of Agriculture and Consumer Services
(DACS) is authorized to regulate and inspect most agricultural
activities and provides a channel of communication to make
recommendations to the Governor and Legislature concerning the
needs of agriculture in the state. The Department also
implements the delegated portions of the pesticides
regulations. The Department serves as the organizers of the
Pesticide Review Council, whose members represent the various
state agencies with interests in the agricultural pesticides
area. There is also a toxicologist, an industry representative
and several at large members, the chair being rotated among all
members. The Council reviews all issues relating to pesticides
and advises the Department Commissioner on their findings. The
Department also regulates open burning related to rural land
clearing for agricultural or forestry operations, and the
Florida Pesticide Law and Rules which includes pesticide
registration and use regulations.
The Florida Department of Health and Rehabilitative Services
(HRS) regulates and issues permits for construction and
installation of onsite sewage disposal systems. HRS is also
resposible for regulating private water systems, mosquito
control, beach closures and issuing health warnings for
contaminated fish.
6.4 Local Agencies
Local agencies include the county and city Departments of
Health (which are part of HRS), the County Governments and the
City governments. The various agencies have differing
functions but have broad authority through local ordinances to
regulate development and the use of land.
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The counties and cities review Development of Regional Impact
Plans and develop local government comprehensive plans as
required by the state comprehensive plan process. Some
counties have local pollution control programs approved by
DER. Some counties, such as Dade County have been delegated
specific programs by the DER and have substantial environmental
regulatory programs. The Dade County Department of
Environmental Resources Management (DERM), like the WMDs, as a
county agency has ad valorem taxing authority to fund their
program.
6.5 Issues
6.5.1 Overlapping Jurisdictional Boundaries
In determining the geographic scope of this project it was
decided that the Jurisdictional boundary of the South Florida
Water Management District (SFWMD) would suit the purposes of
the project. This district area is primarily based on
hydrological boundaries. During the review of the
Jurisdictional boundaries of the various agencies in the state
it became apparent that the different agencies had different
boundaries; some based on physiographic features, some are
based on political boundaries. Within the South Florida study
area, which is generally based on the SFWMD boundaries, are two
entire DER districts, the South District in Ft. Myers and the
Southeast District in West Palm Beach and part of the Central
District, located in Orlando. There are all or parts of five
Regional Planning Councils. The study area includes all of
sixteen counties and all or part of four Regulatory Field
Offices of the Army Corps of Engineers.
Although overlapping jurisdictions do not necessarily create a
problem, it increases the difficulty of dealing with regulatory
matters. Depending on location, the individual players
representing the various agencies on a given matter will
differ. Contiguous jurisdictions of all involved agencies
would aid in the permitting process and promote regional
decision making.
6.5.2 Regulatory Complexity
One complaint that has been heard during discussions with
various parties in Florida is that there are too many
regulatory programs at the federal, state, regional and local
level that overlap, resulting in multiple levels of management
and requirements. In some cases there are actually multiple
agencies having authority over one media. Some examples
follow.
Dredge and fill activities are regulated by more then one
agency and jurisdiction will vary depending upon the nature and
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location of the activity. Under the Clean Water Act, dredge
and fill activities are regulated by the Corps of Engineers
with EPA review and jurisdiction based on the federal
definition of "Waters of the United States". On the state
level, dredge and fill activities are regulated by the DER and
apparently in some cases by local county agencies based on the
definition of "Waters of the State". This results in different
definitions of wetlands. The federal jurisdiction includes
isolated wetlands which the state does not. However, the South
Florida Water Management District (and two other WMDs) have
adopted detailed rules that address isolated wetlands which are
not in the DER jurisdiction based on their jurisdictional
definition of "Waters in the State" (different from "Waters of
the State"). There are also differences in the types of
wetlands plant species which are used to define wetlands. This
is complicated further when water quality issues under WMD
jurisdiction is involved. The Corps may also have jurisdiction
under the Rivers and Harbors Act. The Corps and DER have
developed a joint application program for dredge and fill
activities which helps in filing permit applications, but the
differing jurisdictions can create confusion for the applicant.
Many of the state regulatory programs are based on federal
delegations, some which are partial. For example, Florida has
been delegated the base RCRA program. However, the HWSA
amendments, including corrective action authority, have not
been delegated. As a result, in some cases, both a DER and EPA
permit will be required for hazardous waste activities.
Further, enforcement actions may involve either or both
agencies.
At the DER District level some programs have been delegated to
county agencies. This will vary depending on the ability of
the individual county agency to manage the program. Where
there has not been a delegation, dual permits may be required
for some programs. This can result in a regulatory nightmare
for the permit applicants. For example, Dade County (DERM) and
Palm Beach County environmental agencies have been delegated
authority for underground storage tanks and some groundwater
consumption issues. The Palm Beach County health unit
regulates some hazardous and solid waste issues. DERM and the
Palm Beach Health Unit regulate permitting of certain sewage
treatment units. The Palm Beach environmental agency is
negotiating for wetlands delegation.
During a recent speech at a Florida Bar Association Continuing
Legal Education meeting, Lt. Governor Buddy McKay noted that
permitting is a "bottleneck" in Florida. He stated that
Florida is considering a plan to offer one-stop permitting if
the permit applicant will agree to higher environmental
standards. The carrot is that the cost of adhering to higher
standards would be less then the present permitting process.
He went on to note that along these lines, the state will also
seek wetlands delegation from EPA.
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To promote additional consistency in Florida, the state is
drafting a Growth Management Plan for Florida. The Growth
Management Task Force is made up of members from the
Departments of Community Affairs, Environmental Regulation,
Natural Resources, Commerce, Labor, and Transportation. Once
the plan is developed, all the agencies will have to sign it
and abide by it. Combined with the State Comprehensive
Planning Process, this should allow growth to proceed without
causing unforeseen conflicts. For example, the Department of
Commerce will not try to bring in an industry that could not
get required permits from the DER or where infrastructure could
not support the industry.
6.5.3 Unregulated Discharges
Under Section 402 of the Clean Water Act (CWA), the EPA
regulates the discharge of pollutants into the navigable waters
of the United States from point sources. Although most point
sources are regulated, an exemption exists for discharges
composed entirely of return flows from irrigated agriculture
which was added when the CWA was amended in 1977. The
discharges from the EAA fall under this exemption, precluding
the EPA from regulating these discharges.
Briefly, a review of the legislative history indicates that
this exemption was added for two primary reasons; 1) to avoid
penalizing the farmers in areas where they had to irrigate
which would require permits for discharges and 2) that EPA did
not have the resources to handle permits for the numerous
farming discharges that were present. The conclusion was
reached these discharges should be handled using Best
Management Practices (BMP) under Section 208, the Area-Wide
plans. In 1987, non-point source regulations (Section 319 of
the CWA) were added which could address these discharges
through Best Management Practices. Unfortunately, the BMP
program, up to this point, has not controlled the discharges
from agricultural operations such as those in the EAA as
perceived by the regulatory drafters.
6.6 Actions
6.6.1 Regulatory Implementation By EPA
An outcome of the review of the regulatory picture in South
Florida was the recognition that in some cases current
regulations could address some of the problems identified by
the Team. Increased civil and criminal enforcement under
present regulations would also act as a deterrent, potentially
preventing violations of environmental laws. Existing and
recent regulations such as the 1990 Farm Bill and the storm
water regulations should be examined to ensure the full
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regulatory effect is implemented. However, exemptions in the
regulations do preclude regulation of some activities.
The following is a discussion of the application or increased
implementation of these regulations.
Clean Water Act, NPDES Permitting
As noted above, the NPDES progam regulates point source
discharges but contains exemptions for discharges generated
by certain activities. South Florida contains an extensive
canal system involving various types of structures to
control the movement of water in the system. A review of
this system to determine the applicability of the NPDES
program should be done.
Clean Water Act Sections 208 and 319 Programs
Under CWA Section 208, Areawide Waste Treatment Management,
the states were directed to develop areawide plans which
identified the areawide wastewater treatment needs as a
planning tool. Florida implemented the State's Section 208
area-wide water quality management planning program,
including non-point source (NPS) controls through a variety
of federal, state, regional and local agency programs. DER
implements the 208 program, and oversees and coordinates
other agency involvement in the NPS program. DER has
specific regulations to establish minimum treatment
standards to assure that non-point source discharges are
not causing or contributing to water quality standards
violations. There is also authority to implement BMPs and
storm water programs. Among other programs, the WMDs also
have non-point source control authority under the Henderson
Act which granted authority to permit agricultural water
management systems. Under the Henderson Act, all new
agricultural operations must include a surface water
management system that complies with the management of
surface water regulations in each district. This includes
a system of BMPs to protect water quality. As is apparent
from the problems associated with NPS water quality, these
programs have not been fully effective.
In 1987, the Clean Water Act was amended and Section 319,
the non-point source program was added. Under this
program, the states were required to develop management
programs to address non-point source runoff. Florida has
submitted their program which EPA has approved. Under the
program the DER/WMD will identify water bodies that require
non-point source controls. Management plans utilizing the
SWIM program requirements will be developed. The second
part of their program will include demonstration projects
to apply the plans. Each year, the state applies for grant
money to implement the program. This program could be used
to implement Best Management Practice demonstration
projects on the EAA activities to reduce the discharge of
pollutants. Presently, the state has not requested grant
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money for a program to study and implement BMPs for this
area.
Clean Water Act Section 404 Program
At present in Florida, several agencies are involved in
regulating various aspects of dredge and fill activities as
they relate to wetlands. (See discussion above on
Regulatory Confusion at 6.5.2). The DER's lack of
jurisdiction in "isolated" waters; the limited number of
vegetative species used to identify wetlands and
jurisdictional limitations on alterations to vegetation
causes conflicts with the federal definition and scope of
wetlands. The WMDs limited jurisdiction over these areas
adds additional players to the regulatory scheme. At the
federal level, implementing alternative analysis at an
early stage in the process could aid in the permit review
process. The Agency/Corps need to develop a mitigation
policy specific to South Florida to address degraded
areas. Lastly/ although EPA has authority under Section
404(c) to veto permits, the "permit veto" process is
complex, is primarily used on large projects and does not
truly offer the Agency the flexibility to veto permits, nor
does it offer the deterrent effect intended.
The advanced identification process offers the Agency/Corps
the opportunity to place parties on notice, prior to
purchase and/or advanced planning expenses are incurred,
that an area contains wetlands and development will be
either limited or not allowed . It also puts the Corps on
notice as to which wetlands the Agency considers
important. Cumulative impacts would need to be addressed
during this process as well as significant degradation.
There may be some constitutional takings issues to address
when a property is designated as wetlands generally
unsuitable for discharge of fill, but this issue could
surface regardless of when the property is identified.
Also additional monitoring of wetlands projects is needed.
Although some of these areas would require a review of the
Memorandum of Agreement between the Agency and the Corps on
how the program is delegated, other areas could be
addressed through additional resources for identification
and enforcement purposes.
Clean Water Act Storm Water Regulations
The NPDES Permit Application Regulations for Storm Water
Discharges will eventually require some sort of control for
point source discharges of storm water from certain
industrial activities and separate municipal storm water
systems serving 100,000 or more people. The regulations
have set deadlines for the submission of information from
each regulated entity concerning their discharges and
programs (Part 1 of the application). Part 2 of the
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application, due at a later date will require more
detailed information concerning the discharge, authority to
control it and proposed management programs to control the
discharge.
In the South Florida area, it has been determined that
several counties will be required to submit applications
based on the size of the municipalities in the county.
Since Florida presently has a storm water program, the
Agency will review the present permits to determine if
those permits, including the discharge parameters, meet the
federal guidelines. If that is the case, those permits
will be adopted. If not, and the Agency determines that a
discharge requires a permit, the Agency will issue a
separate permit. Industrial storm water discharges in a
given area may be subject to general permits, but will be
required to be permitted. All permits will have limits
set, but the difference between this program and the
general NPDES program is that control will be through BMPs
rather than end of the pipe treatment.
While the Agency is in the early stages of implementation
of these provisions, and developing policy concerning the
application of the regulations, an early review of how
these regulations would apply to the storm water system in
Florida would be helpful to plan future regulatory
activities to manage water discharges in the area. Due to
the topography of the South Florida area and the seasonal
rainfalls, Florida utilizes a system of canals and pumping
stations to move storm water to various discharge points
including the Water Conservation Areas, the Everglades Park
and near coastal waters. The storm water regulations will
address some of the water entering the canals from the
larger municipalities and industrial sources. However,
non-point source runoff also contributes pollutants to the
system, potentially causing problems where the water is
discharged into the Water Conservation Areas, the
Everglades or near coastal waters. The Agency should
monitor the water quality in this system to determine if
the storm water regulations are controlling the problem and
if not, identify additional regulatory means to control it.
6.6.2 Critical Species and Habitat
The federal Endangered Species Act provides protection for
endangered species and the habitat they inhabit. Habitat
protection is essential for the protection of endangered
species in the wild. Under the Act, the Fish and Wildlife
Service is required to identify critical habitat required for
the maintenance and recovery of endangered species, assess the
impact of activities on those identified habitats and authorize
the prohibition of acts that would lead to the loss of an
individual member of an endangered species. The loss of any
endangered species is considered a taking under the Act.
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At present the focus has been more on individual species
protection rather then critical habitat protection. Increased
identification of the critical habitats in the South Florida
area should be encouraged as a means to protect this resource.
6.6.3 National Park Waters - Federal Reserved Water Rights
Federal Reserved Water Rights, or the Winters Doctrine (the
leading case on this issue is Winters v. United States, 207
U.S. 564, 1908) allows that when the federal government
reserves land from the public domain, it also reserves the
amount of water that is necessary to maintain the primary
purposes for which the reservation was established. In other
words, if the basis for the establishment of the land
reservation required some minimum amount of water to maintain
the reserved land, in application, the Winters Doctrine would
authorize the enjoinment of any outside interference with that
water flow. In the case of the Everglades National Park, or
other federal holdings in Florida, if the lands involved were
federally reserved and water is necessary for the primary
purpose of the park, a federal reserved water right may be
created. Application of this Doctrine could give the National
Park Service additional authority to control the volume of
water that flows into the park or reserves to restore the
historical hydroperiods required for the existence of the flora
and fauna. Although water quality per se has not been
protected under this doctrine, this argument has not been made,
and potentially could be used also to protect the quality of
the water entering the Park.
6.6.4 Increased Criminal Enforcement
Under many of the federal statutes and regulations, criminal
penalties are set out for specific violations. The level of
deterence generated by the enforcement of these provisions
warrants increased enforcement activity. According to the U.S.
Attorneys Office in South Florida, there are a number of
potential criminal cases that could be developed. Presently,
the criminal investigations are conducted by agents based in
Atlanta. EPA attorneys, working with U.S. Attorneys in the
state develop the cases. According to the parties involved,
the program suffers because an agent is not stationed in
Florida. The presence of an agent in the Florida area,
focusing on these cases would increase the Agency's ability to
take action for criminal violations of the various statutes and
thus increase the deterrent effect.
6.6.5 Increased RCRA Section 7003 Enforcement
Florida presently is not authorized to take corrective action
under RCRA. EPA issues corrective action orders in cooperation
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with the state. In addition to using corrective action
authority, RCRA Section 7003, the Imminent and Substantial
Endangerment provision, could be used by the Agency to take
action to order cleanup and abatement of releases both of solid
and hazardous wastes that pose an imminent and substantial
endangerment to health or the environment. This would provide
additional protection to surface and groundwater in Florida.
6.6.6 EIS for Central and South Florida Project
The Central and South Florida Project (C&SF) was constructed
prior to 1969 when the National Environmental Policy Act (NEPA)
was passed. As such, an Environmental Impact Statetment (EIS)
analyzing the environmental affects of the canal system was not
conducted. Over the years, there have been several federally
funded and sponsored modifications to the system, some of them
taking place after 1969. Under NEPA, any major federal action,
significantly affecting or impacting the quality of the
environment requires an EIS. The Agency implementing the
action is required by the statute to implement the EIS
process. By definition, major includes both new and continuing
activities. Also, the impact considered can be the effect of
cumulative actions; the incremental impact of the action, added
to other past, present and reasonably foreseeable future
actions, regardless of what other federal or non federal agency
or person will take those actions.
Presently, there are additional modifications planned to the
canal system. The Agency should explore the application of the
EIS process to the cumulative impact of past and future actions
that have taken and will take place in the C&SF system.
6.6.7 Governor's Clearing House for Federal Actions
Under Federal Executive Order, all major federal actions are to
be reviewed through a clearing house process in the affected
state. Florida's Office of the Governor has set up such a
process and the review of federal projects by appropriate state
agencies is coordinated through them. They then review the
responses from each of the state agencies and develop the
consolidated position of the state. In this manner, the state
makes the determination of who needs to review a certain
project and provides a consolidated response to the federal
agency. This procedure works effectively in reviewing federal
projects. This approach should be a model for improving EPA
input into state and local actions. A similar type of system
could be set up in reverse for appropriate federal agencies to
review major state projects that impact federal programs and
resources. EPA could take the lead and act as a clearing house
for this type of activity. In addition to allowing federal
input on certain state projects, this would promote additional
interaction between the state and federal agency counterparts.
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6.6.8 Rivers and Harbors Act
Under the Rivers and Harbors Act of 1899, the Army Corps has
the authority to prohibit or take action for the discharge of
refuse into any navigable water of the United States or
tributary of any navigable water. The Courts have broadly
interpreted the term refuse to include all foreign substances
not included in the statutory exemptions for refuse flowing in
the sewers and streets. This provision, broadly applied, could
be used to protect the navigable waters of the United States in
Florida.
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7.0 COORDINATION
7.1 Background
Because South Florida is a single ecological system closely
linked by hydrology, the establishment of effective
coordination across programmatic and agency lines of
responsibility is essential for any comprehensive approach to
solving environmental problems. As has been discussed above,
the South Florida area is fragmented by numerous political,
jurisdictional, and programmatic boundaries which make any
comprehensive management and protection of natural resources
difficult. Therefore, there is a need for improved
coordination within EPA and between EPA and other agencies. In
establishing more structured coordination, existing mechanisms
such the National Environmental Policy Act (NEPA) process
should be considered as a means for greater media involvement
on federally funded and regulated activities. The NEPA process
can provide early involvement across program activities and
on-going participation in long-range planning and design
activities such as the Kissimmee Restoration project.
Additional focus is also necessary in coordinating EPA's
interactions with state, regional, local, and other federal
agencies. Although long-range, the establishment of an
inter-agency coordination group may be useful. Short-range,
greater use can be made of existing mechanisms such as the
State's SWIM and the Comprehensive Growth planning processes.
Much can be accomplished by greater and more constant
participation in these on-going processes which are designed to
coordinate across jurisdictional lines. Even recognizing the
differing missions of the agencies involved in South Florida, a
more constant and focused involvement will result in improved
environmental planning efforts together with earlier
identification and resolution of policy conflicts.
7.2 Issues
a. Environmental protection activities are fragmented
among many governmental agencies with lack of
structured communication and coordination
b. Region IV efforts in South Florida although
considerable, are still too often being done on a
ad-hoc project basis rather than on an area-wide,
eco-system approach.
c. Increased coordination across individual Region IV
program lines is necessary.
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7.3 Actions
a. Develop Region IV policy for sustained participation
in South Florida.
b. Develop EPA structure for improved coordination and
participation in state and local planning, (e.g. SWIM
Plans/Comp plans) especially where federal resources
are involved (e.g. Everglades).
c. Dedicate resources for South Florida including
consideration of a permanent local presence which can
be accomplished by the establishment of a field office
or adequately funded, geographically-dedicated
regional staff.
d. Dedicate resources at the regional level to coordinate
activities in a manner similar to the Gulf Initiative
Program.
e. Encourage and participate in the preparation of an
area-wide environmental impact statement which
evaluates the impacts of the C&SF and cumulative
impacts of other federal actions on the South Florida
environment.
f. Involve citizens and interested environmental groups
via outreach program; set up EPA "envirophone" line.
g. Exchange current intra- and interagency organizational
charts and phone directories on a regular basis and
establish clear points of contact.
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8.0 INTEGRATED DATA AND MONITORING
8.1 Background
Because of the interrelated environmental problems in South
Florida and the multi-layered jurisdictional responsibilities,
the development of an integrated shared data base for the
entire area is essential. This data base would serve as a
common focus for evaluating existing conditions, monitoring
changes or trends in the system. Based on our discussions,
many agencies in SF are actively developing CIS data bases. The
data bases of the South Florida Water Management District and
the Florida Game and Freshwater Fish Commission appear to be
particularly comprehensive in regard to land cover and habitat
type. We are currently pursuing these data for incorporation
in Region IV's geograghic information system (GIS). To fully
utilize all the available data and tie it into existing ongoing
efforts, an integrated data base should be designed and
implemented. The development of this shared data base should
carefully consider the planning and regulatory needs of
in-house users and should be coordinated with state, regional,
federal and local agencies in South Florida.
Currently, the environmental monitoring efforts in South
Florida are fragmented and generally have narrow programmatic
focuses. An integrated approach is needed to track changes in
the interrelated system. Since the Environmental Monitoring
and Assessment Program (EMAP) is an ecologically integrated
monitoring concept, it is an approach that appears to be
tailor-made for the needs of characterizing the status and
trends of the South Florida environment.
8.2 Issues
a. The lack of an integrated environmental database
hinders Region's ability to understand, plan, and
direct coordinated efforts to solve the complex
problems in South Florida.
b. Fragmented and narrow monitoring efforts fail to track
impacts and changes in interrelated environmental
systems.
8.3 Actions
a. Continue to develop an integrated, shared GIS in
cooperation with state and local agencies.
b. Evaluate EMAP as a tool to monitor environmental
changes.
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9.0 TECHNICAL DOCUMENT OVERVIEW
The Florida Department of Environmental Regulation in 1989
compiled the Florida Water Resources Bibliography (FWRB). Over
12,000 documents relative to Florida water resources were
reviewed and assembled. Of this number, 428 apply to the 16
counties comprising the South Florida study area. The
diversity of subject matter for the study area is illustrated
in the following table (table 1). Many of these references
aided in the present study. The subject matter is identified
via key words, year, and county. Each reference may include
multiple key words and may also relate to more than one
county. In these cases, key words may total more than the
original number of references reviewed.
10.0 MAP FIGURES
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TABLE 1
TECHNICAL DOCUMENT OVERVIEW
COUNTY
REFERENCE
YEARS
TOTAL NUMBER
OF REFERENCES
KEY WORDS: j
AQUIFERS
AVIANS
BIG CYPRESS
BIOAGSAY
BIOLOGY
BISCAYNE BAY
CALOOSAHATCHEE
RIVER
CAPTIVA ISLAND
CORKSCREW
SWAMP
ECOLOGY
ESTUARINE
EVERGLADES
FAUNA
FISHES
FLORIDA KEYS
FRESHWATER
GEOLOGY
HYDROLOGY
BROWARD
1958-
1987
94
14
4
11
19
7
6
4
3
20
9
33
COLLIER
1929-
1988
251
5
3
22
1
53
10
54
50
63
4
10
99
34
102
DADE
1921-
1988
317
30
11
5
5
96
44
37
42
84
13
23
61
37
95
GLADES
1937-
1988
28
4
1
1
8
5
8
3
1
1
1
16
3
12
HENDRY
1937-
1988
43
5
1
1
9
6
13
6
2
1
20
4
19
HIGH-
LANDS
1942-
1986
24
3
3
5
6
1
8
1
14
LEE
1892-
1988
173
9
3
5
21
27
11
1
31
30
4
32
27
57
MARTIN
1937-
1988
63
13
7
17
19
9
1
3
1
20
5
16
MONROE
1888-
1986
242
2
14
8
103
2
44
33
66
8
16
128
43
38
44
OKEECHO-
BEE
1937-
1988
30
7
2
8
10
1
1
1
1
20
1
13
OSCEOLA
1973-
1988
34
6
7
8
9
1
10
12
PALM
BEACH
1891-
1988
121
23
3
17
32
19
15
1
1
5
29
12
32
ST.
LUC IE
1958-
1985
32
7
5
8
1
3
4
6
11
SOUTH
FL
1856-
1986*
428
6
18
3
136
4
61
35
23
16
28
79
75
69
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TABLE 1
(CONT.)
COUNTY
REFERENCE
YEARS
INDIAN RIVER
KISSIMMEE
RIVER
LAKE
OKEECHOBEE
LOXAHATCHEE
RIVER
MARCO ISLAND
MARINE
METEOROLOGY
NAPLES BAY
ROOKERY BAY
ST. JOHNS
RIVER
ST. LUCIE
RIVER
SANIBEL ISLAND
SEDIMENTS
TEN THOUSAND
ISLANDS
TERRESTRIAL
VEGETATION
BROUARD
1958-
1987
7
2
5
1
COLLIER
1929-
1988
18
21
1
14
16
6
7
51
12
DAOE
1921-
1988
58
5
5
41
12
GLADES
1937-
1988
1
15
2
3
1
HENDRY
1937-
1988
1
16
2
9
1
HIGH-
LANDS
1942-
1986
5
1
1
2
LEE
1892-
1988
13
1
23
3
34
3
MARTIN
1937-
1988
6
1
14
5
5
10
3
2
MONROE
1888-
1986
71
2
16
46
20
OKEECHO-
BEE
1937-
1988
2
5
16
1
2
2
1
1
OSCEOLA
1973-
1988
9
1
2
1
PALM
BEACH
1891-
1988
13
12
4
1
1
11
2
ST. ,
LUCIE
1958-
1985
4
1
1
4
4
1
SOUTH
FL
1856-
1986*
65
14
96
43
* REFERENCES TO ENTIRE SOUTH FLORIDA AREA.
-------
\
3]
Q
m
GULF OF mlef
MEXICO
South Florida
Study Area
Blscayne Aquifer Sole Source Ar««
Biscayn? Aquifer
ATLANTIC OCEAN
-------
31
0
ZI
m
ro
EAA - Sugarcane, Vegtables, Sod, and lice
GENERAL AGKICUITURE Nursery, VegUbles, Citrus, etc.
CITRUS
RANGE ind PASTUKELAND - Pilmnry Conversion Lind ( Citrus and Vegitibles ).
CANALS and LEVEES
South Florida Study Area
Showing Agriculture and
Canal Systems
Gulf of Mexico
Atlantic Ocean
-------
CALOOSAHATCHEE NATIONAL
WILDLIFE REFUGE
CALOOSAHATCHEE STATE
RECREATION AREA
West Palm Beach
LOXAHATCHEE
NATIONAL
WILDLIFE
REFUGE
P STATE
3NSERVATION/
AREA 1 |
\
BIG CYPRESS
SEMINOLE INDIAN
RESERVATION
Immokalee jji
ffV
jAudubon Society ^k
.CORKSCREW ^
- -'SWAMP SANCTUARY
DELNOR-WIGGINS PASS
STATE RECREATION AREA
FAKAHATCHEE STRAND
STATE PRESERVE
OLLIER-SEMINOLE
STATE PARK
ROOKERY BAY
NATIONAL MARINE
SANCTUARY
CAPE ROMANO
TEN THOUSAND ISLANDS
STATE AQUATIC PRESERVE
CHEKIKA STATE RECREATION AREA1
GULF OF MEXICO
KEY LAHGO
/'NATIONAL MAR
SANCTUARY
Federal Land
Big Cypress National
Preserve Addition
State Land
Area of State Critical Concern
State Wildlife Management Area
State Wildlife Conservation Area
SOUTH FLORIDA REGION
BIG CYPRESS NATIONAL PRESERVE
United States Department of the Interior
National Park Service
DSC/MARCH 1989/176-20.003 D
FIGURE 3
-------
o
c
ID
m
Urban or Built-up Land
Ag r i cuItu raI Land
Range I and
Forest Land
Water
Wet land
Barren Land
... *jSpp?;
^>^5t*M&** '
USGS: Land Use and Landcover, 1979
LEVEL 1 LAND USE
AND LAND COVER
SOUTH FLORIDA
STUDY AREA
-------
Wetlands
^||=j|=||=|l = || = ||=l|=ri|=|| = |!rr||=i|-_
, l=|i=lt=!|=ll=ii=ii=ll=i|=|i=ii=ii=ii=ii^
=|l=l|=|l=|]=l|=||=||:=||=||=H=||=
=||=||=l|s:ll=H=ll=H=ll=ll=ll=ll=ll=ll=
Forests
ecosystems
.]?]L?«ir=tf===if=^^^^
,l=Hil^,,=ll=,,=H=rt4,1=((;H=,l^,=;,^^^MfMiTi
'Near Coastafc
4. *, 1* W fcf %f^f
Deposition
FIGURE 5
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