CHAPTER 2 

Issue Categories: Commenter Background, 

Scope, and Comment Period 

Pages 1109 - 1488 

Response to Public Comments 

Water Quality Standards for the State of Florida's 

Lakes and Flowing Waters 

November 14, 2010 

40 CFR Part 131 

Docket #: EPA-HQ-OW-2009-0596 

This document is part of a larger document 
Chapter 2 - Comment Documents Background 

BACK - BACKGROUND 

Comment ID 0184-1.001.001 

Author Name: Muench G. 

Organization: 

Negative Environmental and Management Factors Impacting Blue Crabs 

As a native of Tampa and commercial blue crab fisherman on Tampa Bay since 1976, I've tried to picture why blue crab
 

harvested has severely declined over the years. I'll try to describe negative environmental and management factors that
 

impact blue crabs in Tampa Bay from my point of view. The attached graph is not based on real numbers, but attempts
 

to demonstrate how negative environmental and fishery management factors impact blue crab sustainable resource
 

base line.
 

In the past, anyone could take a dip net and tub, or using chicken necks on a string could catch blue crabs in Tampa
 

Bay. Those days are gone as blue crab numbers continue to decline. When I started commercial catch blue crabs in
 

Ruskin, there were approximately 300 traps total in Little Manatee River and Cockroach Bay. Today, there are 1000
 

traps in river and few crabs found in Cockroach Bay. At one time, in the winter months up until March the deeper waters
 

of Tampa Bay were filled with blue crabs and crabbers from the east coast and Ft Myers area came to Tampa Bay to
 

catch blue crabs. Those days are gone along with the crab picking plants. In the 80s and spring of the year blue crabs
 

seem to migrate onto the shallow seagrasses of bay from the Gulf and deeper waters of the bay. The best blue
 

crabbing was found in lower salinity waters of upper Tampa Bay and few crab fishermen came to Ruskin area.
 

Blue crabs being detritus feeders require submerged vegetation and fringe shoreline vegetative habitat of the bay, its
 

streams, rivers, and fresh water brackish flows. The brackish water environment of Tampa Bay is changing due to
 

man's foot print on its uplands. Continued growth around Tampa Bay increases polluted stormwater and destruction of
 

native fringe vegetation of the bay and its streams and rivers. Note, the first thing homeowners do when building next to
 

the bay, a stream, or river will be clear its native shoreline vegetation and add seawall barriers. Bay dredging in the 50s
 

destroyed blue crab habitat forging areas of seagrass beds and native shoreline filtering vegetation. Increased bay area
 

growth created a much greater demand for municipal water taken from bay area springs, streams, and rivers. Bay area
 

agriculture also increased drawn down of Florida aquifer, plus increased polluted agriculture stormwater to streams and
 

rivers. As a commercial blue crab fisherman on Little Manatee River for 34 years, I recalled many times seeing row crop
 

plastic caught on my crab traps. I can't see the nutrient pollution from excess nitrogen and phosphorus that also washed
 

down the river with row crop plastics. Phosphate mining east of Tampa bay drains Florida aquifer and changes
 

hydrologic cycle of water from uplands to Tampa Bay that in turn reduces brackish stream flows to bay.
 

Florida's blue crab management regulations, which are common regulations in most states, reduce a sustainable
 

resource base. Note some of the FWC's rule problems.
 

First, FWC allows 1000 + crab traps per fisherman, while some states allow fewer traps per fisherman.
 

Second, female blue crab harvest is allowed even though in Florida blue crabs can have up to 17 broods of eggs in a 2­

1/2 year period.
 

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Chapter 2 - Comment Documents Background 

Third, Florida's blue crab fishery is managed as one unit, not divided into separate areas based upon harvest levels.
 

Forth, Florida provides no sanctuary areas to protect resource from over harvest.
 

Fifth, FWC lacks a proactive voice in protection of resource. Have you ever heard of a town meeting in Tampa Bay area
 

to discuss the decline of blue crabs?
 

Comment ID 0186-1.001.001 

Author Name: DuVal C. 

Organization: 

My parents farmed a small farm in Duval County, Florida, until I was twelve, and then they established a fiberglass 

manufacturing company in Putnam County. When the economy forced the fiberglass manufacturing company to close, 

my family started an orange grove that still survives today. I have lived in Florida most of my life, except for two years in 

Hawaii and eight years in New Orleans, Louisiana. In today's economic downturn, I firmly believe that the United States 

and Florida will survive by turning back to our agricultural roots and applying our ingenuity and our science. I provide 

this background to establish a frame of reference for my comments about the proposed rule: EPA-HQ-OW-2009-0596 

("Water Quality Standards for Florida".) 

Comment ID 0491-1.001.007 

Author Name: Yarborough J. 

Organization: City of Palm Bay Utilities Department 

Purpose 

Wade Trim has been requested to determine the impact of the proposed Numeric Nutrient Criteria (NNC) on the City of 

Palm Bay Wastewater Treatment Facilities, in particular the approximate planning level cost of making the 

improvements to comply with the very low NNC if this criteria were to be imposed as an end of pipe effluent limit on the 

current facilities. 

Background 

The City of Palm Bay owns and operates two existing wastewater treatment and disposal facilities. Both plants are 

being operated under the Florida Department of Environmental Protection (FDEP) Domestic Wastewater Operating 

Permit Number FLA103357. The current combined permitted treatment capacity of the plants is 5.2 million gallons per 

day (MGD) as an annual average daily flow (AADF) basis. 

The Wastewater Treatment Plant (WWTP) is a 4.0 MGD rated capacity conventional activated sludge treatment facility, 

with effluent disposal via a 5.0 MGD rated capacity deep injection well (DIW). Components of the liquid stream 

treatment process train include: pretreatment (including screening and grit removal) and secondary treatment (aeration 

and clarification) prior to disposal. The side stream biosolids treatment processes include: thickening (dissolved air 

flotation), aerobic digestion to Class B stabilization, and liquid sludge off-site disposal via land application. The City has 

commenced construction of a new solids dewatering facility to allow the future disposal of unstabilized cake sludge at a 

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Chapter 2 - Comment Documents Background 

landfill. 

The Water Reclamation Facility (WRF) is 1.2 MGD rated capacity extended aeration activated sludge treatment facility 

with tertiary treatment (filtration and high level disinfection) to allow the disposal of the treated effluent to a nonrestricted public access reuse system. Components of the liquid stream treatment process train include: pretreatment 

(screening), secondary treatment (aeration and clarification), and tertiary treatment (cloth media filtration and high level 

sodium hypochlorite disinfection). The biosolids generated from the treatment process are treated by aerobic digestion. 

The stabilized biosolids are pumped to the WWTP for further treatment. The WRF has been designed to meet the 

United States Environmental Protection Agency (USEPA) Class I Reliability Standards which are required for treatment 

facilities which dispose of effluent via reuse. The City has recently completed the installation of a new mechanical 

influent screen and an upgrade of the old sand filters with new cloth media type filters. 

Comment ID 0509-1.001.001 

Author Name: Garza, Jr. A. 

Organization: City of Pensacola Public Works 

The City of Pensacola is located in that portion of the State of Florida designated as the panhandle region by EPA's 

proposed Water Quality Standards. Pensacola a historic City dating back to 1698, is 28 square miles in size and has a 

population of 57,000. Currently the City is approximately 95%. developed and as a result of recent hurricane activities 

during 2004 and 2005 has experienced a 5% population decrease. The City is located within the 7,000 square mile 

Pensacola Bay watershed which extends into the state of Alabama; however only 0.4% of subject watershed is within 

the City boundaries. Being on the northern shoreline of the Gulf Mexico and having a number of pristine rivers and 

streams, the City is environmentally sensitive to issues related to surface water quality. 

Comment ID 0519-1.001.002 

Author Name: Herz W. 

Organization: The Fertilizer Institute 

TFI represents the nation's fertilizer industry including producers, importers, retailers, wholesalers and companies that 

provide services to the fertilizer industry. TFI members own and operate facilities in Florida. Many hold National 

Pollutant Discharge Elimination System (NPDES) permits for point source and stormwater discharges into Florida 

waters that would be affected by the water quality standards proposed by EPA. 

Comment ID 0541-1.001.002 

Author Name: Andes F. 

Organization: Federal Water Quality Coalition 

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Chapter 2 - Comment Documents Background 

The Coalition is a group of industrial companies, municipal entities, and trade associations that are directly affected, or 

which have members that are directly affected, by regulatory and policy decisions made pursuant to the Federal Water 

Pollution Control Act (the Clean Water Act). Coalition members for purposes of these comments are as follows: Alcoa, 

Inc., Alliance of Automobile Manufacturers, American Chemistry Council, American Coke and Coal Chemicals Institute, 

American Forest & Paper Association, American Iron and Steel Institute, American Petroleum Institute, Association of 

Idaho Cities, City of Superior (WI), Coeur D'Alene Mines Corporation, Edison Electric Institute, Freeport-McMoRan 

Copper & Gold, General Electric Company, Hecla Mining Company, Indiana Coal Council, Mid America CropLife 

Association, National Association of Home Builders, Olin Corporation, Orange County (CA) Sanitation District, 

Pharmaceutical Research and Manufacturers of America, Rubber Manufacturers Association, Utility Water Act Group, 

and the Western Coalition of Arid States. 

Coalition member entities - or their members - own and operate facilities located on or near the waters of the United 

States. Many hold individual and/or general permits for the discharge of pollutants into such waters. Some of these 

permitted facilities discharge into lakes and rivers in the State of Florida, so these facilities would be directly affected by 

the proposed federal water quality standards for nutrients. In addition, as regulated entities, members of the Coalition 

have a direct interest in any precedents that the U.S. Environmental Protection Agency (EPA) may establish that may 

have national implications with respect to nutrient water quality standards. 

Comment ID 0558.001.001 

Author Name: Aschauer Jr. F. 

Organization: Rose, Sundstrom & Bentley, LLP on behalf of the Clay County Utility Authority 

This firm has the distinct pleasure of representing the Clay County Utility Authority ("CCUA"), a water and wastewater 

utility established by special act of the Florida Legislature on October 1, 1994. CCUA serves approximately 40,000 

water and wastewater customers and 8,550 reclaimed water customers in the unincorporated areas of Clay County, 

Florida. CCUA, like many wastewater utilities, is monitoring the Environmental Protection Agency's ("EPA") rulemaking 

with regards to EPA's proposed numeric nutrient water quality standards for the state of Florida. Indeed, CCUA has 

tasked this firm with compiling comments to provide EPA in response to said rulemaking effort . 

Comment ID 0560-1.001.001 

Author Name: Campbell T. 

Organization: Florida Strawberry Growers Association 

The Florida Strawberry Growers Association (FSGA) is a voluntary trade organization representing strawberry farmers 

and affiliated businesses. Florida strawberries represent approximately 18% of domestic production and are the primary 

U.S. production source during winter months. The growing region is densely concentrated - primarily within 30 miles of 

Hillsborough County, Florida. Farm gate value is approximately $350 million with an economic impact to our immediate 

community approaching $1B annually. 

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Chapter 2 - Comment Documents Background 

Our farms understand the importance of clean surface water, and we have funded University studies of plant nutrient 

uptake. Our early adoption of drip irrigation practices was closely linked to the necessity to deliver precise nutrients via 

underground emitters throughout our growing season. Although the cost of conversion to drip irrigation was significant, 

the savings from reduced fertilizer usage with increased efficiency, a substantial reduction of water usage, and virtual 

elimination of nutrient runoff justified it. Strawberries are very prone to salt damage, so farms are extremely careful not 

to over-apply N while taking great care not to leach the applied nutrients below the root zone. Our agricultural 

community is extremely responsible about such environmental issues, and we have taken great precautions to protect 

our state waters. 

Florida has been a leader in protecting our waters from nutrient pollution using scientifically defensible numeric nutrient 

criteria to restore water bodies in equitable and cost effective ways. They have also recognized the wide natural 

diversity of water bodies within our state and the individual needs of each. Our State Department of Environmental 

Protection has set Total Maximum Daily Loads (TMDL) standards and adopted Best Management Practices based on 

sound science, which is also sensitive to the importance of the agricultural sector to our state economy. 

Comment ID 0561.001.001 

Author Name: Merkey C. 

Organization: 

I have been following the hearings here in Florida by the EPA concerning water nutrient regulations. I understand that 

certain regulations and septic requirements may come out of these hearings. Being a resident of rural Ocala where 

septic tanks are located I would like to make some comments on how I believe both the federal and state governments 

should proceed. The only effective way to restrict the flow of nitrates and other nutrients into Florida waterways and its 

aquifer is to use stimulus money to assist counties and other municipalities to connect all offending subdivisions and 

developments into city and county water and sewage lines. Three years ago Marion County began doing this by 

requiring all new developments to hook up to municipal services. Alachua County has done this for years. I understand 

that the President has spoken of updating the electric grid across the country. Why not cover municipal water and 

sewer lines especially in such critical areas as Florida? If such monies are made available there should be strict 

accounting procedures in place to insure that the monies are used appropriately and not for staff raises or other 

aggrandizement. 

Private water services for areas are NOT the way to go. They are not popular with the public because they are very 

expensive, are not maintained quite often, and are subject to little regulation. I know we cannot afford a $10,000 

sewage treatment plant to replace our septic tank. Parts for these systems sometimes have to be replaced yearly. We 

would much prefer to hook up to county lines. 

As for agricultural run-off encourage farmers to use organic methods and to provide appropriate stormwater controls. 

Tax credits for more sustainable farming would be a plus. The people of Florida deserve well-thought out methods for 

improving our state. Education and open-mindedness will go a long way. 

Comment ID 0562.001.002 

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Chapter 2 - Comment Documents Background 

Author Name: Walkinshaw J. 

Organization: Hillsborough River Watershed Alliance 

The Hillsborough River Watershed Alliance (HRWA), a public-private, non-profit program, was formed in 1992 as an 

innovative partnership between federal, state and local governments and agencies, environmental and civic 

organizations, and numerous citizens dedicated to protecting the natural resources of the Hillsborough River watershed 

. The HRWA is the only non-profit organization that dedicates its entire energies to the Hillsborough River watershed, 

an expansive and fragile ecosystem that flows directly into Tampa Bay. Programs and activities are conducted through 

our project networks, each with its own unique focus - Education & Outreach and the Frog Listening Network. The 

HRWA also hosts a coalition of agencies and organizations that are involved in environmental education within the 

watershed. 

The mission of the Hillsborough River Watershed Alliance is to protect and enhance the ecological sustainability and 

quality of life in the upper Hillsborough River watershed through coalition building, research, education and advocacy. 

Comment ID 0567.001.002 

Author Name: McAvoy G. 

Organization: University of Florida 

I am a Regional Specialized Vegetable Extension Agent with the University of Florida working in Southwest Florida with 

vegetable growers on approximately 75,000 acres of vegetables grown in Charlotte, Collier, Glades Hendry and Lee 

Counties. 

Comment ID 0586.001.001 

Author Name: Walden M. 

Organization: Alliance of Delray Residential Associations, Inc. 

The Alliance of Delray Residential Associations, Inc. is a community based organization comprised of 70 condominium 

and homeowner's associations in Delray Beach. We work towards building a strong community that serves the best 

interests of our 70,000+ residents by addressing issues that improve quality of life, enhance property values and protect 

the condo and home owner's rights. 

Comment ID 0587.001.001 

Author Name: Gildan P. 

Organization: Greenberg Traurig on behalf of the East Central Regional Water Reclamation Facility 

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Chapter 2 - Comment Documents Background 

On behalf of the East Central Regional Water Reclamation Facility, in West Palm Beach, Florida ("ECR"), below are the 

ECR's comments on EPA's document for Water Quality Standards for the State of Florida's Lakes and Flowing Waters. 

The ECR is a separate Interlocal governmental' entity created by the Town of Palm Beach, the City of Riviera Beach, 

the City of Lake Worth, the City of West Palm Beach and Palm Beach County to treat and dispose of the wastewater 

collected by each individual entity within their utility service territories (except Palm Beach County which sends part of 

its wastewater to the ECR and part to a County owned facility in southern Palm Beach County). The ECR owns and 

operates a 70-million-gallon-per-day (MGD) water reclamation facility (currently permitted for 64 MGD) with current 

average daily flows of approximately 40 MGD. 

Comment ID 0589.001.002 

Author Name: Foy J. 

Organization: StormwaterJ Engineering Inc. 

This cover letter is intentionally abbreviated with an attachment that expands and explains each of the following: 

1. The undersigned has represented and currently represents numerous government entities and private interests. 

Comment ID 0589.001.016 

Author Name: Foy J. 

Organization: StormwaterJ Engineering Inc. 

1. Jay G. Foy, P.E. is the president of a full service civil engineering firm located in Palm Beach County, Florida. The 

vast majority of his work is in South Florida with a large concentration of experience in Palm Beach County. His 

experience includes being responsible for coordinating personal, modeling, and reporting of the "Water Use Supply and 

Development Plan for the Lower East Coast and Lake Okeechobee Service Areas" June 1978 as published by the 

South Florida Water Management District (SFWMD). Jay was the first "Water Quality" Engineer hired by SFWMD. He 

has worked for private civil engineering consultant firms from 1979 through the present. 

He currently is an elected public official and serves the Town of Haverhill as Vice Mayor. He has served on the Haverhill 

Council since 1992 with a one year hiatus. He is very active in the Town serving on many committees including being 

the chair of Code & Ordinance and a member of the NPDES Committee. Jay was authorized to make statements to 

EPA regarding this Numeric Nutrient Criteria (NNC) at the Town of Haverhill's January 28, 2010 Council meeting. 

Jay G. Foy also represents the City of Atlantis as their City Consulting Engineer and is authorized to represent the City 

regarding NNC issues. Jay has been a consulting engineer for the City since 2004. 

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Chapter 2 - Comment Documents Background 

He is the Vice Chair of the Palm Beach County NPDES Steering Committee. The Committee authorized all Steering 

Committee members and Alan Wertepny (their consulting engineer) to represent the PBC group. 

In addition to the above, Jay has the following applicable experience: 

- NPDES engineering consultant for the Town of Lake Clarke Shores (has served the Town for most of the time since 

1992). 

- Current member of the Palm Beach County League of Cities Environmental Committee. 

- Current member of the Palm Beach County Water Resources Task Force. 

- Current participant in the SFWMD Peer Review Group. 

- Past engineering consultant to Indian Trail Improvement District (1992- 2008). 

- Jay was their Water Resources representative for the entire 17 years. 

- Past member of the North Palm Beach County Plan-CERP Project Delivery Team. 

- Current sub-consultant to SFWMD regarding the North Palm Beach County Plan-CERP. 

- Past engineering consultant to the Town of Palm Beach. 

- Past engineering consultant to the Town of Ocean Ridge. 

- Past engineering consultant to Northern Palm Beach County Improvement District. Past engineering consultant to the 

Village of Wellington. Specifically addressed water quality issues as a member of the Surface Water Action Team 

"SWAT". 

- Past engineering consultant to Palm Beach County. 

- Past engineering consultant to the Palm Beach County Solid Waste Authority. - -- Past engineering consultant to the 

City of Riviera Beach. 

- Past engineering consultant to the Loxahatchee River District. 

- Current and past consultant to numerous private corporations and individuals. 

Jay G. Foy has a Master of Science degree from the University of Central Florida with a specialty in Environmental 

Engineering. He graduated in 1975 with honors. 

Comment ID 0590.001.001 

Author Name: Conner R. 

Organization: Lakeland Water Utilities 

The City of Lakeland has long been a strong environmental steward. Our 1980's use of wastewater effluent in place of 

groundwater in evaporative coolers in our municipal power plants was groundbreaking. We currently evaporate about 

40% of the wastewater plants' flows in this manner. The concentrations of nitrogen remaining in our surplus wastewater 

effluent at discharge are the lowest in the entire Tampa Bay watershed . We are active in support of scientific research 

into how Florida's unique ecosystems operate and how they are best protected. Our efforts in control of sewer overflows 

are exemplary. 

Comment ID 0599-1.001.002 

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Chapter 2 - Comment Documents Background 

Author Name: Schwartz J.
 

Organization: American Forest & Paper Association 


AF&PA is the national trade association of the forest, pulp, paper, paperboard, and wood products industry. AF&PA 

member companies own and operate facilities located on or near the waters of the United States and discharge to 

those waters pursuant to Clean Water Act permits. Several of these permitted facilities are located in the State of 

Florida, so these facilities would be directly affected by the NPRM. In addition, as regulated entities, AF&PA members 

have a direct interest in any EPA action that may have national implications with respect to nutrient water quality 

standards. 

Comment ID 0612.001.001 

Author Name: Daltry M.
 

Organization: Sierra Club - Ft. Myer's Office
 

My name is Marti Daltry, organizer for the Sierra Club - Ft. Myers Office as well as member of the Board of Directors for 

the Caloosahatchee River Citizens Association. 

Comment ID 0619.001.001 

Author Name: Lee J. 

Organization: 

MR. LEE: My name is Jerry Lee. I have worked in the nursery industry for the last thirty-five years. I've spent probably a 

great deal of the last 20 years in trying to understand especially -- (unintelligible) #NAME? 

Comment ID 0620.001.005 

Author Name: Kelly H.
 

Organization: Fort Walton Beach Tea Party
 

We support responsibility to protect our environment, and our taxpayers -- our tax dollars going to build a brand new, 

$60 million wastewater treatment center is tangible proof of our commitment to the environment. 

Comment ID 0623.001.009 

Author Name: Null M. 

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Chapter 2 - Comment Documents Background 

Organization: City of Green Cove Springs 

MR. NULL: My name is Mike Null, and this is an abbreviated version of resolution by the City of Green Cove Springs, 

Florida, regarding the adoption of the numeric criteria by the USEPA. 

Comment ID 0623.001.012 

Author Name: Null M. 

Organization: City of Green Cove Springs 

Whereas since its conception City's Wastewater Department has as a goal to provide the highest quality service and 

value for its customers. And whereas the City recognizes the highly created wastewater -- (inaudible) -- and protecting 

the environment, in the City's case the Lower St. Johns River. 

Comment ID 0624.001.001 

Author Name: May F. 

Organization: 

MR. MAY: My name is Fount May. We have a family farm in Gadsden County. We have a farm north of Quincy where 

we rotate out cotton, soybeans, peanuts, and we have a nursery in Havana, and it's strictly a family business. My 

children, my two sons are now in it. 

Comment ID 0625.001.001 

Author Name: Hackney G. 

Organization: Hackney Nursery 

MR. HACKNEY: Good morning. My name is George Hackney. I am president of Hackney Nursery located in Gadsden 

County, Florida which is near Greensboro, Florida. Thank y'all for coming. I would like to welcome you. I know it's a 

great hardship to leave that wonderful weather in DC and spend a little time in Florida. 

When we moved to Florida in 1991, our family and I, and bought an existing nursery that totaled at that time about 38 

acres of irrigating rolling beds, I was told when I made this move from another state just north from here that my largest 

obstacle for future growth would be water; both water availability and the regulation of water. 

We have been able to grow our business. 

Currently, we have over 225 acres of irrigated beds, because we have worked with the Northwest Florida Water 

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Chapter 2 - Comment Documents Background 

Management District and Department of Environmental Protection and Department of Agriculture and University of 

Florida, mainly using the Best Management Practices Guide for producing containergrown nursery stock. This guide 

has many useful common sense techniques that are directed at enhancing and protecting water quality. The original 

version of this was printed in 1997 by leading professor, several from universities, including the University of Florida. 

The original of the BMP was funded in part by a grant from the United States Environmental Protection Agency through 

the nonpoint source management program, but pursuant to 319 in the Florida Clean Water Act, so you guys had a big 

part in these BMPs. As we begin our expansion when we had to build the nursery, we had to catch our irrigation run-off. 

This made good sense to us, not only from a water quantity issue, but also a water quality issue. 

Over the several years, we've spent several millions of dollars constructing 14 new ponds and lakes and retrofitting the 

original ponds that were there when we bought there. We've worked with the water management district, engineers, 

construction people moving dirt to drain all of our irrigation into these ponds. I'm proud to say we're not catching 100 

percent or our irrigation run-off today. We're catching 99.99 percent of it. 

Comment ID 0627.001.007 

Author Name: Stephens N. 

Organization: Manufacturers Association of Florida, the Florida Minerals and Chemistry Counsel, and the Florida Poultry 

Federation 

MS. STEPHENS: Good morning, my name is Nancy Stephens, and I'm speaking on behalf of the Manufacturers 

Association of Florida, the Florida Minerals and Chemistry Counsel, and the Florida Poultry Federation. As you can see, 

no one is untouched by this proposal. 

Comment ID 0629.001.001 

Author Name: Bassett B. 

Organization: Florida Dairy Products Association 

MR. BASSETT: Good morning. My name is Bill Bassett, and I am the president of Florida Dairy Products Association. 

My members are the processors and distributors of milk and dairy products who serve the citizens of Florida. I am also 

a former dairyman from Monticello, Florida. 

Comment ID 0634.001.001 

Author Name: Markey M. 

Organization: Gulf Power Company 

Good morning. My name is Mike Markey, and I'm with Gulf Power Company. Our service territory covers from the 

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Chapter 2 - Comment Documents Background 

Alabama line over to the Apalachicola River. And I thank you for hosting these hearings today. I have followed the 

developments concerning EPA's proposal for numeric nutrient criteria with great interest. As a person responsible for 

environmental licensing and compliance for Gulf Power, and also in my role in the Florida Electric Power Coordinating 

Group. 

Comment ID 0637.001.001 

Author Name: Littlejohn C. 

Organization: Florida Engineering Society 

I'm Chip Littlejohn. I represent the Florida Engineering Society today. I want to tell you a little about Florida Engineering 

Society. We're professional engineers, we speak, obtain permit, all for various aspects. We've been a longstanding and 

consistent supporter of the improved water quality in Florida. We have supported passing the TMDL legislation in 1999 

and revisions in 2004. As you can gather, it's widely understood that Florida has -- (inaudible) -- in the programs in the 

nation. I think even EPA has said that. We've also worked very hard in Florida on integrating water qualities with water 

quantities issues. Water management in Florida involves -- (inaudible), and making the TMDL in the process of Florida. 

So we're strong components of better water quality. 

Comment ID 0639.001.001 

Author Name: Carter K. 

Organization: South Florida Water Management District 

Good morning. My name is Kevin Carter, and I'm representing the South Florida Water Management District. We 

welcome this opportunity to provide comments to EPA. We thank you for holding this forum regarding proposed 

numeric nutrient criteria. District is a regional district covering 16 counties from Orlando to the Florida Keys serving the 

population of 7.5 million residents. Our agency is responsible for managing and protecting water resources in south 

Florida by balancing and improving water quality, flood control, natural systems, and water supply. We operate more 

than 2,300 miles in canals, 61 pump structures, 200 primary control structures, as well as 2,000 smaller control 

structures, which one federal, central and southern. The district has long been a leader in ecosystem restoration and 

developing the sound science that is necessary for from promulgating numeric nutrient criteria in the state of Florida. 

We were deeply involved in the development of the Florida total phosphorous criteria for the Evergrades protection 

area, a landmark area to develop stringent numeric nutrient criteria for the Everglades that took 11 years. If indicative of 

complexity of science and analyses necessary for setting standards appropriate and protective of South Florida's 

unique ecosystem, we've been part of the DEP tact which leads to the draft of the DEP numeric nutrient criteria last 

July. 

Comment ID 0640.001.001 

Author Name: Dudley S. 

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Chapter 2 - Comment Documents Background 

Organization: Florida League of Cities in Tallahassee 

I'm Scott Dudley with the Florida League of Cities in Tallahassee. I represent 410 cities that will all be impacted by the 

numeric nutrient criteria being proposed by the EPA and the implementation of the numeric nutrient criteria. League of 

Cities is pretty basic for us in terms of we believe that Florida wants to protect its waters. Local governments have taken 

a strong role in doing that. Our tourism, housing, development, business, essentially our way of life depends on clean, 

available water. The protection of Florida waters is what drives many local governments to adopt fertilizer restrictions or 

other types of regulation to participate in such programs as the Tampa Bay or Indian River Lagoon Estuary program to 

regulate wetlands and adopt other regulations and ordinances to protect the waters. Florida's local governments, as I 

said, have taken the lead. 

Comment ID 0641.001.001 

Author Name: Kates K. 

Organization: Florida Fruit and Vegetable Association 

Good afternoon, my name is Kerry Kates. I'm with the Florida Fruit and Vegetable Association. I'm here on behalf of our 

agricultural members. To begin, I'd like to say we all recognize the obvious importance of having clean water, especially 

here in the state of Florida. It is fundamental to the health of our ecosystems and to the health involving every person 

fortunate enough to call this state home. This is why in Florida agricultural community has made such concerted efforts 

to work with the local municipalities and safety agencies implementing practices aimed at reducing surface and ground 

water degradation including the removal of excess nitrogen and phosphorous. Currently there are approximately two 

million acres of agricultural and postural land within the state are enrolled and participating in the best management 

proposals program. 

Comment ID 0642.001.002 

Author Name: Bennett A. 

Organization: City of Clearwater 

I'm Ann Bennett. I'm assistant director of public utilities for the City of Clearwater. Clearwater is a community of about a 

hundred thousand people from the Tampa Bay. In the Tampa Bay region, we've effectively had numeric nutrient criteria 

for more than 20 years. We call it the Grizzle figure (phonetic). It's an act that dictates the level of affluent that will be 

discharged into the Tampa Bay or any of the contributories thereof. And about 20 years ago, we invested millions of 

millions, tens of millions of dollars in the case of City of Clearwater, where we have you're wastewater treatment plant, 

so we've been operating at that level. In addition to that, we didn't sit back down on our laurels and say we've done our 

part in the mid-'80s and '90s we instituted the stormwater utilities using that funding to increase the treatment of 

stormwater and to develop some sort of very good water quality projects such as K-Pock Park (phonetic) and 

(inaudible) Oaks Park. We've also instituted quite a bit of public parking to reclaim water systems to reuse this water in 

a beneficial way, and to get the nutrients into the soil and in and out of the surface waters. We've been active in funding 

members of the Tampa Bay water management resource and working towards the recovery of Tampa Bay. Later today 

11/19/2010 02:48 PM EST 2-1121
 
Chapter 2 - Comment Documents Background 

you'll hear from some of our consultants about the success we're having. We've experienced great success in Tampa 

Bay, even estuary. 

Comment ID 0643.001.001 

Author Name: Poppell R. 

Organization: Florida House of Representatives Natural Resource Appropriations Committee 

Is this on? Okay. Great. Thank you. I'm Ralph Poppell, Chairman of the Florida House of Representatives Natural 

Resource Appropriations Committee, and I would appreciate the opportunity to speak with you this morning, and 

appreciate you coming down and giving us this forum of which we can present some of our views and our concerns. 

Comment ID 0644.001.002 

Author Name: Janazzo J. 

Organization: Okaloosa County Commissioners 

Is it possible to bring up slide 27? If you'd be so kind. Ladies and gentleman, my name is John Janazzo. I'm a county 

commissioner from Okaloosa County. For those of you who are not familiar with the Florida local government, the 

commissioners are responsible for taxes, transportation, trash, and pretty much everything else no one wants to handle. 

I thank you for the chance to address you on the issue. We're sorry for the chilly weather, but this reminds us of why we 

live in Florida; and, of course, it keeps the algae population down, so we order it up every February. Okaloosa County is 

in the Central Time Zone. If you look over there on the blue part of the map, about 180 thousand full-time people, about 

a thousand square miles. 35 percent of it is taken by the Eglin and Hurlburt Military Complex. Another 13 percent of that 

land is taken up by water, so you see almost 50 percent of our land mass is taken up by military or water already. The 

rest of it is agricultural land and, of course, some urban. We are bordered to the north by the State of Alabama, a state 

we have no control over, by the way. I have hiked, boated, flown, paddled all over our county. I'm a founder of the 

Association for Bayou Conservation in Okaloosa County. I'm a member of the Choctawhatchee Bay Alliance, so I'm not 

a burn-and-build politician. 

Comment ID 0645.001.001 

Author Name: Lackemacher P. 

Organization: Bay County Utility Services 

My name is Paul Lackemacher. I'm the assistant director for Bay County Utility Services. I've been a member of 

AWWA, WEF (phonetics); and most recently, the newly formed Northwest Florida Managers Utility Council. I've had 

over 40 years of experience in water and wastewater. 

11/19/2010 02:48 PM EST 2-1122
 
Chapter 2 - Comment Documents Background 

Comment ID 0646.001.001 

Author Name: Griswold R. 

Organization: Destin Water Users 

My name is Richard Griswold. And incidentally, that's the shortest speech I've ever heard Paul Lackemacher give. I am 

the general manager of Destin Water Users, a professional engineer, and an environmentalist. 

Comment ID 0647.001.001 

Author Name: Reimer M. 

Organization: 

My name is Monica Reimer. I am an attorney with Earthjustice, which is the law firm that brought the lawsuit on behalf 

of our clients that resulted in the consent decree and these rules. However, I'm not here speaking on behalf of 

Earthjustice. I am speaking as a personal affected property owner. I live on a pond called Second Pond. It's on 

Woodland Drive. I am a resident of the Panhandle. I live at Woodland Drive. That is in between Myers Park and 

Indianhead Acres. Second Pond is a natural pond. It is connected to the aquifer by sink holes. It is very deep. It never 

goes dry. There is a historical indication that Second Pond was, in fact, the first drinking water reservoir of the State -­

of the City of Tallahassee. 

Comment ID 0648.001.001 

Author Name: Castile C. 

Organization: 

Good afternoon. I'm Colleen Castile, former Secretary of the Florida Department of Environmental Protection, and I am 

here unaffiliated with anyone other than myself today. Welcome to Tallahassee. It's a beautiful home town, and we're 

glad that you all were able to come here. We are sorry it's so cold. 

Comment ID 0651.001.001 

Author Name: Ghent R. 

Organization: CF Industries 

Yes. Good morning. My name is Richard Gent, and I'm employed by CF Industries, Incorporated. I currently serve as 

the Director of Community Affairs for CF Phosphate Operations. CF is a major manufacturer and distributor of nitrogen 

and phosphate fertilizer products throughout North America, and I'm a biologist with a background in water quality 

issues. And in my 32 years of service with CF, starting with my first job sampling and analyzing surface waters at our 

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Chapter 2 - Comment Documents Background 

Hardee Phosphate Complex, to my eight years of managing CF's Tampa terminal and warehouse, which is a fertilizer 

storage and distribution complex located on Tampa Bay, I can tell you that responsible management of nutrients has 

always been at the core of CF's environmental health and safety philosophy. 

Comment ID 0652.001.001 

Author Name: Janicki T. 

Organization: Tampa Bay Nitrogen Management Consortium 

At the risk of sounding like an attorney, can I approach the bench? I've got a few handouts for you that you can take a 

look at while I talk. My name is Tony Janicki, and I'm here to represent the Tampa Bay Nitrogen Management 

Consortium. And I'm sure you're thinking that here's another Tampa Bay person; you've heard a lot of them already. 

And rest assured, you're going to hear a bunch of them tomorrow. 

Comment ID 0652.001.002 

Author Name: Janicki T. 

Organization: Tampa Bay Nitrogen Management Consortium 

But I think the take-home message for you is, it's clear that these numbers represent the care and concern and respect 

that our community has for that resource. The Tampa Bay Nitrogen Management Consortium was formed in 1998. It's 

comprised of a whole bunch of people, including government and regulatory agencies, as well as a number of 

phosphate companies, agricultural interests, and electric utilities. Voluntarily, they've taken on the responsibility of 

meeting the nitrogen management goals that have been established for Tampa Bay. The strategy is such that we are 

looking at controlling nitrogen loads as a result of -- and resulting in increases in improvements of water quality and 

eventually sea grass return. And what we have seen is that this return has occurred over the last 15 to 20 years to quite 

a great extent. Now there are those that say that, well, you're not at your goal. And we've looked at other estuaries, and 

we're looking for other estuaries that have lost 30 to 40 percent of their sea grasses and have them coming back. There 

aren't a lot of good examples of restoration of sea grasses that we're seeing in Tampa Bay in other portions of the 

United States. And the reason being is that there's been a significant reduction in the loadings to Tampa Bay. As you 

can see, that the loads have been reduced by a factor of almost three, from more than 8,500 tons a year to 

approximately 3,000 tons a year, over that time period of 19 -- the late 1970s through the mid 1995s. 

Comment ID 0653.001.001 

Author Name: Blancher II E. 

Organization: Sustainable Ecosystem Restoration LLC on behalf of CF Industries 

My name is Doctor Eldon C. Blancher, II, of Sustainable Ecosystem Restoration. And I am an environmental scientist 

who has spent the larger part of my last 30 years' professional life working on nutrient issues throughout Florida. I've 

11/19/2010 02:48 PM EST 2-1124
 
Chapter 2 - Comment Documents Background 

developed nutrient budgets on numerous Florida systems, including Tampa Bay, Lake Okechoobee, and Lake Conway, 

among others. And I've developed and applied both empirical and mechanistic models for many Florida systems. I have 

served as an expert witness in Florida proceedings regarding nutrients and their biological impacts. 

Comment ID 0657.001.001 

Author Name: May F. 

Organization: 

My name is Fred May. I'm a fifth generation farmer and nurseryman here in North Florida. In our operation, we employ 

approximately 150 people during our peak season. We make every effort to be good stewards of the environment that 

God has blessed us with. We capture 95 percent of our runoff. We regularly take soil samples, foliage samples, and 

water samples. We're continuously tweaking our production decisions as a result of these tests. 

Comment ID 0658.001.001 

Author Name: Lowery T. 

Organization: 

Good afternoon. I'm Terry Lowery. I'm a vice president with the engineering firm of Jones Edmunds & Associates, and 

I'm also the chair of the Florida Chamber's Environmental Committee. And the thing about being Number 17 is most of 

the things that are really critical items have already been said. 

Comment ID 0659.001.001 

Author Name: Charles J. 

Organization: Florida Association of Special Districts 

My name is James Charles. I'm an attorney with the law firm of Lewis, Longman & Walker. I have the pleasure of being 

here today to speak on behalf of the Florida Association of Special Districts. Considering that we will be providing 

written comments, I will keep my oral comments brief. Our association has represented the interest of independent and 

dependent special districts in Florida since 1976. Special districts are limited purpose, governmental units that provide 

services that are traditionally provided by your local governments. 

Comment ID 0660.001.001 

Author Name: Ward G. 

Organization: 

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Chapter 2 - Comment Documents Background 

Good afternoon. I'm Gerald Ward, 31 West 20th Street, Riviera Beach, Palm Beach County. It's also the State's eastern 

most city. Thank you, Ms. Keehner, for the courtesy of the advancement. 

Comment ID 0661.001.001 

Author Name: Ferguson D. 

Organization: Florida Association of Counties 

Thank you. My name is Diana Ferguson. I'm the legislative staff attorney for the Florida Association of Counties. And 

first I just want to thank the Environmental Protection Agency for allowing us the opportunity to provide you with our 

comments today on the proposed rule. 

Comment ID 0662.001.002 

Author Name: Spitzer K. 

Organization: Florida Stormwater Association 

We've had stormwater runoff rules for 25 or 30 years. We have a science-based listing process to determine 

impairment of a water body. We have a science-based process to develop TMDLs and implement remediation 

measures. Most of these waters you see over here now have a TMDL that has been adopted on them. 

Comment ID 0664.001.001 

Author Name: Steinbrecher P. 

Organization: JEA 

My name is Paul Steinbrecher. I'm the Director of Permitting and Regulatory Conformance for JEA in Jacksonville, 

Florida. We're the eighth largest municipal utility in the United States. We serve the residents in Duval County and 

surrounding metropolitan area with water, sewer, and electric service. 

My comments today to you are really focused on Florida's existing numeric nutrient criteria standards, the solutions that 

are already underway to each of the pictures that were shown earlier today. 

Comment ID 0664.001.003 

Author Name: Steinbrecher P. 

Organization: JEA 

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Chapter 2 - Comment Documents Background 

I am pleased to report to you that wastewater treatment facilities are very close, within ten percent, of meeting their 

allocations on the TMDL for both total phosphorus and total nitrogen in the fresh water section of the St. Johns. With 

respect to meeting the marine TMDL allocation for total nitrogen, we are over halfway there. There have been total 

nitrogen reductions of over 500,000 kilograms per year. This TMDL was adopted in 2007. There are additional nutrient 

reduction projects being implemented by the wastewater treatment facilities and additional projects about to be 

implemented to meet these EPA approved nutrient allocations. In total, point sources have committed to and have 

about $500 million in projects underway right now that are expected to address the periodic nutrient impairment over 

the lower St. Johns. 

Comment ID 0668.001.001 

Author Name: Mann D. 

Organization: Utility Council of the American Water Works Association 

Good afternoon. Doug Mann with the Utility Council of the American Water Works Association, the Florida Section. 

Comment ID 0669.001.001 

Author Name: Langford L. 

Organization: 

Good afternoon. My name is Luke Langford. I'm a Holmes County cattle and produce grower. I'm just about a hundred 

miles to the due west of here. 

Forgive me for being underdressed. I hopped out of a tractor to come here. When I'm going back, I'm hopping straight 

back in. We're in our busy time of the year, but I wanted to take the time to come here. This is something that I think is 

very important. It's very critical to the future of my operation. 

In keeping with the recent speakers, I wanted to give you guys a couple of numbers. 97, that's the number of years that 

my farm has been in my family. I'm the fourth generation to carry it on. I have two sons, five years and one year old, and 

they're going to be my future farmers. 

My farm is 1,100 acres. We have 62 acres of water. They're gone now, but the pictures that were over there against the 

wall, I've seen zero instances of anything like that on my farm. I've never seen anything that looked close. If I did, that 

would be priority one to fix something that looked so ghastly. 

I live three, seven, and approximately 11 miles away from three of the 33 class I karst springs in the State of Florida. I'm 

in the watershed of all three. I live one mile away from the Choctawhatchee River. 

Comment ID 0671.001.001 

11/19/2010 02:48 PM EST 2-1127
 
Chapter 2 - Comment Documents Background 

Author Name: Leary P. 

Organization: North Florida Growers Exchange 

Good afternoon. My name is Phil Leary. I represent the North Florida Growers Exchange. That's farmers and producers 

in northeast Florida, about 50 farm families farming about 30,000 acres of potatoes and vegetables. Some of my 

farmers would have been here today, but they're dealing with ten inches of rain and trying to get a crop planted, so a 

pretty busy time. We have participated with the Florida Department of Environmental Protection and the Water 

Management District over the last five years in the TMDL and BMAP process for the lower St. Johns River Basin which 

all of this acreage is in, and we've come up with what we think are workable solutions for reduction of phosphorous and 

nitrogen from these farms. 

Comment ID 0671.001.003 

Author Name: Leary P. 

Organization: North Florida Growers Exchange 

We've worked, you know, with the department, and water management districts and the TMDL executive committee on 

best management practices that were adopted and developed by the Department of Agriculture in conjunction with the 

University of Florida, Institute of Food and Agricultural Science, my alma mater. These are the experts, the soil 

scientists, the agronomists, the agriculture engineers, and all of the specialists and scientists that come up with 

provisions for implementing and adopting BMPs that would reduce those nutrient discharges, nonpoint discharges to 

the river. Some of the practices are laser leveling, water control structures, banding, where they actually have to change 

their equipment and band fertilizer directly into the row. And then, of course, the most important one is the fertilization 

rates that have been designated by IFAS and are included in the BMP manuals. 

Comment ID 0672.001.001 

Author Name: Reed K. 

Organization: 

I'm a little nervous. I'm not used to doing this, and public speaking is not my forte. I wrote -- tried to write everything 

down so if I forgot anything, it would be in there. One thing I forgot to add is that my mother is at least a six-generation 

Floridian, and we're probably part Cherokee Indian as well, so we've been here for a while. The joke is we're part 

swamp. My name is Kathleen Reed. I live beside Garnier's Bayou in Shalimar, Florida, which is in the Choctawhatchee 

Bay Basin. I have an AA in biology, a bachelor's degree in animal science. I raise guppies at home. I tinker around with 

biospheres and kind of try to figure out how this fish and algae thing all works together. I try to help the environment 

when I can. I donate to local environmental causes, such as Choctawhatchee Basin Alliance. I do water testing for 

Choctawhatchee Basin Alliance when I can, sometimes I can't. When they need fish samples down in St. Petersburg 

and we've got a fish kill up there, I'm one of the people that's willing to go out there and wade around in the red tide and 

pick up a dead fish or a dying fish and try to get it to them before it goes bad so they can figure out what's going on with 

11/19/2010 02:48 PM EST 2-1128
 
Chapter 2 - Comment Documents Background 

it. 

Comment ID 0674.001.010 

Author Name: Bishop B. 

Organization: Associated Industries of Florida 

Okay. Welcome, appreciate you coming to Florida, appreciate you listening to all of our comments. My name is Barney 

Bishop. I'm President and CEO of Associated Industries of Florida. We are known as the voice of Florida business since 

1920. 

Comment ID 0675.001.001 

Author Name: Childs D. 

Organization: FWEA Utilities Council, the FSAWA Utility Council, and the Florida Rural Waters Association 

For the record, my name is David Childs and I'm speaking with you on behalf of the FWEA Utilities Council, the FSAWA 

Utility Council, and the Florida Rural Waters Association. These are the three major state umbrella organizations for 

municipal wastewater treatment utilities, public water supply utilities, and rural wastewater utilities. Any time you turn on 

a faucet or flush the toilet in Florida, you're most likely being served by a member of one or more of these organizations. 

Comment ID 0676.001.002 

Author Name: Alves J. 

Organization: Florida Coordinating Group 

Hi there. Thank you very much. My name is Jim Alves, A-L-V-E-S. I'm with the law firm Hopkin, Green & Sams, and I'm 

here tonight on behalf of the FCG, Florida Coordinating Group, a consortium of Electric Utilities. 

Comment ID 0678.001.008 

Author Name: Adams C. 

Organization: 

Good evening. My name is Colin Adams, and I'm an attorney with Earthjustice here speaking as a deeply concerned 

Floridian. I was born and raised in North Florida by a nature enthusiast who himself grew up in Miami and never missed 

an opportunity to take me into wild Florida, in fact, he still doesn't. But let's be clear about some of the things that's been 

said in earlier sessions today. 

11/19/2010 02:48 PM EST 2-1129
 
Chapter 2 - Comment Documents Background 

Comment ID 0679.001.001 

Author Name: Vogel C. 

Organization: Florida Water Quality Coalition 

My name is Cathy Vogel. I'm on Florida Water Quality Coalition. We are an organization of regulated industries which is 

very, very concerned about water quality in Florida. But we are also equally concerned about having reasonable 

science based and achievable water quality standards. First of all, Director King and representatives of EPA, I would 

like to welcome you to Florida, and thank you very much for coming to our state and holding these hearings. It is 

imperative that the EPA, and particularly EPA in Washington D.C., understand the convictions, concerns, and opinions 

of the citizens and of this state. And I encourage you to listen carefully and take this to heart, because it is on your 

shoulders to take the voices of Floridians back to Washington. 

Comment ID 0680.001.001 

Author Name: Meadows A. 

Organization: Florida Citrus Mutual 

Good evening. My name is Andrew Meadows. I represent Florida Citrus Mutual. We are the world's largest citrus trade 

organization with more than 8,00 grower members. Founded in 1948, we are in our 62nd year of existence. Mutual 

board is governed by a board of 61 directors elected each year. The vast majority are growers, and many of them are 

from 3rd and 4th generation Florida family farms. The Florida citrus industry covers about 570,000 acres in Florida 

which if contiguous would be about the size of Rhode Island.Citrus generates a state wide nine billion dollars a year, 

and indirectly and 

directly employs 76,000 people. Everyone from fruit harvesters to truck drivers to bankers. Citrus serves as Florida's 

signature industries and we're proud of that. Maybe you noticed the orange blossom on Florida license plates when you 

drove in. In Florida, we produce almost 75 percent of orange juice consumed in the United States. We are also the 

world's largest grapefruit producer. We produce wholesome products that provide our fellow citizens with essential 

nutrients including vitamin C, a healthy and powerful antioxidant. I hope y'all had your glass of orange juice this 

morning. 

Comment ID 0680.001.006 

Author Name: Meadows A. 

Organization: Florida Citrus Mutual 

Through BMPs have utilized techniques to minimize fertilizer run-off like scheduling applications to avoid Florida's rainy 

season, and variable application technology where machine reuses sensors to deliver a specific amount of fertilizer 

right to the tree has maximize deficiency. 

11/19/2010 02:48 PM EST 2-1130
 
Chapter 2 - Comment Documents Background 

Comment ID 0683.001.001 

Author Name: May R. 

Organization: 

Good evening. My name is Richard May. I'm not a consultant. I'm not a lawyer. I'm a farmer. My family lives in Quincy, 

Florida. We have a wholesale nursery. We also have a crop farm and timber. I live in Quincy, Florida with my wife my 

two daughters and another baby on the way. My family owns and operates a wholesale nursery in Gadsden County, 

Florida,one of the poorest counties in Florida. Gadsden County also boasts one of the highest unemployment rates in 

the state of Florida. I want to tell you a little bit about my family's history in Florida. We have been farming in Gadsden 

County for over 150 years, succeeding six generations. We purchased our farm in 1849 and since then we have grown 

cattle, corn, peanuts, tomatoes, tobacco, soy beans, sod, cotton, timber, and nursery plants. We have survived heat, 

drought, freezes, hurricanes, recessions, depressions, market fluctuations and international competition. 

Comment ID 0683.001.003 

Author Name: May R. 

Organization: 

I am an outdoors man. I'm a tree lover, a naturalist, and an avid plant collector and plant explorer. I probably spend 

more time in the forests and waters of Florida than over 90 percent of the citizens of the state including all of the socalled environmentalists. I love the outdoors. I will never intentionally do anything to harm the environment that I enjoy 

so much. Our farm operates according to best management practices that were set up by the Florida Department of 

Environmental Protection, the Department of Agriculture, and funded by you, the US Environmental Protection Agency. 

We use slow-release fertilizer. We capture our run-off water. We actively monitor all of our nutrient levels every week. 

We only fertilize when our nutrient levels fall to a level that necessitates additional fertilizer. Fertilizer costs money, and 

a lot of it, and it doesn't make sense to waste our fertilizer. So many people think that agriculture hurts Florida. These 

are the same people who think that tomatoes come from the second shelf on the right when they walk into the grocery 

store. In reality, farmers are the original environmentalists. We forego money, suburban lifestyle in exchange for open 

places, outdoor office and hard work. Agriculture is the unknown backbone of the state of Florida. We are the only thing 

standing between wide, open green spaces and wall to wall suburbia strip malls and concrete. 

Comment ID 0684.001.001 

Author Name: Fraleigh J. 

Organization: 

Good evening, my name is Jay Fraleigh and I'm from Madison, Florida, and I'm representing the nursery and 

agricultural segment of Florida, and also I'm on the Suwannee River Management District appointed by Governor of the 

state of Florida. 

11/19/2010 02:48 PM EST 2-1131
 
Chapter 2 - Comment Documents Background 

Comment ID 0684.001.005 

Author Name: Fraleigh J. 

Organization: 

And back to a little bit more of the economic impact, we were forced as a nursery there to be a self-enclosed nursery, 

and the environmental impact that we had to do to that piece of property with roads, the ditches, the culverts, the 

recycling pond all of the silting areas. We changed a 300-acre sight that was once pristine just to comply to some of 

these nitrate issues that we were dealing with. So the environmental impact is not only is from what these requirements 

could place onto the farm and agriculture has got to be considered. Because it's not just best management practice. It's 

also all of the things that we've been doing for years and years, and not just slow-release fertilizers. I, myself, at our 

nurseries, we took it upon ourselves and our costs, we implemented a new system. It's referred to as "Grow Eco" where 

we have no irrigation run-off. We're implementing only the nutrients into the plant material itself. We've reduced water 

consumption by 85 percent. What I want to make clear here in regards to anybody in farming and citrus industry and 

those in agricultural, we were the first stewards of lands. 

Comment ID 0685.001.001 

Author Name: Gmeiner S. 

Organization: Clint Nurseries 

Hello and good evening. I am Sheila Gmeiner and I am employed very proud and fortunate to be employed in 

agriculture industry in the state of Florida and an ornamental plant nursery in Gadsden County, Clint Nurseries of 

Florida. Clint Nurseries is also an active member of the Florida Nursery Growers and Landscape Association. 

Comment ID 0687.001.001 

Author Name: Joneck D. 

Organization: Florida Growers Landscape and Nursery Association 

I'm Debra Joneck with the Florida Growers Landscape and Nursery Association. Oh, lucky, me, I'm number 13. I know 

you guys are tired and we appreciate what you're doing. I actually have a few questions, because I really can't add 

anything incredibly new to anything that's already been said, and I don't intend to bore you. 

Comment ID 0688.001.001 

Author Name: Knox M. 

11/19/2010 02:48 PM EST 2-1132
 
Chapter 2 - Comment Documents Background 

Organization: Knox Nursery 

Good evening, I'm Monty Knox. I am president of Florida Nursery Grower Landscape Association, vice-president to 

Knox Nursery, Inc. which is the 97 nursery in America. I have 15 acres in production. I utilize 97 percent of my square 

footage. 

Comment ID 0688.001.003 

Author Name: Knox M. 

Organization: Knox Nursery 

One of the previous speakers had so many interesting comments; more nutrients got put out over this ten square feet 

than I put out in 13 years on my fifteen acres. He was just completely and totally wrong. BMPs. On BMPs, I have no 

tractors and trailers on my property. I have no nutrient run-off. Everything I do is by a BMP. I have 12 hot water heaters. 

I have over six miles of piping for that. I have no water loss for it's completely selfincluding system. I have no tractors. I 

have no trailers. I've got over 12 miles of railing that supports my moving bench system that is pushed by my 

employees. Of my square footage, 97 percent is covered by a bench, and of that 97 percent, 98 percent of the benches 

are covered with plants. There's no wasted space. Our old nursery that we closed five years ago had a chemical room. 

It's 20 foot by 20 foot. At my nursery that I opened in 1997 that is still in operation, I have 20 high school lockers. That is 

my chemical room. 98 percent of my chemical application is low-impact backpack sprayers that are five gallons. There's 

no drift. My fertilization is through my overhead boom irrigators which are mist, and they could not -- they don't mist onto 

the walkways. There's no run-off. It's just a mist. There's no drift and no run-off. That's in my plug division. In my 

finished division, we dropped our plastic pot program. We were the first nursery in the United States of America who 

dropped its plastic pot program. We went to cloth and fiber. If we wanted to, we could get the biodegradable, but it's got 

to have its own BP grade, because I need it for 45 days. The roots grow through it, around it. No plastic pots. I have a 

fertilizer charge and a fungicide charge in it. I don't do overhead fertilization out there. BMPs are our rule and you can 

measure it. Absolutely. I deliver to 48 states, Canada, to the Caribbean. I bring in over eight and a half million dollars in 

annual sale. 75 percent is from out of state. My competition is in North Carolina, Ohio, Michigan, Colorado, California. 

How do I compete with those folks? One of the interesting things is someone said that, you know, there's been no 

change. They're dead wrong. My location is less than two miles from Lake Apopka. You want to talk one of the filthiest 

lakes ever? That was 16 years ago. When I built my location, I had to put an acid injector there to lower the pH. It was 

seven parts per million. A year and a half ago -- and the reason we the was the root hairs take up fertilizer with a little bit 

of acid in it. So instead of going on a constant feed for my plugs which have got less than one square inch of soil, this 

way they were taking up the nutrients in slightly over 24 hours. So I could water and then have two wet cycles of pure 

water without fertilization. We couldn't figure out what the heck was going on. We were not have the fertilizer take up. 

Comment ID 0690.001.001 

Author Name: Beshears H. 

Organization: 

11/19/2010 02:48 PM EST 2-1133
 
Chapter 2 - Comment Documents Background 

Good evening. My name is Halsey Beshears. I don't have a five-dollar handle behind my name. Frankly I know y'all are 

too tired for me to sit up here and qualify myself to who I, am so I appreciate your patience and persistence, but just 

know I'm hear as a concerned father, I'm here concerned businessman, and a concerned American. Okay? I'm in the 

nursery business and I'm from North Florida as well. My family and I are farmers, and we 

are the original stewards of the earth. No one takes better care of our land and our water than us. I promise you that. 

Comment ID 0695.001.004 

Author Name: Grane C. 

Organization: Marion County Water Conservation District 

My name is Catherine Grane. I'm from Marion County. I served on the Water Conservation District there. I'm the current 

chair. We've been wrestling with this for some time in our county and recently passed ordinances for it. It's complicated 

as I'm sure you all are very, very aware. And I think one of the most difficult things from my perspective looking at this 

process going on, is that government sometimes regulates before it has all of the information, and this can be a real 

problem. I've watched Wakulla County implement these performance based septic tanks that are very expensive, and 

from my perspective don't believe they're very effective. 

Comment ID 0696.001.001 

Author Name: Wiygul R. 

Organization: Grower Affairs for Florida Citrus Mutual 

My name is Rusty Wiygul. I am the director of Grower Affairs for Florida Citrus Mutual. We represent over 8,000 

growers. We're the largest trade association in the world. But today I'm going to put on another hat and that's as a 

fourth-generation Floridian farmer. My family has been involved in agricultural for, like I said, four generations in the 

Lake County and Marion County area. 

Comment ID 0697.001.001 

Author Name: Stewart J. 

Organization: Mosaic Fertilizer LLC 

Good afternoon. My name is Jeff Stewart. I'm environmental superintendent for the Mosaic Company. I also serve as 

industry co-chair of the Nitrogen Management Consortium of the Tampa Estuary Program and I'm here today on that 

behalf. 

Comment ID 0698.001.001 

11/19/2010 02:48 PM EST 2-1134
 
Chapter 2 - Comment Documents Background 

Author Name: Provenzano S. 

Organization: Mosaic Fertilizer LLC 

Good afternoon and thank you for you time today. My name is Santino Provenzano, Environmental Superintendent with 

the Mosaic Company. I'm here today to present some comments from the company. First of all, I wanted to establish a 

standing that we have a significant interest in this rule. As Florida's largest phosphate mining and fertilizer producer, we 

are a proud co-sponsor and participant in the Tampa Bay Estuary Nitrogen Management Consortium, which has a chief 

target of water quality improvements in Tampa Bay through collaborative voluntary reductions. Mosaic has already 

committed tens of millions of dollars to numerous improvements to control and reduce discharges in Florida's 

waterways. And we respect industry and government standards related to water discharges and strive to not only meet 

but exceed those standards. 

Comment ID 0699.001.001 

Author Name: Bachmann R. 

Organization: University of Florida 

Roger Bachmann. I am representing the Florida Lake Watch program at the University of Florida. I spent my entire 

professional career in the study of lakes, and I'm here to talk about science. Lake Watch was initiated by Professor Dan 

Canfield and Mark Hoyer in 1986. In addition to monitoring lakes, the major focus of the program has been research to 

study trends on the distribution of nutrients in Florida lakes and research to examine the relationships between plant 

nutrients and the biological communities of Florida lakes. The results of this research has been published in 95 papers 

in lake management journals. I can be brief today because we will be submitting a detailed scientific report to the EPA 

on what determines the nutrient concentrations in Florida lakes, the relative importance of natural factors, like geology, 

soils, hydrology versus human activities around Florida lakes and the relationships between nutrient concentrations and 

biological communities in Florida lakes. 

Comment ID 0701.001.001 

Author Name: Forward D. 

Organization: Titusville Patriots 

My name is Don Forward. I'm a Titusville Patriot from Titusville, Florida. We are a constitutional conservative group that 

believe in the Constitution. We are -- we have or I have a strong hate-love relationship with the EPA. Over the years, all 

my life, I've worked in construction. The EPA has made lots of jobs for us, good-paying jobs, but a lot of those jobs were 

repeat jobs, also having to go back and do something over again, always having to upgrade and do this or do that. But 

the worst thing was that there's so many of these jobs that never got on the boards because of EPA costs, that we 

couldn't do. I didn't have a chance to get a better living than I have. 

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Comment ID 0707.001.001 

Author Name: Greening H. 

Organization: Tampa Bay Estuary Program 

Hello. I'm Holly Greening. I'm the Executive Director of the Tampa Bay Estuary Program, one of the 28 of EPA's 

national estuary programs in the country. In the early 1990s the Estuary Program developed the nutrient management 

strategy to support seagrass recovery in Tampa Bay. In 1996 the Estuary Program formed a public and private 

partnership to help implement that management strategy. The Tampa Bay Nitrogen Management Consortium now 

consists of more than 40 local governments, industries and electric utilities working cooperatively to implement this 

nutrient management strategy. 

Comment ID 0708.001.004 

Author Name: Guest D. 

Organization: Earthjustice 

David Guest with EarthJustice. We've been involved in nutrient pollution problems around the state for quite a while, 

twenty, twenty-five years. 

Comment ID 0710.001.001 

Author Name: Charles J. 

Organization: Florida Association of Special Districts 

James Charles with the law firm of Lewis, Longman & Walker. I have the pleasure of being here today on behalf the 

Florida Association of Special Districts. I provided comments yesterday in Tallahassee regarding the economic impacts 

and the EPA's proposed methodologies, and I thank you for that opportunity and I thank you for the opportunity to 

provide additional comments today. 

11/19/2010 02:48 PM EST 2-1136
 
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Comment ID 0712.001.001 

Author Name: Karlson D. 

Organization: 

My name is Dr. Dick Karlson. I'm a retired orthodontist and I'm a rancher. About 40 years ago I started to develop a 

ranch at the headwaters of Fisheating Creek, which is known as an intermittent creek. To those other ranchers who 

know what that is, it's a creek that dries up six months of the year and is a floodplain in the summer, which basically 

describes a lot of Florida, where there's a golf course or whatever adjoining waterway. 

Comment ID 0713.001.001 

Author Name: Merriam C. 

Organization: Orlando Utilities Commission 

My name is Chip Merriam and I'm with the Orlando Utilities Commission. First I want to thank you for taking the time to 

come down and actually listen to these presentations and taking your time and interest to learn what's difficult for us. 

I sat in your chair for 20 years, so I clearly understand the process. But it's also very difficult to get all the assessment 

necessary. All the concerns you're hearing are very deep and very personal to many people. With that, a little bit about 

who I represent. Orlando Utilities Commission has been a part of this community for the past 85 years. We're the 

second largest municipal utility in the state of Florida. We provide electric and water service to over 313,000 residents, 

ratepayers, in this particular area. We also have accounts in St. Cloud and unincorporated portions of Orange County. 

We're not only committed to providing the most reliable electricity and water supply that we can to our customers, but 

we also believe in being part of this community and doing it by example. We also have the benefit of our ratepayers 

allowing us to construct the greenest building in the city at this point in time. It is the gold-certified as well as we just 

achieved the Florida Water Star Certification for our particular building. We provide more than 80 million gallons a day 

of drinking water to our ratepayers. 

Comment ID 0714.001.001 

Author Name: Alexander J. 

Organization: Alico, Inc. 

I'm John Alexander. I live in Frostproof, Florida. I'm a native Floridian and having spent 48 years working in the field of 

agricultural in Florida. I'm presently serving as the chairman of the board of a public company, Alico, Incorporated. The 

headquarters of Alico lies in La Belle, Florida, about a hundred twenty miles south of here. 

Alico is the owner and operator of about 136,000 acres of land in five counties in Central and South Florida. The 

counties are Collier, Glades, Hendry, Lee and Polk County. We're a diversified land management company. We grow 

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food and agricultural commodities, including cattle, citrus, sugar cane, sweet corn, green beans, sod and turf grass, 

cabbage palms and oak trees, and even a few alligators. We've been managing this land for over a hundred years and 

are recognized as good stewards of land and water. 

Water is the single most important factor that we manage in producing these crops. We at Alico are vitally interested in 

the quality of water we use, and even reuse, as well as the cost of this water. 

Comment ID 0714.001.011 

Author Name: Alexander J. 

Organization: Alico, Inc. 

On the second point, those of us who live and work in agricultural in South Florida have made tremendous progress in 

reducing nutrients, both nitrogen and phosphorous, being discharged on our properties over the past 15 years. We 

have gone from being accused of being the problem to becoming a major part of the solution. We invite your inspection 

of our properties and facilities, that in cooperation with the Florida DEP and the South Florida Water Management 

District, are making significant strides in the reduction of nutrients. 

Comment ID 0715.001.001 

Author Name: Emery S. 

Organization: 

Good afternoon. My name is Scott Emery. I have a Ph.D. in ecology, more than 25 years of expertise in the State of 

Florida in water quality issues. I'm a visiting research professor at University of South Florida. I'm on the board of 

directors of their Institute of Environmental Studies. But I'm not here today representing USF. I'm here today as a 

private citizen. No one has paid me to come here, no one has paid me to look at the rule or read the consent orders, but 

I've done that. 

Comment ID 0716.001.001 

Author Name: Coughenour F. 

Organization: Plant City 

Good afternoon. My name is Frank Coughenour. I'm the utilities operation manager for the city of Plant City. Plant City 

is located in West Central Florida and the city has been an active participant in the Tampa Bay Nitrogen Management 

Consortium. Plant City has a population of approximately 30,000 people and then our wastewater and water utility serve 

five significant and industrial customers. Our basins contribute to four major streams. Our wastewater flows are about 5 

million gallons a day. We reuse, beneficially reuse, about two and a half million gallons a day and currently the rest 

goes to surface water discharge. We're actively seeking one million gallons a day of new reuse in the next couple of 

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years. 

Plant City has recently completed a roughly fifty-three-million-dollar construction project to improve their wastewater 

treatment facility. We treat all our water to surface water standards and public access reuse standards, which for Florida 

that's 5531 in high-level disinfection. 

We're involved in at least two major stormwater treatment projects with the Hillsborough County and Southwest Florida 

Water Management District. And I tell you all that to say that Plant City is a very proactive and responsible community 

and I think we're representative of many communities in the state that are doing the right thing and working hard to do it. 

We do have a number of concerns. We'll give you written comments, but I'll touch on a few right now. 

Comment ID 0717.001.001 

Author Name: Brown R. 

Organization: Manatee County Natural Resources Department 

Good afternoon. My name is Rob Brown. I work for Manatee County Natural Resources Department and currently serve 

as the local government co-chairman of the Tampa Bay Nitrogen Consortium. 

Manatee County is in a unique situation as the only county in the nation, that we know of, that is a member of three 

national estuary programs, Tampa Bay, Sarasota Bay and Charlotte Harbor. Manatee County policy members and 

technical staff are very involved in all three programs. Therefore, I feel we're very qualified to speak about watershed 

management strategies, specifically those that involve downstream effects to estuaries. First I would like to thank U.S. 

EPA for holding these public hearings to allow stakeholders to comment on the proposed water quality standards for the 

State of Florida's lakes and flowing waters, although it's not possible to address all of our concerns related to this ruling 

in the time allotted. So we will be providing written comments from the County and the Consortium. They will be 

forthcoming. 

Comment ID 0719.001.002 

Author Name: Peterson E. 

Organization: Responsible Growth Management Coalition 

And now, from my own experience here in Southwest Florida, in 1978, I moved to the banks of the Estero River. I've 

lived there until this day. I've watched that river become more and more degraded. We used to swim. I caught a snook 

in that river. Mullet would jump in our river. I don't see that anymore. They're not there. The river is sort of a murky, 

winding way to the Gulf, and it's just really disgraceful that we can't use our pristine waterway. It's even been declared 

an outstanding Florida waterway. To what avail? It didn't seem to help. 

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Comment ID 0720.001.001 

Author Name: Selph J.
 

Organization: Citizens of Charlotte County Farm Bureau
 

Well, I'm glad I made it. My name is Jim Selph. I'm currently president of the Citizens of Charlotte County Farm Bureau. 

I'm a retired extension agent emeritus of the University of Florida and a combat veteran of Vietnam. 

Comment ID 0721.001.001 

Author Name: Johns F. 

Organization: Lykes Brothers, Inc. 

Hi. My name is Flint Johns and I work for Lykes Brothers, Incorporated, which is a multifaceted agricultural operation 

here in the State of Florida. It's been in business nearly a hundred years. We have a wide range of businesses, much 

like Alico. I won't go into all of them. But, more importantly, I'm here representing myself today as a fifth-generation 

Floridian and a fellow cattleman and producer, ag producer in this state. 

Comment ID 0723.001.001 

Author Name: Payne J.
 

Organization: Farmland Reserve, Inc. doing business as Deseret Ranches of Florida
 

Good afternoon. My name is James Payne and I work with Deseret Cattle and Citrus Ranch located in Brevard, 

Osceola and Orange Counties. 

Comment ID 0724.001.001 

Author Name: Kane D.
 

Organization: Citizens for Constitutional Property Rights
 

Hi there. Hi, Denise. How are you doing? 

I'm Delores Kane, K-A-N-E. I'm Director of Citizens for Constitutional Property Rights. And I think we should all be very 

happy about how much cleaner our water is today than 1978, when it was really, really bad, and I think we have a lot to 

thank you all for for that. 

Comment ID 0724.001.005 

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Author Name: Kane D. 

Organization: Citizens for Constitutional Property Rights 

I came down here from Kansas in '54. The first thing I found out, they don't have any mud here. High and dry is to two 

and three feet higher than the property next to it. Things are different in Florida. 

Comment ID 0726.001.001 

Author Name: Price J. 

Organization: Rayonier 

Good afternoon. Thank you for the opportunity to comment on these rules. My name is Janet Price and I'm here 

representing Rayonier, a publicly-traded international forest products company. 

Rayonier operates four businesses, timber real estate, forest fibers and lumber. On an annual basis Rayonier 

contributes over 100 million dollars to the state's economy in the form of property taxes, payments to Florida vendors 

and payroll. We are the fourth largest landowner in Florida with over 435,000 acres of timber lands. 

Comment ID 0727.001.001 

Author Name: Kelter M. 

Organization: Green Cove Springs 

Hi. I'm 32. I wish. My name is -- MR. KELTER: Bless your heart. I love you already. 

My name is Mike Kelter, city councilman from Green Cove Springs and a former mayor. During the break I welcomed 

y'all to Florida and I told you I didn't admire your science, but I do admire your demeanor, sitting and listening to us for 

three days. And I don't know what significant comment is. What I'm hearing today is a lot of significant comments. So 

you've got your plate full on things that you've got to answer. So I hope we're not checking off boxes. I hope this has 

some effect. I'm a civil engineer. 

I'm a P.E., partially educated. I guess that offsets being an idiot politician, partially. As an engineer, I represent counties, 

cities, special districts and homeowners associations in Northeast Florida and we're responsible for water quality, sewer 

effluent and stormwater services. I'm the chairman of the Florida Municipal Power Agency Policy Maker Committee, 

comprised of other elected officials who own electric, water and wastewater utilities. A number of county 

commissioners, mayors, board presidents have asked me to speak to you on behalf of their communities regarding 

numeric nutrients. I tried to tell them to do their own work, but they told me to come here. Many of them are adopting 

resolutions or have adopted resolutions. You heard the resolution from my public works director yesterday in 

Tallahassee. 

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Comment ID 0728.001.001 

Author Name: Van Horn J. 

Organization: Flagler Estates Road and Water Control District 

Good afternoon. I'm Jackie Van Horn. I'm the district manager for Flagler Estates Road and Water Control District. 

We're Florida Statute 298 Water Control District in Southwest St. Johns County. 

Our district is located within a -- the Flagler Estates community. This community is a community redevelopment area. It 

was created to alleviate blight and slum and it is one of the workforce housing areas for St. Johns County. 

Our district owns, operates and maintains a stormwater drainage system for 23,000-plus acres of land with most of that 

land not within our jurisdiction, but yet the financial burden to operate and maintain the stormwater drainage system lies 

solely on 4900 landowners within Flagler Estates and we collect those revenues through assessment. 

Comment ID 0729.001.001 

Author Name: Wong E. 

Organization: City of Northport 

My name is Elizabeth Wong and I'm the stormwater manager for the City of Northport. In case you don't know, it's 

located within Sarasota County about three hours from here. I would hate to be in your shoes today and I really 

appreciate your care about the environment. I'm a environmental engineer, so I do care about the environment. 

Comment ID 0730.001.001 

Author Name: Fentress P. 

Organization: Lost Lake Groves 

Good afternoon. I am Pam Fentress and I'm a citrus grower representing Lost Lake Groves in Highland County. I 

believe the bottom line is farmers are the first environmentalists. I'm a seventh-generation Floridian, a fourth generation 

citrus grower. Our grove, we have an actual lake called Lost Lake. It's spring-fed, 35 feet deep. 

My family has had an active, producing citrus grove around Lost Lake for over 45 years. I served four years on the 

Southwest Florida Water Management Governing Board and during that time the District Commission, the study of the 

lakes on the ridge, Lost Lake was the second cleanest, clearest lake on the ridge. And I just think that's assume that 

you have an acting, producing citrus grove and you've got one of the cleanest, clearest lakes. 

Comment ID 0731.001.001 

11/19/2010 02:48 PM EST 2-1142
 
Chapter 2 - Comment Documents Background 

Author Name: Hartney M. 

Organization: Florida Fertilizer and Agrichemical Association 

Good afternoon. I'm Mary Hartney and I'm president of the Florida Fertilizer and Agrichemical Association. FFAA was 

founded in 1932. It's based in Winter Haven. We are a nonprofit trade association, whose members include fertilizer 

manufacturers, dealers, distributors and industry suppliers with business interests in Florida. 

You've sat here a long time today, so I'm going to revamp my comments and tell you three of the concerns we have that 

have been very well-covered to this point, give you three positive things that the industry is doing, leave you with three 

asks and one point of rebuttal. 

Comment ID 0732.001.001 

Author Name: Fulford C. 

Organization: Congressman Adam Putnam 

My name is Cheryl Fulford. I'm deputy chief of staff to Congressman Adam Putnam. It's my privilege today to read 

remarks on his behalf. Thank you for the opportunity to share my views on this important matter. 

Comment ID 0732.001.013 

Author Name: Fulford C. 

Organization: Congressman Adam Putnam 

Floridians understand that water quality will determine the future of our state. People from all over the world come to 

Florida to dive on our coast, fish in our rivers and swim in our lakes. In addition to the natural attractions, Florida's water 

and weather allows us to be our nation's main domestic supplier of fruits and vegetables during the winter months. And, 

simply put, there is no other place on earth like the Everglades and Lake Okeechobee. 

Comment ID 0733.001.001 

Author Name: Jones R. 

Organization: 

I'm Richard Jones from St. Johns County. I'm a potato farmer up there and I'm one of the proposed, I guess, algae 

bloomers, the cause of it, anyway. I just want to speak on behalf of some of the growers up there and myself, that we're 

doing a lot of BMP work with IFAS and water management. And I just want to let you know that we work with a costshare to reduce nitrogen and the cost of doing business and the reduced nitrogen use of 40-to-50-pounds an acre of 

reduced yield, the cost share does not offset the loss of income. There's no incentive for me to do the cost-share, 

11/19/2010 02:48 PM EST 2-1143
 
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because I'm talking over $200 an acre in loss of income. 

However, on the BMP side of it, we're implementing about 98 percent of that BMP now, and a lot of the timber growers 

are a hundred percent with the 200 pounds of nitrogen. It's supposed to fit all soil types and crops across Florida. And 

with our sandy soils in Florida, 200 pounds doesn't cut it. 

And I want to talk a little bit about the rainwater. We had our rainwater checked during a thunderstorm last year and the 

gentleman earlier talked about 60 parts per billion. We had a hundred during a thunderstorm. It's higher. 

And so I've asked several people in water management that has tested our waters. They won't never set foot out there 

in a rain event. What nitrogen is legal on my farm, is it the nitrogen from the rain or is it what I'm using for my crops? 

And one other thing I want to tell you about the BMP, we have to check our pH every year, keep it up to snuff, so that 

the nutrients I use is available to the plant, and I don't know if y'all bought a load of fertilizer in the last two or three 

years, and I bought almost 50 of them last year, probably about triple that amount. It cost me almost a half a million 

dollars for fertilizer on my farm. And you can believe one thing, I ain't slinging it in ditches and rivers. I'm putting it where 

it belongs with that kind of cost. I want to say one more thing about the cost of raising a crop versus our potato contract. 

And I got a big contract with Frito-Lay for 300,000 bags. I've got to have a yield to make my economics come out. I can't 

be slipping around 200, 220 bags an acre. I've got to be upwards of 250 to 260. There's an IFAS recommended data of 

200 pounds, and it won't get me there. 

However, we're working with them to input some slow-release fertilizers in our crops to allow us some insurance. We're 

not using normal fertilizer for that. We're implementing some slow-release to give us a little insurance. We all have 

hospitalization in case something happens. If you grow a crop here in Florida, you're not growing it in a hothouse. And 

you've got to have a little bit of insurance in fertilizer to carry you through rainy periods. And a potato crop, before the 

first 60 days. If you put fertilizer on after that, it will rot your crop. 

Comment ID 0734.001.001 

Author Name: Young K. 

Organization: Tampa Electric Company 

My name is Kevin Young. I'm an environmental engineer for Tampa Electric Company in Tampa, Florida. My current job 

responsibility is surface water discharge permitting and compliance. I've been following this for many years. And I also 

will keep my comments brief. 

Tampa Electric has supplied the Tampa Bay area with electricity since 1999. It covers 2,000 square miles, all of 

Hillsborough County and portions of Polk, Pasco and Pinellas Counties. These are all counties in the Tampa Bay 

Estuary Watershed. 

Over the last 15 years Tampa Electric Company on repowering six coal-fired units to natural gas and significantly 

reducing air pollution, a component that is knocks, which is Nutrients leading to atmospheric deposition on the Tampa 

Bay Watershed, and over the last four years has spent millions of dollars installing selective catalytic reduction by 

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Chapter 2 - Comment Documents Background 

remote controls on the four remaining coal-fired units in the Tampa Bay Watershed. And currently there are hundreds of 

workers on site finishing construction of the last SCR, and this will also significantly reduce NOx atmospheric deposition 

on the Tampa Bay Watershed. And I say that just to let you know that Tampa Electric Company has been active in 

managing nutrients in the Tampa Bay area for a long time. 

Comment ID 0734.001.011 

Author Name: Young K. 

Organization: Tampa Electric Company 

Tampa Electric will be submitting detailed comments where we will state our position for or against numeric nutrient 

criteria. And we do thank you for the opportunity to comment and thank you for your time. 

Comment ID 0735.001.001 

Author Name: Alderson M. 

Organization: National Estuary Program in Sarasota 

I'm Mark Alderson. I'm executive director of the National Estuary Program in Sarasota. 

In the Sarasota area we really take our water quality seriously. Tourism is the number one industry in Sarasota County. 

It's the number two industry behind agriculture in Manatee. And, for that reason, the National Estuary Program was 

brought to Sarasota to improve the conditions of the bay. Since that time we spent approximately 300 hundred million 

dollars in infrastructure improvements in our region and we're progressing toward no wastewater discharge into 

Sarasota Bay at all in the near -- in the next ten years. 

Comment ID 0736.001.002 

Author Name: Walkinshaw J. 

Organization: Hillsborough River Watershed Alliance 

But I just want to say that water quality is very important to us. I'm going to take a little different approach here real 

quick. We've talked about the science, we've talked about the importance, a lot of things that take place in Florida. But, 

you know, water is really the lifeblood of Florida and water quality is extremely important to us all. It's important to all the 

key things here in the state that are meaningful, including the residents, tourism, industry, fisheries, and I don't mean to 

leave out agricultural. It's probably one of the most important things that we have going here in the state. And that's very 

important to all of us. 

But what I want to talk about briefly is just the consummate balance and while we are certainly at the Alliance an 

environmental group, we also look at the reality of the environment, we look at the reality of life and we look at things 

11/19/2010 02:48 PM EST 2-1145
 
Chapter 2 - Comment Documents Background 

that -- you have to look at both the social and economic issues that are facing us here in the State of Florida and 

obviously in this country. 

And so we look at the environment. Yes, it needs to be protected. It's the golden goose of Florida. We don't want to kill 

it off. But at the same time we also have to take into consideration the social and economic situations that face 

everybody here. 

Comment ID 0737.001.001 

Author Name: McCoy R. 

Organization: Florida Carpenters Regional Council 

My name is Robert McCoy and I am the Central Florida business manager for the Florida Carpenters Regional Council. 

These are some of my members right here, some of the 5,000 members that the council represents in the State of 

Florida. And we've come here today to speak on this regulation and the effect it's going to have on us. 

Comment ID 0738.001.001 

Author Name: Stewart R. 

Organization: Florida Pulp and Paper Association 

Good afternoon. Thanks for being here. My name is Ron Stewart. I had the privilege of spending 18 years of my 

childhood growing up in this state, riding the glass bottom boats, going to Disney World when it first started. My parents 

were born and raised in Florida, as well as both sets of grandparents. Where it goes from there, you'll have to leave that 

to the genealogist. Right now I'm speaking on behalf of the Florida Pulp and Paper Association, representing eight 

facilities that discharge wastewaters into Florida's waters. And I also would like to speak for the 40,000-plus Floridians 

that are earning their daily living and paying their bills supporting our industry. Our industry provides, like I said, over 

41,000 jobs in Florida. 

And, you know, you will certainly get substantive comments when we submit our comments. But, just to know, the 

University of Florida put out an economic study I think it was 2004, which said that the forest products industry in the 

State of Florida is the second largest economic contributor to the State of Florida. And so it's very important. We, also, 

as you've heard, have had a significant impact on water quality in Florida. Florida is 47 percent forest and those 47 

percent of the land base in Florida protect the Florida aquifers that we all derive our drinking water from, as well as a lot 

of other -- providing recreation, fishing, hunting, habitat for wildlife. So the environmental benefit is vast. 

Comment ID 0739.001.001 

Author Name: Robbins K. 

Organization: Entrix 

11/19/2010 02:48 PM EST 2-1146
 
Chapter 2 - Comment Documents Background 

Good afternoon. My name is Kristan Robbins. I am a project scientist at ENTRIX. I have a master's in biology. And in 

the past five years at ENTRIX I have been specializing in statistical analysis of biological and water quality data. 

Comment ID 0741.001.001 

Author Name: McLean J. 

Organization: City of Tampa 

I'm speaker number 48. So that's why I hesitated. 

Good evening. My name is Jan McLean. I'm an Assistant City Attorney with the City of Tampa. And I would like to thank 

you for the opportunity to speak here today on behalf of the administration of the City of Tampa. 

The City is one of the original members of the Tampa Bay Estuary Program and a full participant of the Nitrogen 

Management Consortium, representatives of both which have already spoken here today. 

The City holds an MS-4 permit for its stormwater system as well as an MPDS permit for a 96-million-gallon-a-day 

advanced wastewater treatment plant on Tampa Bay. 

Comment ID 0742.001.001 

Author Name: Britt M. 

Organization: Natural Resources Division, City of Winter Haven 

Hello. My name is Mike Britt. I'm the natural resources director for the City of Winter Haven in Central Florida, in Polk 

County. 

Comment ID 0743.001.001 

Author Name: Rossman D. 

Organization: DCR Services 

Dale Rossman. I am president of DCR Services and Chairman of the Floridians for Industry, Jobs and Growth. DCR 

Services is a group of companies based in Central Florida that provides advanced technology in the construction 

services to the agricultural, energy, alternative energy, water, wastewater and many more industrial operations 

throughout Florida. We employ approximately 350 people, including engineers, technicians and highly-skilled 

craftsmen. I'm also Chairman of Floridians for Industry, Jobs and Growth, a grassroots coalition of industrial workers in 

Florida, representing approximately 25,000 workers in Florida. 

I'm here to make sure that you clearly understand the message that the industrial workers, their families and their 

11/19/2010 02:48 PM EST 2-1147
 
Chapter 2 - Comment Documents Background 

communities support our industrial and municipal employers and their viable contributions to Florida. The issues 

regarding water quality are part of the operational requirements that are just one of the challenges faced every day by 

facilities operating in Florida. 

Comment ID 0744.001.001 

Author Name: Kovach C. 

Organization: CF Industries 

Good evening. My name is Craig Kovach. I'm a professional geologist in Florida with 23 years of water resources 

experience. I'm also a second-generation native. I'm employed by CF Industries as their Director of Environmental 

Affairs and Phosphate Operations in Florida. I appreciate the opportunity to provide comment this evening. 

Comment ID 0744.001.002 

Author Name: Kovach C. 

Organization: CF Industries 

CF itself has been actively involved in those programs for a number of years. I've served on management boards and 

technical boards with the Tampa Bay group. And I think we continue that improvement today. I did prepare a number of 

other comments. Like I said, I'm not going to go over those. Instead, I would like to address the presentation that EPA 

has provided here today and yesterday. There are a number of people, probably today that haven't actually read the 

rule. Maybe they have read summaries or heard about it. And I think it's important to address what you presented to 

them publicly today. 

Comment ID 0744.001.009 

Author Name: Kovach C. 

Organization: CF Industries 

I don't have much time left, so I'm going to read something to you that was published in The Outing Magazine. 

The little stream turned and twisted in the most tortuous channel I ever saw, and often it was with difficulty that we 

managed to turn the boat around the sharp and narrow corners. At length, after paddling in this fashion for over half a 

mile, we emerged. 

It seemed more like a river than a lake, for though by its various windings and twistings it was several miles long, it was 

never, in its widest part, over 60 yards wide, and throughout most of its length not over yards. The banks were lined by 

impressive trees that towered upward to a height of 80 feet or more. From their branches hung long festoons and trails 

of Florida moss, while the roots of the trees, half out of water, assumed such weird and fantastic shapes that they 

11/19/2010 02:48 PM EST 2-1148
 
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seemed like immense serpents that had become suddenly petrified in their writings. So dense was the foliage that it 

formed an impenetrable wall to both sun and wind, and the sunlight never touched the water except between the hours 

of 12 and 2 p.m. Not a breath had stirred the waters for years, and they were covered to a depth of several inches in 

green vegetable slime, so that the appearance was that of a beautiful level floor on which one might walk. 

Comment ID 0746.001.001 

Author Name: Long A. 

Organization: Lowndes, Drosdick, Doster, Kantor & Reed 

Thank you. My name is Anna Long. I'm an attorney with the law firm of Lowndes, Drosdick, Doster, Kantor & Reed in 

Orlando, Florida. I'm not here to represent any particular client. I have over 30 years -- I'm really looking young, though, 

I know you all are thinking that -- in the environmental arena as a regulator, as a biologist and as an attorney. 

Comment ID 0748.001.001 

Author Name: Godlewski V. 

Organization: City of Orlando Wastewater Division 

Good evening. My name is Vic Godlewski. I am the division manager for the City of Orlando's wastewater division. 

Every day our three treatment facilities process about 40 million gallons per day of wastewater and we take out about 

six tons of nitrogen and about a ton of phosphorous each day. 

We understand the need to protect surface waters. Back in the mid-'80s, during the initial authorization of the Clean 

Water Act, we halted discharge to Shingle Creek. With our partner, Orange County, we developed the Water Conserv II 

Citrus Irrigation Project, that's still in operation today, providing reclaimed water to groves and urban uses in West 

Orange County and East Lake County. 

At the time we enjoyed a lot of federal participation in that project. We enjoyed grant monies that helped finance that, 

and we do appreciate that. 

Comment ID 0749.001.001 

Author Name: Gornto R. 

Organization: Highlands County 

Yes. My name is Randy Gornto. I'm a livestock agent for Highlands County. I get a chance to work with a lot of livestock 

producers throughout the area. There are big cow-calf operations and it is an area that they can use a lot of land, 

property. In that amount of land there's several of these creeks that go through these properties. There may be several 

miles that go through some of these particular ranches. As it goes through those ranches, there are going to be places 

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and stuff that we try to protect because we're going to be the stewards of that land. In trying to do this, it is something 

very difficult to know, because in most of our properties in there we have a phosphorous level that's down anywhere 

from 18, 24 inches down below the surface in some of those areas. So we got a lot of natural phosphorous brought 

back into it. 

We take the science and stuff that's made available to you us from the University on the soil testing, and we do a lot of 

tissue samplings of all the grasses to be sure what we've got in there. We have no phosphorous or anything in there 

unless it is necessary to keep a root base on the grass. 

If we do not do those kind of things back into it, then we lose our root space and then we have erosion. So we try to do 

that to prevent part of that erosion. It's not something that we're trying to do in any other form or fashion except to make 

sure we have something that's going to be able to be our barriers and our filters. 

As we go through these ranches and our BMPs that we are doing on those properties, it's done to make sure that we 

get the right kind of results to make sure that the impact is going to be there for the long term. 

We do manage those areas along those creeks. We are fencing a lot of those areas off and we keep the cattle out of 

them when they're wet, because we do want to try to avoid those kind of erosion-type problems. And we do raise them 

in the wintertime and we take a lot of those type nutrients back off of the properties. So we're removing a lot of it. We're 

also working with a lot of the other environmental organizations to be sure that we take and retain water on some of 

these properties. We also take and filter back through some of our marshes out of some of the public aquifers, back 

through and use them to take out some of those things because if we can slow that water down, we take and have a 

chance for a lot of those nutrients to settle out. We're doing a lot of those things today. 

Comment ID 0750.001.001 

Author Name: Handley J. 

Organization: 

Yes. My name is Jim Handley. I am here representing Floridians and a group of some 16,000 environmentalists that call 

themselves the cattle ranchers. We are very proud of our industry. We have had cattle in Florida since the 1520s. We 

have had a tremendous working relationship with the citizens in the state. Our industry encompasses some six and a 

half million acres of the 33 million acres in the state of Florida. 

We are the original environmental stewards. We believe and practice every day taking care of the water, the air, the 

habitat, the plants and animals. We rely on that property to sustain our industry. It's a very low-margin business, but we 

do everything based on what's going to take care of our property and pass it on to our next generation. I happen to be a 

fifth-generation Floridian. 

Comment ID 0751.001.001 

Author Name: Grigsby W. 

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Chapter 2 - Comment Documents Background 

Organization: 

Yes, ma'am. I'm Wade Grigsby, again with Cattlemen, but speaking as an individual today. Thank you again for taking 

time to be with us and we appreciate your concerns. 

Let's go back a little bit in time and think about Florida and how it was originally settled. The cattle were here from the 

1500s. The people that came to Florida came here early on in seek of free cattle on range lands. Along with that came 

the outlaws and the scammers. So we've eventually gotten rid of the scammers in the 1920s and '30s with all the land 

scams and the outlaws, most of them are gone or have been killed over time. So we're left basically with the original 

ranchers. Those families are still here. And those ranchers, you've heard people talk about being fifth, sixth, eighth 

generation cattle people. Those are the people who came here and bought this environment and settled it. They are the 

last people that want to see anything happen to what they have and what they're trying to pass on to their future 

generations. 

So, you know, the people who have come here in the last 50 years -- you know, the old joke is when somebody from 

New York moves in next to you, he didn't come here because he wanted to be in Florida. He came here because he 

wanted to be with some other New Yorkers. So we fought that all along and we will. 

But, you know, in the ag side of things we've got 2.1 million acres in voluntary BMPs out of about nine and a quarter 

million acres in farm or ranch lands. That doesn't include forests. They've got their own BMPs. There's 3.8 million acres 

in Florida that have either been purchased by the State or in conservation easements, along with all the wetlands that 

are being protected for -- that provide natural nutrients. Those are throughout the entire state. 

An interesting thing -- this is -- a great deal of this has all been done voluntarily. The land has been sold to the State, 

fee-simple sales. The conservation easements, again, those were voluntary. 

An interesting thing that I thought about last night driving home, 30 years ago we were all told, these little farm ponds 

that you have, ponds that, you know, they fill up and they're this clear water and everything is great. Well, how do you 

make them better? You throw fertilizer in them. We were told to fertilize your ponds once a week until you stuck your 

arm elbow deep and you could barely see your fingers move, then that was healthy water. And, you know what, stuff 

grew in it, fish came along and you could have fish in your pond at that point. Until then, it would take years for that to 

develop, I guess, but that was a rapid way of producing it. Those farm ponds are still there today. 

Comment ID 0752.001.001 

Author Name: Bystrak L. 

Organization: Oklawaha Valley Audubon Society 

I didn't think I was going to get to speak until tonight. The name is Linda Bystrak, and I've given you the letter that my 

group is sending you. I'm representing the Oklawaha Valley Audubon Society, which has over 650 member households 

in Lake and Sumter Counties. 

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Comment ID 0753.001.001 

Author Name: Hanson R. 

Organization: Orange County Utilities 

Good evening. My name is Ray Hanson. I'm Director of Orange County Utilities here in Orlando, Florida. I'd like to first 

thank you for having this session in Orlando. 

We provide water, wastewater, reclaimed water for about 200,000 homes in the Orlando area. 

Comment ID 0754.001.001 

Author Name: Flowers J. 

Organization: City of Maitland 

Good evening. I'm Dr. Jeff Flowers. I am a councilman from the City of Maitland, so I think I'm your second elected 

official to show up today. 

Comment ID 0756.001.001 

Author Name: Childs E. 

Organization: Archaea Solutions, Inc. 

My name is Ernie Childs. I am with Archaea Solutions, Inc. I have with me John Kolochesky (phonetic) who works with 

us here in Florida. 

At Archaea Solutions we work with organisms in the archaea domain of biology. A few years ago the organization of 

biology changed because of archaea and we went from five kingdoms that we all were taught actually in elementary, 

high and college, to three domains; Eukaryota, Prokaryotes and Archaea. 

Comment ID 0758.001.001 

Author Name: Coe A. 

Organization: 

My name is Alisa Coe and I'm with Earthjustice. I spoke to you earlier as an attorney, but if I may, I'd like to speak for a 

moment as a Floridian. 

I grew up here in Florida and when I was 14 my family moved from Tampa to Tallahassee. One of the first things that 

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our neighbors told us to go do was to check out Wakulla Springs. Well, we quickly fell in love with it. On a hot day, we 

would drive down to the springs for a chance to go swimming in the cool water and to dive off the diving platform. 

When friends and family would come to town, we would take them out for lunch at the lodge and we'd show them Old 

Joe, the 11-foot gator, stuffed gator, who had a plaque that proclaims that he was murdered by an assailant unknown 

despite never having harmed man or pet. And we would take them out on a river boat and we would show them the 

osprey and we'd show them cypress trees. And then we'd take them out so they could see where Tarzan was filmed 

and Creature from the Black Lagoon. 

Then we'd go out on the glass bottom boat and they could see all the way down to the bottom where the mastodons 

bones were and where they actually excavated a mastodon skeleton that's on display at the Florida Museum of History. 

They would fall in love with the place. And for many of them, it was their only experience with wild Florida; most of them 

only knowing the resorts and the theme parks. 

Comment ID 0759.001.001 

Author Name: Costello C. 

Organization: Sierra Club 

Hello. Chris Costello from the Sierra Club. I spoke to you earlier today and I have just another brief comment about the 

same subjects that -- some of the same subjects that I dealt with earlier. 

Comment ID 0759.001.007 

Author Name: Costello C. 

Organization: Sierra Club 

We've had really strong allies in this campaign. The campaign to bring strong ordinances, for example, in the Tampa 

Bay area, we've just succeeded in getting a -- the strongest in the state in Pinellas County. But this campaign over the 

last six to eight months has brought in 100 coalition partners. That's organizations, churches, businesses, coastal 

businesses. In fact, our coalition campaign has even been supported by the Chambers of Commerce on the beaches. 

They understand the importance of nutrient pollution prevention as a way to promote their economy. 

Comment ID 0760.001.001 

Author Name: Bernandy M. 

Organization: Physicians for Social Responsibility 

Hi. My name is Meaghann Bernandy. I'm here with Physicians for Social Responsibility. Physicians for Social 

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Chapter 2 - Comment Documents Background 

Responsibility is a nonprofit advocacy organization. It is a medical and public health voice for policies to prevent the 

toxic degradation of the environment. 

As a native Floridian and a lifelong Girl Scout, I could go on about how beautiful and precious our Florida waterways 

are. As a scientist, I could explain how nitrogen and phosphorus create an algal bloom and bacteria and, like all 

bacteria, follow a growth curve of proliferation plateau and inevitable death and stagnation leaving behind a dead zone 

devoid of oxygen and ensuring death to all oxygen-requiring species. 

Comment ID 0761.001.001 

Author Name: Mauldin M. 

Organization: Pulp & Paperworkers Resource Council 

Good evening. Thank you for the opportunity to speak. My name is Mike Mauldin. I am a resident of Florida. And, 

fortunately, I was born here and lived here all my life as did many generations of my family before me. 

I'm here representing the Pulp & Paperworkers Resource Council. We're a grassroots coalition of hourly employees that 

educate our elective officials on issues and regulations that directly affect our jobs. 

Comment ID 0762.001.001 

Author Name: Beagles B. 

Organization: 

My name is Bobby Beagles. I'm a cattle farmer. I'm new to the business. We've been in business 54 years. But I'm 

going to tell you a little story about the first 11 1/2 years of my life. I lived about two miles right down the road here. 

None of this was here. I hunted, I fished, and I walked these woods with my grandfather for years and years. But, as 

you know and I know, things change, not always to the good, not always for the bad. 

But being in the cattle business, we have changed, too. Twenty-five percent of this county is in agricultural. Twenty-five 

percent of this county belongs to other municipalities that pays zero taxes. 

We in the cattle business have suffered terrible in the last five years. I have seen diesel fuel, off-road diesel fuel go over 

three dollars a gallon. We had to change our operations on things that we do on our ranch. We also had to change from 

using regular fertilizer and go to liquid fertilizer because we could not afford regular fertilizer. 

When ten ton of fertilizer cost $4,000 including to truck it to your ranch, we went to liquid because it was cheaper. But 

there are several things that we do. We went to a steel shank drag to drag our pastures to break up the cow manure. 

And we started fertilizing our pastures, which liquid fertilizer is good for about 30 days. It seeps into the ground and it 

dissipates a whole lot better than granular. I'm not suggesting that everybody go to liquid fertilizer because then I won't 

be able to afford liquid fertilizer. 

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But we do our part. I have two tributaries that go across my ranch. The last thing I want to have to do is fence those 

tributaries off where my cows cannot water. I do not want to have to run a water line a mile deep toward cattle because 

they can't get to the tributaries. 

Comment ID 0762.001.002 

Author Name: Beagles B. 

Organization: 

Again, I thank you for being here. Orange County has not always been this way. I can tell you the way it was in the '50s. 

That's before Mickey Mouse, before Wet-N-Wild and before Martin Marieta. Thank you. 

Comment ID 0764.001.001 

Author Name: Santella E. 

Organization: TruGreen 

Good afternoon. My name is Erice Santella. I serve as TruGreen's tech and regional manager to 16 Florida branches. In 

this capacity, I'm responsible for directing our agricultural, economic and horticultural programs. I've been a resident of 

Lake County, a little bit north of here, and a homeowner for the last 25 years. 

As the name sounds, there's a lot of lakes in Lake County to get that name. I also live on the Wekiva River Basin. 

As the chair of the Florida Pest Management Association Green Industry Task Force, I have spent the last 27 years 

here in Florida working in the field of turf and ornamental plant healthcare. I have a Masters and Bachelors degree in 

agronomy, and I like growing plants. 

I'm pleased to have the opportunity to share our point of view from the lawn care industry and ornamental care industry 

when it comes to setting nutrient criteria for Florida waters. 

TruGreen really is on the front line of environmental stewardship every day and we've been an active leader in 

developing the training processes to strengthen the health of Florida plants while protecting our state's water quality. 

Myself, I actually chaired -- was the industry chair of the state's Green Industry Best Management Practices for the 

green's industry professionals. I almost feel like this is a really well kept -- unintentioned well kept secret, it would 

appear that not many people know that there are urban best management practices for professionals. And this is the 

only BMP program that has a certification program for frontline employees. And this -- certification will be required for 

anyone that applies fertilizer for hire, many counties have already required, by 2014, anyone that applies for fertilizer for 

hire must have this certification. 

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And the green industry -- to ensure its workers are fully trained in these green industry best management practices, I 

personally spend a great deal of time training both people in my company and in our industry. In fact, earlier today I was 

in Jacksonville doing one of these BMP sessions. Usually when I see 9:00 and I'm in public, it's a.m. not p.m., so sorry if 

I'm sounding a little jumbled at some point. And since the beginning of 2010 I've personally conducted seven of these 

sessions throughout the State of Florida, and next week I'll be in the City of Plant City in Hillsborough County working 

with their landscaping division. 

Our industry takes this certification process very, very seriously. By the end of this quarter, 100-percent of the frontline 

applicators in our company will be certified in the Best Management Practices and we will have certified trainers 

throughout Florida. 

Comment ID 0765.001.001 

Author Name: Murphy J. 

Organization: Gulf Restoration Network 

Good evening. My name is Joe Murphy. I'm here tonight with the Gulf Restoration Network. I'm here tonight on behalf of 

the thousands of members of the Gulf Restoration Network who live between Florida and Texas who are very 

concerned about water quality and are very concerned about the future of the Gulf of Mexico and the water lines across 

the Gulf. 

As you know, the Gulf Restoration Network has been working for over 15 years to protect water in the Gulf of Mexico 

and to improve water quality. 

Comment ID 0768.001.001 

Author Name: Wood J. 

Organization: 

My name is James Wood, and I'm a hog farmer. And I'm not well prepared tonight because of the short notice. I just 

started my day at 6:30 this morning and just finished at 8:30 tonight. Like many farmers, I work long hours six or seven 

days a week. Don't get federal holidays off and don't get paid vacations. We're just salt-of-the-earth people trying to 

make a living. 

Comment ID 0769.001.001 

Author Name: Mahan R. 

Organization: Orange-Co, Inc. 

Good evening. My name is Ron Mahan. I am with Orange-Co, a company based in DeSota County right outside of 

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Chapter 2 - Comment Documents Background 

Arcadia. I personally grew up in High Springs, Florida, spending much of my summer days going down the Ichetucknee 

Springs, going to Blue Springs on the Santa Fe River and thoroughly enjoyed the water resources we have in Florida. 

It's an important -- it's always been an important part of my life. I'm glad to report that I'm able to take my kids there 

now, and it still seems to be as good as it was when I was a kid. 

My company, Orange Cove, we -- well, roughly, about 35, 36 million gallons of orange juice are squeezed out of the 

oranges that my company grow every year. We own about 20,000 acres of land and operate citrus groves there. We 

employ over 300 people directly and probably a couple -- some multiple times at that people -- people whose 

employment and jobs depend upon our business and operations. 

Having said that, we in agriculture, particularly in my company, it's a large company, our success, I think has been due 

to the fact that we pay a lot of attention to detail. As you've heard earlier, people have mentioned BMPs. We have 

worked closely with the University of Florida, Institute of Food & Agricultural Sciences as well as Florida's DEP in 

developing best management practices. 

Every bit of fertilizer I don't put out means more to the bottom line. And that certainly is always a concern. We also want 

to use less water in our operation. We have implemented tailwater recovery systems in our grove operations. And, you 

know, recognizing these will have a positive benefit for the environment, but they certainly have a positive benefit for 

our operations. 

Comment ID 0771.001.001 

Author Name: Hammond D. 

Organization: Entrix 

Hi. Good evening. My name is Dan Hammond. I'm a project scientist with ENTRIX, a natural resource management and 

environmental consulting firm. I have extensive experience in implementing Florida's stream condition index 

methodology and I have been audited by FDEP to do so. 

I've also been involved in multiple projects contracted by DEP to collect water quality samples and SCI data for the 

strategic monitoring program for TMDL purposes as well as the dissolved oxygen and nutrient study for revision of 

Florida's nutrient water quality standard. 

Prior to being with ENTRIX, I was with the Florida Fish and Wildlife Conservation Commission for three and a half years 

in their harmful algal blooms toxins section. In addition, I have a Master's in environmental science focusing on water 

quality issues in Florida's streams. 

Comment ID 0772.001.005 

Author Name: Height C. 

Organization: Sierra Club of Central Florida 

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Chapter 2 - Comment Documents Background 

I am a stakeholder. I live in the Lake Jessup basin. And we have tried to encourage the cleanup of Lake Jessup for 

many, many years. And there has been a lot of work done. And, as I said, a lot of the things that contributed to its 

degradation have been alleviated, but there's still, with development, there's degradation. 

Comment ID 0772.001.007 

Author Name: Height C. 

Organization: Sierra Club of Central Florida 

I'm proud to say that through education and time, about 60 percent of my property is now native plants. And I compost 

and I do not buy fertilizers anymore. I don't need to. I would also encourage people to understand that while I applaud 

the people of agriculture who have made best management practices -- and I've heard them, and they're really 

impressive. 

Comment ID 0772.001.010 

Author Name: Height C. 

Organization: Sierra Club of Central Florida 

I had a patient who told me that she grew up in Central Florida in the 1930s and '40s. She said that she could go 

swimming every day during the summer because the lakes were clear. They're not clear now. My husband is a native 

Floridian. He says the same thing. 

Comment ID 0773.001.001 

Author Name: Kelly R. 

Organization: Southern Dr. Phillips Homeowners Coalition 

Hello. I'm Robert Kelly from the Southern Dr. Phillips Homeowners Coalition. We represent about 10,000 homes which 

are just west of here in the area called Dr. Phillips. It's ZIP code 32836. 

Comment ID 0774.001.001 

Author Name: Carter K. 

Organization: South Florida Water Management District 

Good evening. Kevin Carter, South Florida Water Management District. We thank the EPA for holding this public forum 

this evening and the one you held this afternoon and, of course, yesterday in Tallahassee. 

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Chapter 2 - Comment Documents Background 

We look forward to commenting on the numeric nutrient criteria and we will be putting forth written comments. Tonight I 

will briefly go through some more of our concerns and comments in our initial review of your proposed rule. 

The district is responsible for managing and protecting water resources across 16 counties starting here in Orlando all 

the way down to the Keys. So we're 7.5 million residents. We're leaders in developing the science necessary for 

environmental restoration and the promulgation of numeric nutrient criteria. 

We were at the forefront and deeply involved in the development of total phosphorous criteria for the Everglades. We 

have been very involved and members of the Florida Department of Environmental Protection's Technical Advisory 

Committee, TAC. Through the work of this TAC, the DEP, of course, came out with their draft of numeric rules last 

summer. 

We've also been involved in the development of your guidance documents that were put out in 2001 on the proper ways 

to put out numeric nutrient criteria. 

Comment ID 0775.001.001 

Author Name: Snyder P. 

Organization: Florida Turf Grass Association 

Thank you. My name is Pete Snyder. I'm Executive Director of the Florida Turf Grass Association. 

I, too, am very concerned about water quality, but I am equally concerned about the methodology that's going to be 

applied to the rules that are bound to come from this exercise. 

Comment ID 0775.001.002 

Author Name: Snyder P. 

Organization: Florida Turf Grass Association 

My father taught statistics at the University of Pennsylvania Wharton School of Business. Now, I must confess I wasn't 

very good at statistics. In fact, I was God awful. But I do recall one of his most compelling lessons was that statistics 

can be used and can be manipulated to argue any side of any discussion. I mention this because I would like to see 

common sense applied to the application of statistics and statistical modeling. For example, the Tampa Bay Estuary 

Program projects a greater reduction in nitrogen loads from a blackout period for residential fertilizer applications than 

the amount of nitrogen actually applied in that target geography, and the statistical modeling projects a 50-percent 

compliance rate. This statistical modeling simply does not make sense. Banning residential applications of fertilizer 

doesn't make sense. I'm a believer in science and the scientific method. And numerous scientific studies from across 

the nation prove that healthy turf -- and I stress healthy turf based on BMPs -- they help to make the water cleaner. It is 

an excellent filter of nutrients. This fact is further reinforced by research from the University of Florida and IFAS. Now, I 

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Chapter 2 - Comment Documents Background 

understand environmental activists have called into question the work done by IFAS. In fact, they have insulted and 

questioned the honesty of several -- several highly respected scientists. And why? Because my association has 

provided partial funding for some of their research. Yes, industry has chipped in. We have contributed in the past four 

years $505,000 in a research budget of 22 million dollars. That's less than 2.3 percent of the overall research needed, 

IFAS. I candidly don't consider that very much financial muscle. And what did we fund? The public record will show -­

but let me read some of these projects: Breeding Bahiagrass for reduced flowering period and dwarfness. Breeding 

Bermuda grass for improved response to Sting nematode. Comparative maintenance of past Paspalum and Bermuda 

grasses. Best management practices for a culturally diverse workforce. Effective nitrogen on the Southern Chinch bug. 

Root-knot nematode on turf in Florida. Not one project -- and I will be glad to give you the list of projects that we funded 

-- not one project that we funded has anything to do with fertilizer or nutrients. 

Comment ID 0776.001.001 

Author Name: Click D. 

Organization: StormTech 

Hello. My name is David Click. I'm with a company called StormTech, but I'm also a 30-year resident of Orlando. I live in 

the Windemere area and spend a lot of time on the Butler Chain, which I think at one time was described as the second 

cleanest lake in Florida. It's still a great lake to go out on the chain of 13 lakes. 

In my capacity with StormTech, I'm the Director of International and Southern U.S. operations. It's kind of rare that I'm 

even in town, but I happen to be here tonight, and heard about this from a coworker. StormTech is involved in 

underground sub-surface systems. And sub-surface systems offer a lot of advantages, but I'm not going to taint that to ­

- or at least discuss that so much. I want that to be a part of the consideration. 

And one thing I'd like to say right up front is my company and myself, personally, spends a lot of time with all the 

districts in Florida and they're extremely capable people. And personally as a citizen of Florida, I have confidence in 

what they do day-in, day-out to protect the citizens of Florida. 

Comment ID 0778.001.006 

Author Name: Collins J. 

Organization: 

The final point -- I'm not an environmental. I'm not a zealot. I'm not a developer. I'm a realist. My wife and I bought a 

piece of property. It was with five acres. We hand-cleared it. But our moving into that area, it's in the econ river basin, 

created -- we were permitted to create a property. Our rights to enjoy the highest and best use of that land extend no 

further than the four corners of our property. And we developed it and we made sure that we didn't have any negative 

effects downstream. 

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Comment ID 0779.001.001 

Author Name: Collins C. 

Organization: 

So what are they doing? They're dumping all this into one wetland and then they're diking it for that half inch, inch and a 

half of water that that developer is supposed to hold. He's not having to do ponds. He's not having to do anything. He's 

using the wetlands, two of them, both adjacent to our property, to dump all of the water, and the rest of them are drying 

out. 

We had sandhill cranes for the first four years that we lived here. They had two babies every year until they started this 

stuff. They haven't had a baby since. We had a pond, both -- these are marshlands. They're supposed to be dry half the 

year. They're so wet that -- the environment is changing. 

So I'm asking you -- I'm hearing all these, you know, taking things back and restoring. I'm a private property owner. This 

is a two-edge sword for me. I'm asking you please don't let these people use our property to take advantage of it. Thank 

you very much. 

Comment ID 0779.001.002 

Author Name: Collins C. 

Organization: 

I'm Candy Collins. I just wanted to reiterate what my husband spoke about and also tell you personally what has 

happened to us in the last 20 years. I came to Orlando in 1966. My father was in the Navy. We lived in all areas of 

Florida from Key West to Jacksonville to Pensacola. This was a beautiful area. I had not a clue just how unregulated 

everything is. Like my husband said, we had five acres near UCF, University of Central Florida. It was flooded out. We 

lived there for the first six years on a piece of property that was above the 500-year flood plane. In one season after 

seeing development next to us, it went underwater. We had eels in our driveway and dead baby gopher turtles. We 

fought that for ten years. And who were we fighting? The regularatory systems. They didn't want anybody to know that 

they had put in unnatural wetlands that they were experimenting and that all the retention ponds and detention ponds 

along the confluence of the Little Econ and the Big Econ were going underwater in big rain events. So instead, what 

happened, mysteriously water that used to go from the north starts flowing back to the south through our property. We 

fought it through a hearing without a lawyer and we won. We got out of there as soon as we could without much profit, 

just selling the house, and then moved over to Volusia County where the same thing is happening again. We bought a 

house, a little cracker house with another little house behind it, and we were thrilled, on 20 acres with a half acre of 

wetland on one end of it. We have gone through all kinds of horrible things with people digging in the wetlands. Same 

thing as before; ditching, draining, diking. And in both incidences, it was through unrecorded subdivisions. And I can 

tell you that the regulatory systems are using these unrecorded subdivisions to move water to solve their own problems.

 I'm asking you not only to look at what's going on with the effluent but with stormwater systems that are being put in 

without any environmental studies, with, I would say County -- I can't definitely say this, but with governmental 

engineers figuring out solutions to solve their own problems. We've had people putting cement in pipes. We now have 

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Chapter 2 - Comment Documents Background 

water from five different wetland areas. One is a lake -- two of them are lakes, one was a ditch that was dug from the 

middle of the lake towards us. And then they've sent it all down to one wetland which is a half acre on our property and 

they diked it, and now it's filling up our pasture, 20 acres. This property has been there a hundred years. 

Comment ID 0780.001.001 

Author Name: Fugler A. 

Organization: Florida Pest Management Association 

Good evening. Do we all need to stand up and stretch at this point? Is it the seventh inning yet? 

My name is Allen Fugler. I'm the Executive Vice President of the Florida Pest Management Association. I run the 

association that Ms. Santella chairs, the Greens Industry Task Force. 

And at the risk of echoing a lot of these sentiments already stated, the BMPs are champions and trophies of the Greens 

Industry. We are hunters. We are fishermen. We are boaters. We are recreationalists. We enjoy those same waters. 

We protect those waters. We have been champions of the BMP's and their implementation and their model ordinance 

across the state. 

We share some differences of opinion with the regulation of fertilizer application as it plays a portion of protecting water 

quality. But water quality is paramount in Florida and of importance to all of us. 

We represent 3800 companies. We represent 50,000 workers, all of whom carry credentials in this state, all of whom 

will be required to have BMP training by the 2014 as designated by the state legislature. 

So we are in the business of using fertilizers, and pesticides for that matter, judiciously and with the idea of keeping 

customers happy and protecting the environment and water quality included in mind. 

Comment ID 0780.001.003 

Author Name: Fugler A. 

Organization: Florida Pest Management Association 

I am different from a lot of people in the room. I'm a new Floridian. I've been here two years. My home state is 

Louisiana. And, as you know, coastal restoration and environmental problems are paramount in that state as well; 

enormous problems, enormous challenges there. I'll be a new homeowner in Lake County, hopefully, God-permitting, 

any creeks don't rise, in the next few months. And out in my backyard is an orange grove and I have a great view of 

Lake Louisa, one of the many lakes in Lake County, appropriately named. So I'm going to enjoy those water resources 

as well, so I've got a vested interest in maintaining that. 

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Comment ID 0781.001.001 

Author Name: Yarborough J. 

Organization: City of Palm Bay Utilities Department 

Good evening. I'm Jason Yarborough, Publics Utilities Rep with the City of Palm Bay. 

Our utility system is made up of 30,000 water customers, over 14,000 wastewater customers and over 400 reuse water 

customers. 

The city went heavily into debt in the early '90s to acquire the system from ultimately a development company, the 

Journal Development Corporation which went belly-up. The city saw the writing on the wall and took control of the utility 

system. But they leveraged themselves out and they spent a lot of money to upgrade the system. We've put in -- gone 

after alternative water for our drinking water supply which is brackish, so we put in two reverse osmosis water plants 

and we've made numerous improvements to our wastewater treatment facilities. We got into the reclaimed water 

business. 

We've recently converted a lot of our sand filter systems over to -- over to cloth media filtration in order to provide a 

better effluent. We are the first utility in the nation to have all our divisions, all of our sections, ISO 14,001 certified 

simultaneously. We didn't know you couldn't do that because no one else had done that. We didn't know that. But we 

did it in 18 months. 

We've reduced our electrical consumption for water production over the last 24 months by 17 percent. We are good 

stewards of the finite resources we're given authority over. 

Comment ID 0782.001.001 

Author Name: Compton P. 

Organization: Friends of the Hillsborough River 

I'm so sorry to keep you waiting. Good evening. I'm Phil Compton, and I'm representing the Friends of the Hillsborough 

River, Incorporated, over in Tampa. 

I live in the middle of Tampa, on the Hillsborough River, the lower river, to be precise. I've been there for 20 years. It's 

about a mile -- where I live about a mile below the City of Tampa's reservoir at Rowlett Park and Busch Gardens. 

Our organization, Friends of the River, is celebrating its tenth anniversary this month. Ten years ago this river was 

written off as dead. It had several problems. Its most critical was the utter lack of a minimum daily flow of freshwater 

most days of any given year for the past 33 years. 

Friends of the River had to legally challenge the Southwest Florida Water Management District rule on the minimum 

flows. I got the district to study the river. 

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Sure enough, the results of five years of scientific study showed that the river needed more than twice as much water 

than the district's first rule had set up. 

Our appeal and the application of scientific research to the establishment of public policy, and that application I can 

assure you is something that we made certain that was actually put in place, did result in giving in the river starting to 

recover from these decades of abuse and neglect. It's now on its third year of getting the bit of fresh water that every 

day that a tidal river needs to function as an estuary. This is, in this case, a major estuary for the Tampa Bay. Now, the 

result is the fishing is better. 

All wildlife is more prevalent and diverse. And our property values are holding up better than other areas as riverfront 

neighborhoods are now more prized than before. We've got manatees and alligators and ospreys increased, snook, and 

even now we got tarpon in there coming up the river again. 

Now, that gives me hope that things can get better. But this river still has serious problems. Nutrient input from over a 

thousand homeowners like myself and more up river, the rural areas up river in Hillsborough County, the streets of the 

city that drain a third of Tampa directly into the river, that all makes this river very, very sick. We still have large clumps 

of algae in the river. The river is still at risk of having massive fish kills after heavy rains, and occasionally neon-bright, 

green algae blooms that kills everything. Sewage still gets into the river all too often. 

I've never dared to swim in this river in my backyard. But could that old-time pleasure ever be restored? If we want it to, 

it could be. Well, I want it to. And when I swim, I go down to a city pool. It's a wonderful concrete chlorinated, heated 

pool that the City of Tampa had to build at Sulphur Springs. 

Sulphur Springs was a natural resource where people beginning around 1910, went to as a huge tourist resort and 

swam until the late '80s when nutrient pollution in the groundwater -- Sulphur Springs is where the water comes up that 

drains 30 miles north of there into Pasco County. That got so bad with the nutrient pollution that there's clumps -­

there's huge clumps of algae in there in the springtime. 

Ten years ago, our river was written off. Now it is considered the heart of Tampa, the city's number one natural 

resource where the Riverwalk being built along it downtown, where our brand new art museum just opened with a great 

view of the river. Ever since Henry Plant built what's now the University of Tampa, it's been the city's heart but abuse 

and neglect made us forget that. 

Now that our city has rediscovered this resource, it's heart, our city's people are motivated to clean it up to protect it 

from abuse to make sure it flourishes. It is an investment in the economic health and vitality of this major city whose 

plans for the future are now finally, completely focused on the fact that Tampa has a river running through it. 

Comment ID 0785.001.001 

Author Name: Griffiths B. 

Organization: 

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Good evening. My name is Beverly Griffiths. I'm a native Floridian. I was born in Tallahassee and I grew up in Miami. 

I now live in the Tampa Bay area. 

I'm a volunteer leader with the Tampa Bay Sierra Club. And I want to welcome you here and I appreciate your staying 

so late tonight to hear us all out. 

Comment ID 0786.001.001 

Author Name: Veaudry K. 

Organization: Florida Native Plant Society 

Karina Veaudry. I'm the Executive Director for the Florida Native Plant Society. It's a 30-year-old scientifically-based 

organization with over 3,000 members throughout Florida with 34 chapters representing every county. Thank you for 

your endurance, by the way, to allow us to get all these comments in. 

Comment ID 0787.001.001 

Author Name: Hitchcock J. 

Organization: United Waterfowlers of Florida 

Good evening. Thank you for coming. My name is John Hitchcock. I'm president of the United Waterfowlers of Florida. 

We have membership throughout the State of Florida, and most of our membership is also members of Ducks 

Unlimited; although I'm here tonight representing United Waterfowlers of Florida. 

Duck hunters are kind of in the middle on all of these issues with water. I think the crowd would find it interesting to note 

that the Audubon Society was started by George Bird Grinnell who was a duck hunter. The Wilderness Society was 

started by Aldo Leopold who is a duck hunter. The National Wildlife Federation was started by Ding Darling who was 

the first president. He was a duck hunter. And Mike Sole was a duck hunter. 

And there is precedent for you being here, obviously. The analogy I like to use is that the waterfowl migrate across state 

lines like water does. 

This is the duck hunters' perspectives. We have members that are doctors, lawyers, farmers. We have members that 

are state employees. 

The places where we duck hunt -- water flows downhill, and at the bottom of the hill is where we duck hunt. Those 

places are your moist soil marshes and your rivers and streams. It used to be 15 years ago -- and everybody still has 

stories about, you know, beautiful places that they can go to and fish or kayak; you know, nice, clean water. But the 

places where we duck hunt are significantly impaired. 

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Like I said, they're at the bottom of the hill. Everything that goes in the water ends up where we duck hunt. The surface 

waters, the lakes, the streams are cloudy. You used to be able to, say, fish brim and croppies, bass. 

Comment ID 0788.001.001 

Author Name: Gildan P. 

Organization: East Central Regional Water Reclamation Facility Board 

Good afternoon. My name is Phillip Gildan, and I'm with Greenberg Traurig law firm. My comments today are on behalf 

of the East Central Regional Water Reclamation Facility Board, which is located here in West Palm Beach, colloquially 

referred to as the ECR. The ECR is a separate and local entity created by the Town of Palm Beach, the City of Riviera 

Beach, the City of Lake Worth, the City of West Palm Beach and Palm Beach County to treat and dispose of the waste 

water collected within their service areas. The ECR owns and operatives a 70 million gallon a day water reclamation 

facility. It's currently permitted for 64 mgd, but the facilities are in place for 70, and the current average daily flows are 

approximately 40 million gallons a day. 

Comment ID 0789.001.001 

Author Name: Wessell R. 

Organization: Sanibel Captiva Conservation Foundation 

Good afternoon. My name is Rae Ann Wessell, and I'm here today on behalf of the Sanibel Captiva Conservation 

Foundation and to speak on behalf of the Caloosahatchee River. I serve at the SCCF as the natural resource policy 

director, I'm a limnologist and a resident of South Florida for the past 32 years. In those 32 years I've watched the water 

quality decline, impacting the health and variety of water bodies, dwindling the ability of me to enjoy and my neighbors 

to enjoy my quality of life, sailing, boating, swimming, fishing, diving. 

Comment ID 0790.001.001 

Author Name: Hammill R. 

Organization: Gulf Citrus Growers Association 

Good morning. I'd like to echo the comments as far as having you all here and listening to the public comment. For the 

record, my name is Ron Hammill, and I'm executive vice president of the Gulf Citrus Growers Association. We 

represent the citrus industry in southwest Florida, Charlotte, Collier, Glades, Hendry and Lee Country. We have over 

140,000 acres in our region and represent about 25 percent of Florida's total nine billion dollar industry. 

Our association has been actively engaged in water management issues for over 25 years. We've been very active in 

trying to address a lot of the concerns related to water management and water quality. We have a BMP manual. I don't 

know if I want to leave that for you, but I certainly will, that has been developed with multi agencies, and our growers 

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are actively engaged in putting the program together. 

Comment ID 0791.001.001 

Author Name: Ulivich B. 

Organization: St. John's Improvement District and Sebastian River Improvement Districts 

Good afternoon. My name is Bob Ulivich, and I'm the administrator of the St. John's Improvement District and Sebastian 

River Improvement Districts, both of which are located in western Indian River County. Both of these districts are 

agricultural districts. Relative to this discussion, both these districts are located within the peninsula stream nutrient 

region. These agricultural districts comprise approximately 42,000 acres with St. John's being the larger of the two with 

30,000. 

The dominant agriculture product produced is the famed, iconic Indian River citrus, globally known and recognized as 

one of the premier, if not the premier citrus. In fact, the St. John's Improvement District is the largest remaining 

concentrated stand of this famed citrus globally, globally. This is it amongst a diminishing number of its, and we are 

desperately trying to preserve it. For the sake of the allotted time, I will focus my dialogue on St. John's District, not to 

discount the Sebastian District as it also shares in its end user concerns. 

St. John's is a dike levy system where water is provided gravity through irrigation and recovered through pump. It is an 

enclosed circulatory system much like the human body and probably as close to a class IV system as we may find. 

There's only one discharge point per 30,000 acres, that being in the upper St. John's system as operated by the St. 

John's River Water Management District. As an encapsulated system, the St. John's is land locked. Of the 30,000 

acres, 25,000 is privately owned agriculture of which 95 percent is citrus. Given the surface water elevations can be five 

to 10 feet higher than the ground elevations, balancing the delicate love/hate relationship between citrus and water is a 

challenge, even under ideal conditions. My job is to make sure this citrus/water marriage stands the test of time. During 

weather events, the difference between survival and failure is measured in the hundreds of a foot, fractions of inches. 

Any action which would require an adjustment to surface water attenuation and potentially increase surface water 

storage would tilt this delicate balance toward failure. Given my almost 40 years of water management experience in 

water management in Florida, and specifically in these geographical areas, I can only presume that any attempts to 

move toward these standards would look at increased water storage and/or restricted discharges. For us, that would be 

our ruination. We do not have that capability. Given our physical internal limitations and our hydraulic placement at the 

extreme head water at the upper St. John's, we must react quickly to provide effective and safe water management to 

the residents. 

In the case of the St. John's I ask you to visualize a bathtub whereby the furthest point from the drain is our 

improvement district. We are so from the drain that the only thing behind us in this example is the bathtub ring. We must 

react quickly to conditions as we are on the hydraulic edge, preferable cutting edge, and if our system is handicapped in 

any fashion by its ability to discharge as required, we have violated our critical flood control objective. And I'm sure I 

don't have to remind a lot of folks that the project which created our Florida system, the federal project and the agency 

which was created was the Central and South Florida flood control project in the Central and South Florida Flood 

Control District, my first employer in Florida. 

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I often compare our efforts to that of the Alamo where we are continually fighting against incredible odds which 

surround us. In attempting to sustain and maintain our viability, we have fought the devastation of hurricanes, canker, 

citrus green. We are committed to sustaining the viability of this famed agricultural product and to be good stewards of 

the environment as evidenced in our citrus BMTs of 1998 and our ongoing efforts to reconnect the water management 

districts to keep hundreds of thousands of water from the lagoon. We are committed as the pig in the fable of the ham 

and the egg. 

Comment ID 0792.001.001 

Author Name: Parsons P. 

Organization: Everglades Agricultural Environmental Protection District 

I'm Philip Parsons. I'm speaking today for the Everglades Agricultural Environmental Protection District, which was the 

district that was created by the Florida legislature in the late '80s, funded by a per acre tax on agricultural land, and has 

generated research work funded with the water management district and others a number of investigations into 

enviromental resource management, best management practices, storm water treatment area improvements. And from 

the late '80s through this fiscal year the district will have funded a little over 50 million dollars in research, and we 

believe it's made a positive contribution to understanding of these issues. 

Comment ID 0793.001.001 

Author Name: March R. 

Organization: Collier Enterprises and Orange-Co, Inc. 

Good afternoon. I am Raymond March. I'm a professional engineer. I've been practicing in the state of Florida for over 

25 years. This afternoon I want to make some comments on behalf of Collier Enterprises and Orange Co. These are 

companies with substantial interests in the state of Florida in citrus, farming, ranching and land development. 

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Comment ID 0795.001.001 

Author Name: McCarthy L. 

Organization: Lykes Brothers 

I'm Linda McCarthy with Lykes Brothers. Lykes Brothers owns between 330 and 340,000 acres of land in Glades and 

Highlands County. We go from just southeast of Lake Istokpoga down to the western edge of Okeechobee and almost 

to the Caloosahatchee River. It's pretty much a contiguous parcel of property. Our primary agriculture activity is cattle, 

so it's a fairly low intensive area, although we do have some higher intensity areas of citrus, vegetable, sugar cane and 

forestry products, eucalyptus and pine. 

Comment ID 0796.001.001 

Author Name: Albergo N. 

Organization: HSA Engineers and Scientists 

Good afternoon. My name is Nick Albergo. I'm a professional engineer and president and CEO of HSA Engineers and 

Scientists. We're a Florida-based environmental and water resources consulting firm of about 270 professionals. We 

provide our services to the State of Florida, Department of Environmental Protection, the water management districts, 

and the regulated community, and have been involved with water quality issues in Florida for over 20 years. I want to 

thank you for taking an interest in Florida and allowing us the opportunity to express our views here today. 

Comment ID 0797.001.001 

Author Name: Siniawsky J. 

Organization: Plantation Acres Improvement District 

Good afternoon. My name is Jeffrey Siniawsky. I'm the attorney for the Plantation Acres Improvement District. One 

quick bit of housekeeping. Both our district engineer and I signed up to speak. Our district engineer will not be speaking, 

so we will not be speaker number 17. I'll speak on behalf of our organization. 

MR. SINIAWSKY: As I said, I represent the Plantation Acres Improvement District, which we colloquially refer to as 

PAID by its initials. PAID is a special district, independent special district of the state of Florida it's located in the 

western portion of the city of Plantation in Broward County, a small district, approximately 2,000 acres. It's a small 

district that has a very limited budget. 

I'm not a scientist, so I'm not going to talk to you about the science. I wouldn't even know where to begin, but I do want 

to talk with you about a couple of practical considerations that needed to be entered into this equation. As an 

independent special district of the state of Florida, PAID was created by the Florida legislature and has only that 

authority and those powers expressly and specifically granted to it by the Florida legislature. 

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Now, PAID was originally created in 1960 by the legislature as the Dixie Drainage District. Its name says it all. In 1982 

PAID was created as the successor to the Dixie Drainage District with the power, the authority and the mission to 

provide flood control, water control, as well as other infrastructure that was necessary or desirable to make land 

available for development. That meant build roads, build bridges, lighting, sidewalks, things of that nature. Its main 

purpose is to drain land, to provide flood control, and to move water, and it's limited to those powers that have been 

granted to it by the Florida legislature. 

Now, PAID in the course of its mission operates a drainage system of approximately 11 miles of canals as well as 

swales to collect and move water to carry it off. It's essentially a complex plumbing system. What it's not is recreational. 

Comment ID 0798.001.001 

Author Name: Crone R. 

Organization: Lake Worth Drainage District 

Good morning and welcome to South Florida. For the record, I am Ronald Crone, manager and district engineer for 

Lake Worth Drainage District. 

The Lake Worth Drainage District is also a special drainage district, and it was created in 1913. Four years later in July 

1917 Lake Worth Drainage District had received all the necessary certifications and set out to do what it was created to 

do, dig canal. A ladder system of canals was dug so land could be drained for development. The canal ladder system 

coverage was from two miles west of what is now State Road 7 to a chain of lakes on the east which partially remain 

today as Lakes Clarke, Osborne, Webster, Boynton and Ida, and from the Hillsboro Canal on the south to what is now 

Okeechobee Boulevard on the north. In 1910 the lands through pre-Lake Worth Drainage District were divided into 

small residential tracts along the east to larger agriculture tracts in the west ranging from five to 40 acres. District 

records indicate that included in today's district system are canals that were constructed as early as 1910, with the 

majority being constructed in the 1920s. Is this significant? We think so. 

The district's canals, as you see them today, have been in existence for the last 80 to a hundred years. Just a few more 

facts about Lake Worth Drainage District as it relates to Palm Beach County. The county is comprised of 2,200 square 

miles with the Lake Worth Drainage District encompassing 220 square miles. That's 10 percent of the county's land 

mass. Palm Beach County has approximately ten miles of canals. South Florida Water Management has approximately 

110 miles of canals. There are several other drainage districts in Palm Beach County, and they account for 

approximately 400 miles of canals. Lake Worth Drainage District has approximately 475 miles of canals. What's this 

mean? This means that Lake Worth Drainage District has 50 percent of the county's total canals, but only represents 10 

percent of the county's area. 

Comment ID 0800.001.001 

Author Name: Kamener K. 

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Chapter 2 - Comment Documents Background 

Organization: Bayshore 

Hi. My name is Karen Kamener, and I'm representing the concerned citizens of Bayshore. Bayshore is located due 

south of Cecil Webb Wildlife Management area, and we're just a couple miles downstream from the Olga picture that 

you had up on the screen. 

Comment ID 0800.001.002 

Author Name: Kamener K. 

Organization: Bayshore 

I'm kind of new at this. I don't have a formal education but I've been reading about CAPCA application for a water 

management ERP, and also I'd read other applications on the water manager Web site that concern our area, and we 

found a lot of lack of enforcement. For example, about a thousand feet northeast of me there's a man that has been 

pumping 21 million gallons a day on us for 30 years without a permit. When he applied for a permit to water 

management, he said it's been doing it for 30 years, to the Army Corps he said it was 25 years. Both applications were 

made out on the same day. 

We've had someone put up a three-quarter mile berm in the middle of one of the flow ways, and this is in the Popash 

Creek watershed. This watershed goes nine miles up into Charlotte County. People are diking, canaling, doing all kinds 

of things that add to our water quality problems. I'm going to read to you a few things from Lee County's petition for 

administrative hearing because my issue is that the protection that we have now is not working. People are not 

following it, and I would hope that no matter what EPA decides to do as far as all the science, I'm not an expert on the 

science, but I would hope that someone will try to clean up the mess that we have and force the protections that we 

currently have even because I think if they were enforced, we might have some hope. 

But anyway, as a result of the proposed agency action, Lee County will suffer an injury in fact to its substantial interest 

which of sufficient immediacy to entitle it to an administrative hearing and its substantial interest of a type or nature 

which the proceeding is designed to protect. Anyway, it says Lee County owns, controls, manages or regulates 

significant property within Lee County downstream from the project. 

Disputed issues of material fact. Lee County disputes whether the application has provided reasonable assurance to 

FAC Rule 40E and so on. And it says that the project will not cause adverse water quality impacts to receiving waters 

and adjacent lands located within and owned, controlled, managed or regulated by Lee County. Lee County disputes 

whether it will not cause adverse flooding to property located within, and I'm not going to keep repeating this for each 

paragraph. Will not cause adverse impacts to existing surface water storage and conveyance capabilities of facilities 

located within the county, will not adversely impact the value of functions provided to fish and wildlife, will not adversely 

affect the quality of receiving waters, and it goes on and on and on with these concerns. And what's happened now is 

that Babcock has suggested the language for the settlement is one paragraph. They're going to do some models 18 

months down the road after they start turning, you know, dirt, and it's like we feel these things should be taken care of 

before they get their permits. 

And then I want to read one more thing because, I mean, this application is just full of stuff that I feel is very 

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Chapter 2 - Comment Documents Background 

questionable. Anyway, it says considering that the current surface water management system under the district permit 

contains interdependent control structures and conveyances throughout all three properties, the BRC permit should not 

be considered in isolation, even if we assume that the proposed permitting actions under permits, and there's the three 

permit numbers, Lee County, State of Florida, and then the Babcock Ranch community, are determined to be valid by a 

DOAH judge. It is not clear what permit conditions would apply to each permittee. The result would create a compliance 

and liability quagmire for all parties involved, including the SFWMD. 

Comment ID 0801.001.001 

Author Name: Daltry M. 

Organization: Sierra Club 

Good afternoon. My name is Marty Daltry. I am the conservation organizer for the Sierra Club, Fort Myers office, as well 

as past president and current member of the board of directors for the Caloosahatchee River Citizens Association. I've 

also been a resident in Lee County for 34 years. For many years our waters have been impaired due to excessive 

nutrient runoff. In southwest Florida we have suffered through various algal blooms, including severe episodes of red 

tide and toxic blue green algae. 

Comment ID 0801.001.003 

Author Name: Daltry M. 

Organization: Sierra Club 

As another example on the extent of the devastation to our water bodies, in 2006 the Caloosahatchee River was ranked 

seventh out of the ten most endangered rivers in America by the American Rivers Organization. While this is not a 

designation that we're proud of, it does designate the magnitude of pollution problems in our local waters. 

Comment ID 0803.001.001 

Author Name: Fernandez J. 

Organization: HSA Engineers and Scientists 

My name is Jerry Fernandez. I'm associated with HSA Engineers and Science. I've been intimately involved in water 

quality issues in Florida for over 40 years, commencing with doing my PhD at the University of Florida, and my 

dissertation was on eutrophication factors on north central Florida lakes. In fact, some of the work is referenced in the 

EPA document. Since that time I've been a member of the scientific advisory group for the Everglades, the Lake 

Okeechobee technical advisory group, and also the ETAG, the Everglades Technical Advisory Group, and I've had the 

opportunity to review the document, and I'd just like to take a couple of minutes to talk about what I feel are the most 

significant concerns, at least from my viewpoint and having had 40 plus years of experience with Florida water quality. 

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Comment ID 0805.001.001 

Author Name: Sumner J. 

Organization: 

Good morning. My name is Jeff Sumner. I'm a professional engineer, and I serve as the district engineer for six Chapter 

298 water control districts in the Everglades agricultural area south of Lake Okeechobee. First of all, thank you for your 

time, and I commend you on your endurance for being able to make it through three days of these hearing. 

Comment ID 0806.001.001 

Author Name: Stopyra T. 

Organization: Packers of Indian River 

This book summarizes decades of work by the University of Florida scientists, The Nutrition of Florida Citrus Trees. I 

would like to take the opportunity to use this as a teachable moment, if I may? I don't have any fancy power point slide, 

but I've got a piece of paper here that shows basically how it is that we make decisions about how we fertilize citrus 

trees. If you're down here at the bottom, you're underfertilizing your trees. If you're here at the top, you fertilize your 

trees for maximum production. If you don't have maximum production, you're out of business. This data is summarized 

in The Nutrition of Florida Citrus Trees. It is found on SL253. It's published on the Web site. The only real fact to 

maintain production is that hundreds of pounds of fertilizer must be applied annually which replaces the nutrients 

removed during harvest and provides new growth. We also have a problem in Florida with soil variability. We have 50 

different soil series in Florida. The vast majority are in three major groups, alpha soils, spodA soils and entA soils. All of 

them are sandy. We use soil and tissue samples in order to make our recommendations. Each grower takes their own 

samples, they're sent to a laboratory, and based on that we apply fertilizer in what's known as variable rate technology. 

My company recently spent $20,000 to buy a variable rate machine. It's a double-sided machine. You apply fertilizer 

based on soil type and on size of the tree. Any change in the current balance of nutrient applications, crop removal and 

sandy soils will place undue hardship on citrus growers. 

Comment ID 0806.001.003 

Author Name: Stopyra T. 

Organization: Packers of Indian River 

Good afternoon. My name is Thomas Stopyra. I work for Packers of Indian River. Packers of Indian River owns about 

7,000 acres of land. We produce fresh fruit for export for about 4,000 acres of citrus. We own properties in Charlotte 

County, Indian River County, and in Fort Pierce and St. Lucie County. Packers employs 60 full-time grove workers plus 

125 seasonal workers to run the packing facility during the grapefruit season which is October through the end of April. 

In addition, we also employ harvesting subcontractors which harvest our fruit, our crop in the hundreds. All of this is 

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Chapter 2 - Comment Documents Background 

contingent upon having a crop. 

In 2001, Packer signed a notice of intent to comply with water quality, water quantity best management practices for 

Indian River area. My name is in this book. I was a member of two committees, one for nutrients and one for pesticides. 

I worked on this and helped write this manual. This is an articulated agreement between the DEP, Florida DEX and the 

grower community. By signing this notice of intent to comply with these best management practices we have been 

granted a presumption of compliance. 

I make fertilizer recommendations for Packers of Indian River. I'm a certified crop advisor. I've lived in Florida for 25 

years. I'm a graduate of Cornell University's agronomy program. The fertilizer recommendations are based on research 

from University of Florida scientists. 

Comment ID 0807.001.001 

Author Name: Tripp A. 

Organization: Lake Okeechobee Regional Economic Alliance 

Good afternoon. My name is Ashley Tripp, and I'm the president of the Lake Okeechobee Regional Economic Alliance 

in Palm Beach County. Our alliance was founded in 2004, and its mission is to see a vital economy that offers business 

and career opportunities building on the diversity, beauty and natural and human assets of the Lake Okeechobee 

region. We are a nonprofit, volunteer organization comprised of local stakeholders representing the tri cities of Belle 

Glade, Pahokee and South Bay, the chambers of commerce, businesses, Workforce Alliance, Palm Beach State 

College and the farming industry. 

Comment ID 0808.001.001 

Author Name: Charles J. 

Organization: Florida Association of Special Districts 

James Charles. I'm with the law firm of Lewis, Longman and Walker. I have the pleasure of speaking on behalf of 

Florida Association of Special Districts again today. Again I appreciate the opportunity to provide comment today and 

over the past two days. I hope EPA has a better understanding of who we are and why we are. As I stated yesterday, 

several of our members were created in early and mid 1900s, meaning much of if not all of their infrastructure predate 

the Clean Water Act. Although they would predate the Clean Water Act, they were legally created under state and 

federal law. In fact, much of the extensive South Florida canal system was in part of the central and southern flood 

control program, meaning that it was constructed pursuant to congressional direction and federal funding. 

Comment ID 0809.001.001 

Author Name: Diffenderfer M. 

11/19/2010 02:48 PM EST 2-1174
 
Chapter 2 - Comment Documents Background 

Organization: Lewis Longman & Walker, P.A. on behalf of Seminole Tribe of Florida 

Good afternoon. My name is Michelle Diffenderfer. I'm an attorney with the law firm of Lewis, Longman and Walker. I'm 

here today representing the Seminole Tribe of Florida. The Seminole Tribe of Florida, as you already should know, has 

five reservations within the state of Florida and multiple trust properties, we're also adjacent to many federal properties 

as well as completely surrounded by the state of Florida, sharing common borders and waters with the state of Florida. 

We also have -- are co-responsible for a critical Everglades restoration project with the U.S. Army Corps of Engineers 

which receives 50 percent federal funding. 

Comment ID 0814.001.001 

Author Name: Foy J. 

Organization: City of Atlantis, the Town of Haverhill 

Good afternoon. I don't envy you. You probably feel like the messenger that got shot, or maybe even worse, the 

sacrificial lamb. My name is Jay Foy. I have 35 years of experience or more in water resources. I represent the City of 

Atlantis, the Town of Haverhill. I'm on the steering committee, so I also represent the NPDS steering group of Palm 

Beach County as well as my myself and my firm. I have a ten-page letter that has been submitted to you by mail 

yesterday. It has 15 points on it. I'm going to mention ten of them, and only concentrate on two. First was I have a lot of 

experience. 

Comment ID 0815.001.001 

Author Name: Carter K. 

Organization: South Florida Water Management District 

Good afternoon. Kevin Carter, South Florida Water Management District. Welcome to West Palm Beach, day three of 

three. We appreciate EPA holding your public meetings in Tallahassee on the 17th, Orlando yesterday, and today in our 

hometown, West Palm Beach, Florida. The district has been a leader in restoration science and a promulgation of 

numeric nutrient criteria. We were an integral part of the first numeric nutrient criteria in the State of Florida, the 

landmark criterion for the Everglades, which took 11 years to do, and shows the complexities that are involved and the 

time that can be necessary to do numeric nutrient criteria in an appropriate manner in South Florida. We have been 

deeply involved, and I am actually a tack member of the Florida Environment Protection numeric nutrient criteria. 

Through the findings of that tack, as you know, the DEP put out the drafts of state criteria last year. 

Comment ID 0816.001.001 

Author Name: Perry M. 

Organization: Florida Oceanographic Society 

11/19/2010 02:48 PM EST 2-1175
 
Chapter 2 - Comment Documents Background 

Mark Perry. I'm the executive director for the past 32 years of Florida Oceanographic Society and also a member of the 

Water Resource Advisory Commission with the district and I'm the state co-chair for the Everglades coalition and also 

member of the rivers coalition up in Martin, St. Lucie County area. Basically you have a challenge ahead of you. I mean, 

the water quality standards for the state, particularly with Florida's lakes and flowing waters, have dramatically changed. 

Those lakes and flowing waters changed dramatically in the course of the past century and even the last 50 years. 

Comment ID 0817.001.002 

Author Name: Martin D. 

Organization: Sierra Club 

Now, here in Palm Beach County a number of years ago someone fell into a lake while they were jet skiing. They died 

the next day because the water was so polluted, and it had to do with, in my impression, I'm not a scientist and I'm not a 

forensic doctor, but it was my impression from reading the article that it had to do with algal problems in the water. 

Comment ID 0820.001.001 

Author Name: Kolojeski J. 

Organization: Archaea Solutions, Inc. 

Good afternoon. Thank you for your time. My name is John Kolojeski, and I am corporate vice president and counsel to 

Archaea Solutions, Inc., and I am in charge of the Florida office in Orlando, and I thank you for convening these 

meetings, and most of all I thank all of you who have attended. I've been present for the last two days, and so I've had 

the opportunity and I've listened most keenly to those in three particular areas impacted by the proposed regulation, and 

those are municipal waste water treatment facilities and operators in districts, those in the food processing industry 

such as juices, beef, et cetera, and thirdly the agricultural interests of this state which we have great direct interest. Our 

key for those who do not know is the oldest living organism known to man on this planet. Fossils from as long as 3.5 

billion years have yielded archaea microbes. Archaea itself, and this is not a history lesson so I'll give a brief review. 

Archaea itself was not discovered until 1977. It was predicted by the great scientist, Dr. Crick back in 1958, the nobelist, 

co-discoverer of DNA, and as I say, it was not discovered until 1977 by Dr, Woos, a Yale biophysicist who discovered it 

in the laboratory in the University of Illinois. Of course it caused a revolution in the understanding and concept of human 

life. So if you went to high school or college when I did back in the '60s or '70s right up through the '90s, archaea -- at 

that time there were five kingdoms of bio classification, bacteria, protozoa, fungi, plants and animals. After archaea it 

was reduced to three domains, procaryotes, which are bacteria, the lowest form of life, eucaryots, which are the highest 

form of life which range all the way from protozoa to animals to man, and finally archaea. Now, why is this of any 

relevance to this proceeding? 

Comment ID 0821.001.006 

Author Name: Miedema B. 

11/19/2010 02:48 PM EST 2-1176
 
Chapter 2 - Comment Documents Background 

Organization: Sugar Cane Growers Cooperative of Florida 

We are willing to work with you. We're willing to work with the Florida Department of Environmental Protection, and we 

have done so and have a traffic record of this. We have been implementing on farm agricultural best management 

practices since 1994 with full scale implementation since 1996. Our long term average reduction of phosphorous is at 

54 percent with a 68 percent reduction last year. This means that over 2,000 metric tons of phosphorous has been 

removed on the farm at the farm level before water enters the Everglades. The storm water treatment area has 

removed another thousand tons. We have been a partner with the state in assuring that we have clean water for the 

Everglades. 

Comment ID 0822.001.001 

Author Name: Hutchcraft M. 

Organization: King Ranch and Consolidated Citrus 

Good afternoon. My name is Mitch Hutchcraft. I'm with King Ranch and Consolidated Citrus. I want to thank you for 

taking the time to come and hear from us. King Ranch and consolidated citrus are agricultural companies, and we grow 

citrus, vegetable, nursery stock, sugar cane and even gators and hogs on our property. We've got a little bit of wildlife. 

Our property is in six counties in Central and South Florida, and we recognize that clean and reliable water resources, 

they're critical to us as an agricultural company. King Ranch has 150 year history of stewardship in land management, 

and from that perspective we certainly support the goal of clean water. 

Comment ID 0827.001.001 

Author Name: Grigsby W. 

Organization: Florida Cattleman's Association 

I've enjoyed your smiling faces for three days, a lot more time than I've had to see my wife this week, and I'm sure y'all 

are the same way. Again, thank you all very much for coming. I'm Wade Grigsby, the president of Florida Cattlemen's 

Association. I would like to correct one thing earlier. Mr. Martin was talking about Bahia grass and needing a lot of the 

nutrients and pesticides. Actually, I think we find that the turf grasses are just the opposite. This one is a very persistent 

grass that requires very little water or fertilizer. It will hang. I notice he wasn't here, but I just wanted to make that 

statement. But I will say as incredibly preposterous as it sounds, there's certainly nothing wrong with making a profit. 

Today we've been driven into the fact that people who make a profit, and especially corporations who make large profit 

are a bad thing, but without that, there isn't any taxes or anything to drive us forward. 

Comment ID 0827.001.004 

Author Name: Grigsby W. 

Organization: Florida Cattleman's Association 

11/19/2010 02:48 PM EST 2-1177
 
Chapter 2 - Comment Documents Background 

And I would leave this. The landowners that are the good stewards that are profitable progressive landowners today, 

you can go to their ranches or their properties and you're going to see things that you all are talking about and we are 

talking about, they're already implementing. They've got the capital to do it and moving forward with it on their own. It's 

the rest of us that are just kind of bouncing along that need the help, so I think some of these partnerships will work. 

And the last thing I want to say is I don't think there's any doubt that profitable sustainability will create environmental 

sustainability for us. Thank you all very much, and I hope y'all have a safe trip home. 

Comment ID 0828.001.001 

Author Name: Zee B. 

Organization: Delray Alliance 

Thank you very much for allowing me to speak. My name is Barbara Zee, and I'm vice president for the Delray Alliance. 

This is an alliance of residential associations in Delray Beach, and what we did is so that we could be very efficient with 

our time, a letter was written up and it explains what we have to say, and then of course if you have any questions I'd be 

glad to answer them after that. This is the Alliance of Delray Residential Associations, the hearing statement proposed 

water quality standards for Florida submitted by Margie J. Walden, executive VP of the Alliance of Delray. The Alliance 

of Delray Residential Associations, Inc. is a community-based organization comprised of 70 condominium and 

homeowners associations in Delray Beach. We work towards building a strong community that serves the best interests 

of our 70 plus thousand residents by addressing issues that improve quality of life, enhance property values and protect 

the condo and homeowners rights. The Alliance of Delray understands that the EPA is in the process of setting numeric 

nutrient water quality criteria for Florida. 

Comment ID 0829.001.001 

Author Name: Quashus P. 

Organization: Collier County Audubon Societies of Southwest Florida 

Well, isn't that a pleasant surprise. I was getting ready to use my old line about everything that needs to be said but not 

by me, but you've got more time to go so I won't. I'm Pete Quashus. I represent Collier County Audubon Societies of 

Southwest Florida, and I'm on any number of boards that are concerned with water quality. I'd rather be fishing. I was a 

guide, an Orvis guide down in Naples, and I'm concerned with the water quality that we have. We're all trying to do the 

right thing. We are seeing finally significant progress on the coastal homeowners associations dealing with fertilizer, 

dealing with storm water runoff. We know that our new developments are more sensitive to dealing with the issues. I 

also know that ten years ago when I used to be a guide on the Caloosahatchee it was one of the most productive, most 

eco friendly environments you could ever imagine. It's now dead. It used to produce a significant part of the blue crabs 

that went to the Chesapeake every day by airplane, much to the chagrin of the people in Maryland, but that's where 

they came from. We used to be able to harvest shellfish down near Sanibel. There used to be crabs. There used to be 

innumerable opportunities. The sad story is that despite the best efforts that are going on with Everglades restoration 

and billions of dollars in planning and even in some projects with the limitation of best management practices, we're not 

making much progress. Our waters continue to deteriorate and our environment continues to suffer. 

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Comment ID 0829.001.003 

Author Name: Quashus P. 

Organization: Collier County Audubon Societies of Southwest Florida 

What happens in Orlando now goes past my dock. Unfortunately, it comes past my dock a lot sooner than it used to. I 

mean, we channelized the Kissimmee, we've diked Lake Okeechobee, we've channelized, we've flash flooded, we've 

removed many of the impediments to the natural system. It's going to take a lot of money and a lot of time to try and get 

it right. 

Comment ID 0832.001.001 

Author Name: Stewart R. 

Organization: Florida Pulp and Paper Association 

Good afternoon. Ron Stewart with Florida Pulp and Paper. I had the opportunity to speak to you yesterday in Orlando, 

and I appreciate an additional opportunity to speak to you today. Yesterday I told you generally about what our 

concerns and what our comments would be. Today I'd like to speak more specifically on what our interpretation of 

EPA's proposal is and how that affects implementation and permitting and cost. 

Comment ID 0833.001.002 

Author Name: Louda B. 

Organization: 

Anyway, I did some rapid soluble reactive phosphorous tests this past week. My well water is 29 parts per billion. I used 

your certified test with traceable standards, so these are real numbers. My pond is 55 parts per billion. My Zephyrhills 

bottled water, depending on whether I get it out of a polypropylene or a peat bottle is 55 or 65 parts per billion. The 

interesting thing about that is for the past 12 years I've had undergraduate students looking at different bottled waters, 

and Zephyrhills has gone from 40 to 55 or 66 parts per billion in those 12 years due to primarily agricultural runoff. The 

one thing that surprises all my students when I tell them about phosphorous is I say you know, it's absolutely illegal -­

they mentioned Perrier water, that's true. But it's absolutely illegal to take any water out of a tap of a city and put it into 

the Everglades as well. Two days ago Boca ran 470 parts per billion phosphorous because we use phosphates to get 

rid of water hardness in city waters. 

Comment ID 0836.001.001 

Author Name: Boyd B. 

11/19/2010 02:48 PM EST 2-1179
 
Chapter 2 - Comment Documents Background 

Organization: 

Hello, and thank you for giving me the opportunity to speak. My name is Bill Boyd, and I have a nursery in Palm Beach 

County, and I've been in the nursery business for over 30 years in Palm Beach County. If you're looking at the pecking 

order in the county, go down to the bottom. We're at the roots part of the grass roots. My neighbors, the residential 

properties around me, we're the people that work the 12-hour days, the six-day weeks. 

Comment ID 0837.001.001 

Author Name: Butler R. 

Organization: 

Hello. My name is Roger Butler. I'm a dairy farmer from Highlands County. A lot's been going through my mind here this 

afternoon. As a matter of fact, I left all my notes at the chair because there's been a lot of outstanding comments today 

made to y'all, I think a lot of common sense comments. I just wanted to bring you maybe up to speed of what -- this is 

new to a lot of these people in the room. I had a dairy in the Lake Okeechobee basin, had a dairy rule imposed on us 22 

years ago. We were one of the first dairy farms to implement the retention of all the stormwater from the high intensity 

area and all of our waste wash water. We just recently a farm that -- and let me back up a little bit. This has all been 

through the help and design and support of the State of Florida, the Department of Agriculture. There's been some 

projects that the water management district has been highly involved in. Our last project that we did on the farm 

consisted of a 3.2 million stormwater retention project on 1350 acres. 

Comment ID 0837.001.004 

Author Name: Butler R. 

Organization: 

My son, a student at the University of Florida, will probably never come back into the dairy business because he has 

watched me for the last 22 years and what we've been through trying to stay in business in the only business I know. 

I've never done anything else. I was born following cows around in Broward County where our dairy originated at a site 

some people may know, TY Park. Sheridan Street come right through the middle of where the farm was. It's all I've ever 

done, so I don't want to change. But I do have to commend where we are on the farm. These regulations that you may 

set I'm not too worried about because we're already ready for them. It's nice to see the counties and the municipalities 

finally realize that these numbers will affect everybody in this state. 20 years ago everybody was saying yeah, let them 

dairies take care of their problem. Well, now everybody's got a problem. Now we're all at the table, which is where we 

need to be working these things out through sound science, working with the state Department of Environment 

Protection, South Florida Water Management District. That's the only way these things are going to get done. I do 

support projects done on private land. I think water management has learned a lot, that it's a lot cheaper to deal things 

on private property than it is to own them, maintain them and everything else. I'm down to two seconds. Thank you very 

much for your time. Y'all have set and listened to a lot of stuff. Thank you. 

11/19/2010 02:48 PM EST 2-1180
 
Chapter 2 - Comment Documents Background 

Comment ID 0842.001.001 

Author Name: Estevez S. 

Organization: South Florida Water Management District 

I'm sorry, I'll be quick. Christopher Petit for Shannon Estevez, the governing board member for the South Florida Water 

Management District. Ms. Estevez just asked me to enter into the record a letter from her that provides context and 

correctly interprets a comment that was made during a recent governing board meeting. It was reported in the paper, 

has also been referenced during the proceedings. She just wanted me to enter into the record a letter clarifying that. 

Comment ID 0844.001.002 

Author Name: Waldron M. 

Organization: Highland Greenhouses Delray Plants 

My name is Mike Waldron. I am a sixth generation Floridian. I am a board member with the Highland County Farm 

Bureau over in Sebring and spokesman for Highland Greenhouses Delray Plants. Let me start by giving a short 

background of Highland Greenhouses Delray Plants. Delray Plants is a $60 million a year company with over 500 

employees. It's located in the southernmost part of Highland County and it's been there for the past 12 years. The 

founder of the company, Mr. Jake Koornneef, started Delray Plants in the Delray Beach area back in 1968, and still has 

two nursery locations there today. In the late '80s the family decided to purchase close to 300 acres in the Venus area 

and move the majority of shadehouse and greenhouse operations to that new location. Obviously the owners of Delray 

Plants have plenty of requirements to follow from the various agencies that were in place at the time that construction 

began. The family that owns Delray Plants Company is Dutch. And the Dutch, as you may know, are known for being 

good businessmen and sometimes doing things to the extreme. With that being said, that was the case and it still is 

today. Edward Koorrneef made certain that measures above and beyond what were called for were in place during 

construction. Slope and swales were constructed in which all water runoff water flows and then into a series of ditches 

which are maintained and mowed regularly. From here, the water flows into recovery ponds and every water 

management rule is followed to the letter. No water leaves the farm unless it's in the event of a major rainfall event, like 

that which a hurricane produces. Delray Plants Highland Greenhouses operates in Palm Beach, Highland and Hardee 

Counties and totals a little over 225 acres of production space. Let me impress upon you this is merely 10 million 

square feet of plant production. So with that, many BMP measures are used and are in place at all three locations. And 

the measures are not without their costs. In our business, passing along increases doesn't happen most of the time. 

And when we do pass along an increase, it doesn't happen overnight. With that being said, the last three years have 

been incredibly tough in the plant business. Increased fuel prices have caused freight to skyrocket, and it's obviously 

passed along with everything we purchase from freight to fertilizer to soil. 

Comment ID 0844.001.004 

Author Name: Waldron M. 

11/19/2010 02:48 PM EST 2-1181
 
Chapter 2 - Comment Documents Background 

Organization: Highland Greenhouses Delray Plants 

Delray Plants believes in sound science practices and it shows by being successful in the plant business for more than 

40 years. We expect the same from our government agencies. Now I have not read all 196 pages of double-spaced 

text, footnotes and 27 data tables, nor do I intend to. 

Comment ID 0845.001.001 

Author Name: Lassiter K. 

Organization: Coalition of Boynton West Residential Associations 

Good evening. My name is Ken Lassiter. I live at 6131 Hook lane in Boynton Beach. It is my honor to serve as the 

President of the Coalition of Boynton West Residential Associations, otherwise known as COBRA. COBRA is not-forprofit civic organization serving the people in unincorporated Palm Beach County west of the city of Boynton Beach. 

The Coalition has 88 residential communities, as members representing about 100,000 people. Our members live in 

homeowners and condo associations. 

Comment ID 0846.001.001 

Author Name: Martin P. 

Organization: Lake Worth Drainage District 

Good evening, EPA. How are you doing? I am Patrick Martin, professional engineer. I am the Director of Engineering 

for Lake Worth Drainage District. Speaker number three actually kind of gave me a very good segway. The district was 

originally created in south beach Palm Beach County. It was originally created in 1913. Its purpose then was to reclaim 

the land, making agriculture and human settlement possible. Today Lake Worth Drainage District has close to a million 

residents in southeast Palm Beach County. LWDD through its permanent program checks all projects for current water 

quality standards. And while they may be narrative presumptive, they are checked and are checked frequently. 

Comment ID 0851.001.003 

Author Name: Ryan E. 

Organization: 

I am Elise Ryan. I am a resident of the Town of Loxahatchee Groves where west of here we have 3,000 people on 

about 8,000 acres. We're spread out. We have a septic and well. We don't have city water. As far as I know, we don't 

have any blue babies. I am not aware of any bladder cancer or any liver damage. And the wells in our area are testing 

safe. 

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Chapter 2 - Comment Documents Background 

Comment ID 0855.001.005 

Author Name: White S. 

Organization: 

So you can imagine what the deep well injection is going to be into our aquifer, which they say is not going to move. 

Water migrates, I don't care what the liar says. The lie is the lie. FPL lied in Tallahassee. 

Comment ID 0855.001.007 

Author Name: White S. 

Organization: 

Well, I have seven grandchildren. My education was far better than hers. Just basic education. And I do understand a 

lot more than she gave me a lot of credit for. 

So there she is and I don't even want to know her name because I don't want to be thinking about her. This is true. We 

were there yesterday, wasted an hour trying to get just basic stuff. I live on almost an acre and a half. I live in The 

Acreage. 

MS. KEEHNER: Would you state your name, please? 

MS. WHITE: I am Sharon White, okay? 

MS. KEEHNER: Thank you. 

Comment ID 0856.001.001 

Author Name: Curry P. 

Organization: 

Hi, my name is Patricia Curry. I really don't know much about your standards. I listened to both sides of the argument. I 

do know that our waters are very polluted. I also know that there is a difference between a canal. 

Comment ID 0857.001.001 

Author Name: Wedgeworth G.
 

Organization: Sugar Cane Growers Cooperative of Florida
 

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Chapter 2 - Comment Documents Background 

It's going to be difficult for me to follow those three to four acts. My name is George Wedgeworth. I am President of the 

CEO of Sugarcane Growers Cooperative of Florida. Our company was formed in 1960 and we produced our first crop in 

1962. We are headquartered in Belle Glade on the south shore of the Lake Okeechobee. We're composed of 46 

sugarcane grower owners. We harvest and produce about 2.75 million tons of sugarcane annually and nearly about 

300,000 tons of sugar. We produce food, our raw cane from about 60,000 acres of land in Palm Beach County. Water 

management and farming go hand in hand. We, therefore, have very big stake in your proposed endeavor. 

Comment ID 0860.001.001 

Author Name: del Real P. 

Organization: Aurora's Voice 

Good evening. My name is Pablo del Real and I am representing Aurora's Voice. I live at 521 South Ridge Road, Delray 

Beach. Aurora's Voice is a non-profit, non-partisan organization. We work on behalf of the average American citizen. 

Our mission is to require U.S. representatives to pole their constituents on bills that are up for a vote and publish the 

results on the internet. That would allow us to compare the will of the people on house bills to representative votes and 

to see how well our representatives are representing us. Currently we are working on a prototype of this. We call it the 

Peephole for Preference Poling. There's no prototype available yet, but we are working on it and expect to publish it at 

peephole dot o-r-g. That's P like Paul. So we are here in that capacity on behalf of average American citizens, 

specifically on behalf of average Floridians. We do have some questions about the standards that you are proposing 

and I will save those for the end. 

Comment ID 0860.001.005 

Author Name: del Real P. 

Organization: Aurora's Voice 

One more comment before I have a couple questions. The reason that we are all here tonight is the Clean Water Act. 

This, I believe, is in response to that Clean Water Act that was passed in 1972. So again, with regard to something that 

we can do, I mentioned peephole.org as an opportunity to weigh in on these issues as they come up in federal 

legislation, because that's why we are here tonight and we all have something to say and we need a platform to be able 

to say that and weigh in on these issues before they start coming home like they are now. 

Comment ID 0863.001.002 

Author Name: Howard B. 

Organization: Loxahatchee River District 

Like the others, there's several specific items we would like you to consider during refinement and the implementation of 

the standards. As the name of our organization implies, our primary mission is the protection and preservation of 

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Chapter 2 - Comment Documents Background 

Loxahatchee River. It's one of two federally designated wild and scenic rivers in the state. We are working to protect the 

river in two ways. First, we performed extensive water quality and biological monitoring throughout the watershed, and 

we have done so for over 30 years. These data helped us in collaboration with our partners, including the South Florida 

Water Management, DEP, in a solid understanding about the health of our river and develop plans for restoration. 

Second, we serve as the regional wastewater utility with an award-winning reuse program. We have significantly 

reduced the number of septic systems in the watershed and our reuse program helps to preserve valuable water 

resources. 

Comment ID 0868.001.002 

Author Name: Cassel K. 

Organization: 

I am a native Floridian. My grandparents came down here in 1923. People say it's been given over to the developers. I 

say the invention of air conditioning is what created the problem in Florida. Prior to that nobody came down here except 

in the wintertime. After air conditioning, everybody moved down. You could do what they say in some places in South 

Carolina, if your family wasn't here prior to this date, move back. Move back. That would solve a lot of our issues. We 

wouldn't have the people, we wouldn't have a lot of need for the drainage. That's not practical. People are here. People 

want to be here. 

Comment ID 0868.001.004 

Author Name: Cassel K. 

Organization: 

Good evening. My name is Ken Cassel, I am District Manager for multiple community development and improvement 

districts and water control districts within Dade, Broward and Palm Beach Counties. The company I work for also 

manages approximately 80 development districts throughout the state. The primary responsibility of these development 

districts is for construction and operation of infrastructure. Most of that infrastructure relates to stormwater 

management, storm drainage. The systems that I manage do not discharge anywhere except during a rain event. 

During a rain event we may be discharging from two of my pump stations upwards of 400,000 gallons a minute. That's a 

lot of water. I don't have any ability to regulate what I receive because I am within communities, within municipalities, 

within counties. 

Comment ID 0869.001.004 

Author Name: Gray P. 

Organization: Audubon of Florida 

One of the other things about Okeechobee is we have this legacy phosphorus problem. We've been fertilizing for 50 to 

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Chapter 2 - Comment Documents Background 

100 years in that watershed. And in a nutshell, basically, they tried to ask me how much phosphorus did we already put 

out that we got to deal with. You know, it's too late, we just have to deal with it. The answer is, it's enough phosphorus 

to meet the annual inflow TMDL 105 tons for the next 1,800 years. That's how much is out there. Now that's 190,000 

metric tons. That's not all going to flow into the lake. A lot of it is bound to the watershed. It's not going to come in. It will 

-- What it probably will do is come in at 5 to 600 tons a year for the next few decades, like it's doing. 

But one of the aggravating things about that is the SWIM Plan, the Surface Water Group and Management Act was 

started in 1989 to clean up Lake Okeechobee. That's the Lake Okeechobee part of it. And since 1989 this legacy 

problem is twice as bad as it was in 1989. In the 20 years we have been cleaning up Lake Okeechobee we have made 

the watershed twice as phosphorus load. Some of it is kind of understandable. A lot of it is fertilizer for crops and raw 

eating. Some of it is sludge dumping for our cities. We're just taking our human solid waste out and dumping it in the 

watershed. Then we had a whole lot of problems with dairies and we spent a whole lot of money trying to improve their 

waste stream management. But what do we do with the waste stream management out of our cities? You know, 'cause 

cities are capable, too. We have a bunch of people in them and they have a big waste stream. We've been dumping 

them. So some of the things are little hanging fruit we can just stop doing, kind of the obviously dumb things. There are 

other things with farmers and other things that are going to take more time and more effort. We understand that. That's 

the phased approach. But we really commend you guys for moving forward. We look forward to helping you make this 

work over a very long period of time. 

Comment ID 0872.001.001 

Author Name: Schwartz M. 

Organization: Sierra Club 

Good evening and thank you for the opportunity to speak. My name is Matthew Schwartz. I am here representing the 

Sierra Club of the Everglades Issue Chair for the Broward group of the Sierra Club. I'm also representing the national 

club. I am a member of the Wildlands Committee, and also a chair of a subcommittee on national parks and wilderness. 

When you look at the map of South Florida, you will notice just how much of South Florida is public lands, specifically 

national park service land. Everglades National Park, Big Cypress National Reserve, Biscayne National Park. So we 

have a big stake in the national parks and the health of those national parks. 

Comment ID 0872.001.003 

Author Name: Schwartz M. 

Organization: Sierra Club 

I want to point out one thing about -- I guess my time is going to go fairly quickly, but people are saying it's us against 

them; Sierra Club versus farmers, whatever. I wish people could hear when I have been going to the Collier County 

Commission time after time arguing with them about the transition of their agricultural lands to residential, because it 

seems like the folks in Southwest Florida are much more interested in turning their crops into a different kind of crop as 

they have done in Ave Maria, as they are planning to do in the town of Big Cypress with all kinds of implications. Sierra 

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Club supports agriculture in those areas. We just filed suit today to establish critical habitat for the Florida panther, with 

five other organizations in tow. We understand that Florida panthers use the mosaic, farmland, open land - not so much 

residential, brings in the cars and everything else. We support -- We support farmland. I have quoted time and time 

again to that commission, the American Farmlands Trust. The cost of community services throughout the country. 

Every single time they show what happens when you transition residential land or agricultural land to residential, it costs 

those counties money. Yes, it's true, residential land brings in more taxes. You have to pay for traffic court, you have to 

pay for schools, libraries, et cetera. All the costs add up. Farmlands, it may not produce as much taxes, but it has 

virtually no expenses compared to residential. So it's a big profit for the counties. We support the continuation of 

farmland. I will go quickly. 

Comment ID 0872.001.005 

Author Name: Schwartz M. 

Organization: Sierra Club 

15 seconds left. Two things. I would recommend everybody read Across the Everglades by Hugh Willoughby, a canoe 

trip across the Everglades written in 1898, and hear his description of what the waters of the Everglades was like pre 

everything. And I would also advise people to go out to Big Cypress National Preserve and look at the waters in the 

preserve, rainfall driven, no agriculture, considered best Florida waters by the State of Florida, crystal clear, and it's still 

there. And I thank the EPA, by the way, for their concise and incredibly well-written comments to the National Park 

Service on future management of their preserve. Thank you. 

Comment ID 0873.001.001 

Author Name: Salmon V. 

Organization: Summit Private School 

Hi, my name is Vanessa Michele Salmon. I teach - I'm a teacher at FAU and I work with environmental endocrinology 

and I founded the environmental coalition there. I'm actually here representing my students who I teach now, I'm the 

environmental science teacher at Summit Private School. It's a Montessori school. My students are from very young to 

about 14 years of age. We put together a few things. Most couldn't be here. Actually, I would have liked to bring them, 

honestly, but, you know, it didn't seem appropriate. 

Comment ID 0874.001.001 

Author Name: Salmon V. 

Organization: Summit Private School 

I just forgot one thing. My name is Vanessa Salmon. One other thing we talked about was, there was recently a study 

that showed that the level of bacteria and such in sand was going to be greater than that in water. And when we were 

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looking at the different testing things we wanted to point out that it might make a lot of sense to test the sand that is 

south of inlets, such as the area where I live. 

Comment ID 0875.001.001 

Author Name: Melzer D. 

Organization: Martin County Conservation Alliance 

Good evening. Thanks for being here. My name is Donna Melzer, I'm down from Martin County. I live in Palm City. I am 

an attorney. I am a former county commissioner. But tonight I am here as a volunteer on behalf of Martin County 

Conservation Alliance. We have about 14 member organizations, and together with our member organizations we 

represent several thousand residents of Martin County. 

Martin County has repeatedly borne the impact of Florida's failure to adequately comply with the Clean Water Act. 

Comment ID 0878.001.001 

Author Name: Higginbotham A. 

Organization: Tampa Bay Estuary Program 

Please find attached formal comments from the Tampa Bay Estuary Program's Policy Board on the proposed Numeric 

Nutrient Criteria for the State of Florida's lakes and flowing waters. 

Comment ID 0883.001.001 

Author Name: Lynch T. 

Organization: Palm Beach County League of Cities, Inc. 

WHEREAS, the Board of Directors of the Palm Beach County League of Cities, (the Board has Inc. become aware of 

proposed new rules dealing with the numeric nutrient content of various classes of waters located in and adjacent to the 

State of Florida; and 

WHEREAS, the Board has submitted this important issue to its Environmental Committee for review; and 

WHEREAS, members of the League's Environmental Committee have attended public hearings held on these issues of 

which there have been three (3) held in the State of Florida; and 

Comment ID 0886.001.003 

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Author Name: Erickson C. 

Organization: Kesko Agronomics 

Please accept the following written comments on behalf of Kesko Agronomics. I have worked with the State of Florida 

Departments of Agriculture and Consumer Services and the Department of Environmental Protection on projects 

involving and investigating protection of surface and ground water since 1981 . During that time careful attention was 

made to the use of sound science in developing local standards and appropriate regulations that would protect the 

sensitive Florida environment. I am currently a small agricultural producer and also consult with growers, University and 

industry representatives on crop and non-crop product development and usage. 

Comment ID 0895.001.020 

Author Name: Commenter Anonymous 

Organization: 

ecosystems - ranging from the Everglades and tropical mangrove estuaries in the South to cold springs, sinkholes and 

forest streams in the North . 

Comment ID 0896-1.001.011 

Author Name: * * 

Organization: Lee County Division of Natural Resources 

Lee County appreciates the effort taken by the Department of Environmental Protection and the U.S. EPA to define 

numeric nutrient criteria in Florida. Lee County staff has taken considerable time reviewing the technical support 

document, comments submitted to EPA and summary conclusions to formulate comments and questions that will 

hopefully aid the State and Federal government in promulgating effective water quality standards. 

Comment ID 0896-2.001.005 

Author Name: * * 

Organization: Lee County Board of County Commissioners 

• The goal of healthier lakes, rivers, streams, estuaries and coastal water in Florida is a goal Lee County fully supports. 

This is why Lee County already passed and implemented a fertilizer ordinance. 

Comment ID 0899.001.001 

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Chapter 2 - Comment Documents Background 

Author Name: Bartz R. 

Organization: Manatee Chamber of Commerce 

The Manatee Chamber of Commerce through the concentrated efforts of our Water Alternatives Committee has 

reviewed EPA’s actions in regards to the numeric nutrient criteria issue in Florida’s waterways. Unfortunately, we were 

not able to attend the three public hearings around the state. If the Manatee Chamber would have been in attendance, 

there were several items to recommend. 

Comment ID 0912-1.001.001 

Author Name: Davis T. 

Organization: Eastern Associated Terminals Company LLC 

I am writing on behalf of Eastern Associated Terminals Company LLC ("Eastern") in response to the Proposed Water 

Quality Standards for the State of Florida's Lakes and Flowing Waters Published at 75 Federal Register 4, 174 (Jan. 10, 

2010). Eastern operates a fertilizer storage and loading facility on Tampa Bay. We are an active and longstanding 

member of the Tampa Bay Nitrogen Management Consortium ("NMC"). 

Comment ID 0917.001.001 

Author Name: Kirkland F. 

Organization: 

My question is would photos of my creek help at all in your investigation of Mosaics plans to mine in SFMM Hardee 

tract ? 

I am working hard to organize files and documentation but it is hard for me to get things as I would want but I am 

learning , the problem is I can't stand by while Mosaic and Florida keeps adding more land to their history and the 

magnified Impact that increases daily. 

These photos are a part of a series I started and I could find no person interested in the truth so I only done 2 or 3 

serious over a month or so but their is evidence plenty of Mosaics pour monitoring propaganda I guess they got wind of 

my Photos and have had numerous people out since then ,moved or added another antenna to this station and I can' 

see a thing else they have accomplished other than make a disturbance (I think My dogs don't even appreciate these 

Neighbors. 

back to photos you can see the monitor is not and is not normally in the creek flow so all they monitor most of the time 

is the sand and debris that piles up their. ( also the monitor was place there after they dewatered the upper portion of 

the creek and wet lands east of State rd 664 by digging directly north of the area (the west or head of the creek is east 

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of 664 and just south of Hardee? Polk county line and their were wet lands ditches that and creeks that were adjacent 

to County line on the north side the now mined out pits.( this is how the dewatered the creek at my house) then start 

monitoring the flow .LoL 

Well it is wet now and other than one after noon which we had wet enough conditions and the County, and state redone 

the bridge put embankments under the bridge that cut the water flow by at least a third by my estimate ( you can see 

embankment in one of these photos) 

but that flood was gone sooner than ever and the creek was back down to the bottom and I have not seen it even begin 

to get their again and water is standing all around the region now but our creek is still diminished I have a pond that 

stays wet when rain is happening as this season but even with my property in soggy condition the creek is pitiful 

compared to prey mosaic. 

Well I have maybe one more point or so 1 being that Mosaic is not monitoring the complete picture of the flow the 

reason for this is they will be dewatering the complete surrounding valley slopes with pits and berms blocking the flow 

off the creek after it passes the monitor the monitor would need be west of the bridge on Fussell Road their is 8 places 

that creates a larger amount of flow during and after rains and these 8 inflows will be completely or say very close to 

completely while mining goes on and and after mining the valley elevations will be diminished to eliminate the run off 

which hydrates the swamps , bay heads, creeks and wet lands 

I can photo these areas but If someone was hear for me to show them around the could get a better picture we called 

DEP and they claimed to send some one out that reported their was no problem and at that time there was not a drop of 

water crossing 664 where the creek used to flow. 

this is in the 25 year and 100 year flood plains and I have seen it full many times in year past when the Fussell rd would 

even wash out in after noon rains . 

But now even considering the county has done their best to flood us out by decreasing the bridge flow size and raising 

the road several time to the tune of feet not inches creating a dam with very limited water flow . ( before they kept 

raising the road the water flowed across the road for a few hundred yards as you see in flood plain maps ) the 6 of us 

on the east side of Fussell get flooded more if and the west side is less now. but that is mostly in the past now and will 

get lees as mosaic dewater the Hardee county side but the river will suffer even more of an impact. 

All I can say is if The CIS was updated from the 70s may be the morons who give, sale and rubber stamp mosaics 

permits< and to make thinks much worse allow Mosaic to go back and add the lands held out of original permits 

because they were supposedly protected and then add in more tracts to the same mine that they beat people out of 

after they ruin the property .( these varences and add owns go on constantly adding large amounts of land to be mined 

that are in the water act to be protected. 

The problem is greed and people like Richard Cantrell who stamps their approval stating in some instances that mining 

will improve the land where farmers had messed it up Bull the farmer will never deface 40 feet deep or more and they 

can improve their technech but Mosaic changes the complete region for ever. 

we would hope that whom ever done a CIS would not be tainted by ever being involved in any thing to do with mining 

as we find the agencies here are either involved in some manner with Mosaic or as is true of the consultants at CFRPC 

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and one of the local members I know works for REA our electric cop. and I have family that works their that has let it out 

that if he has any thing to do with anti Mosaic he would be Job less to bad it isn't me they make treats to like this I think I 

am going to tact fully target some of the board members about their roll in supporting Mosaic which I am sure pays 

smaller electrical cost per kilowatt because I researched it years ago and was told that Mosaic gets better rates than I 

did in My business because they are intertribal which is less true. they interrupt me any and all the time and I have 

worked in mining and they told me the reason they didn't shut down was it took to long to clear the lines etc. or every 

thing would be in need of major repair from clogging . 

also how dumb can REA be after they finish mining the need for residential and small business electricity will be gone 

and so will mines. 

Original comment letter contains additional information for streams in 6 photos (pages 3-8). See original comment letter. 

Comment ID 0920.001.003 

Author Name: Boler B. 

Organization: 

One of the projects I testified against in 2007, had no pre-development urban runoff (pollution loading) since it is an 

undeveloped site with 90% of the project area consisting of wetlands. I determined the plan to build 800 housing units 

and two golf courses on this site would generate several hundred pounds of total nitrogen. The proposal by the 

developer to use only wet ponds for treatment of this runoff would be very ineffective at providing the nitrogen removal 

necessary to protect the downstream receiving waters. The downstream receiving waters included the Cocohatchee 

River and Wiggens Pass Estuary-both Outstanding Florida Waters requiring the highest level of protection. The 

development would need to employ BMPs other than wet ponds, such as dry retention, where there would need to be a 

2-3 feet separation between the discharge area and the water table. This would be very expensive and difficult on a site 

that is predominately in wetlands, making the development difficult to permit, as it should be. 

Comment ID 0921.001.008 

Author Name: Coyle F. 

Organization: Board of Collier County Commissioners 

Please accept these comments as our official position on the EPA's proposed rule for water quality standards for the 

State of Florida's lakes and flowing waters. 

Comment ID 0922-1.001.003 

Author Name: Fred Lee G. 

Organization: G. Fred Lee & Associates 

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Chapter 2 - Comment Documents Background 

Our comments on specific items in the draft water quality standards document follows the brief summary of our five 

decades of professional experience in matters pertaining to the impacts of nutrients and nutrient control on 

eutrophication-related water quality, and nutrient criteria issues. Our comments on the proposed nutrient criteria focus 

on lakes and reservoirs and reflect our experience in investigating impact of nutrients on these types of waterbodies 

located in many areas of the world, including Florida. However, our experience and comments also have applicability to 

many of the issues faced in applying such criteria to other types of waterbodies that are proposed for regulation under 

this rule, including streams, springs, canals, and nearshore marine waters in Florida. 

Comment ID 0924.001.001 

Author Name: Collins C. 

Organization: 

Thank you for giving me the opportunity to give my input. I attended your meeting in central Florida about a month ago. 

My husband and I only heard of the meeting that afternoon and changed all our plans to be able to attend that evening. 

I was angered by the fact that I had no idea of this meeting until I heard it on the cable channel 13. Even then, instead 

of letting the public know how polluted our waters are in Florida, the news made comments that you all were here to 

raise our taxes. Boy!, are you guys fighting an uphill battle. 

Comment ID 0924.001.002 

Author Name: Collins C. 

Organization: 

I am asking all who are involved in the decision making process for the proposed nutrient rules EPA-hq-ow-2009-0596, 

to take careful consideration on how these rules will be enforced. My husband and I have owned 2 homes with acreage 

in central Florida, since 1981. Both homes were impacted by development of new homes. Not by a small amount of 

water, but deluged with water that the developers just blocked and or turned away from their property, so I would 

assume they could save money. 

After attending the EPA meeting held in central Florida in February 2010. I realized that certain rules are placed on 

water quality leaving these developments. One way to avoid these rules that cost the developer money is to just get rid 

of the problem by diverting the water away. 

Without going into the details of our experiences with the state and local government. I will say that it is my feeling, that 

when there are violations with the local building industry, the " little guy" and water quality are the last concern. Twice in 

the last 20 years we have lost the enjoyment of our properties. When we have spoken out at government meetings or 

just publicly we have been mercilessly harassed. Hang up phone calls, up to 20 a day, our animals being killed, ditches 

being dug to our property lines and on our property, and people shooting guns towards our house, to mention a few! 

The modus operandi in both situations are so similar, that I am convinced that there is a general operating procedure 

11/19/2010 02:48 PM EST 2-1193
 
Chapter 2 - Comment Documents Background 

put into action when someone begins to make trouble. In both cases that we have been and are now involved with, we
 

have caught government agencies lying and appearing to be in collusion with the developments. We have the evidence
 

to prove it, also.
 

When you complain to the local water agencies, their answer is to either dike or dig ditches. Mike Wiley of EPA
 

witnessed this in the 1990's in out first situation. Thus, water quality goes out the window.
 

We have lived in two counties and two different rivers, in central Florida, and our houses laid between the
 

developments and these rivers. Our houses have always been built on ridges, so it takes a significant amount of water
 

to stage up before it can breach the ridge. I have witnessed un-permitted pipes put under houses joining wetlands that
 

did not recently have above ground hydrological connections. I have also seen the county I am living in now, covering
 

and hiding pipes. This county has just recently reset pipes a foot higher in the ground through a ditch taking water to the
 

river from our property without permits. This will impact our property.
 

This county had a land locked lake that was dangerously close to flooding out homes during the 2004 hurricanes. Our
 

property has become their solution and a developer is helping the county move the water our way. Several violations
 

have been filed by the water agencies, but none have been enforced. Meanwhile this developer has been given many
 

special exceptions to his project. Including, selling property to the middle of a paved county maintained road.
 

Even though the county seems to be holding some water back by diking my wetland, it does not compare to the amount
 

of water that was held back in the lake they are diverting to our property, in order to solve their problem. Plus, my
 

wetland is always at flood stage now, and when it rains heavily, it is flooding my pasture and leaving the wetland at
 

such a rate of speed, that the turbidity rate is as it would be at flood level all the time.
 

In our experiences, my husband (who has a civil- environmental degree and now works in simulation),and I, are
 

convinced that the water quality has been greatly effected by the many violations of the building industry and the local
 

governments covering up of their violations.
 

Before applying more rules on water quality, I feel that a second look at how development and water management of
 

the building industry is monitored.
 

Some solutions we would ask you to consider is:
 

1. SURPRISE AUDITS OF PERMITS OF THE WATER MANAGEMENT AGENCIES AND LOCAL COUNTY 

DEVELOPMENTS (INCLUDING UNRECORDED SUBDIVISIONS), AND 

2. WATER QUALITY TEST SHOULD BE DONE ON ALL WETLANDS THAT CONNECT TO RIVERS AND ALSO 

"WATER OF THE STATES". IF A SIGNIFICANT AMOUNT OF POLLUTION IS FOUND IN WETLANDS, THE SOURCE 

SHOULD BE IDENTIFIED. 

What we have experienced in our problems and by talking to others, is that every business and every small 

businessman cannot fight the local governments and can be greatly hurt by not co-operating with local government. 

Once, we ordered dirt from a local contractor and after delivering 2 loads out of the 3 loads, we were informed that "he 

was not allowed to bring us any more dirt". 

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Trying to find lawyers or engineering firms that will fight this injustice is nearly impossible, because they are also 

involved with the permitting process for developers and may not want to go against local permitting agencies, for fear of 

finding it harder to get permits for another client's project. More money comes from developers than the clients who are 

being flooded. The expense is great, and trying to prove this type of crime is after the fact, and is as hard as trying to 

find a 

murderer, considering that the very agencies that do the permitting, are also the agencies that have the information. 

The fox is guarding the hen house. 

This has greatly affected my life. Very few vacations have been taken due to past experiences, that when we leave our 

house empty, incidents happen. All of this, has lost my faith in people and has made me angry and distrustful, 

especially of my government. Over 20 years of my life has been enmeshed in this mess and it is not right. 

Engineers that work for local government can be too easily influenced and can be in pivotal positions in a county 

government decision process. What has happened to us and others is no different from a doctor taking out a kidney 

while doing surgery on your gall bladder. You may never know what happened to you unless the other kidney fails. 

Then it is life threatening. 

We have to rely on their expertise, but engineers rely greatly on numbers and numbers can give a false answers. They 

take an oath to become a certified engineer, I feel they should be monitored with greater care. There should be a 

national board that I could file a complaint with when I question their motives. 

I have spoken to many politicians. They claim counties scream home rule. At no time do I feel that a citizen's rights 

should be circumvented by a government's bullying. If we had always followed that policy, we would still have slavery. 

Comment ID 0934.001.005 

Author Name: Louda J. 

Organization: 

DISCLAIMER: Though I teach and perform research in Environmental Chemistry at Florida Atlantic University (Boca 

Raton, FL.), the following comments are to be taken as personal and not representation an official position of the 

University. 

Comment ID 0936.001.001 

Author Name: Golding S. 

Organization: Beaches Watch, Inc. 

Beaches Watch, Inc. is a non-partisan concerned citizens group established in 2004 whose mission is to preserve the 

quality of life in the three Jacksonville Beaches communities of Jacksonville Beach, Neptune Beach and Atlantic Beach 

in northeast Florida. Water quality is a very important factor in our quality of life at the beach. 

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Chapter 2 - Comment Documents Background 

We, therefore, offer the following comments in support of the EPA's efforts to establish numeric nutrient standards for 

Florida's waterways: 

Comment ID 0937.001.003 

Author Name: Garrity R. 

Organization: Hillsborough County Environmental Protection Commission 

As requested by the EPA in the proposed water quality standards for the State of Florida's lakes and flowing waters 

(Docket: EPA-HQ-OW-2009-0596), the Environmental Protection Commission (EPC) of Hillsborough County is 

providing feedback on appropriate nutrient loads that should be used as the numeric nutrient criteria for the Tampa Bay 

estuary. 

The Environmental Protection Commission (EPC) of Hillsborough County was created in 1967 by special act of the 

Florida Legislature to control and regulate activities which are or may reasonably be expected to cause pollution or 

contamination of air, water, soil and property, or cause excessive and unnecessary noise in Hillsborough County. 

Accordingly, the EPC has,been actively engaged in efforts to mitigate excessive nutrient pollution in the surface waters 

of Hillsborough County including Tampa Bay. The EPC maintains a robust environmental monitoring program that 

includes both comprehensive water quality and biological monitoring. Our water quality monitoring program was 

initiated in 1974 and conducts monthly sampling at more than 100 locations throughout Hillsborough County and 

Tampa Bay for a broad array of water quality parameters including chlorophyll a and a full suite of nitrogen and 

phosphorus species. This long term data record has proven to be an invaluable management tool - from the stand point 

of identifying "hot spots and remediation needs to verify the effectiveness of management activities, i.e . advanced 

waste treatment at all domestic waste water facilities that discharge to surface waters - in our local community's efforts 

to protect our environmental resources. The data record clearly demonstrates a substantial reduction in the stressorresponse relationship between phytoplankton and the reduced nutrient loading that has taken place in the past twentyfive years in the Tampa Bay watershed. 

The EPC is also a full and active partner to the Tampa Bay Estuary Program (TBEP) and the Tampa Bay Nitrogen 

Management Consortium (NMC). The partners of these groups have worked collaboratively to develop a 

comprehensive nutrient management plan. The Tampa Bay Nitrogen Management Consortium's adopted nutrient 

management strategy is incorporated in the Tampa Bay Reasonable Assurance Plan (the document has already been 

submitted to this docket). 

Comment ID 0942.001.008 

Author Name: Reed K. 

Organization: 

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Chapter 2 - Comment Documents Background 

LET ME INTRODUCE MYSELF 

My name is Kathleen Reed, and I live beside Garnier's Bayou, in Shalimar, Florida (which is in Choctawhatchee Bay's 

watershed). I have an A.A. in Biology and a B.S. in Animal Science; I raise guppies at home; I tinker with biospheres; 

and I try to help our environment, wherever I can, including water testing and collecting water samples and dead (or 

nearly-dead) fish to send to the lab, when we have a fish kill. 

Comment ID 0942.001.014 

Author Name: Reed K. 

Organization: 

I have lived beside Garnier's Bayou for most of my life, and I can tell you that, with the additions and increase of two 

sewage treatment plants in our bayou's watershed, in recent years, I have seen a lot of signs that our bayou is sick, with 

fish kill after fish kill and the water drastically turning colors, from clear, to black, to red, to green (see background 

image, from our bayou, of green water with oil floating on top). One time, it was even the color of antifreeze! Because I 

have lived here for most of my 47 years, I can tell you that the water of our bayou and creeks is not naturally green. The 

natural color of water in our bayous and creeks is similar to the color of iced tea. When our water turns green, what is 

making it turn green is excess algae that is being fed by pollution from sewage, pet waste and fertilizer. 

Comment ID 0942.001.015 

Author Name: Reed K. 

Organization: 

To put it in plain English: "Current strategies of self-policing and looking the other way, by DEP are not working. We 

need a Department of Environmental PROTECTION-not a Department of Environmental Suggestions!" 

Comment ID 0945.001.005 

Author Name: Fields B. 

Organization: City of Winter Springs 

Thank you for consideration of our concerns. If there are any questions, please contact me by phone at 407-327-7597 

or by e-mail at bfields@winterspringsfl .org. 

Comment ID 0947.001.014 

Author Name: Alexander J. 

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Chapter 2 - Comment Documents Background 

Organization: Alico, Inc. 

Good afternoon. Thank you for allowing me to give you my views and concerns regarding the Proposed Numeric 

Nutrient Criteria for Florida Streams and Rivers. 

I am John R Alexander and my home is at 327 Sunset Road, Frostproof, FL 33843. I am a native Floridian having spent 

48 years working in the field of agriculture in Florida and I am presently serving as the Chairman of the Board of 

Directors of Alico, Inc., a public company traded on NASDAQ under the symbol ALCO. 

The Headquarters of Alico, Inc. is located at 640 S. Main Street, LaBelle, FL 33935. Alico is the owner and operator of 

approximately 136,000 acres of land in five counties in Central and South Florida: Collier, Glades, Hendry, Lee and 

Polk. We are a diversified land management company growing food and agriculture commodities including cattle, citrus, 

sugar cane, sweet corn and green beans, sod and turf grass, cabbage palms and oak trees. We have been managing 

this land for over 100 years and are recognized as good stewards of the land and water. WATER is the single most 

important factor that we manage in producing these crops-we at Alico are vitally interested in the QUALITY of the water 

we use and even reuse, as well as the COST of this water. The water COST and QUALITY are directly related to the 

REGULATIONS that we have to work under EVERY DAY. 

Comment ID 0948.001.002 

Author Name: Poister P. 

Organization: Agrium U.S., Inc. 

Thank you for the opportunity to address proposed changes in water quality standards in the State of Florida. As a 

leading producer, wholesaler and retailer of crop nutrients, Agrium agrees that the protection of our water resources 

should be one of highest priorities. From that perspective, we would like to offer our comments on the measure before 

you today. 

Nutrients play a critical role in the economic, social and environmental sustainability of societies around the world. Crop 

nutrients support the production of affordable and nutritious food, they replenish our soils and provide valuable income 

for growers by improving crop yields . This benefits everyone from the grower to the communities that depend on them. 

The same holds true for nutrients applied to turf, horticulture and the backyard vegetable patch. Thriving green space, 

healthy lawns and productive gardens - when properly managed - yield economic, social and environmental benefits. 

The list of environmental benefits is extensive and includes : carbon sequestration, improved air quality / reduced 

pollutants, and temperature moderation. Healthy turfgrass is among the best filters to reduce soil erosion and prevent 

nutrient runoff and leaching losses. 

Compared to just a few short years ago, today we have a far better understanding of the environmental impacts of 

fertilizers and plant nutrients, particularly their impact on water quality. Through research and best management 

practices adoption the industry has improved nutrient uptake and reduced losses . With additional work in this area and 

the implementation of stewardship programs economic and environmental performance can be improved further. 

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Chapter 2 - Comment Documents Background 

Comment ID 0950.001.007 

Author Name: Glicksberg D.
 

Organization: Hillsborough County Public Works Department
 

Thank you for the opportunity to provide our comments to you today, and for your earnest consideration of our concerns 

with the proposed rule. 

Comment ID 0951.001.009 

Author Name: Berry A.
 

Organization: Hillsborough County Water Resource Services
 

Thank you for the opportunity to provide our comments to you today, and for your earnest consideration of our concerns 

with the proposed rule. 

Comment ID 0951.001.010 

Author Name: Berry A.
 

Organization: Hillsborough County Water Resource Services
 

I am Andy Berry with Hillsborough County Water Resource Services. My comments are basically the same as what you 

have just (already) heard from Hillsborough County. So, I will not repeat them at this time, but will provide a written copy 

of them to you. 

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Comment ID 0954.001.004 

Author Name: Crenshaw A. 

Organization: United States House of Representatives 

The most cost effective way to reduce pollution is to phase out wastewater discharges. I understand this and that is why 

I have been fighting in Washington to ensure our local communities have access to Federal EPA grants that match local 

contributions to build state of the art and higher capacity wastewater treatment systems. Throughout my service in 

government, I have tried to maintain a balanced approach to all issues including those regarding our environment. I 

believe that we must be good stewards of our natural resources and pass along a healthy environment for our children 

and grandchildren. 

Comment ID 0955.001.001 

Author Name: Putnam A. 

Organization: United States House of Representatives 

Floridians understand that water quality will determine the future of our state. People from all over the world come to 

Florida to dive off our coasts, fish in our rivers, and swim in our lakes. In addition to the natural attractions, Florida's 

water and weather allow us to be our nation's main domestic supplier of fruits and vegetables during the winter months. 

And simply put, there is no other place on Earth like the Everglades and Lake Okeechobee. 

For these reasons, Florida has done more than any other state to study nutrient pollution and control - spending more 

than $20 million to collect data. 

Comment ID 0955.001.006 

Author Name: Putnam A. 

Organization: United States House of Representatives 

Thank you for the opportunity to share my views on this important matter. 

Comment ID 0956.001.005 

Author Name: White C. 

Organization: Washington County Cattlemen's Association 

I think it is very important that you understand agricultural producers, including cattlemen, do everything reasonably 

possible to keep our waters clean and plentiful. After all, our land is where our homes are, where we raise our families, 

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Chapter 2 - Comment Documents Background 

and make our living. 

We take protective measures to keep our waters from being contaminated by excessive nitrogen and phosphorus runoff 

from our farms and ranches. For example, I have enrolled in and implemented agricultural Best Management Practices 

(BMP) for my ranch located in Washington County, Florida. This is a program administered by Florida's Department of 

Agriculture and Consumer Services to insure agricultural producers meet water quality standards. Currently, there is 

about 2.1 million acres of agriculture enrolled in the BMP program. In addition to the BMPs, I have enrolled in various 

soil and water conservation programs administered by United States Department of Agriculture's (USDA), Natural 

Resources Conservation Service commonly referenced as NRCS. The NRCS provides technical and financial 

assistance to land owners and managers. One of the NRCS programs deals directly with clean water and soil 

conservation. This program is designed to ensure that the quality of surface waters and ground water is improved and 

maintained to protect human health, support a healthy environment and encourage a productive landscape and that 

water is conserved and protected to ensure an abundant and reliable supply for the nation. 

Comment ID 0956.001.007 

Author Name: White C. 

Organization: Washington County Cattlemen's Association 

The important point I want to make is that we in agriculture make our living off the land. As agricultural producers, we 

are rewarded for our stewardship efforts . I strongly believe the environmental programs administered by the USDA and 

Florida's Department of Agriculture help guarantee Floridia.ns have a healthy and productive agricultural sector and a 

high quality environment. 

Comment ID 0956.001.009 

Author Name: White C. 

Organization: Washington County Cattlemen's Association 

My name is Clifford W. White. I am Vice-President of Florida's Washington County Cattlemen's Association. We are an 

Affiliate of The Florida Cattlemen's Association consisting of about 4,000 members statewide. 

Comment ID 0956.001.011 

Author Name: White C. 

Organization: Washington County Cattlemen's Association 

Thank you for allowing me to speak. 

11/19/2010 02:48 PM EST 2-1201
 
Chapter 2 - Comment Documents Background 

Comment ID 0957.001.005 

Author Name: Jackson J. 

Organization: Florida Golf Course Superintendents Association 

I spent 3 years with others working with FL DEP, FL Dept of Ag, U of FL Scientists, Water Management District 

regulators, County regulators, members of industry, environmental representatives to craft Best Management Practices 

for Golf Courses. We have made improvements and that trend continues as all the other Ag commodity BMPs enacted 

over the past years. 

Comment ID 0960.001.002 

Author Name: Knott A. 

Organization: 

I attended the hearing in Ft Myers yesterday, but was unable to wait to make my comments due to the time constraints 

based on the number of citizens who wanted to speak. 

Several individuals from the agricultural community opposed the standards, as did a representative from the Chamber 

of Commerce. 

The Chamber of Commerce representative stated they supported numeric standards, but that the science was not 

clear. They wanted an indefinite delay until the science would be more perfect. 

Comment ID 0964.001.001 

Author Name: Price J. 

Organization: Rayonier 

Thank you for the opportunity to comment on these rules. My name is Janet Price and I'm here representing Rayonier, 

a publicly-traded international forest products company. Rayonier operates four businesses - Timber, Real Estate, 

Performance Fibers, and Lumber. On an annual basis Rayonier contributes over $100,000,000 to the state's economy 

in the form of property taxes, payments to Florida vendors and payroll. We are the fourth largest land owner in Florida 

with over 435,000 acres of timberlands. 

Comment ID 0965.001.002 

Author Name: Medintz M. 

Organization: 

11/19/2010 02:48 PM EST 2-1202
 
Chapter 2 - Comment Documents Background 

Before retirement to Florida in 2004 we lived and worked in Illinois. Both of us at one time were lawyers with Illinois 

EPA. Marv concluded his career as a teacher. After leaving Illinois EPA, Percy practiced environmental law with a large 

national law firm in Chicago where she primarily represented the regulated community. Since moving to Florida we 

have been involved with local conservation and land use issues. We live in Placida, in Charlotte County, on Lemon Bay. 

Comment ID 0965.001.003 

Author Name: Medintz M. 

Organization: 

A local land trust conservation organization with which we work attempts to save natural lands by buying and preserving 

them. We have recent experience with a proposed preservation property on which a number of the small lakes are 

covered with duckweed and algae from contaminated runoff. Restoring that property will involve extra expense to the 

public because of the need to address that problem. 

Comment ID 0969.001.004 

Author Name: Schofield J. 

Organization: 

Peril Level: Elevated Only about 25 percent of the original Everglades exist today and are now protected as a national 

park. What's left of the waters are home to a fascinating array of species, from alligators to manatees to glossy ibises to 

the few remaining Florida panthers. The human threats to the park includes over development, which crowds wildlife 

and intrudes on the panther's habitat. Nearby farmers also seek to divert fresh water for their own use. 

Comment ID 0971-1.001.001 

Author Name: Call C. 

Organization: Pine Island Consulting, Inc. 

Time to End the Slime 

My name is Carie Call and I am a native Floridian, having lived, gone to school and worked here for more than 40 

years. I grew up fishing and canoeing, bird watching and hiking along many of Florida's native waterways and 

shorelines. I now live on Pine Island, bounded on all sides by the waters of Charlotte Harbor and Pine Island Sound. I 

am an environmental planner and journalist by trade, and I own a green business on Pine Island. I registered to speak 

at the Fort Myers meeting, and waited for four hours, but was not called in that time. Instead, I elected to write my 

comments and send them in. 

11/19/2010 02:48 PM EST 2-1203
 
Chapter 2 - Comment Documents Background 

Comment ID 0971-1.001.004 

Author Name: Call C. 

Organization: Pine Island Consulting, Inc. 

Charlotte Harbor is a special place, physically unique and environmentally important. It is fed by three rivers, the 

Myakka, the Peace and the Caloosahatchee. These waters provide nurseries for fish, shellfish and birds, and even 

endangered species such as sea turtles and manatees. The seagrasses and mangroves protect and provide habitat for 

these species. Each river system also adds its own pollution issues to the Charlotte Harbor/Pine Island Sound region; 

all bring their pollution into our harbor. Historically, Pine Island is a unique place in Florida's history. We have a rich 

history of commercial fishing for stone crab and mullet, shrimp and scallops, oysters and clams. Our sport fisheries are 

legend worldwide, with visitors coming to fish our waters for snook and tarpon, shark and grouper. 

Comment ID 0971.001.001 

Author Name: Call C. 

Organization: Pine Island Consulting, Inc. 

My name is Carie Call and I am a native Floridian, having lived, gone to school and worked here for more than 40 

years. I grew up fishing and canoeing, bird watching and hiking along many of Florida's native waterways and 

shorelines. I now live on Pine Island, bounded on all sides by the waters of Charlotte Harbor and Pine Island Sound. I 

am an environmental planner and journalist by trade, and I own a green business on Pine Island. I registered to speak 

at the Fort Myers meeting, and waited for four hours, but was not called in that time. Instead, I elected to write my 

comments and send them in. 

Comment ID 0971.001.003 

Author Name: Call C. 

Organization: Pine Island Consulting, Inc. 

Charlotte Harbor is a special place, physically unique and environmentally important. It is fed by three rivers, the 

Myakka, the Peace and the Caloosahatchee. These waters provide nurseries for fish, shellfish and birds, and even 

endangered species such as sea turtles and manatees. The seagrasses and mangroves protect and provide habitat for 

these species. Each river system also adds its own pollution issues to the Charlotte Harbor/Pine Island Sound region; 

all bring their pollution into our harbor. Historically, Pine Island is a unique place in Florida's history. We have a rich 

history of commercial fishing for stone crab and mullet, shrimp and scallops, oysters and clams. Our sport fisheries are 

legend worldwide, with visitors coming to fish our waters for snook and tarpon, shark and grouper. 

Comment ID 0972-1.001.001 

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Chapter 2 - Comment Documents Background 

Author Name: Muench G. 

Organization: Florida's Blue Crab Advisory Board 

My name is Gus Muench and live at 3031 Manatee Ave, Ruskin FL. Born in Tampa, and been a commercial blue 

crabber for 35 years on the Little Manatee River. baychopgus@tampabay.rr.com I sit on Agency on Bay Management 

for Tampa bay representing commercial fishing and sit on Florida's Blue Crab Advisory Board. 

Comment ID 0972-1.001.003 

Author Name: Muench G. 

Organization: Florida's Blue Crab Advisory Board 

The Mississippi and Gulf of Mexico dead zone is a classic example of nutrients being ejection from uplands, plus look at 

the damage we caused Lake Okeechobee with stream straitening. 

Comment ID 0972-1.001.006 

Author Name: Muench G. 

Organization: Florida's Blue Crab Advisory Board 

Until we take a giant, giant leap towards retrofitting storm water systems of both urban and agriculture lands to large, 

not small wetlands, and not box culverts; plus change education concerning the important benefits of nutrients on 

uplands, Florida's water quality of its lakes and flowing waters will not, and I repeat will not get better. I laugh at the folly 

cities placing box colverts to catch debris in storm water, because it's what's in the liguids, not the solids that turns 

water green. Explaining harmful effects of nutrients in water bodies may stimulate people to protest, but does not 

educate or stimulate people to protest for the benefits of nutrients on upland flora and fauna. 

Comment ID 0972.001.001 

Author Name: Muench G. 

Organization: Florida's Blue Crab Advisory Board 

I've signed up to speak April 14, 2010 in Tampa at Hilton Tampa Airport at 12 noon. If I don't get a chance to speak due 

to number of speakers, then note attachment as my comments. 

Comment ID 0975.001.001 

Author Name: Wanio R. 

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Chapter 2 - Comment Documents Background 

Organization: Tampa Port Authority 

The Tampa Port Authority (hereafter referred to as the "Port") is Florida's largest and most diversified seaport and is the 

15th largest in the United States. Major cargoes include dry and liquid bulk products, container cargoes, automobiles 

and heavy equipment, ship, building and repair, and building/construction materials. The Port is also a major home port 

to major cruise lines handling approximately 803,000 passengers in 2009. In addition, the Port activity generates almost 

$8 billion for the Tampa Bay's economy and supports nearly 100,000 jobs throughout the area. 

Comment ID 0978-1.001.001 

Author Name: Saadeh M. 

Organization: Vineyards Community Association 

We have received your letter from Collier County Florida Public Utilities Division regarding your new proposed rule 

above (CWA) 303(c). 

We are a golf and country club community that has been in existence in Collier County since 1986. We have several 

manmade lakes/ponds on the property incorporated with the two golf courses and about a 3,000 home community. 

From inception in 1986, we were one of the pioneering communities in Collier County that invested heavily in dual water 

systems. One is for potable drinking water and the other is for lawn irrigation. The main sources for the non-potable 

irrigation water are well water, which is very strictly regulated, rain fall and reclaimed water from Collier County Public 

Utilities Division. 

Over the years, our allocation for reclaimed water from the County has been increasing due to the fact that there are 

almost 3,000 total homes in our community along with the two golf courses. Also, well water is very strictly regulated 

and the permitted uses are not near enough to satisfy the demand. Historically, the weather pattern is tropical with a lot 

of rain in late June through October-November. Then dry weather and hardly any rain in the winter months from 

December through May. 

Comment ID 0979-1.001.002 

Author Name: Campbell R. 

Organization: Sanibel Island Fishing Club 

I visited to China two years ago and cruised big lakes and rivers of the country. It scared the "bejeebers" out of me. 

They have been using their water as a sewer for years. It was awful! It was not a pretty sight. 

Comment ID 0979.001.001 

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Chapter 2 - Comment Documents Background 

Author Name: Campbell R. 

Organization: Sanibel Island Fishing Club 

Attached are comments I presented at the EPA public hearing on April 13, 2010 in Fort Myers, FL. 

Comment ID 0981-1.001.001 

Author Name: Melchiori R. 

Organization: Becker Holding Corporation 

With a history of family commitment seeded in the philosophy of excellence, The Becker Companies began near 

Orlando, in 1952, when Richard Becker bought his first 180-acre grove. Here, the first step was taken toward building a 

family enterprise that would one day become a leader in Florida's citrus industry. Becker has now become a company 

identified by quality of its products and the scope of its operation. Since that first grove was picked and processed over 

50 years ago, three generations of Becker family members have dedicated themselves to the success of the company. 

After Richard Becker's passing in 2005, his grandsons carry on his legacy as they oversee the day-to-day operations of 

the firm. From its beginning and continued success in the citrus industry, the Becker Companies have diversified their 

agricultural holdings to meet changing markets and demands. Becker Groves farms over 10,000 acres in the Indian 

River District, a region that is world renowned for its quality grapefruit. With grove locations in Indian River, St. Lucie 

and Martin Counties, Becker Groves produces over 2.5 million boxes of premium quality citrus and specialty fruit each 

year. Becker Tree Farm & Nursery, located in Hobe Sound, is a state-of-the-art operation. Becker produces over 40 

different species of trees, palms and shrubs on this 800 acre farm. All of our trees and plants are Florida #1 quality as 

defined in FNGLA's Grades and Standards. Throughout their history, the Becker Companies have been committed to 

doing their part to protect and enhance Florida's waters. We have long known that water is a fundamental element to 

agriculture and life as a whole. It is the life blood of aquatic life, long term ecosystem health, human health, and 

agricultural viability. 

Comment ID 0988.001.001 

Author Name: Giraud J. 

Organization: HeSaKe Environments, Inc. 

What Is Terra Preta de Índios? and Biochar Mixed With EM•1®? 

When looking for the source of the problem concerning Nitrates and Phosphates in the water, the two main causes are 

found to be the use of fertilizers and the effects of putrefying our husbandry wastes. 

Farmers have always been weary of the investment (financial and labor) pitfalls of going "Organic" where production 

levels are hard to beat "Fertilized" soils... Now with the recent realization that microbes and their byproducts play a 

major role in the ecology of good soils. Firstly with the realization of EM Technology® and now the realization of Biochar 

11/19/2010 02:48 PM EST 2-1207
 
Chapter 2 - Comment Documents Background 

technologies we are realizing that we do have all the necessary tools to overcome this problem we are causing to 

nature 

EM•1® is a liquid bacterial product made of three groups of bacteria: Yeast, Photosythetic Bacteria, and Lactic Acid 

Bacteria. EM•1® works together with beneficial microbes in the area to which it is added, creating a synergy among 

beneficial microorganisms and larger forms of life. 

Comment ID 0994.001.001 

Author Name: Ryan J. 

Organization: 

I submitted a request to Ms Salvaterra. She recommended I ‘formally' submit the request to the ‘docket' I am doing so 

by this email. I hope my comment/inquiry is acceptable to the procedures and rules you have. Here it is, below. I am an 

individual resident and a board member of a local incorporated association having responsibility for the care and 

maintenance of our retention ponds. The association is Peppertree Pointe Environmental Quality and Roadway 

Maintenance Assn, Inc. I am the Chairman of the Lake Committee. 

Comment ID 0995.001.001 

Author Name: Hilliard M. 

Organization: National Garden Clubs, Inc. 

Although I have no scientific credentials, I have a lengthy volunteer and personal commitment to protect the water 

quality standards of Florida's and the nation's water bodies. I serve the National Garden Clubs (NGC) as the 

Government Action Education Team's Chair (GAE); Legislative Chairman, Deep South Region (DS); Government ­

Agency Liaison for the Florida Federation of Garden Clubs, Inc. (FFGC) since retiring as president in 1997. I am a NGC 

Master Environmental Consultant and on the Board of the Clean Water Network in Washington. 

In October 2008, Two Hundred and Thirty One (231) NGC Board Members representing every state adopted the 

following Water Conservation Platform: 

"National Garden Clubs, Inc. believes it is imperative that we support and undertake proactive initiatives for the 

protection, conservation and restoration of the quality of the Nation's coastal waters, wetlands, aquifers, watersheds, 

lakes, rivers and streams, through educational programs, conservation efforts, increased advocacy and partnerships 

with related government agencies, and state and national grassroots water coalitions." The NGC Water Platform was 

adopted by the Florida Federation of Garden Clubs the following January (January 2009) in Winter Park, FL. 

My personal concern about water quality and phosphorus pollution began around 1950 when, as a young mother, living 

in Suffolk County,Long Island, on wash days we began to see soap suds boiling up out of the sandy soil septic fields. 

The cause? -- soap detergents containing Phosphates -- which in relatively short order were banned from sale but only 

11/19/2010 02:48 PM EST 2-1208
 
Chapter 2 - Comment Documents Background 

in Suffolk County. 

I also remember the demise of the famous, sought after plump and delicious Long 

Island Blue Point Oyster. Signs were posted that it was unlawful to harvest from the oyster beds. Dangerous nutrient 

pollution caused by shoreline pipes discharging commercial wastewaters, fertilizers and other non-point sources were 

cited as the cause. Many restaurants and Great South Bay boatmen suffered economically -- a tragedy which could 

have had a happier ending had the problem been addressed earlier. 

Comment ID 0995.001.004 

Author Name: Hilliard M. 

Organization: National Garden Clubs, Inc. 

In my childhood and continuing years when our family relocated to Florida in 1972, I could have been described as an 

all-around, in the water, by the water, boat the water, fish the water and swim the water person. Back then, we ate the 

crabs, the shrimp and the fish we caught in NE Florida wetland canals, Drs. Inlet and the St. Johns River. 

Unfortunately, nothing anyone of us is currently doing on a voluntary basis is enough to correct the increasing water 

nutrient pollution concerns we face today. Stated in a letter from Benjamin H. Grumbles, Assistant Administrator, EPA 

to Michael Sole, Secretary, Florida Department of Environmental Protection (Jan. 14, 2009) "More than 60% of Florida's 

823 waters listed as impaired are classified as impaired for nutrients." 

Comment ID 0997.001.001 

Author Name: Poulson T. 

Organization: University of Illinois 

Attached are my comments for the written record "Supporting EPA's proposed Numeric Standards of P and N fertilizer 

in Florida waters". 

I will also try to cut and paste the comments into this e-mail. 

Dr. Thomas L. Poulson 

Emeritus Professor, Ecology & Evolution Section 

Department of Biological Sciences, U. Illinois - Chicago 

318 Marlberry Circle, Jupiter, FL 33458-2850 

561-630-3643 H, 561-222-9216 C, tomandliz@bellsouth.net 

SUPPORT FOR EPA1S PROPOSED NUMERIC STANDARDS FOR P AND N FERTILIZER IN 

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Chapter 2 - Comment Documents Background 

FLORIDA WATERS 

I am Dr. Thomas L. Poulson. I write as a Florida citizen and Emeritus Professor in the Ecology and Evolution section of 

the Department of Biological Sciences, University of Illinois at Chicago. Part of my research expertise is on Indices of 

Biological Integrity (IBIs) of surface, aquifer, and cave waters. 

Comment ID 1003.001.002 

Author Name: Medintz M. 

Organization: 

Before retirement to Florida in 2004 we lived and worked in Illinois. Both of us at one time were lawyers with Illinois 

EPA. Marv concluded his career as a teacher. After leaving Illinois EPA, Percy practiced environmental law with a large 

national law firm in Chicago where she primarily represented the regulated community. 

Since moving to Florida we have been involved with local conservation and land use issues. We live in Placida, in 

Charlotte County, on Lemon Bay. Since moving to Florida we have experienced several occasions of red tide, one of 

which was extremely serious, resulting in extensive fish kills next to our property, offensive odors, and difficulty 

breathing without coughing and pain in the chest. Percy's father lived farther north on the gulf in Sarasota County and 

was affected so seriously that he could not leave his home during red tide events. The area lived in fear that red tide 

would have an effect on tourism, to the point that local businesses talked about the need to downplay the problem for 

fear of frightening off tourists. As an economic matter our area is totally dependent on tourism and the visits of retirees. 

Unfortunately tourism has recently been down because of the recession and colder weather. Restaurants and 

businesses have closed and many people have simply left the area, frequently abandoning their homes. Simply said, 

the recovery of the economy in Florida depends on an attractive natural environment. 

A local land trust conservation organization with which we work attempts to save natural lands by buying and preserving 

them. We have recent experience with a proposed preservation property on which a number of the small lakes are 

covered with duckweed and algae from contaminated runoff. Restoring that property will involve extra expense to the 

public because of the need to address that problem. 

Comment ID 1005.001.001 

Author Name: Heatherington K. 

Organization: Southwest Florida Regional Planning Council 

Thank you for the opportunity to provide comments regarding the Proposed Water Quality Standards for the State of 

Florida's Lakes and Flowing Waters (Docket ID No . EPA-HW-OW- 2009-0596). 

This letter contains the official comments of the Southwest Florida Regional Planning Council (SWFRPC). 

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Chapter 2 - Comment Documents Background 

The SWFRPC and SWFRPC staff and partners reviewed EPAs Proposed Water Quality Standards for the State of 

Florida's Lakes and Flowing Waters and reviewed the materials presented at and generated from the February 17, 2010 

public workshop in Orlando. In addition, the Southwest Florida Regional Watershed Implementation Committee 

(SWFRWIC) met on March 4, 2010 and April 1, 2010 to discuss the proposed Numeric Nutrient Criteria for freshwaters 

and estuaries with the Southwest Florida region. 

Comment ID 1009.001.016 

Author Name: * * 

Organization: Clay County Board of County Commissioners 

We look forward to receiving the EPA response to our comments and appreciate the opportunity to actively participate 

in the appropriate NNC development. 

Comment ID 1010.001.001 

Author Name: Nelson B. 

Organization: City of Bonita Springs 

Please accept the enclosed comments attached to this letter. The City of Bonita Springs, Florida, is a small city (under 

50,000) located in the Southwest area of Florida. The proposed rule affects Bonita Springs, with the Imperial River and 

multiple creeks going downstream to estuarine and coastal waters, also located in Bonita Springs. 

Review and consideration of the enclosed memorandum providing comments on the proposed draft is appreciated. 

Comment ID 1010.001.003 

Author Name: Nelson B. 

Organization: City of Bonita Springs 

Local Regulations Affecting the Proposed Rule 

Why flowing waters downstream have lower levels of phosphorus and nitrogen is due to how the water travels to the 

headwaters and environmental physical factors. Lower levels of phosphorus and nitrogen may also be a result of 

several improvements by the City of Bonita Springs. These are discussed in its NPDES MS4 co-applicant permit with 

Lee County annual reporting. They include the following: 

1 . City Council in its Comprehensive Plan adopted best management practices (Ord . No. 07-04) to improve the 

freshwater quality of the Imperial River for both dissolved oxygen and total phosphorus and total nitrogen . The intent 

was to create its own nutrient discharge limitation program, with a numerical standard for nutrients and pollutants of 

concern for new developments, through independent testing once those standards are met. 

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Chapter 2 - Comment Documents Background 

2. City Council required removal of Glade Haven wastewater facility, a substandard dilapidated water treatment facility, 

through development incentives with the new owner. 

3. Since South Florida Water Management District criteria exempts permitting below certain thresholds, City Council 

added surface water management standards for single-family residential and duplex lots to alleviate storm water 

problems associated with infill development in older neighborhoods. 

4 . While the City of Bonita Springs is not the water supplier for its residents, it does have a Franchise with Bonita 

Springs Utilities which supplies almost all potable, wastewater and irrigation lines . Bonita Springs Utilities will be 

sending separate comments but it should be noted that the city residents in the City take advantage of reclaimed water 

for irrigation where available, with state of art reclamation plants . 

5. The City of Bonita Springs also adopted a Fertilizer Ordinance in 2008 . This restricts fertilizer use, requires 

mandatory certification after training of the professionals, voluntary training for residents, and limits application of 

phosphorus and nitrogen on turf/landscape area . There are low maintenance zones so as to prevent vegetation and 

fertilizer runoff from entering into waterways. 6. In 2009, Bonita Springs City Council adopted an ordinance to phase out 

septic tanks when sewer was made available near the river and creeks. 

6. In 2009, Bonita Springs City Council adopted an ordinance to phase out septic tanks when sewer was made 

available near the river and creeks. 

Comment ID 1011.001.001 

Author Name: Todd, Jr. K. 

Organization: Palm Beach County 

On behalf of Palm Beach County, Florida, I am submitting comments on the U.S. EPA (EPA) document Water Quality 

Standards for the State of Florida's Lakes and Flowing Waters. 

Comment ID 1011.001.021 

Author Name: Todd, Jr. K. 

Organization: Palm Beach County 

If you have any questions, please contact me at (561) 355-4600. 

Comment ID 1014.001.002 

Author Name: Carlton B. 

11/19/2010 02:48 PM EST 2-1212
 
Chapter 2 - Comment Documents Background 

Organization: Peace River Valley Citrus Growers Association 

According to the EPA map, this is the "Bone Valley . There are two notable north-south waterways through our 

agricultural territory, the Peace River and the Myakka River. Although "valley" is part of our name the topography is 

actually quite flat and citrus grown in our area is called flatwoods citrus . I give you this brief background to help you 

understand the watershed patterns within our area. Rainfall sheet flows over vast areas of land, channeling into ditches, 

canals, creeks, streams and other tributaries working its way to the west coast. 

They say politics makes strange bedfellows . We contend water quality issues also create the necessity for interesting 

partnerships . In 2001, a stakeholders group was formed in the Peace River Valley to address elevated chlorides, total 

dissolved solids and specific conductance in the Shell, Prairie and Joshua Creek watersheds. The stakeholders consist 

of 18 different state and local governments, as well as private agricultural interests, other associations and commodity 

groups . Never before in the history of our area has the Florida Department of Environmental Protection, the Southwest 

Florida Water Management District, environmental advocacy groups and agriculture worked hand in hand. The result of 

this cooperative effort is a nationally recognized Reasonable Assurance Plan with specific emphasis on identified Total 

Maximum Daily Load Program impaired sub-basins and Water body IDs to meet Class I standards designated to 

potable water supply . 

Comment ID 1014.001.006 

Author Name: Carlton B. 

Organization: Peace River Valley Citrus Growers Association 

Peace River Valley Citrus Growers Association is a regional commercial citrus grower association located in the central 

Gulf coast counties of Charlotte, DeSoto, Hardee, Manatee and Sarasota counties . Citrus in these five counties covers 

138,000 acres of land, with a crop valued at $250 million, and an estimated economic impact of $570 million. 

Comment ID 1015.001.001 

Author Name: Wilson K. 

Organization: 

Afternoon. Kevin Wilson from Monroe County. That's the Florida Keys, for those of you who don't know. We're a small 

county we represent less than half percent of the Florida's population, but very we have an incredibly vested interest in 

the water system because we're -- we have no manufacturing, no agriculture. We're a totally tourist dependent, almost 

completely water dependent economy.

 We're moving to essentially what we're -- advanced wastewater treatment in the all wastewater in the Keys. It's going 

to cost between 3 and $500 billion across the county to accomplish that, but it's a program that we're working through. 

We'll be submitting some significantly more detailed comments on -- particularly on the estuary and coastal water rulemaking later on. But I wanted to say that we've spent seven years working with our colleagues in DEP and the water 

11/19/2010 02:48 PM EST 2-1213
 
Chapter 2 - Comment Documents Background 

management districts to develop reasonable assurance plans for the Keys to achieve coastal water quality 

improvements. 

Comment ID 1025.001.001 

Author Name: Heuer M. 

Organization: 

MS. HEUER: I don't know how I got so lucky to follow these two, but my name is Molly Heuer. I'm a 25-year resident of 

Sanibel Island, and I represent myself. One of the things that attracted me to Sanibel was, ironically, the very thing that 

many Sanibel residents now complain about, the many rules and regulations that limit individual property rights. Limited 

growth, our dark skies ordinance, sign ordinances, many acres preserves land didn't come easily or cheaply. People do 

not self-regulate. We all, businesses and individuals alike, need laws to ensure that everyone's rights are protected. 

Comment ID 1027.001.001 

Author Name: McAvoy G. 

Organization: Hendry County Cattlemen's Association and Hendry-Glades Farm Bureau 

MR. McAVOY: Thank you. My name is Gene McAvoy, and I'm a regional vegetable extension agent with the University 

of Florida. I'm also secretary of the Hendry County Cattlemen's Association and treasurer of the Hendry-Glades Farm 

Bureau, as well as a private rancher, and I'm here in opposition. I work with vegetable and citrus growers the area in 

Lee, Charlotte, Collier, Glades, and Hendry Counties. We have 75,000 acres of vegetables, 100,000 acres of citrus in 

the five county area. 

Comment ID 1028.001.002 

Author Name: Andrys R. 

Organization: 

MR. ANDRYS: Hello. My name is see Rob Andrys. I live in Alva. It's just a town just east of here on the 

Caloosahatchee. I'm a former president of Riverwatch, the former president of the Florida Green Building Coalition and 

Alva, Inc., a civic organization. All these organize have promoted best practices. We've been pushing to make a better 

place here in Florida, to clean up a lot of what our fathers and grandfathers have done, not knowing what they were 

doing, but trying to make it a better place. Only through education will we be able to change things, now that we know 

what is going on. 

I just was driving here, and on NPR a guest said -- was talking about the weather. And they said, We've measured the 

weather, we've talked about the weather, we know about the weather, but we really didn't realize, you know, why it is all 

this rain coming, in all these huge amounts. Well, the atmosphere now has 5 percent more moisture in it than it did 50 

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years ago, 5 percent more than it did 50 years ago. They know that because they've measured it. How are we to know 

what's going on in the river if we don't measure it? It's absurd in terms of, My gosh, this seem like a really easy thing to 

do, so let's do it. 

I president of Riverwatch, and we were made promises 15 years ago, when I was president, We're going to make this 

better, we're going to do this, we're going to do that, we're going to do this -- it didn't happen. Now we get death. Let's 

just say what it is. The fish die. They're all over the beach. It stinks. Everyone goes, What in the heck is going on? Why 

should I come here? You know, Rob, I was going to come down to Florida and see you, but I'm not. I'm going to Texas, 

I'm going somewhere else, and that was what they said. 

So, you know, we've got some bad stuff going on the river, and as we add more and more people to this state, more 

and more fertilizer, more and more people on septic, more and more people saying, Well, let's just do it the cheapest 

way possible, and we have a history of, Let's do on it the cheap. You know, why should I put in a septic system when I 

can bury a -- put it in a barrel and let it just go into the sand? We've got sand. And when you put anything into this sand, 

it's into the nearest -- it goes horizontally into the nearest ditch, into the nearest canal, and into the Gulf. It's really quite 

easy to see what happens. 

I live on a creek that feeds -- is one of the tributaries of the Caloosahatchee. When I moved there 20 years ago, there 

were a lot of fish, just a lot of fish. And two days ago, I went, Oh, wow, there's four mullet. I haven't seen mullet in here 

in two years. It was a big deal. 

You've heard about this from all these people, and so basically, what has to be done is we need to look at what the 

costs are and just say, What can we do if we -- as a human race, when we've polluted ourselves out of this place, are 

we all going to move? There's been a lot of people who have left this state when they said, You know what? They're not 

listening. We on a local level say no more fertilizer because we realize what's going on. We are polluting and people are 

coming down from everywhere else, don't realize we have sand. It's not clay, it's not humus. It goes straight into the 

water. They don't realize it. 

Comment ID 1029.001.001 

Author Name: Calkins S. 

Organization: 

MS. CALKINS: Hello. I'm Susan Calkins. I'm a resident of Collier County and the City of Naples, and I am here to, one, 

thank you for being here and for the opportunity to speak. 

Comment ID 1029.001.005 

Author Name: Calkins S. 

Organization: 

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And we in Florida do value water quality and good water quality, as everybody has stated, but, you know, our governor ­

- Jeb Bush when he was governor had a Gulf of Mexico alliance and a governors action plan that came out of that, and 

in that plan we come up with, for example, the city of Naples -- but there were a number of cities, where we asked what 

the top five priority issues were for people, and for Naples, where I come from, habitat loss was one, and water quality 

was number two. 

And we documented well with the Gulf of Mexico alliance, which was supported by NOAA and our state, that there is 

tremendous value to our industries, whether it be fishing or tourism, and people have spoken very eloquently to that. 

And our water quality is clearly related to those areas. 

Comment ID 1030.001.001 

Author Name: Ayech B. 

Organization: 

MS. AYECH: Good afternoon, and thank you for having us here today. My name is Becky Ayech. I live in the 

community -- historic community of Old Myakka, which is located in Sarasota County. And I would like to present to you 

one piece of evidence, I guess, or submit something into the record. May I do that now at this point? MR. KING: You 

bet. MS. AYECH: Thank you. MR. KING: Let the record reflect that we have a beautiful white hat that says "No Slime." 

MS. AYECH: And I will reiterate, it is a white hat. I'm a family farmer and have been so for several years. I am also a 

domestic well user. So first, I'm just going to give you a little bit of history about my farm. I raise chickens, pigs -- wild 

hogs, actually -- sheep, and we have quite an extensive garden. The reason I bring up the point about the domestic well 

is because earlier in your presentation you talked about nitrate levels. Well, I don't know about any other county, but I 

can speak to my county. My well will never be tested for nitrate levels. We are not tested for drinking water, we are only 

tested for aesthetics. So it is very, very important to me, as a consumer of that water, that my groundwater is clean. It is 

also important to me that surface water bodies are clean, and I'm going to just give you some experiences that I've had. 

I loved your slide show the first one was Manatee County Reservoir, which from time to time I do drink water from, and I 

just happened to have the opportunity to drink some water when there was an algae bloom, and the water tasted 

terrible. They got a lot of complaints about it. It is very costly to treat it, package treat -- I mean, not -- excuse me. Public 

supply as well as individual suppliers have certain treatment standards that they use, given on a specific water quality 

that they're used to having. And anytime that water quality changes, it becomes more expensive for the consumer, so -­

and it also tastes bad and creates a lot of -- excuse me -- problems. I had the also unique experience of being at Lido 

Beach during several red tide events. The stench is horrible. You cough, your eyes burn. People don't want to be there. 

We -- my family left. Fish -- dead fish are have everywhere on the beach. Even though they clean it up, for months later 

you're walking on fish bones because they haven't been able to clean everything up. So that is also part of the 

experience of red tide. I didn't swim when I went to the beach because I didn't want to walk over the dead fish or swim 

with the dead fish. So my family and I left immediately. My husband and I enjoy fresh fish. We do not eat fresh fish 

anymore because many of the areas where we get fish have slime, and we're not interested in eating slimed fish, for 

those that live. For those that die, we're not interested in eating them either because our joke is we want them fresh 

enough that they wink at us. And quite frankly, it's ugly to look at, and I think that you made that point very, very well 

with all the slides that you showed. 

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Comment ID 1034.001.001 

Author Name: James L. 

Organization: 

Thank you for the opportunity to bring some thoughts before your body. My name is Lois James, and I am a resident of 

a senior citizens mobile home park on the Caloosahatchee River in LaBelle, which is in Hendry County, for the past 25 

years. I am also a volunteer board member of the Caloosahatchee River Citizens Association known as Riverwatch, 

and I want to thank Mr. Keating for making available this overview of the proposed water quality standards, and they will 

take me a while to get on top of, but I do appreciate that contribution. 

Comment ID 1034.001.002 

Author Name: James L. 

Organization: 

Riverwatch reports the Caloosahatchee is in poor condition today, and probably we're not surprised, hearing all we've 

heard from others, that when the volunteer work began 16 years ago, and that is involving research and public 

education. So it appears to me that, at least in my community, we lack a way for volunteer citizens to take an active role 

in monitoring water quality, and I believe there would be value if citizens could be encouraged to learn how to play an 

active role in monitoring water quality standards. 

I think that those are the main things, although I have a good thing to report. Our drinking water in LaBelle comes from 

wells, and after many years of planning and action, we are building a new water plant, and what that will bring to us, I'm 

sure, is progress. Thank you. 

Comment ID 1035.001.001 

Author Name: Peterson E. 

Organization: 

I'm Ellen Peterson, and I live in Estero, Florida. I'm sort of a newbie in Florida. I came neither in the early '60s. I moved 

to the beach. It was wonderful. You could walk on the beach, you could swim. It was clean, it was nice. In the '70s it 

began to change a bit, and I thought, Well, you know, maybe -- if this is getting dirty, maybe there's too many people out 

here. Maybe I better move to a river. So I moved to a river, and the river was beautiful. I could sit on my dock and watch 

the mullet jump, and the manatees came up my river. I haven't seen a mullet in that river in seven or eight years. 

They're gone. 

I go to the beach. I did my own little survey recently at the beach, and I asked people, Are you a native or do you live 

here? Are you a tourist? And then I asked them if they were swimming. The natives don't swim at the beach. We don't 

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go in the water anymore. The only people who are swimming were the tourists. And I didn't want to tell them that I was 

a native, and that I wouldn't swim in this water for anything. So we've come to that state in our state, and it's really going 

to seriously hurt us because we're going to lose the most viable thing we've got here, and that's our tourist industry. 

And I also want to speak just a bit about fertilizer. We've spent days, weeks, months, working to get local fertilizer 

ordinances passed, and we got them passed in much of our state. And guess what? Last week our state legislature 

passed a law negating all of those fertilizer ordinances. We don't them anymore. 

Comment ID 1038.001.001 

Author Name: Arnason D. 

Organization: 

Okay. I'm sorry that Ephraim is not here. My name is Deb Arnason of 12 Dill Street, Alva, Florida. I've lived in Florida 

over 20 years. The first year was just blocks from the Peace River in Charlotte County. We were nine years on 

Caloosahatchee Canal in North Fort Myers, eight years within the walking distance of Vanderbilt Beach in North Naples, 

one year in Fort White by the Santa Fe River near the Ichetucknee and Suwannee Rivers, currently in Alva on the lock 

of the Caloosahatchee. And for our court reporter, I'm going to give you -- this is typed up. I might talk fast, though. 

Obviously, I might have lots of experience with Florida waters which we cherish. Over the years my husband have been 

and I have been dismayed to watch them degrade to their present state. 

Comment ID 1038.001.003 

Author Name: Arnason D. 

Organization: 

MR. KEATING: Hold up a second. We'll try to get you a better microphone, and we will give you all the time you need.
 

MS. ARNASON: Thank you. Oh, I'll take that one. Okay.
 

MR. KEATING: We'll work on the batteries then.
 

Comment ID 1038.001.004 

Author Name: Arnason D. 

Organization: 

All right. I do want to make sure everybody heard that. We were loaded with mercury from the -- from the coal burning 

in Northern Florida, Fort white, near the Gainesville area there, and we had to move. I have tests, and if anyone is 

interested, I'll be happy to produce those, showing that we were loaded with mercury and lead. Okay. So were the fish 

in the rivers nearby. Nobody could eat the fish. We were forced to sell our newly built home and move to Alva. Now 

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what? 

We joined Caloosahatchee Riverwatch; Alva, Inc.; Sierra; Audubon; Save It Now Glades, because we care about our 

Florida waterways, the Everglades river of grass, all the fish, game, and humans that thrive on their natural balance. 

Evidently, the Florida department of Environmental Protection cannot do that job. 

Comment ID 1039.001.003 

Author Name: Miller L. 

Organization: League of Women Voters 

We feel it important that those who use fertilizers must learn to use them responsibly and sustainably. Many 

communities in Florida have passed fertilizer ordinances so that homeowners who live on waterways will not contribute 

to the pollution problem. My own community of Fort Myers Beach has such an ordinance. I'm not sure what it means, 

now that the legislature has acted, but we'll find out. We also encourage those in the agriculture industry to use better 

management practices. In its agriculture policy, the league supports environmentally sound farm practices, and those 

practices include the judicious use of environmentally sound fertilizers. 

Comment ID 1040.001.001 

Author Name: Hamel R. 

Organization: Gulf Citrus Growers Association 

Thank you. For the record, my name is Ron Hamel, and I'm executive vice president of the Gulf Citrus Growers 

Association, and our association is comprised of 146 citrus growers here in Southwest Florida. We operate in the 

counties Charlotte, Collier, Glades, Hendry, and Lee, and we have over 140,000 acres of citrus groves in our 

membership, and we represent about 25 percent of Florida's citrus. 

Our association has over 25 years of proactive water management experience, and our members have been 

recognized for their conservation practices and progressive efforts, as far as water management and water quality is 

concerned. 

Comment ID 1040.001.006 

Author Name: Hamel R. 

Organization: Gulf Citrus Growers Association 

In fact, in 2005 our group, working through all the various agencies, put together a best management practice manual, 

and I'll leave that with you-all here for the record, and we certainly are doing what we can to support our state's efforts 

to enhance water quality. 

11/19/2010 02:48 PM EST 2-1219
 
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Comment ID 1041.001.001 

Author Name: Urich D. 

Organization: Responsible Growth Management Coalition 

Number 50 on the schedule. I'm Dave Urich, and I'm actually appearing for a Sierra but I am a life member of 

Responsible Growth Management Coalition, and have been very active for a number of years. I'm just a consumer. I'm 

not a technician and don't know all these right answers, but I drink the water and I used to swim in the water. 

We first came to Florida back in 1960 as a tourist, as many of the transplants start, and we just loved the fresh, clear 

water at Fort Myers Beach that our friends took us to. When we moved here in 1974 with our four children, we said 

when we get to the beach you're just going to love the beach. And unfortunately, that wasn't the case. They looked at it 

and said, You know, Dad you're a little young to have senility, but this is not clear water, and this is just in a period of 

approximately 15 years, the degradation at the Fort Myers beach. 

Comment ID 1041.001.004 

Author Name: Urich D. 

Organization: Responsible Growth Management Coalition 

I think we, all working together, can do a better job. I think those people who came that spoke against what you're trying 

to do are probably the good folks that are using the best management practices and are trying to do the right job in 

agriculture and in their industries. The ones that don't care are the ones that we're concerned about, and we were -- I 

don't know if I should use the word "chicken" -- when we designing the fertilizer ordinance, but we didn't put any comps 

in that. We don't have any teeth in our fertilizer ordinance. If you ignore us, we didn't -- we can't arrest you, and we 

didn't think we would ever pass it. And today, with the economy what it is, I don't think you could ever passed anything 

it's going to cost the county money. 

But one of the biggest issues was what do the big box stores do when they're selling this fertilizer? And we've now tried 

to do some instruction to the staff and working with that, and I think that's -- again, if -- you can put anything on paper 

you want, but if the practice is, Well, you've got to have a green lawn, and this is the way you get it -- and I have a 

neighbor who uses the fertilizer wheel and all that, and I said, You're just encouraging it, you know. 

Comment ID 1042.001.003 

Author Name: Nelson V. 

Organization: 

And I've learned that -- I've also learned something interesting. Apparently, the misuse of fertilizers has led to a weaker 

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product in terms of health. Basically, I've learned that -- studies have shown that by using the fertilizers, you deplete a 

plant's ability to defend itself, and by only giving it such basic amounts of what it needs, it creates just a less healthy 

product. It doesn't have as many of the nutrients and minerals that humans have learned to depend on for so many 

years, and it just -- it depletes their resources of defense. By using insecticides, they don't want to use their own 

defenses, and studies have shown that when they use their own defenses it does create a better product as well. 

Comment ID 1044.001.001 

Author Name: Nardi H. 

Organization: 

Hi. My name is Hana Nardi. I lead a group of concerned students, a service team within the honors program called 

Ecoaction, and our mission is to help improve the health of local waterways. I'd like to speak a little bit about my 

experience in Florida thus far. I moved to Orlando 10 years ago with my family, not for environmental reasons, because 

of work reasons. 

Comment ID 1045.001.001 

Author Name: March R. 

Organization: Come Enterprises 

I'm Raymond March, and I'm a Florida licensed engineer. I've been working on storm water projects, particularly in the 

agriculture industry, for over 20 years, and I'm speaking today on behalf of come enterprises, a company with land 

holdings in Southwest Florida with interest in citrus, vegetable farming, and cattle ranching. MR. KEATING: Could you 

just move a little bit closer to the microphone. 

Comment ID 1046.001.001 

Author Name: Sabourin D. 

Organization: 

Hello. My name is Daniel Sabourin. I too am a student at Florida Gulf Coast University, and I am a proud uncle of seven 

nieces and nephews. 

Now, my family is spread across the U.S., Ohio, California, even as close as Georgia, but no one else lives in Florida as 

I and my parents do. So it is a pleasure, when they do come to visit for the summer, and my brothers are always 

concerned about their children's health. So one thing I just want to mention real quick, whenever they do come to visit, 

it's always a given that we do take them to the beaches. 

And one thing that they love -- more than I can express -- love to do is, when they go into the water they'll drag their feet 

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around on the sand, bringing up sediment, and that will attract fish at to nibble at whatever little bits of good they may 

bring up. They love that. 

Comment ID 1048.001.001 

Author Name: Hanley M. 

Organization: 

Good evening. My name is Mari Hanley, and I live in Fort Myers and I work in the ecotourism business on Sanibel 

Island as a naturalist tour guide for the past six years. 

Having degrees in biology and marine biology, I have observed changes from not only a biological, but in all -- also from 

an ecotourism business perspective in our Southwest Florida estuaries. 

Comment ID 1049.001.001 

Author Name: Hill A. 

Organization: 

Good evening. My name is Andy Hill. I guess my resume, I'll share a little bit with you. I am by profession a partner 

investment advisory firm, focusing on social sustainable investing. My community service is highlighted by being the 

vice chairman of the Conservancy of Southwest Florida. I am the past chair of the Red Snook Fishing Tournament with 

Roland Martin, which a catch and release event to raise money for estuary research. 

I'm also a participant in the lawsuit to bring about what we're doing here today, and that was focused -- my ambition to 

be involved in that was to -- is dealing with the negative impact of the destruction that we saw years ago as a result of 

the red tide episodes, which will probably be back again once the weather conditions are correct for such an episode. 

Comment ID 1050.001.007 

Author Name: Cooper J. 

Organization: 

I built my home in a place called Coral Creek -- where it's a natural waterway; it's in Cape Haze, Florida -- because of 

the nature views and the wildlife. I regularly use the waterways to fish, to kayak, to photo, and also to take out friends, 

just to -- actually, to relax and get away from the stress of my regular job. Unfortunately, over the last 10 years I've seen 

Gasparilla Sound and Lemon Bay, which I look out my window from, from my job every day because I run the 

Gasparilla Island Bridge Authority -- I've seen it deteriorate in water quality, which is directly resulted in fewer scallops 

and crabs and the needed natural marine wildlife to feed our fish in our natural fishery, which is Charlotte Harbor. 

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Comment ID 1051.001.001 

Author Name: Everham W. 

Organization: 

My name is Win Everham. I'm a past board member of the Caloosahatchee Riverwatch Citizens Association, a past 

member of the Fort Myers Beach Marine Research and Task Force, past chairman and current member of the Estero 

Bay Agency on Bay Management, and a 14-year resident of the Estero River watershed. I'm also a professor of marine 

and ecological sciences at Florida Gulf Coast University, though my comments represent my opinion as an ecologist 

and not as an official stance of my institution or any of the organizations that I'm associated with. Although I would like 

to add that I'm also proud of our students who participated tonight, and particularly, like Sarah, when our students 

publicly disagree with our faculty. It gives me hope for the future. 

Comment ID 1052.001.001 

Author Name: Valiquette M. 

Organization: City of Sanibel Planning Commission 

Thank you. Good morning, or afternoon, I guess it is. My name is Michael Valiquette. I wear a number of hats. I'm a 

building contractor of luxury homes on Sanibel Island, off the southwest coast here. I'm also chairman of the Sanibel -­

City of Sanibel Planning Commission. More importantly, though, in my recent career I'm one the founders and the 

chairman of the board of the Pure Water Coalition, which is people united to restore rivers and estuaries. 

I got involved in this issue because I live on the estuary in a canal looking out at the mouth of the Caloosahatchee River 

across the estuary from a barrier island. I woke up one day and found scum half a foot thick, with balls of scum the size 

of basketballs in our canal one morning, and nobody could tell me what happened and why. After nine months of doing 

research and trying to force municipalities, both local, county, and state, to do something, we formed the Pure Water 

Coalition. 

Our mission has always been to work with the agencies, and I thank you guys for coming and your entire staff for 

coming here today to listen to us. It's extremely important. 

Comment ID 1052.001.003 

Author Name: Valiquette M. 

Organization: City of Sanibel Planning Commission 

I was a polluter in my own backyard. I found that if you have sod within 20 feet of a seawall, which I had, you're 

polluting. You know, I stopped. I took out all my lawn, I put in xeriscape landscaping to show as -- not only to set an 

example, but because I didn't know any better until I started looking into why the waters went bad. 

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Like the speaker before me, I used to fish. I used to belong to the fishing club on the islands. I quit. Why? Because I'm 

not going to take a chance of a fishhook pricking my finger with the bacteria that's in these waters. I certainly wouldn't 

eat the fish that came out of that water. I like to fish to eat the fish. I take it home for dinner. I haven't been fishing in 

over six years. I don't intend to fish until I can wash my boat and jump in my canal and swim in the heat of day and not 

get sick. 

Some of the examples that we have right here of polluters that seem to think it's easier to pollute than it is to spend the 

money not to pollute, around this building in the city of -- downtown area of the city of Fort Myers, you've got box 

culverts. All the rainwater that hits the area goes into those box culverts, whether it's a rooftop, a parking lot, a lawn in 

front of a building, or a road with oils on it. It goes into those box culverts. 

They were built by TKW Engineers years ago to accept filters, but because of the cost of the filters, they don't filter it. So 

the water goes unchecked into the Caloosahatchee, all that storm water runoff with everything associated. You get 

chemicals and oils in that water. They just remodelled all the roads down here. They tore them up, put brick pavers, did 

a beautiful job. Did they put the filters in the box culverts? No. Perfect opportunity. Why didn't they? Because nobody 

told them to. 

Comment ID 1053.001.001 

Author Name: Hale A. 

Organization: Charlotte Sierra Group 

Thank you for being here today. My name is Allain Hale, and I am with the Charlotte Sierra Group. I'm one of their 

directors. I was born in Florida, and I won't tell you what Florida was like when I born because you'd call me a liar. But 

I'll put it this way, that all coastal areas were an azure turquoise. The fishing was as legendary as they say. We've been 

places where the mullet would jump in our boat. 

And fast-forward to the present, we're now opposing Mosaic Mine who want to mine in our watershed, which I'm sure 

you -- the EPA, we're in total concert with you on this. I've seen your letters to the Army Corps and that we're -- Ecoswift 

is totally in the support and so is the Sierra Club, of you requiring an area-wide EIS for specifically the applications of 

the Pine Level and Key Mines by Mosaic. 

Comment ID 1055.001.001 

Author Name: Cowdright B. 

Organization: 

Hello. My name is Bill Cowdright. I've only lived in Florida for five years, unlike a lot of people here, but I recently retired 

as the executive director of the Crowley Museum and Nature Center, which is an environmental education and pioneer 

history center in Eastern Sarasota County. 

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Comment ID 1055.001.006 

Author Name: Cowdright B. 

Organization: 

The swamp also, since that is one of the prime spots for the start of the Myakka River, it also flowed downstream and 

affected our property significantly. We lost probably 2 to 4,000 trees. Most of the canopy we had in our boardwalk area 

was lost. In order to resolve that issue, we had to go to court. So we sued in 2002 to try to get these farms to change 

their practices, either keep their water on their property or to develop a new type of irrigation, to replace the flood 

irrigation, which was drip irrigation. That suit is not completed yet, still going on, although we think it's going to come to 

a close this year. The fact that they have changed their practices on some of the farms has been significant. Not only is 

there no water going now into the Myakka River and the stream that support it, but also there's a lot less coming out of 

the aquifer, probably 80 to 90 percent less water that comes out of the aquifer. 

Comment ID 1056.001.005 

Author Name: Guest D. 

Organization: 

It's interesting to note that Mosaic Fertilizer and their allies are pressing a bill in the state legislature, as we speak, to 

make it illegal for counties to adopt fertilizer ordinances. Farms can and should have better BMPs. We can get there, 

and we should. Thank you. 

Comment ID 1057.001.001 

Author Name: Daniels R. 

Organization: A Living Vision of Alva, Inc. 

Good afternoon. My name is Ruby Daniels. In addition to being a lifetime resident of Lee County, I am president of 

ALVA, Inc. That stands for A Living Vision of Alva, Incorporated. We are a civic organization as well as a planning -­

community planners. 

Comment ID 1058.001.001 

Author Name: McCabe J. 

Organization: Bayous Preservation Association 

My name is John McCabe, and I'm the president of the Bayous Preservation Association on Sanibel, which represents 

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Chapter 2 - Comment Documents Background 

about 350 homeowners on Clam Bayou, Dinkins Bayou, and Roosevelt Channel on Captiva. In addition to that, I'm vice 

president of the Ding Darling Wildlife Society, the friends group for the national wildlife refuge on Sanibel Island. 

Comment ID 1060.001.001 

Author Name: Parsons M. 

Organization: 

Good afternoon. My name is Mary Ann Parsons. I am a citizen and resident of Cape Coral, Florida, and I'm also on the 

board of directors for Riverwatch, that you've heard from earlier today. 

Before I start, I wanted to bring up, with your permission, a map of our local area, as well as some pictures that I've 

taken. I live in Cape Coral, as I said, and I live on a canal. So I wanted to share with you what that canal looks like very 

often. So I'm going to bring these up. 

MR. KING: Sure. Thank you. 

MS. PARSONS: This is where we are now and -- this is where we are now, and this is where I live, Cape Coral. Here is 

the map. 

As I mentioned, I live in Cape Coral, and Cape Coral has about 400 miles of canals, and the big draw to Cape Coral is 

waterfront living. That's the way it is advertised, and I think it's often called paradise, and certainly it is in many, many 

respects. Cape Coral is not unlike many other communities in Southwest Florida, where people want waterfront living, 

but with that comes a responsibility. 

On our canals, as in my case and where those pictures were taken, my pool cage has a steep decline right down to the 

seawall, and the canal that I am -- I am on, as is most canals in Cape Coral, is brackish water. It is tidal, so with the 

tides, the stuff goes out and the stuff comes in. 

My background -- I'm not a scientist. My background is corporate business. I'm a master gardener. But I have taught 

best management practices not in the agriculture industry, but for our landscapers in Lee County, who need to be 

trained before they can get licensed to apply fertilizer in this county. So I've been an instructor there, and I'm also 

involved with Florida Yards and Neighborhoods. I don't know if you've heard it of, but it is part of the University of 

Florida System public outreach to teach homeowners the proper use of fertilizers and pesticides in their own backyard. 

As an instructor in both of those fields, I've seen the light bulbs. I believe education is the key. I believe that most people 

want to do the right thing, but they need the knowledge. When I've taught homeowners as well as landscapers, I see 

the light bulbs go off, and they oftentimes come out with a very different view of what they're doing in their daily -- either 

their home and their backyard, or whether it's their business, how they're impacting water quality. 

Comment ID 1061.001.001 

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Author Name: Dove M. 

Organization: 

Thank you. Good afternoon, and thank you for the opportunity to comment on the rules -- rule-making for nutrient levels. 

My name is Michael Dove, and I have been fortunate to share a home with my spouse that is located on the 

Caloosahatchee River in Alva. For those of you not familiar, Alva is located 18 miles east of Fort Myers. 

Comment ID 1062.001.001 

Author Name: Gross B. 

Organization: 

Afternoon. My name is Bill Gross. I'm a member of the Alva, Inc.; former director of the Fort Myers board of realtors; 

former school board member; and chairman of the Survivors of State Road 80. But I do not want to be the future 

chairman of the Survivors of the Caloosahatchee River. I am a citizen living along the Caloosahatchee River for over 32 

years, and I'm speaking on behalf the myself. 

Comment ID 1065.001.001 

Author Name: Meyers Ms. 

Organization: 

No problem. I live in Cape Coral, which is in Lee County. Cape Coral, as you know, and you spoke of earlier, Mr. 

Keating, has all of these man-made canals. Many of us live on water. For me, living on water carries a bigger 

responsibility than living off water. We have a greater responsibility to ensure that we don't impact the quality of that 

water. 

Comment ID 1066.001.005 

Author Name: Grigsby W. 

Organization: 

So it's -- we're in a real situation, but I do appreciate you-all coming and I've -- we've spent some time together. I 

apologize for getting a bit frustrated, but it's -- I get a little worried of -- you know, when you have to defend what you do, 

and what you do, you think, is as righteous and basic as it comes, that makes it a little tough. So thank you, and I did 

bring you -­

Comment ID 1066.001.007 

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Chapter 2 - Comment Documents Background 

Author Name: Grigsby W. 

Organization: 

You want to catch snook today? Guys, anybody here want to go catch snook legal snook? Go to Ortona in the 

Caloosahatchee River, two locks up. Right out just down from Lake Okeechobee, the dirtiest place in the world. Well, 

that's the only dang place I know to go catch a snook right now. If you want to catch eight or ten of them, you can 

probably do that up there, too. They're catching them just as hard and fast as they can up there. 

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Comment ID 1069.001.003 

Author Name: Price M. 

Organization: 

Good evening. My name is Mary Price, and I am also a student at FGCU, and I'm an environmental study major. I just 

wanted to share a little story about my family. We moved here 16 years ago because my father got a job managing a 

fish farm in DeSoto County. And it just so happens that the fish farm is located right in between a large land of 

agriculture, which is like sod fields and citrus. Through the 16 years, I have seen my father and his workers battle the 

nutrient and phosphorus runoff that essentially is caught by his fish farm. And I wasn't initially going to talk about this, 

but an event happened just the other day. I'm free work for my dad, so he calls me when he needs me down there at 

the fish farm. And he called me and told me that something happened. During the night the pond crashed, and he lost 

about 1,500 pounds of hybrid striped bass, which is thousands and thousands of dollars for him and my family and the 

company. 

Comment ID 1071.001.001 

Author Name: Costello C. 

Organization: Sierra Club 

Good evening. Cris Costello, regional representative for the Sierra Club out of the Sarasota office. I am the coordinator 

of the Florida Red Tide Campaign. I've brought a couple of visual aids with me this evening. 

Comment ID 1071.001.002 

Author Name: Costello C. 

Organization: Sierra Club 

In order to illustrate the strength of the support of, certainly, the Gulf Coast Florida resident for strong water protection 

measures, what you have in front of you is a map and a residential fertilizer management ordinance. I would like to start 

with the ordinance. I've marked the page. It's page 6 of 11. 

Over the past three years Gulf Coast communities have been adopting strong fertilizer management ordinances as a 

way to include residents and commercial applicators in the task of reducing the amount of fertilizer, nitrogen and 

phosphorus, that runs off of our residential neighborhoods and into our storm water capacity and our coastal waters. 

The backbone of those strong ordinances has been highlighted on your page, and that is the weather and seasonal 

restriction that prohibits the application of nitrogen and phosphorus during the rainy season. We get the vast majority in 

our rain in this part of the state in the four months between June 1st and September 30th. The strength of that 

ordinance depends on that four-month rainy season ban. If there is no fertilizer laid down on lawns during that period, 

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Chapter 2 - Comment Documents Background 

then certainly none can flow off of those yards. 

I have very little else to say, except that I want you to look at the map. What I've done on this map is I have put a little 

pink dot on every community, city council, or county commission that has taken a vote to adopt this strong measure. 

And as you can see from the map, I believe there are 18 dots. 18 different councils or commissions over the past three 

years have voted to put this kind of weather restriction. 

The northernmost is the near Lake Apopka. You had a picture of Lake Apopka. The City of Montverde has a rainy 

season restriction, and then the rest of them are along the Gulf Coast. And I would be remiss if I did not mention that 

the first strong ordinance actually was passed right here on Sanibel. So it started with Sanibel. 

Comment ID 1072.001.001 

Author Name: Holsinger M. 

Organization: Holsinger Horticultural Services 

Good evening. I'm Michael Holsinger, and I've been in Florida since 1985 as a resident. I'm a resident of Sarasota 

County. My background has been extension horticulture agent and county extension director for the University of 

Florida and Sarasota County for 19 years until 2004. Right now I am operating a small business called Holsinger 

Horticultural Services, as a consultant. 

I was the consultant or principal consultant for Sarasota County government in the development of their fertilizer 

management ordinance in 2007, which was the first one in the State of Florida. But I have from a personal experience 

been around Florida and in Florida for -- off and on for quite some time. 

The first time I came to Florida was as a youngster, about 12 years old, in 1949. And we went -- it was in Pinellas 

County on the Gulf, and I can remember as a kid that one of the highlights was that we, as children, walked in the -- in 

the inland waterway, and could see the water and see the shells and collected shells, crabs, and what have you. That 

was very exciting to me, and as I youngster I had a good feeling about Florida. 

Came back 15 years later to the same area, and couldn't do that again because the water wasn't clear enough. It had 

lost its clarity. At the time I didn't know why. I just said, Well, I can't do it anymore, must be all these people. And I'm 

sure that they had an effect. And then back in 1985 we moved back down here, and now I live on a barrier island, 

Siesta Key in Sarasota. 

Comment ID 1073.001.001 

Author Name: Jackow D. 

Organization: Concerned Citizens of Bayshore 

Well, first, I want to thank you for being here. I really appreciate it, and so do all the people who have come to speak. 

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Chapter 2 - Comment Documents Background 

My name is Debbie Jackow, and I'm the vice president of Concerned Citizens of Bayshore. 

I have lived in Southwest Florida for 34 years and have seen a drastic and dramatic change in the health of our 

waterways. 

Comment ID 1074.001.001 

Author Name: English, Jr. J. 

Organization: 

Thank you, sir. For the record, I'm Jim English -- James D. English, Jr., from Alva. I'm a member of a family that's been 

here for a long time. Our grandfather came here by oxcart and made camp on the piece of ground we now own, in 

January of 1876, and he acquired that piece of property in 1878 and we've owned it since then and operated an 

agricultural operation on it. And we've witnessed firsthand what's happened to this situation here, particularly pertaining 

to water resources. 

And I can tell you my father learned to swim in the Caloosahatchee River. By the time I came along, you couldn't swim 

in the Caloosahatchee. We learned to swim in the creeks. And now you can't swim in the creeks. My son and the 

grandsons, they swim in a swimming pool. And all these regulation are fine, but they don't mean anything unless they're 

enforced. 

Comment ID 1074.001.002 

Author Name: English, Jr. J. 

Organization: 

And we're in the process of right now of considering this Babcock development up there, on the -- about a 22,000 acre 

development on the 100,000 acre Babcock Ranch. The balance of the ranch is going to be owned by state -- or it is 

owned, I think, by the State of Florida and Lee Counties. As I understand it, part of the state land is going to be used for 

mitigation, and it's a temporary classification. It comes to our mind what's going to happen if that temporary 

classification at some point is removed by the state. 

The flows to the creeks are being altered, according to our calculations of our engineers, and we've got some citrus 

property on Trout Creek. The amount of water flowing down Cypress Creek toward Trout Creek, according to the staff 

report, it's going to be at about 2.4 times what the natural runoff was. They fail to recognize some diversions that they're 

making to other creeks that are going to be affecting our property, including Cypress Creek, and Hall Creek, and Victor 

Creek. And we're hoping at some point that you-all are going to take that all into consideration, and that these rules and 

regulations that are being formulated are going to be enforced. 

Comment ID 1076.001.001 

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Chapter 2 - Comment Documents Background 

Author Name: McElwaine A. 

Organization: Conservancy of Southwest Florida 

Wow. I get to go ahead of Commissioner Judah. 

My name is Andrew McElwaine, and I am a member of the technical advisory committee to the state DEP for their 

storm water rule development. I'm a resident of the Cocohatchee Estuary and also a staff member of the Conservancy 

of Southwest Florida, and a very long ago staff member of the Council on Environmental Quality, and a U.S. Senate 

staff member who worked on the 1987 reauthorization of the Clean Water Act, which was the first time ever the act 

included provisions for nonpoint source control. So it's only taken us 23 years to get to this point. 

The reason for my being here, first, I would like to welcome you to the home of green rivers, blue-green beaches, and 

red seawater. We're not proud of that. I do want to thank my good friends from Sierra Club for your amazing work here. 

You're the best with -- so I'll you put my hat on. And I also would just like to acknowledge before I give my brief 

comments, the Girl Scouts for coming out tonight and reminding us why we do this every day. And then lastly, we have 

a celebrity in Manley Fuller of the Florida Wildlife Federation, who should be in Tallahassee, dealing with malfeasance 

and misfeasance, and instead is here. The -- from Tallahassee. 

Comment ID 1077.001.001 

Author Name: Mahan R. 

Organization: OrangeCo, Inc. and C.I. Groves 

Good evening. My name is Ron Mahan. I am with Orange-Co and C.I. Groves, producers of over 5 and a half million 

boxes of oranges that get squeezed into about 40 million gallons of orange juice every year. My company directly 

employs about 150 people, and my company positively impacts the employment and livelihoods of more than 500 

additional people through the products and services that we engage in our businesses. We manage our citrus trees and 

our lands throughout the whole year, but we harvest our fruit from October through June. Our combined economic 

impact is very significant, particularly in our primary citrus grove operations of 19,000 acres in DeSoto County, which is 

a rural agricultural community of just over 35,000 people. 

Orange-Co and C.I. Groves own over 20,000 acres of land in Florida in two locations within the Prairie Creek and Shell 

Creek watershed management areas. We are members of the Joshua Water Control District and the East Charlotte 

Drainage District which encompass more than 100 like-minded citrus growers. Orange-Co and C.I. Groves, like most 

Florida landowners, are dedicated to being good stewards of our lands and the relate natural resources, including 

water. We understand and operate with the knowledge that our long-term best interests, both personally and within our 

businesses, is best served by responsible use in the management -- responsible management of our natural resources. 

Comment ID 1078.001.001 

Author Name: Glore L. 

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Chapter 2 - Comment Documents Background 

Organization: Collier County Troop 319 

I'm Lynn Glore, Girl Scout leader of Collier County Troop 319. I'm a little nervous. I'm a mother of four and a Girl Scout 

leader of a multilevel troop of seven girls, Number 319. As a mother and a Girl Scout leader, I am responsible to keep 

the children safe. 

I live in Bonita Springs off of Old 41. My husband and I built our home two and a half years ago from the ground up. We 

never put in an irrigation system or sod. Because we don't have sod, we don't need to use fertilizers in our yard. 

Comment ID 1080.001.001 

Author Name: Angelucci B. 

Organization: 

Good afternoon. My name is Barbara Angelucci, and I am a resident of Manatee County in Florida. 

Comment ID 1081.001.001 

Author Name: Snapp A. 

Organization: Caloosahatchee River Citizens Association or Riverwatch 

Hi. My name is Annette Snapp. I live here in Fort Myers, not far from the Caloosahatchee River. I also serve as the 

president of the Caloosahatchee River Citizens Association or Riverwatch, and today I'm speaking as a representative 

of that organization. We have approximately 100 members. Our organization has six goals and objectives related to the 

Caloosahatchee River: one, to improve the river from its source to its mouth, including its impact and riparian and 

estuarine systems, wildlife, habitat, and marine life; two, to promote public education concerning the historical 

significance, present condition, and future of the river and its watershed; three, to increase public awareness of the 

importance of the Caloosahatchee River to our quality of life; to study the effect of the domestic, commercial, and 

agricultural uses of the river's resources; to monitor and work to improve the river's water quality, quantity, and flow 

characteristics; and, six, to observe and participate in the activities of the public bodies responsible for the management 

of the river and its watershed, such as this meeting this evening. 

Comment ID 1081.001.005 

Author Name: Snapp A. 

Organization: Caloosahatchee River Citizens Association or Riverwatch 

And just an additional note that I like to add, I teach out at Florida Gulf Coast University. I teach a course called 

University Colloquium. One of the foci of that course involves sustainability and sustainability of the environment. I want 

to tell you, from my personal experience, that many of our youth are confused about why we have the environmental 

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Chapter 2 - Comment Documents Background 

problems we have and why we don't act on them. We do have ways of solving them. Why haven't they been solved? It's 

a very difficult message to try and give them. I, of course, encourage them to come and participate in events like this. 

Comment ID 1082.001.001 

Author Name: Morton C. 

Organization: 

Good afternoon. My name is Carolyn Morton. I live in North Fort Myers. I'm a member citizen of the BBCB community, 

and I do live right on the Caloosahatchee River. And, of course, I see a lot of what goes on there because my 

grandchildren, they're out on the jet-skis a lot, and most days it looks pretty good, but I'll tell what. We have had 

problems different times with my own well, and so, of course, I didn't have any water for a couple of days. 

And I thought, Oh, you know, I can go to the neighbor and take a shower. But, you know, I've still have to flush the 

commode. And I'm telling you what. When it comes to the water that you dip up out of the river, and you decide you're 

going to flush the commode, then you really see what's involved. 

Comment ID 1082.001.003 

Author Name: Morton C. 

Organization: 

So anyway, there are a lot of things that need to be considered. We do have a palm tree nursery. We have in the past 

probably four years discontinued any spraying. We spray nothing at all on our palms. I'm trusting God to take care of 

them and keep them green and so -- and keep them bug free. And we have been very, very blessed. We do not have a 

bug problem. We just -- I just trust that we won't because I know there are things you do need to do, when it comes to 

healthy palm trees, to keep them, you know, really healthy. 

We do -- a couple times a year, do use fertilizer, but we are very, very particular. We are scheduled with our fertilizer 

man, and we do -- we just fertilize very lightly. We just do not because there is absolutely no way that I want to ever be 

a part of anybody that would cause some pollution into the river, into our waterways because they're so important. 

Comment ID 1084.001.001 

Author Name: Brodkin S. 

Organization: Concerned Citizens of Bayshore 

My name is Steve Brodkin. I'm president of Concerned Citizens of Bayshore Community, and the Bayshore community 

is located in North Fort Myers, towards the east end of North Fort Myers. 

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Comment ID 1084.001.002 

Author Name: Brodkin S. 

Organization: Concerned Citizens of Bayshore 

I've lived in Lee County for 35 years, and I've watched as red tide has increased in frequency and duration, canals and 

rivers have at times turned green, and the Ding Darling National Wildlife Refuge was covered with dense green mats of 

algae for the first time on record. 

Comment ID 1085.001.001 

Author Name: Kamener K. 

Organization: Concerned Citizens of Bayshore 

Hi. My name is Karen Kamener, for the record, and I'm the treasurer of the Concerned Citizens of Bayshore. I wanted to 

touch today on possibly some of the reasons why we're in this mess, and the way enforcement has been dealt with. 

I first got interested in all of this, as far as the, you know, serious water issues, about in 2006 right after Ernesto went 

through in August, September. Because what had happened was in 2001 some of my neighbors bulldozed 13 acres 

without a permit. Lee County put a stop work action against it, and there was rumors that they had been fined. 

And so when Ernesto went through and we were so flooded, I was wondering, Well, why -- if they were fined, why 

weren't they not responsible for fixing what they destroyed? And then I found out they had bulldozed 3 acres of wetland 

preserve. So I went to DEP and they didn't know anything about it. Water management didn't know anything about it. 

Finally I got a case -- the case from Lee County Environmental Sciences. And when I went down to pick it up, after she 

dug it out of the warehouse, she told me -- she took me in a little room with glass windows and said, Please don't tell 

anyone, but this is a coverup. They do it all the time, we try to fight it all the time, and we very seldom win. So I pursued, 

and she said, See what you can do with it. 

So I went knocking back at DEP's door, and they sent me to water management again. There was -- I was told there 

was this gray area because it was 10 acres, and nobody knew who it belonged to. Anyway, water management should 

have taken care of it, and they didn't. And when I've talked to like Lee County attorneys, I'm told, Well, you need 

counsel. So anyway, I started getting into the Babcock Ranch, 22,000 acres, and I've read their water management 

application, and I've read the Caloosahatchee Regional watershed protection plan that was done by water 

management. 

And I found lots of inconsistencies in the application, and no one will address them. As far as like, you know, the head 

engineer of Johnson Engineering says, Oh, the water doesn't come onto the ranch, but yet, it says in the Route 31 

flooding study that it most certainly does, and it goes all the way to Telegraph Swamp, which is five miles to the east. 

So anyway, before they got their permit last September, Lee County filed a petition and I spoke, you know, in February 

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Chapter 2 - Comment Documents Background 

at your other hearing, and I read to you the disputed issues of material fact. And I wanted to read to you now from a 

letter from Jed Schneck to Doug McLaughlin at Water Management. 

And I also wanted to bring to your attention that in May of 2006, Mr. English, who spoke earlier, his attorney brought to 

light this permit split for the Babcock Ranch because they split it up from one entity to the state, the county, and the 

developer. Anyway, I'm going to read you part of this letter that was dated January of this year, the 13th of January. 

It says, "The applicants for the Babcock Ranch permit are Babcock Holdings, Babcock Ranch Community Independent 

Special District, and MSKP Town & Country Utility, LLC. They have applied to modify the existing surface water 

management system that encompasses 91,000 acres of the old Babcock Ranch property. This is an error. These 

entities have no apparent authority to accomplish everything that they are required to do in the South Florida Water 

Management District permit. 

"That is the subject of a pending DOAH proceeding, in that they do not own or control the entire 91,000 acres. The 

permitting rights and obligations for the district permit have not been officially transferred in any manner to these 

applicants. Currently, the named permittees are no longer the appropriate entities responsible for the compliance of 

district permit. The Babcock Florida Company no longer owns" -­

And I'm going to skip ahead to -- what happened is Lee County wanted to take this before an administrative judge, and 

so it basically says, you know, if it's determined to be valid -- "If these three permits are determined to be valid by a 

DOAH judge, it is not clear what permit condition would apply to each permittee. The result would create a compliance 

and liability quagmire for all parties involved, including South Florida Water Management." 

And I'm just real concerned about the way these -- if this was brought up by another attorney for Mr. English, why 

wasn't it addressed until now? And why did Lee County have to settle over this issue? And in result, all that was put into 

the water management permit to resolve all of this is they have to do the historical water models, which they've been 

asked to do since 2006 and sued over repeatedly by either Sierra Club or Lee County, and so on and so on. 

Comment ID 1087-1.001.001 

Author Name: Pearson S. 

Organization: City of Gainesville Public Works Department 

Introduction 

On behalf of the City of Gainesville I thank the EPA for the opportunity to offer comment on the referenced docket and 

to look at water management from a completely different perspective. 

The City of Gainesville was incorporated in 1869 and had an area of 1.9 square miles and no stormwater system. 

Today the City is about 60 square miles, has 125,904 residents and is served by 540 miles of municipal stormwater 

system, mostly in the urbanized area. 

In 1988 the City created a stormwater utility which levies a user fee on the developed property within the citys 

stormwater system. The collected fees are dedicated to the operation and maintenance of the stormwater system. 

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Chapter 2 - Comment Documents Background 

Since about 1998 the utility has implemented some watershed restoration projects addressing water rate attenuation 

and water quality improvements. 

The City currently collects $7.90 per month from the standard billing unit which yields about $6,000,000+ annually for 

the Utility. In 2004 the City Commission dedicated a portion of the fees to capital improvements and the rest for 

operations and maintenance activities. Also the stormwater conveyance system is operated under the authority of 

National Pollutant Discharge Elimination System permit issued by the State of Florida under delegated authority as 

allowed by the Clean Water Act. The permit is current and the City is in compliance with its terms. 

Physiography - Gainesville is located in the center of Alachua County whose major physiographic provinces include the 

Northern Highlands to the north and east and Western Valley Karstic lowlands in the south and west. The elevation of 

the Highlands is about 175 above sea level and the lowlands are at about 60 feet above sea level. The transition area 

between the two is known as the Cody Scarp and it is also where a lot of Gainesvilles development has occurred. 

Due the elevation change in a relatively short distance, the creeks in Gainesville have fairly high velocities. Also 

because of the karst character of the lowlands all the water goes to either a sink or pond/lake and discharges to surficial 

and Floridan aquifers with two exceptions. The exceptions are the Little Hatchett and Hatchett Creeks which discharge 

to Newnan's Lake and then Orange Lake to the Oklawaha River. 

Comment ID 1088-1.001.002 

Author Name: Henry B. 

Organization: Broward County 

Water Quality Protection in Broward County 

Broward County has a long history of commitment and demonstrated leadership in environmental protection and 

advocacy, with special emphasis having been placed on the protection and restoration of water quality. This 

commitment is demonstrated in the County's establishment of aggressive water resource regulations, implementation of 

innovative water resource management programs, and delivery of extensive training and education in best practices 

designed to protect and improve the quality of the county's waterways. Notable examples of the protective efforts 

adopted by Broward County include a 1984 prohibition against any new non-domestic discharges to surface or 

groundwaters, adoption of numeric water quality standards for permitted discharges to surface waters and 

groundwaters dating to the 1970s, and a required 80% reduction in pollutant loads for all surface water management 

systems, including major redevelopment projects. 

Broward County's efforts in water quality protection go well beyond these accomplishments relating to licensing and 

regulations, and include a wealth of legislative activities and community-based initiatives. The County has been an avid 

supporter of Everglades restoration, achieving changes to state law uniquely empowering Broward County with the 

authority to regulate certain agricultural activities in order to reach water quality goals. In 2004, the County convened a 

stakeholder group, the Broward Everglades Work Group, to coordinate water quality improvement efforts through 

regulatory, legislative and behavioral strategies, which has become a model for similar efforts in the County and region. 

In 2002, the County developed the NatureScape Broward program to encourage the creation of low-impact landscapes 

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Chapter 2 - Comment Documents Background 

with emphasis on best management practices that protect water quality, this led to the County's subsequent certification 

as a Community Wildlife Habitat by the National Wildlife Federation (the first county in the nation). Since 2005 the 

County has operated a mobile irrigation lab, the only such service operated by a county government in the state of 

Florida, with reductions in irrigation runoff and associated water quality improvements a major program objective. The 

County has adopted a permanent 2-day per week restriction on landscape irrigation and has also developed a model 

landscape code promoting best management • practices in landscape design and maintenance, both of which support 

water quality improvements by minimizing landscape runoff and nutrient loads associated with landscape maintenance 

activities. Broward County is the lead co-permittee with 26 municipal partners and FDOT in implementing the conditions 

of a joint NPDES permit, and has consistently received positive audits relating to the County's effective management of, 

and reporting on, program efforts. Thus, water quality protection through broad regulatory and other programmatic 

efforts is a subject that Broward takes seriously, with the reward measured in the extensive water quality improvements 

achieved since the 1970s and an extensive canal network rich in biological value and supportive of ample opportunities 

for fishing and other recreation. 

Comment ID 1089.001.001 

Author Name: Giles G. 

Organization: 

Thank you for being here. I'm Gail Giles, and I live in El Jobean, Florida. I got lost one day about 30 years ago and 

found myself on the banks of the Myakka River, and I have been in love with the whole estuary area since, and have 

worked hard to try and keep focused on good clean water and available waterfronts. 

Comment ID 1089.001.003 

Author Name: Giles G. 

Organization: 

When I first came here there were many oysters, in Tippecanoe Bay especially. We could go there at any time, be 

careful to always leave your seed oysters, don't take all this away. But within a few years it was degraded to the point 

that we could not eat those oysters anymore. My children used to play in the Myakka River, and we had so many queen 

conch, and that was one of their favorite things, was to find them, and all the many various sea creatures. They're not 

there anymore. 

Comment ID 1090.001.001 

Author Name: Ayech F. 

Organization: 

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Chapter 2 - Comment Documents Background 

Hi. My is Fredy Ayech, and I live in Sarasota for 30 years -- 30, 40 years, next to Myakka River, and I go to Myakka 

River fishing, and I stop going there because the river is filthy. And I can't believe they putting sludge treatment next to 

the river, and the nighttime we hear the motor pump the sludge to the river. And when you go to the river, fish in a boat, 

you see the shit -- sorry for my language -- so the turd float with you on the river. That's how bad. Thank you. 

Comment ID 1091.001.001 

Author Name: Lewis R. 

Organization: Chamber of Commerce of Southwest Florida 

Thanks. Good afternoon. My name is Richard Lewis. I'm here today representing the Chamber of Commerce of 

Southwest Florida, and it's a regional business organization that builds leadership as a strategic contribution to the 

community. I'm a professional engineer and co-owner of HSA Engineers and Scientists, and we have contracts with the 

State of Florida Department of Environmental Protection and the South Florida Water Management District, and I've 

worked on water quality issues in Florida for over 15 years. And I want to thank everybody for their interest in Florida's 

most precious resource, our water, and allowing us the opportunity to express our views today. 

Comment ID 1092.001.001 

Author Name: Kaplan A. 

Organization: Sarasota Countywide Council of Neighborhood Associations 

Good afternoon. My name is Ann Kaplan, and I'm here today as president of CONA, which is the Sarasota Countywide 

Council of Neighborhood Associations. Our members include 74 homeowner associations and neighborhood umbrella 

groups from all over Sarasota County, and that represents about 40,000 households, most of whom came to Florida for 

the recreation and the nature that is only supported by clean and healthy waterways. 

Sarasota County has two industries, and one of them is out of business for quite a while. So the remaining one is 

tourism and retirement lifestyle services. And our economy is now totally dependent on that industry. 

Comment ID 1092.001.004 

Author Name: Kaplan A. 

Organization: Sarasota Countywide Council of Neighborhood Associations 

Sarasota County was one of the first in the state to adopt a fertilizer ordinance. The general public was very supportive 

during the whole process, and the only opposition was from the fertilizer industry, who has now adapted and accepted 

it, and they're all still in business. 

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Chapter 2 - Comment Documents Background 

Comment ID 1092.001.006 

Author Name: Kaplan A.
 

Organization: Sarasota Countywide Council of Neighborhood Associations
 

I've lived on the main canal there for 10 years, and have watched the water quality degrade year after year. My family 

and my kids used to catch a lot of different kinds of fish from our dock five to 10 years ago, but not anymore. If they 

even put a line in, they will maybe catch one those little stingrays or a ladyfish, and that's about it. 

Comment ID 1093.001.001 

Author Name: Roberts B. 

Organization: 

Thank you for being here and listening to us. I am Betsy Roberts, a city of Sarasota County, a master gardener, master 

naturalist, a kayaker, and on the board of the Environmental Coalition of Southwest Florida. 

In the 29 years I have lived in Florida, I have enjoyed the real Florida, which includes the waters. 

Comment ID 1094.001.001 

Author Name: Adams C. 

Organization: 

Good afternoon. My name is Colin Adams, and I'm here today speaking as a deeply concerned Florida citizen and 

taxpayer. I was born in the Panhandle and raised by a nature enthusiast, who never missed an opportunity to show me 

as much of wild Florida as he possibly could. So many of those gems are either gone or altered beyond recognition. 

Comment ID 1095.001.001 

Author Name: Riles J. 

Organization: 

Good afternoon. My name is Jay Riles. I'm a fourth generation beef cattle rancher in Charlotte and DeSoto County. In 

addition, our family business includes watermelons as well as sod. I'm also a member of the Heartland Agricultural 

Team, which is affiliated with the Florida Farm Bureau. 

Comment ID 1096.001.001 

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Chapter 2 - Comment Documents Background 

Author Name: Lewis S. 

Organization: 

My name is Sara Lewis. I'm a resident of Sarasota County, specifically the Old Myakka area. I'm a third generation 

native Floridian. 

Comment ID 1097.001.001 

Author Name: LaSalle R. 

Organization: 

Hi. I'm Randee LaSalle from Charlotte County. I am a member of a number of coalition groups that are working for the 

environment and protection of it. 

Comment ID 1097.001.003 

Author Name: LaSalle R. 

Organization: 

We're originally from Minnesota, living an hour south of the Canadian border, and surrounded by the Chippewa National 

Forest. Since moving here, we have come to value this property more each year, as we recognize the sustainability of 

our water, which is protected by state and federal law. Pristine water that supports a healthy ecotourism industry. 

Comment ID 1098-1.001.001 

Author Name: Vance A. 

Organization: City of Bonita Springs 

Good Afternoon, my name is Audrey Vance. I am the City Attorney representing the City of Bonita Springs City Council. 

Bonita Springs is a 40 square mile city, with beautiful waterways (Gulf of Mexico, Estero Bay, Imperial River, and our 

creeks: Spring - Rosemary - Orange - Oak - Leitner Creeks, and a multitude of manmade lakes and canals serving as 

retention areas). We have a downtown with a river running through it, we are the headwaters of the Calusa Blueway (a 

190 mile kayak and canoe paddling trail) so it should be obvious that Bonita Springs is the downstream protection area 

that the rule is attempting to protect. 

However, just like our waterways, Bonita Springs City Council is just as diverse. There are elected officials who are 

environmentalists, fiscally conservative retirees and pragmatic businessman, so having them reach a consensus on 

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Chapter 2 - Comment Documents Background 

comments for the proposed rulemaking is almost as unique as our waterways 

Comment ID 1098-2.001.001 

Author Name: Vance A. 

Organization: City of Bonita Springs 

Please accept the enclosed comments attached to this letter. The City of Bonita Springs, Florida, is a small city (under 

50,000) located in the Southwest area of Florida. The proposed rule affects Bonita Springs, with the Imperial River and 

multiple creeks going downstream to estuarine and coastal waters, also located in Bonita Springs. 

Review and consideration of the enclosed memorandum providing comments on the proposed draft is appreciated. 

Comment ID 1098-3.001.002 

Author Name: Vance A. 

Organization: City of Bonita Springs 

Background 

The City of Bonita Springs is located in the southwest area of Florida. While there are very few lakes in Bonita Springs 

that were not manmade, the City of Bonita Springs does have manmade lakes and canals. It also has the Imperial River 

flowing through the City of Bonita Springs, and several natural creeks. There is at least one naturally occurring spring 

that discharges into Oak Creek that is privately owned. The river and creeks run to the Estero Bay waterbody, and 

outstanding Florida water. After Estero Bay, the water proceeds to the Gulf of Mexico. Simply put, the City of Bonita 

Springs is the recipient of other waters as it then becomes the downstream estuarine and coastal waters within its 

corporate area. 

Bonita Springs as a municipality has limited agriculture uses that preceded its existence. It is impacted by agricultural 

areas located in the rural parts northeast of the City, as they provide sheet flow of storm water which proceeds into the 

City boundaries. In 2006 the City hired an engineering firm to implement a water quality monitoring program. Incoming 

samples showed a higher incidence of phosphorus and nitrogen than test sites downstream, apparently meaning that 

the City of Bonita Springs effectively acts as a filter for phosphorus and nitrogen as the waters travel downstream. 

Comment ID 1098-3.001.003 

Author Name: Vance A. 

Organization: City of Bonita Springs 

Local Regulations Affecting the Proposed Rule 

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Chapter 2 - Comment Documents Background 

Why flowing waters downstream have lower levels of phosphorus and nitrogen is due to how the water travels to the 

headwaters and environmental physical factors. Lower levels of phosphorus and nitrogen may also be a result of 

several improvements by the City of Bonita Springs. These are discussed in its NPDES MS4 co-applicant permit with 

Lee County annual reporting. They include the following: 

1. City Council in its Comprehensive Plan adopted best management practices (Ord. No. 07-04) to improve the 

freshwater quality of the Imperial River for both dissolved oxygen and total phosphorus and total nitrogen. The intent 

was to create its own nutrient discharge limitation program, with a numerical standard for nutrients and pollutants of 

concern for new developments, through independent testing once those standards are met. 

2. City Council required removal of Glade Haven wastewater facility, a substandard dilapidated water treatment facility, 

through development incentives with the new owner. 

3. Since South Florida Water Management District criteria exempts permitting below certain thresholds, City Council 

added surface water management standards for single-family residential and duplex lots to alleviate storm water 

problems associated with infill development in older neighborhoods. 

4. While the City of Bonita Springs is not the water supplier for its residents, it does have a Franchise with Bonita 

Springs Utilities which supplies almost all potable, wastewater and irrigation lines. Bonita Springs Utilities will be 

sending separate comments but it should be noted that the city residents in the City take advantage of reclaimed water 

for irrigation where available, with state of art reclamation plants. 

5. The City of Bonita Springs also adopted a Fertilizer Ordinance in 2008. This restricts fertilizer use, requires 

mandatory certification after training of the professionals, voluntary training for residents, and limits application of 

phosphorus and nitrogen on turf/landscape area. There are low maintenance zones so as to prevent vegetation and 

fertilizer runoff from entering into waterways. 

6. In 2009, Bonita Springs City Council adopted an ordinance to phase out septic tanks when sewer was made 

available near the river and creeks. 

Comment ID 1098.001.001 

Author Name: Vance A. 

Organization: City of Bonita Springs 

In perusing the docket, I did not see where the attached documents were added to the public submissions. The City of 

Bonita Springs, Florida, is a small city (under 50,000) located in the Southwest area of Florida. The proposed rule 

affects Bonita Springs, with the Imperial River and multiple creeks going downstream to estuarine and coastal waters, 

also located in Bonita Springs. Kindly have the attachments included within the docket. 

Comment ID 1100.001.001 

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Chapter 2 - Comment Documents Background 

Author Name: Hartney M. 

Organization: Florida Fertilizer and Agrichemical Association 

Good afternoon. Mr. Keating, Mr. King, welcome back to Florida. We are glad that our weather is a little better for you 

than it was previously. 

I'm Mary Hartney. I'm president of the Florida Fertilizer and Agrochemical Association, F.F.A.A. is a nonprofit trade 

association. Our members include fertilizer and chemical manufacturers, dealers, distributors, and industry suppliers 

based here in Florida or having business interests in Florida. 

On the personal side, I am a Florida native, I grew up here in Tampa, I learned to swim and water-ski on Lake Carroll, 

and I am currently blessed to live in Lakeland, Florida, now with my husband and our two daughters. 

Comment ID 1101.001.001 

Author Name: Williamson M. 

Organization: 

Good afternoon. I'm Michelle Williamson, and I live on the family farm here in Hillsborough County. My family has been 

growing strawberries and vegetables in this county since the 1880s, and I live on part of the original homestead. 

95 percent of Florida's strawberry industry is located in a 144 square mile area in and around Dover and Plant City area 

of Hillsborough County and provides for the largest industry in that area. 

Over the last 20 years, our operations have implemented best management practices to manage water runoff and 

nutrient applications. All of our operations are enrolled and participate in the B.M.P. program and are checked by the 

Department to see that we are complying with these -- with these programs. 

The B.M.P. program was developed by the Department of Agriculture in junction with the Department of Environmental 

Protection. And all of our new agricultural sites have tail water ponds to capture water on site for reuse and storage. 

Comment ID 1101.001.005 

Author Name: Williamson M. 

Organization: 

We support the state's T.M.D.L. process and have worked with the State's Department of Environmental Protection in 

the development of these T.M.D.L.s. 

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Chapter 2 - Comment Documents Background 

Comment ID 1101.001.006 

Author Name: Williamson M. 

Organization: 

In closing, I want to say that agriculture is the largest industry in this county. We are the only real green industry in this 

state. We provide open space, wildlife habitat, water recharge area, and most importantly, we provide the food and fiber 

that the citizens of this country eat. 

Comment ID 1102.001.004 

Author Name: Kelley K. 

Organization: 

But I have a vested concern in this area. My great grandfather named Lee County, Francis Asbury Hendry. So I have a 

lot of roots in the area. If I stand in one place too long, feeder roots start coming out, and I have to jerk my feet to move, 

I've been here so long. 

But a lot of agricultural people are in the BMP program, and it's not just something you sign off on and forget about it. 

We are stewards of the land. I'm a member of the local farm bureau and have served on the advisory committee for the 

state horticultural farm bureau. My father was on the soil and water conservation in Fort Myers for decades. So we have 

a lot of history and a lot of help in the community, with trying to keep the community good and beautifying it and not 

wasting and not polluting. 

Comment ID 1102.001.005 

Author Name: Kelley K. 

Organization: 

I can't speak for the municipalities that treat sewage. I'm not well versed on that. When the gentleman spoke -- and I 

understand he was an engineer -- from the Southwest Chamber, he said a lot of what I would have liked to have said if I 

was an engineer, that I think this is a complex issue that needs to be dealt with in a way that -- I hear a lot of emotion 

from the people in the community that the water quality is not good, and they would like a change. 

Comment ID 1102.001.006 

Author Name: Kelley K. 

Organization: 

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Chapter 2 - Comment Documents Background 

I don't think it's -- it's that simple, and I think people do need to be responsible. People do need to be conscientious 

about the town and the world that they live in. You know, I've seen people open their door and dump garbage out on the 

road. There is a law to stop that, but it would be better if they would be more conscientious. And I think that's a lot of 

what we have here. 

I think part of the problem in this area was the growth was so rapid that we've not been able to keep up with the road 

systems, with the waterways, with the growing -- the agriculture that we do have in the area, and it's been a challenge 

to try to keep up. But all the people that I serve on boards with, with the farm bureau -- I'm also a member of the 

FNGLA, which is a nurseryman's group. 

Comment ID 1103.001.001 

Author Name: Alexander J. 

Organization: Alico, Inc. 

Good afternoon. I'm John Alexander. I'm a native Floridian, having spent 48 years working in the field of agriculture. I'm 

the chairman of the board of Alico, Incorporated, a public company headquartered in LaBelle, Florida. 

Alico is the owner and operator of about 136,000 acres of land in five counties in Central and South Florida: Collier, 

Glades, Hendry, Lee, and Polk. We're a diversified land management company growing food and agriculture 

commodities, including cattle, citrus, sugar cane, sweet corn, and green beans. We've been managing the land for over 

100 years and are recognized as good stewards of the land and water. Water is the single most important factor that we 

manage in producing these crops, and we are vitally interested in the quality of the water that we use and even reuse. 

Comment ID 1104.001.001 

Author Name: Compton E. 

Organization: 

Hi. I am Emily Compton, I have lived in Tampa, Florida, for 19 years. 

I have lived on the Hillsborough River all my life. It's in my backyard. And whenever I tell people that, they always ask a 

lot of questions about it, like, "Oh, it must be great, you get to go swimming all the time, you get to play with the 

manatees." 

Well, not really. I have a dog. And I do have a canoe and a kayak. And I do really enjoy going out kayaking. But no one 

goes in the Hillsborough River, ever. No one has a tire swing. You don't even put your feet in. I mean, you go to it, like it 

doesn't even cross your mind. 

I have taught canoeing in North Carolina and have canoed in many of the rivers in North Carolina. And there is a huge, 

huge, huge, huge, huge, huge difference in the quality of river. I mean, you can go swimming in those rivers. 

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Chapter 2 - Comment Documents Background 

And honestly, I don't go canoeing as much as I used to, because it's just not as fun anymore. And, like, I -- I always joke 

with my friends, but really, it's just not fair that the river is completely black and you can't really see 6 inches deeper. 

So, like, especially if you're in a kayak, you're just, like, a few inches away from the water, and you have no idea what's 

going on underneath you. And it's pretty scary, which is fun in a way, but not really. 

And, yeah, it's not fair for us, and it's not fair for the river, and people don't get to enjoy it as much as they could. That's 

about it. Thank you. 

Comment ID 1105.001.001 

Author Name: Robbins K. 

Organization: Entrix 

Good evening. My name is Kristan Robbins. I have a master's in biology and I am currently a project scientist at 

ENTRIX, a natural resources firm in Tampa. I have specialized in statistical analysis of biological and water quality data 

for the past five years. And I very much appreciate your time and effort invested by E.P.A. in developing your proposed 

criteria, and I especially thank you for your time spent today, I'm sure it's been a long day for both of you. 

Comment ID 1106.001.001 

Author Name: DiazAmes A. 

Organization: 

Hello, my name is Allegre Diaz-Ames. I am a native of Florida. I am 19 years old. I grew up outdoors. I'm a wild child. I 

get dirty in the mud. I like to roll around and go canoeing as well and swim. But unfortunately, you know, I read an 

article just lately about a seven-year-old at some lake, I guess a little -- I don't really know the scientific name, but a little 

critter got into his ear and, you know, he died a day later. And so I don't swim in any lakes or the river. You know, I'll go 

to the springs or something. But after having lived in Finland, next to Russia, for a year, I have -- it's amazing how 

pristine their water is. And between the Scandinavian countries, which I have traveled, they don't use phosphorus, 

because that's -- it's not as abundant as -- well, it's not even abundant anymore because it's becoming a limited 

resource, they use cow manure, chicken mature, you know, they get their livestock to, like -- you know, they separate 

all the -- the very nasty stuff and use it for methane gas, fertilizers, all sorts of stuff. 

Comment ID 1107.001.001 

Author Name: Jones A. 

Organization: Hillsborough County Public Works Department 

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Chapter 2 - Comment Documents Background 

My name is Amber Jones, and I'm here with Hillsborough County Public Works Department and Water Resources 

Services. Hillsborough County is a member of the Tampa Bay Nitrogen Management Consortium, and we have worked 

with that group for several years to develop specific science-based total nitrogen loads for Tampa Bay and total 

nitrogen load allocations for the entire Tampa Bay Watershed. 

Comment ID 1108.001.001 

Author Name: Coughenour F. 

Organization: Plant City 

My name is Frank Coughenour, I am the utilities operations manager for the City of Plant City. I am a professional 

engineer, a Florida native, my wife is a third-generation Florida native, and like most everybody here, we -- we really 

love and appreciate the state. 

Comment ID 1110.001.001 

Author Name: Sherwood E. 

Organization: Tampa Bay Estuary Program 

Good afternoon, my name is Ed Sherwood. I am the program scientist for the Tampa Bay Estuary Program, and I'm 

here on behalf of our executive director, Holly Greening, who is unable to attend today. 

As you may know, the Tampa Bay Estuary Program is one of the 28 national estuary programs in the country 

established under E.P.A., and since the early 1990s, the estuary program has been progressively developing adaptive 

nutrient management strategy to support seagrass recovery in Tampa Bay. 

I should also mention that I'm here today speaking on behalf of the Tampa Bay Nitrogen Management Consortium, a 

public/private partnership formed in the mid 1990s to implement the adaptive nutrient management strategy developed 

for Tampa Bay and by the Estuary Program. 

The consortium now consists of more than 50 local governments, industries, and electric utilities that have worked 

cooperatively -- cooperatively over the past quarter century to help support the Tampa Bay Estuary Program's efforts in 

-- in recovering seagrass in the bay. 

Comment ID 1110.001.003 

Author Name: Sherwood E. 

Organization: Tampa Bay Estuary Program 

Furthermore, the consortium and the estuary program partners recognize that occasional setbacks have occurred in 

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Chapter 2 - Comment Documents Background 

Tampa Bay, mostly in response to anomalus weather events. 

You have heard today about nuisance algae blooms that have occurred in the bay from time to time, but what you 

probably haven't heard is the community's complete response in adapting to those new challenges. 

For instance, several Tampa Bay municipalities have passed residential fertilizer ordinances that restrict fertilizer use 

during the summer rainy season when the potential for fertilizers to enter the stormwater runoff is highest, and the 

Tampa Bay Estuary Program continues to encourage other local municipalities to support similar such ordinances. 

Also, the Tampa Bay Estuary Program and its partners will be funding a major research study in the portion of the bay 

where these blooms typically occur in order to identify appropriate, specific, and effective management actions to 

reduce the potential for future bloom formations. 

It should be recognized, however, that despite these setbacks, the bay continues to recover seagrass because 

appropriate water quality conditions have consistently been -- been maintained. 

Comment ID 1110.001.004 

Author Name: Sherwood E. 

Organization: Tampa Bay Estuary Program 

The actions I previously detailed in large part lent to the adaptive nutrient management strategies developed by the 

estuary program and the consortium over the past quarter century. 

I will not try to reiterate many of the other points that have been raised by participants of the consortium that were 

expressed at previous E.P.A. public comment sessions that were held in Florida in February, but rather express our 

appreciation for E.P.A.'s consideration of the points that were made by the many consortium members. 

Comment ID 1112.001.003 

Author Name: Hines B. 

Organization: 

And you know, during the red tide blooms, even though we have a lot of birds on our island, we don't see a single living 

bird, they aren't there, because they go somewhere else, or I don't know where they are. 

Comment ID 1112.001.005 

Author Name: Hines B. 

Organization: 

11/19/2010 02:48 PM EST 2-1249
 
Chapter 2 - Comment Documents Background 

Good evening. I'm Barbara Hines. I live on Anna Maria Island, which is a barrier island in Manatee County across from 

Bradenton. I was stunned at some of the testimony that I have heard in the short time that I have been here, because 

the water that some of the -- our officials have described is not the water that I know. 

Comment ID 1113.001.001 

Author Name: Barrera K. 

Organization: 

Good evening. My name is Kira Barrera, and I'm a student at the University of South Florida in St. Petersburg and a 

member of the Sierra Club Coastal Task Force. 

Water quality and conservation have always been issues that inspired me onto my current path. I am currently an 

environmental science and policy major. 

Florida is known for pristine beaches, scenic rivers, and crystal clear springs, and these are the places where I have 

spent much of my recreational time and also borne witness to their degradation firsthand. 

So I -- I told you that I'm a student and environmental activist, but I'm also a mother and a native Floridian. And when I 

was a kid, we always took camping trips to Crystal River and Rainbow River and tubed and played in the springs. 

And now that I have two kids, we just went to Rainbow River for our first tubing. They are four and six, so they are 

swimming now, and I just took them last summer for their first tubing trip on the Rainbow River, and it's really sad. 

The manatee grass is covered in all this gray crap. I mean, I wouldn't want to eat it if I was a manatee. And there is 

duckweed everywhere. I mean, they didn't want to get out of their tubes. I don't know. 

I mean, we used to see otters and stuff. I don't think my kids will ever see one. Roseate spoonbills, not around. And 

there is tons of ibis, but they're eating in like soccer fields and stuff. 

So this motivated me to pursue a degree and a career from which I could effect meaningful change in their 

preservation. 

Oh, yeah. I wanted to be a Weeki Wachee mermaid when I was a kid. I went there all the time. Who didn't want a Weeki 

Wachee mermaid? 

I took my daughter there for her fifth birthday. And there is like gray slime hitting the mermaids in their faces. And the 

turtles are covered in it. They have to, like, pick it off of them for the show. It's really -- it's a -- it's a bad state. 

Comment ID 1114.001.001 

Author Name: SaulSena L. 

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Chapter 2 - Comment Documents Background 

Organization: 

Good afternoon, and welcome to Tampa. Thank you for coming here to hear from us. My name is Linda Saul-Sena, I 

live at 157 Biscayne, Tampa. 

I'm a member of Tampa city council, I'm here today before you as an elected council member in my fifth four-year term. 

So I am -- four of those terms have been citywide. 

Comment ID 1114.001.002 

Author Name: SaulSena L. 

Organization: 

The City of Tampa gets the -- our drinking water from the Hillsborough River, and we're impacted not only by the quality 

of our river and Tampa Bay, but all of the tributaries and streams that lead into it. The entire watershed directly affects 

our quality of life. 

Comment ID 1114.001.003 

Author Name: SaulSena L. 

Organization: 

I also serve on the estuary board and I'm a member of the Hillsborough River board. I have been paying a lot of 

attention to the quality of our waters for a number of years. 

Comment ID 1115.001.001 

Author Name: Baldwin R. 

Organization: 

Hi, my name is Robin Baldwin, and I'm a volunteer with the Sierra Club Suncoast group covering Pinellas County, and I 

edit their newsletter. 

I live in Clearwater on the Tampa Bay side, and my family have owned a residence there at Kokai since the 1970s. 

Comment ID 1116.001.001 

Author Name: Bucolo B. 

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Chapter 2 - Comment Documents Background 

Organization: 

Good morning, thank you for being here. I'm Bill Bucolo, I'm with the Sierra Club in Pinellas County, the Suncoast 

group, I'm the chair of the political committee there. 

Comment ID 1117.001.001 

Author Name: McCoy R. 

Organization: 

Good afternoon. My name is Robert McCoy, I'm a business manager for the Florida Carpenters Regional Council. 

Behind me here is just some of the 5,000 members that we represent across this state. Many of these guys work in 

industries here that are going to be directly affected by these regulations. 

Comment ID 1118.001.001 

Author Name: Rice D. 

Organization: 

Thank you. My name is Darden Rice, and I have lived in the Tampa Bay area 21 years. Even though I happen to have 

been born in Atlanta, I come from a long line of Florida natives. My mother was a rare ninth-generation Floridian. 

So my brother and I have terrific memories of growing up, going fishing with my grandfather on Lake Okeechobee and 

Fisheating Creek. And today, I just live a couple of blocks away from Tampa Bay, where I enjoy going kayaking and 

fishing. 

I try to keep my nephews connected to their (Phone rings.) Whoops. Sorry. Tell them I'm not here. 

I do try to keep my nephews connected to their Florida heritage so they get to see and enjoy what type of beauty that 

Florida has to offer, and I every year take them tubing down the Ichetucknee springs and canoeing on the Hillsborough 

River. 

And I know it's not possible to completely turn back the clock so that my nephews can see the same type of beautiful 

old Florida that my grandparents grew up in or even that I have seen in the last 20 years. 

But I do think that we certainly have the ability to manage our natural resources and to manage our nutrient levels in a 

way that we can do much better than what we are doing now. 

And in my on own lifetime, I have seen the quality of Florida waters decrease. And it saddens me that my nephews may 

not have the chance to see the same type of beautiful Florida environment that -- that I did growing up. 

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Chapter 2 - Comment Documents Background 

Comment ID 1119.001.001 

Author Name: Weeks T. 

Organization: 

Hi, my name is Terrie Weeks, I'm chair of the Suncoast Sierra Club in Pinellas County, I also sit on the Agency of Bay 

Manage -- on Bay Management and am co-chair of the community advisory committee for the Tampa Bay Estuary 

Program. 

Comment ID 1121.001.001 

Author Name: Ovink J. 

Organization: 

Good afternoon, my name is John Ovink, my address is 1705 West Sligh Avenue here in Tampa, Florida, and I'm an 

attorney. I am also here as one of the founding members for an organization called Friends of the River, which is friends 

of the Hillsborough River. 

I'm wearing three hats today. My first hat is an environmental hat, my second is a legal hat, and my third hat is one that 

my wife graciously allowed me to wear today, and I look pretty good in it, she said. 

My wife was born here in 1949 in Tampa, and she remembers going on excursions, a day-long excursion going to 

Sulfur Springs, which was a day's long excursion in those days because there were no paved roads north of Kennedy. 

And she remembers swimming in the Hillsborough River, and she remembers travel through Florida and swimming in 

any river that she happened to come across. And as it was too hot in the summer, you just jumped in the river. And she 

can't do that anymore. And that's -- because she is not a public speaker, she has asked me to say that for her. 

She has lived here for over -- over 60 years, and she is sad, because our environment has deteriorated. 

Comment ID 1122.001.001 

Author Name: Taylor E. 

Organization: 

Hi. My name is Elizabeth Taylor, I am the lifelong Floridian, not the movie star, and my address is 1430 East Park 

Circle. 

I grew up right on the Gulf of Mexico in Madeira Beach, and I now live on the Hillsborough River, and am another 

founder of the Friends of the River. 

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Chapter 2 - Comment Documents Background 

Believe me, that was not an easy step to take. It takes a lot of courage to sue the government. And it changed our lives. 

Comment ID 1124.001.002 

Author Name: Katz W. 

Organization: Coastal Wildlife Club 

I am speaking also on behalf of Coastal Wildlife Club, a nonprofit conservation organization. Our membership includes 

more than a 150 volunteers, and some are here today, who monitor sea turtle nesting beaches and promote awareness 

about sea turtles and other coastal resources. Several members also do other monitoring in a program under now 

under the provision of Florida DEP staff, but the outgrowth of a project started in our area years ago by a small group 

including myself. In connection with that project, by the way, I went to Madison, Wisconsin, in 1996 for the EPA 

sponsored fifth volunteer -- fifth national volunteer monitoring conference, one of the best meetings I've ever attended. 

I grew up in western Massachusetts, where my fondest memories are all outdoors, carefree hours in or along ponds 

and brooks, in search of frogs, tadpoles, and salamanders, and along country roads, turning over rocks looking for 

snakes. A favorite gift was made by my father, a wooden snake cage painted yellow with a large glass window and a 

screen top with hinges. I was allowed to keep the snakes on the porch, letting them go after a day or two, until one day 

got loose in the living room. There was anxiety associated with that particular incident, but not with the state of the 

animals my friends and I loved looking at, and certainly not with the outdoors, their home, words like "habitat" not yet 

being part of my vocabulary. 

Comment ID 1126.001.001 

Author Name: Brown R. 

Organization: Tampa Bay Nitrogen Management Consortium 

Good afternoon my name is Rob Brown, I work for Manatee County government and currently serve as cochairman of 

the Tampa Bay Nitrogen Management Consortium. 

And again, we want to thank you again for this opportunity to comment on E.P.A.'s water quality standards for the state 

of Florida's lakes and flowing waters. 

My comments today support and expand on comments I made at the February 17th public hearing in Orlando. As 

previously mentioned, Manatee County is a member of three national estuary programs, Tampa Bay, Sarasota Bay, 

and Charlotte Harbor. 

Manatee County policy makers and technical staff are very involved in all three programs, and the County supports the 

efforts of establishing and implementing the requirements of the respective comprehensive conservation management 

plans, or C.C.M.P.s. 

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Comment ID 1127.001.001 

Author Name: Reiner M. 

Organization: 

Good afternoon, I'm Monique Reiner. I'm a resident of Lake County, Florida. I am also a member of Lake County Farm 

Bureau, and I am a second generation peat harvester. 

Comment ID 1128.001.001 

Author Name: Blancher II E. 

Organization: Sustainable Ecosystem Restoration LLC on behalf of CF Industries 

My name is Dr. Eldon C. Blancher, II, of Sustainable Ecosystem Restoration, L.L.C., and I am an environmental 

scientist who has spent the larger part of my last 30 years working on nutrification and nutrient issues within the state of 

Florida. 

I am here on behalf of C.F. Industries, which has asked that I review the scientific merit of E.P.A.'s proposed numeric 

nutrient criteria for Florida. 

Comment ID 1129.001.003 

Author Name: Merriam J. 

Organization: Sarasota County 

In 2005, the County, in partnership with the Southwest Florida Water Management District, began to develop a water 

quality management plans which will develop water quality level of service or water quality targets for each of our bay 

sheds. 

Since some of our bays cross geopolitical boundaries, we are working with the Sarasota Bay Estuary Program and the 

Charlotte Harbor National Estuary Program to develop bay-wide targets for each bay in the National Estuary Program 

area. 

We developed a pollutant load model called SIMPLE that allows us to model pollutant loading from and to any 

geographic area. Our goal is to manage the loading from the watershed to our receiving waters in order to provide 

protection of full aquatic life support and meet and sustain our designated uses. 

Sarasota County is a bay centric community which fully recognizes not only the intrinsic value of our bays, but their 

economic value to our tourism-based economy. 

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Further, Sarasota County taxpayers and citizens have freely invested in the restoration and protection of our land and 

water resources. In 2005, Sarasota County taxpayers passed the 250 million dollar bond issue to purchase and protect 

environmentally-endangered lands and urban park land. 

In 2007, they passed a 1 penny sales tax to support infracture improvements, including about 25 million dollars for 

water quality enhancement and settlement abatement projects, and we are in the process of trying to double that by 

obtaining grants, such as two 319 grants that we currently have been awarded and are beginning to work on as well as 

cooperative funding programs from the Southwest Florida Water Management District. 

The County continues to reduce the number of wastewater treatment plants, going from approximately 133 in 1988 to 

33 today. The wastewater flows have been consolidated into larger, more efficient County owned and operated 

wastewater plants. 

Additionally thousands of old septic tanks have been abandoned and replaced with central sewer. Millions of them -­

millions have been spent on regional stormwater treatment systems, such as the Celery Fields project, where a 350­

acre wetland treatment system has become an internationally known birding venus with sightings of 206 species of 

birds to date. 

The City of Sarasota and Sarasota County have moved to reuse of reclaimed wastewater or deep well injection in an 

effort to reduce or eliminate surface water discharges from our waterways. 

Additionally, we have adopted a fertilizer rule, developed low impact development standards and a manual, we 

developed a volunteer seagrass monitoring program as well as a scallop monitoring program that is additionally looking 

at such things as parafitan and micro algae and identifying to species, so we are able to actually map extensively our 

seagrasses. 

We have developed the first tidal creek index in the state of Florida, which looks at macro invertebrates and other 

benthic organisms. 

All of these investments are paying off in improved water quality, and our biological indicators of ecosystem health are 

showing that our estuarine waters are not impaired for nutrients, but rather are beginning to show positive trends. 

Comment ID 1130.001.001 

Author Name: McCarthy L. 

Organization: 

I am Linda McCarthy with Lykes Brothers. Lykes owns approximately 340,000 acres of contiguous land in Glades and 

Highlands county. We go from the southeast of Lake Istapoka over to the east to the western edge of Lake 

Okeechobee and then almost down to the Caloosahatchee River. 

The primary agricultural activity is cow/calf, so it's fairly low intensive area, there is a lot of unimproved pasture, natural 

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Chapter 2 - Comment Documents Background 

areas left in. We also have large stands of forestry products, eucalyptus and pine, and then a few higher intensity areas 

of citrus, vegetable, and sugar cane. 

Comment ID 1131.001.001 

Author Name: Hlis J. 

Organization: Little Lake Wilson Lakefront Association 

Good evening, and thank you for allowing me to have the opportunity to speak. My name is John Hlis, I'm with the Little 

Lake Wilson Lakefront Association in Lutz, Florida. 

Comment ID 1131.001.006 

Author Name: Hlis J. 

Organization: Little Lake Wilson Lakefront Association 

Somebody had mentioned about asking for monitoring records. And that company in Orlando, all we could get for the
 

records request is their word that it was done. We couldn't get copies of those records, because they contracted it out to
 

them, so they weren't allowed to send it to us. So their response from the State agency was it was done, but we couldn't
 

see the records.
 

And, you know, if you had somebody looking for records and maybe putting some big fines on, maybe this thing could
 

get a little better in that way.
 

MR. KING: Do you -- do you have a written statement as well?
 

MR. HLIS: Yes. Yes.
 

MR. KING: Okay. Just need to finish up in a few minutes here, a couple seconds. You have had about five minutes.
 

MR. HLIS: All right. Sorry.
 

Comment ID 1134.001.001 

Author Name: Daltry M. 

Organization: Sierra Club 

My name is Marti Daltry. I am conservation organizer for the Sierra Club, Fort Myers office. I'm also a board member 

and past president on the Caloosahatchee River citizens association known as Riverwatch. 

Good afternoon, and welcome to downtown Fort Myers, known as the River District. I've been a resident for 34 years. I 

work, shop, and enjoy downtown Fort Myers. In the past three years Fort Myers has gone through extensive 

renovations with street-scaping and businesses being redone. It's flourishing, and it's great to see people downtown 

enjoying the restaurants, the parks, our art galleries, and other amenities. 

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The Caloosahatchee River is an integral part of our downtown area. Across the street from this facility you have 

Centennial Park. It's a riverside park that's the site of numerous festivals, concerts, and other culture events. Our boat 

launch and our yacht basin serve boaters throughout Southwest Florida. The river is the heart of our downtown 

community. 

Comment ID 1135.001.001 

Author Name: Naja M. 

Organization: Everglades Foundation 

Good afternoon. I am Dr. Melodie Naja, a water quality scientist at the Everglades Foundation. Prior to joining the 

foundation, I was a professor at McGill University in Canada, and a research officer at the National Research Council of 

Canada. I have more than 10 years of experience in water pollution control and remediation. 

Comment ID 1138.001.001 

Author Name: Waldo E. 

Organization: 

My name is Eric Waldo, I work for a -- one of the dreaded fertilizer companies. We sell fertilizer, specialty fertilizer, good 

fertilizer. It's all good fertilizer. 

Comment ID 1138.001.006 

Author Name: Waldo E. 

Organization: 

I'm not going to talk about those things, but I will tell a quick story. About ten years I was part of a group, I was the 

county agent for -- actually for these counties here, I worked with -- we had got all the regulators together in Florida, we 

said we're going to help one farmer comply with all of the different rules. 

And we got us all in a big room, and we added up at one point, I believe it was 54 agencies that one farmer had to 

comply with. And we all sat down in a room, and we sat there, we got -- all met together, and we said we're going to 

help this farmer make a plan for his farm where he would comply with everything, every B.M.P., every right way to do 

things. 

And we sat there and we went through meeting after meeting after meeting for years and years. And I left the university, 

went into other things, and the meetings kept on going for years. 

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Chapter 2 - Comment Documents Background 

And the final conclusion from the grower was it couldn't be done. The farmer actually quit farming, because he realized 

how many agencies and how many criteria, how many overlapping criteria they had to deal with. 

Once they put the numbers to paper, they -- they said, "Fine, you guys win, you're right, let's just quit farming." So they 

quit. 

Comment ID 1138.001.007 

Author Name: Waldo E. 

Organization: 

And that's the bigger question that we have here in Florida, I believe, and across the United States, do we believe -­

pristine water, the best way honestly to have pristine water would be everyone leave and every once in a while we allow 

a certain number of people to could come in and walk around the state and enjoy the view and enjoy the water without 

any effect on it, and then they have to leave and they come back. We maybe let a hundred in a year. Cumberland 

Island I think lets in a few a year. And then we'll have as pristine a environment as possible. 

I don't think that's reality; no one here does. So now we have to ask the big question, is agriculture going to be a part of 

our future? Do -- do people want that to be part of our future? And what I would encourage people to do on both sides is 

to sit down, sit with the farmers and -- and those in agriculture and say let's find a real answer. 

Pristine is nice. Like I say, I love water, love fishing, and all those things. Is there a way to peacefully coexist where we 

can use fertilizer, it's a good thing, it feeds a lot of people, it increases production by ten -- ten times on average, is 

there a healthy medium here that we can all live with. 

I appreciate y'all's time, and any way we can help, let us know. Thank you. 

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Comment ID 1139.001.001 

Author Name: Steadham P. 

Organization: Tampa Port Authority 

Good afternoon. My name is Phil Steadham, I'm the environmental director at the Tampa Port Authority here in Tampa. 

I'll make my comments brief so I don't repeat. I know we have all said a lot of the same thing. 

The Port Authority is a member of the Tampa Bay Estuary Program and also the Nitrogen Management Consortium. 

Comment ID 1139.001.002 

Author Name: Steadham P. 

Organization: Tampa Port Authority 

We've participated in and we fully support the efforts by both of those groups to establish numeric nutrient targets to 

restore and protect seagrass beds and restore environmental conditions in Tampa Bay to levels that were observed in 

the 1950s. 

Comment ID 1139.001.003 

Author Name: Steadham P. 

Organization: Tampa Port Authority 

Waste load allocations agreed to by more than 40 public and private participants have resulted in an equitable 

distribution of nitrogen across all sectors and sources in the bay. U.S. E.P.A. and F.D.E.P. are also active participants in 

that process. They have also provided written concurrence at every step along the way. 

The -- the Port Authority has recently submitted written comments on the proposed rule, and we strongly support the 

efforts by the consortium in establishing total nitrogen and total phosphorus loads that are appropriate, defensible, and 

most importantly, are achieving the desired improvements to seagrasses and water quality in Tampa Bay. 

Comment ID 1140.001.001 

Author Name: Hilliard D. 

Organization: 

Good afternoon, gentlemen, I'm Dan Hilliard. I've been a resident of Florida for most of my 61 years. I live up near 

Yankeetown on the Withlacoochee -- the Lower Withlacoochee River. 

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I have in the span of my life watched the waters in Lake Okeechobee turn from clear to what they are today. I have 

watched Lake Clinch, which is in Frostproof, Florida, where I was raised in my early years, turn from a clear water, 

sandy-bottomed lake to something that I would not set foot in right now. 

In 1970, I fished the Merritts Mill Pond, and it was a lovely water body. I gave it my last effort in the late 1880s, and it 

was -- or 1980s, rather. I'm not that old. And it was a mess 22 years ago. 

I'm executive director of Withlacoochee Area Residents, and most of our members do live on the lower river up there. 

We have quite a -- an interesting cross-section of members, primarily white-collar professionals that include Silicon 

Valley entrepreneurs, numeric physicists and engineers, geophysicists. 

Comment ID 1141.001.001 

Author Name: Coe J. 

Organization: 

My name is Jerry Coe, and I have been working for the last three years in conjunction with the Florida Department of 

Environmental Protection and Hillsborough County E.P.C. trying to get enforcement on mobile wash operations of 

commercial vehicles. 

Comment ID 1141.001.005 

Author Name: Coe J. 

Organization: 

That book got a reply back from Cesar Cebada dated August 18th of 2008. In mid 2008, mid August of 2008, Florida 

released -- finally released it's B.M.P.s for mobile wash operations of commercial vehicles. 

We have gone through numerous complaints and investigations, only to be discussed, according to Hillsborough 

County E.P.C., as per our best professional judgment, they're de minimis, nothing to worry about. 

Well, if you're washing 20 trucks a day, times 52 weeks a year, that's quite a bit of trucks, that's quite a bit of sludge, 

quite a bit of T.K. -- T.K. -- T.P.K.P.D. going in, it's quite a bit of nitrogen going down the drain, oil going down the drain, 

zinc, baromium, all of them, and they're hitting our stormwaters. 

Comment ID 1142.001.001 

Author Name: Bertelstein G. 

Organization: 

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Chapter 2 - Comment Documents Background 

My name is Gayle Bertelstein, and I'm a member of the Sierra Club's Tampa Bay group. I'm not a scientist specializing 

in numeric standards, but I can tell you that -- having lived in Florida for 50 years, some of the things that I've seen that 

have happened under this policy of subjectively judging biological imbalance. 

When I first moved here, I went to Flamingo, down at the bottom of the state, right -- sits right on Florida Bay. And you 

could hardly sleep at night for the noise caused by the mullet jumping in the water and the splashing that was going on. 

I went back there three years ago, and there were no more mullet. 

The same thing actually has happened in Tampa Bay. In the neighborhood where I live, near Tampa Bay, the neighbors 

who have lived there for a long time tell me they had the same problem with those darn mullet, they were just making so 

much noise, splashing around. Well, now we are lucky if we see three or four in the course of the summer. 

Another thing that has happened in our neighborhood is the stormwater runoff. There are several small lakes there and 

canals, and they have gotten so full of muck that the shorebirds that used to come there for refuge from the -- from the 

beach no longer want to come there. 

Our neighborhood association decided to take legal action, and it was hard to find somebody to take legal action 

against, because nobody wanted to claim responsibility for those areas, but we finally were able to get some action, and 

now there are stormwater traps set to help prevent some of that coming into the -- to the water. 

Another thing that I had seen, a speaker spoke earlier of the dead fish, that happened right here in Tampa, right in 

Tampa Bay, right in downtown Tampa, we were shoveling fish up by the barrel full. The smell was impossible. And it 

was like 

that for two or three weeks, the smell over the city. 

Well, you can imagine what that does for tourism, or even does for the quality of life of the people who are living here. If 

you look at Florida from an aerial map or a 

satellite view, you see that really, it is the state of water. And everything that is controlled here is controlled by water. 

Comment ID 1143.001.001 

Author Name: Bruderly D. 

Organization: 

Clean water is one of the major reasons why Florida is a desirable place to live and work. Millions of resident Floridians 

want to keep Florida water clean and our land productive. Why do a handful of business interests seek to sacrifice this 

resource? The answer is simple; in this case they either seek to continue unsustainable activities that exploit Florida's 

most precious commonly held resource or they seek to start new activities to make an easy profit from an unsustainable 

activity. 

Comment ID 1143.001.004 

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Chapter 2 - Comment Documents Background 

Author Name: Bruderly D. 

Organization: 

As a young environmental engineer I managed a project in 1975 that officially identified and documented the fact that 

storm water runoff from Tallahassee lawns and streets was the major source of pollution of Lake Jackson, Lake 

Munson and eventually Wakulla Springs. It took many years to translate scientific fact into legislation, laws, rules, 

programs and funding for education and enforcement that is finally starting to correct years of ignorance and neglect. 

Comment ID 1150.001.001 

Author Name: Davis A. 

Organization: 

Al Davis, 2790 45th Street South in Gulfport, Florida. I'm at the end of the pipe on what comes from upstream. And I am 

involved for the last eight years as a resident in a very small area of housing on an impaired water body, Clam Bayou is 

the name of that water body. And in microcosm, it is the Florida problem. 

We have worked with -- with minimal results with the political process with D.E.P. and SWFWMD in getting this 

resolved. It's an obvious problem. When my wife Cindy and I moved there, there were manatee, dolphin. It had formerly 

been a commercial oyster harvesting area. It was rich with wildlife, and there were many birds, although we found later 

that there were very few left, even when we were there. 

Now there are no manatee, there are no dolphin, we haven't seen a blue crab in five years, the birds have voted with 

their beak and have moved to a stormwater pond across town because the water is cleaner. 

There are five houses on our cul-de-sac. Three years after I moved there, I was diagnosed with cancer, given three 

months to live. I am here by virtue of chemotherapy. 

Two doors away, my next-door neighbor, Joey Paul, died two years later, brain cancer. My next-door neighbor Ray has 

cancer. 

Comment ID 1150.001.005 

Author Name: Davis A. 

Organization: 

Another issue with the T.M.D.L.s is that they have assumed certain things. Best management practices are applied to 

places like golf courses. We can observe a golf course, it's right at the edge of the bayou. And for years it's been a huge 

pollutant. 

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Chapter 2 - Comment Documents Background 

It's a point source, it's not a non-point source, and it should not operate under an exemption from the Clean Water Act, 

nor should any golf course. 

We -- we see the fertilizer streaming from that golf course nearby, and we know the effect of it. So please, when you -­

when you see the comments from D.E.P., and SWFWMD particularly, know that even in the newspaper, we found that 

when they were pushed to the limit recently, they sent their program manager down there, but that person admitted they 

had not seen that bayou in ten years. 

17 million dollars of taxpayer money, the manager had not seen it in ten years, and they will tell you today that all is 

well, and I will tell you that it is not true. 

Comment ID 1152.001.001 

Author Name: Watson S. 

Organization: Florida Wildlife Federation, Sierra club, Audubon Society and Native Plant Society 

Good evening. My name is Susan Watson. I've been an educator for 37 years in Hillsborough County. I'm a member of 

the Florida Wildlife Federation, the Sierra Club, the Audubon Society, and the Native Plant Society, and I have lived and 

loved Florida for over 60 years. 

I am addressing you this evening as a representative of our local Seffner-Mango Community Plan here in Hillsborough 

County representing 20,000 residents. 

For two years, our community plan has been -- we have worked on this community plan for two years and have voted 

our number one priority to preserve and protect the environment. And I brought that with me this evening. 

We live in the Pemberton/Baker Creek Watershed. I have attended state and regional D.E.P. and E.P.A. meetings as a 

stakeholder for Baker's Creek. Baker's Creek is an important -- is important to Hillsborough County's water and has a 

history of fecal coliform and pollution. 

Baker's Creek has been ranked in the past as a D waterway due to sewage being dumped there. Baker Creek runs 

north to Lake Thonotosassa, Hillsborough County's largest lake. 

Comment ID 1153.001.001 

Author Name: Ghent R. 

Organization: CF Industries 

Good evening. I am Richard Ghent, and I am the director of community affairs, phosphate operations, for C.F. 

Industries, one of the largest manufacturers and distributors of phosphate and nitrogen fertilizers in North America, and 

one of the founding members of the Tampa Bay Nitrogen Management Consortium. 

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Chapter 2 - Comment Documents Background 

From 1998 until 2006, I served as manager of operations for C.S. Tampa Terminal and Warehouse, located on 

Hooker's Point. This facility routinely ships over one millions tons of fertilizer per year from the Port of Tampa to 

midwest farmers and around the world. 

I'm also a biologist with 32 years of experience in environmental health and safety management issues. 

Comment ID 1153.001.004 

Author Name: Ghent R. 

Organization: CF Industries 

How did this happen? Well, at my company, C.F. Industries, we are proud to say that we were a part of this effort. Let 

me give you some examples of how we implemented rigorous stormwater controls and best management practices. 

C.F. installed a stormwater collection system and a retention pond to collect drainage from our fertilizer warehouse, and 

we used water hyacinths for nutrient uptake. We have significantly reduced nitrogen and phosphorus loading to the bay 

as a result of these practices. 

C.F. uses dust control additives to reduce fugitive emissions from our operations. And the Hillsborough County 

requirements for managing opacity during vessel-loading operations are stringent and rigorously enforced. 

C.F. also purchased and maintains a street sweeper for the facility to collect any fertilizer spillage from truck unloading 

operations. C.F. uses recycled conveyer belts between our railroad tracks to facilitate fertilizer cleanup from railcar 

unloading operations. 

And C.F. designed and installed a system to collect fertilizer spillage from conveyer belt transfer points to keep it off the 

ground. 

There are many other examples I could cite tonight, but our housekeeping practices are exemplary, and we pride 

ourselves on maintaining this standard as part of our normal operating mode. 

Comment ID 1156.001.001 

Author Name: Carr R. 

Organization: 

We own and operate a small 125 space campground near Bushnell Florida. Like most of the small rural campgrounds 

our season is short and most of our cliental spends the winter months here and are long gone after a few months. 

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Chapter 2 - Comment Documents Background 

Comment ID 1160.001.001 

Author Name: Rehill J. 

Organization: 

My name is John Rehill, from Duette, 

Florida. Florida is a -- is a groundwater state. Most of our water does come from the aquifer and from -- and in doing so, 

nothing becomes more of a threat to our water here than mining, the phosphate mining, the strip-mining, of which you 

can Google and you can see hundreds of thousands of acres that have been just left as nothing but moonscape. 

They get away with this through a process of only being regulated and being permitted through each county. Now, they 

get these -- because it's less than 25 years, they get these 24-year temporary permits, which doesn't force them to 

completely restore the land, which they're gladly to walk away from, anywhere -- anyway. 

But in doing so, there is a few problems. One thing, this is the April 1st paper. All that fine print, 91 percent of that in that 

print are Mosaic variances. 

Now, so it doesn't really -- it's a toothless watchdog if they're going to sit there and hold them to certain regulations, and 

then they let it go for a year or two until it bumps back and everybody has forgotten about it, and then all they have to 

do is post a variance, and local reps, who have already pretty much quit and they're getting their pay from them, sort of 

let them slide on that. 

And -- and what they need to do is be taken away from that. One way to do it, you've got it in your file, the one thing that 

I know is a burden to the E.P.A., and right in the next -- the next county over here, Polk County, there is 40,000 people 

that for over 25 years have been living with radiation that's a hundred times in some cases and in a few of the cases 

300 times your acceptable level. 

Your E.P.A., I think it was on -- it was at the insideepa.com, it had an interview saying on the 1st, you are supposed to 

be appointing somebody for your region 4 administrator. Well, the first thing on that ticket was supposed to evaluate 

that. 

By your own -- by the E.P.A.'s calculations, you are looking at 11 billion dollars to clean that up. There is not going to be 

one dime of that coming from the phosphate companies, and it's all in phosphate mining. 

There is 40,000 people that are living with that. And I know they keep pushing it back, but there is a good way to set a 

precedence on them saying that we can -- we will not allow you any more to get temporary use. There is nothing else. 

Which this proves it. I mean, these people are still suffering. And there is -- there is over 4,000 different residences that 

are being affected by it, too. 

And that's the only case that you've got where they have tried to do anything else with this land. As far as farming it, 

putting pine trees and planting grass on a piece of land is sort of like, and I hate to say this, but it's sort of like taking 

somebody to the earth, it's like taking somebody who just lost their child or puppy. That's how insulting it is. 

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The microflora, everything that has to do with it is all an insult to injury. It's a total insult to injury. They are walking away 

from it, they just -- they gut their -- their small shell corporation that they do until they can sit there and go bankrupt. 

Now, as far as the nitrogen goes and all these experts -- experts that have been coming up, back in the '80s for a 

couple times, I worked at wastewater treatment plants. I did assessments for a micro biotech firm. 

And the largest thing that I had to deal with with all of them -- and I was the first one to introduce computer models to all 

-- nine cities along this -- this whole coast. That it would -- the nitrogen and phosphorus that was in the -- in the aeration 

tanks and settling tanks, and the most expensive thing you have to -- you buy in a wastewater treatment plant are the 

polymers and metallics. You'll pay $400 for a bag of that. 

And what they use that for is when you've got 5 million gallons coming in, or 20 or 50 million gallons coming in, and you 

have to empty out your digesters, you've got to do it one way, you pour expensive material in there, which also makes it 

toxic -- the sludge much more toxic. 

And another thing, the -- the mining companies continue to say that they don't get any evaporation. There is probably, I 

don't know, at least 10,000 acres out there, and you can Google it, of turquoise water. 

All that turquoise water, when you look -- that's not beautiful Florida water, that's all hot water, that's all hot water that 

will kill your fish, your animals, your plants, anything it touches. And it's sitting there, it's not being dealt with one. And 

one thing it is being -- doing is it's evaporating. And evaporating like that, that's -- if you do the figures, and we used to 

have to do that on retention ponds, wastewater treatment plants, tens of millions of gallons, and you could even go back 

and you could find out how much this state has paid for these polymers and these metallics, and it's in the -- it's in the 

hundreds of millions of dollars that we have paid just for that because we -- we haven't been dealing with the fertilizer 

situation. 

And I say those that sit there and say you don't want to shake things up because of the -- of the competition, nothing 

provides a level -- level playing field like regulation that makes everybody abide by it. 

I thank you very much. 

Comment ID 1161.001.001 

Author Name: Kirkland F. 

Organization: 

Yes, sir. I'm Frank Kirkland from Bowling Green, Florida. I'm in -- I live about a quarter of a mile from the Polk County 

Tractor Seselby Mine {phonetic spelling}. 

There is a lot more than water that's the problem, but water's -- if we get rid of the water problem, we will probably get 

rid of the rest of it. 

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Chapter 2 - Comment Documents Background 

I hear -- you only hear a few good things brought out by Mosaic, C.F., and their paid experts, and our government in 

Florida. They -- they issue variances so commonly every day, you could get on their site and pay to get the public 

records. 

A couple in my mind right now, they just give variances for reclaiming a couple of mine sites there in Hardee County. 

They give a ten-year variance, they're a couple of years behind already when they get the variance, and there is written 

right into that is an opening for another variance when they get through with that -- playing with that variance. 

And the whole thing is they don't have the material to fill the hole in unless the County lets them dig another hole, and 

then they can fill a little bit of the hole. 

Comment ID 1161.001.003 

Author Name: Kirkland F. 

Organization: 

I just noticed in a meeting not too long ago, C.F. had come up with this idea of filtering the water and putting it back in 

the aquifer, the water they had dumped all these truckloads of acids and the oils and stuff in. 

They said they are going to filter it through sand. Now, this is -- this part of it is just my thinking. I might be wrong, but I 

doubt it. Where are they going to get the sand to filter this water with? Right out of the tailing piles where all of that junk 

has been run through. 

Comment ID 1162.001.001 

Author Name: Arvanitas P. 

Organization: 

Hi, my name is Peggy Arvanitas. I'm actually from Pinellas County, lived here over 38 years, and my great-grandmother 

and great-grandfather were married 62 years of marriage and lived in St. Petersburg, so we're long-time St. Petersburg 

residents. 

I had the opportunity to do an E.P.A. filing in 2006 and the environmental bug bit me, it was 2002-68 docket, one to five 

acre proposed (inaudible) and permitting, had a lively discussion with a Dr. Weisberg, another scientist, and we've been 

one-upping each other ever since, from biodegradation by accumulation and toxicity of synthetic-based fluids. 

But what I want to turn your attention to is I happen to be the proud repository of Florida D.E.P. records requests. I 

discovered them in a Public Service Commission records request from 2003, sat on them for two years, Jeb Bush left 

with Castile, and so I got my little records request. 

And so my concerns is I think our little D.E.P. is gaming the system and aren't as truthful as they should be, so I want to 

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call your attention to three different -- three different things I'm going to talk about today. 

Comment ID 1162.001.002 

Author Name: Arvanitas P. 

Organization: 

So we spent 1 billion dollars for reservoirs that are now in violation of the Clean Water Act. So I want know who takes 

responsibility for this bolded coverup and waste of taxpayer dollars. 

Comment ID 1162.001.004 

Author Name: Arvanitas P. 

Organization: 

The last thing I discovered in a -- I guess a lawsuit of a lab technician of the D.E.P., Tom White. And in his lawsuit, he 

actually tested in the St. Lucie area that pours out of Lake Okeechobee to the east, he said that the phosphorus was off 

the charts, his boss was threatening another worker there doing testing for the pollutions. 

And, of course, they fired him, but not before, from the e-mail records request, Jeb Bush pulled Kevin Neal, Castile, and 

Sole into meetings for eight months. The man was fired. Instead of 90 days in human relations board, they tied him up 

for over a year and a half so that the E.P.A. could promulgate rules with the D.E.P., which I believe was a little 

subversive. 

But he talks about a weakness with STORET, your -- your database, your T.M.D.L., the report card that the D.E.P. 

uses. 

Comment ID 1163.001.001 

Author Name: Carroll R. 

Organization: Carroll Brothers Nursery 

Good evening. I'm Richard Carroll of Carroll Brothers Nursery. We have a retail nursery in St. Pete and a wholesale 

growing operation in Clearwater. 

Comment ID 1163.001.003 

Author Name: Carroll R. 

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Organization: Carroll Brothers Nursery 

Five years ago, our wells went salty on our wholesale operation, and we went to recycled water in order just to have 

water to grow plants. But the County couldn't keep up with the demand of water, as far as the pressure. But it took us 

two years proving that with the County as to what the problem is. And working with SWFWMD and everything, we was 

able to do it. 

Two years later, we was looking for another way of watering to -- because we needed quality water for our plants. 

Plants need good water just like everything else. 

And with that, we got into the best management practices and we started watering using Aquamax. We were using 18 

million gallons a year watering, and by doing it and using the best management practices, we went down to 1.2 million 

gallons of water, which made a terrific difference. 

But at the same time, we even tweaked the fertilizer. We are using 50 percent less fertilizer, getting 30 percent more 

growth. 

So using nitrogen, we don't use it unless we have to. But there is a time that you've got to use a certain amount of it. I 

have absolutely no runoff running off the place from the plants. We checked it according to the B.M.P. standards and 

everything else. 

Beside my place, we have a ditch of which is supposed to run all the drainage out. We haven't had any water in that 

ditch, but because of the County blocking it up, now water has to run uphill, so it all ends up on my property. 

Comment ID 1163.001.004 

Author Name: Carroll R. 

Organization: Carroll Brothers Nursery 

And even though I have done my good deed, put several thousand dollars into following the best management 

practices, I'm getting the bad end of the stick here. 

Comment ID 1164-1.001.003 

Author Name: Baer W. 

Organization: City of Altamonte Springs Public Works and Utilities 

The City of Altamonte Springs prides itself in being a front runner in water conservation. The City owns and operates 

the City of Altamonte Springs Regional Water Reclamation Facility (RWRF), a 12.5 million gallon per day advanced 

wastewater treatment facility. Our RWRF serves our City limits and receives flow from the surrounding county and local 

municipalities. With mounting pressure from the local water management district to reduce groundwater consumption, in 

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the early 1980's the City invested in upgrading our wastewater facility to provide advanced treatment. The higher 

treatment process allowed the City to pursue its progressive wastewater reuse project known as "Project APRICOT" ­

"A Prototype Realistic Innovative Community of Today". The construction of Project APRICOT's reclaimed water 

distribution system began in 1988 and to date serves 98.5% of the City limits. This resource has allowed the City to 

maintain groundwater usage rates at 1990's levels while increasing our customer base through new and redeveloped 

propelties. System upgrades to the RWRF and construction ofthe transmission system have totaled roughly $45 million. 

Comment ID 1164-1.001.009 

Author Name: Baer W. 

Organization: City of Altamonte Springs Public Works and Utilities 

This information in this letter is not intended to be all-inclusive of the City's objections to the proposed EPA criteria. The 

City reserves the right to amend this response by providing additional written or oral objections as this information 

pertaining to impacts from proposed criteria becomes available. 

Comment ID 1165.001.004 

Author Name: Commenter Anonymous 

Organization: 

Narrative standards can indeed be useful as an interim measure, so long as sufficient definition has been established to 

make them meaningful and enforceable. However, they also serve as a delay mechanism, and in Florida that has 

happened. The Court-required remedy is in order. 

Comment ID 1166.001.001 

Author Name: Christensen C. 

Organization: Estero Bay Buddies, Fort Myers Beach Yacht Club, and the Fort Myers Beach Chamber of Commerce 

My name is Chris Christensen. I live year round in the Fort Myers Beach area, and I'm here to represent Estero Bay 

Buddies, the Fort Myers Beach Yacht Club, and the Fort Myers Beach Chamber of Commence. 

I have worked in the -- for the Southwest Florida tourism industry for the past 13 years, mostly operated ecotours on 

and around our local waterways. I've seen firsthand what happens when our waters become choked with things such as 

algae, and it is devastating to our tourism based economy. However, I'm not here to take an adversarial position 

between the tourism and agriculture industries. Both play a very valuable role in our local economy. 

I've seen some progress made in cleaning up our waterways since the News-Press' Stop the Muck campaign several 

years ago, but frankly, not as much as I would like to see. That campaign and others have addressed the massive 

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algae blooms that adversely impacted the tourism industry in the Caloosahatchee River watershed. I testified then at 

Florida Gulf Coast University, and I'll testify now at Harborside Event Center, that both our industries will gain more from 

a cooperative spirit than from an adversarial relationship. 

Most of our visitors come here because of our beautiful beaches and pristine environment. Their activities are primarily 

based on and around our waterways. The impressions they carry back, both to this country and abroad, have a 

profound impact on our future. As you know, word-of-mouth advertising is the most powerful advertising there is. 

Conversely, negative comments are devastating, and they carry long-term consequences. 

Comment ID 1167.001.003 

Author Name: McMillan S. 

Organization: 

I would also like to note that when I saw those union workers here, I support them and I want them to keep their jobs, 

but they also deserve to have children who have clean water and a quality of life. 

Comment ID 1169.001.001 

Author Name: Hendry J. 

Organization: People for Protecting the Peace River 

Good evening, and greetings from Lily, Florida. My name is Jenny Lee Hendry, and I have lived in Florida for all of my 

51 years, and I am proud to say that I am a fifth-generation Floridian, one of those well-known crackers that surface 

every now and then. 

My family were pioneers in the Peace River Valley and have long loved and husbanded the Peace River and its many 

tributaries, such as Horse Creek, Payne Creek, Whidden Creek, Charlie Creek, and several other creeks and trickles 

that feed the Peace River that in its 116 south river flow -- 116 mile course down to Charlotte Harbor provides a source 

of drinking water and multiple recreational opportunities along its banks. 

I am here today both as a private citizen and as a representative for People for Protecting the Peace River. We are a 

local not-for-profit. We are located in Hardee County, which is about 55 miles southeast of Tampa. 

Comment ID 1169.001.003 

Author Name: Hendry J. 

Organization: People for Protecting the Peace River 

From my childhood onward and from my family's experience there, the Peace River was once one of the most beautiful, 

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pristine waterways in Florida. Sorry. 

It had a sandy bottom, crystal clear water, and it teamed with wildlife. There was otters, and wild turkey, and bobcats, 

and wild hogs. Many of our family, we lived off that land, and we husbanded that land, not to mention the lunker bass 

and the big snook that still come upriver. 

Comment ID 1170.001.001 

Author Name: Collins B. 

Organization: 

Hi. My name is Brian Collins. I moved to Florida in 1998 to study oceanography, and I have spent countless hours on 

Florida's bays, beaches, rivers, estuaries, and swamps, many of them contracted to the U.S.G.S. to monitor 

groundwater flows and surface water quality. 

Comment ID 1171.001.001 

Author Name: Sharp P. 

Organization: 

Hi, I'm Pat Sharp, and I'm from Sarasota. I have lived in Sarasota for 17 years. And I am an avid windsurfer, and I 

spend about a hundred days a year on the water, or at least I did until February when I had surgery. 

I have metastatic cancer, and I'm undergoing chemo right now. And my oncologist has told me that my cancer is 

environmental in nature. I believe that it came from the pollution in the water. 

And I understand that nobody can say exactly what pollution caused which cancer at what point in time, but since I 

spend so much time on the water, and we know there is toxins and chemicals in the water, I think that's where it came 

from. 

Comment ID 1174.001.001 

Author Name: Reske S. 

Organization: 

Thank you, Jim. And how are you? I'm Sue Reske. I'm a licensed realtor in the state of Florida. I'm a founder of Greater 

Charlotte Harbor Group of the Sierra Club and an active member of the ongoing community organizations in and 

around Charlotte County. I'm going to make it quick, actually. My husband and I moved to this area ten years ago from 

the -- it was Chesapeake area, e specifically for the boating and recreational opportunities found in and around 

Charlotte Harbor. 

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Comment ID 1175.001.001 

Author Name: Rohrer K. 

Organization: 

Kathleen Rohrer, Gasparilla Island, Lee County. Wildlife rescue rehabilitation, sea turtle and shorebird monitoring, land 

preservation, trail clearing and monitoring, birding, citizen environmental activism, and I clean up okay. 

Comment ID 1176.001.001 

Author Name: Tilton A. 

Organization: Johnson Engineering, Inc. 

Good afternoon. I'm Andy Tilton, a civil engineer, and I work at Johnson Engineering here in Southwest Florida. I'm a 

lifelong resident of Lee County and, at 52 years, the Seminoles would say I'm just a newbie. They might ask who's 

going to be leaving so that things would get back to the way it was 150 years ago when they came. 

Comment ID 1177.001.001 

Author Name: Vance A. 

Organization: Bonita Springs City Council 

Thank you. Good afternoon. My name is Audrey Vance. I'm the city attorney representing the City of Bonita Springs City 

Council. 

Bonita Springs is a 40-square-mile southwest city with beautiful waterways. We have the Gulf of Mexico, we have the 

Estero Bay, the Imperial River, and we have a lot of creeks -- Spring Creek, Rosemary Creek, Orange, Oak Creek, 

Leitner Creek -- and a multitude of man-made lakes and canals serving as retention areas. We have a downtown with a 

river running through it, and we serve as the headwaters of the Calusa Blueway, which is 190 mile -- and I'm sure 

everyone here knows this -- but it's a 190 mile kayak and canoe paddling trail that starts in Bonita Springs and goes 

throughout the Gulf of Mexico, all the way to Boca Grande, which is beautiful, historic Florida. So it's obvious that Bonita 

Springs is a downstream protection area that the rule is attempting to protect. 

However, just like our waterways, Bonita Springs City Council is just as diverse. We have elected officials that are 

environmentalists, fiscally conservative retirees, pragmatic businessmen. So having them reach a consensus on the 

comments for proposed rule-making is probably almost as unique as our waterways. 

Comment ID 1178.001.002 

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Author Name: Ruff R. 

Organization: 

Before moving here, I lived in New Jersey, where I was received my degree in chemistry. 

Can I lift this? Does it work if I do that? Okay. 

Where I received my degree in chemistry from Rutgers University and worked as an environmental analytical chemist 

for seven years. I think moved into advocacy work, where I provided technical support for citizen suits under the Clean 

Water Act, lobbied for watershed protection from nutrient, pesticide, and mercury pollution, and coordinated public 

participation for the New York New Jersey Harbor Estuary Program. 

Comment ID 1178.001.004 

Author Name: Ruff R. 

Organization: 

My family and I enjoy fishing in canals, canoeing, kayaking, and tubing on the rivers. Our favorites are the Loxahatchee, 

Imperial, Withlacoochee, Ichetucknee -- are you getting all those? Turner, Suwannee Rivers, and Fisheating Creek. We 

fish in the Gulf of Mexico and on Florida Bay, on the west side, and we snorkel and scuba on the rock and coral reefs 

on the East Coast. 

Comment ID 1178.001.009 

Author Name: Ruff R. 

Organization: 

I now live on the Big Cypress Seminole Indian Reservation, about 50 miles south of Lake Okeechobee, where we 

receive surface and groundwater that has Everglades Agriculture Area nutrient and chemical contributions. The STAs 

are routinely treated with herbicides to control overgrowth of vegetation, which is due in part to the nutrient-laden 

waters, which they are intended to treat. 

Comment ID 1179.001.003 

Author Name: Peterson M. 

Organization: Palm Beach County Soil & Water Conservation District 

You know, a lot of people talked about, you know, it used to be like this, and ten years ago it was like this. Yeah, it was. 

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25 years ago, when I moved it here, it was a completely different place, and what's changed is, is we have increased 

our population. So when we increase our population, we increase our pollutants on the environment. The one thing that 

hasn't changed is that the farm -- the farming has actually gotten lower in numbers. We've lowered the numbers of 

farms. We've increased the amount of concrete. We've increased the amount of homes. We've increased the amount of 

toilets flushing into the ocean. 

So what we need to do is think about what we can do to educate homeowners on overfertilizing their lawns, on thinking 

about where their sewage is going, on lobbying their local government to clean up its act. 

Comment ID 1179.001.005 

Author Name: Peterson M. 

Organization: Palm Beach County Soil & Water Conservation District 

We're very proud in South Florida of our efforts, and I have to disagree with the lady before me as far as the EAA's 

water is concerned. The water that comes out of EAA is actually cleaner than what comes into it. There is evidence of 

that. 

Comment ID 1181.001.003 

Author Name: Griffiths B. 

Organization: Tampa Bay Sierra Club 

We all know that the best way to clean up our waters is to do it in the most efficient manner. And Hillsborough County is 

currently working on a fertilizer ordinance to reduce nutrients and phosphates. 

Comment ID 1182.001.001 

Author Name: Mangel J. 

Organization: Gulf Coast Lakes & Wetlands 

Hello. My name is Jeff Mangel, I'm with a company called Gulfcoast Lakes and Wetlands. We're an environmental 

restoration company that specializes in taking care of lakes, ponds, wetlands, all sorts of water bodies throughout the 

Tampa Bay area. We work from New Port Richey all the way down to Sarasota taking care of everything from small 

retention systems in peoples' backyards to large public and private lakes. 

Comment ID 1183.001.003 

Author Name: Costello C. 

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Chapter 2 - Comment Documents Background 

Organization: Sierra Club 

Our coalition's goals are, one, to ensure that the proposed standards will be based on the best science currently 

available and will not be compromised by pressure from polluter organizations or interests or by any government 

agency representing those polluter interests; and two, to keep the E.P.A. from bending to the pressure it is receiving 

from the state's polluters. 

For the record, I would like to list the coalition members. We are Earth Justice, Florida Wildlife Federation, the Sierra 

Club, St. Johns River Keepers, Conservancy of Southwest Florida, Environmental Confederation of Southwest Florida, 

The Everglades Foundation, Audubon of Florida, Clean Water Action, Clean Water Network of Florida, Environment 

Florida, Surfrider Foundation, The Arthur R. Marshall Foundation, The Snook Foundation, Gulf Restoration Network, 

United Water Fowlers, Manasota 88, Pure Water Coalition, Wolfe Mouth Charters, Friends of the Everglades, Three 

P.R., People For Protecting Peace River, Emerald Coast Keeper, Holsinger Horticultural Services, The Defenders of 

Wildlife, Sanibel Captiva Conservation Foundation, Around the Bend Nature Tours, National Parks Conservation 

Association, Indian River Keeper, Caloosahatchee River Citizens Association, Tropical Audubon Society, Marine 

Engine Surveyor, Incorporated, Save the Manatee Club, Reef Relief, P.O.W., Protect Our Watersheds, Council of Civic 

Associations, Withlacoochee Area Residents, Conservation Alliance of St. Lucie County, Florida Consumer Action 

Network, Gus's Crabby Adventures, Wilcox Nursery and Florist, Solutions to Avoid Red Tide Start, Lemon Bay 

Conservancy, Palm City Civic Association, Gulfcoast Conservancy, Alva, Inc., Friends of the Arthur R. Marshall 

Loxahatchee National -- National Wildlife Refuge, Outdoor Travel Productions, Incorporated, Rusty Chinness 

Contractor, Incorporated, Pine Island Consulting, Incorporated, Yard Green of Tampa Bay, Manatee-Sarasota Fish 

Association, Marine Resources Council, Our Sante Fe River, Florida Coastal and Ocean Coalition, Coastal Wildlife 

Club, Sante Fe Lake Dwellers Association, American Health Trust, Concerned Citizens of Gibsonton, Friends of the 

River, Ocklawaha Valley Audubon Society, Florida League -- League of Conservation Voters, Friends of the 

Fenholloway River, Environmental Alliance of North Florida, Hope of Taylor County, All Native Garden Center in Fort 

Myers, Association of Florida Native Nurseries, Coccoloba Chapter of the Florida Native Plant Society, Putnam County 

Environmental Council, Martin County Conservation Alliance, Ralph Brooks, Attorney, in East Cape Coral, South 

Florida Audubon Society, South Florida Economic Foundation, Grant's Gardens, Incorporated, League of Women 

Voters of Lee County, Estero Council of Community Leaders, EcoSMART, Wakulla Watershed Coalition, Sarasota 

County Council of Neighborhood Associations, Concerned Citizens of Bayshore, Lee County Artificial Reef Association, 

Coastal Task Force, Real Building, Friends of the St. Sebastian River, Citizens For the Revitalization of Temple 

Terrace, Temple Terrace Redevelopment Task Force, Temple Terrace Preservation Society, Friends of the Temple 

Terrace Parks and Recreation, Gulfcoast Lakes and Wetlands, Landings Fish Club, Cape Coral Friends of Wildlife, 

Community Stepping Stones Foundation, Partnership For Sustainable Future, Rita's Roadside Country Store, Florida 

Keys Citizens Coalition, Save Our Aquifer, Endeavor Green Electric Hybrid Yachts, Electric Marina Boat Rentals, 

Florida League of Conservation Voters Education Fund, Greater Pine Island Civic Association, Save It Now Glades, 

Isaac Walton League Florida Keys Chapter, Panhandle Citizens Coalition, Audubon Society of the Everglades, 

Loxahatchee River Coalition, Beautiful Ponds, Audubon of Southwest Florida, and The Sanibel Island Fishing Club. 

Whew. 

Comment ID 1188.001.001 

Author Name: Mattos L. 

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Chapter 2 - Comment Documents Background 

Organization: 

I'm Linda Mattos. My husband and I live up in the river. My husband and I are business owners in Lee County, and I 

thank you for this opportunity to tell the Mattos story of life and homeownership on the. This morning I did some HOLT 

data gathering. For those of you who don't know about HOLT data gathering, it is homeowner low-tech data gathering. 

And I have three things to present to you. 

In 1988 my husband and I bought an old house a few miles up the Caloosahatchee from here. The river bottom was 

rich with grass. We had schools of mullet and jack, which were occasionally chased and eaten by dolphin. Manatees 

grazed. Crabs, catfish, and skates roamed. Dozen of redfish tailed. Herons, egrets, osprey, eagles, pelicans, 

kingfishers, anhinga, cormorants, gulls, and terns fed. 

In 2008 we had the 1953s house removed and replaced it with our forever home, a strong, airtight energy efficient 

disaster resistant building made with steel framing and structural insulated panels. We can withstand a Category five 

hurricane and are saving about 50 percent on heating and cooling costs, when compared to a similar sized house built 

to code. Over the years we have replaced invasive exotics and customary landscape plants with natives, HOLT data. 

We grow our fruits and vegetables organically. We are doing our part for environmental quality. HOLT data, if you're 

hungry. I can't leave it here. Do want it? 

MR. KING: Sure. I'll take it. I can't drink now. Thank you. 

MS. MATTOS: You're welcome. 

MR. KING: Let the record reflect that I just ate a tomato, I think, from somewhere close to the Caloosahatchee, and it 

was delicious. 

MS. MATTOS: Today, sad to say, the river bottom is bare. Few river critters can be found, so our feathered friends are 

feeding elsewhere. This morning I dipped a bucket into the Caloosahatchee and here is what I found. 

MR. KING: I'm not eating that. 

MS. MATTOS: You can have this one. 

Comment ID 1189.001.001 

Author Name: Hushon J. 

Organization: 

I am Judy Hushon, a Ph.D. toxicologist from Collier County. I have over 40 years of consulting experience. I'm currently 

using this background to help protect the environment and people of Southwest Florida on a volunteer basis. 

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Comment ID 1190.001.001 

Author Name: Adams K. 

Organization: 

Good afternoon. My name is Kathy Adams, and I'm here to speak out of concern for the future of the state where my 

husband and I, our children and grandchildren, were born and have lived our entire lives. Over the years our families 

have traveled extensively throughout our beautiful state, enjoying all sorts of recreational uses of our rivers, springs, 

beaches, and we've been become familiar with their natural systems. 

All three generations have many fond memories of different trips, exploring the multitude of natural areas Florida has to 

offer. The changes that our state has undergone and that I have witnessed over my lifetime causes me sadness for my 

grandchildren, and what their children might never be able to enjoy. 

Comment ID 1190.001.005 

Author Name: Adams K. 

Organization: 

One example of this is a trip we took to Silver Springs. I have gone to the springs several times over my lifetime, 

starting with infancy. I have delightful childhood memories of riding the glass-bottom boats and the crystal waters with 

the silvery bottom and many large schools of fish. I passed that image along to my grandchildren in stories. So two 

years ago we took our entire family to experience the springs. Much to our disappointment, the beauty I once knew was 

gone and now replaced by murky water full of floating algae so thick that you could not see the silver bottom any longer, 

and the fish were so few. 

Comment ID 1192.001.001 

Author Name: Neill G. 

Organization: Gulf Coast Lakes & Wetlands 

Good afternoon. My name is George Neill, I'm an environmental scientist with Gulfcoast Lakes and Wetlands. And I 

would actually just like to take a chance to -- to thank everyone for being here. Regardless of your allegiance or opinion, 

our presence alone means that we care about our state, and that's something that no one should have to apologize for. 

Comment ID 1192.001.005 

Author Name: Neill G. 

Organization: Gulf Coast Lakes & Wetlands 

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Chapter 2 - Comment Documents Background 

I'm unfortunately not that -- not that old, I turned 26 yesterday, but I have lived here my whole life, and I have seen a 

constant degradation from, you know, when I was just a kid fishing, you know, it's -- and it's a very sad -- sad state that 

we found ourselves in. 

Comment ID 1194.001.001 

Author Name: Spitzer K. 

Organization: Florida Stormwater Association 

26. I'm Kurt Spitzer, and I'm taking speaker number 26's place as I need to be somewhere at 6 o'clock, and I'll correct 

this with your technical folks outside. 

I'm with the Florida Stormwater Association, a 300 organizational member nonprofit association in Florida that is 

involved with stormwater management and finance programs. 

We are strong supporters of the T.M.D.L. program, of the BMAP program. We have been intimately involved with the 

development of these programs from both from a legislative and regulatory side for the past 11 years in Florida. And so 

we have some familiarity with these programs and have some thoughts about how the next iteration of them should be 

structured. 

But before we get to some advice, let me quote Jimmy Palmer, a former colleague of yours from Region 4, "Before we 

get to advice, let's get to reality," to quote Jimmy. 

Comment ID 1195.001.001 

Author Name: Meyer C. 

Organization: 

My name is Charles Meyer, I'm from central Florida. I live at 1263 Golden Pond Drive. To my generation, it's Golden 

Pond Drive, or Golden Pond; to the younger generation, it's Blue Lagoon. But that's the reason I'm here. Golden Pond 

is not as gold as it used to be. Blue Lagoon is not as blue as it used to be. 

I was born and raised in central Florida. I have lived there 73 years. The lake that I live on I have lived on for 15 years. 

The -- I have recreated on the lake for 68 years of my 73 years. And I have watched the lake degradate from a lake that 

at one time supplied all the water to the local air force base back during the second world war. Believe it or not, I was 

alive back then. I was a youngster. 

But at that time, I was swimming and recreating in that lake when they were drinking water out of that lake at the air 

force base in the city that I live in. 

Basically, my lake is not a large lake. You know, I'm -- I'm -- I'm really overwhelmed at all the things that I didn't know 

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Chapter 2 - Comment Documents Background 

were going on in this world, or in the state of Florida. I mean, I feel like my challenge is nothing compared to some of 

the challenges that I have heard presented by these different people. 

But, you know, everybody has their -- say their little pond or their little lake. And, you know, I am very attached to this 

lake. I have been the watch hog since 2004, when the first contamination and pollution occurred to the lake. 

The golf course that basically is on one-third of the lake frontage has been there since 1911, which is 93 years. They 

decided in 2004 to completely reconstruct the golf course and regrade it, and they tilled it up. And we had three 

hurricanes in a row. And, of course, all of the lake -- all of the golf course that had been tilled up drained into the lake. 

And, of course, the first -- the next summer, we had growth from the bottom of the lake to the top of the water. And 

that's going on for five years. And I -- you know, I basically have regretted that I did not report this to the Water 

Management District at the time, but I did not think it was the thing to do. And I have kicked myself in the rear end ever 

since this happened. 

For the last 63 days, I have been fighting the municipality, our municipal government, because they decided to clean 

out a retention pond that drains and overflows into this lake. And they are not in the 21st century. 

They did not put a closed dewatering system to take the water table down 15, 14 feet, which they could do with a sock 

system, which is a P.V.C. sock with a 7 micron filter on it. Consequently, they have been discharging water that is 

turbid. Turbidity is as high as 215, which is basically just pure mud. It's like a waffle batter. 

In that particular pond, retention pond, there are also all types of toxic chemicals, mercury, ephyline, five kinds of 

Benzene, Florathine, in quantities and measurements that exceed, you know, all the thresholds of the class three 

surface water citation, the F.A.G.C. 62-302-530. 

My reason being here is, you know, I have been working on this, I have hired an environmental engineer, I have gone to 

a lot of personal expense to try to protect this lake, but I have got a long road ahead. 

And I want to really thank the Sierra Club for having -- sponsoring this program today. And I will do everything I can to 

support it. I might -- I haven't joined the Sierra Club, but I think I'm going to do it if they have got a form where you can 

fill out to do it. And I thank you for your time. 

Comment ID 1196.001.001 

Author Name: Ryan N. 

Organization: 

Good afternoon, my name is Nicole Ryan, and I would like to thank you for coming here to listen to the community, and 

I very much appreciate the opportunity to provide to you my perspective. 

Comment ID 1196.001.004 

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Chapter 2 - Comment Documents Background 

Author Name: Ryan N. 

Organization: 

As a member for the past 13 years of the Lake Trafford Restoration Task Force, I can attest to the tremendous amount 

of community, agency, and local government support for cleaning up the lake. And after spending nearly 16 million 

dollars, the job of removing 3.5 million cubic yards of muck is nearing completion. 

Comment ID 1196.001.006 

Author Name: Ryan N. 

Organization: 

One very relevant example in Collier County is Lake Trafford a 1500-acre, freshwater lake that has for years been 

plagued by excessive inputs of nutrients. Lake Trafford, located in the Immokalee area, functions as the headwater of 

the Corkscrew Swamp, the Imperial and Cocohatchee Rivers, and the Camp Key Strand, and it's utilized by numerous 

listed species and protected migratory birds, which makes it significant from an environmental perspective. In addition 

as an economic engine for ecotourism, especially sports fishing, its role in the Immokalee community is also 

noteworthy. The lake has no distinct outlets at normal water levels and only a few point source inlets, making it 

susceptible to ecological problems associated with the accumulation of nutrients. It is considered hypereutrophic, 

susceptible to algae blooms and reduced oxygen levels. 

Comment ID 1197.001.001 

Author Name: Hecker J. 

Organization: Conservancy of Southwest Florida 

Good afternoon, Jennifer Hecker on behalf of the Conservancy of Southwest Florida and our more than 6,000 

members. 

Comment ID 1198.001.001 

Author Name: Worley K. 

Organization: 

Good afternoon, my name is Kathy Worley, and I live at 4304 Montalvo Court in Naples, Florida. And I've been a 

biologist for 20 years. 

As a scientist who deals with water quality on a regular basis, I have seen the impact of pollution, whether it be from 

point or non-point sources, and the effect it has on our environment and the species that live in and use our waterways. 

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You have no idea how many times I've been asked, particularly by the public, "What's the state standard for this?" Or 

"Does this mean, this number that I'm giving you as a report, is this good or bad?" 

Comment ID 1199.001.001 

Author Name: Latif C. 

Organization: 

Hello, and thank you for coming. My name is Cheryl Latif, and I live at 294 Fourth Street South in Naples, Florida. 

Comment ID 1201.001.001 

Author Name: Bender J. 

Organization: 

Hi, my name is Jessica Bender. I too am a wildlife rehabilitator in Southwest Florida. As my coworker pointed out, often 

we do receive calls from concerned citizens about massive fish die-offs as a result of algal blooms followed by reported 

pesticide use near golf courses and other communities. 

We also receive many debilitated birds for unknown reasons as well as many with symptoms of red tide. We need to 

look at these indicator species higher up in the food chain as a sign that things do need to change. 

While algal blooms are sometimes the result of natural causes, many callers also note that they notice pesticides being 

sprayed in the area prior to their noted fish kills. 

Many of these people calling us may not be aware of the issue at hand or realize the implications on human health as a 

result of algal blooms from excessive nutrients in the water. 

So I feel I'm not only here, you know, speaking on behalf of myself, but also for these people that call us and ask why 

are they seeing these fish kills. I don't think that they realize also what may be going on in their area. 

Comment ID 1203.001.002 

Author Name: Crooks A. 

Organization: 

I have spent most of my life in Florida, as our parents moved us down here to take advantage of the warm weather, 

beaches, and boating opportunities. 

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I have traveled throughout much of the state, from camping on the beach at St. George's Island on the Apalachicola 

Bay to wading in the waters off U.S. 1 in the Keys. I would skip my college classes at Stetson University to enjoy 

swimming with the otters and fish at Blue Springs in central Florida. 

My parents told me I learned to swim in our backyard canal. And when I was older, we would take the boat out on the 

Caloosahatchee and cool off in the river on those hot summer days. 

Comment ID 1204.001.001 

Author Name: Fernandez C. 

Organization: 

Hi. I prepared something different, but I'm just going to tell a personal story instead. I was touched by the personal story 

that I heard earlier from the couple who built their home on the Hillsborough River 50 years ago. 

MR. KEATING: Could I interrupt you just to state your name? 

MS. FERNANDEZ: Yes. 

MR. KEATING: Thanks. I need you to state your name, if you don't mind. 

MS. FERNANDEZ: Oh, I'm sorry, my name is Cyndi Fernandez. And -­

MR. KEATING: I'm sorry, I got you off your groove. 

MS. FERNANDEZ: I'm nervous, but it's okay, because I'm here because I care about water quality. And I remember the 

river, the Hillsborough River in the '70s, when I swam in it and fished in it with my family. And I agree, it's not the same 

river. 

I feel a connection to that river, and it's -- it's like a dear friend to me. And that friend is now sick and vulnerable. And as 

many of our other treasured waters are in the state, I feel that I want to advocate for their care as -- as I would for a 

loved one. 

Comment ID 1205.001.001 

Author Name: Deitche S. 

Organization: G.P.I. Southeast on behalf of Eastern Associated Terminals 

Thank you very much. My name is Scott Deitche. I am a water resources project manager with G.P.I. Southeast in 

Tampa, and I have over 15 years of experience in Tampa Bay in water quality, seagrass, and fisheries. 

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I'm speaking today on behalf of Eastern Associated Terminals, a fertilizer storage and loading facility on Hillsborough 

Bay and a long-time member of the Nitrogen Management Consortium. 

Comment ID 1206.001.001 

Author Name: Lawler S. 

Organization: 

Hello my name is Stephanie Lawler, and I am a student at the University of South Florida in St. Pete. 

I would first like to thank all of you for allowing me the opportunity to discuss my opinion and my experience with the 

issues at hand. I have lived in Florida my entire life, and though I have only been in the St. Pete area for about a year, I 

have witnessed the degradation of our waterways. As a child, my parents and I used to travel every summer over and 

spent a good amount of time with my grandparents. 

My dad used to tell me stories of his experiences in the Tampa Bay waters. It upsets me to know that I will not be able 

to swim, nor would I choose to swim in our bay waters, along with the fact that my children won't be able to swim if we 

continue this route. 

Excuse me, I'm a little nervous. 

For this reason, I decided to go into the environmental studies program and focus on water quality. I -- we spend a lot of 

time in our waterways with the SEAS organization, which at U.S.F. is the Students of Environmental Awareness. 

I personally have cleaned up the bays after our algae blooms. And as many could probably understand, picking up 

dead fish and turtles could ruin someone's day. So it is slightly upsetting to see how this is affecting us in the smaller 

scale along with the bigger scales. 

Comment ID 1207.001.001 

Author Name: Coutant S. 

Organization: 

My name is Stephanie Coutant, and I am a U.S.F. St. Pete student. I grew up and was born and raised in Brevard 

County on the Indian River Lagoon Estuary. 

Comment ID 1208.001.002 

Author Name: Sheppard M. 

Organization: 

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A couple of weeks ago, the City of Bradenton went to the planning commission, and since then probably to the county 

commission, to ask that we change the rules in Manatee County. 

Instead of protecting the drinking water of Bradenton by saying no reclaimed water in the watershed of Lake Evers, 

some developers and the City came forward to ask that they, of course, be -- take their point of development out of the 

watershed and let them use reclaimed water. 

And in the process, they said, well, you know, those of us who might be concerned about water going underground or 

over ground and carrying some more nutrients into -- "Oh, but, you know, just a few feet down, why, there's no problem 

in the water." And I find that hard to believe. I just find it hard to believe that some of this couldn't be a problem. 

Then a few years ago, several of us concerned citizens in our part of the county were concerned because a developer 

wanted to go in the floodplain of the lower part of the Manatee River. When I say lower, I mean below the dam. 

Because we have two dams and two reservoirs in Manatee County. I think we are unique in that regard. 

Anyway, the developer wanted to put about six houses, and it was where you are supposed to put in septic -- central 

sewer. And you are -- the rule says you are supposed to do that. 

Well, he didn't want to because the neighbors didn't want to give him permission to go there. Well, eventually, it boiled 

down to three houses and that they would use some extra good septic tanks that were supposed to be developed in 

Monroe County to keep pollutants out of the river. 

And at that point, the County was sort of interested in, you know, how effective are septic tanks. Well, they had some 

hearings, but then it just sort of fell -- drifted away and they didn't care much anymore, and nothing ever was changed in 

the rules, because after all, Florida has a health department with rules for septic tanks, and that's good enough, you 

know. "We did what the rules said, so the water is protected." Well, I don't know whether it is or is not because I am not 

a scientist, but I am concerned. 

So last week on Thursday at the planning commission comes a request to also -- the property completely, 35 acres, I 

believe, well, maybe it's not that big, maybe it's 10 or 15 acres, next to the Manatee River, upstream a bit, that already 

had a house built in the 1920s and a septic tank and all, they wanted to put, you know, a pier for fishing and a nice boat 

ramp to put in. Um, water's rather shallow. At high tide maybe, but otherwise very shallow. 

But no one was concerned at all when questions were asked about the septic tank. "Well, oh, it's been updated, and no 

one hardly uses that house." Yeah, but that would make it a recreational thing. But they never thought of saying, "Well, 

how many people are going to be using this septic tank?" 

And it was fairly close, it was right down near the old house, next to the river, you know, you went out on the cement 

steps and walked down the -- to the river. 

Comment ID 1209.001.001 

Author Name: Swormstedt G. 

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Organization: 

Thank you. I am Gerry Swormstedt, and I live in Sarasota. First came down here in the -- in 1960. My husband's 

grandparents lived down here. And we bought a place out on Longboat, and the waters were gorgeous, and we had 

seahorses running around. 

And it was, oh, I think at least eight years before we encountered a red tide. It was not too long, but -- but pretty smelly 

and pretty bad. And we didn't have air-conditioning in our cottage, so we had to get out. 

But everybody said, "Oh, that happens maybe every seven, eight years." And then -- so -- and it was, it was probably a 

good seven or eight years before another one came around. 

But then they've increased, they've increased in duration. And so this gives me pause, anyway, which is one reason 

why I've been working on better fertilizer laws. 

Comment ID 1211-1.001.001 

Author Name: Threet J. 

Organization: Alico, Inc. 

Alico is the owner and operator of approximately 136,000 acres of land in five counties in Central and South Florida: 

Colli er, Glad es, Hendry, Lee and Polk. We are a diversified land management company growing food and agricultural 

commodities including cattle, citrus, sugar cane, sweet corn and green beans. We have been managing this land for 

over 100 years and are recognized as good stewards of the land and water. Water is the single most important factor 

that we manage in producing these crops. We are vitally interested in the quality of the water we use and re-use, as 

well as the cost of this water. 

Comment ID 1211-1.001.007 

Author Name: Threet J. 

Organization: Alico, Inc. 

I want to reiterate how Florida's growers and the agriculture community understand the need and share the desire to 

protect the quality of our state's lakes, rivers and streams. We want clean water and we are committed to achieve this, 

in a responsible manner. We look forward to the opportunity to work with the Agency to seek solutions to the problems 

identified and development of scientific based data. 

Comment ID 1212.001.001 

Author Name: Simon L. 

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Organization: 

Hi. My name is Leslie Simon, and I've lived in South Florida for 42 years. My husband and I have worked, played, 

raised our children and owned businesses here. We have followed the issues and lobbied for clean water for at least 30 

years. That's a long time. I've been preceded by some well-qualified, articulate speakers, so I'm only going to say a 

short thing. So she has my time. 

Comment ID 1213.001.001 

Author Name: Reynolds R. 

Organization: 

I would be grateful to you for a few moments of your time to discuss the attached letter (first attached item) and thus No 

Name Key's concerns over our polluted waters and my community's challenging struggle to be connected to the 

proposed central sewer system here in Monroe County. 

No Name is a very special place and one that for years the majority of residents in our community have been working 

tirelessly to protect by a central sewer connection. Unfortunately, our island's waters have been found to be polluted. 

The obstacles and adversaries that we have faced, ranging from the local stakeholders such as the County and FKAA, 

to the DOH, DCA, and EPA will, I suspect, sadden and surprise you. 

It is my view and hope that you and your staff can greatly benefit by learning of our first hand experiences with Monroe 

County's "wastewater plan" and how terribly broken, biased, mismanaged, and discriminatory the current process is for 

Florida's citizens and taxpayers. It is a process that is wasting tens of millions of taxpayers' dollars. The current 

approach to wastewater in Monroe County is appalling and one that allowed to continue in its current form, will damage 

our environment and the citizens of Florida. 

It is also my hope that before steps are taken to extend the 2010 deadline or further change the applicable governing 

wastewater laws, the EPA and others will take a sincere interest in our concerns, as well as our desire to protect our 

island's precious resources. 

Thank you in advance for your kind consideration. 

Comment ID 1216-1.001.004 

Author Name: Griswold R. 

Organization: Northwest Florida Utility Managers Council 

The wastewater utilities in the area have methodically improved their process control ability and methodically worked to 

eliminate direct surface water discharges. That effort continues and we have one of the best records in the nation in this 

regard. Communities in this region are working hard on both structural and non-structural improvements to their 

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Chapter 2 - Comment Documents Background 

stormwater quality improvement systems. Some of the governmental agencies in this region have stormwater standards 

exceeding those of the State. Developers have worked hard to minimize turf grass so that fewer fertilizers and less 

water is needed to maintain the landscape. The military in this area has worked diligently to minimize sediment loadings 

to the waters in the region. Most all golf courses have fertilizer management programs to make efficient use of fertilizers 

and pesticides. Citizen groups on a volunteer basis regularly engage in water quality improvement projects including 

shore line re-vegetation, stream channel erosion control, stormwater BMP construction, and reef building. The 

Northwest Florida Water Management District spends huge sums of money to acquire land adjacent to streams, lakes, 

and estuaries and put them in conservation and preservation. Philanthropists have invested in conservation and 

restoration efforts that lead to water quality protections. The US Department of Agriculture routinely works with farmers 

on fertilizer management and soil erosion avoidance. The US Fish and Wildlife Service has leveraged their meager 

funds by teaming with volunteers to accomplish water quality improvement projects. Colleges and universities have 

increased the size of their basic science departments and increased enrollments in the environmental sciences as well 

as engaging in basic scientific study. The list is seemingly endless of the dedicated people willing to sacrifice for a 

sustainable future. 

Comment ID 1217-2.001.001 

Author Name: Voyles J. 

Organization: Mosaic Fertilizer LLC 

The Mosaic Company LLC ("Mosaic") appreciates this opportunity to offer comments on EPA's Proposed Rule on 

Water Quality Standards for the State of Florida's Lakes and Flowing Waters, 75 Fed. Reg. 4,174 (January 26, 2010) 

(to be codified at 40 C.F.R. Part 131) (referred to hereinafter as "the Rule"). 

Mosaic is committed to environmental stewardship and sustainability. We recognize nutrient management as an 

important statewide and national challenge, and we have long worked constructively in Florida and elsewhere to meet 

the growing needs for food throughout the world while protecting and preserving ecosystems around us. Mosaic 

welcomes the invitation to contribute positively to this rulemaking, which potentially has far-reaching implications in 

Florida (and, ultimately, throughout the U.S.). Though Mosaic has serious reservations about the scientific foundations 

supporting EPA's proposal, we are committed to helping EPA achieve a final Rule that is technically more sound and 

environmentally more effective. Mosaic's suggestions therefore respond concretely to EPA's solicitation of constructive 

comments that would help improve the Rule. 

Comment ID 1217-2.001.002 

Author Name: Voyles J. 

Organization: Mosaic Fertilizer LLC 

Mosaic is the world's leading producer and marketer of concentrated phosphate and potash, two of the primary 

nutrients required for agricultural production. Our business engages in every phase of crop nutrition development, from 

the mining of resources to the production of crop nutrients, feed and industrial products for customers around the globe. 

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Our customer base includes wholesalers, retail dealers and individual growers in more than 40 countries. 

Mosaic operates five mines and three concentrates plants in Florida that produce phosphate fertilizer and feed 

phosphate, as well as a concentrates plant in Louisiana that produces phosphate fertilizer. Mosaic's potash production 

capabilities are the second largest in the world, with an annual capacity of 10.4 million tons. Our principal potash 

operations are located in the United States and Canada. We operate four mines in Saskatchewan, Canada, including 

the world's largest potash mine, as well as mines in New Mexico and Michigan. 

Comment ID 1217-2.001.003 

Author Name: Voyles J. 

Organization: Mosaic Fertilizer LLC 

Our comments are organized as follows: 1) an overview of Mosaic's perspectives and a summary of Mosaic's key 

positions on the Rule; 2) comments on the Rule's approach to lakes; 3) comments on the Rule's approach to rivers and 

streams; 4) comments on the Rule's approach to springs and clear streams; 5) comments on the Rule's approach to 

alternative regulatory approaches and implementing mechanisms; 6) comments on the economic impacts and 

consequences of the Rule; and 7) comments on other issues related to the Rule. Although we recognize that EPA has 

since announced its intention to defer until 2011 its final consideration of the "Downstream Protective Values" ("DPVs") 

for estuaries that are proposed in the Rule, Mosaic also has strong views on and interests in any DPVs that EPA may 

finalize; accordingly, for EPA's consideration of that deferred component of the Rule, we also include a section of 

comments on the proposed DPVs. 

Comment ID 1219.001.001 

Author Name: Taylor J. 

Organization: 

Good afternoon, gentlemen. My name is John Taylor, I reside at 1141 Cokeel Street in Sarasota and have been a 

resident of Florida since 1959. 

I have worked professionally in Florida for 50 years as a marine biologist and have been involved in basic and applied 

research, consultation, outdoor education, and ecotourism. 

Additionally, as a volunteer citizen scientist, I have collected and analyzed water samples in the St. Bay -- St. Andrew 

Bay estuarine system of Bay County, Lemon Bay in Sarasota County, and Carl Creek in Charlotte County. 

Comment ID 1220.001.001 

Author Name: Ross E. 

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Chapter 2 - Comment Documents Background 

Organization: 

I'm going to take off my hat, because I was taught it's impolite to talk and be inside with a hat on. And I hope that this 

whole series that you have of visiting us in Florida is very polite. 

My name is Ed Ross, and I live at 4901 North Klondike Street, Tampa, Florida, 33604, and I am from Friends of the 

River and also Community Stepping Stones. 

And what I'm going to do is to give you more of a personal feeling of what your impact is on one life and many lives. 

And one of the things is is that I grew up -- or I spent two years in -- outside of Cleveland, Ohio. 

At that time, the Cuyahoga River caught on fire. I remember living a mile and a half from the shores of Lake Erie, and in 

junior high school seeing the fish piled up to the level of my knee, and I could smell it a mile and a half away. Lake Erie 

was declared a dead lake. The same thing for Green Bay, Wisconsin, and for water bodies all over the United States. 

Comment ID 1221.001.001 

Author Name: Krumreich T. 

Organization: 

Hi. My name is Tom Krumreich, and I have lived in Florida for 11 years, and I am a resident of Tampa. And in the past, I 

have lived on the banks of the Lower Hillsborough River. And currently, I kayak the waters of the Lower Hillsborough 

River. I am here representing myself, and I'm also here representing Florida Consumer Action Network, FCAN. 

Comment ID 1222.001.001 

Author Name: MacDonald L. 

Organization: Defenders of Wildlife 

Good afternoon. My name is Laurie MacDonald, I represent Defenders of Wildlife. Defenders of Wildlife is a North 

American conservation organization. We have an office in St. Petersburg, headquarters in Washington, D.C. I work as 

the state director for Defenders, and I'm a wildlife zoologist who lives in St. Petersburg. 

The most visible work that we do probably is from our work on larger animals, manatees and sea turtles, panthers and 

bears, but our mission really is the -- the conservation of biological diversity, the -- the web of life, from aquatic 

microfauna to right whales, all of which, all different times or trophic levels, should be monitored through -- throughout 

this process and in doing -- in setting standards and in amending those standards when necessary. 

Comment ID 1223.001.001 

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Chapter 2 - Comment Documents Background 

Author Name: Thomas J. 

Organization: 

Anyway, my name is John Thomas. My residence is at 6091 South Pleasant Grove Road, Inverness, Florida. That is in 

Citrus County, up in the Nature Coast, before we get to the Big Bend area. 

I am a member of the Hernando/Citrus County Farm Bureau. And I first got affiliated with Farm Bureau when I was 17, 

which was a few years ago. I am a member of the Citrus County and Florida Cattlemen's Association here in Florida. I 

am also a member of the Ag Alliance Group of Citrus County, which is based in Citrus -- or Inverness and Lecanto, 

Florida, which is where our government center is. 

I represent myself and my immediate family. I was born and raised in Florida. I grew up on a farm in western Citrus, 

southwest Citrus County, about 12 or 13 miles from the Gulf of Mexico. 

Our whole family was put through high school, grammar school, and some college through the efforts of our parents, 

which was on the family farm. 

We've always had cattle. We grew watermelons for 30 years in that county. Put up a lot of hay and all the necessary 

things to -- it takes to put a piece of meat on the table, or some of you may have had vegetables for lunch. You either 

had meat or vegetables or both, so we were involved in that. Been involved in it ever since I've been able to walk. So 

anyway, I am from an agricultural-based background. 

I'm from Citrus County. And our county has a lot of water in it. To the east of our county seat is the Tsala Apopka chain 

of lakes. We also have four rivers, which is the Withlacoochee, Crystal River, Homosassa, and Chassahowitzka. 

So water, clean water is very, very, very important to me. I mean, to me, it's -- I won't drink water everywhere. I -- I've 

got to know what water I'm drinking before I'll drink it most the time. So it's very important that -- to us. 

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Comment ID 1226.001.001 

Author Name: Muench G. 

Organization: Gus's Crabby Adventures 

Thank you. Good afternoon. My name is Gus Muench, I live at 3031 Southwest Manatee Avenue in Ruskin, ,I was born 

in Tampa in 1936 and been a commercial blue crab fisherman on Little Manatee River for 35 years. I'm also Gus's 

Crabby Adventures. I sit on the Agency on Bay Management, representing the commercial fishing, and I also sit on the 

Florida Blue Crab Advisory Board. 

Comment ID 1227.001.001 

Author Name: Pickel L. 

Organization: Collins Law Group 

Hi, my name is Lindsey Pickel, I'm with the Collins Law Group on behalf of a client that lives in central Florida on one of 

the many lakes. 

Comment ID 1231.001.001 

Author Name: Tait B. 

Organization: 

Hello. My name is Bill Tait, and I live at 1419 Mulberry Drive, Tampa, Florida. That is on the river, the Hillsborough 

River, and I have lived there for 19 years. 

Prior to that, I was -- lived seven years on my boat, and before that, nine years on Tampa Bay. So I've been able to 

observe the water very closely over the years of my years in Tampa. 

My education, I got -- have a -- got my degree at the University of South Florida as a hydrologist. I went to work for the 

Southwest Florida Water Management District after school. I worked there for five years, and when I left, I was director 

of water resource planning. 

I had attempted during my time at the Water Management District to do what you are doing now and get a point source, 

numeric -- numeric regulations. And I was very unsuccessful at doing that. 

I left the District rather disappointed, because when I went, I thought that I could make a difference, and no difference 

was -- yeah, I did make some differences, I -- but not what I thought I could. And I saw government corruption at that 

time, and resulting in some things that I was very disappointed in. 

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Sulfur Springs, unfortunately, was -- when I was here earlier and during that time, I used to swim in the spring all the 

time. It is now polluted and it is closed to swimming for everyone. That was one of the things that was a big 

disappointment to me, because of some of the government corruption. I shouldn't go into that any more probably. 

Comment ID 1233.001.001 

Author Name: Potter S. 

Organization: 

Thank you. My name is Sydney Potter, and I'm a native Floridian. However, when I first awakened to the Florida 

sunshine, there was no E.P.A., unless it stood for everybody's pollution accepted. There weren't enough of us to make 

much of a difference. 

Even in '55, when we built our home on the banks of the Hillsborough River, it wasn't too bad, and our children learned 

to swim in that river. Not today. Today, of course, half a century later, it's much different, and that's why I'm here. 

Comment ID 1235.001.001 

Author Name: Hammond D. 

Organization: Entrix 

Hello. My name is Dan Hammond, I am a project scientist with Entrix, a natural resource management and 

environmental consulting firm, where I focus on water quality and water resource issues. Prior to being with Entrix, I 

worked for the Florida Fish and Wildlife Conservation Commission in the harmful algal bloom toxin laboratory. 

Comment ID 1236.001.001 

Author Name: Stewart J. 

Organization: Tampa Bay Nitrogen Management Consortium 

Good afternoon, my name is Jeff Stewart, I'm an environmental superintendent for Mosaic, currently working at the 

Riverview facility. I also serve as industry cochair for the Nitrogen Management Consortium of the Tampa Bay Estuary 

Program. 

Comment ID 1237.001.002 

Author Name: McClellan D. 

Organization: 

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Chapter 2 - Comment Documents Background 

All the ag industry I know of is working with the Florida Department of Environmental Protection to improve our 

businesses and evolve best management practices that will help science help everyone to do a better job. 

I -- I am an environmentalist. I spent 2 million dollars on my dairy farm that I didn't have to spend just to make it better. 

We have not used any commercial fertilizer in over five years. We use our -- our waste. And we grow a crop year 

around to uptake that nutrient. Our -- my goal is to -- to balance that nutrient. 

There is no question that in agriculture that there has been some not good things many years ago, but what has 

evolved is good agriculture. We have to have time for the -- the farming that we are doing now to have its positive effect 

on the water by not doing any damage, by uptaking that nutrient and not allowing that to occur. 

Now, there is five generations of my family involved in our farm, and the fifth generation is my grandkids drinking our 

milk. Our company does employ 160 people. It -- it feeds a lot of people in the state of Florida. 

Comment ID 1239.001.002 

Author Name: Kemp P. 

Organization: 

I and my family are surrounded by the water who -- we live in Tampa, the Hillsborough River is nearby, Tampa Bay, and 

the beaches. I have raised two children here in this community, and I have been continually concerned about the water 

quality here. 

We live nearby the Hillsborough River, and unfortunately, as my children were growing up, I had to warn them not to 

wade in the river because of the pollution and to make sure the dog did not go in the river. 

When my son was about 12 years old, he came home one day, he had been with his friends out on the river, and came 

home soaked, and said he had ended up in the river when they were fooling around, got pushed in. And I totally 

panicked. 

Shortly afterwards, he ended up with a very serious infection in his foot where he had had a cut, and I have no doubt 

that it was due to that day when he was soaked. 

In 2005, we went to the beaches, we ended up not being able to stay at the beaches. I have some allergies. But I really 

just could not breathe there. My eyes were burning. The red tide was awful and -- and stayed awful for a very, very long 

time, as I remember it. 

As my family and I became more educated about our environment and our impact on it, we have changed our lifestyle. 

We no longer use any fertilizer at all on our lawn. We use very little water. We have eliminated most of our grass 

personally for our contribution. 

Comment ID 1240.001.004 

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Chapter 2 - Comment Documents Background 

Author Name: Nurse K. 

Organization: 

And the reason I mention that is that we actually have a fair bit of good news, I -- I think. You know, you all have 

recently adopted new automobile standards which will -- which will have a considerable impact, I recognize over time. 

I'm happy to say that when you sued the power industry, that TECO was the one power company in 19 -- or 2000 that 

settled. And so in 2004 and this year, they -- they converted their -- their two worst polluting plants, which has a 

considerable impact. Progress Energy also converted two plants. I should -- I should mention that cost 2 billion dollars, 

so it wasn't -- it wasn't free. The water -- the urban water treatment plants have been cleaned up considerably. I have 

lived here for 50 years, and I do remember when -- when the water from Tampa was -- was not treated, it was simply 

dumped into the bay. And the water from their treatment plants you could now drink. People don't feel comfortable 

drinking it, but -- but -- but it is clean enough to drink. St. Petersburg doesn't -- doesn't have any -- any runoff of our -­

into any lakes or rivers of our treatment. A number of communities -- I played a modest role in helping pass the fertilizer 

ordinance in St. Petersburg. The county commissioner sitting right behind me played the lead role in passing it in 

Pinellas County. It's really not hard to pass them along the coast, the problem is as you get inland, where the -- where 

the power shifts. 

Comment ID 1241.001.005 

Author Name: Latvala S. 

Organization: Pinellas County 

Pinellas County has been active in water resources management since the '70s, when stormwater master program 

planning process was initiated. 

Since that time, we have continued our commitment to restoring and preserving our most valued aquatic resources 

through water quality and environmental monitoring, watershed planning, implementation of the county's M.P.D.E.S 

permit, construction and operation and maintenance of water quality improvement projects, and the water quality atlas ­

- I'm sorry, the water atlas and other public education programs. 

From 2000 to 2015, this is a very important number, the capital expenditures in budget for water quality improvements 

and planning is over 40 million dollars. This does not include the millions more spent each year to implement the 

County's M.P.D.E.S. permit. 

To further this commitment, this past January, the Pinellas County Board of County Commissioners passed the 

strongest urban fertilizer management ordinance in the state, as was mentioned. And again, it's going to be overturned 

by those powerful lobbyists in Tallahassee, and -- and we'll start over again. 

Comment ID 1242.001.001 

Author Name: LarsenWalker M. 

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Organization: 

Okay, my name is Melissa Larsen-Walker, and I have lived in Florida for 11 years. Thank you for allowing me an 

opportunity to express my views. 

Comment ID 1242.001.005 

Author Name: LarsenWalker M. 

Organization: 

Sierra Club and other environmental organizations have helped to pass local and county-wide ordinances to address 

that issue. So there are some counties, you know, now Pinellas County, that are enforcing these fertilizer ordinances, 

but other counties are not and have nothing like that. 

Comment ID 1243.001.004 

Author Name: Murphy J. 

Organization: Gulf Restoration Network 

But I had an opportunity before the Tallahassee hearing to go to one of my favorite places in Florida, and that's Wakulla 

Springs. And I reflected on what Wakulla Springs had looked like when I was three, four, five, six years old and what it 

looks like now. 

Comment ID 1245.001.003 

Author Name: Compton P. 

Organization: 

Good evening, I'm Phil Compton, and I want to welcome you to my town. I have lived here for 33 years, and, like a lot of 

people here in Florida, our lifestyle is really based on our ability to enjoy the water. Most of our water is sick, so our 

lifestyle, our quality of life has really been impaired. 

You met my wife earlier today. She grew up on Madeira Beach. Last summer, we were able to enjoy the beach there at 

her mom's house before she passed away. There was a terrible red tide there in 2005, couldn't go out there at all. We'll 

never know if that had any effect on her mom's demise a few months later. 

But we built a house on Hillsborough River. My daughter was here earlier today, told you about how she has never 

been able to go swimming on that. She is 19 years old. 

First thing I ever did -- I have been a Sierra Club member for 30 years. I work for the Sierra Club. The reason I work for 

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the Sierra Club is because we think it's very important to take the kind of sensible action that we can take here. The 

first thing I ever did was back in the '90s, we had a little outbreak of medfly here, and the State Department of 

Agriculture sprayed malathion. Got all over the place. And with Tampa, how can you keep it 100 meters away, as is 

required, from any waterway with all the lakes that we have here. 

Comment ID 1245.001.005 

Author Name: Compton P. 

Organization: 

Some of my neighbors and -- here in Tampa grew up on the river in the '50s and '60s, and they call themselves river 

rats. They used to get out there and enjoy all kinds of things that are hard for us to imagine, those of us who came here 

in the '80s and -- and '90s to enjoy the river, because, you know, it was -- it was much more natural then, we didn't have 

the impairment. 

Comment ID 1246.001.001 

Author Name: Adams C. 

Organization: 

Good evening. My name is Colin Adams. I am here today speaking as a deeply-concerned Florida citizen and taxpayer. 

I was born in the Panhandle and raised by a nature lover who took me into wild Florida as often as he could, which was 

most of my life, still does it today. 

Comment ID 1250.001.001 

Author Name: Roth R. 

Organization: Florida Chamber of Commerce 

MR. ROTH: 73. 

Good afternoon, my name is Rick Roth, I'm a farmer in Palm Beach County, and I am -- today I am representing the 

Farm Bureau, I'm the vice president of Florida Farm Bureau. In August of 2008, the subprime mortgage meltdown 

exploded into a worldwide economic recession. And is economy going to recover this year? Most people think not. 

Greece is on the verge of bankruptcy because its debt exceeded its gross domestic product. Excluding off-budget items 

like Social Security and Medicare, the United States debt is 64 percent of our gross domestic product. If we continue 

down this path, we could be bankrupt by 2020. 

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Comment ID 1251.001.001 

Author Name: Hendershot J. 

Organization: 

MR. HENDERSHOT: Hi. My name is John Hendershot, I am a resident of Tampa, I am a psychologist, and I am a 

Sierra Club member. Tonight on several occasions I have heard the catch phrase "sound science" thrown up. And the 

truth is the problem is not that E.P.A. is ignoring sound science, the truth is that the government of the State of Florida 

has been ignoring sound science and also not valuing our environment enough. 

And we see the evidence all around us, throughout the state of Florida, that has resulted from the government here in 

Florida ignoring sound science. 

Comment ID 1252.001.001 

Author Name: Roche J. 

Organization: 

MR. ROCHE: Good evening. My name is Jesse Roche, and I'm a Manatee County resident. I've been a Florida resident 

off and on since 1981. 

Comment ID 1253.001.001 

Author Name: Loiselle N. 

Organization: Tampa Bay InnerCity Outings 

MS. LOISELLE: Hi, my name is Nicole Loiselle. I am the chair of Tampa Bay Inner-City Outings. We take inner-city 

children on outdoor experiences in the Tampa Bay area. I am also an avid outdoor enthusiast, I grew up on Lake 

Tarpon, which I heard somebody mention here today. And I'm giving my age away by telling you that when I grew up, 

we were able to swim in Lake Tarpon. 

Comment ID 1254.001.001 

Author Name: Lovely S. 

Organization: Pinellas County Utilities 

MS. LOVELY: Hi. I'm Sheri Lovely. I'm water quality program manager representing Pinellas County utilities. I want to 

thank you for the opportunity for you to hear our comments. I have also lived in the state of Florida for 30 years. In 

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north Pinellas County, we have an advanced secondary barden fall process wastewater reclamation facility that 

disposes its effluent through a reuse distribution system that falls partially within the Tampa Bay watershed. It has a 

total nitrogen allocation as part of the work done by the Tampa Bay Nitrogen Management Consortium. 

Comment ID 1254.001.005 

Author Name: Lovely S. 

Organization: Pinellas County Utilities 

Our north Pinellas facility has a 7 million gallon a day average daily flow, has a current operating and maintenance 

annual budget of 3.25 million dollars. Our south Pinellas County facility, with a 19 to 21 million gallon a day average 

daily flow, has a current operating maintenance budget of 10 million dollars. We have had to cut positions. Right now, 

they are in the process of cutting positions, okay, to meet these figures. We have cut them year after year. And we want 

E.P.A. to make it clear to the right people, other departments in E.P.A., what the monetary situation is. Thank you. 

Comment ID 1255.001.001 

Author Name: McLean J. 

Organization: City of Tampa 

MS. McLEAN: Good afternoon. My name is Jan McLean, and I'm assistant city attorney for the -- representing the City 

of Tampa, its mayor, and its administration. 

Comment ID 1255.001.003 

Author Name: McLean J. 

Organization: City of Tampa 

As a reminder, the City holds an M.P.D.S. permit for its advanced wastewater treatment plant on Tampa Bay. It also 

holds an MS-4 permit for its stormwater systems throughout its jurisdiction. 

The City of Tampa was an original member of the Tampa Bay Estuary Program and is a major participant in the 

Nitrogen Management Consortium to which you have had -- heard comments from already today. 

The Nitrogen Management Consortium, as you well know, was created to address the then water quality condition of 

Tampa Bay. And in the time since its creation, acres of seagrass has increased, habitat has expanded, and water 

quality improvement has been achieved. This has been the result through the voluntary actions and cooperative efforts 

of over 40 entities to comply with the federally-approved, already-existing T.M.D.L. 

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Comment ID 1256.001.001 

Author Name: Wilson K. 

Organization: 

MR. WILSON: Hello, it's Kevin Wilson from Monroe County, the Florida Keys. As I said yesterday to you, Florida Keys 

have 75,000 residents, and have a totally water, tourist dependent economy. We are converting everything to A.W.T. 

We have no direct discharges. 

Comment ID 1257.001.001 

Author Name: Campbell T. 

Organization: Florida Strawberry Growers Association 

MR. CAMPBELL: Good afternoon, my name is Ted Campbell, I'm the executive director of the Florida Strawberry 

Growers Association. 

Our crop covers an area of nearly 9,000 acres, 90 percent of which is right here in Hillsborough County, and we 

produce about 18 percent of the domestic strawberry crop. 

We are the primary production area during the four winter months of the year, with a farm gate value exceeding 300 

million dollars and an economic impact to this area of almost 900 million dollars. However, these are truly small family 

farms and businesses, family owned and multiple generations. They average just under 30 acres per farm, and they are 

often commingled with housing projects. 

We represent the largest crop value in Hillsborough County. 40 percent of the agricultural value of Hillsborough County 

grows on 5 percent of the land. 

Comment ID 1258.001.001 

Author Name: Frey C. 

Organization: City of St. Petersburg 

MR. FREY: Good evening, my name is Carlos Frey with the City of St. Petersburg. I will keep this very brief here. We 

are a member of the -- of the Nitrogen Management Consortium, and you have heard in quite detail the efforts we have 

put forth in -- in the cleanup of the Tampa Bay, and -- and quite successful at that. 

Comment ID 1259.001.001 

Author Name: Harrelson C. 

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Organization: 

MS. HARRELSON: Hi. My name is Cathy Harrelson. I'm from St. Petersburg. And just give me a second here. 

You know, everybody that comes up here has a niche they have -- they want to carve out. We've got no money, 

strawberry crop, sugar crop, utilities are spending millions. And, you know, I live in Pinellas County, I have worked -­

worked a lot with the County, they have done a fantastic job, and they are spending millions, and we don't have millions. 

But carve a niche, make an exception here. What are we here for? I mean, we've been doing that for years. It's never 

going to get cheaper than it is today. 

Comment ID 1261-1.001.019 

Author Name: Dinneen J. 

Organization: Volusia County 

We look forward to receiving the EPA response to our comments and appreciate the opportunity to actively participate 

in the appropriate NNC development. If you have any questions regarding these comments, please feel free to contact 

me at (386) 736-5341. 

Comment ID 1262.001.001 

Author Name: Redd W. 

Organization: Deseret Farms of Ruskin 

MR. REDD: My name is Will Redd, I am the manager for Deseret Farms of Ruskin, with agricultural oper- -- operations 

in south Hillsborough County. We also own agricultural land in Manatee County, Hardee County, and Collier County. 

Comment ID 1262.001.004 

Author Name: Redd W. 

Organization: Deseret Farms of Ruskin 

I applaud the lady a few minutes ago who said she has completely stopped using fertilizer on her -- on her lawn. In fact, 

a very large portion of the -- the nutrient pollution does come from residential rather than agricultural operations. In 

reality, with the price of fertilizers today, we simply cannot afford to put on more than the crop needs in order to 

produce. With the low organic sandy soils of Florida, growing agricultural crops without addition of nutrients is not a -­

not an option for us. 

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Comment ID 1262.001.005 

Author Name: Redd W. 

Organization: Deseret Farms of Ruskin 

In our properties, we are implementing established best management practices, such as soil nutrient testing, split 

nitrogen applications, fertigation to place nutrients as close as possible to the root zone and in reduced quantities, just 

as they are required by the plans. 

Cost constraints prevent us from applying more than -- applying more nutrients, chemicals, or water than what is 

actually required. We also employ integrated pest management practices and apply our irrigation water through either 

drip or micro jets in order to prevent excessive application. 

Comment ID 1263.001.001 

Author Name: Rooks L. 

Organization: 

MR. ROOKS: Good afternoon, my name is Larry Rooks, I'm from Inverness, Florida. My family is a -- is a -- in the 

cow/calf business there in Citrus County. 

My ancestors came to Citrus County in the late 1800s to -- to live there and make a living. And through the years, we've 

seen many changes to the demographics of Florida in -- in the way it was and the way it is today. 

Florida is a great place to live. Our waterways are -- a lot of activities of families using the waters for recreational 

activities. It's a great place to come for tourism. We've got quite a few tourist attractions around the state. And so these 

-- all of these are economic benefits to our -- our state. 

Through all these changes, Florida still remains in agriculture, a viable agricultural industry that's -- that's vital to our 

economy today. 

Comment ID 1264.001.001 

Author Name: Melton K. 

Organization: Orlando Utilities Commission 

MS. MELTON: Good evening. My name is Kristin Melton, and I'm here today on behalf of the Orlando Utilities 

Commission or O.U.C. Thank you for the opportunity to speak on this matter. 

Comment ID 1266.001.001 

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Chapter 2 - Comment Documents Background 

Author Name: Morrissey J. 

Organization: Pinellas County 

MR. MORRISSEY: Joe Morrissey, assistant county attorney, Pinellas County, Florida. Thank you for coming back. I 

think it was particularly important as we had a robust turnout by the environmental community, which we didn't have in 

our last set of presentations. The work of cleaning the nation's waters is never easy, and the natural systems of Florida 

represent particular difficulties. As you know, we are a narrow state surrounded by saltwater. I'm sure you saw that as 

you flew -- flew in. And we are blessed with numerous freshwater lakes, streams, and springs. And our climate varies 

from temperate to semi tropical. All of those factors lead to a lot of different things that happen in the waters at different 

times with different chemistries. 

Comment ID 1267.001.001 

Author Name: Landers K. 

Organization: 

MS. LANDERS: Hi, I'm Karen Landers. I live at 525 Avenue L Southeast in Winter Haven, Florida, that is Polk County. I 

want to thank you for coming to save us from ourselves. When I first moved to Winter Haven in 1982, they used to 

dump raw sewage into the 19 lakes on the channel lakes that runs through our beautiful city. And the City since then 

has really tried to do quite a bit to clean up that problem. 

Comment ID 1269.001.005 

Author Name: Lohman D. 

Organization: 

To give an example, I live on a little creek, not the river, it's a creek, Fishweir Creek. Except for some extra bacteria in 

the creek, it's otherwise a reasonable little ecology there. We have every kind of wading bird. We have different kinds of 

ducks come through in the winter. And, by the way, they eat the good algae. When the river is swollen in the fall, we 

have red bass a yard long come in there to eat the fiddlers, chase the little fish around. It's an ideal place to live for 

me. It is an even better place to have some grandchildren come over and visit. Most of the people I know spend the 

extra money to be on the river for that reason, just to have the grandchildren there half a dozen times a year. The 

shame of it is, it's okay for the grandkids to learn to fish a little bit and learn to operate a pair of oars about two-thirds of 

the year. 

Comment ID 1270.001.001 

Author Name: Parsons P. 

Organization: Everglades Agricultural Area Environmental Protection District 

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Chapter 2 - Comment Documents Background 

MR. PARSONS: My name is Philip Parsons. I'm speaking again today for the Everglades Agricultural Area 

Environmental Protection District, and we appreciate your giving us this opportunity. 

Comment ID 1271.001.001 

Author Name: Pearson S. 

Organization: City of Gainesville 

MR. PEARSON: I'm Stewart Pearson. I'm here affiliated with the City of Gainesville, its 125,000 residents, and whose 

stormwater system has been discharging to the environment for 141 years. 

Comment ID 1272.001.001 

Author Name: MalwitzJipson M. 

Organization: 

MS. MALWITZ-JIPSON: Hello. Thank you for taking the time to hear from me today. My name is Marilee MalwitzJipson. I've lived in Florida since 1975. I now live in Fort White along the Santa Fe River. I brought some Lyngbya today 

to show you what our spring in front of our house looks like today. I just went down and got that out. 

Comment ID 1272.001.003 

Author Name: MalwitzJipson M. 

Organization: 

As a person with a family, a family of four, we are told by the media to limit our water use and use safe practices in 

terms of what we put down our drains or lay on our land, and we oblige. We want to protect our neighborhood and 

water resources. Try telling the same thing to one of the companies I just mentioned. The rate of pollution they net daily 

far exceeds the 

residents.A few years ago I got involved at a local level because our neighborhood river, the Santa Fe River, a 

designated outstanding Florida waterway, was awash in water bottlers trying to take water from our public springs for 

private gain. So far, for the time being, we've stopped the four that recently applied for permits. By the way, for the 

record, Coca-Cola Dannon has been fully operating out of Ginnie Springs since 1998. So as a result of our citizen 

participation against this kind of business in our area, I've been on a huge learning curve. I have alliances across this 

great state. All of us are dedicated to protecting our natural resources. I have been in meetings after meetings in the 

local chambers all the way to Tallahassee. I see how things work here. 

Comment ID 1274.001.001 

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Author Name: Goerner S. 

Organization: Harris Chain of Lakes Restoration Council 

The Harris Chain of Lakes Restoration Council (Council) was established by the Florida Legislature in 2001 (Chapter 

373.467 Florida Statutes) with the powers and duties to: a) review and audit all data specifically related to lake 

restoration techniques and sport fish population recovery strategies; b) evaluate whether additional studies are needed, 

and; c) explore all possible sources of funding to conduct restoration activities. The Legislature also established the 

Harris Chain of Lakes Restoration Program (Chapter 373.468 Florida Statutes) which directed the Fish and Wildlife 

Conservation Commission and the St. Johns River Water Management District, in conjunction with the Florida 

Department of Environmental Protection, pertinent local governments, and the Harris Chain of Lakes Restoration 

Council; to review existing restoration proposals to determine which ones are most environmentally sound and 

economically feasible methods of improving the fish and wildlife habitat and natural systems of the Harris Chain of 

Lakes. 

Comment ID 1275.001.001 

Author Name: Freeman R. 

Organization: 

MR. FREEMAN: I'm Robert Freeman. I live in a riverfront home in the Riverside area of Jacksonville, 1844 Cherry 

Street. I've lived in Jacksonville since 1950. I'm a third generation Floridian and have always lived within a block or so of 

the St. Johns River. I have observed from the bulkhead of our home the algae blooms that were so graphically 

illustrated in the photographs that were part of your presentation. 

I wore this green jacket today to illustrate the fact that -- I put this on so people can see me. Its purpose is to get your 

attention. And when I run into people in a social setting, they say, "Wow, look at the color of that jacket." So it works. It 

gets their attention. I'd like to suggest to you today that the river is trying to get our attention, that those algae blooms 

are the river's way of saying to us "I've got a problem." This green jacket for me is a survival mechanism, and I'd like to 

suggest to you that perhaps those algae blooms are similarly a survival mechanism of the St. Johns River. 

Comment ID 1275.001.002 

Author Name: Freeman R. 

Organization: 

The river struggles with human habitation aren't new in my experience. I want to junior high school at Lakeshore Junior 

High School here in Jacksonville. My eighth grade, Mr. Van Sikes -- this was probably before the word "environmental" 

was even in the lexicon -- used to plead with us not to go swimming and water skiing in the St. Johns River. This was 

1959. And we used to -- we used to laugh about getting knocked off our water-skis by floating fecal matter in the river 

and didn't pay a whole lot of attention, but, you know, we were 15 years old. What did we know? 

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Comment ID 1276.001.001 

Author Name: Freeman V. 

Organization: House on Cherry Street Bed and Breakfast 

MS. FREEMAN: Hello. I'm Victoria Freeman and I'm at the same address as Robert Freeman. We are the owners of 

Jacksonville's oldest riverfront bed and breakfast, The House on Cherry Street, 1844 Cherry Street. And I want to speak 

very briefly to urban landscape pollution and to the bugaboo of economic transition and I want to speak out of personal 

experience. Seven years ago, Robert and I purchased our bed and breakfast and it had a traditional St. Augustine 

riverfront of lawn, and it was beautiful. And when we received the first landscaping bill on that lawn for the pesticides 

and the fertilizers to keep it healthy and emerald green, we paid it, and we paid several other bills of that magnitude. 

And then the algae bloom lapped up on our bulkhead and it stung my eyes and it stung the eyes of my guests. I have 

guests from all over the world. And a number of my guests canceled or cut short their stays. 

And so I began to read articles about the cause of the algae bloom, and I discovered that I had met the enemy and it 

was me. Well, it was me and my beautiful lawn. At that point I began the transition to a river friendly lawn helped by the 

University of Florida. Now I use no pesticides, no fertilizers, and very little irritation, and I still have a lawn. I have a lawn 

that serves my business well. I have a lawn that been featured in Southern Living, twice in the New York Times, the 

Atlanta Journal, recently in the Cleveland Plain Dealer, and in the Delta Sky magazine. From my experience I know that 

we can reduce urban point landscape pollution. I know also that old ideas die very, very hard. Yesterday, I walked in my 

neighborhood and in the space of ten blocks, I counted four chemical trucks spraying lawn chemicals on lawns that 

were both riverfront and near riverfront. 

Comment ID 1278.001.001 

Author Name: Griswold R. 

Organization: Destin Water Users 

MR. GRISWOLD: My name is Richard Griswold. I'm with Destin Water Users and I'm a professional engineer. 

Comment ID 1279.001.001 

Author Name: Sawyer W. 

Organization: HydroMentia, Inc. 

MR. SAWYER: Thank you very much. My name is Bill Sawyer. I'm the president of a company called Hydromentia in 

Ocala, Florida. We are a technology company. We have a natural nutrient removal system called the Algal Turf 

Scrubber. And while algae is the problem, it is also the solution. 

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Chapter 2 - Comment Documents Background 

Comment ID 1279.001.004 

Author Name: Sawyer W. 

Organization: HydroMentia, Inc. 

Our technology, the Algal Turf Scrubber, is very simple. We grow algae in a controlled environment and that algae 

reuses the nitrogen and phosphorus that goes into that river, stream to grow. And then we harvest it when it reaches its 

peak growing cycle, and then it can be reused for things like biofuel and renewable organic fertilizers. The Algal Turf 

Scrubber has the ability to restore waters to natural background levels. It's been developed over 30 years. It's cost 

effective, it's scalable and sustainable. In fact, in looking at our technology versus the spray field, we use 10 percent as 

much land for the same removal rates, which is -- which is important. It's commercially available today for most 

stormwater and wastewater applications. It is not a silver bullet, there are no silver bullets, but it has great applications 

in a number of areas. We cannot replace the wastewater treatment plant, but we work pretty well in secondary and 

tertiary applications in some plants. We're doing tests in Georgia and New York right now. We have others under 

discussion. 

Comment ID 1280.001.001 

Author Name: Ahlers K. 

Organization: Putnam County Environmental Council 

MS. AHLERS: Good afternoon. How are you today? I'm very glad to be here. My name is Karen Ahlers. I'm 

representing the approximately 400 members of the Putnam County Environmental Council today. 

I am proud to say that I am a native of Florida and have swam in many of its springs and rivers and live on a beautiful 

sand filled lake, and water is a very, very important thing to me, both water quality and water quantity. I'm not so happy 

to admit, though, that in Putnam County we have a paper mill which contributes quite a lot of pollution to the St. Johns 

River. In fact, it's one of the largest polluters on the river. But the other side of that is that Putnam County has been 

designated a county of rural economic concern, and so those jobs at that paper mill are very important to us. 

Comment ID 1281.001.001 

Author Name: Frost Jr. J. 

Organization: 

MR. FROST, JR.: Good afternoon. My name is Jack Frost, Jr. I work in the ag industry. I graduated from the University 

of Florida with a BS in ag in 1976. Way back when, there was a required course called Ag and the Environment. Limits 

to growth and all that jazz was taught. I subsequently got a master's in horticulture from the University of Florida. I'm a 

CCA. I've lived in Florida all my life. And I've worked in ag for 34 years, mostly in the fertilizer industry. I've seen change 

in the last 34 years in Florida's increasing population and ag's decreasing presence. 

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Chapter 2 - Comment Documents Background 

Does anybody know what this is? A circular slide rule. Ever heard of a slide rule? Ask James. That's what I started 

college with, right there. We've had change in technology. I have, rather than a slide rule, I don't even remember how to 

use this, but I have a laptop in my truck now. But I can remember when there wasn't any air conditioning in Florida, and 

most of you folks probably wouldn't have wanted to live here then. But smaller population. I graduated from the 

University of Florida and there wasn't any air conditioning in a lot of the buildings. 

But I've seen the change in my industry. There's 23 less fertilizer blend plants than when I started. There's been a 

significant decrease in ag fertilizer in the last two years. I've also seen an increase -- a change in the educational level 

of my customers. 100 percent of the decision makers that I call on have at least a BS, a bachelor of science. Some of 

them have a master's of science. Sales force has changed too. All of us have a BS at least. Some have a master's 

level. 

AUDIENCE MEMBER: In sales? 

MR. FROST, JR.: No, not in sales. In science. 

The Certified Crop Adviser Program, national certification, came into Florida. It's voluntary. We also joined up. We took 

the national test, which is college level test. We passed the state level exam. We're required to get 20 CEUs a year. 

That's where I was yesterday or I would have been at the Tampa meeting. We've voluntarily imposed it on ourselves 

and the standards administered by the University of Florida and Iowa State. In 1980 I can remember when IPM, 

Integrated Pest Management, started at Florida. Scouts were employed by growers. These guys had BS degrees in 

entomology or master's level. The result was they didn't spray as often. They didn't need to because they were doing 

only what they needed to do. Precision ag started. Okay. We've taken a hard, hard look at nutrient use efficiency, how 

can we do better with less. 

MR. KING: Mr. Frost, you're confusing me. Are you talking to us or are you talking to them? This is all about talking to 

the federal government and giving us comments, if that's okay, on the proposal. We'd appreciate -­

Comment ID 1282.001.001 

Author Name: Jones H. 

Organization: Duval County Farm Bureau 

MR. JONES: Good afternoon. My name is Harold Jones. I represent the Duval County Farm Bureau. I'm a native of 

Florida, having grown up in Clewiston on Lake Okeechobee, and have always been concerned about water quality. I 

spent 33 years as an extension agent in the Duval County extension office, and since retirement have owned and 

operated Southern Horticultural Consultants for six years. 

Comment ID 1282.001.004 

Author Name: Jones H. 

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Chapter 2 - Comment Documents Background 

Organization: Duval County Farm Bureau 

Agriculture producers in Florida have adopted Best Management Practices, they've adjusted their production 

techniques and managed their farms much better than they used to. We are also working with Best Management 

Practices in the urban areas, and we're beginning to address the urban runoff and situations that we face there. 

Comment ID 1283.001.003 

Author Name: Bremer L. 

Organization: 

As a person who's lived in Florida all my life, I've seen decades of excuse and we've -- the result is those pictures that 

you had up on the screen as you began this program. I have lived on waterfront where sewage floated by and it came 

from direct discharge into the waterway, and yet the city told us that it was too expensive to hire enforcement people to 

check regularly on the failing septic tanks in my neighborhood. 

I lived on the Florida Gulf Coast when we saw the red tide come in, and thousands and thousands of fish died on the 

beaches. And the cost to the economy at that time of the loss of those beaches to tourism was huge, because the red 

tide didn't just go away when those fish died and were cleaned off the beach; the red tide was still there, and the cost to 

the lack of ability to use those beaches was gigantic. 

I've canoed on the Santa Fe River. And I have seen dairy farms and cattle farms right on the banks of the Santa Fe 

River where the cattle actually came down into the water and we had to canoe around the cattle that were in the water 

of the Santa Fe River. 

In a city park, completely removed from the river, a little tributary goes through -- a little stream goes through a city park. 

And this park has a library and a playground in it and yet this tributary, this little tiny stream is so contaminated that it 

has to be posted so that people do not enter that water, do not touch that water, and do not contaminate themselves 

with that water. 

Comment ID 1285.001.001 

Author Name: Putnam T. 

Organization: Langdale Company 

MR. PUTNAM: Thank you. My name is Tom Putnam and I'm here on behalf of the Langdale Company. Thank you for 

the opportunity to share our concerns about the EPA's proposed nutrient standards for Florida's waterways. The 

Langdale Company has managed forests in north Florida and south Georgia for over 100 years. We're proud stewards 

of the land and believe our forestry practices have resulted in conservation of the land and water. 

Our forestry practices have been developed in partnership with both the Georgia Forestry Commission and the Florida 

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Chapter 2 - Comment Documents Background 

Department of Agriculture and Consumer Services Forestry Division. 

Comment ID 1286.001.008 

Author Name: Reese T. 

Organization: Friends of Brooker Creek Preserve 

I'll try to keep my comments -- well, I'm almost out of my five minutes, anyhow, but we will be submitting written 

comments on the docket. Thank you. 

Comment ID 1289.001.001 

Author Name: Bagwell K. 

Organization: 

MR. BAGWELL: I'm Knox Bagwell. I've lived all my adult life here in Florida; 25 in Southeast, 30 in North Central, 

Alachua County, on Lake Santa Fe, where I can put a scuba tank on and go to the Gulf of Mexico. I'm probably also the 

longest continual blueberry farmer in the state, for over 30 years. I'm on the board of Santa Fe Lake Dwellers 20 years, 

an outstanding Florida waterway where we prevailed at the cabinet level when a developer appealed a state Supreme 

Court ruling on a typical dredge and fill development which was approved by the county. I'm on the board of the 

Suwannee St. Johns Sierra Club where I'm an outings leader, leading a half a dozen paddles a year, allowing others to 

see firsthand the continual water quality degrading and the ever increasing negative effects of algae buildup. I'm on the 

board of Alachua County Environmental Advisers Committee, one of the few medium county densities that has a 

dedicated DEP. I was on the staff of Paddle Florida where twice a year we take 100 people down the Suwannee River 

for a week so they can experience firsthand the wonders of the waters here in Florida. A small group of us paddlers 

take a half dozen week paddling camping trips on Blackwater and Chipola rivers in the Panhandle to the Suwannee in 

the central to the 10,000 islands in the Everglades. These varied experiences always show the continual degrading, 

decreasing water quality standards throughout the state due to past and ever present political influence at state 

regulatory levels, city and county commission mindset of new development at any environmental cost, and water 

management district polices of satisfying ever consumptive use permits, whether it be water bottling permits at the 

expense of the significant harm to the Florida aquifer, whether running above ground pipes to the ever possible surface 

water potentials. Having already significantly harmed the public meeting TMDLs and alternative water sources, it's a 

sad state to hear that after overpumping the Florida aquifer they're now trying to take the surface waters. 

Comment ID 1289.001.002 

Author Name: Bagwell K. 

Organization: 

Recent St. Johns Management Water District meetings at granting of Seminole-Collier's consumption use permit of 500 

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Chapter 2 - Comment Documents Background 

million gallons a day show that a county that uses three times the national average per consumptive water use is a 

never ending issue. With reference to ag chemical and fertilizer runoff and the development of BMPs by the universities, 

from our personal experience of 30 years of being involved with the University of Florida blueberry breeding and 

growing programs, BMPs were developed to efficiently use the various inputs of farmers to achieve maximum output 

and profit. While there are areas that address input levels of chemicals and fertilizers, in no way do BMPs address the 

suitability of the particular crop to the type of soils being individually used. 

Comment ID 1289.001.004 

Author Name: Bagwell K. 

Organization: 

Case in point. Urban Turf BMPs refused to stop recommending fertilizer during the heavy rainfall runoff summer
 

months. The lack of life sustaining -­

MR. KING: Mr. Bagwell, we'll have to finish up here.
 

MR. BAGWELL: Thank you.
 

Comment ID 1290.001.001 

Author Name: Paradise B. 

Organization: 

MR. PARADISE: Good afternoon. My name is Brian Paradise. I'm a resident of the Jacksonville area. I've lived here for 

33 years and I'm a private citizen, but I am not a native Floridian. 

During the time that I've lived here, I've had the great pleasure of being able to commune with nature by visiting the -­

the lovely rivers, springs, lakes and streams that bless the northeastern part of our state. I've been able to sail on the St. 

Johns River, canoe and kayak on many of the rivers, snorkel in many of the springs and just -- I generally enjoy the 

waterways that have found here. 

Comment ID 1292-1.001.003 

Author Name: Wiegand P. 

Organization: National Council for Air and Stream Improvement, Inc. 

Sections 2 through 7 of this document contain substantive technical review and analysis of EPA's proposed total 

nitrogen (TN) and total phosphorus (TP) criteria for Florida waters. Each section contains a brief Summary, a bulleted 

list of the Main Technical Findings, and a comprehensive section detailing Specific Comments and Corresponding 

Science Analysis. 

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Comment ID 1301-1.001.001 

Author Name: Hodge R. 

Organization: Southeast Milk Incorporated 

On behalf of the 116 Florida dairy farms that are members of Southeast Milk Incorporated (SMI), please accept the 

following formal comments to the EPA's Proposed Rule Docket ID No. EPA-HQ-OW-2009-0596 (Numeric Nutrient 

Criteria Rule). This will also provide input and concern from dairies in Alabama and Georgia that are likely to be affected 

by the proposed regulation. In addition to these comments, several members of SMI took time away from their daily 

farm operations to provide comments at the EPA public hearings held in March and April 2010. The following comments 

will elaborate on several of the points SMI members expressed during the public hearings. 

Comment ID 1303-1.001.001 

Author Name: Bessey J. 

Organization: St. Lucie County Board of County Commissioners 

St. Lucie County is located in eastern central Florida with a population of just over 200,000. Primary land use is 

agricultural; however we boast portions of the Indian River Lagoon and St. Lucie River and Estuary, both highly 

significant water bodies to the State and Country. We value our ecosystem and have spent millions of dollars for water 

quality projects dating back to the early 1990's. We are an MS4 permitee under the National Pollutant Discharge 

Elimination System (NPDES); have an adopted Total Maximum Daily Load (TMDL) established for the St. Lucie River, 

and have worked diligently to remain in compliance with State and Federal law. 

Comment ID 1304-1.001.001 

Author Name: Stewart J. 

Organization: Florida Pulp and Paper Association Environmental Affairs, Inc. 

On behalf of the Florida Pulp and Paper Association Environmental Affairs, Inc. (FPPAEA or the "Association"), I submit 

the following comments in reference to the proposed Water Quality Standards for the State of Florida's Lakes and 

Flowing Waters (40 CFR Part 131, Subpart D, Section 131.43) signed by the Administrator on January 14, 2010. The 

FPPAEA (see Attachment 1) is a non-profit association of six Forest Products companies in the business of producing 

pulp, paper, and solid wood products in the State of Florida. The FPPAEA member companies own and operate eight 

(8) facilities that discharge to surface waters in the State of Florida, more specifically rivers, streams, and estuarine 

waters. As such, the FPPAEA member companies will be significantly affected by the numeric water quality criteria, for 

total nitrogen (TN) and total phosphorus (TP), being proposed by EPA. 

Comment ID 1304-1.001.006 

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Author Name: Stewart J. 

Organization: Florida Pulp and Paper Association Environmental Affairs, Inc. 

The FPPAEA, including its members and consultants (see consultant listing and credentials in Attachment 3), has been 

actively engaged in the scientific and regulatory forums that have been conducted over the course the State's decadelong effort to establish numeric nutrient criteria for Florida waters. The Association has invested significant time and 

energy to investigate and understand the science related to the impact of nutrients in receiving waters and estuaries in 

Florida. The FPPAEA also has worked closely with well respected technical experts to evaluate EPA's methodology for 

developing its proposed numeric nutrient criteria and the impact of these criteria on Florida's waters. As such, the 

Association is uniquely qualified to assess the merits of EPA's proposed numeric nutrient criteria. 

Comment ID 1304-1.001.051 

Author Name: Stewart J. 

Organization: Florida Pulp and Paper Association Environmental Affairs, Inc. 

Effluent Characterization 

The FPPAEA and NCASI provided effluent characterization data for the eight pulp and paper mills discharging to 

Florida's waters. Of the eight mills, seven are using aerated stabilization basins (ASB) for secondary treatment and the 

eighth mill is using a high-rate activated sludge system. The levels of nutrients in the mills' effluents range from 1.75 

mg/L to 6.8 mg/L for TN and 0.5 mg/L to 2.11 mg/L for TP. 

The total N for Florida mills averages 4.2 mg/L, with 2.5 mg/L being organic nitrogen of which 59% is presumed to be 

recalcitrant based on a NCASI study of pulp and paper mill effluents. The Florida pulp and paper mills effluent total 

phosphorus averages approximately 1.1 mg/L, with one third (34%) ortho-P (biologically degradable). Untreated pulp 

and paper wastewaters are typically deficient in the amount of nutrients that are required to sustain proper biological 

treatment and thus these effluents require addition of nitrogen and phosphorous. 

Comment ID 1304-1.001.058 

Author Name: Stewart J. 

Organization: Florida Pulp and Paper Association Environmental Affairs, Inc. 

The FPPAEA has retained the law firm of Oertel, Fernandez, Cole, & Bryant, P.A. (OFCB) to provide comments 

regarding these concerns. The firm has been providing high-quality legal services to its clients for more than 25 years. 

In that time, the firm has represented clients in the private and public sectors in state and federal courts, and before 

state, local, and federal agencies. The firm focuses its practice in the fields of regulatory, administrative, and 

governmental law. The firm's regulatory practice has included water resources, water and air quality, wetland permitting, 

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Chapter 2 - Comment Documents Background 

mining, submerged lands, growth management, zoning, utilities, health care law, labor law, and professional licensing 

matters. Its attorneys include the former general counsel for the Florida Department of Environmental Regulation. 

The legal opinion of OFCB is given in Appendix E of these comments and incorporated by reference. 

Comment ID 1304-1.001.065 

Author Name: Stewart J. 

Organization: Florida Pulp and Paper Association Environmental Affairs, Inc. 

If you have any questions concerning these comments, please contact me 

Comment ID 1305.001.001 

Author Name: Palmer D. 

Organization: Emerald Coast Utility Authority 

My name is Don Palmer. I am with the Emerald Coast Utility Authority in Pensacola, Florida. I'm the water reclamation 

director for the utility which means I'm in charge of three wastewater treatments, in charge of their environmental 

compliance and for their operation. I'm not a biologist, I'm not a scientist, and I can't sit here and tell you about the 

complex relationships of rivers, streams, estuaries, nutrients, the SPARROW model, et cetera, but I am an engineer 

which has spent many years designing upgrades to wastewater treatment plants. And I've spent six years now involved 

in the operation of those treatment plants, so I can tell you about the impact of this rule to wastewater treatment plants. 

Comment ID 1306.001.001 

Author Name: Schwab R. 

Organization: 

I'm Richard Schwab. I live in Perry, Florida. I have run a third generation logging business in Perry. We employ almost 

50 people. We've been -- like I said, we've been logging since 1960, and we've seen a lot of changes in our industry, 

whether it be on the production side of a product that we produce in the woods or whether how we handle and what we 

do. We follow Florida Best Management Practices for silviculture which was developed in 1979, shortly after the EPA 

came out -- or Congress passed the Clean Water Act. We realize in the forest industry as well as in agriculture in the 

state of Florida that we have to do what we can do the very best of our ability to ensure sustainability for our 

environment, because without clean air, without clean water, without clean ground, we're not going to have a good 

environment to be able to grow the products that we need to be able to harvest. 

As a matter of fact, the Florida Best Management Practices for silviculture wasn't just developed by industry or state 

agency. It was a conglomerate of 22 entities in 1991 that developed the latest writ of our Florida Best Management 

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Chapter 2 - Comment Documents Background 

Practices. We work along with the University of Florida, the Florida Department of Environmental Protection, Florida 

Defenders of the Environment, Florida Audubon Society, the Nation Conservancy, and the Sierra Club. So we work 

very closely with environmental groups to be able to write the rules that's going to make what is best for the land, for 

water, and for air in the state of Florida. 

As a matter of fact, the 2009 report has just came out on -- implement survey report, and we have passed with a 98 

percent compliance in the state of Florida, Florida Best Management Practices in the -- in the woods. In other words, 

what we're doing is we're following our manual which is the guideline that we have. And these are self-imposed rules. 

This isn't a state agency saying you have to do this. This is an industry being conscious about what we're trying to do 

and following our own set of rules to ensure the sustainability for our environment, and that's what we do best. 

Comment ID 1306.001.006 

Author Name: Schwab R. 

Organization: 

In conclusion, my family and myself has been practicing sustainable forestry and agriculture for over 50 years. We're 

environmental stewards. We self-recognize what good air, good water, and good ground does. It equals trees. And 

trees make Florida green. When you have less restriction, that means it's better environment -- environment for your 

business. And when we have a better environment for our business, that means we're going to be able to practice our 

agricultural practices in an environmentally sustainable way. And what that means is we're going to have Florida green 

and the air and the ground and the water is going to be cleaner because the trees are going to be there growing instead 

of people. 

Comment ID 1307.001.001 

Author Name: Godbold J. 

Organization: Florida Farm Bureau 

My name is Jesse Godbold. I'm a native Floridian. I have a farm, a tree farm over near Lake City. It's been in my family. 

My grandson will be the fifth generation to have the farm. It's in the Ichetucknee River basin. My grandfather 

homesteaded the property in 1878. So I have a lot of roots here in the state of Florida and a lot of concerns for the 

water in the Suwannee County area, which I live in Green Cove Springs on the St. Johns River. 

I'm a member of Farm Bureau, vice president County Farm Bureau and vice chair of our Water and Natural Resources 

State Farm Bureau Committee. And I have been exposed to working with farmers and with this issue my entire career. I 

retired as a county extension director in Clay County, and I have worked with IFAS University on adult educational 

programs and on some of the research that has been involved in working with farmers and with these issues. 

Comment ID 1308.001.001 

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Chapter 2 - Comment Documents Background 

Author Name: Williams B. 

Organization: 

Good afternoon. My name is Ben Williams. My wife Louann is right behind me. We've got numbers 1 and 2, and we're 

going to do you a favor and only take five minutes. 

We've been in the -- I guess I should tell you where I live, 1096 Oak Vale Road. That's in St. Johns County. We've been 

in the seafood business here in northeast Florida for near on 30 years. We've commercial crabbed in the St. Johns, ran 

gill nets back when they were legal, owned a shrimp boat, and for the last 25 years or so we've operated a wholesale 

retail seafood business. In addition, we live on the river; have for over 20 years, and to this day fish the river 

recreationally. In fact, I was out on the river last night, and this afternoon I'm going to join over 100 other folks fishing 

the bass tournament down out in Clay County. We do this every Thursday night during the summer. 

Comment ID 1309.001.001 

Author Name: Steinbrecher P. 

Organization: JEA 

Welcome back to Florida. We appreciate you being here and appreciate you hearing our comments today. My name is 

Paul Steinbrecher. I'm the director of environmental permitting and regulatory conformance with JEA, the local utility 

here in Jacksonville, Florida. We are the eighth largest municipal utility in the United States providing water, sewer, and 

electric service to the residents of much of northeast Florida. 

Comment ID 1310.001.001 

Author Name: Smith J. 

Organization: 

Thank you. My name is Jeb Smith. I'm a farmer, fifth generation grower from Hastings. My family was solely involved in 

the production of potatoes for over 80 years before diversifying into grass fed beef cattle, hay, sod, and organic 

vegetables. We have been settled upon the same property since 1920s, and four generations reside within its 

parameters this very day. 

For decades and generations we have strived to be innovative, creating --maximizing the use of our resources and 

desiring to be the best stewards of the possessions we have, knowing that the best use of these resources results in 

maximum productivity and benefit to the environment. 

Comment ID 1311.001.003 

Author Name: Long A. 

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Chapter 2 - Comment Documents Background 

Organization: 

I live near the Suwannee River in the Manatee Springs shed. Many home wells in my own neighborhood have 

dangerously high levels of nutrient solution. Four wells regularly exceed the safe drinking water standard for nitrate 

nitrogen, and my own personal well is very high in nutrients. No one even warns you, no state agency, no one warns 

you when you move into the neighborhood that you might have dangerous water. 

Comment ID 1312.001.001 

Author Name: Waters C. 

Organization: Florida Federation of Garden Clubs 

Good afternoon. Mr. King and Mr. Keating, thank you for being here today to help average citizens learn about the EPA 

proposal and voice our concerns. My name is Carol Waters, and I wish to speak on behalf of four different groups. I 

serve as District 4 director of the Florida Federation of Garden Clubs and represent over 1700 women and men who are 

concerned about our environment and our water in north Florida. 

This summer, as in the past, we will rent facilities at Wekiva Springs State Park near Orlando for our camping program 

for kids, kindergarten through eight grade. What an unforgettable experience this is for children to experience the 

outdoors. Florida residents and tourists enjoy this gorgeous nature preserve and springs year round. This park makes 

money for Florida. Clean water makes money. 

For ninth through 12th graders, we have a program called SEEK, Save the Earth Environment Through Knowledge. In 

July 70 students will have a hands-on learning experience at Wakulla Springs State Park near Tallahassee. 

Comment ID 1312.001.005 

Author Name: Waters C. 

Organization: Florida Federation of Garden Clubs 

In 1989 we purchased a home because it was waterfront property here in Jacksonville on the Cedar River. My 

husband's switched from competitive bass fishing to fly fishing in the many areas available here in north Florida. But 

north Florida has problems as well. Oh, yes, you can still catch fish, but would you want to eat them? Just this week two 

dead fish washed up on my boat ramp. 

Comment ID 1312.001.012 

Author Name: Waters C. 

Organization: Florida Federation of Garden Clubs 

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Chapter 2 - Comment Documents Background 

Now, on a personal level. My husband and I moved to Florida 35 years ago and became part owners in Stern Boats of 

Pompano Beach. We manufactured high performance custom built bass boats and sponsored numerous fishing 

tournaments in central and south Florida. 

Comment ID 1313.001.001 

Author Name: Gledhill S. 

Organization: Florida Wildlife Federation 

Good afternoon. My name is Sarah Owen Gledhill. I'm with the Florida Wildlife Federation, and I represent the 

Northeast Florida office that's based in St. Augustine. 

Comment ID 1313.001.004 

Author Name: Gledhill S. 

Organization: Florida Wildlife Federation 

How can we work smarter to reach these measurable goals or objectives? We've discussed some of those examples 

earlier, as well as some of the other presenters as they talked about native planting, fertilizer ordinances, scientific soil 

testing, application of fertilizer only to the root zone of the plants, as well as applying fertilizer only in the amount 

needed by the plant, as well as upgrading our sewage treatment systems. 

Our economy is built on our water quality in so many ways as we've heard here today. We're not trying to wipe out the 

agricultural industry or prohibit house owners from having lawns. In summary, and to put it real simple, we want fertilizer 

to stay where it's supposed to and used at the minimum effective rate. 

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Chapter 2 - Comment Documents Background 

Comment ID 1315.001.001 

Author Name: Nan S. 

Organization: 

Good afternoon. Thanks for being here. I appreciate it. My name is Sarah Nan. I live in Jacksonville. 

Comment ID 1316.001.001 

Author Name: Hilliard M. 

Organization: 

Good afternoon. I'm Marion Hilliard, Orange Park, Florida. I have no scientific credentials; however, I have a very 

lengthy commitment to protecting the nation's and Florida's waters. I serve the National Garden Club as their 

government agency education team chairman, I serve the deep south states as their legislative chairman, I serve the 

Florida Federation of Garden Clubs as the government agency liaison and a board member of the Clean Border 

Network in Washington. 

Comment ID 1317.001.001 

Author Name: Moore C. 

Organization: 

My name is Curtis Moore. I live here in Jacksonville, and I was a dairy farmer for most of my life. I'm a third generation 

dairy farmer. As a matter of fact, my dad was a dairy farmer, his dad was a dairy farmer, but my son will not be a dairy 

farmer because on April the 15th, today, six years ago, we sold our farm about 8 miles from here. 

Comment ID 1317.001.003 

Author Name: Moore C. 

Organization: 

And just a point of interest, I've been drinking this water, Florida water for 58 years and I'm doing just fine. 

Comment ID 1317.001.004 

Author Name: Moore C. 

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Chapter 2 - Comment Documents Background 

Organization: 

Most people I come in contact with nowadays, they are so far removed from the farm, they don't know what it takes to 

produce the food that we get, and I fear that that kind of causes the numbers of people to be more against farming and 

down on farming. And I go with the Farm Bureau, the local Farm Bureau here and go and speak at schools and am very 

surprised by the students and the teachers that think that farmers are evil, that they are causing problems. 

Comment ID 1317.001.005 

Author Name: Moore C. 

Organization: 

I talked to one child and he says, "Why do you-all cut trees down?" Because I own some forestry, some trees now. And 

I said, "Do you realize that more trees are planted in Florida than are cut down? And that's a renewable resource." And I 

think that the forestry department, along with the University of Florida, with the Best Management Practices that they 

put into practice, which we also do, is a good thing for our environment and also it's also good for the farmers. 

Comment ID 1317.001.007 

Author Name: Moore C. 

Organization: 

And, you know, just as I was sitting out there and thinking about what people were talking about up here, I see that it all 

kind of works together. We need trees. Trees are good for the environment. So we need the silviculture to take care of. 

We need the grass, that's good for the environment. So we can all work together and -- and just try to do a better job. 

Comment ID 1317.001.012 

Author Name: Moore C. 

Organization: 

But I also, to make one more point is, I have a friend who he dives out in the ocean here, and the federal government 

put a regulation just recently that said that snapper fishing, you no longer could keep the red snapper from out of the 

ocean. And he told me that he has never in his life seen so many red snapper as what he's seeing out there now. So I 

wonder where they get the logic from that tells you that our environment is in such trouble that it is when things are 

probably doing better than we think it is. 

Comment ID 1318.001.001 

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Chapter 2 - Comment Documents Background 

Author Name: Larson T. 

Organization: 

Good evening. My name is Tom Larson, and I have lived in Florida for 12 years. I visited the state first in 1964 and have 

continued to return with increasing frequency and ended up moving here. 

Comment ID 1318.001.002 

Author Name: Larson T. 

Organization: 

I swim, canoe, boat, bird watch, hike, live along a number of Florida waterways, including the Pablo River, the Guana 

River, the Tomoka River, the beautiful Silver River, Ichetucknee, Sante Fe, St. Marys, Nassau. I've spent time on these 

and various other rivers around the area with many friends. 

Comment ID 1319.001.001 

Author Name: Bouyounes M.
 

Organization: Bouyounes Turpentine and Kettle Company
 

My name is Merril Bouyounes. I represent Bouyounes Turpentine and Kettle Company. I've lived in Duval County for 

almost 60 years. I grew up on the St. Johns River. We have a 17,000-acre family timber business, owning several miles 

of swamp frontage on the Georgia side of the St. Marys River. We also own a lumber mill near the Satilla River. 

Comment ID 1320.001.001 

Author Name: Johns C. 

Organization: 

Hey. My name is Chris Johns. I'm representing an old potato farm in Hastings, small farm, small potato farm and sod 

farm. First, I'd like to thank you-all for taking time to do this. It really means a lot to us that you get to hear our 

comments. And one thing for certain, I do not envy you-all at all. It seems like a pretty complex and heated issue. Yeah. 

It's nice that you-all are willing to go through this. 

Comment ID 1321.001.001 

Author Name: St. John T. 

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Chapter 2 - Comment Documents Background 

Organization: Nature Conservancy 

Good afternoon. I'm Trish St. John with the Nature Conservancy and I'm with the freshwater program for the Florida 

chapter. 

The Nature Conservancy has worked for more than 40 years to ensure that rivers and waters in Florida are healthy for 

people, wildlife and natural habitats, and we've been working with -- actively with the state's DEP TAC on the 

rulemaking. 

Florida is a water rich state that has many regionally and globally important water bodies such as the Gulf of Mexico, 

the Apalachicola the St. Johns, St. Marys rivers, several natural estuaries and, of course, our freshwater spring 

systems, all of which support the state's annual $65 billion tourism industry and directly affect the quality of life for all 

Floridians. 

As clean healthy sources of water decrease and competition for water to meet public and industrial needs will continue 

to increase, it will be imperative for Florida to manage its water resources even more cautiously. This is compounded 

even further as our coasts and rivers are expected to experience increased flooding and sea level rise with climate 

change impacts. Water quality improvements are, therefore, even more pressing to preserve Florida's wide diversity. 

The Nature Conservancy has worked -- successfully worked to fund and implement watershed scale projects that 

include acquiring critical conservation lands, water quality improvement, runoff mitigation, habitat restoration projects, 

improving -- improvement areas such as Apalachicola, Indian River, Florida Keys, the St. Marys River and other 

conservancy freshwater marine sites across the state. 

Comment ID 1321.001.008 

Author Name: St. John T. 

Organization: Nature Conservancy 

You've just heard about all the percentages about the impairments in the state of Florida, and we'd like to point out that 

while the TMDL framework is appropriate to restore a water body, that does not mean it's water quality criteria. We 

would support a proactive watershed program that aims to reduce impairments and deter further habitat degradation 

and also would hopefully avoid more very costly restoration and clean-up projects. 

Given the limited funds for costly restoration projects and increased urbanization, more collaboration with state 

(inaudible) should be developed to jointly work towards more sustainable projects that preserve riparian habitat, benefit 

water quality and benefit from emerging ecosystem services and also creates desirable communities for Floridians 

today and for future generations. 

Comment ID 1322.001.004 

Author Name: Williams G. 

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Chapter 2 - Comment Documents Background 

Organization: Florida Rural Water Association 

You've heard from many of our essential life sustaining industry members in these public hearings. I do want to point 

out that we will be submitting extensive, in-depth, technical with scientific reference written comments in addition to the 

limited comments I want to make today in the essence of time. 

Comment ID 1323.001.001 

Author Name: Reynolds G. 

Organization: First Coast Manufacturers Association 

Good evening. My name is Greg Reynolds. As my day job, I'm employed as the vice president and general manager of 

Water Recovery. Water Recovery is a small business located in Jacksonville, Florida. Our business is a centralized 

wastewater treatment facility, and our business is cleaning dirty water from industrial sources, marine sources, other 

people's dirty water. Our company is part of a regulated community, and we are proud of our achievements in 

regulatory performance. 

This afternoon I'm also speaking to you on behalf of First Coast Manufacturers Association where I volunteer as vice 

chairman of the environmental health and safety committee. The First Coast Manufacturers Association is the proud 

voice of nearly 1600 manufacturing members and represents over 35,000 employees in Florida's first coast. The 

association has over 20 years of history working on three primary objectives. Those objectives are improving our 

economy, educating our work force, and protecting the environment. 

Since you've graciously extended into overtime, I think I'll get to some of the bottom lines up front and speed through 

this. 

For the record, I'm not an attorney, I'm not a paid consultant. I'm actually a biochemist and an analytical chemist with 20 

years of career dedicated to treatment of water across North America. 

Comment ID 1324.001.001 

Author Name: Karney P. 

Organization: 

Yes, you do have 109. I'm Patrick Karney, speaking to you this afternoon from two viewpoints, both as a resident and 

as a professional. First of all, I've lived in northeast Florida for over 20 years. 

Comment ID 1324.001.002 

Author Name: Karney P. 

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Chapter 2 - Comment Documents Background 

Organization: 

I own property on the St. Johns River just south of Green Cove Springs. I've seen no green blooms down there, but I've 

seen them other places, but I don't want to see them down there, either. 

Comment ID 1324.001.003 

Author Name: Karney P. 

Organization: 

My second viewpoint is that as a professional engineer with an undergraduate degree and two graduate degrees in 

engineering, licensed professional engineer in Florida, Missouri and Ohio and a certified environmental professional by 

the American Academy of Environmental Engineers. I've worked to remove pollution as a career and vocation in over 

20 years of operating wastewater treatment plants across the country. I'm now a consultant. 

Comment ID 1325.001.001 

Author Name: Ferreira J. 

Organization: 

My name is Julie Ferreira. I live Nassau County, Florida, Fernandina Beach. I want you to thank you for coming to 

Florida. I'd like to agree with the woman who said --I'm going veer off a little bit from what I was going to say. 

Comment ID 1325.001.002 

Author Name: Ferreira J. 

Organization: 

I'd like to agree with the woman who said that she was -- that she felt like what we were discussing here is money, the 

woman who got up and spoke for Rayonier. Rayonier does own 435 acres of -- thousand acres between Savannah and 

further a little bit south into Florida. And there's a river that divides Georgia and Florida, and it's called the St. Marys 

River. Rayonier owns property on both sides of that. And there have been several attempts to label that water as 

outstanding Florida water, and Rayonier always comes forward and thwarts that ability to label that as an outstanding 

water body. And that makes me question whether their Best Management Practices are sustainable and -- or why is it 

that they're so concerned with their nutrient contributions so that they thwart that as a possibility. 

Comment ID 1325.001.004 

Author Name: Ferreira J. 

11/19/2010 02:48 PM EST 2-1325
 
Chapter 2 - Comment Documents Background 

Organization: 

Living in Fernandina Beach, there's -- there's three rivers that come together. And several years ago we were starting to 

see patches of algae bloom in the Nassau River. And about three years ago, I went down to Marineland to attend an 

adult day camp program called Exploring Our Environment From the Ocean to the River. And it was sponsored by the 

Florida Sea Grant Extension Agency. And during that time while we were there, there was a strong red tide and it 

limited our ability to go outside and do what we were there to do, which was to study the environment. Now, we did go 

out, but it was much more limited. We all had to wear masks. People's throats and eyes and everything was irritated, 

people were coughing. And I have respiratory problems, so I was having real problems. And it was -- it was amazing 

when we did go out to see the amounts of sea life that had washed up on shores and had died because of the red tide. 

It was frightening. 

Comment ID 1326.001.001 

Author Name: Gramford N. 

Organization: 

With luck, I may be your last one. You never know. I'm Norman Gramford and I live in Fernandina Beach. I am a 

newcomer to Florida and Georgia. I started out down in the Keys, went to school there. 

Comment ID 1327.001.001 

Author Name: Register D. 

Organization: Baker County Chamber of Commerce 

But I wanted to start by saying, while I'm not qualified to speak to the technical data, as a business owner, I wanted you 

and EPA to hear my thoughts on what this will do to business. I'm Darryl Register. I'm a third generation dairy farmer 

from Baker County, and I'm the executive director of the Baker County Chamber of Commerce. And I want to thank you 

for scheduling these additional public sessions and taking the time to come here tonight. 

Comment ID 1328.001.001 

Author Name: Register L. 

Organization: 

I'm Lloyd Register, and I'm here also as a farmer. That's all I've ever done all my life. I have made my living out of the 

ground, you might say. 

Comment ID 1329.001.001 

11/19/2010 02:48 PM EST 2-1326
 
Chapter 2 - Comment Documents Background 

Author Name: Assaf R. 

Organization: Florida Farm Bureau and Florida Cattle Association 

My name is Robert Assaf. I represent the Farm Bureau, Florida Cattle Association. My grandfather -- I'm going to wax 

eloquent and then get somewhat philosophical with you, because I'm not a scientist. My grandfather emigrated to this 

country, took roots in Jacksonville. My father was born and raised here, as was I. I have three sons also born and all 

have families in Jacksonville, Florida. I live on a 100-acre beef cattle ranch, and I farm an additional 700 acres for 

commercial hay. I also have a 300-acre beef and commercial hay operation in Southeast Georgia, where we bale 

premium horse-quality hay. I'm not going to attempt to debate or enter a dialogue with you over water quality or 

nutrient criteria or any other scientific based argument, which I am not capable of, and I am not a scientist. But I was 

born with a boat load of common sense, and I'm understandably a conservationist. 

Comment ID 1329.001.002 

Author Name: Assaf R. 

Organization: Florida Farm Bureau and Florida Cattle Association 

I grew up at the mouth of Trout River, where it flows into the St. Johns, and I fished and I shrimped the permitted length 

of it. As a teenager, I had a permit for shrimp trawling and commercially trawled the St. Johns from downtown to the 

ocean. After each trawl, I hurriedly picked up the small game fish to get them over the side and back into the river so 

they would survive. I saw our river become polluted by open sewers and industrial waste, and a saw those dumpings 

halted. I saw the Buckman sewage facility plant opened. I watched as the river renewed itself, and the fish that had left 

returned along with alternate other species. 

Comment ID 1329.001.003 

Author Name: Assaf R. 

Organization: Florida Farm Bureau and Florida Cattle Association 

I watched man bulldoze the sand dunes for apartment buildings at the beach and thought, that's got to -- that's got to be 

a stupid idea. God planned the wind to build the dunes, and when the northeaster and the hurricanes came, the dunes 

took the brunt of the wave action and returned from whence it came. It was cyclical, and so it seemed to me that that's 

the way it was, and I believe history bears out that I possibly was correct. The point I wish to make is that the 

government seems to be hellbent on making people's lives miserable, whether it's changing a zoning law and putting an 

apartment building where nobody wants it, or whether it's bussing children all over the county to achieve some sort of 

government-mandated quota system, or whether it's a government educational curriculum teaching our children that 

there are no longer any standards and any and everything is acceptable. More to the subject at hand. We're in the 

fight of our lives with the inheritance tax threatening to steal our land we worked so hard for to try to leave it to our 

children, which are the future ranchers and farmers. We just recently successfully beat the state that declared that it 

owned all property that ever had a flood on it and calling it a hundred year flood plan or something like that. Some 

11/19/2010 02:48 PM EST 2-1327
 
Chapter 2 - Comment Documents Background 

ranchers would have lost more than half of their property, their privately owned property, and lost their land if the state 

would have been successful. 

Comment ID 1329.001.004 

Author Name: Assaf R. 

Organization: Florida Farm Bureau and Florida Cattle Association 

I worked for the Army Engineers when they desired to make the Kissimmee River, that's crooked as a snake, straight, in 

what they called a Cross Florida barge canal. They condemned land further than our forest and created more 

destruction than I could if I had a thousand years to try. And now they're spending millions trying to repair it and put it all 

back together again. 

Comment ID 1329.001.005 

Author Name: Assaf R. 

Organization: Florida Farm Bureau and Florida Cattle Association 

And let's not even talk about this camping carbon footprint fiasco that Al Gore and the boys and the other kooks like him 

almost pulled off and probably are still trying, even though the American public has figured it out and understands it's 

just a get-rich scheme based on junk science backed by the super rich and their anti-American politicians that have 

helped put them in office. 

Comment ID 1330.001.001 

Author Name: Goller L. 

Organization: 

Good evening. My name is Leslie Goller, and I thank you very much for having this public hearing. I speak for the 

public too, and I have a difference of opinion than your last speaker. I served for seven years on Jacksonville's 

Environmental Protection Board. I also served on the mayor's environmental advisory board. 

Comment ID 1330.001.003 

Author Name: Goller L. 

Organization: 

I'm afraid that people have become used to having very little regulation and certainly very little enforcement, given what 

we've had previous to our current administration, and they've gotten spoiled. And unfortunately, humans aren't really 

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Chapter 2 - Comment Documents Background 

truthfully very good people. We're very selfish, and we tend to not do what's right for everyone. 

Comment ID 1331-1.001.001 

Author Name: Aldstadt S. 

Organization: City of Pensacola Public Works 

The City of San Bernardino Municipal Water Department, California (San Bernardino) appreciates the opportunity to 

submit these comments on the water quality standards the United States Environmental Protection Agency (EPA) 

proposes for the State of Florida. (See Water Quality Standards for the State of Florida's Lakes and Flowing Waters; 

Proposed Rule, 75 Fed. Reg. 4174 (Jan. 26, 2010).) 

Comment ID 1331-1.001.003 

Author Name: Aldstadt S. 

Organization: City of Pensacola Public Works 

San Bernardino's interest in this proposed rule stems from the city's provision of municipal wastewater treatment 

services. The San Bernardino Municipal Water Department provides trusted, quality wastewater treatment services in 

California for the city, Lorna Linda, East Valley, San Bernardino International Airport, Patton State Hospital, and 

unincorporated areas of San Bernardino County. The wastewater treatment processes and associated discharges must 

comply with waste discharge permits issued in accordance with the state's Porrer-Cologne Water Quality Control Act 

and federal National Pollutant Discharge Elimination System (NPDES) program. 

Comment ID 1332.001.001 

Author Name: Story V. 

Organization: 

Good afternoon. I just want to come down to this hearing today. I saw you-all in Orlando, and I wanted to show the folks 

of Southwest Florida what a real farmer is. And I'm going to put my hat up here while I speak. And I don't mean to cover 

that. MR. KING: You also need to give us your name if you would, please, sir. Just give us your name -- MR. STORY: I 

just want you-all to know that I'm -- MR. KEATING: Your name, sir? MR. KING: You have to give us your name as well. 

MR. KEATING: Your name. Name? MR. STORY: Victor Story. MR. KING: Thank you. Yeah, that's all right. MR. 

STORY: I just want you-all to know that I'm considered a leader in the farm community of Citrus, Florida. I serve on 

boards of Florida Citrus Mutual, and I also am a former Citrus commissioner. Among other things, I'm active in my 

county government. 

And I want you to know that I've been blessed. My family and I have accumulated some land over the years, and I want 

everybody here to know that we are good stewards of our land. We're move environmentally aware than we were a 

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Chapter 2 - Comment Documents Background 

number of years ago. We do a lot of things today that we didn't, and we've been active in BMPs. We've spent hundreds 

of thousands of dollars on variable rate technology. We're also working now on control for these provided, to see if we 

can use less and do the same job. But we have to -- we have to consider the economics of what we do, and I want 

some of the folks here to know that we don't put fertilizer out in the rainy season; that's part of the BMP. 

Comment ID 1332.001.005 

Author Name: Story V. 

Organization: 

I have five children, 11 grandchildren, and blessed last week with my first great grandchild. They all live here in Florida, 

and I want it to be the same for them as it was for me. You know, we've had a lot of progress in Florida -- I say 

progress, and things can't ever be the way they used to be. But all of us working together, we can do it. And I would just 

like to express how attentive both you gentleman have been to these speakers today, and I truly appreciate that. Thank 

you. 

Comment ID 1333.001.001 

Author Name: Hauck A. 

Organization: Council of Civic Associations 

Thank you. I'll try to go -- MR. KING: -- work through the statement, if that's all right. MS. HAUCK: I'll try to go at speed, 

though. My name is Ann Hauck. I'm the cofounder of the Council of Civic Associations, a not-for-profit organization 

registered with the State of Florida since 1996. Our goal is to make government at all levels accountable for enforcing 

the laws for which they are responsible for the benefit of all citizens, and not just specific special interest groups. 

Comment ID 1333.001.009 

Author Name: Hauck A. 

Organization: Council of Civic Associations 

Thank you for giving me that -- MR. KING: Thank you, and feel free, if you would like to leave your comments with the 

court reporter -- MS. HAUCK: I also have a letter. I have been asked to give this to you, a letter to Lisa Jackson to the 

IG. My bergs -- MR. KING: Sure. MS. HAUCK: I've been asked by the EPA. MR. KING: Thank you very much. Let the 

record reflect that we received a letter, and I'm going to go ahead and hand this to the court reporter, and we appreciate 

your comments. 

Comment ID 1334.001.001 

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Chapter 2 - Comment Documents Background 

Author Name: Milicevic M. 

Organization: 

Thank you. My name is Michael Milicevic. I live in Lake Placid, Florida, home to many pristine lakes. I'm the general 

manager for Lykes Brothers, Inc., which is a diversified agricultural operation in South Central Florida. I manage the 

cattle, forest, sugarcane, landscape, tree, and turf business, as well as oversee our best management practices for our 

water quality. I'm here today representing myself and my family's ranch as a third generation Floridian, cattleman, and 

ag producer. I'm the vice president of our family's 4,000-acre ranch, which is southeast of LaBelle, Florida. 

Comment ID 1334.001.002 

Author Name: Milicevic M. 

Organization: 

I would like to start off and talk off about BMPs very quickly. Ag, in general, has been developing, implementing, and 

analyzing these BMPs for water quality since the early 1990s. We abide by these BMPs. We can't afford to go against 

these BMPs, especially today, with the high cost of fertilizer we go out and we do tissue analysis, sample our forages, 

we soil-test, and then we make an analysis of what kind of fertilizer we can put on. We can't afford to put excess 

nutrients on. We can barely afford to put on the plant is currently needing. 

Comment ID 1335.001.001 

Author Name: Littlejohn C. 

Organization: Florida Land Council 

Thank you. My name is Cindy Grow Littlejohn, and I represent the Florida Land Council, an organization of landowners 

who together make up about two and a half million acres of land throughout the state. 

Comment ID 1335.001.009 

Author Name: Littlejohn C. 

Organization: Florida Land Council 

Right now we are a silent majority watching and waiting on the side lines. We are literally the entire business community 

of Florida and almost every municipal and county government statewide. We are the Florida legislature and almost 

every member the Florida's cabinet. We are all five of Florida's water management districts. And when the rest of 

Florida figures out what is happening, it will be almost every single person who lives and pays taxes in this state. 

11/19/2010 02:48 PM EST 2-1331
 
Chapter 2 - Comment Documents Background 

Comment ID 1336.001.001 

Author Name: Crenshaw A. 

Organization: United States House of Representatives 

I represent an important person. I'm really not important. 

Comment ID 1336.001.005 

Author Name: Crenshaw A. 

Organization: United States House of Representatives 

The most cost effective way to reduce pollution is to phase out wastewater discharges. I understand this and that is why 

I've been fighting in Washington to ensure our local communities have access to EPA, state and tribal assistance grants 

that match local contributions to build state of the art and higher capacity wastewater treatment systems. Throughout 

my service in government, I have tried to maintain a balanced approach to all issues including those regarding our 

environment. I believe that we must be good stewards of our natural resources and pass along a healthy environment 

for our children and grandchildren. 

Comment ID 1337.001.001 

Author Name: Traylor D. 

Organization: 

My name is Dean Traylor. I represent the lawn care industry. I've been in the green industry 37 years, representing -- or 

involvement in irrigation, landscaping, landscape maintenance, nurseries and product sales. I've seen a lot of changes 

that have occurred in the Jacksonville area and North Florida in that 37 years, and one thing that I would like to bring to 

attention -- you know, being a little bit older, you have a little bit more recollection of events that have taken place, and 

... 

Comment ID 1337.001.002 

Author Name: Traylor D. 

Organization: 

I'd like to go back to 1983, when the Jacksonville City Council enacted the Duval County Landscape Ordinance. 

Prior to that, there had been commentary -- you know, the trend of the developer was to build a building, pour concrete 

and pave, with little regard to replacing the vegetation that might have been destroyed to accommodate development. 

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Chapter 2 - Comment Documents Background 

The city government saw what was taking place, and to preserve the environment or to restore what was being 

replaced, they set standards. You've got to have -- so much areas got to be green. So much of that area has got to be 

turf. So much of the area has to be tree -- there had to be so many trees and so many plants. And being in the industry, 

that was a great thing. 

I remember prior to 1983, there was 12 -- there were 12 landscape contractors in the Yellow Pages in Jacksonville, and 

I think there was one maintenance contractor in Jacksonville in the Yellow Pages. And I wouldn't -- I haven't taken an 

exact count, but I would say that the pages are in the dozens now for all the services involved. So the city created jobs. 

The one thing about complying with regulation is there's an expense, and there was -- there was a lot of discontent with 

having to spend extra money in development. But the developers complied, the landscapers installed, and there was a 

minimum amount of turf, green space that was created, because we saw what was taking place -- well, anyway, saw 

what was taking place, and there wasn't attention placed in replacing vegetation. 

All right. So with that said, you've got a government mandate, local level, and people were complying. You make an 

investment; you've got to maintain it, just like a vehicle or a home or anything else. And to maintain a landscape 

requires two things: water and nutrients. 

Comment ID 1338-1.001.018 

Author Name: Champion T. 

Organization: Georgia-Pacific Corporation, LLC 

We again appreciate the opportunity to submit comments on the above proposed amendments. If you have any 

questions regarding our comments, please contact me at (404) 652-4776 or Robert Sackellares at (404) 652-6430. 

Comment ID 1339.001.004 

Author Name: Speed Sr. D. 

Organization: Douglas Speed & Associates 

At a recent meeting somebody said, "Well, you just want us to use it because you make the product." Yes, we do, but 

you can't patent my product. It's a living organism, and you can't patent living organism. Plus half of my business is 

pond and retention cleanup. If the same people used my product, the ponds would not get bad and I'd lose that 

business. And I'd like to see that because I think it's more important that we clean up the environment. 

Comment ID 1340.001.001 

Author Name: Price J. 

11/19/2010 02:48 PM EST 2-1333
 
Chapter 2 - Comment Documents Background 

Organization: Rayonier 

Good afternoon and thank you for the opportunity to comment on these rules. My name is Janet Price and I'm here 

representing Rayonier, a publicly traded international forest products company based in Jacksonville. Rayonier 

operates four businesses, timber, real estate, performance fibers and lumber. On an annual basis Rayonier contributes 

over $100 million to the state's economy in the form of property taxes, payments to Florida vendors and payroll. We are 

the fourth largest landowner in Florida with over 435,000 acres of timberlands. It is management of those timberlands 

that I want to focus my comments on today. 

Comment ID 1341.001.001 

Author Name: Ambrose L. 

Organization: Genesis Group 

Good afternoon. My name is Louise Ambrose. I'm an attorney with Genesis Group, a land planning, engineering and 

landscape architecture design firm that has three branch locations in Florida, here in Jacksonville, Tallahassee and 

Tampa, and we work with both planned and develop large and small scale development ranging from residential, 

commercial, retail and mixed uses. And in 2007, we opened up our applied sciences division which basically provides 

environmentally focused approaches, implementing low impact designs and Best Management Practices for developers 

and also the public sectors that want to do green development. And with that, we worked pretty closely with some 

members with the University of Florida's IFAS department, the National Estuarine Research Reserve in Ponte Vedra 

here, and also DP. 

Comment ID 1342.001.001 

Author Name: Johns D. 

Organization: 

Hello. My name is Danny Johns. I'm a fourth generation potato farmer in Hastings. I grow 600 acres of table stock 

potatoes, reds, whites, yellows, fingerlings. I employ 12 employees and 65 seasonally, which, the good Lord willing, in 

about three weeks we'll start harvest, so 65 employees. 

Comment ID 1342.001.003 

Author Name: Johns D. 

Organization: 

Agriculture, I feel, has a black eye, is an easy target. We're already doing a lot of things precision agriculturewise, to 

labor leveling, land irrigation, improving irrigation efficiences, water control structures, split applications of fertilizers. 

We're working with the university on different varieties of potatoes that require different nutrient requirements. We have 

11/19/2010 02:48 PM EST 2-1334
 
Chapter 2 - Comment Documents Background 

a variety of trials. My nephew is putting a drip tape on his farm on 5 acres and just trying to continually improve our 

operation to be more efficient. 

Comment ID 1342.001.006 

Author Name: Johns D. 

Organization: 

So in your -- I encourage you to work within the DEP and things that have been going on. At least use our expertise and 

come out to the farms and see exactly what -- what we are doing and the progress we have made. I'm very proud of our 

operation. Any farmer you talk to, you can see the pride in him. And we're very happy to see people. We're so far 

removed now, most of the people used to live on the farm, we no longer have that. 

So I appreciate your consideration and we will submit written reports on it. I'm a much better writer than I am a talker, 

too. I apologize for that. 

Comment ID 1343.001.001 

Author Name: Welch L. 

Organization: 

Good afternoon. Excuse me. I'm Lane Welch. I'm a resident and a homeowner. I'm representing my family here. 

Comment ID 1344.001.002 

Author Name: Carter K. 

Organization: South Florida Water Management District 

Good afternoon. Kevin Carter representing the South Florida Water Management District. We are the water managers 

of Orange County, from Orlando down south to Key West and on the west coast from Fort Myers over to the lower east 

coast, including our headquarters in West Palm Beach, and I'm glad to be here today. Day three of three for your 

second trip to the state of Florida and overall six of six. The district wants to thank the EPA very much for taking time to 

come down and get very important comments from the stakeholders across this great state. They've been very 

interesting days, and I hope you're able to get some useful information from it. 

Comment ID 1346-1.001.001 

Author Name: Still D. 

11/19/2010 02:48 PM EST 2-1335
 
Chapter 2 - Comment Documents Background 

Organization: Suwannee River Water Management District 

The Suwannee River Water Management District (SRWMD) is charged by Chapter 373, Florida Statutes, to protect and 

manage water resources to support natural systems and public needs, under four primary areas of responsibility: water 

supply, flood protection, water quality, and natural systems. 

Our district contains a number of unique resources, including the highest concentration of first magnitude springs in the 

country and one of the longest unimpeded rivers on the East Coast. Our population is mostly rural and largely 

dependent on agriculture and related industries. 

Comment ID 1346-1.001.003 

Author Name: Still D. 

Organization: Suwannee River Water Management District 

The SRWMD appreciates the opportunity to provide the following comments concerning the water quality standards 

proposed by the U.S. Environmental Protection Agency (EPA) on January 26, 2010. 

Comment ID 1346-1.001.017 

Author Name: Still D. 

Organization: Suwannee River Water Management District 

The SRWMD again thanks EPA for the opportunity to comment on this important rule-making, and looks forward to 

working with EPA and other agencies to protect our diverse natural systems in the interest of the citizens of the District. 

Comment ID 1347.001.001 

Author Name: McAuley R. 

Organization: Alabama Pulp & Paper Council 

Comments on Proposed Numeric Nutrient Water Quality Criteria for the State of Florida Docket ID No. EPA-HQ-OW2009-0596 The Alabama Pulp & Paper Council appreciates the opportunity to comment on Proposed Numeric Nutrient 

Water Quality Criteria for the State of Florida. The Alabama Pulp & Paper Council represents the 14 pulp and paper 

mills in Alabama. 

Comment ID 1348-1.001.001 

Author Name: Vick J. 

11/19/2010 02:48 PM EST 2-1336
 
Chapter 2 - Comment Documents Background 

Organization: Gulf Power Company 

Gulf Power Company (Gulf) appreciates the opportunity to provide the following comments in response to the United 

States Environmental Protection Agency's (EPA's) proposed numeric nutrient criteria (NNC) rule for Florida's lakes and 

flowing waters, as published at 75 Fed. Reg. 4174 (January 26, 2010). 

Comment ID 1348-1.001.002 

Author Name: Vick J. 

Organization: Gulf Power Company 

1. Gulf Power Gulf is an investor owned utility located in Pensacola, Florida. We serve over 428,000 customers in 71 

towns in Northwest Florida. Gulf has a number of permits which authorize the release of treated wastewater to Florida 

surface waters by the Florida Department of Environmental Protection (FDEP) under Florida's EPA-approved National 

Pollutant Discharge Elimination System (NPDES) permit program. Conditions in these permits are derived from, based 

on, and implemented through Florida's federally approved water quality standards program and Total Maximum Daily 

Load (TMDL) program. 

Comment ID 1348-1.001.016 

Author Name: Vick J. 

Organization: Gulf Power Company 

Gulf appreciates the opportunity to supply comments to EPA on the proposed NNC. If you have any specific questions 

on this response please feel free to call 

Comment ID 1349-1.001.001 

Author Name: VanDe Hei D. 

Organization: Association of Metropolitan Water Agencies 

The Association of Metropolitan Water Agencies (AMWA) appreciates the opportunity to provide comments to EPA on 

the proposed water quality standards for the state of Florida's lakes and flowing waters. AMWA is an organization of the 

largest publicly owned drinking water systems in the United States. AMWA has two specific comments for EPA 

regarding the proposal referenced above: 

Comment ID 1349-1.001.005 

Author Name: VanDe Hei D. 

11/19/2010 02:48 PM EST 2-1337
 
Chapter 2 - Comment Documents Background 

Organization: Association of Metropolitan Water Agencies 

AMWA again appreciates the opportunity to provide comment. If there are any questions, please do not hesitate to 

contact Erica Brown, Director of Regulatory Affairs and Scientific Program Development, or me at 202-331-2820. 

Comment ID 1350-1.001.001 

Author Name: Schwartz J. 

Organization: American Forest & Paper Association 

We appreciate the opportunity to provide comments on EPA's proposed numeric nutrient criteria for Florida waters 

("Proposal"). The American Forest & Paper Association (AF&PA) is the national trade association of the forest products 

industry, representing pulp, paper, packaging and wood products manufacturers, and forest land owners. Our 

companies make products essential for everyday life from renewable and recyclable resources that sustain the 

environment. The forest products industry employs approximately 1 million people and is among the top 10 

manufacturing sector employers in 48 states. 

Comment ID 1351.001.001 

Author Name: Kaluzniak D. 

Organization: City of Atlantic Beach 

Good afternoon. My name is Donna Kaluzniak. I'm a certified environmental professional and I'm the utility director for 

the City of Atlantic Beach, Florida. 

Comment ID 1352-1.001.027 

Author Name: Herr M. 

Organization: Polk County 

Many Polk County lakes are prized for the great fishing experience they offer. Consider the following bulleted points 

regarding the recreational value of Polk County lakes. 

• Polk County's recreational fishing has a value range of $22-53 million/year. 

• Polk County sells more freshwater fishing licenses than any other County in the state. 

• The Winter Haven Chain of Lakes has a recreational fishing value range of approximately $3-4.5 million/year. 

• The Kissimmee Chain of Lakes has a recreational fishing value of approximately $23 million/year. 

• State-wide recreational bass fishing is worth $1.25 billion/year. 

• Bass anglers spend 15 million days/year fishing, more than any other species, fresh or salt water. 

• Polk County is home to the certified state record bass 171bs. 4.25 oz, caught in 1986 

11/19/2010 02:48 PM EST 2-1338
 
Chapter 2 - Comment Documents Background 

(Paul Thomas, Florida Fish & Wildlife Commission, email correspondence 3/31/10). 

Comment ID 1352-1.001.035 

Author Name: Herr M. 

Organization: Polk County 

The purpose of this document is to provide a review and critique of two documents released by the U.S. Environmental 

Protection Agency - "Water Quality Standards for the State of Florida‘s Lakes and Flowing Waters (EPA, 2010a) and 

Technical Support Document for U.S. EPA's Proposed Rule for Numeric Nutrient Criteria for Florida's Inland Surface 

Fresh Waters (TSD) (EPA, 2010b). There are sections for each of the following: • Lakes • Streams • Springs and Clear 

Streams • Canals There is also a review of the Spatially Referenced Regressions on Watershed attributes (SPARROW) 

model developed by the U.S. Geological Survey for the Southeastern United States and used by EPA in the 

development of downstream protection values for streams. 

Comment ID 1355-1.001.002 

Author Name: Barker V. 

Organization: Brevard County Board of County Commissioners 

The comments provided represent review of the proposed EPA NNC by Brevard County staff and our sub-consultant 

(Janicki Environmental, Inc.), review of FDEP's comments on EPA's proposal, county participation in EPA and FDEP 

workshops on the proposed NNC, as well as discussions with stafffrom EPA, FDEP, and the St Johns River Water 

Management District (SJRWMD). To facilitate an easier review, we have provided general comments with bold 

subheadings in this cover letter while the attached sub-consultant report is divided into an Executive Summary, Lakes, 

Streams, Application of the SPARROW Model, Springs and Clear Streams, South Florida Canals, and References. 

Comment ID 1355-1.001.013 

Author Name: Barker V. 

Organization: Brevard County Board of County Commissioners 

Please note that Brevard County is a long-time supporter of programs that reduce pollution of surface waters. The 

County adopted stormwater regulations in 1978 and formed a stormwater utility in 1990 to assist in protecting and 

restoring the nationally significant resources of the Indian River Lagoon and the St Johns River. Brevard County has 

completed over $22M in stormwater retrofit projects, has approximately $10M drainage improvement projects underway 

and many more master planned projects proposed for funding in the county 's 5-year Capital Improvement Plan. So far, 

23 wet ponds, 14 dry retention ponds and 283 nutrient separating and sediment removal devices have been installed. 

Baffle boxes, curb inlet baskets, sediment traps, grated inlet skimmer baskets, and inlet weirs are inspected and 

11/19/2010 02:48 PM EST 2-1339
 
Chapter 2 - Comment Documents Background 

maintained regularly. 

We look forward to working with you to address these comments and ensure proper water quality for invaluable fresh 

water resources. I can be phoned at (321) 633-2016 or emailed at virginia.barker@brevardcounty.us for clarification on 

the county's concerns. 

Comment ID 1355-2.001.001 

Author Name: Barker V. 

Organization: Brevard County Board of County Commissioners 

The purpose of this document is to provide a review and critique of two documents released by the U.S. Environmental 

Protection Agency - "Water Quality Standards for the State of Florida‘s Lakes and Flowing Waters (EPA, 2010a) and 

Technical Support Document for U.S. EPA's Proposed Rule for Numeric Nutrient Criteria for Florida's Inland Surface 

Fresh Waters (TSD) (2010b). There are sections for each of the following: - Lakes - Streams - Springs and Clear 

Streams - Canals There is also a review of the Spatially Referenced Regressions on Watershed attributes 

(SPARROW) model developed by the U.S. Geological Survey for the Southeastern United States and used by EPA in 

the development of downstream protection values for streams. 

Comment ID 1356-1.001.008 

Author Name: Hayes D. 

Organization: Manatee Chamber of Commerce 

Thank you again for the opportunity for Manatee County to provide comments on EPA 's Proposed Water Quality 

Standards for the State of Florida's Lakes and Flowing Waters. 

Comment ID 1359-1.001.043 

Author Name: Andes F. 

Organization: Barnes & Thornburg LLP on behalf of Federal Water Quality Coalition 

C. EPA's Proposals Do Not Follow EPA Guidance or SAB Recommendations. 

1. EPA's proposed criteria fail to follow EPA technical and policy guidance. 

EPA has issued a variety of guidance documents relating to the development of numeric nutrient criteria. Technical 

guidance documents include EPA's 1985 Guidelines for Deriving Numerical National Water Quality Criteria for the 

Protection of Aquatic Organisms and Their Use (USEPA 1985) (hereinafter National Guidelines), the Nutrient Criteria 

Technical Guidance Manual - Rivers and Streams (USEPA 2000) (hereinafter Rivers and Streams Technical Guidance 

Manual), and the Nutrient Criteria Technical Guidance Manual - Lakes and Reservoirs (USEPA 2000) (hereinafter 

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Chapter 2 - Comment Documents Background 

Lakes and Reservoirs Technical Guidance Manual). More recently, EPA has been developing a guidance called 

Empirical Approaches for Nutrient Criteria Derivation (draft 2009), which is undergoing review by EPA's Science 

Advisory Board. In addition, in 2001 and 2003, EPA published recommended water quality criteria for nutrients based 

on an ecoregion approach under section 304(a) of the Clean Water Act. See 66 Fed. Reg. 1671 (Jan. 9, 2001); 68 Fed. 

Reg. 557 (Jan. 6, 2003). 

EPA also has issued various policy documents, including the National Strategy for the Development of Regional 

Nutrient Criteria (USEPA June 1998) (noticed in the Federal Register on June 25, 1998 at 63 Fed. Reg. 34648) and the 

2001 memorandum from Geoffrey Grubbs to states on the Development and Adoption of Nutrient Criteria into Water 

Quality Standards. 

Although EPA has developed recommended nutrient criteria under section 304(a), EPA has made it clear that its criteria 

are merely a starting point and states should use EPA's technical guidance to develop water body specific criteria. In 

fact, nutrient criteria that fully reflect localized conditions and protect specific designated uses, using the process 

outlined in the technical guidance manuals, are preferred: 

EPA strongly encourages states, territories and authorized tribes to refine these recommendations based on the key 

elements of nutrient criteria development (historical information, reference conditions, models, consideration of 

downstream effects, and expert judgment) discussed in EPA's published Technical Guidance Manuals (Lakes and 

Reservoirs: EPA-822-B00-001; Rivers and Streams: EPA-822-B-00-002). EPA recognizes that states and authorized 

tribes have several options available to them and recommends the following approaches, in order of preference: (1) 

Wherever possible, develop nutrient criteria that fully reflect localized conditions and protect specific designated uses 

using the process described in EPA's Technical Guidance Manuals for nutrient criteria development. Such criteria may 

be expressed either as numeric criteria or as procedures to translate a state or tribal narrative criterion into a quantified 

endpoint in state or tribal water quality standards. 

Grubbs 2001, at 15. See also 68 Fed. Reg. at 558 ("It is not mandatory or expected that the reference condition so 

derived [using the 75th percentile of all reference data] be translated directly into a criterion."). 

EPA's National Guidelines establish the threshold principles that all aquatic water quality criteria must meet. First, the 

purpose of criteria is to protect aquatic organisms and their uses from unacceptable effects. See National Guidelines, at 

vi. Thus, "[t]he concentrations, durations, and frequencies specified in criteria are based on biological, ecological, and 

toxicological data, and are designed to protect aquatic organisms and their uses from unacceptable effects." Id. at 16. 

To develop such criteria, adequate data must be available or the criteria should not be developed. Id. at 5-6. 

Specifically, there must be adequate data on pollutant levels that cause an unacceptable adverse effect on any of the 

specified biological measurements. Id. at 39. For materials that have a threshold effect, continuous exposure below the 

threshold will not cause an unacceptable effect on aquatic organisms. Defining that threshold is part of criteria 

development. Id. at 8. 

EPA's Rivers and Streams Technical Guidance Manual discusses three general approaches for criteria setting: (1) 

identification of reference reaches for each stream class based on best professional judgment or percentile selections 

of data plotted as frequency distributions, (2) use of predictive relationships (e.g., trophic state classifications, models, 

biocriteria), and (3) application and/or modification of established nutrient/algal thresholds (e.g., nutrient concentration 

thresholds or algal limits from published literature). Rivers and Streams Technical Guidance Manual, at 13. 

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Chapter 2 - Comment Documents Background 

Whatever approach is used, however, the Rivers and Streams Technical Guidance Manual makes it clear that 

establishing a cause-and-effect relationship between nutrients and an adverse response is critical: 

When evaluating the relationships among nutrients and algal response within stream systems, it is important to first 

understand which nutrient is limiting. Once the limiting nutrient is defined, critical nutrient concentrations can be 

specified and nutrient and algal biomass relationships can be examined to identify potential criteria to avoid nuisance 

algal levels. Rivers and Streams Technical Guidance Manual, at 13. 

Comment ID 1361-1.001.011 

Author Name: * * 

Organization: North Carolina Division of Water Quality 

Thank you for the opportunity to provide comment on the proposed criteria. 

Comment ID 1363-1.001.006 

Author Name: Butler N. 

Organization: Smurfit-Stone Container Enterprises, Inc. 

Smurfit-Stone appreciates the opportunity to provide comments on this critical regulation. If you have any questions, 

please contact me at 770-570-1609. 

Comment ID 1364-1.001.002 

Author Name: Hall T. 

Organization: Lee County Board of County Commissioners Southwest Florida 

I. Background on Lee County 

Lee County is an 804-square-mile metropolitan area of approximately 600,000 residents located along the Gulf Coast of 

Southwest Florida. Known for its 50 miles of white sand beaches on the Gulf of Mexico, Lee County receives 

approximately 5 million visitors a year that generate approximately $3 billion in economic impacts. Lee County tourism 

employs 1 out of every 5 people within the County. To be sure, protection of our precious natural and water resources is 

critical to Lee County and its residents, as well as to our tourism industry. While the economic impact of the tourism 

industry can be measured in dollars and cents, we also benefit from the quality of life to which a healthy ecosystem 

contributes. 

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Chapter 2 - Comment Documents Background 

Comment ID 1366.001.001 

Author Name: Farago A. 

Organization: FRIENDS OF THE EVERGLADES 

Friends of the Everglades was founded by Marjory Stoneman Douglas in 1969. Ms. Douglas, for her work protecting 

Florida's environment, was awarded the Congressional Medal of Freedom. Protecting Florida's water quality from 

nutrient pollution was and remains an abiding concern of our members throughout the state. 

Comment ID 1367-1.001.001 

Author Name: Massaro M. 

Organization: Orange County Public Works Department 

Orange County (County) is located within Central Florida and has over 500 natural surface waters. Orange County 

Public Works (OCPW) maintains, on a monthly basis, approximately 1600 retention/detention ponds that eventually 

discharge into these natural features. The County has been working with the Florida Department of Environmental 

Protection (FDEP) on the Total Maximum Daily Loads (TMDL) program to come up with scientifically sound nutrient 

loads for specific basins within and bordering the County. During this process, OCPW provides maintenance 

information such as street sweeping, pond, ditch, and canal maintenance. These maintenance activities aid in 

determining nutrient loads, which in tum, allows the County to determine additional tangible measures to further reduce 

nutrient loads. 

Comment ID 1369.001.001 

Author Name: Ansell V. 

Organization: Duval County Farm Bureau 

My name is Valerie Ansell. I'm a Duval County Farm Bureau Women's Committee Chair. When I began researching the 

topic of numeric nutrient criteria, I quickly find out that there's a lot more to this problem than many may realize. We are 

all here to tell our story, to give you our opinion. I grew up in 4-H raising dairy cows. Spreading the word that chocolate 

milk doesn't come from brown cows, like a little boy told me today while I was reading to his class, is part of my passion. 

Comment ID 1370-1.001.003 

Author Name: Hanson R. 

Organization: Orange County Utilities 

Summary of OCU Water Reclamation Facilities 

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Chapter 2 - Comment Documents Background 

Orange County Utilities has invested hundreds of millions of dollars to eliminate surface water discharges from our 

three regional water reclamation facilities. Our reclamation facilities are permitted to treat to high standards up to 70 

million gallons of wastewater each day. The majority of the reclaimed water produced by our facilities is reused for 

public access irrigation, cooling water for the Curtis H. Stanton Energy Center, irrigation water on our facility sites, and 

recharge of our local aquifers through rapid infiltration basins (RIBs). Our surface water discharges are limited to two 

locations that discharge a total flow of only 9.2 MGD, or 20% of our total wastewater effluent. The remaining 38 MGD is 

reused and not discharged to surface waterbodies, thereby preventing many thousands of pounds of nutrients from 

entering our surface water environments namely 2,700 lbs of nitrogen and 1,800 lbs of phosphorus each day. 

The reclaimed water that is discharged to surface water receives additional treatment by flow through manmade and 

natural wetlands prior to discharge. These wetlands remove additional nutrients such that the nutrients we do discharge 

to downstream waterbodies are a small fraction of the total nutrient load on these waterbodies. Our surface water 

discharges meet Florida standards for Advanced Wastewater Treatment (AWT). 

Our 40 MGD South Water Reclamation Facility (SWRF) supplies reuse water for residential, commercial, and 

agricultural irrigation (e.g., citrus crops), and it recharges the aquifer through RIBs. The SWRF has not discharged flow 

or nutrients to surface waters since 1986 other than a few rare discharges resulting from emergency conditions. 

Discharges to surface water from our Eastern Water Reclamation Facility (EWRF) is limited to 6.2 MGD after treatment 

to AWT standards followed by supplemental treatment in 150 acres of manmade wetlands and 150 acres of natural 

wetlands. These wetlands remove additional nutrients prior to the discharge to an unnamed tributary of the 

Econlockhatchee River. These wetlands would be dry if not for the hydration provided by reclaimed water. 

At our Northwest Water Reclamation Facility (NWRF), 3 MGD is discharged to manmade wetlands that outflow to Lake 

Marden. Lake Marden was a dry lake before being hydrologically restored by augmentation with reclaimed water. A 

small water body that is entirely on County property, Lake Marden is completely isolated from other waterbodies and its 

only discharge is into the aquifer. Since Lake Marden is not considered a water of the state, it has always been exempt 

from NPDES permitting. 

Our efforts to create, reclaim, and maintain wetlands at our EWRF and NWRFalong with the restoration of Lake Marden 

provide habitat for a wide variety of wildlife that would not exist without our efforts. Local populations of aquatic species, 

birds, and other larger animals are all increased and enhanced by the existence of our wetland treatment systems. All 

the flow that we reuse is water that would otherwise be discharged to surface water bodies. By embracing reuse, we 

prevent many thousands of pounds of nutrients from entering our surface waters and conserve precious potable water 

supplies. 

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Chapter 2 - Comment Documents Background 

Comment ID 1370-1.001.063 

Author Name: Hanson R. 

Organization: Orange County Utilities 

Orange County Wastewater Impacts to Surface Waters 

As previously mentioned, there are currently two Orange County owned and operated WRFs with surface water 

discharges which include the Northwest and the Eastern WRFs. The following paragraphs briefly describe the nature of 

the operations of each facility and their impacts on surface waters. 

Northwest WRF 

The OCU Northwest WRF is located in Apopka, Florida and its service area is shown in Figure 1. The WRF is two-stage 

carousel extended aeration domestic wastewater treatment facility with a permitted capacity of 7.5 million gallons per 

day (MGD) annual average daily flow (AADF). The WRF's permitted reuse land applications have a capacity of 7.9 

MGD which is comprised of a 4.9 MGD AADF rapid infiltration basin (RIB) system and an existing 3.0 MGD AADF slowrate restricted public access wetland enhancement system. The outfall from the wetland discharges to Lake Marden 

which is a closed lake (i.e., no positive outfall) on OCU property. The County's wastewater facility permit was 

subsequently revised in 2009 to reflect the new 0.80 MGD AADF permitted slow-rate restricted public access wetland 

enhancement system which discharges to Lake Cora Lee which is also considered a closed lake. 

Comment ID 1370-1.001.075 

Author Name: Hanson R. 

Organization: Orange County Utilities 

Introduction and Background CDM is currently serving as a subconsultant to Carollo Engineers (Carollo) under the 

Orange County Professional Engineering Services for Water and Wastewater Facilities Program Management Contract. 

Under the current task authorization, CDM is providing support to Carollo with preparation of a comment letter to the 

U.S. Environmental Protection Agency (UESPA) in response to the recent numeric nutrient criteria (NNC) for fresh 

waters in Florida proposed by that agency on January 14, 2010. For the purposes of this discussion, nutrients refer to 

total phosphorus (TP) and total nitrogen (TN). 

Comment ID 1370-1.001.077 

Author Name: Hanson R. 

Organization: Orange County Utilities 

The proposed NNC also require water quality standards to provide for the attainment and maintenance of the water 

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Chapter 2 - Comment Documents Background 

quality standards of downstream waters. For lakes, the applicable TP criterion for a stream that flows into a downstream 

lake is the more stringent of the criterion presented in Table 1 or a derived value based on an equation relating stream 

concentrations to numeric lake criteria. The same approach applies to protecting downstream estuaries where the 

applicable criteria for a stream is the more stringent of the criterion presented in Table 1 or a derived value based on an 

equation to protect the downstream estuary. 

Comment ID 1371-1.001.001 

Author Name: Porta T. 

Organization: Association of State and Interstate Water Pollution Control Administrators 

The Association of State and Interstate Water Pollution Control Administrators (ASIWPCA) offers these comments on 

USEPA's Proposed Rule on water quality standards for nitrogen and phosphorus for Florida's lakes and flowing waters. 

ASIWPCA's member states acknowledge the pressing issue of addressing nutrient pollution that is contributing to 

aquatic life, drinking water and aesthetic/recreational use impairments in our in-state waters as well as in coastal 

estuaries. Further, we accept the responsibility to assure that, as part of a comprehensive water quality management 

program, excessive nutrients that are contributing to such impairments are appropriately controlled. 

Comment ID 1375-1.001.001 

Author Name: Stewart G. 

Organization: Nabors Giblin and Nickerson on behalf of the City of Sunrise 

This letter and the attached comments have been prepared on behalf of the City of Sunrise in response to 40 CFR Part 

131 - The Water Quality Standards for the State of Florida's Lakes and Flowing Waters - as published in the Federal 

Registry on Tuesday, January 26, 2010. 

The City of Sunrise ("City") is a municipal corporation formed under the laws of the State of Florida. It is located in 

Broward County, Florida. The City provides water and wastewater throughout its municipal boundaries. Under the 

proposed Rule, the facilities of the City will be significantly impacted by the proposed Rule. 

Comment ID 1414-1.001.001 

Author Name: Poltak R. 

Organization: New England Interstate Water Pollution Control Commission 

The New England Interstate Water Pollution Control Commission (NEIWPCC), on behalf of its member states 

(Connecticut, Maine, Massachusetts, New Hampshire, New York, Rhode Island, and Vermont), appreciates the 

opportunity to submit comments on EPA's Proposed Rule for Water Quality Standards for the State of Florida's Lakes 

and Flowing Waters (referred to hereinafter as the Proposed Rule). The Northeast states agree that nutrient pollution is 

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Chapter 2 - Comment Documents Background 

a problem and as a result all ofthe states are in the process of developing nutrient criteria for their waters. As the states 

are making the assumption that the approach EPA takes for Florida may dictate the approach approved for other states, 

there is great interest in the Proposed Rule on the part of the Northeast states. We respectfully request that EPA 

consider the following comments: 

Comment ID 1415-1.001.001 

Author Name: Diffenderfer M. 

Organization: Lewis Longman & Walker, P.A. on behalf of Seminole Tribe of Florida 

Lewis, Longman & Walker, P.A., is providing these comments on behalf of the Seminole Tribe of Florida ("Seminole 

Tribe") regarding the United States Environmental Protection Agency's ("EPA") proposed rule establishing numeric 

nutrient criteria for the State of Florida (Docket ID No. EPA-HW-OW-2009-0596). We also appreciated the opportunity 

to provide oral comments during EPA's public workshop on February 18,2010, in West Palm Beach, Florida. 

Comment ID 1415-1.001.007 

Author Name: Diffenderfer M. 

Organization: Lewis Longman & Walker, P.A. on behalf of Seminole Tribe of Florida 

The Seminole Tribe recognizes the massive undertaking that EPA has in setting numeric nutrient standards for the 

State of Florida. The Seminole Tribe also appreciates EPA's continued commitment to honor its trust responsibility to 

the Seminole Tribe as a sovereign Indian nation. 

The Seminole Tribe thanks the EPA for its continued assistance with the development of water quality standards on our 

tribal lands and the development of a Numeric Nutrient Criteria Development Plan for our waters. The Seminole Tribe 

looks forward to meeting with EPA to discuss resolution of these concerns in more detail before the proposed rule 

becomes final. 

Comment ID 1416-1.001.001 

Author Name: Alves J. 

Organization: Florida Electric Power Coordinating Group, Inc. 

The Florida Electric Power Coordinating Group, Inc. (FCG) Environmental Committee provides the following comments 

in response to the United States Environmental Protection Agency's (EPA's) proposed numeric nutrient criteria (NNC) 

rule for Florida's lakes and flowing waters, as published at 75 Fed. Reg. 4174 (January 26,2010). 

Comment ID 1416-1.001.003 

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Chapter 2 - Comment Documents Background 

Author Name: Alves J. 

Organization: Florida Electric Power Coordinating Group, Inc. 

1. About the FCG 

The FCG Environmental Committee's members include investor-owned electric utilities, municipal electric utilities, and a 

cooperative electric utility that serves several member co-ops in Florida. FCG Environmental Committee members 

provide electricity to nearly 5 million customers in Florida, which represents over half of the state's electrical energy 

supply. The FCG Environmental Committee has long represented most Florida electric utilities on environmental issues 

affecting Florida. 

A significant number of FCG Environmental Committee members release treated wastewater to Florida surface waters 

as authorized by permits issued by the Florida Department of Environmental Protection (FDEP) under Florida's EPAapproved National Pollutant Discharge Elimination System (NPDES) permit program. Conditions in these permits are 

derived from, based on, and implement Florida's federally approved water quality standards program and Total 

Maximum Daily Load (TMDL) program. The radical changes to Florida's water quality standards, as set forth in the 

proposed NNC rule, present special problems for FCG Environmental Committee members, which are constantly 

engaged in planning new electric generating projects, planning upgrades to pollution control equipment, obtaining 

financing, seeking permit renewals, and setting utility rates. 

FCG Environmental Committee member employees and customers live throughout Florida, use Florida surface waters 

for recreation, and consume water from drinking water facilities that utilize Florida surface waters. The member utilities 

as well as their employees and their customers have an interest in providing reliable electric power at reasonable 

prices, while also advocating for water quality policies, laws and regulations that are based on good science. The FCG 

Environmental Committee believes that any new water policies should assure demonstrable environmental benefit 

without unnecessary or disproportionate economic impacts. 

Comment ID 1418-1.001.001 

Author Name: Dickerson J. 

Organization: JEA 

JEA provides the following comments in response to the United States Environmental Protection Agency's (EPA's) 

proposed "Water Quality Standards for the State of Florida's Lakes and Flowing Waters" (NNC rule) as published in the 

Federal Register on January 26, 2010. 

Comment ID 1418-1.001.003 

Author Name: Dickerson J. 

Organization: JEA 

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Chapter 2 - Comment Documents Background 

AboutJEA 

JEA is a municipal utility operating in Jacksonville, Florida (Duval County) and parts of three adjacent counties. The 

eighth largest municipal utility in the nation, JEA has adopted an Environmental Sustainability initiative to ensure that 

environmental, economic, and social factors are carefully evaluated in all of its major decisions affecting the community 

it serves. The initiative's objective is to strike an appropriate balance between providing reliable utility services and 

proactively addressing all environmental requirements to ensure sustainability. The JEA electric system currently serves 

more than 417,000 customers, the water supply system serves more than 305,000 customers, and the sewage 

collection, treatment, and disposal system serves about 230,000 customers in Northeast Florida. 

JEA's electric system includes three generating plants, approximately 730 miles of transmission lines, and 6,000 miles 

of distribution lines. JEA is a joint owner with Florida Power & Light Company (FPL) of the St. Johns River Power Park 

(SJRPP), which is operated by JEA. JEA also produces 3.2 megawatts (MW) fi'om a methane-fueled generating facility 

at the Girvin Road Landfill and 9.1 MW from the Trail Ridge Landfill. A 12.6 MW solar project is coming online in 2010. 

JEA was the City's electrical utility only until 1997. In 1997, under agreement with the City of Jacksonville, JEA also took 

over the City's water and sewer businesses. This transition was made to improve the operational efficiency of these 

services, and especially to improve the ongoing maintenance and expansion of this critical infrastructure through capital 

infusion that was available more easily through the regional utility authority than through a municipal government 

structure. 

JEA's water supply system consists of 134 artesian wells tapping the Floridan aquifer. Clean drinking water is 

distributed through 35 water treatment plants and 4,208 miles of water lines. 

JEA's wastewater collection, treatment, and disposal system includes more than 3,700 miles of collection lines, seven 

regional treatment plants, and eight nonregional treatment plants. Approximately 12 million gallons per day of 

wastewater is further treated and reused for industrial uses as well as for irrigation at parks, golf courses, right of ways, 

and residential lawns and gardens. In providing reclaimed water for non-potable uses, JEA diverts wastewater from 

point source discharges while also helping to preserve the Floridan aquifer. 

As a result of multiple capital projects and extensive system modifications, JEA's wastewater treatment program has 

significantly reduced the amount of total nitrogen discharged annually into the St. Johns River. From the year 2000 to 

the present day, JEA has spent over $116 million on wastewater treatment plant improvements to reduce nutrient loads 

to the river. An additional $34 million in wastewater facility modifications are planned to achieve additional nitrogen 

reductions by 2013 to directly meet TMDL obligations (In addition to these specific TMDL expenditures, JEA has also 

spent over $600 million in combined wastewater treatment upgrades, collection system improvements and reuse 

system expansion, which all contribute to reducing nutrient discharge to the St. Johns River). 

Comment ID 1418-1.001.014 

Author Name: Dickerson J. 

Organization: JEA 

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Chapter 2 - Comment Documents Background 

JEA looks forward to working with EPA to ensure that the final NNC rule does not interfere with the accomplishments 

being achieved in the Lower St. Johns River under the 2008 TMDL and BMAP. 

Comment ID 1431-1.001.001 

Author Name: Levy K. 

Organization: Pinellas County Department of Environmental Management, Watershed Management Division 

Thank you for coordinating the United States Environmental Protection Agency's (EPA)'s efforts on the Proposed Water 

Quality Standards for the State of Florida's Lakes and Flowing Waters. Pinellas County is committed to working with 

EPA and the Florida Department of Environmental Protection (FDEP) to develop water quality standards that are in 

support of its water quality improvement efforts of the last 40 years. 

Comment ID 1434-1.001.002 

Author Name: Ford C. 

Organization: Highlands Soil and Water Conservation District Board of Supervisors 

Highlands County is home to more than 113 lakes totaling more than 48,000 acres of surface water, ranging in size 

from less than 2 acres to more than 27,000 acres. Lakes are one of the natural jewels that attracts people to Highlands 

County and their protection is a high priority for the HSWCD. There are also more than fifty miles of free-flowing 

streams in Highlands County, and the County makes up the western border of the Kissimmee River. Additionally, more 

than 2/3rds of our County's land is devoted to agriculture and our farmers, understanding the precious nature of our 

water resources, have long been leaders in conservation practices to protect our surface waters. Needless to say, the 

economy of Highlands County is dependent on these abundant natural resources which with we are blessed and we 

take their stewardship very seriously. 

Comment ID 1443-1.001.001 

Author Name: * * 

Organization: South Carolina Department of Health and Environmental Control 

The South Carolina Department of Health and Environmental Control (Department) offers these comments related to 

the proposed water quality standards for nutrients for Florida's lakes and flowing waters. Most states, including South 

Carolina, are struggling to develop appropriate, effects-based numerical water quality criteria for nutrients and because 

we believe that the water quality standard development process that EPA utilized for Florida's proposed standards may 

be used in other states, the Department appreciates the opportunity to comment. 

Comment ID 1443-1.001.009 

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Chapter 2 - Comment Documents Background 

Author Name: * * 

Organization: South Carolina Department of Health and Environmental Control 

We thank you for the opportunity to comment and look forward to working with the EPA on this important and complex 

issue. 

Comment ID 1462-1.001.002 

Author Name: Helfrich C. 

Organization: City of Boca Raton Utility Services 

The majority of the comments listed below were read by Ms. Lisa Wilson-Davis during the afternoon public hearing on 

February 18, 2010 in West Palm Beach, FL; however, supplemental and emphasized information is indicated as bold 

text. 

Good afternoon, my name is Lisa Wilson-Davis, Program Policy Coordinator for the City of Boca Raton Utility Services 

Department. Thank you for the opportunity to speak on this matter. 

I would like to address the EPA's Numeric Nutrient standards on three levels. 

1. Overarching concerns regarding the (EPA) presentation and statements made. 

2. From a utility industry perspective, and 

3. Specifically addressing the potential impacts of this rule to the City of Boca Raton and our customers. 

Comment ID 1464-1.001.001 

Author Name: Ettinger A. 

Organization: Mississippi River Collaborative et al. 

This letter contains the comments of the Mississippi River Collaborative on the proposed Water Quality Standards for 

the State of Florida's Lakes and Flowing waters (Federal Register/Vol.75, No.16/ Tuesday, Jan. 26, 2010, pp. 4174­

226). In drafting these comments, we were assisted by Professor JoAnn Burkholder who has reviewed the proposed 

standards at the request of the Mississippi River Collaborative. Dr. Burkholder's comments are attached. The 

commenting organizations and their organizational members have many members who are affected by nitrogen and 

phosphorus pollution of Florida waters and by such pollution affecting the Gulf of Mexico and the Atlantic Ocean. These 

persons' ability to use these waters for drinking water, commercial fishing, recreation-based business, swimming and 

other forms of recreation are adversely affected by pollution which causes eutrophication, unnatural algal growth, loss 

of aquatic life and other negative effects on water bodies. 

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Chapter 2 - Comment Documents Background 

Comment ID 1474-1.001.001 

Author Name: Herz W. 

Organization: The Fertilizer Institute 

The Fertilizer Institute (TFI), on behalf of its member companies, submits these comments on EPA's Water Quality 

Standards for the State of Florida's Lakes and Flowing Waters, Notice of Proposed Rulemaking (NPRM), published by 

the Environmental Protection Agency (EPA) in the Federal Register on January 26, 2010 (75 Fed. Reg. 4174). 

TFI represents the nation's fertilizer industry including producers, importers, retailers, wholesalers as well as companies 

that provide services to the fertilizer industry. TFI members own and operate facilities in Florida. Many hold National 

Pollutant Discharge Elimination System (NPDES) permits for point source or stormwater discharges into Florida waters 

that would be affected by the water quality standards proposed by EPA. 

In these comments, we outline our concerns regarding the technical and legal underpinnings of EPA's proposed 

rulemaking. Notwithstanding these concerns over the numeric nutrient standards proposed by EPA, we recognize the 

need to reduce nutrient loadings to Florida's lakes and flowing waters. The Clean Water Act provides a variety of tools 

to achieve this goal, of which numeric nutrient standards are just one. 

Comment ID 1474-1.001.005 

Author Name: Herz W. 

Organization: The Fertilizer Institute 

For streams, EPA is proposing criteria based on the reference waterbody approach. EPA has divided Florida into four 

different watershed-based regions within Florida, identified unimpaired streams using Florida's stream condition index 

(SCI), and, based on the TN and TP levels in the reference streams, is proposing TN and TP criteria for each region. 

EPA also is proposing an equation to lower the instream TN and TP criteria where the stream discharges into a 

downstream lake. EPA also proposed a methodology to lower the criteria where the stream discharges into a 

downstream estuary, but has since stated that it will defer promulgation of "downstream protection values" (DPVs) for 

estuaries until 2011 when EPA plans to propose criteria for Florida estuaries and coastal waters and following a peer 

review of the scientific basis for these DPVs. See letter dated March 17, 2010, from Peter Silva, Assistant Administrator, 

EPA Office of Water to Michael Sole, Secretary, Florida Department of Environmental Protection. 

Comment ID 1474-1.001.008 

Author Name: Herz W. 

Organization: The Fertilizer Institute 

The NPRM also discuss how the proposed standards might be implemented and proposes two new implementation 

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Chapter 2 - Comment Documents Background 

tools: restoration standards and site specific alternative criteria (SSAC). This technical review discusses EPA's 

proposed criteria for each type of water body as well as EPA's implementation proposals. 

Comment ID 1476-1.001.001 

Author Name: Wehle C. 

Organization: South Florida Water Management District 

The South Florida Water Management District (District) appreciates the opportunity to provide feedback and technical 

comments to the U.S. Environmental Protection Agency (EPA) on its Proposed 40 CFR Part 131-Water Quality 

Standards for the State of Florida's Lakes and Flowing Waters, published on January 26, 2010. The District offers these 

written comments on the proposed rule in addition to the input provided at EPA's public hearings on this topic. 

As a regional governmental agency, the South Florida Water Management District has a 60-year history in managing 

and protecting the water resources and ecosystems of South Florida. The agency's multi-faceted mission is to balance 

and improve water quality, flood control, natural systems and water supply. Originally formed as a flood control agency, 

the District manages more than 2,600 miles of canals and levees, 64 pump stations and about 1,300 water control 

structures that were constructed under the federal Central and Southern Florida (C&SF) project to provide conveyance 

and flood control. Today, a key agency priority is also the restoration of America's Evergladesthe largest environmental 

restoration project in the nation's history. In addition, the District is actively improving the Kissimmee River and its 

floodplain, Lake Okeechobee and its watershed and South Florida's coastal estuaries. 

The District's technical expertise has been invaluable in developing the sound science needed for effective numeric 

nutrient criteria in the State of Florida. District scientists were intimately involved in development of Florida's first 

numeric nutrient standard: the Total Phosphorus criterion for the Everglades Protection Area. This agency invested 11 

years and millions of dollars to ensure that the final criterion was scientifically defensible and protective of that unique 

ecosystem. During the last decade, the District also fully participated in the Florida Department of Environmental 

Protection's Technical Advisory Committee that led to the development of draft numeric nutrient criteria by the State in 

July 2009 and provided technical review for EPA's guidance documents on numeric nutrient criteria development, 

published in 2000-2001. 

Comment ID 1476-1.001.011 

Author Name: Wehle C. 

Organization: South Florida Water Management District 

The District continues to review the proposed rule and will expand on the attached comments with further written 

submissions. Thank you again for the opportunity to provide this feedback. If you have questions or concerns, please 

contact Kevin Carter at (561) 682-6949 or kcarter@sfwmd.gov. 

11/19/2010 02:48 PM EST 2-1353
 
Chapter 2 - Comment Documents Background 

Comment ID 1477-1.001.006 

Author Name: Rudd F. 

Organization: Florida Engineering Society 

In addition to the TMDL process, Florida has developed a very extensive and well established environmental planning 

and regulatory process arguably unmatched by any other state. In addition to DEP with its regional offices thorough the 

state, Florida has five regional water management districts (WMD's) which operate under the general supervision of 

DEP. 

Comment ID 1477-1.001.007 

Author Name: Rudd F. 

Organization: Florida Engineering Society 

WMD's administer well-established regional water quality and quantity management programs which work in concert 

with those administrated by DEP. The water quality data produced through Florida's TMDL programs and other 

regulatory programs administered by DEP and WMD's accounts for approximately 35% of the EPA's national water 

quality database (STORET). 

Comment ID 1477-1.001.008 

Author Name: Rudd F. 

Organization: Florida Engineering Society 

The combined efforts of DEP, WMD's, and numerous local permitting agencies and stormwater management districts, 

have achieved substantial progress in preventing and reducing nutrient over enrichment conditions in many of Florida's 

waters. A graphical depiction of phosphorous reduction in Florida's waters is attached. 

Comment ID 1479-1.001.001 

Author Name: Reynolds J. 

Organization: Florida Keys Aqueduct Authority 

The Florida Keys Aqueduct Authority ("FKAA") was created in 1937 and it is the sole provider of potable water as well 

as being the wastewater service provider for certain areas of the Keys. Given its unique geography, location, and the 

sources of water it depends upon for potable supply. FKAA has difficult challenges in assuring the protection of the 

water sources it depends upon and simultaneously meeting stringent water quality standards. As you are aware, 

advanced wastewater treatment has been required in specific areas of Florida where more protection of our water 

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Chapter 2 - Comment Documents Background 

resources has been deemed necessary. For instance, Section 6 of Chapter 99-395, Laws of Florida (L.O.F.), requires 

all new wastewater facilities in Monroe County, including onsite sewage treatment and disposal systems ("OSTDS"), 10 

comply with stringent water quality standards for biological oxygen demand, total suspended solids, total nitrogen and 

total phosphorous. At the same time FKAA is implementing plans and projects to comply with these standards, the 

sources of water FKAA depends upon are located on the mainland and we must assure that we can treat those sources 

10 meet drinking water standards. Finally, because FKAA is a major provider of these critical services that sustain our 

local population, tourism and business community. we recognize the integral relationship between the health of the 

environment. the economy and our water resources in Monroe County. 

Comment ID 1480-1.001.001 

Author Name: Wong E. 

Organization: City of Northport 

The City of North Port is very concerned and proactive with protecting our precious water resources. In evaluating the 

EPA January 14, 2010 proposed draft numeric nutrients criteria (NNC) rule for total nitrogen (TN), total phosphorus (TP) 

and chlorophyll a, we must consider first the need for the regulation and the goals the regulation strives to achieve. 

Comment ID 1481-1.001.002 

Author Name: Ford C. 

Organization: Highlands County Natural Resources Department 

Highlands County is home to more than 113 lakes totaling more than 48,000 acres of surface water, ranging in size 

from less than 2 acres to more than 27,000 acres. Lakes are one of the natural jewels that attracts people to Highlands 

County and their protection is a high priority for the County. There are also more than fifty miles of free-flowing streams 

in Highlands County, and the County makes up the western border of the Kissimmee River. Additionally, more than 

2/3rds of our County's land is devoted to agriculture and our farmers, understanding the precious nature of our water 

resources, have long been leaders in conservation practices to protect our surface waters. Needless to say, the 

economy of Highlands County is dependent on these abundant natural resources which with we are blessed and we 

take their stewardship very seriously. 

Comment ID 1483-1.001.001 

Author Name: McCrea D. 

Organization: Pinellas County 

The Environmental Protection Agency (EPA) has embarked on the complicated task of identifying numeric nutrient 

limits for the lakes and rivers across the State of Florida. EPA has proposed a rule that sets varying numeric nutrient 

limits for three categories of lakes and four categories of rivers. 

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Chapter 2 - Comment Documents Background 

The limits set for the rivers are derived from a reference stream approach. The numeric nutrient limits for rivers are 

exact limits that propose to justify when a river is impaired or healthy. The limits set for lakes are based on the 

scientifically preferred dose/response approach. The numeric limits for the three categories of lakes may vary according 

to the biological and ecological makeup of the lake. 

Comment ID 1499.001.001 

Author Name: Thuemler R. 

Organization: 

My name is Ronald Thuemler. I am a "Florida Master Naturalist", and live in Tampa. 

Comment ID 1502.001.001 

Author Name: Bell J. 

Organization: 

I live on a canal with direct access to Tampa Bay and experience first hand the stench, toxins, and fish kills from 

fertilizer pollution caused algae blooms. I also struggle with asthma and feel the direct affects of the toxic blooms. 

Comment ID 1506.001.006 

Author Name: Huckaby V. 

Organization: 

I was a Mermaid at Weeki Wachee Springs in the 1960's when the river ran clear and beautiful and the only green was 

the eel grass. Last week we took a canoe on the river. While it is still beautiful, it is not the same pristine river it once 

was. 

Comment ID 1530.001.001 

Author Name: Aschauer Jr. F. 

Organization: Rose, Sundstrom & Bentley, LLP on behalf of the Clay County Utility Authority 

This firm has the great pleasure of acting as special counsel to the Clay County Utility Authority ("CCUA"). In that 

capacity, we are hereby submitting the comments of CCUA on the United States Environmental Protection Agency's 

("EPA") proposed rule, entitled Water Quality Standards for the State of Florida's Lakes and Flowing Waters; Proposed 

Rule. Attached as Appendix A is the proposed rule, entitled Water Quality Standards for the State of Florida's Lakes 

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Chapter 2 - Comment Documents Background 

and Flowing Waters; Proposed Rule and the amendment of March 10, 2010, which extended the comment period 

(hereafter collectively the "Proposed Rule"). This letter, the Definitions and Acronyms, Background, Detailed Conunents 

and Appendices all collectively constitute the comments (the entirety of these documents, or any individual document, 

may be referred to herein as the "Comment") of CCUA to the Proposed Rule. 

Comment ID 1530.001.003 

Author Name: Aschauer Jr. F. 

Organization: Rose, Sundstrom & Bentley, LLP on behalf of the Clay County Utility Authority 

BACKGROUND 

Clay County Utility Authority (CCUA) was established by a special act of the Florida Legislature on Oct 1, 1994. (See 

App. D). CCUA serves approximately 40,000 water and wastewater customers and 8,550 reclaimed water customers in 

the unincorporated areas of Clay County, Florida. CCUA's primary goal is to provide the highest quality service at the 

best value for its customers. 

CCUA currently operates nine wastewater treatment facilities (WWTFs). These facilities operate under permits issued 

by the Florida Department of Environmental Protection (FDEP). The permits for each facility are as follows: 

1. Miller Street Regional WWTF- FL0025151 

2. Fleming Island Regional WWTF- FL0043834 

3. Ridaught Landing Regional WWTF- FL0039721 

4. Spencer's Crossing Regional WWTF- FL0173371 

5. Fleming Oaks WWTF- FL032875 

6. Mid-C1ayWWTF-FLA011377 

7. Ravines WWTF-FLA011371 

8. Peter's Creek WWTF - FLA327841 

9. Keystone Heights WWTF- FLA362743 

CCUA is also very concerned with protecting the environment, and since 1994 has constructed advanced wastewater 

treatment (AWT) plants for all of its regional WWTFs that discharge to the Lower St. Johns River (LSJR) or its 

tributaries. AWT is the highest level of treatment currently required by the FDEP anywhere in the state of Florida. CCUA 

was not required to construct these AWT plants. Secondary wastewater treatment standards (a lower level of treatment) 

was, and remains, the level of treatment required for CCUA's discharges. To put this into perspective, AWT plants are 

only required in Florida's Outstanding Waters (and the LSJR is not designated as an Outstanding Water). This simple 

demonstration of committing to AWT to protect water quality in the LSJR is just one example of CCUA's commitment to 

the environment. 

CCUA has also implemented a public access reclaimed water distribution network in Clay County, Florida. The dual 

purpose of this program has been to reduce nutrient loading to the Lower St. Johns River and to conserve groundwater. 

The estimated capital cost investment towards achieving this goal is currently $79 million dollars of which CCUA has 

contributed $49 million and the remainder has been funded by land developers and State grants. 

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Chapter 2 - Comment Documents Background 

The most recent project CCUA has undertaken is to construct reclaimed water treatment facilities at its Miller Street 

WWTF and an approximate 8-mile pipeline from the Town of Orange Park to a rapidly growing residential area in 

western Clay County. The estimated total cost for this project is $26 million dollars, which is presently being funded 

through a 50% cost share grant with the St. Johns River Water Management District (SJRWMD) and the FDEP. Once 

this project is complete, CCUA will have installed the necessary infrastructure to remove all of its treated wastewater 

plant discharges from the LSJR during periods of sufficient demand. 

Presently the demand for reclaimed water does not exceed the supply at all times; hence backup discharges to surface 

water are required. In 2009 (an above normal rainfall year), CCUA re-used approximately 45 percent of all reclaimed 

water produced. 

The Miller Street pipeline from the Town of Orange Park was voluntarily undertaken by CCUA and included in the Basin 

Management Action Plan (BMAP) for the Lower St. Johns River. The cost share agreement with SJRWMD requires 

CCUA to remove 3.0 million gallons per day (MOD) of effluent from the river. CCUA has also committed to continue to 

expand its reclaimed water distribution system to allow other local utilities to provide reclaimed water to meet future 

demand, thereby allowing these utilities to remove their discharges from the LSJR. Presently, CCUA has an Interlocal 

Agreement with the Town of Orange Park to take its reclaimed water for these purposes. 

The nutrient total maximum daily loads (TMDLs) for the LSJR were adopted by FDEP in June 2008 and approved by 

EPA shortly thereafter. The BMAP was adopted by FDEP in October 2008. The BMAP is in its second year of 

implementation. The development of the TMDL allocation and BMAP was a stakeholder driven process wherein the 

stakeholders determined the fair and equitable allocation of the TMDL, and the responsible entities proposed projects to 

achieve their TMDL reduction requirements. 

CCUA was actively engaged in the TMDL process for the LSJR and its Executive Director, Ray Avery, was a member 

of the TMDL Executive Committee. Either Mr. Avery, or David Bolam, chief engineer for CCUA, attended most of the 

stakeholder and executive committee meetings from 2002 through the adoption of the TMDL by the state of Florida in 

2008. CCUA also remained actively involved through the development and implementation of the BMAP. There was a 

great deal of scientific research and detailed computer modeling conducted by the FDEP and the SJRWMD to 

determine the final nutrient TMDLs. There was also a general consensus among most of the stakeholders that the limits 

were based on sound science and most were very satisfied that the final analysis and nutrient limits are protective of 

the fresh and marine sections of the LSJR basin. 

The stakeholders consisted of a variety of regulated entities including agriculture, industry, utilities, and municipal and 

county govemments; many with both point and non-point source discharges to the LSJR. Also participating in the BMAP 

process, during the open public meetings, were members of environmental organizations such as the St. Johns River 

Keeper and the Stewards of the St. Johns. Indeed, the Stewards of the St. Johns, through Don Loop, occupied a 

position on the Executive Committee. (See. App. C, pp. i and 97-98). Under the direction ofFDEP, these stakeholders 

undertook a very detailed and laborious allocation process to divvy up the TMDL "pie," yet, at all times, recognizing 

treatment technology limitations and economic fairness. It was generally recognized that although reductions were 

going to be required to protect the river, all of the stakeholders needed to allocate allowable loads in such a manner as 

to not economically devastate anyone entity or sector of our community. 

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Chapter 2 - Comment Documents Background 

FDEP followed certain guidelines established by a Statewide Technical Advisory Committee (TAC) and wasteload 

allocations were established for each stakeholder along with a percent reduction required to achieve the TMDL. CCUA's 

prior efforts to go beyond secondary treatment were not penalized and, in fact, CCUA was granted a negative percent 

reduction (or an increase). CCUA has since used this increase in a non-monetary trade with Clay County to help the 

County achieve its non-point source nutrient reduction requirements. It has been estimated that this trade has saved the 

citizens of Clay County millions of dollars in storm water management costs. Copies of the Interlocal Agreement and 

amendment are attached as Appendices F!. and F.2., respectively. 

To summarize the FDEP's methodology for distributing the allocation, the non-point source loadings were considered at 

first and the FDEP applied reasonable best management practices (BMPs) to reduce the loading from these 

discharges. The remaining reduction needed to achieve the TMDL was then assigned to the point source dischargers 

by determining what concentration of total nitrogen (Tl-l), if discharged by all of the point sources, would result in 

achieving the TMDL. At the beginning of the process in 2004 and 2005, this concentration was around 6.5 milligrams 

per liter (mg/L) rn but was reduced as more non-point source pollution was identified and provisions were added to the 

allocation to allow for future growth. The final average point source discharge concentration in the marine section of the 

basin was approximately 4.65 mglL. This average concentration was then converted to a mass loading allocation for 

each point source facility based on their five year projected flowrate. 

CCUA has carefully monitored the actions of the EPA with regard to the Proposed Rule. In response to the Proposed 

Rule, CCUA retained several experts with a water science and engineering consulting firm called LimnoTech. 

LimnoTech's staff holds advanced degrees in a broad range of disciplines including enviromnental and civil engineering, 

biology, geology, and economics. With regard to CCUA's concerns regarding the Proposed Rule, CCUA has worked 

most with Dr. David W. Dilks, Mr. Patrick Bradley, and Ms. Adrienne D. Nemura, P.E., BCEE. Attached as Appendices 

G.!. through GA. are the resumes of Dr. Dilks (G.!.), Mr. Bradley (G.2.) and Ms. Nemura (G.3.) and a firm overview of 

LimnoTech (GA.). At CCUA's request, LimnoTech has assisted in drafting this Comment. 

Comment ID 1532-1.001.001 

Author Name: Stacey P. 

Organization: Connecticut Department of Environmental Protection 

The Connecticut Department of Environmental Protection (CTDEP) appreciates the opportunity to comment on the 

proposed rule for "Water Quality Standards for the State of Florida's Lakes and Flowing Waters" ("Proposed Rule" or 

"Rule", henceforth). CTDEP has a vested interest in the development of water quality standards for nutrients, and the 

outcome of the Proposed Rule for Florida will undoubtedly have significant implications for the structure and application 

of our standards. Therefore, we respectively submit the following comments for your consideration. 

Comment ID 1549.001.001 

Author Name: Gilkey D. 

Organization: Gilkey Organization 

11/19/2010 02:48 PM EST 2-1359
 
Chapter 2 - Comment Documents Background 

Please accept this letter as my comments regarding the EPA proposed nutrient criteria for lakes, rivers and streams in 

Florida. My comments are as follows: 

Comment ID 1556-1.001.001 

Author Name: Horenstein B. 

Organization: Tri-TAC 

Tri-TAC appreciates the opportunity to provide comments on the USEPA's proposed rule "Water Quality Standards for 

the State of Florida's Lakes and Flowing Waters." Tri-TAC is a California statewide organization of local public agency 

representatives responsible for wastewater collection, treatment, disposal, and reclamation. Tri-TAC is an advisory 

group jointly sponsored by the California Association of Sanitation Agencies, the California Water Environment 

Association, and the League of California Cities. 

Tri-TAC members operate under individual NPDES permits and/or a variety of general NPDES permits. Most of our 

members are single purpose sanitation and sanitary districts; however, some of our members are municipalities 

responsible for wastewater, storm water, and other activities subject to NPDES permitting authority. 

Comment ID 1559.001.002 

Author Name: Bonde J. 

Organization: Village of Wellington 

Wellington is located in Palm Beach County, Florida with a population of approximately 60,000 residents. Wellington is 

an upscale community that is considered by many to be the "World's Equestrian Center". Wellington has also been 

deeply involved in the restoration of the Everglades, primarily due to previously permitted storm water discharges that 

were, historically, directed to portions of the Everglades Protection Area (EPA). 

More than a decade ago Wellington entered into agreements with both the South Florida Water Management District 

and the EPA to eliminate two pump stations and re-route storm water discharges to a regional storm water canal 

operated by the South Florida Water Management District, thus eliminating direct discharges to the EPA. To accomplish 

this project, Wellington constructed new pump stations, added numerous control structures and culverts and developed 

Best Management Practices (BMP) regulations to reduce nutrient from a number of sources, most notably, animal 

waste and fertilizer use. 

Approximately $30 million dollars has been invested during this decade that has resulted in significant reductions in 

phosphorus as well as completely eliminating storm water discharges into the Loxahatchee Wildlife Area (EPA). 

To date, Wellington has met every goal required. We committed to implementing additional BMP's along with 

completion of a 300 plus acre treatment/storage facility, designed to further reduce nutrient discharges, while ensuring 

adequate storm water protection for our residents. 

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Chapter 2 - Comment Documents Background 

Comment ID 1559.001.008 

Author Name: Bonde J. 

Organization: Village of Wellington 

Should you have questions or require additional information concerning this matter, please contact me directly via email 

at jbonde@wellingtonfl.gov or via telephone at (581) 791-4085. 

Comment ID 1562-1.001.001 

Author Name: Stewart G. 

Organization: Nabors Giblin & Nickerson on behalf of the Florida Governmental Utility Authority 

This letter and the attached comments have been prepared on behalf of the Florida Governmental Utility Authority in 

response to 40 CFR Part 131 - The Water Quality Standards for the State of Florida's Lakes and Flowing Waters - as 

published in the Federal Registry on Tuesday, January 26,2010. 

The Florida Governmental Utility Authority ("FGUA") is a legal entity and a public body created by an Interlocal 

Agreement entered into between various local governments within the State of Florida. It was formed pursuant to the 

requirements of Florida Statutes. The FGUA provides water and wastewater throughout the State of Florida. Presently, 

the FGUA owns and operates water and wastewater facilities in Pasco County, Lee County and Collier County, Florida. 

Diagrams of the various systems are attached hereto and incorporated as part of this comment. 

Comment ID 1564-1.001.002 

Author Name: Williams G. 

Organization: Florida Rural Water Association 

The Florida Rural Water Association provides technical assistance to small and medium wastewater systems in Florida 

that provide service to over 5.2 million water and 3.5 million wastewater customers. These services include assisting 

the smaller systems in producing a high quality wastewater effluent that complies with current wastewater treatment 

regulations. This job is not easy since these smaller wastewater systems lack the customer support base and the 

economies of scale available to larger utilities that allow them to spread costs and keep utility rates affordable. 

Comment ID 1565-1.001.001 

Author Name: Wedgworth G. 

11/19/2010 02:48 PM EST 2-1361
 
Chapter 2 - Comment Documents Background 

Organization: Sugar Cane Growers Cooperative of Florida 

Please accept the following comments regarding the proposed Numeric Nutrient Criteria (NNC) on behalf of the 46 

grower-members of Sugar Cane Growers Cooperative of Florida. We have participated in your public hearing process 

and spoke at the West Palm Beach, FL public hearing in February 2010. Further, we adopt and submit the technical 

documents and comments from the Everglades Agricultural Area Environmental Protection District (EAA-EPD) and April 

22, 2010 University of Florida Institute of Food and Agricultural Sciences (IFAS) report entitled "Economic Impacts and 

Compliance Costs of Proposed EPA Numeric Nutrient Criteria for Florida Agriculture." 

Comment ID 1610.001.001 

Author Name: Haycock M. 

Organization: Tropicana Products, Inc. 

To Whom It May Concern: 

This correspondence is submitted on behalf of Tropicana Manufacturing Company, Inc. (Tropicana) to provide 

comments in response to EPA's proposed rule setting numeric nutrient criteria for Florida surface waters. 

We would like to begin by saying that Tropicana and the EPA have long shared a common goal -- sound environmental 

policy that results in significant and demonstrable environmental benefits. 

Tropicana produces premium orange juice and other nutritious products at our facilities in Bradenton and Ft. Pierce, 

Florida, for millions of consumers across the United States. At Tropicana, we are committed to being respectful of the 

environment and responsible in our use of natural resources. We recognize that water is a vital and increasingly rare 

resource for our planet and its inhabitants. For our business and our planet, we must be leaders in stewarding this finite 

natural resource. Tropicana's legacy of delivering sustainable growth by investing in a healthier future for people and 

our planet includes our active, long-time leadership in both the Tampa Bay Estuary Program and the Nitrogen 

Management Consortium, to cite just two examples. 

Comment ID 1614-1.001.001 

Author Name: DeBogory P. 

Organization: South Florida Water Management District 

Thank you for the opportunity to comment on the Proposed Numeric Nutrient Criteria for Florida. South Walton Utility 

Company, Inc. (SWU) is a non-profit, member owned corporation formed to provide water and wastewater service to 

our members in the southern portions of unincorporated Okaloosa and Walton County, Florida. We provide wastewater 

service to approximately 10,000 units that serve a summertime population of approximately 35,000 people. On several 

occasions, we have received awards from FDEP for Outstanding WWTP in the Northwest District. It is important to note 

that SWU, as a member owned, non profit corporation, is not eligible for funding from the State of Florida SRF Clean 

11/19/2010 02:48 PM EST 2-1362
 
Chapter 2 - Comment Documents Background 

Water Act Program. Since our inception in 1968, our members have demanded that we pay attention to our 

environment in our daily operations. We were one of the first wastewater treatment plants to provide reclaimed water for 

irrigation in Northwest Florida. Our current wastewater treatment plant provides reclaimed water for irrigation of four golf 

courses and three homeowner associations and we are classified as providing 100% reuse of our reclaimed water. As 

we have grown over the years, we have completed at least fourteen sewer extension projects at a cost of almost $2.5M 

to extend sewer lines in areas that were served by septic tanks, thereby helping to keep our surface waters free from 

contamination. We now have community sewer service to 100% of our service area that once had septic tanks. The last 

major project to extend sewer service to areas served by septic tanks was completed in 1998. SWU supports the 

Choctawhatchee Basin Alliance in its efforts to sustain and provide optimum utilization of Choctawhatchee Bay by 

making annual donations to help fund their water quality monitoring program. 

Comment ID 1614-1.001.002 

Author Name: DeBogory P. 

Organization: South Florida Water Management District 

We are nearing completion of a major WWTP construction project that will expand our treatment plant capacity and 

increase the quality of our reclaimed water to Advanced Wastewater Treatment (AWT) standards. AWT standards 

require a reclaimed water maximum TN concentration of 3.0 mg/l and a maximum TP concentration of 1.0 mg/l. 

As part of our WWTP project, and in accordance with Chapter 403 F.S., we have received a permit from the FDEP for 

an Apricot wet weather discharge to an unnamed, Class III, FDOT ditch that discharges to Choctawhatchee Bay. The 

total cost of this project is approximately $17.4M. When this construction project comes online later this year, it will not 

meet the proposed EPA Panhandle nutrient limits. 

The Class III stream which we propose to use for our wet weather Apricot discharge is not impaired for nutrients 

according to the 2006 FDEP Water Quality Assessment Report for Choctawhatchee - St. Andrew. The same report 

shows that our downstream estuary, Choctawhatchee Bay, is not listed as impaired for nutrients. Even better, on 

January 15, 2010, FDEP issued an order delisting our downstream estuary, Choctawhatchee Bay, from the 303(d) list 

for nutrients. 

Comment ID 1615-1.001.001 

Author Name: Dinneen J. 

Organization: Volusia County Public Works 

On January 15, 2010, EPA issued documents related to draft numeric nutrient criteria (NNC) for the state of Florida and 

subsequently issued the draft criteria in the Federal Register on January 26, 2010. The draft criteria are listed in 40 

CFR 131.34 for Florida fresh lakes and flowing waters (streams, canals, springs and spring runs). Comments on the 

draft criteria are provided below. 

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Chapter 2 - Comment Documents Background 

Comment ID 1615-1.001.004 

Author Name: Dinneen J. 

Organization: Volusia County Public Works 

Volusia County includes stormwater discharges under its Phase II MS4 permit. Stormwater discharges from a pipe or 

confined ditch within a permitted MS4 are considered point sources according to the Clean Water Act. While MS4 

discharges can be episodic, a measure of the average concentration of a pollutant during a storm event is called an 

event mean concentration (EMC). In the development of statewide stormwater treatment regulations, FDEP is using 

"Evaluation of Current Stormwater Design Criteria within the State of Florida" (Harper, H.H. and D. M. Baker, 

Environmental Research & Design, Inc., June 2007). 

Comment ID 1615-1.001.020 

Author Name: Dinneen J. 

Organization: Volusia County Public Works 

We look forward to receiving the EPA response to our comments and appreciate the opportunity to actively participate 

in the appropriate NNC development. If you have any questions regarding these comments, please feel free to contact 

me at (386) 736-5341. 

Comment ID 1616-1.001.002 

Author Name: Bell N. 

Organization: Northwest Environmental Advocates and on behalf of Clean Water Network of Florida 

I. Section V: Alternative Regulatory Approaches and Implementation Mechanisms 

As described in our comments on Section VI below, concerning EPA's proposed Restoration Standards, we urge EPA 

to focus particular attention on our comments in this section concerning variances and site specific criteria, as well as 

our comments on the use of the Use Attainability Analysis as it may be implemented in Florida. 

Comment ID 1641-1.001.001 

Author Name: Littrell J. 

Organization: Okaloosa County Water & Sewer System 

On behalf of the Board of County Commissioners of Okaloosa County, Florida and the Okaloosa County Water and 

Sewer System (OCWS), we offer the following comments regarding the Numeric Nutrient Water Quality Standards 

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Chapter 2 - Comment Documents Background 

(WQS) proposed by the United States Environmental Protection Administration (EPA) for Florida, Docket Identification 

No. EPA-HQ-OW-2009-0596. The County and our consultants have thoroughly read and are familiar with the proposed 

legislation; and have attended several public forums, meetings, and workshops that addressed such. 

Comment ID 1645-1.001.001 

Author Name: Griswold R. 

Organization: Destin Water Users 

Destin Water Users, Inc. is the private not for profit water, wastewater, and reclaimed water utility serving the City of 

Destin and adjoining areas of unincorporated Okaloosa County. The service area is a barrier island. Numerous natural 

and man-made water bodies dot our service area. We are bounded on the north by Choctawhatchee Bay and on the 

south by the Gulf of Mexico. Tourism and sport fishing are primary businesses and numerous military personnel have 

made their homes here. Destin Water Users, Inc. made a conscious decision in the early 70's to not discharge to any 

water body. At that time we utilized rapid infiltration basins for wastewater effluent disposal. In the early 80's, DWU 

improved our treatment process so that we could reclaim wastewater and then make beneficial reuse of the product. 

We serve a golf course, numerous residential subdivisions, and numerous businesses with reclaimed water. DWU also 

made a conscious decision not to utilize surface water for wet weather discharge . We have been good stewards of our 

environment and have utilized the best technology when available and economical. Our winter population is 

approximately 20,000 people and in summer months we serve an equivalent popul ation of approximately 50,000. We 

are permitted to treat 6,000,0000 gpd ofdomestic wastewater. We do a good job of sludge digestion and operate an 

efficient belt filter press. Our biosolids are land applied at a remote location. 

Comment ID 1645-1.001.023 

Author Name: Griswold R. 

Organization: Destin Water Users 

Soils in the service area all sands. A surficial aquifer is used for irrigation but not for drinking water. Drinking water is 

obtained from the Upper Floridan Aquifer. The surficial aquifer is limited in its ability to serve as a source of drinking 

water since it is relatively shallow and any significant drawdown will result in the Gulf of Mexico advancing on the 

aquifer. The Northwest Florida Water Management District controls the utilization of the surficial so that annual 

withdrawals are close to annual recharge. In drought conditions, this aquifer is stressed and we have seen levels of 

chlorides and sodium increase at near shore locations. Below the Upper Floridan is the Lower Floridan. This aquifer is 

brine of varying degrees. Little is known of the interaction or potential interactions of the Upper and Lower Floridan 

Aquifers. This area is in a water use caution area as designated by the Northwest Florida Water Management District. 

We do know that recharge of the Upper Floridan is not local and takes much time. It has been estimated that the water 

in this area from the Upper Floridan is millennia old. It is also interesting to note that Total P for this water is 0.04 mg/l 

which is approximately the limit for the proposed rule. 

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Chapter 2 - Comment Documents Background 

Comment ID 1647-1.001.001 

Author Name: Kates K. 

Organization: Florida Fruit and Vegetable Association 

The following comments are being provided by the Florida Fruit & Vegetable Association (FFVA) on behalf of its 

agricultural grower and producer members. FFVA is a non-profit, agricultural trade organization whose mission is to 

enhance the competitive and business environment for producing and marketing fruits, vegetables and other crops. 

This organization prides itself by having a membership that is environmentally aware, responsible and proactive. For 

years, our agricultural members have been working closely with our state's government agencies in a collaborative 

effort to prevent surface and groundwater degradation by designing and implementing best management practices 

aimed at reducing and removing nutrients from surface water runoff and discharge. The state of Florida and all its 

representative industries have taken the initiative to protect and preserve our unique and valuable water resources. 

Florida currently has more accumulated water quality data on its lakes, flowing waters and estuaries than any other 

state in the Union. By utilizing this data along with sound science and feasible, practical implementation methodologies, 

Florida has taken the necessary steps to ensure the future preservation and protection of our diverse water bodies. 

In response to the Environmental Protection Agency's proposed numeric nutrient criteria, water quality standards for the 

state of Florida's lakes and flowing waters, we have prepared the following discussion items and comments in 

opposition to the rule. 

Comment ID 1647-1.001.002 

Author Name: Kates K. 

Organization: Florida Fruit and Vegetable Association 

Overview 

Introduction 

The Environmental Protection Agency (EPA) determined on January 14, 2009 that numeric nutrient water quality 

standards for Florida's lakes, flowing waters, estuaries and coastal waters were necessary for the state to meet the 

requirements of the Clean Water Act. On January 26, 2010, the Agency announced in the Federal Register (FR Vol. 75 

No. 16, Tuesday, January 26, 2010, pp. 4173-4226) a proposed rule titled "Water Quality Standards for the State of 

Florida's Lakes and Flowing Waters." This rule proposes nitrogen (N) and phosphorus (P) numeric nutrient water quality 

criteria to protect the aquatic ecosystems within Florida's lakes, rivers, streams and canals. Additionally, it proposes 

regulations for Florida to develop restoration standards for impaired waters. The EPA plans to issue a final rule for lakes 

and flowing waters by October 15, 2010, and an additional rule for estuarine and coastal waters by October 15, 2011. 

This rule was developed as part of a settlement agreement between EPA and Earth Justice initiated at the end of the 

previous administration in Washington. 

11/19/2010 02:48 PM EST 2-1366
 
Chapter 2 - Comment Documents Background 

Comment ID 1670-1.001.001 

Author Name: Legg L. 

Organization: Hernando County Utilities Department 

The Hernando County Utilities Department has received notification that the Environmental Protection Agency has 

proposed a Numeric Nutrient Criteria (NNe) Rule for the state of Florida that will have a very large impact on the 

wastewater industry and the utility rate payers. We, as a public owned utility, would like to comment on how this 

proposed Nutrient Criteria Rule would affect our operations. 

Comment ID 1670-1.001.011 

Author Name: Legg L. 

Organization: Hernando County Utilities Department 

The Hernando County Utilities Department appreciates your consideration regarding this matter. 

Comment ID 1671-3.001.041 

Author Name: Brooks J. 

Organization: Florida Department of Environmental Protection 

Information from Jeff Vowell (Florida Division of Forestry), co-author of the compliance survey, shows that on average, 

only 2% of silviculture sites actually receive fertilizer applications (Figures 16 and 17). Since this is a probabilistic 

survey, the results may be extrapolated statewide. 

Original comment letter contains additional information in Figure 16. The percent of silviculture sites receiving 

fertilization treatments since 1995, based on a Probabilistic Forestry Compliance Survey conducted by the Florida 

Division of Forestry from Florida DEP proposed nutrient criteria comment report. See original comment letter. 

Original comment letter contains additional information from Florida DEP proposed nutrient criteria comment report in 

Figure 17. The number of silviculture sites with and without fertilization treatments since 1995, based on a Probabilistic 

Forestry Compliance Survey conducted by the Florida Division of Forestry. Note that very few sites, as denoted by the 

light blue, are actually fertilized. See original comment letter. 

Comment ID 1695-1.001.001 

Author Name: Wiley N. 

Organization: Florida Fish and Wildlife Conservation Commission 

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Chapter 2 - Comment Documents Background 

The Fish and Wildlife Research Institute of the Florida Fish and Wildlife Conservation Commission (FWC) has 

coordinated agency review of the US Environmental Protection Agency (EPA) proposed numeric nutrient criteria and 

has consulted with the Florida Department of Environmental Protection (DEP), and provides the following comments 

and recommendations. 

Comment ID 1695-1.001.011 

Author Name: Wiley N. 

Organization: Florida Fish and Wildlife Conservation Commission 

If you or your staff would like to coordinate further on the recommendations contained in this report, please contact Ms. 

Mary Ann Poole at (850) 410-5272 or email her at marvann.poole®MyFWC.com, and she will be glad to help make the 

necessary arrangements. If your staff has any specific questions regarding our comments, I encourage them to contact 

Mr. Ted Lange at (352) 357-2398; email ted.lange@MyFWC.com. 

Comment ID 1700-1.001.001 

Author Name: Mahan R. 

Organization: MB Management 67, Inc. 

My company, MB Management 67, Inc., is an economic and finance consulting company focused on helping food 

producers in Florida improve the economic performance of their operations. My background is as an agricultural 

economist, receiving my Bachelor's and Master's degrees from the University of Florida in Food and Resource 

Economics. I have a strong understanding of Florida agriculture and farming practices, as well as a deep respect for my 

state's abundant natural resources, including water. Having grown up in High Springs, Florida, I have spent 

innumerable hours swimming in the various freshwater springs, canoeing on several rivers, and fished in the lakes and 

near the ocean shores of this great state. I can recall only once in my lifetime noticing an algae bloom problem that 

interfered with my enjoyment of Florida's water resources, and that was at least 30 years ago, maybe longer. 

Comment ID 1712-1.001.001 

Author Name: Temple A. 

Organization: B&W Quality Growers, Inc. 

B&W Quality Growers, Inc. is a family owned and operated farming operation. We have been in business since 1870. 

We grow, pack and ship specialty food crops like watercress and wild rocket. Currently we are farming approximately 

1000 acres in the Fellsmere area of the Indian River County. We employ over 200 workers in our farming operations. 

While some of our workers are seasonal, others are permanently based at this location. Our operation helps the local 

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Chapter 2 - Comment Documents Background 

economy by providing stable employment. 

Comment ID 1712-1.001.006 

Author Name: Temple A. 

Organization: B&W Quality Growers, Inc. 

We thank the Agency for providing the opportunity to express our views and comments. We would like for the EPA to 

work with our State agencies in formulating more realistic solutions which will take into account the local conditions and 

economy. 

Comment ID 1713-1.001.001 

Author Name: Wheeler B. 

Organization: Tohopekaliga (Toho) Water Authority 

The Toho Water Authority is providing the comments contained in this letter in regards to the Environmental Protection 

Agency's (EPA) proposed numeric nutrient criteria (NNC) for Florida's lakes and flowing waters. These comments are 

partially a restatement of, and supplement to, the verbal comments provided at the February 17, 2010 public hearing 

held in Orlando, Florida. 

Comment ID 1713-1.001.002 

Author Name: Wheeler B. 

Organization: Tohopekaliga (Toho) Water Authority 

As a special purpose district created by the Florida legislature located primarily in Osceola County Florida, 

Tohopekaliga Water Authority (Authority) is a regional provider of water, wastewater, and reclaimed water service to a 

service population of approximately 250,000. The Authority presently operates nine wastewater (water reclamation 

facilities (WRF)) treatment facilities ranging in size from 0.13 mgd to 13 mgd. All of the WRFs produce reclaimed water 

quality effluent that provides landscape irrigation to approximately 11, 000 customers, irrigation to five golf courses, 

cool water for a power plant, and groundwater recharge through several rapid infiltration systems. The authority 

currently does not have any surface water discharges. 

Over the past twenty years, the Authority has invested over $100 million in the development of its reclaimed water 

system with encouragement of the Florida Department of Environmental Protection. In the last decade, the reclaimed 

water system has become a key alternative water supply (AWS) source for the Authority's water supply strategy as the 

available supply of groundwater for a potable supply has become limited. Approximately half of the Authority's water 

demand is related to non-potable uses. primarily landscape irrigation. Reclaimed water has been used to meet this 

non-potable demand in many areas of the Authority's service area. 

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Chapter 2 - Comment Documents Background 

Comment ID 1713-1.001.006 

Author Name: Wheeler B. 

Organization: Tohopekaliga (Toho) Water Authority 

The Toho Water Authority respectfully requests your consideration of these comments in your evaluation of the 

implementation of the proposed NNC. 

Comment ID 1715-3.001.002 

Author Name: Wilson C. 

Organization: Gunster, Yoakley & Stewart, P.A. on behalf of Everglades Agricultural Area Environmental Protection District 

The Everglades Agricultural Area Environmental Protection District (EPD) retained a staff of experts to examine this 

document. These experts include the following: Anthony Federico, James T. McClave, David W. Dilks, Thomas A. 

DeBusk, Forrest T. Izuno and Bradley G. Waller. They have identified a number of concerns regarding the proposed 

rule, the technical methods employed to develop the criteria, the supporting data and underlying assumptions, which 

are contained in this Technical Paper as well as individual reports authored by the experts. The expert reports and 

accompanying affidavits of these experts is included in the "Joint Submittal" to USEPA's Administrative Record for this 

Nutrient Rule. These experts' reports, affidavits and the supporting materials listed in the Joint Submittal are hereby 

incorporated by reference into this Technical Comment Paper. The EPD requests that EPA include this Technical 

Comment Paper along with the Joint Submittal as part of the Administrative Record for the Nutrient Rule. 

Comment ID 1722-1.001.001 

Author Name: Cunniff L. 

Organization: Orange County Environmental Protection Division 

The Orange County Environmental Protection Division (EPD) recognizes the importance of healthy, clean surface 

waters for its economy, residents and numerous visitors that stay in the central Florida area every year. As a result, 

EPD manages many aspects of surface water protection and restoration efforts to ensure that these natural resources 

remain healthy for generations to follow. 

Like many other.states, Florida's lakes, streams, and river systems are highly valued natural resources to the citizens 

and the economic strength of each state. However, Florida surface water systems are unique in their chemical, 

geological, physical, and biological dynamics and as a result, require their own unique criteria for determining water 

quality degradation. 

The following is a summary of concerns with the proposed numeric nutrient criteria methodology and additional points 

11/19/2010 02:48 PM EST 2-1370
 
Chapter 2 - Comment Documents Background 

of consideration that should be applied to any statewide criteria within Florida: 

Comment ID 1724-1.001.001 

Author Name: Busha M. 

Organization: Treasure Coast Regional Planning Council 

The Treasure Coast Regional Planning Council is a planning organization located in southeastern Florida. Council 

membership includes Indian River, St. Lucie, Maliin, and Palm Beach counties and 50 municipalities. The board is 

composed of nineteen elected officials and nine gubernatorial appointees. 

At its board meeting on April 16, 2010, Council reviewed the U.S. Environmental Protection Agency (EPA) proposed 

rule: Water Quality Standards for the State of Florida's Lakes and Flowing Waters. Council adopted the following 

comments concerning the proposed rule and approved their transmittal to EPA: 

Comment ID 1724-1.001.007 

Author Name: Busha M. 

Organization: Treasure Coast Regional Planning Council 

If you have any questions about Council's comments, please contact me or Peter Merritt on our staff at 772-221-4060. 

Comment ID 1734-1.001.002 

Author Name: Dickenson J. 

Organization: JEA 

About JEA 

JEA is a municipal utility operating in Jacksonville, Florida (Duval County) and parts of three adjacent counties. The 

eighth largest municipal utility in the nation, JEA has adopted an Environmental Sustainability initiative to ensure that 

environmental, economic, and social factors are carefully evaluated in all of its major decisions affecting the community 

it serves. The initiative's objective is to strike an appropriate balance between providing reliable utility services and 

proactively addressing all environmental requirements to ensure sustainability. The JEA electric system currently serves 

more than 417,000 customers, the water supply system serves more than 305,000 customers, and the sewage 

collection, treatment, and disposal system serves about 230,000 customers in Northeast Florida. 

JEA's electric system includes three generating plants, approximately 730 miles of transmission lines, and 6,000 miles 

of distribution lines. JEA is a joint owner with Florida Power & Light Company (FPL) of the St. Johns River Power Park 

(SJRPP), which is operated by JEA. JEA also produces 3.2 megawatts (MW) fi'om a methane-fueled generating facility 

at the Girvin Road Landfill and 9.1 MW from the Trail Ridge Landfill. A 12.6 MW solar project is coming online in 20 IO. 

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Chapter 2 - Comment Documents Background 

JEA was the City's electrical utility only until 1997. In 1997, under agreement with the City of Jacksonville, JEA also took 

over the City's water and sewer businesses. This transition was made to improve the operational efficiency of these 

services, and especially to improve the ongoing maintenance and expansion of this critical infrastructure through capital 

infusion that was available more easily through the regional utility authority than through a municipal government 

structure. 

JEA's water supply system consists of 134 artesian wells tapping the Floridan aquifer. Clean drinking water is 

distributed through 35 water treatment plants and 4,208 miles of water lines. 

JEA's wastewater collection, treatment, and disposal system includes more than 3,700 miles of collection lines, seven 

regional treatment plants, and eight nonregional treatment plants. Approximately 12 million gallons per day of 

wastewater is further treated and reused for industrial uses as well as for irrigation at parks, golf courses, right of ways, 

and residential lawns and gardens. In providing reclaimed water for non-potable uses, JEA diverts wastewater from 

point source discharges while also helping to preserve the Floridan aquifer. 

As a result of multiple capital projects and extensive system modifications, JEA's wastewater treatment program has 

significantly reduced the amount of total nitrogen discharged annually into the St. Johns River. From the year 2000 to 

the present day, JEA has spent over $116 million on wastewater treatment plant improvements to reduce nutrient loads 

to the river. An additional $34 million in wastewater facility modifications are planned to achieve additional nitrogen 

reductions by 2013 to directly meet TMDL obligations (In addition to these specific TMDL expenditures, JEA has also 

spent over $600 million in combined wastewater treatment upgrades, collection system improvements and reuse 

system expansion, which all contribute to reducing nutrient discharge to the St. Johns River). 

Comment ID 1759-1.001.001 

Author Name: Phillips L. 

Organization: Gunster, Yoakley & Steward, P.A. on behalf of Babcock Property Holdings, LLC 

On behalf of our client, Babcock Property Holdings, LLC, ("Babcock"), we thank you for the opportunity to submit 

comments on the January 26, 2010, proposed Water Quality Standards for the State of Florida's Lakes and Flowing 

Waters ("Proposed Rule"). Babcock also appreciates that the EPA extended the comment period for the Proposed Rule 

until April 28, 2010, because of the complexity of the subject matter. Babcock has a particular interest in the Proposed 

Rule in part because of public comments made about Babcock's proposed development in Charlotte and Lee Counties, 

Florida. Those public comments were made at EPA's February 18, 2010, public meeting in West Palm Beach, Florida. 

The implication of those public comments was that Babcock's proposed development would contribute to the water 

quality issues in both Charlotte and Lee Counties. Babcock is responding to those comments to ensure any such claim 

is rebutted by the facts and science. Additionally, Babcock would like to comment on the impacts the Proposed Rule 

would have on the environmentally sound practice of water reuse from wastewater treatment plants and how that will 

directly impact Babcock's proposed development and water resources in Florida. Finally, Babcock would like to 

comment directly on the methodology used by the EPA to develop the Proposed Rule, Accordingly, please include this 

letter in the Administrative Record for the Proposed Rule. 

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Chapter 2 - Comment Documents Background 

Babcock's Proposed Development 

Babcock is proposing a development in Charlotte and Lee Counties, Florida, to be known as The Babcock Ranch 

Community. The Babcock Ranch Community is planned as an approximately 17,000 acre mixed use development with 

surface water discharges to the Caloosahatchee River via Owl Creek, Trout Creek, and Telegraph Creek through direct 

discharge, on-site wetlands, and on-site conveyance systems. 

The Babcock Ranch Community will not cause or contribute to the impairment of the Caloosahatchee River's existing 

impairment for fecal coliform, dissolved oxygen, and biochemical oxygen demand. To the contrary, as noted below, The 

Babcock Ranch Community will significantly improve the post-development stormwater discharges as compared to predevelopment stormwater discharges. The Babcock Ranch Community's proposed surface water management system 

within each basin and each tract is based on either the greater of I-inch or 2.5 times the impervious coverage, plus an 

additional fifty percent water quality treatment volume. This additional fifty percent of treatment is above and beyond the 

applicable water quality criteria. This is achieved by routing the stormwater run off into stormwater management 

systems for treatment prior to discharge from the proposed development. The stormwater management systems will 

consist of a series of interconnected wet detention ponds. Wet detention ponds function similar to natural lakes, where 

a combination of physical, biological, and chemical processes combine to remove portions of the incoming nutrient 

loads of total phosphorus and total nitrogen. 

Research has shown that removal efficiencies for nitrogen and phosphorus are related to the residence time for the 

stormwater runoff within wet detention areas such as lakes. Accordingly, Babcock computed estimated detention times 

for the proposed development's lakes that ranged from less than 100 days to more than 3,000 days. The calculated 

detention times were then used to predict the removal efficiency of phosphorus and nitrogen in each of the proposed 

development's lakes. To demonstrate the removal efficiency, Babcock has prepared a nutrient loading analysis which 

demonstrates that the post-development nutrient loads of phosphorus and nitrogen will be significantly less than the 

pre-development nutrient loads. This analysis estimated that total phosphorus loads would be reduced by eighty (80) 

percent comparing current conditions to post-development conditions. This analysis also estimated the total nitrogen 

loads would be reduced fourteen (14) percent comparing current conditions to post-development conditions. Contrary to 

public statements made at EPA's February 18,2010, meeting that The Babcock Ranch Community would contribute to 

water quality problems, this demonstrates water quality would actually improve. 

Although residence times for most of the lakes in The Babcock Ranch Community were calculated to be over 100 days, 

as noted above, use of those residence times for calculation of nutrient removal was limited to 100 days. This analysis 

was based on the South Florida Water Management District ("SFWMD") rules and permitting criteria that limit the 

calculations for estimation of nutrient load reductions to 100 days. Because a substantial amount of Babcock's 

proposed lakes have residence times above that 100 days, the above calculations of nutrient removal efficiency is likely 

a substantial under-estimation of the nutrient reductions that are likely to be achieved throughout Babcock's proposed 

wet detention areas. 

There are features that will more significantly reduce the concentration of phosphorus and nitrogen in addition to what is 

noted above for The Babcock Ranch Community's stormwater discharges that have not been factored into Babcock's 

SFWMD permitting analysis. Those include the following: 

1. Stormwater Pre-treatment - All commercial areas within The Babcock Ranch Community will be constructed with dry 

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Chapter 2 - Comment Documents Background 

detention pre-treatment systems. These pretreatment systems provide water quality treatment of stormwater before it 

enters the wet detention ponds. These pre-treatment areas will result in lower total phosphorus and total nitrogen inputs 

to the wet detention areas. Because these dry detention areas were not factored into the loading analysis discussed 

above, these pre-treatment areas will further reduce the nutrient loads and further improve water quality beyond what is 

assessed in Babcock's loading analysis. 

2. Wetland Treatment/Mitigation Areas - Several large wetland areas are included in the design of The Babcock Ranch 

Community. Wetland areas provide a shallow vegetative environment where significant additional nutrient uptake of 

phosphorus and nitrogen can occur. However, not all of these wetland areas in The Babcock Ranch Community are 

factored into Babcock's nutrient loading analysis discussed above. Wetland areas that were used to off set impacts (i.e. 

mitigation wetlands) were not considered in Babcock's nutrient load reduction calculations, though they will provide 

water quality benefits. Thus, there are wetland areas within the development that further reduce the nutrient loads and 

further improve water quality beyond that assessed in the loading analysis. 

3. Best Management Practices - Babcock has proposed a Construction Pollution Prevention Plan and an Urban Storm 

Water Management Plan that include many Best Management Practices ("BMPs") for improving water quality. Those 

BMPs include guidelines in the areas of nutrient and pesticide application, solid waste management, operation and 

maintenance of stormwater management and treatment systems, and all construction activities. Additionally, Babcock 

proposes to conduct street sweeping activities throughout the entire Babcock Ranch Community at a minimum 

frequency of once every other month using a vacuum-type sweeping device. Although these BMPs were not factored 

into the analysis, they will further reduce the concentrations of phosphorus and nitrogen in the stormwater runoff 

generated within the site beyond that calculated in Babcock's loading analysis. Thus, nutrient concentrations to be 

generated inside The Babcock Ranch Community will likely be even lower than indicated. This is another conservative 

factor built into the pre and post nutrient modeling ensuring that the water quality will be improved and treated to the 

maximum extent possible. 

Comment ID 1759-1.001.006 

Author Name: Phillips L. 

Organization: Gunster, Yoakley & Steward, P.A. on behalf of Babcock Property Holdings, LLC 

Conclusion 

Babcock prepared an extremely conservative nutrient loading analysis to estimate nutrient mass load discharges from 

The Babcock Ranch Community under existing and proposed conditions. The analysis indicated that off-site mass 

loadings of total nitrogen and total phosphorus will be substantially less under post-development conditions than the 

existing predevelopment conditions. Additionally, concentrations of both total nitrogen and total phosphorus will be 

reduced for post-development off site discharges compared to pre-development discharges. Thus, contrary to public 

statements made at EPA's meeting on Fehruary 18,2010, The Bahcock Ranch Community will not negatively impact 

water quality in the Charlotte and Lee County areas. To the contrary, as Babcock has demonstrated, water quality 

leaving The Babcock Ranch Community will actually be improved post-development. 

Babcock has expended numerous resources and funds to ensure all aspects of its development exceed the 

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Chapter 2 - Comment Documents Background 

environmental permitting criteria for water quality, quantity, and natural resources. The development is incorporating 

many state of the art technologies in its design to create a truly sustainable community. The Babcock Ranch 

Community will be a vibrant, positive addition to southwest Florida that improves and enhances the natural resources, 

including water quality. 

Comment ID 1761-1.001.002 

Author Name: Merrill M. 

Organization: Hillsborough County 

Thank you for your consideration of our comments. The County looks forward to wroking with EPA to ensure that 

appropriate and protective numeric nutrient criteria are finalized. Please contact me if you have additional questions or 

require addtitional information. 

Comment ID 1761-3.001.001 

Author Name: Merrill M. 

Organization: Hillsborough County 

INTRODUCTION 

The following provides comments on Federal Register Notice Volume 75, Number 16 filed under 40 CFR Part 131 

entitled "Water Quality Standards for the State of Florida's Lakes and Flowing Waters" (EPA, 2010a). The comments 

are structured based upon the specific sections outlined within the Federal Register Notice. A summary of key 

comments is provided below as well as key comments for each of the waterbody types including lakes, streams, and 

springs and clear streams. Detailed comments by section of the Federal Register Notice are then provided following the 

summary. Comments provided reflect review of the Federal Register Notice as listed above, as well as supporting 

documentation provided in a document entitled "Technical Support Document for U.S. EPA's Proposed Rule for 

Numeric Nutrient Criteria for Florida's Inland Surface Fresh Waters (TSD)" (EPA 2010b). 

Comment ID 1764-1.001.001 

Author Name: Mowry G. 

Organization: Marion County Stormwater Section 

Marion County, Florida has taken many steps to address water quality issues that affect its surface water, as well as its 

many springs. In 2004, the County implemented a comprehensive Watershed Management Program to identify and 

address water quality issues from stormwater runoff. In 2005, the County produced a Water Resource Assessment and 

Management Study to improve land use decision making for water resource management and protection. In 2009, the 

County passed ordinances and land development code to address springs and aquifer protection and limit the use of 

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Chapter 2 - Comment Documents Background 

fertilizers and irrigation. These steps were taken voluntarily by Marion County's Board of County Commissioners 

because it was the right thing to do as good stewards of the county and its natural resources. 

Comment ID 1764-1.001.013 

Author Name: Mowry G. 

Organization: Marion County Stormwater Section 

If you have any questions regarding the above comments and questions, please contact Gail Mowry, Clean Water 

Engineer, at (352) 671-8686. Marion County appreciates the EPA's efforts in what is a complex rule. Thank you for the 

opportunity to provide our comments and for your consideration of our concerns with the proposed rule. 

Comment ID 1765-1.001.001 

Author Name: Stewart K. 

Organization: Office of the Mayor, City of Jacksonville 

The City of Jacksonville (COJ) is committed to investing the necessary resources for restoring full health of the St. 

Johns River and its tributaries. This commitment has been demonstrated through Mayor John Peyton's 2006 River 

Accord in which a partnership with Florida Department of Environmental Protection (FEDP), St. Johns River Water 

Management District, Water and Sewer Expansion Authority, and JEA was formed that dedicated $700MM toward 

nutrient reduction projects. Since 2002 COJ has also been an active participant in FDEP's Lower St. Johns River 

(LSJR) Total Maximum Daily Load (TMDL) Executive Steering Committee and more recently with the LSJR Basin 

Management Action Plan (BMAP) adopted bv FDEP in October 2008. 

Comment ID 1765-1.001.003 

Author Name: Stewart K. 

Organization: Office of the Mayor, City of Jacksonville 

Thank you for your attention to this matter and feel free to contact me or Mr. Ebenezer Guijarlapudi, P.E., who serves 

as the Director of Environmental and Compliance Department for COJ. 

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Chapter 2 - Comment Documents Background 

Comment ID 1769-1.001.001 

Author Name: de la Parte, Jr. E.
 

Organization: de la Parte & Gilbert, P.A. on behalf of City of Cocoa
 

Please accept this letter as City of Cocoa, Florida's ("Cocoa" or the "City") comments regarding the Environmental 

Protection Agency's ("EPA") proposed numeric nutrient water quality criteria rule ("Proposed Rule"). 

Comment ID 1769-1.001.037 

Author Name: de la Parte, Jr. E.
 

Organization: de la Parte & Gilbert, P.A. on behalf of City of Cocoa
 

Thank you for your consideration of our comments. We look forward to your response. Please feel free to contact me if 

you have any questions. 

Comment ID 1770-1.001.001 

Author Name: de la Parte, Jr. E.
 

Organization: de la Parte & Gilbert, P.A. on behalf of Plant City
 

Please accept this letter as Plant City, Florida's ("Plant City") comments regarding the Environmental Protection 

Agency's ("EPA") proposed numeric nutrient water quality criteria rule ("Proposed Rule"). 

Comment ID 1771-1.001.001 

Author Name: de la Parte, Jr. E.
 

Organization: de la Parte & Gilbert, P.A. on behalf of Seminole County
 

Please accept this letter as Seminole County, Florida ' s ("Seminole County" or the "County") comment s regarding the 

Environmental Protection Agency 's ("EPA") proposed numeric nutrient water quality criteria rule ("Proposed Rule"). 

Comment ID 1772-1.001.020 

Author Name: de la Parte, Jr. E.
 

Organization: de la Parte & Gilbert, P.A. on behalf of City of Titusville
 

Please accept this letter as City of Titusville, Florida's ("Titusville" or the "City") comments regarding the Environmental 

11/19/2010 02:48 PM EST 2-1377
 
Chapter 2 - Comment Documents Background 

Protection Agency's ("EPA") proposed numeric nutrient water quality criteria rule ("Proposed Rule"). 

Comment ID 1773-1.001.023 

Author Name: de la Parte, Jr. E. 

Organization: de la Parte & Gilbert, P.A. on behalf of Orlando Utilities Commission 

Please accept this letter as Orlando Utilities Commission's ("OUC") comments regarding the Environmental Protection 

Agency's ("EPA") proposed numeric nutrient water quality criteria rule ("Proposed Rule"). 

Comment ID 1774-1.001.001 

Author Name: Payne J. 

Organization: Farmland Reserve, Inc. doing business as Deseret Ranches of Florida 

On January 26, 2010, the U.S. Environmental Protection Agency (EPA) issued draft numeric nutrient criteria (NNC) 

water quality standards for certain lakes and flowing water within the State of Florida, as listed in 40 CFR 131.34. This 

letter presents the comments of the Florida Stormwater Association (FSA) concerning the proposed criteria. 

FSA is a voluntary, non-profit Florida corporation organized under subsection 501(c)(4) of the Internal Revenue Service 

Code. Our membership consists of municipal and county governments, water control districts, Water Management 

Districts, academic institutions, and consulting and engineering firms. 

There are 300 member organizations of FSA. All of our members have an interest in surface water quality, stormwater 

management and stormwater finance. As an organization, FSA has been very actively involved in the development of 

water quality policy and the implementation of water quality improvement programs in Florida for the past 17 years. 

Comment ID 1774-1.001.002 

Author Name: Payne J. 

Organization: Farmland Reserve, Inc. doing business as Deseret Ranches of Florida 

1. General Observations 

1. General Comments of FSA concerning the proposed numeric nutrient criteria are attached hereto and should be 

considered to be an integral part of this letter. 

Comment ID 1774-1.001.019 

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Chapter 2 - Comment Documents Background 

Author Name: Payne J. 

Organization: Farmland Reserve, Inc. doing business as Deseret Ranches of Florida 

3. Possible Economic, Fiscal and other Impacts on Local Government 

Florida Statutes and implementing regulations provide for a very detailed system of identifying impaired waters, 

developing TMDLs and implementing measures to improve water quality. To our knowledge, this is the most robust 

system of TMDL implementation and surface water quality improvement of any state in the nation. Further, as 

previously noted, of 33% of all water quality data in the country is from Florida. 

Comment ID 1774.001.001 

Author Name: Payne J. 

Organization: Farmland Reserve, Inc. doing business as Deseret Ranches of Florida 

American agriculture is a wonder of the world and is more important than ever in light of increasing world food 

shortages. A viable American agriculture industry is of critical importance to the welfare of our country. At Farmland 

Reserve, Inc., d/b/a Deseret Ranches of Florida, (Deseret or Ranch) we are committed to agriculture and for 60 years 

have helped supply vital, nutritious food. Our commitment to innovative and responsible agricultural practices has made 

Deseret one of the most successful multiple-use agricultural operations in the United States. 

Through years of hard work, the land at Deseret has been made commercially productive for beef cattle, citrus, and 

timber. Deseret's landscape is a mosaic of pastures, citrus groves, wetlands, and woodlands. The Ranch is stretched 

out across the Central Florida counties of Orange, Osceola and Brevard. 

All living plants and animals require nutrients to sustain life. Nutrients are required to sustain commercial agriculture that 

in turn provides essential food for all of us. Obviously it is important to utilize knowledge and skill to apply nutrients to 

produce food without causing harm that can come when excessive amounts of nutrients enter water bodies. We 

continue to make improvements to our management practices to reduce the amount of nutrients entering our surface 

waters. 

Comment ID 1774.001.021 

Author Name: Payne J. 

Organization: Farmland Reserve, Inc. doing business as Deseret Ranches of Florida 

Final Comments 

Deseret Ranches is acutely aware of the need to protect the water quality of our lakes, streams and rivers on our 

properties and around this great State of Florida. We are actively involved in implementing proactive measures to 

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Chapter 2 - Comment Documents Background 

assure compliance with current State and Federal water quality standards and guidelines. We have been conducting 

agricultural and forestry operations for over 60 years and we continue to have a long term vision for the future that 

includes clean water and a healthy environment. 

Comment ID 1778-1.001.001 

Author Name: Arrington D. 

Organization: Loxahatchee River District 

On behalf of the Loxahatchee River Environmental Control District (LRD) I am submitting comments on the U.S. EPA 

(EPA) document Water Quality Standards for the State of Florida's Lakes and Flowing Waters. 

The LRD was created in 1971 as a Special District of the State of Florida to preserve and protect the nationally 

designated wild and scenic Northwest Fork of the Loxahatchee River. Therefore, LRD welcomes the Florida 

Department of Environmental Protection and the U.S. Environmental Protection Agency in their efforts to establish 

criteria to protect aquatic life in Florida's waters. The LRD has a long history of monitoring water quality within the 

Loxahatchee River watershed, and we have worked with the South Florida Water Management District, the Florida 

Department of Environmental Protection, and the Florida Park Service to establish numeric nutrient criteria for the 

Loxahatchee River. Our efforts divided the 16 mile long river into five distinct zones, with specific numeric nutrient 

criteria established for each zone. This work was published in the Restoration Plan for the Northwest Fork of the 

Loxahatchee River (2006). Importantly, our efforts addressed the spatial and temporal heterogeneity that exists across 

the landscape of the Loxahatchee River, one of South Florida's last (relatively) unregulated rivers. 

Comment ID 1784-1.001.001 

Author Name: Cunningham T. 

Organization: Gainesville Regional Utilities 

EXECUTIVE SUMMARY 

In January 2010, the Environmental Protection Agency (EPA) proposed Numeric Nutrient Criteria (NNC) for the entire 

state of Florida. The EPA asked for comments addressing the proposed criteria to be submitted for consideration before 

the final criteria are adopted in October 2010. 

Comment ID 1784-1.001.010 

Author Name: Cunningham T. 

Organization: Gainesville Regional Utilities 

I. GRU has Committed to Ongoing Efforts to Reduce Nutrient Loads to Florida Waters: GRU has made continuous 

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efforts to reduce nutrient loads to Florida waters. GRU has been dedicated and proactive in protecting the environment 

and local waterbodies through responsible operation of water reclamation facilities and wastewater collection facilities. 

In addition to Utility best management practices, ongoing environmentally beneficial projects were undertaken to comply 

with TMDL obligations under the Orange Creek Basin Management Action Plan (BMAP) and/or other water quality 

restoration initiatives. The TMDLs were approved by the EPA and the Florida Department of Environmental Protection 

(FDEP) in 2006. GRU is a stakeholder and working group member of the Orange Creek Basin BMAP, which was 

adopted by the FDEP on 5/15/08, and was the culmination of years of stakeholder effort. GRU has worked with the 

stakeholders from 2005 through the present and beyond to both identify TMDLs and develop unique solutions to 

address and meet the TMDLs. The working group has included various governmental agencies, environmental groups, 

and concerned citizens. This working group created the BMAP that includes various environmentally beneficial projects 

to address primarily nutrient and bacteria concerns in local waterbodies. GRU has been and continues to be a primary 

stakeholder in this working group committing a significant amount of time and resources to developing and executing 

multiple aspects of the Plan. Please find below a list of numerous key activities and projects GRU is specifically 

engaged in to reduce nutrient loads to Florida waters. These projects are explicitly included in the Orange Creek Basin 

BMAP and proposed and executed by GRU: 

1. Alachua Sink Intensive Water Quality Study: A water quality study was completed to provide a better understanding 

of the nutrient loading to Alachua Sink and evaluation of the modeling utilized in the TMDL. A significant amount of 

water quality data was collected to assist in understanding the environment. 

2. Sliplining Wastewater Collection Mains: GRU has been committed to sliplining facilities located adjacent to local 

creeks and waterbodies which minimizes the possibility of wastewater releases to these water systems and therefore 

reduces overall nutrients in the systems. 

3. Wastewater Collection System Annual Rehabilitation and Replacement: Replacement of GRU wastewater collection 

system to maintain system integrity and minimize the possibility of wastewater release, specifically to local waterbodies. 

Includes rehabilitation and upgrade of existing force mains and gravity mains. 

4. Sanitary Sewer System Geodatabase: Developed and maintain a sanitary sewer system geodatabase with locations 

and data associated with GRU wastewater collection system and environmental features include Florida waters. 

5. Reclaimed Water System at Main Street Water Reclamation Facility (MSWRF): Construction and operation of a 

reuse pump station, high-level disinfection and transmission main to deliver reclaimed water to a power plant and for 

irrigation. This project will remove nutrient loading from Sweetwater Branch and Alachua Sink. 

6. Reclaimed Water Master Plan: Evaluate future reclaimed water alternatives that will impact options to meet TMDL by 

reducing treated effluent discharge to Sweetwater Branch and Alachua Sink and subsequently reducing nutrient 

loading. 

7. Main Street Water Reclamation Facility (MSWRF) & Kanapaha Water Reclamation Facility (KWRF) Annual 

Operation & Maintenance: GRU staff and resources are dedicated to operating and maintaining the water reclamation 

facilities in accordance with the existing NPDES permit requirements. The operation and maintenance of the facility in 

accordance with the FDEP requirements limits the amount of nutrients discharged to Florida waters. 

GRU is actively engaged in research and development activities to reduce nutrient loading to the environment. The 

GRU Infiltrating Wetland Projects at Kanapaha Middle School and Kanapaha Water Reclamation Facility are cutting 

edge constructed wetland projects with a world renowned expert, Dr Robert Knight. The purpose of these projects is to 

develop a data set in the polishing of reclaimed water for a reduction of nutrients. The literature indicates and these 

projects are demonstrating that infiltrating wetlands are an effective and efficient tool to naturally reduce the amount and 

concentration of nutrients entering waterbodies. GRU has invested significant resources such as staff time, consultant 

expertise, and analysis on these projects and is continuing to monitor and collect water quality data to specifically 

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measure nutrient reductions in wetland systems. 

GRU has assisted in forming a team of agencies to address bacteria and nutrient loading into the local urban creeks 

from a variety of sources. 

Comment ID 1784-1.001.012 

Author Name: Cunningham T. 

Organization: Gainesville Regional Utilities 

A major environmental beneficial project from the BMAP effort is the Sweetwater Branch/Paynes Prairie Sheetflow 

Restoration Project. The Project is an innovative solution to a long standing problem and will improve and preserve 

regional surfacewater and groundwater resources. Project partners include major agency and stakeholder support 

including the FDEP, City of Gainesville, Alachua County Environmental Protection Department (ACEPD), Alachua 

County Forever, St. Johns River Water Management District (SJRWMD), and the Florida Department of Transportation 

(FDOT). Local chapters of the Sierra Club, and the Audubon Society are also strong supporters of the project. A total of 

$3.3 million in grants for land acquisition, design, and construction have been secured so far towards the $22 million 

project. The SJRWMD has committed $1.35 million, FDEP has committed $1.2 million and FDOT has committed 

$666,000. 

The Alachua Sink nutrient TMDL is addressed by the Sweetwater Branch/Paynes Prairie Sheetflow Restoration Project 

which was developed by the Orange Creek Basin Management Action Plan (BMAP) working group and the Florida 

Department of Environmental Protection. This document was developed over the course of the last 5 years from 2005 

to present with substantial support, public participation, and assistance from: 

• Alachua County (Public Works and Environmental Protection Departments); 

• City of Gainesville (Public Works); 

• Fish and Wildlife Conservation Commission (FWC); 

• Department of Transportation (DOT); 

• DEP Northeast District Office; 

• DEP Bureau of Invasive Plant Management; 

• Paynes Prairie Preserve State Park; 

• Alachua County Health Department; 

• Gainesville Regional Utilities (GRU); 

• University of Florida; 

• St. Johns River Water Management District (SJRWMD); 

• Department of Agriculture and Consumer Services (Office of Agricultural Water Policy and Division of Forestry); 

• Florida Forestry Association; 

• Private timber interests; 

• Marion County Clean Water Program; 

• Alachua County and Gainesville citizen environmental advisory committees; and 

• Community groups, including Sustainable Alachua County, Suwannee St. Johns Sierra Club, and Women for Wise 

Growth. 

• Jim Weimer, Biologist at the Department's Paynes Prairie State Park. 

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These agencies and individuals have committed significant time and effort toward developing these comprehensive 

solutions to nutrient impairment in local waterbodies. The PPSRP is a basin solution that collects treated and untreated 

stormwater runoff, natural drainage, and reclaimed water from the MSWRF and combines the flow into an enhanced 

wetland. The enhanced wetland further polishes the combined water and sheetflows to Paynes Prairie to rehydrate and 

restore the natural hydrology to approximately 1300 acres of wetlands within Paynes Prairie Preserve State Park, 

provide protection to the Floridan Aquifer, and ultimately provide public recreation/wildlife viewing. These existing, 

natural wetlands further polish the water to background nitrogen concentration levels before discharging to Alachua 

Sink which is the downstream waterbody. This project serves as a basin solution for a large portion of the Orange 

Creek Basin and all upstream stakeholders and uses. Figure I-1 below illustrates the major elements of the project. 

Original comment letter contains additional information in FIGURE I-1: Paynes Prairie Sheetflow Restoration Project. 

See original comment letter. 

Comment ID 1784-1.001.014 

Author Name: Cunningham T. 

Organization: Gainesville Regional Utilities 

Alachua County and City of Gainesville have adopted Comprehensive Plans and Land Development Regulations that 

discourage the installation of on-site sewage disposal systems or septic systems. GRU has been committed to 

expanding wastewater collection facilities efficiently to reduce the number of septic systems. 

Comment ID 1784-1.001.016 

Author Name: Cunningham T. 

Organization: Gainesville Regional Utilities 

GRU worked closely with the City of Gainesville City Commission to start the ConnectFREE program in 2005. A portion 

of the program is designed to connect individuals on a septic system that may be causing environmental or public 

health harm. These programs assist in limiting the amount of nutrients being discharged to the environment. 

GRU domestic wastewater operators are licensed by the state of Florida to ensure that the water reclamation facilities 

are operated in such a manner to meet all local, state, and federal standards. GRU operators achieve this and go 

beyond by optimizing the operation of the MSWRF to further reduce nutrients to protect the environment. The operators 

began in 1992 to optimize the use of the aerators to utilize the facilities to denitrify and reduce nitrates being discharged 

to Sweetwater Branch. In addition, variable frequency drive aerators, and other realtime monitoring devices have been 

installed at MSWRF to further refine the operation of the plant and greatly reduce total nitrogen by 60% to 75%. 

Comment ID 1784-1.001.017 

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Author Name: Cunningham T. 

Organization: Gainesville Regional Utilities 

II. GRU has Invested in Environmentally Beneficial Projects: The adopted Orange Creek BMAP - Table 10-9 provides 

the adoptable BMAP expenditures over many fiscal years, showing capital projects and O&M projects to address 

nutrients and surface water quality in the Orange Creek Basin within Alachua County. In addition to the Paynes Prairie 

project discussed in detail above, GRU ratepayers have paid for many of the environmentally beneficial projects and 

efforts documented in the Orange Creek BMAP and support documents and discussed above. 

GRU has invested a significant portion of its budget in maintaining the integrity of the wastewater collection system to 

ensure raw wastewater does not enter the environment. GRU water/wastewater systems operation and maintenance 

and capital costs exceeded $70 million for fiscal years (FY) 2002 through 2007. These expenditure funded the following 

types of activities: 

• Closed-Circuit TV Inspection/Repair and Cleaning; 

• Infiltration & Inflow (I & I) Testing; 

• Sliplining of Gravity Mains Adjacent to Urban Creeks; 

• Force Main Integrity Testing; 

• GIS Asset Management System - Mapping and Targeted Maintenance; 

• Plan Review and New Development Inspection - Redundancy, Oversizing, and New Standard Practices to Improve 

Reliability; 

• Annual Water/Wastewater Engineering Operation and Maintenance Services; and 

• Wastewater Spill Prevention Programs. 

Through its operation and maintenance activities, GRU has achieved a wastewater delivery efficiency rate (based on 

volume) approaching 100%, and for the 2004-09 period maintained a spill rate of less than 25% of the national average. 

These significant achievements benefit all water bodies within the GRU service area. 

Specific recent investments in environmentally beneficial projects identified above are summarized in Table II-1 below: 

Original comment letter contains additional information in TABLE II-1: Recent GRU Activities and Projects to Protect 

Water Quality. See original comment letter. 

*PPSRP is an estimated $22 million project. GRU is responsible for approximately $11 million of this project. A 

significant amount of time and resources have already been invested to date to develop conceptual plans and secure 

land. There has been approximately $3.3 million spent to date and an enormous amount of staff time from the multiple 

agencies and individuals involved. This project has nearly universal support from individuals, governmental agencies 

including regulators, regulated entities, and political support. It is recognized as a tremendous solution to reduce 

nutrients and protect and enhance the environment. 

The investments made at the MSWRF to optimize denitrification and reduce the amount of nitrogen being discharged to 

the environment have included replacing the aerators with variable frequency drives, replacing and installing monitoring 

equipment to measure dissolved oxygen and installing realtime monitors for ammonia and nitrogen to further optimize 

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operations. 

Comment ID 1784-1.001.018 

Author Name: Cunningham T. 

Organization: Gainesville Regional Utilities 

III. Scientific and Regulatory Basis for Nutrient Limits in Discharge Permit: GRU owns and operates the Main Street 

Water Reclamation Facility (MSWRF) which is located at 200 SE 16th Avenue, Gainesville, Florida. The MSWRF 

discharges treated wastewater into waters of the state as defined in Section 430.031, Florida Statues. The scientific and 

regulatory basis for nutrient limits in the Main Street Water Reclamation Facility (MSWRF) permit are documented in the 

Florida Department of Environmental Protection TMDL Report (Appendix A: Nutrient TMDL for Alachua Sink, WBID 

2720A). The MSWRF discharges reclaimed water to Sweetwater Branch which flows to a canal that discharges to 

Alachua Sink. Alachua Sink was verified as impaired by nutrients using the methodology in the Identification of Impaired 

Surface Waters Rule (IWR), Rule 62-303, F.A.C. and was included on the Verified List of impaired waters for the 

Ocklawaha Basin that was adopted by Secretarial Order on August 28, 2002. A nutrient TMDL for Alachua Sink was 

approved on December 20, 2006. The MSWRF DEP Permit No. FL0027251 and Administrative Order No. AO 136 NE 

dictate that the MSWRF is authorized to discharge to Sweetwater Branch (WBID 2711) with specific conditions to limit 

and monitor the loading to 40,380 lbs/yr Total Nitrogen by April 

2019. (Appendix C: DEP Permit No. FL0027251 and AO 136 NE) 

The TMDL is a site-specific and waterbody-specific analysis of water quality, specifically nutrient loading, for 

Sweetwater Branch and Alachua Sink. Through the TMDL process Sweetwater Branch was determined to not be 

impaired for nutrients. 

Previous to the current NPDES permit for MSWRF, a narrative nutrient criterion was used to protect both Sweetwater 

Branch and Alachua Sink. The narrative nutrient criterion states that "in no case shall nutrient concentrations of a body 

of water be altered so as to cause an imbalance in natural populations of aquatic flora or fauna" (F.A.C. 62­

302.530(48)(b)). 

Comment ID 1784-1.001.019 

Author Name: Cunningham T. 

Organization: Gainesville Regional Utilities 

IV. Basis for TMDL: The MSWRF discharges directly to Sweetwater Branch which was not identified as impaired for 

nutrients through the TMDL process. Sweetwater Branch flows to a manmade canal which conveys flow directly to 

Alachua Sink. Alachua Sink has been identified as impaired and assigned a TMDL. 

Based on the water quality data provided by the St. Johns River Water Management District (SJRWMD), Alachua Sink 

was determined to have elevated nutrient and chlorophyll a (chla) values, with an average Trophic State Index (TSI) 

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score of 78 from 2000-2002. For this period, the average annual total nitrogen (TN), total phosphorus (TP), and chla 

concentrations were 4.33 milligrams per liter (mg/L), 1.279 mg/L, and 40.8 ug/L, respectively. For all years of record, 

the annual TSI was above 60. The mean color of Alachua Sink during this period was calculated as 106 platinum cobalt 

units (PCUs). Analyses of the water quality of Alachua Sink indicated that the long-term annual average TN/TP ratio is 

less than 10, suggesting that the phytoplankton community of Alachua Sink is nitrogen limited. Therefore, the TMDL for 

Alachua Sink was only developed for TN loadings. For lakes, the IWR threshold for impairment is based on the TSI and 

average color (PCUs). As Alachua Sink has a mean color greater than 40 PCUs, the IWR threshold for impairment is an 

annual mean TSI of 60. 

The following three main steps were used as the basis to develop the TMDL: 

1. TN and TP loadings from various point and nonpoint sources of pollution to Alachua Sink were estimated using the 

Watershed Management Model (WMM). 

2. Loading estimates from the WMM were entered into the Bathtub eutrophication model to establish the relationship 

between TN and TP loadings and in-lake TN, TP, and chla concentrations. The model results for in-lake TN, TP, and 

chla were used to calculate the TSI-predicted (TSI-P) for several loading scenarios. 

3. The loadings to Alachua Sink were adjusted until the TSI-P calculated from the model was less than the target TSI. 

The TN loadings that resulted in achieving the target TSI constituted the nutrient TMDL for Alachua Sink. 

The TMDL was finally allocated to stakeholders. 

Comment ID 1784-1.001.020 

Author Name: Cunningham T. 

Organization: Gainesville Regional Utilities 

GRU was a key stakeholder in the development and adoption of the Alachua Sink TMDL. Several years and multiple 

public meetings were conducted with numerous stakeholders to develop and allocate the TMDL. The TMDLs were 

approved by the EPA and the Florida Department of Environmental Protection (FDEP) in 2006. 

(Reference Document: Appendix A: TMDL Report: Nutrient TMDL for Alachua Sink, WBID 2720A) 

Comment ID 1784-1.001.022 

Author Name: Cunningham T. 

Organization: Gainesville Regional Utilities 

V. Uniqueness of Sweetwater Branch: Much of Gainesville's urban creek system is unique in that it eventually 

discharges to sinkholes (Springs to Sinks). No Gainesville urban creeks are listed as impaired for nutrients. The urban 

creek located adjacent to the MSWRF and which receives treated wastewater from the MSWRF is Sweetwater Branch. 

The Sweetwater Branch Watershed encompasses 3.3 square miles of central Gainesville. Sweetwater Branch flows 

through the Duck Pond area and the heart of downtown Gainesville, then through the Depot Avenue 

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residential/industrial district where it is joined by Rosewood Branch near SE 10 th Avenue. Sweetwater Branch 

continues southeast through residential and natural areas before reaching an old landfill site. Further downstream, 

reclaimed water is discharged into the creek from the GRU Main Street Water Reclamation Facility (WRF). The creek 

continues south of Williston Road (SR 331) and flows into Paynes Prairie State Preserve where it ultimately discharges 

to the Floridan aquifer via Alachua Sink. 

Historically, Sweetwater Branch was a small spring-fed stream that meandered through a young Gainesville. As the City 

grew, so did the need to prevent flooding, hence many segments of the creek upstream of the MSWRF were 

channelized. Substantial increases in the impervious surface area throughout the watershed resulted in greater 

volumes and velocities of stormwater runoff directed, without treatment, to Sweetwater Branch. Most of the urban 

development within the basin occurred prior to state and local requirements for stormwater. The lack of stormwater 

management systems allows the direct discharge of non-treated stormwater to Sweetwater Branch. These dramatic 

increases in flow patterns have altered the character of the creek. In addition, segments of the creek are littered with 

landfill debris, bacteria levels flourish in the upper reaches, and native vegetation has been replaced in many places by 

exotic and invasive species. The lower reaches of Sweetwater Branch near the MSWRF discharge is essentially the 

only portion of the creek that is undeveloped. These lower reaches also have a natural canopy prior to entering Paynes 

Prairie. 

Aquatic vegetation (both emergent and submergent) is uncommon in Sweetwater Branch due primarily to erosion and 

sedimentation. Both processes alter the natural streambed, resulting in unfavorable conditions for plant growth. Fish 

species, such as the mosquito fish, were abundant in most reaches of the creek. Common birdlife includes most of the 

native songbirds of the Gainesville area, woodpeckers, red-tailed hawks, osprey, and barred owls. Alligators, turkeys, 

and aquatic turtles area quite common as the stream approaches Paynes Prairie State Preserve. Many reaches of 

Sweetwater Branch have been artificially channelized. The artificial channels, along with the resulting increased velocity 

and flow during rain events, have had a detrimental effect on the stability and integrity of the creek ecosystem. 

Historically, flow from Sweetwater Branch, entered Paynes Prairie as sheetflow. This changed, however, when a family 

dredged a channel to promote drainage for livestock. This channel bypasses natural wetlands which once helped filter 

out nutrients and sediments before reaching the lake and discharging to the Floridan Aquifer via the primary sink 

feature at Alachua Sink. 

Sweetwater Branch discharges to a highly variable Alachua Lake/Sink system that is considered impaired for nutrients 

due to an elevated Trophic State Index (TSI). Even if all the effluent from the GRU Main Street Water Reclamation 

Facility were removed, the Alachua Lake/Sink system would still be impaired for nutrients due to natural causes from 

Paynes Prairie inputs. Regardless, the Paynes Prairie Sheetflow Restoration Project (PPSRP) will produce great 

environmental benefits and improve water quality. GRU and the City of Gainesville will meet the EPA/FDEP approved 

TMDL and will also address years of damage that is the result of channelization of the urban creek and the prairie, and 

insufficient stormwater infrastructure that allows the downtown watershed to flush nutrients directly to Alachua Sink. 

(Reference Document: Appendix D: Gainesville Creeks June 2007, A Status Report on Baseflow Water Quality, 

Stormwater and Ecosystem Health for the Orange Creek Basin 1998-2003. Prepared for: SJRWMD, Prepared by: 

Alachua County Environmental Protection Department) 

Original comment letter contains additional information in FIGURE 6-1: Sweetwater Branch. See original comment 

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letter. 

Comment ID 1785-1.001.025 

Author Name: Hall T. 

Organization: Lee County Board of County Commissioners Southwest Florida 

I. Background on Lee County 

Lee County is an 804-square-mile metropolitan area of approximately 600,000 residents located along the Gulf Coast of 

Southwest Florida. Known for its 50 miles of white sand beaches on the Gulf of Mexico, Lee County receives 

approximately 5 million visitors a year that generate approximately $3 billion in economic impacts. Lee County tourism 

employs lout of every 5 people within the County. To be sure, protection of our precious natural and water resources is 

critical to Lee County and its residents, as well as to our tourism industry. While the economic impact of the tourism 

industry can be measured in dollars and cents, we also benefit from the quality of life to which a healthy ecosystem 

contributes. 

Comment ID 1786-1.001.001 

Author Name: Kirk K. 

Organization: National Association of Clean Water Agencies 

The National Association of Clean Water Agencies (NACWA) appreciates the opportunity to comment on Water Quality 

Standards for the State of Florida's Lakes and Flowing Rivers Notice of Proposed Rulemaking, published by the 

Environmental Protection Agency (EPA) in the Federal Register on January 26, 2010 (75 Fed. Reg. 4174). NACWA 

represents the interests of the nation's publicly owned wastewater treatment agencies, including 12 utilities in Florida. 

Comment ID 1786-1.001.011 

Author Name: Kirk K. 

Organization: National Association of Clean Water Agencies 

NACWA to Convene Summit on Nutrients, Initiate Dialogue with EPA, States 

NACWA's members across the country have been engaged in the development of water quality goals for years and 

have gained valuable knowledge and experience related to effective implementation approaches for wastewater 

treatment plants. NACWA believes that a new approach or suite of approaches is needed at the national level to 

address nutrients and that simply pointing the finger at EPA is not a sufficient response. In line with this, NACWA is 

convening a Summit of its membership to outline potential solutions. NACWA will convene its Nutrient Summit this 

summer and stakeholders from EPA and the states will be invited to share their perspectives related to criteria 

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Chapter 2 - Comment Documents Background 

development and implementation. NACWA will generate a white paper based on the Summit for use in initiating further 

dialogue with EPA and the states on developing a comprehensive, integrated, scientifically sound, and cost effective 

approach to improving water quality with respect to nutrients. 

The Summit and resulting report will acknowledge the importance of addressing all sources of nutrients, but focus on 

near-term solutions that recognize that current CWA authorities to address the array of nutrient sources are limited. 

NACWA believes that any long-term solution to nutrient impacts must result in equitable and accountable controls for all 

sources, proportionate to their contribution. Little or no progress will be made unless all nonpoint source categories are 

part of the solution. NACWA is working on a parallel track to explore legislative solutions that support a watershedbased approach to water quality improvement that would accomplish this long-term goal. 

Over the past several years numerous approaches have been suggested by environmental activist groups and the 

states in an effort to accelerate progress on nutrient control. NACWA understands that there are concerns about the 

rate of progress on controlling nutrients and believes that there must be a new and proactive dialogue among the key 

stakeholders to find solutions that will actually make sense, rather than simply reverting to blanket, one-size-fits-all 

approaches. 

Comment ID 1787-1.001.001 

Author Name: Spratt J. 

Organization: Florida Nursery, Growers and Landscape Association 

To Whom It May Concern: 

The Florida Nursery, Growers and Landscape Association (FNGLA) wishes to provide the following comments on 

behalf on its plant nursery, landscape, retail and allied division members throughout the state of Florida. FNGLA is a not 

for profit industry trade association whose mission is to enhance its members' business success through political 

leadership, education, marketing, research, certification and services. 

FNGLA is the recognized leader of Florida's nursery and landscape industry and, to this end, is the largest nursery and 

landscape association in the nation. FNGLA and its members have long promoted its membership for being 

environmentally aware, responsible and proactive. Our agricultural members continue to work closely with our state's 

government agencies in a collaborative effort to prevent surface and groundwater degradation through the support of 

research and the implementation of best management practices aimed at reducing and removing nutrients from surface 

water runoff and discharge. 

Comment ID 1787-1.001.008 

Author Name: Spratt J. 

Organization: Florida Nursery, Growers and Landscape Association 

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Chapter 2 - Comment Documents Background 

For more than a decade and at the cost of over $20 million, Florida's TMDL program and the associated development of 

Basin Management Action Plans (BMAPs) continue to be the regulatory mechanism used in the state to address 

impairments of water bodies. The TMDLs are determined from time-intensive water quality assessments and monitoring 

studies which ultimately determine the maximum amount of a given pollutant that a water body can absorb and still 

maintain its designated use. The process of developing TMDLs is based on an imbalance of flora and fauna and the 

implementation of strategies to meet the TMDLs are narrative and account for all land use types within a watershed. 

The creation of BMAPs has been a collaborative effort between the FDEP, the Florida Department of Agriculture and 

Consumer Services (FDACS), and local stakeholders. FDACS and representatives of private agriculture participate in 

BMAP development to identify applicable BMP programs and include actions to promote participation (2007). BMAPS 

are blueprints for restoring impaired waters by reducing pollutant loadings to meet allowable loadings established in a 

TMDL (FDEP 2010a). Per Florida Statute Ch. 404.067(7)(b) (2009), once a BMAP has been established, those nonpoint source agricultural operations within its boundary are required to either implement the appropriate established 

BMPs or provide water quality monitoring data as set forth by the FDEP or water management district. 

Comment ID 1789-1.001.001 

Author Name: Dozier J. 

Organization: Georgia Association of Water Professionals and Georgia Member Association of the Water Environment Federation 

The Georgia Association of Water Professionals (GAWP) and the Georgia Member Association of the Water 

Environment Federation (GWEF, a Section of GAWP) appreciate the opportunity to comment on Water Quality 

Standards for the State of Florida's Lakes and Flowing Rivers Notice of Proposed Rulemaking, published by the 

Environmental Protection Agency (EPA) in the Federal Register on January 26, 2010 (75 Fed. Reg. 4174). GAWP is a 

not-for-profit Association with membership of over 4,000 water and wastewater treatment plant operators and 

managers, municipal and industrial officials and environmental managers, civil engineers, environmental engineers, 

scientists, manufacturers and their representatives, contractors, elected officials and others concerned with Georgia's 

water resources. GAWP also has over 150 Utility Member organizations and over 160 Corporate Members. Our chief 

purpose is to educate and assist those who have an interest in the proper management and protection of Georgia's 

water resources. Our membership consists largely of the professionals who implement State and Federal water supply, 

water protection, and water resources laws and regulations. GAWP is affiliated with the Water Environment Federation 

(WEF) through our GWEF Section, which is comprised of some 1,000 professionals in the field of water protection in 

Georgia. WEF represents public and private water utilities, consulting engineers, equipment manufacturers, elected 

officials, and others charged with the responsibility of protecting water resources. The Water Environment Federation is 

an international association of some 40,000 professionals in this field. 

Comment ID 1790-1.001.001 

Author Name: Rota M. 

Organization: Gulf Restoration Network 

The Gulf Restoration Network (GRN) submits the following comments regarding Docket ID No. EPA-HQ-OW-2009­

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0596, the proposed Water Quality Standards for the State of Florida's Lakes and Flowing waters (Federal Register/Vol. 

75, No. 16/Tuesday, Jan. 26, 2010, pp. 4174-226). The GRN is a coalition of local, regional, and national groups and 

individuals that are dedicated to protecting and restoring the natural resources of the Gulf of Mexico Region. We have 

individual and group members in each of the five Gulf States, including Florida, who swim, fish boat, or otherwise utilize 

Florida waters. GRN reserves the right to rely on any comments submitted into the public record. 

Comment ID 1794-1.001.002 

Author Name: Taylor W. 

Organization: US Department of the Interior 

South Florida, encompassing the geographic area covered by the South Florida Water Management District, contains 

Everglades National Park (ENP), Biscayne National Park (BNP), the Arthur R. Marshall Loxahatchee National Wildlife 

Refuge (Refuge), and the Big Cypress National Preserve (Preserve). 

Comment ID 1794-1.001.012 

Author Name: Taylor W. 

Organization: US Department of the Interior 

Background: 

Biscayne Bay includes Biscayne National Park (BNP), the Biscayne Bay Aquatic Preserve, which includes Card Sound, 

and Barnes Sound, which is part of the Florida Keys National Marine Sanctuary. All of Biscayne Bay and its southern 

sounds and Everglades National Park (ENP) are an Outstanding Florida Water (62-302.700 F.A.C.), which is a special 

designation for protecting their natural attributes. Everglades NP, which includes most of Florida Bay, is also an 

Outstanding Natural Resource Water (62-302.700 F.A.C.), which provides for the protection of the park's water quality 

in recognition of its exceptional recreational or ecological value. These designations, Outstanding Florida Waters and 

Outstanding National Resources Water, provide the highest level of protection by allowing no degradation of water 

quality. 

Comment ID 1795-1.001.001 

Author Name: Palmer D. 

Organization: Emerald Coast Utility Authority 

The Emerald Coast Utilities Authority is a special authority established by the State of Florida to provide potable water, 

wastewater treatment and sanitation collection. We are located in the southern portion of Escambia County in northwest 

Florida. We are in the Panhandle area as identified in the proposed rule. We have three wastewater treatment plants 

with three different outfalls to three different water bodies. In the past 12 years we have upgraded two of these plants to 

Advanced Waste Treatment (AWT - 5,5,3,1 mg/l of CBOD5, TSS, Total N, and Total P respectively) and by the end of 

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this year we will have the third replaced with an AWT plant.. We are currently spending more than 300 million dollars to 

move our third plant, a 20 mgd plant, out of a storm surge zone and we are removing the effluent from the Bay. The 

effluent from this new plant will mainly be used for industrial reuse. To put the 300 million dollars into perspective for 

ECUA our typical CIP program is about 10 million dollars per year. The new plant took some special financing and 

some special rate increases. 

It is this third plant that is mainly affected by the first phase of this rule. One of the other plants discharges to an estuary 

and the other discharges to wetlands which discharge to an estuary. As we understand it the phase two implementation 

of this rule will have even stricter standards and the majority of the following comment will apply to all the plants as they 

relate to treatment and disposal options and costs. 

Comment ID 1796-1.001.001 

Author Name: Mizrahi C. 

Organization: National Potato Council 

The National Potato Council (NPC) is the trade association representing potato growers in the 34 states, including 

Florida, in the United States where commercial potato production occurs. In that capacity the NPC represents more 

than 90 per cent of the potato producers in the United States on issues impacting growers' ability to efficiently and 

environmentally soundly produce a potato crop. As an organization the NPC takes stewardship of water and all natural 

resources seriously. The NPC is a long time participant in the EPA Pesticide Environmental Stewardship Program 

(PESP). 

Comment ID 1797-1.001.001 

Author Name: Braswell S. 

Organization: Florida Farm Bureau 

Please accept the following written comments on behalf of Florida Farm Bureau Federation, the state's largest generalinterest agricultural association with over 140,000 member-families. Florida Farm Bureau Federation represents all 

agricultural commodity sectors in the State of Florida, including but not limited to: apiculture, aquaculture, livestock 

production, citrus, environmental horticulture, equine, forestry, peanuts, cotton, sod, sugar, fruits and vegetables. 

Comment ID 1798-1.001.002 

Author Name: Wessell R. 

Organization: Sanibel Captiva Conservation Foundation 

SCCF is a 501(c)(3) not-for-profit organization in our fifth decade of preservation dedicated to the conservation of 

coastal habitats and aquatic resources on Sanibel and Captiva islands and in the surrounding watershed. 

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SCCF has been involved in water quality issues in Southwest Florida for decades. We have actively supported grass 

roots effort to establish and press for Outstanding Florida Water status for several local tributaries and supported the 

Aquatic Preserve designation for our coastal waters. These state designations are reserved for water bodies with 

"natural attributes worthy of special protection". 

Our backyard has the distinction of encompassing the very first Aquatic Preserve- Estero Bay, designated in 1966. That 

designation was hard fought by a diverse group of residents who wanted to protect the outstanding natural diversity and 

health of a very special marine environment. 

Comment ID 1798-1.001.006 

Author Name: Wessell R. 

Organization: Sanibel Captiva Conservation Foundation 

Many water quality problems are regional in nature with contamination delivered to surface and ground waters from 

fertilizer and regional stormwater runoff, wastewater treatment plants and septic leachate. This points to the need for 

regional or statewide controls but our local communities have taken extraordinary steps to work on local sources of 

pollutions working to do what we can in our own watersheds. Working with the Mayor of Sanibel and the Southwest 

Florida Regional Planning Council our staff worked with technical and policy stakeholders to develop and pass regional 

regulations on fertilizer, stormwater, septic and wastewater systems in our six county area. 

Comment ID 1799-1.001.001 

Author Name: Clement D. 

Organization: Joshua Water Control District 

The Joshua Water Control District District is a Special District established pursuant to Chapter 298 of the Florida 

Statutes for the express purpose of draining and conserving the lands and is a member of the Florida Association of 

Special Districts. Through the Florida Association of Special Districts, we have become aware of the U.S. 

Environmental Protection Agency's proposed rule development that would establish numeric nutrient criteria for 

Florida's flowing waters (including canals) and lakes. 

Comment ID 1800-1.001.001 

Author Name: Gong S. 

Organization: CH2M HILL 

CH2M HILL appreciates this opportunity to provide the U.S. Environmental Protection Agency (EPA) with the following 

comments regarding the draft Numeric Nutrient Criteria (NNC) released by EPA in January 2010 for lakes and inland 

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Chapter 2 - Comment Documents Background 

flowing waters within the State of Florida. Representatives of CH2M HILL have monitored the EPA's NNC development 

activities over the past two years, and have attended several of the public workshops held in February 2010 and April 

2010. Our clients within Florida include water and wastewater utilities, stormwater managers, and industrial and 

agricultural interests. How these members of the regulated community will be affected by the proposed NNC is an 

important concern for the firm and its clients. 

We share the interest expressed by a broad range of stakeholder representatives at the referenced public hearings in 

protecting the water quality and overall biological integrity of Florida's surface water bodies from degradation 

attributable to the accumulation of nutrients. 

Comment ID 1801-1.001.001 

Author Name: Green III K. 

Organization: St. Johns River Water Management District 

Attached are the comments of the St. Johns River Water Management District ("District'') submitted by email to owdocket@epa.gov on April 28, 2010, in response to the Environmental Protection Agency's proposed numeric nutrient 

water quality criteria published in the Federal Register on January 16, 2010. 

These comments are based upon the review and analysis of the following scientists employed by the District: Edgar 

Lowe, Ph. D., John Hendrickson, M. S., Joel Steward, M. S., Rob Mattson, M. S., Michael Coveney, Ph. D., Lawrence 

Battoe, Ph. D., Erich Marzolf, Ph. D., Rolland Fulton, Ph. D., and Lawrence Keenan, Ph. D. 

Please direct any questions regarding the District's comments to: Dr. Edgar Lowe at (386) 329-4398, 

elowe@sjrwmd.com. 

The District looks forward to working with EPA on the development of these important rules to protect the water quality 

of Florida's lakes and flowing waters. 

Comment ID 1801-1.001.002 

Author Name: Green III K. 

Organization: St. Johns River Water Management District 

Introduction 

This document provides the comments of the St. Johns River Water Management District to the Environmental 

Protection Agency (EPA) concerning the proposed numeric nutrient water quality criteria and associated regulations 

published in the Federal Register on January 26, 2010. EPA's docket identification number for these proposed rules is 

EPA-HQ-OW-2009-0596. 

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Background 

The St. Johns River Water Management District (District) is one of five regional water resource agencies that is 

authorized by Chapter 373 of the Florida Statutes to manage Florida's public water resource. Fla. Stat. §373.016 

(2009). The District's geographic jurisdiction encompasses all or part of eighteen counties in central Florida and 

northeast Florida. Fla. Stat. §373.069(3) (2009). The District's responsibilities include the protection of the water 

resources within its region by improving water quality, flood control, natural systems and water supply. Fla. Stat. 

Chapter 373 (2009). 

The District is responsible for implementation of the Surface Water Improvement and Management Act 

(SWIM)(Fla.Stat. §§373.451-373.459 (2009)) and the Lake Apopka Improvement and Management Act (Fla.Stat. 

§373.461 (2009)). In subsection 373.451(2) of the Florida Statutes, the Florida Legislature found that the water quality 

of many surface waters has been degraded and that the natural systems associated with many surface waters have 

been altered so that these surface waters no longer perform the important functions that they once performed. These 

functions include: "providing aesthetic and recreational pleasure for the people of the state;" and "providing habitat for 

native plants, fish and wildlife, including endangered and threatened species." These legislatively identified functions 

reflect the designated uses of Florida's Class III waters in Fla. Admin. Code 62-302.400(1). 

The Florida Legislature directed the District to develop and implement SWIM plans to improve water quality and restore 

these designated uses of the state's surface waters. In accordance with this directive, the District has developed and is 

implementing SWIM plans for the following priority surface waters: 

a. Lake Apopka 

b. Lower St. Johns River 

c. Middle St. Johns River, including lakes Jesup, 1 Monroe and Harney 

d. Upper St. Johns River, including lakes Poinsett, Washington, Hell'n Blazes, Sawgrass, Blue Cypress, Winder, and 

Puzzle 

e. Upper Ocklawaha Chain of Lakes, including lakes Yale, Griffin, Eustis, Harris, Dora, and Beauclair 

f. Orange Creek Basin, including lakes Orange, Lochloosa, and Newnans 

g. Northern Coastal Basin 

h. Indian River Lagoon 

The District has expended millions of dollars to conduct research into the causes and effects of surface water pollution 

to these waters and to develop and implement plans to improve and manage these surface waters. The District has 

developed pollution load reduction goals (PLRGs) for these waters to guide future restoration efforts. These PLRGS 

have been developed after substantial investment in scientific research to address the over abundance of nutrients and 

other specified pollutants in these surface waters. The Florida Department of Environmental Protection has utilized 

District PLRGs as the scientific basis for the development of Total Maximum Daily Loads for many of these surface 

waters. 

Comment ID 1803-1.001.001 

Author Name: Bowman J. 

Organization: Nature Conservancy 

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Chapter 2 - Comment Documents Background 

The Nature Conservancy (TNC) has worked for more than 40 years to ensure that rivers and waters in Florida are 

healthy for people, wildlife and natural habitats. Florida is a water rich state that has many regionally important water 

bodies as the Gulf of Mexico, Apalachicola, St. Johns, St. Marys, several national estuaries, and unique springs all of 

which support the state's annual 65 billion tourism industry and directly affect the quality of life for all Floridians. 

As clean, healthy sources of water decrease and competition for water to meet public and industrial needs will continue 

to increase, it will be imperative for Florida to manage its water resources even more cautiously. This is compounded 

even further as our coasts and rivers are expected to experience increased flooding and sea level rise from climate 

change impacts. Water quality and wastewater infrastructure improvements are therefore even more pressing to 

preserve Florida's biodiversity. 

TNC has successfully worked to fund and implement watershed scale projects that include acquiring critical 

conservation lands, habitat restoration, water quality improvement, and other conservation initiatives in freshwater and 

marine program areas such as the St. Marys River, Indian River Lagoon, Apalachicola, and the Florida Keys. 

Comment ID 1804-1.001.008 

Author Name: Gleckler D. 

Organization: Department of Public Works, City of Lakeland 

My hope is that the foregoing comments are helpful in developing a reasonable goal upon which to base an actionable 

and achievable plan. The City of Lakeland's Mission is to have a community working together to provide an exceptional 

quality of life. Environmental stewardship is as important as fiscal responsibility, growtli, and responsiveness to the 

Citizens needs. These comments are intended to achieve the balance necessary for a sustainable future. 

Comment ID 1805-3.001.001 

Author Name: Gallagher J. 

Organization: Pasco County 

INTRODUCTION 

The following provides comments on Federal Register Notice Volume 75, Number 16 filed under 40 CFR Part 131 

entitled "Water Quality Standards for the State of Florida's Lakes and Flowing Waters" (EPA, 2010a). The comments 

are structured based upon the specific sections outlined within the Federal Register Notice. A summary of key 

comments is provided below as well as key comments for each of the waterbody types found within Pasco County, 

including lakes, streams, and springs and clear streams. Detailed comments by section of the Federal Register Notice 

are then provided following the summary. Comments provided reflect review of the Federal Register Notice as listed 

above, as well as supporting documentation provided in a document entitled "Technical Support Document for U.S. 

EPA's Proposed Rule for Numeric Nutrient Criteria for Florida's Inland Surface Fresh Waters (TSD)" (EPA 2010b). 

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Chapter 2 - Comment Documents Background 

Comment ID 1810-1.001.001 

Author Name: Young L. 

Organization: Clean Water Network of Florida 

This letter contains the comments of the Clean Water Network of Florida and the additional organizations and 

individuals signed at the bottom of this letter, on the proposed Water Quality Standards for the State of Florida's Lakes 

and Flowing waters (Federal Register/Vol.75, No.16/ Tuesday, Jan. 26, 2010, pp. 4174-226). In drafting these 

comments, we were assisted by Professor Joann Burkholder who has reviewed the proposed standards at the request 

of the Mississippi River Collaborative. Dr. Burkholder's comments are attached. 

Comment ID 1811-1.001.001 

Author Name: Carpinone P. 

Organization: Tampa Electric Company 

Tampa Electric Company (TEC) has supplied the Tampa Bay Area with electricity for 110 years and covers a service 

area of over 2,000 square miles, with 667,000 customers, and 4,400 MW of electric generating capacity. TEC operates 

three power plants with permitted surface water discharges that will be directly affected by EPA's proposed adoption of 

numeric nutrient water quality criteria for the state of Florida. 

Comment ID 1811-1.001.003 

Author Name: Carpinone P. 

Organization: Tampa Electric Company 

TEC is an active member of the Tampa Bay Area environmental community and is directly involved in nutrient 

management efforts in the Tampa Bay watershed. We are in the process of completing our 10-year, $1.2 billion plan, 

signed in 1999 with the U.S. Environmental Protection Agency and the Florida Department of Environmental Protection, 

to reduce our air emissions. Among the plan's provisions are decreases in nitrogen oxide emissions across our 

generation fleet by 90 percent from 1998 levels. Essential to the 1O-year plan was the repowering of six coal-fired units 

to natural gas, significantly reducing air emissions, including nitrogen oxides (NOx), eliminating a major contribution of 

nutrient deposition on the bay and its watershed. To further reduce NOx emissions, TEC is currently installing selective 

catalytic reduction pollution control technology on all four coal-fired units at Big Bend Power Station, with an expected 

reduction of approximately 21.45 tons/year of nutrient addition to the Tampa Bay Estuary. 

Comment ID 1812-1.001.001 

Author Name: Stephens N. 

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Chapter 2 - Comment Documents Background 

Organization: Florida Minerals and Chemistry Council Association 

The Florida Minerals and Chemistry Council (FMCC) is a non-profit trade association for manufacturers with regulatory 

issues. FMCC wishes to endorse the comments of the Manufacturers Association of Florida submitted on April 28, 2010 

and appearing below. 

Comment ID 1813-1.001.001 

Author Name: Britt M. 

Organization: Natural Resources Division, City of Winter Haven 

Introduction: 

• The City of Winter Haven has 50 lakes within or touching the city limits. The City has two chains of lakes, the Southern 

and Northern Chain of Lakes. Today, 20 of these lakes are listed as impaired by the Florida Department of 

Environrnental Protection (FDEP). It is estimated that additional lakes in the City would be listed as impaired under new 

EPA rule and as new data is collected. 

• The City of Winter Haven, Polk County and the Southwest Florida Water Management District (SWFWMD) have 

completed 8 large scale (125-560 acre watershed areas) stormwater treatment projects for the Southern Chain of 

Lakes. This intense desire to protect water quality and the resulting benefits are of extreme interest to the cornmunity. 

Winter Haven is one of only a few cities in the country that adopted a stormwater utility primarily for the purposes of 

treating stormwater. 

• The City is currently in the process of developing two studies which will guide the future of water resources in Winter 

Haven. The Chain of Lakes Water Quality Management Plan will generate recommendations and projects to direct 

future water quality efforts for both the Northern and Southern Chains of Lakes. The Water Resource Sustainability Plan 

for the Peace Creek Watershed is evaluating historical hydrologic impacts, including water quality, supply, flooding and 

natural systems and recommending ways to restore the hydrology for multiple water resource benefits. We would like 

for these plans, with input from the public, regulatory agencies and stakeholders, to guide efforts for the future, not 

necessarily criteria which have limited considerations for the unique place in the watershed that we occupy. 

Comment ID 1814-1.001.001 

Author Name: Stephens N. 

Organization: Manufacturers Association of Florida 

The following comments are submitted on behalf of the Manufacturers Association of Florida (MAF). MAF is a state 

non-profit trade association comprised of manufacturers, regional manufacturing associations, and companies doing 

business with manufacturers. 

Comment ID 1830.001.001 

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Chapter 2 - Comment Documents Background 

Author Name: Blair S. 

Organization: Miami-Dade Department of Environmental Resources Management 

This correspondence constitutes both general and more detailed technical comments from the Miami-Dade Department 

of Environmental Resources Management (DERM) on the proposed amendments to 40 CFR Part 131, relating to Water 

Quality Standards for the State of Florida's Lakes and Flowing Waters, and the supporting information reports. DERM 

staff have focused their review on sections of the proposed rule and reports that address criteria that apply to South 

Florida canals. 

Comment ID 1830.001.007 

Author Name: Blair S. 

Organization: Miami-Dade Department of Environmental Resources Management 

Thank you for the opportunity to comment on the proposed criteria. Please see the additional detailed technical 

comments on the Federal Register Notice below. Comments are also attached in a MS-WORD document. 

Comment ID 1832-1.001.001 

Author Name: Steele W. 

Organization: Department of Public Services, City of Crestview 

The City of Crestview (City) owns and operates a 2.75 mgd wastewater treatment facility (WWTF). The effluent is land 

applied to a slow-rate land application site. We have recently completed the design of an expansion to the WWTF and a 

new rapid-rate infiltration basin (RIB) system to increase the effluent disposal capacity. Construction will begin in the 

third quarter of this year and is on a fast-track schedule. The City is also underway with a project to provide reclaimed 

water to golf courses and other residential and commercial customers throughout the City. 

The effluent from the existing and proposed land application systems enters the groundwater and ultimately reaches the 

surrounding surface waters. The hydrologic interaction between the two and the fate of any nutrients in the effluent are 

unknown. 

Comment ID 1832-1.001.004 

Author Name: Steele W. 

Organization: Department of Public Services, City of Crestview 

The surface waters in the vicinity of the existing and proposed effluent disposal sites are also influenced by upstream 

storm water runoff, septic tanks, and other sources of nutrients. It will be difficult, if not impossible, to isolate the cause 

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Chapter 2 - Comment Documents Background 

and effect between the WWTF effluent and nutrients in the surface waters. 

Comment ID 1833-1.001.002 

Author Name: Roff R. 

Organization: Save It Now, Glades 

Before moving here, I lived in New Jersey where I received my degree in Chemistry from Rutgers University and 

worked as an environmental analytical chemist for seven years. I then moved into advocacy work where I provided 

technical support for citizen suits under the Clean Water Act; lobbied for watershed protection from nutrient, pesticide 

and mercury pollution; and coordinated public participation for the NY/NJ Harbor Estuary Program. 

In Florida I worked for the Seminole Tribe of Florida Water Resource Management Department as a regulatory liaison 

and in educational outreach. I have always been in love with the Everglades, that historically oligatrophic ecosystem 

which has been choked by a combination of nutrient loving exotic vegetation and a canal system originally intended to 

make it safe and useful to economic interests. 

Comment ID 1834-1.001.001 

Author Name: Bronson C. 

Organization: Florida Department of Agriculture and Consumer Services 

This letter, and the enclosures thereto, provide the comments of the Florida Department of Agriculture and Consumer 

Services (FDACS) to the Environmental Protection Agency (EPA) on the January 26, 2010 Federal Register publication 

of Water Quality Standards for the State of Florida's Lakes and Flowing Waters; Proposed Rule. The enclosures 

include: 

Florida Department of Agriculture and Consumer Services' Preliminary Statement Concerning The U. S. Environmental 

Protection Agency's Proposed Water Quality Standards for the State of Florida's Lakes and Flowing Waters; 

Florida Department of Agriculture and Consumer Service (FDACS) Comments on Environmental Protection Agency 40 

CFR Part 131 [EPA-HQ-OW-2009-0596; 

FRL-9015-I] [RlN 2040-AFII] Water Quality Standards for the State of Florida's Lakes and Flowing Waters; 

Economic Impacts and Compliance Costs of Proposed EPA Water Quality Standards for the State of Florida's Lakes 

and Flowing Waters 40 CFR Part 131 EPA-HG-OW-2009-0596 

As Commissioner of Agriculture, under the Florida Constitution and related statutes, I am responsible for supervision of 

matters pertaining to agriculture. In Florida, FDACS and agricultural producers have a long-standing commitment, 

reOected in our state law and rule-based programs, to protect our waters by using scientifically and environmentally 

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Chapter 2 - Comment Documents Background 

sound nutrient management practices. In addition, given the significance of this issue to our state, FDACS has been 

closely involved in efforts by the Florida Department of Environmental Protection (FDEP) to develop numeric nutrient 

criteria. As a result of both of these experiences we are very familiar with the challenges posed by the significant gaps 

in knowledge about nutrient effects on aquatic systems that any entity, including EPA, must address in an attempt to 

develop scientifically credible numeric nutrienl criteria. 

Comment ID 1835-1.001.001 

Author Name: Nieto G. 

Organization: Rasco Klock Reininger Perez Esquenazi Vigil & Nieto on behalf of New Hope Sugar Company and Okeelanta 

Corporation 

On behalf of our clients, New Hope Sugar Company and Okeelanta Corporation (collectively, "New Hope") we submit 

the following comments on the January 26, 2010, proposed rule for Water Quality Standards for the State of Florida's 

Lakes and Flowing Waters, 40 CFR Part 131.43 (the "Nutrient Rule"). 

New Hope adopts and incorporates by reference the April 2010, Technical Comment Paper submitted by the 

Everglades Agricultural Area Environmental Protection District (EPD), as well as the "Joint Submittal" to the 

Administrative Record submitted by EPD, the Florida Sugar Cane League ("FSCL"), United States Sugar Corporation 

(USSC), New Hope Sugar Company and Okeelanta Corporation. [1] New Hope also incorporates by reference the 

comments of EPD, FSCL, USSC, the Florida Department of Agricultural and Consumer Services and the Florida 

Stormwater Association. New Hope reserves the right to challenge any finalized Nutrient Rule based on the objections 

raised in this letter and those incorporated by reference herein, as well as those raised by other interested parties. 

New Hope is directly and substantially affected by the proposed Nutrient Rule. New Hope farms over 180,000 acres in 

the Everglades Agricultural Area (EAA) and operates sugar mills, refineries and related agricultural facilities in the EAA. 

Over the past two decades, New Hope has been at the forefront of developing and implementing agricultural Best 

Management Practices (BMPs) to control nutrient impacts from farming. New Hope has a longstanding and well 

documented commitment to improving the environmental performance of its farming operations and conducting food 

production in an environmentally sensitive manner. 

In order to manage its farming operations, New Hope has obtained numerous regulatory permits that may be affected 

by the Nutrient Rule. New Hope also implements BMPs and other source control efforts on its agricultural lands in the 

EM that similarly may be affected. 

[1] The Joint Submittal Index is attached as Exhibit A to this letter. Please include this comment letter, EPD's Technical 

Comment Paper and the Joint Submittal as part of the Administrative Record for the Nutrient Rule. 

Comment ID 1836.001.003 

Author Name: Moore D. 

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Chapter 2 - Comment Documents Background 

Organization: Southwest Florida Water Management District 

The District recognizes and appreciates the significant amount of work required to craft USEPA's proposal. In fact, the 

District has been an active participant in efforts led by the Florida Department of Environmental Protection to establish 

numeric nutrient standards for Florida waters through the Total Maximum Daily Load (TMDL) program. Additionally, 

through District programs such as the Surface Water Improvement and Management (SWIM) Program, the District uses 

water quality and biological monitoring data to identify and characterize ecological problems in priority water bodies and 

related issues in the watershed, set water quality and pollutant load reduction goals, and develop watershed 

management priorities. For example, the District identified water quality issues and developed the Shell Creek and 

Prairie Creek Watersheds Management Plan, which USEPA endorsed as a reasonable and effective approach to 

improving water quality and reducing nutrient loads. 

Comment ID 1836.001.009 

Author Name: Moore D. 

Organization: Southwest Florida Water Management District 

The District looks forward to working with USEPA to ensure that the proposed water quality standards for Florida's lakes 

and flowing waters are appropriate and reflective of the extensive, site-specific, research done by the District, local 

governments and state agencies. 

Comment ID 1836.001.031 

Author Name: Moore D. 

Organization: Southwest Florida Water Management District 

C. Protection of Downstream Lakes and Estuaries 

SWFWMD supports and is committed to the establishment of protective criteria for lakes and estuaries, evidenced by 

cooperative efforts with area consortiums such as the Tampa Bay Nitrogen Management Consortium (NMC), the 

Sarasota Bay Estuary Program, and individual and cooperative efforts to create and implement Reasonable Assurance 

Plans for several bays and estuaries within SWFWMD. Furthermore, SWFWMD's Surface Water Improvement and 

Management Program has implemented 87 projects, representative of more than $27 million dollars collectively, the 

sole purpose of which is water quality protection and restoration. 

Comment ID 1838-1.001.001 

Author Name: Manson D. 

Organization: Manson Law Group, P.A., on behalf of City of Maitland 

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Chapter 2 - Comment Documents Background 

Our firm represents the City of Maitland in the proposed Environmental Protection Agency's ("EPA") adoption of the 

Numeric Nutrient Water Quality Criteria for Florida as published at Federal Register 40 CFR, Part 131, Water Quality 

Standards for the State of Florida, Lakes and Flowing Waters; Proposed Rule, at 75 Federal Register 4174 (January 

26, 2010). These comments are to augment the previously submitted written City of Maitland comments dated March 4, 

2010, submitted by Dr. Jeff Flowers, a councilman of the City of Maitland. In addition, verbal comments were given at 

the EPA workshops held on the proposed rules by Dr. Flowers. On behalf of the City of Maitland, we file these policy 

comments regarding the EPA Proposed Numeric Nutrient Criteria for Florida's Lakes and Flowing Waters, including 

canals, as set forth in 75 Federal Register 4174 (January 26,2010). 

Comment ID 1838-1.001.003 

Author Name: Manson D. 

Organization: Manson Law Group, P.A., on behalf of City of Maitland 

City of Maitland 

The City has a long history of environmental stewardship especially in engaging their citizens in the need to maintain 

and improve the quality and biodiversity of their lake system. Lakes are the dominant feature of the community. See 

Attachment 1, Map of the City of Maitland. Beginning in the early 1980s, a Lake Advisory Council ("LAC") was created 

to identify the needs for their lakes. It was during this period that the need to manage nutrient inputs and enrichment 

was initially identified. This early recognition and acknowledgement started the City on a program to control nutrients. 

Without this action, the long-term health of the City of Maitland's lakes would have been in danger of becoming 

impaired. In understanding that this concern required a long-term solution, necessitating the expenditure of significant 

public resources, the LAC was elevated in 1996 by City Council to become a Lake Advisory Board ("LAB") to ensure 

more visibility to the general public. 

Beginning in 1998, an aggressive program called the Stormwater Lakes Master Plan ("SLMP") was begun to correct the 

nutrient loading concerns. The SLMP became the vehicle to identify specific needs, develop corrective action and 

prioritize their implementation. Several citizen initiatives were also started at this time to educate and inform the City's 

citizens, including cost sharing efforts designed to connect direct citizen action toward effective solutions. To date, over 

$12 million in capital expenditures have been made to implement the SLMP projects. These projects began to address 

and correct the nutrient loading. Recognizing that additional funding was needed and that no outside sources of funding 

would be available; the City created an Environmental Stormwater Utility on September 8, 2008. The intent of the utility 

is to provide a sustainable and consistent funding program. Properties are assessed equitably based their relative 

imperious area. The stormwater utility's revenues supplement existing ad valorem tax revenue and ensure continuing 

financial support for the nutrient management program. The City's taxpayers have demonstrated, through their actions 

and deeds, a commitment to be good stewards of their lakes. 

The City has been a dedicated steward to its lakes and streams, understanding the unique historic, economic and 

cultural ties of environmental quality to the community. See attachments 2-8, State of Lakes Reports 1999, 2000, 2001, 

2002, 2003, 2004 and 2006-2009. Unlike the EPA propaganda photographs of Lake Apopka from 1995, before the 

substantial clean-up efforts by the St. Johns River Water Management District, showing it choked and in a hyper 

eutrophic state, most of the lakes in the City are healthy and provide high environmental function. Although everyone 

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Chapter 2 - Comment Documents Background 

can always do more for the environment, the City has dedicated significant resources and continues to provide for water 

quality improvement in the water bodies in its jurisdiction. 

Comment ID 1839-1.001.001 

Author Name: Cohen M. 

Organization: University of Florida, Florida International University and University of Georgia 

The letter serves as a formal public comment on the US EPA's proposed numeric nutrient criteria for springs and 

spring-fed rivers. We, the undersigned, are faculty, staff and students at the University of Florida, Florida International 

University, and University of Georgia, and are actively engaged in research on various aspects of spring ecosystems. 

Comment ID 1869-1.001.001 

Author Name: Fumero J. 

Organization: Rose, Sundstrom & Bentley on behalf of Bonita Springs Utilities, Inc. 

Bonita Springs Utilities ("BSU") hereby submits the following comments regarding the U.S. Environmental Protection 

Agency's ("EPA") Water Quality Standards for the State of Florida's Lakes and Flowing Waters, also known as Numeric 

Nutrient Criteria. The EPA has scheduled adoption of the Numeric Nutrient Criteria for October 2010. BSU appreciates 

the additional thirty (30) days that EPA has extended the comment period. 

First formed in 1970, BSU is a mid-sized member-owned, non-for-profit utility located in Southwest Florida with a 

franchise area of approximately 60 square miles. As a utility, BSU provides potable water and wastewater service to 

nearly 40,000 equivalent residential connections (ERCs). BSU is a IOO-percent re-use utility, which means that it does 

not discharge any treated wastewater effluent into water bodies. BSU has won numerous awards pertaining to its strong 

history of regulatory compliance, work place safety and employee training. Additionally, BSU was recognized by the 

Florida Department of Environmental Protection ("DEP") for assisting other utilities during the aftermath of the 2005 

hurricanes. 

All reclaimed water produced by BSU is not discharged by BSU directly into canals, lakes or streams. Instead, all 

reclaimed water produced by BSU is sold through an agreement with a private utility, Resource Conservation Systems, 

Inc. ("RCS"). RCS delivers the reclaimed water to its customers through its own distribution system for irrigation of golf 

courses and residential areas. To ensure that there are no discharges of unacceptable reclaimed water into the 

environment, BSU has a Class I industrial deep injection well which is permitted for a maximum disposal of 7.9 million 

gallons per day (mgd). 

Comment ID 1871.001.005 

Author Name: Lassiter K. 

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Chapter 2 - Comment Documents Background 

Organization: Coalition of Boynton West Residential Associations 

The Coalition of Boynton West Residential Associations is a not-for-profit civic organization of 89 residential 

Homeowners and Condo communities with over 100,000 people in unincorporated Palm Beach County. 

Please seriously consider our earnest plea. Thank you. 

Comment ID 1874.001.001 

Author Name: Roach D. 

Organization: Florida Inland Navigation District 

The Florida Inland Navigation District is the local sponsor for the Atlantic Intracoastal and Okeechobee Waterway 

Projects on the east coast of Florida. Our responsibilities as local sponsor include the provision of dredged material 

management areas for the proper management and recycling of dredged material from the routine maintenance 

dredging of the Waterways. We are in the process of developing these management areas to include 60 upland 

containment basins that will dewater this dredged material and return the clean effluent back to the Waterway where it 

came from. This investment will total $160 million of which $90 million has already been spent. 

Comment ID 1875.001.001 

Author Name: Barnett B. 

Organization: City Council, City of Naples 

On behalf of the City Council of Naples, Florida, I thank you for the opportunity to provide public comment regarding the 

U.S. Environmental Protection Agency's proposed Numeric Nutrient Criteria (NNC) for the State of Florida. The, Naples 

City Council and our citizens support better NNC regulations and we are -comr0itted to improving water quality and 

preserving the City's surrounding water bodies . 

Comment ID 1875.001.004 

Author Name: Barnett B. 

Organization: City Council, City of Naples 

Thank you for the ability to offer comments regarding the proposed Numeric Nutrient Criteria . We appreciate your 

consideration of the concerns raised in this letter as well as those provided by many of the other impacted stakeholders 

and Florida Regulatory Agencies. 

Comment ID 1877.001.001 

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Chapter 2 - Comment Documents Background 

Author Name: Gornicki P. 

Organization: Florida Forestry Association 

The Florida Forestry Association currently represents approximately 1600 members of Florida's forestry community, 

ranging from the owners of small tracts of forested lands to the largest producers of a full-range of forest products. All of 

our members depend on the continued ability to grow and harvest timber as part of an economically viable operation . 

The Florida Forestry Association's membership shares some serious concerns regarding your "nutrient" proposal for 

our state. A summary of our major issues follows: 

Comment ID 1878-1.001.001 

Author Name: Reese T. 

Organization: Attorney At Law et al. 

This letter contains the comments of the Alfred J. Davis, Cindy Davis, and Thomas W. Reese concerning EPA's 

proposed numeric nutrient standards for Florida's Lakes and Flowing waters (Federal Register/Vol.75, No.16/ Tuesday, 

Jan. 26, 2010, pp. 4174-226). 

Comment ID 1885.001.001 

Author Name: Connor T. 

Organization: Office of the Executive Director, Sarasota County 

Thank-you for this opportunity to comment on the proposed water quality standards for the State of Florida's lakes and 

flowing waters published by the United States Environmental Protection Agency (USEPA) in Volume 75, No. 16 of the 

Federal Register on January 26, 2010. Sarasota County Government has been committed to sustainable management 

of our land and water resources for decades. Therefore, we recognize and support the need for a watershed approach 

to establish nutrient criteria for our waterways. Sarasota County is part of the two National Estuary Programs, holds 

National Pollutant Discharge Elimination System permits for wastewater and stormwater facilities, and is a charter 

county within the state of Florida. USEPA's proposed standards will have significant impact on Sarasota County 

Government and our residents. 

Sarasota County is blessed with a rich and diverse set of ecosystems and waterways. Our residents enjoy productive 

estuaries and bay systems and the beautiful freshwater Myakka River, a Wild and Scenic River. To establish effective 

numeric nutrient standards, the science must reflect the diversity of our waterways and be reflective of the ecology of 

our waterways. We appreciate the significant amount of work that USEPA has put into the effort into this program. We 

offer our comments to help USEPA understand our local waterways. We have extensive experience working within our 

watersheds through multiple programs including partnership with the Southwest Florida Water Management District on 

the development of Water Quality Management Plans which will develop "Water Quality Levels of Service" or water 

quality targets for each of our baysheds. Since some of our bays cross geo-political boundaries we are working with the 

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Chapter 2 - Comment Documents Background 

Sarasota Bay Estuary Program and the Charlotte Harbor National Estuary Program to develop bay-wide targets . We 

developed a pollutant loading model called SIIVIPLE-Monthly that allows us to model pollutant loading from and to any 

geographic area. (See Technical Comments attachment for more detail concerning SIMPLEMonthly). Our goal is to 

manage the loading from the watershed to our receiving waters in order to provide protection of full aquatic life support 

and meet and sustain our designated uses. Sarasota County is a bay-centric community which fully recognizes not only 

the intrinsic value of our bays and waterbodies but their economic value to our tourism based economy. 

Further, Sarasota County taxpayers and citizens have freely invested in the restoration and/or protection of our land 

and water resources. In 2005 Sarasota County taxpayers passed a $200 million bond issue to purchase and protect 

environmentally endangered lands; in 2007 they passed a 1 penny sales tax to support infrastructure expenditures 

including about $25 million for water quality enhancement and sediment abatement projects. It is our intention to double 

this money allocated to water quality projects by seeking matching grants such as the two $1,000,000 319h grants we 

have recently received from FDEP/USEPA. These grants are being used to do stormwater retrofits of older areas of our 

community adjacent to our bays, and much of which was built prior to 1972 and the adoption of the Clean Water Act. 

We have used modern technology such as geographic information system mapping to help prioritize areas for 

stormwater retrofitting . For instance we performed an analysis using the Landscape Development Intensity Index (LDI) 

(Brown and Vivas 2005) . This is the same analysis which was also used by FDEP, and subsequently referenced by 

EPA, in their State of Florida Numeric Nutrient Criteria Development Plan to choose candidate benchmark sites . See 

figure 1 - LDI product below: 

Original comment letter contains additional information in Figure 1, the Roberts Bay Watershed Landscape 

Development Intensity Index. See original comment letter. 

We also mapped the age of development in Sarasota County in relation the advent of various environmental standards. 

Figure 2 (next page) is an example of this effort which again is used to identify areas built before current day 

stormwater treatment requirements and to help prioritize areas for stormwater retrofitting: 

Original comment letter contains additional information in Figure 2, the Roberts Bay Watershed average age of 

buildings. See original comment letter. 

The county continues to reduce the number of wastewater treatment plants, going from approximately 133 in 1988 to 33 

today. The wastewater flows have been consolidated into larger, more efficient county owned and operated wastewater 

plants . Additionally, thousands of old septic tanks have been abandoned and replaced with central sewer. Millions of 

dollars have been spent on regional stormwater treatment systems such as the Celery Fields project where the 

treatment wetlands have become an internationally known birding venue, with sightings of 206 species of birds to date. 

The City of Sarasota and Sarasota County have moved to reuse of reclaimed wastewater or deep well injection in an 

effort to reduce surface water discharges to our waterways. Sarasota County passed one of the first fertilizer 

management ordinances and developed the first Low Impact Development Manual in the State of Florida. All of these 

investments are paying off in improved water quality and the biological response indicators of ecosystem health are 

showing that our estuarine waters are not impaired for nutrients but rather are showing improving trends. 

Comment ID 1885.001.005 

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Chapter 2 - Comment Documents Background 

Author Name: Connor T. 

Organization: Office of the Executive Director, Sarasota County 

We appreciate the opportunity to provide comments on the numeric nutrient criteria proposed by EPA and look forward 

to working with you to finalize technically sound criteria to protect our vital water resources. We are attaching more 

detailed technical comments for your consideration, including comments by Dr. Anthony Janicki who has worked with 

us on water quality and nutrient loading targets for our watersheds and bays. 

Comment ID 1885.001.021 

Author Name: Connor T. 

Organization: Office of the Executive Director, Sarasota County 

1) Background 

Florida's surface water quality criteria for nutrients (nitrogen and phosphorus) are currently found in Chapter 62-302, F 

.A.C. The criteria are descriptive in nature, with no numeric standards . Florida Department of Environmental Protection 

(FDEP) has used these criteria, with other standards developed for the "Impaired Waters Rule" (IWR) (Chapter 62-303, 

F.A.C.), to identify surface water bodies not meeting their designated uses as listed in Chapter 62-302, F.A.C . Water 

bodies not meeting the standards are deemed "impaired" and are subject to the establishment of a Total Maximum 

Daily Load "TMDL" for pollutant loading reduction targets. Impaired and unimpaired water bodies are identified by a 

unique water body identification number, or WBID. 

In January 2009 US Environmental Protection Agency (EPA) determined that numeric nutrient water quality criteria 

were necessary to protect Florida's surface water bodies. EPA published proposed numeric nutrient criteria (NNC) on 

January 14, 2010 in 40 CFR Part 131, entitled: "Water Quality Standards for the State of Florida's Lakes and Flowing 

Waters. 

EPA's proposed NNC at this time address only freshwater systems, including lakes, streams, springs and clear 

streams, and south Florida Canals . EPA's NNCs for estuaries will be proposed at a later date. Therefore, only 

freshwater systems, as defined by the FDEP IWR listing, are addressed herein. Also, FDEP set TMDLs for mercury 

(fish tissue) and fecal coliform bacteria. EPA has no proposed criteria for these parameters so they are not discussed 

here. 

The purpose of this document it to compare the potential affect that the adoption of the EPA's NNC would have on local 

governments, specifically how would the list of impaired waters developed through the IWR criteria change if the EPA 

proposed NNC were adopted. The following identifies the jurisdiction of interest, briefly summarizes existing FDEP 

nutrient criteria and proposed EPA NNC, and presents lists of waters that are currently identified as impaired and those 

water bodies that would be impaired based on EPA's NNC. 

Comment ID 1885.001.022 

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Chapter 2 - Comment Documents Background 

Author Name: Connor T. 

Organization: Office of the Executive Director, Sarasota County 

2) Jurisdiction 

The local government of interest is Sarasota County, located in west-central Florida on the coast of the Gulf of Mexico. 

There are several coastal streams within its boundary, including Phillippi Creek, Cow Pen Slough, and others. The 

county's largest freshwater feature is the Myakka River which flows through the center of the county with its tributaries 

Big Slough, Deer Prairie Slough and others. The river also includes two in-line lakes, Upper and Lower Myakka Lakes . 

The coastal areas of the county are highly urbanized but the eastern county has much more open land. 

Coastal water bodies include Sarasota, Little Sarasota, Roberts North, Dona and Roberts, and Lemon Bays, but these 

estuaries, as well as the coastal streams, are not addressed in this document, as EPA has not proposed NNC for salt 

water bodies. 

WBIDs within the County are all in the Group 3 Sarasota Bay and Peace and Myakka Rivers Basin . Planning units 

within the basin in the County included Sarasota Bay, Lower Myakka River, Upper Myakka River, and Lower Peace 

River 

Comment ID 1888-1.001.001 

Author Name: Manson D. 

Organization: Manson Law Group, P.A. on behalf of the Wiregrass Ranch Inc. 

Our firm represents Wiregrass Ranch, Inc. ("Wiregrass") related to water issues on their properties. Wiregrass is an 

agricultural, ranching and development enterprise that owns properties in Pasco County, Florida. Wiregrass has been 

farming and ranching the same location in the headwaters of Trout Creek, a tributary to the Hillsborough River, for over 

50 years. They currently have citrus and cattle ranching including hey production as uses on their property. In addition, 

portions of their property have been placed into commercial and residential development land uses. 

Comment ID 1892-1.001.006 

Author Name: Manson D. 

Organization: Manson Law Group, P.A. on behalf of the Peace River Manasota Regional Water Supply Authority 

Peace River Manasota Regional Water Supply Authority � 

The Authority is a Regional Water Supply Authority created and existing pursuant to Sections 373.196, 373.196(2) and 

163.01, Florida Statutes. Its Board of Directors are representatives from Manatee County, Charlotte County, DeSoto 

County and Sarasota County. The Authority was created for the purpose of developing, storing and supplying water for 

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Chapter 2 - Comment Documents Background 

county and municipal purposes. The Authority and its members provide drinking water to over 900,000 citizens in the 

four county area. The Authority is responsible for meeting the needs of water supply for its members. � 

The Authority is located in the Southwest Florida Water Management District ("District") within an area of the District 

that has been established as the Southern Water Use Caution Area ("SWUCA"). The SWUCA is a region of southwest 

Florida where the District has concluded that water resources and the groundwater aquifers are fully allocated and that 

new demands will have to be met through water conservation, increase use of reclaimed water and alternative water 

supply sources. 

Comment ID 1892-1.001.008 

Author Name: Manson D. 

Organization: Manson Law Group, P.A. on behalf of the Peace River Manasota Regional Water Supply Authority 

The Authority in order to provide water to its members and customers, must analyze the 20 year demand projections of 

its customers. These demand calculations include the implementation of increase reuse by its members to offset 

drinking water demand. Reclaimed water is becoming an ever more important component in offsetting the use of 

groundwater pumpage in the Southern Water Use Caution Area and all of Florida. 

Comment ID 1894.001.002 

Author Name: Fields G. 

Organization: City of Lakeland 

The City of Lakeland provides wastewater services for its residences employing a complex treatment system that 

includes reuse, treatment wetlands, treatment ponds (that were originally created as part of phosphate mining 

operations) in addition to conventional wastewater treatment. The City also maintains a municipal separate stormwater 

system (MS4) under the authority of a state-issued NPDES permit. Additionally, the City operates an electric power 

generating facility that uses treated wastewater from the City's domestic wastewater operations for cooling purposes. 

The City strives to maintain a high level of environmental stewardship while providing dependable and affordable utility 

services to its citizens. 

As part of that effort, the City is a member of the Tampa Bay Estuary Program Nitrogen Management Consortium. The 

Consortium membership includes goverrunent entities including cities and counties regulated under stormwater 

discharge permits in addition to a broad array of industries that discharge treated wastewater to surface waters 

consistent with the terms and conditions of individual discharge permits issued under Florida's EPA-approved NPDES 

program. This diverse collection of interests has come together in a cooperative effort to control nitrogen discharges to 

Tampa Bay by collectively meeting conservative nitrogen load caps imposed through a 1998 EPA TMDL. 

The Nitrogen Management Consortium has been very successful. Tampa Bay is consistently meeting protective 

chlorophyll-a targets and sea grasses have expanded to reach levels of coverage not seen since the 1950s. Tampa 

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Chapter 2 - Comment Documents Background 

Bay, through the efforts of the Consortium, in conjunction with State caps on nutrient discharges to the bay from 

domestic wastewater sources, is meeting its designated uses. The vast majority of the bay is indeed fishable and 

swimmable supporting lush sea grass meadows and robust populations of game and bait fish. Existing total nitrogen 

and total phosphorus loads are indeed protective of the bay. 

In a recent effort by the Consortium to reallocate TN loads among the parties, the City participated in negotiations that 

resulted in the City agreeing to a reduced TN allocation in its NPDES permit for discharges to the North Prong of the 

Alafia River. The City is also working cooperatively with the Florida Department of Environmental Protection (FDEP) 

and other stakeholders to identify the source of reduced dissolved concentrations in the North Prong of the Alafia River. 

FDEP had originally suggested that low DO concentrations were linked to nutrient loading to the river. An analysis of 

available water quality data revealed no statistically significant relationship between nutrients (total phosphorus or total 

nitrogen) and DO concentrations in the North Prong of the Alafia. 

The City engaged outside consultants to evaluate its discharges into the Alafia to assure that the City would not be 

affected by an effort to have a portion of the Alafia River reclassified from Class III (fishable-swimmable) to Class I 

(potable water supply). Tampa Bay Water is seeking to reclassify a stretch of the river downstream from the confluence 

of the North and South Prongs of the Alafia as a means to protect one of its primary sources of raw water treated for 

drinking water purposes. The consultants' report confirmed that permitted discharges from the City would not affect the 

reclassification effort nor should the City's operations be affected by the reclassification. 

Comment ID 1895-1.001.005 

Author Name: Bachmann R. 

Organization: University of Florida Lake Watch 

Note 

The following two draft manuscripts are a part of this comment. We have also mailed to the Docket a CD with an Excel 

file with our lake data set, a list of references to Florida limnology, and a CBI folder with PDF files of most of the 

references we used in the draft manuscripts. 

Comment ID 1899.001.001 

Author Name: Haley J. 

Organization: Lake Worth Drainage District 

On behalf of Lake Worth Drainage District we are submitting comments on the United States Environmental Protection 

Agency (EPA) document Water Quality Standards for the State for Florida s Lakes and Flown" Waters The Board of 

Supervisors of Lake Worth Drainage District recognizes how important clean water is to the public for personal, 

recreational, and business use as well as for sustaining aquatic ecosystems. 

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Chapter 2 - Comment Documents Background 

The Board of Supervisors of Lake Worth Drainage District also recognizes its fiscal responsibility to the community by 

striving to provide the highest quality service for the most reasonable cost. 

Lake Worth Drainage District (LWDD) is a special taxing district of the State of Florida established in 1915 to provide 

drainage and agricultural irrigation to southeast Palm Beach County and to promote the development of the area for 

residential and agricultural interests. To accomplish this a lattice system of canals was dug so the adjacent lands could 

be drained providing flood control which enabled land development. Currently, LWDD encompasses 220 square miles 

of southeast Palm Beach County, has approximately 475 miles of canals and provides service to an estimated 600,000 

residents. 

Comment ID 1900.001.002 

Author Name: Gulbinsky E. 

Organization: Association of Environmental Authorities of New Jersey 

The Association of Environmental Authorities of New Jersey ("AEA"), on behalf of its many members, submits these 

comments on the Environmental Protection Agency's ("EPA") proposed Water Quality Standards for the State of 

Florida's Lakes and Flowing Waters Notice of Proposed Rulemaking ("NPRM"), published in the Federal Register on 

January 26, 2010 (75 Fed. Reg. 4174). 

By way of background, AEA is a nonprofit association of publicly owned facilities providing environmental services to 

the people of the State of New Jersey. The mission of AEA is to assist its members, who treat wastewater, handle solid 

waste, and supply the public with clean water, in pursuit of their common goal to protect and enhance public health and 

the natural environment. AEA's members currently adhere to New Jersey's nutrient standards. These standards, which 

are specifically tailored to the regional particularities of New Jersey, recognize that phosphorus is the limiting nutrient of 

concern in New Jersey waters and, consequently, do not impose restrictions on nitrogen. Moreover, New Jersey's 

standards limit phosphorus based on a causal demonstration between excessive plant growth and/or fluctuations in 

dissolved oxygen or pH caused by excessive plant growth. New Jersey's standards were approved by EPA and have a 

longstanding reputation of satisfactorily protecting New Jersey's waters. 

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Chapter 2 - Comment Documents Background 

Comment ID 1919-1.001.001 

Author Name: Standridge K. 

Organization: Earthjustice on behalf of Florida Wildlife Federation et al. 

I. INTRODUCTION 

This letter and its attachments contain the comments of Earthjustice on behalf of Florida Wildlife Federation, St. Johns 

Riverkeeper, Sierra Club, Conservancy of Southwest Florida and Environmental Confederation of Southwest Florida on 

the proposed Water Quality Standards for the State of Florida's Lakes and Flowing Waters. 75 Fed. Reg. 4174-4226. 

Earthjustice represented these organizations in the lawsuit that resulted in the Consent Decree which required the 

proposal and finalization of this rule. 

Comment ID 1919-1.001.017 

Author Name: Standridge K. 

Organization: Earthjustice on behalf of Florida Wildlife Federation et al. 

III. COMMENTS REGARDING SECTION III B (DEVELOPMENT OF RIVERS AND STREAMS CRITERIA 

Dr. William R. Wise is separately submitting comments on behalf of Earthjustice and its clients. The following is a 

summary of Dr. Wise's comments and the findings of a two part Earthjustice study that is attached to his comments. 

Comment ID 1920-1.001.001 

Author Name: Wise W. 

Organization: University of Florida on behalf of Earthjustice 

COMMENTS OF DR. WILLIAM R. WISE 

1. I am Dr. William R. Wise. I was a professor in the Department of Civil Engineering at Auburn University from 

September 1990 through August 1995 and have held a position as an Associate Professor in the Department of 

Environmental Engineering Sciences at the University of Florida since 1995. 

2. I have an M.S.E and Ph.D in Civil Engineering from the Department of Civil Engineering at The University of Texas at 

Austin and a B.A. in Chemical Physics and Environmental Science. I am a hydrologist with a specialty in Environmental 

Hydrology. My professional experience has involved many facets of hydrologic and water quality studies, including the 

collection and analysis of field data, modeling, and interpretation of results. I have worked with Florida freshwater 

systems ranging from nearly pristine to highly impacted. Engineers are also responsible for making economic decisions 

in all phases of their work, and I teach economics to my engineering students at the University of Florida. My curriculum 

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Chapter 2 - Comment Documents Background 

vitae is attached as Exhibit A. 

Original comment letter contains additional information in Exhibit A, Dr. William Wise's curriculum vitae. See original 

comment letter. 

3. Previously, I have served as an expert witness in federal and state matters. One of the cases in which I served as an 

expert involved nutrient pollution of Lake Okeechobee; another case involved nutrient pollution of Wakulla Springs. In 

both cases I was served as an expert on the environmental and economic impacts of nutrient pollution. 

4. I routinely use and rely on publicly available publications, reports, and research produced by federal and state 

governmental agencies, including USEPA and the Florida Department of Environmental Protection, and publications of 

research institutes at the University of Florida. 

5. I have extensively reviewed data sets from both the Florida Department of Environmental Protection and the USEPA, 

that were and are available as sources to establish numeric nutrient criteria. 

Comment ID 1921.001.001 

Author Name: Monroe M. 

Organization: Fellsmere Farms 

Please consider this letter as Fellsmere Farms' comments to EPA's proposed water quality standards for the state of 

Florida, Docket ID No. EPA-HQ-OW-2009-0596. 

Fellsmere Farms is located on the east coast of Florida in Indian River County within the City limits of Fellsmere. We 

are growers, packers, and shippers of world renowned Indian River grapefruit. Our company also grows oranges and 

raises cattle on our 18,500+ acres. In addition, we have tenants that grow watercress, sod and assorted upland crops. 

Our location at the headwaters of the St. Johns River has made us keenly aware of the importance and value of healthy 

water bodies. This river system not only supplies water to our farm operation but also to various users as it meanders 

up the state; eventually going to tide in Jacksonville. 

Fellsmere Farms has been in agricultural use for almost 100 years. Initially Fellsmere Farms comprised over 118,000 

acres. Over the last century much of that land has been modified to provide an ecological value to the Upper St. Johns 

River Basin. Fellsmere Farms has been providing jobs in the agricultural, operations, engineering, and finance and 

service sectors almost as long as it has been in operation. We most certainly want to keep our waters healthy and have 

been implementing BMP's for many years. 

As growers we face many challenges brought on by numerous fronts . We have exotic diseases and pests that are 

continually taxing our resolve and resources . We have competition from foreigncountries that do not have the same 

regulations . On a level playing field, the American farmer is second to none in stewardship, quality and innovation. 

When the playing field is not level, the American farmer suffers. 

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Chapter 2 - Comment Documents Background 

Comment ID 1921.001.003 

Author Name: Monroe M. 

Organization: Fellsmere Farms 

We have been enrolled in the FDACS Citrus BMP program since its inception in 2000. We have a site specific NRCS 

irrigation plan that we have adopted . We have existing water quality sampling measures that are mandated through our 

CUP with St. Johns River Water Management. Through the years, we have utilized NRCS cost-share money to retrofit 

culverts to cut down on sediment release and also to fine tune some of our agricultural and irrigation practices . Our 

sprayers and two purchased fertilizer rigs ($32,000 each) automatically shut off for dead trees, skips, and tree row 

ends. We manage ditch banks and swales to greatly reduce sediment release in the water. 

Comment ID 1923.001.009 

Author Name: Knight R. 

Organization: City of Winter Park 

We thank you for your attention to our concerns and look forward to working with you on this important issue. If we can 

be of further assistance or if you have any questions regarding this comment letter, please contact Mr. Timothy J. Egan, 

City of Winter Park Environmental Resource Manager, Phone: (407) 599-3599 email: tegan@cityofwinterpark.org 

Comment ID 1927.001.001 

Author Name: Todd, Jr. K. 

Organization: Palm Beach County 

On behalf of Palm Beach County, Florida, I am submitting additional comments on the U.S. EPA (EPA) document 

Water Quality Standards for the State of Florida's Lakes and Flowing Waters . I had earlier submitted comments in a 

letter dated April 8, 2010. With this letter I would like to provide EPA with some data that was alluded to in that earlier 

letter. 

Comment ID 1946.001.001 

Author Name: Sheppard M. 

Organization: 

Part I 

My summary of my comments on the evening of April 14, 2010 are the fact that Manatee County government has heard 

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Chapter 2 - Comment Documents Background 

from the public that standard septic tanks meeting the requirements of the FL Dept of Health in a frequently flooded 

flood plain needs higher protection for the Manatee River than regular requirements offer. Years ago the previous 

Manatee County Commission voted for higher protection and asked that a workshop be held. After the workshop The 

public h eard that the Commission decided not to make stronger requirements than the state's. 

Yesterday the current Commission let a standard repaired septic tank be used for a future recreational use upstream 

from the site above. Did the Commission put in stiputlations to upgrade if the use of the tank became heavy? The 

majority of the Planning Commission just took the word of the applicant that meeting the requirements of the Health 

Department would protect the water downstream in the Manatee River. 

Comment ID 1946.001.005 

Author Name: Sheppard M. 

Organization: 

Comments made at the gathering came from many different people with different backgrounds. 

Many believed that the golf courses and landscaping by Lakewood Ranch were bigger problems than the average 

homeowner which the Sarasota Fertilizer Ordinance covers. 

Some had suffered in their opinion from having to import sod to put on top of their septic system. That a long with 

closing down fish cleaning facilities near boat ramps appeared to them to hurt the fishermen/women and did not help 

wildlife. 

One person commented that developers were known to have dug their "lakes" deep enough and kept them filled with 

ground water from wells. The concern seemed to be that this was not what a "retention pond" was supposed to be and 

that when the 100 year/500 year storm comes where will the water go. 

Comment ID 2018-1.001.004 

Author Name: McLean J. 

Organization: City of Tampa 

The City respectfully requests that the USEPA consider the City's comments, as well as those ofthe previously identified 

entities, and revise its proposed water quality standards to reflect the submitted comments. The City will continue to 

participate, and to work together with the USEPA, to ensure that water quality standards are proposed, adopted and 

implemented that are appropriate and reflective ofthe extensive site-specific research accomplished by the TBEP, the 

NMC, the SWFWMD, and other local governments and state agencies. 

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Comment ID 2018-6.001.001 

Author Name: McLean J. 

Organization: City of Tampa 

EXPERT DECLARATION OF DR. ANTHONY JANICKI
 

My name is Dr. Anthony Janicki, and I state and declare as follows:
 

1. This declaration made based upon my own personal knowledge and my review of proposed water quality standards 

for the State of Florida's lakes and flowing waters published by the United States Environmental Protection Agency 

(USEPA) in Volume 75, No. 16 of the Federal Register on January 26,2010. 

2. This declaration is provided to assist the USEPA and I confirm that I have not entered into any arrangement where 

the amount or payment of my fees is in any way dependent upon the outcome of this action. 

3. I have not, without forming an independent opinion, included or excluded anything which has been suggested to me 

by others. 

4. I am currently the President of Janicki Environmental, Inc. an environmental consulting firm located in S1. 

Petersburg, Florida. A summary of my qualifications is attached as Exhibit 1. 

5. I received my Ph.D. in Biology from West Virginia University in 1980. I received my M.S. in Biology from the West 

Virginia University in 1976 after receiving my B.S. in General Science from Gannon University in 1973. 

6. I have served as an expert directly related to issues involving nutrients and their impacts upon freshwater and 

estuarine surface waters in Florida. I have been qualified as an expert in legal proceedings in Florida on a number of 

occasions. 

7. I have participated in many Florida Department of Environmental Protection meetings and reviewed countless 

technical documents relevant to the State's efforts to develop numeric nutrient criteria. The State's efforts were 

accelerated after EPA released its January 14, 2009 letter declaring numeric criteria necessary for Florida waters. 

8. I have attended 4 of the 6 public meetings held by USEPA in Florida. 

9. I am familiar with, and could testify to, the scientific theories and methodologies that have been applied or are under 

development by investigators attempting to set nutrient endpoints for nitrogen and phosphorus for purposes of deriving 

TMDLs and numeric nutrient criteria. 

10. For the purposes of this declaration, I obtained the proposed USEPA rule and the accompanying Technical Support 

Document. I also obtained a number of documents regarding the SPARROW model. 

Comment ID 2030-1.001.006 

Author Name: Long A. 

Organization: 

I will supply the data to support my claims in written form & on CD - Thank you Voluntary programs have lots of 

Backpatting [strikeout: by]but [strikeout: few results] little data to support success. 

Comment ID 2030-1.001.008 

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Author Name: Long A. 

Organization: 

In live in [strikeout: the] near the Suwannee River [strikeout: Watershed] in the Manatee Spring shed. Many home wells 

in my own neighborhood have dangerously high levels of nutrient pollution. Four wells regularly exceed the safe 

drinking water standard for nitrate nitrogen. No one even worns you when you move into the neighborhood. 

Comment ID 2030.001.001 

Author Name: Long A. 

Organization: 

Enclosed please find supporting documentation for the information I provided at the Jacksonville Clarion Air port 

hearing on April 15th around 4:00 pm. Mr. King asked if I would provide supporting documentation for my statement so 

here it is. I spoke about springs on the Suwannee River that were so contaminated with nitrates that the EPA Safe 

Drinking Water Standard had been exceeded in seven springs. In this packet, I have also provided permits from the 

Florida Department of Environmental Protection allowing CAFO animal operations to expand in the water sheds of 

springs that have already been significantly impaired. Some of the water test data was collected by myself and taken 

to an accredited lab in Gainesville Florida for testing. For other tests, I used a "mail away" water test as they were more 

affordable. As I said in my statement on the 15th , if additional data has been collected by either the FDEP or the 

Suwannee River Water Management District, it was not made available to me. For my own edification sampled some of 

these springs myself. 

Comment ID 2045-1.001.007 

Author Name: Tonsmeire D. 

Organization: Apalachicola Riverkeeper 

Finally, we endorse the efforts of the Florida Wildlife Federation, Clean Water Network of Florida, Earthjustice, St. 

Johns Riverkeeper, and others who have worked tirelessly to improve the regulation and enforcement of nutrient water 

quality standards in the State of Florida. 

Thank you for the opportunity to comment and consideration of our concerns. 

Comment ID 2233-1.001.002 

Author Name: Kovach C. 

Organization: CF Industries 

11/19/2010 02:48 PM EST 2-1418
 
Chapter 2 - Comment Documents Background 

I. CF Industries, Inc. 

CF is a global leader in fertilizer manufacturing and distribution, the second largest nitrogen fertilizer producer in the 

world and the third largest phosphate fertilizer producer among public companies. CF's operations in the Bone Valley 

Region of Florida are an integral component of Florida's modem phosphate industry. The Florida legislature has 

recognized the importance of phosphate operations to the State declaring that: "[t]he extraction of phosphate is 

important to the continued economic well-being of the state and to the needs of society." See generally, Fla. Stat. § 

378.202(1). CF strives to maintain its operations in an environmentally sensitive manner. Environmental stewardship is 

an integral element of CF's operations as evident from its longstanding participation in the Tampa Bay Estuary 

Program, the Tampa Bay Nitrogen Management Consortium, and the Charlotte Harbor National Estuary Program. 

Comment ID 2233-1.001.004 

Author Name: Kovach C. 

Organization: CF Industries 

I. General Comments Applicable to the Proposed Rule as a Whole 

CF maintains a proactive and professional relationship with the state and federal regulatory agencies that oversee its 

operations and from which the company must seek permit approvals. Consequently, CF does not take this opportunity 

to provide comments to EPA lightly nor as an opportunity to criticize the individuals whose charge it was to perform a 

Herculean task in a minute period of time and under court order. That being said, CF must be candid in its assessment 

of the rule and how it came about if its comments are to be useful. 

These comments accompany a review of the rule provided by Craig Kovach, P.G., Director of Environmental Affairs for 

CF's Phosphate Operations . CF has also submitted a detailed technical critique of the proposed rule prepared by water 

quality expert Dr. Eldon "Don" Blancher of Sustainable Ecosystem Restoration, L. L. C. Additionally, CF is a member of 

The Fertilizer Institute (TFI). The TFI has submitted comments on behalf of its members. 

This letter is accompanied by a compact disc (CD) with electronic copies of the documents submitted in support the 

comments provided herein . The CD includes Appendix A, which includes twenty-six documents referenced below; 

Appendix B, which includes documents relevant to the discussion of an early FOIA request as discussed herein ; and, 

Appendix C, which is the transcript of the April 7, 2010 meeting of Florida's Numeric Nutrient Criteria Technical Advisory 

Committee. All documents on the enclosed CD are incorporated herein by reference and are intended to be part the 

official record under Docket ID No.: EPA-HO-OW-2009-0596. 

Comment ID 2233-1.001.060 

Author Name: Kovach C. 

Organization: CF Industries 

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Chapter 2 - Comment Documents Background 

Introduction 

On January 26, 2010, the United State Environmental Protection Agency (USEPA) published proposed numeric nutrient 

criteria for flowing waters of the State of Florida including lakes, streams and springs. These comments are in response 

to USEPA's request for public comment to Docket # EPA-HQ-OW-2009-0596. These comments represent the opinions 

of Sustainable Ecosystem Restoration, LLC (SER) on the proposed rule. SER's Statement of Qualifications is provided 

for reference in Appendix A. 

Comment ID 2372-1.001.002 

Author Name: Farber D. 

Organization: Patton Boggs LLP on behalf of James Hardie Building Products, Inc. 

I. By Imposing Strict Standards on the Plant City POTW, the Proposed Rule will Negatively Affect Hardie's 

Manufacturing Facility in Plant City, Florida. 

James Hardie Building Products, Inc. ("Hardie") develops and manufactures fibercement siding products. Hardie's 

products are used primarily in commercial and residential building projects, and include lap sidings, vertical sidings, 

shingles, panels, and ceramic tile backer boards. Hardie has manufacturing facility in Plant City, Florida, where the 

company employs 110 full-time employees. Most of these jobs are well-paying, skilled domestic manufacturing jobs. In 

addition, Hardie receives the majority of its raw materials domestically, including sand and cement which are supplied in 

the State of Florida. 

Hardie discharges industrial process wastewater from its facility to the Plant City Water Reclamation Facility, which is a 

publicly owned treatment works. Wastewater flowing into the facility is treated by several processes, polished in 

hyacinth pools, and then filtered and chlorinated for public-access reuse. The portion of the effluent that is not reused is 

discharged into the Class III waters of the East Canal. The East Canal empties into Itchepackesassa creek, Blackwater 

Creek, the Hillsborough River, and then into Tampa Bay. Plant City's existing NPDES permit (FL0026557) includes a 

Total Nitrogen (TN) limit of 3.0 (annual average), and a Total Phosphorous (TP) limit of 1.0 (annual average). Plant City 

is also a member of the Nitrogen Management Consortium, a Tampa Bay Estuary Program partnership, which limits 

Plant City's poundage for TN to 10.5 tons/year (5-year average). According to recent testimony from Plant City's 

Operations Manager, Plant City recently completed a $53 million dollar construction project to improve their wastewater 

treatment facility. See U.S. EPA Public Hearing on Proposed Water Quality Standards for the State of Florida, 

Transcript at 112 (Feb. 17, 2010). 

Comment ID 2373-1.001.005 

Author Name: Milowe H. 

Organization: San Marco Homeowners Association 

The San Marco Homeowners Association is a not-for-profit organization of 192 residential homes in Palm Beach 

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Chapter 2 - Comment Documents Background 

County. 

Please seriously consider our earnest plea. Thank you. 

Comment ID 2374-1.001.001 

Author Name: Hollander R. 

Organization: The Western Coalition of Arid States 

The Western Coalition of Arid States (WESTCAS) appreciates the opportunity to comment on Water Quality Standards 

for the State of Florida's Lakes and Flowing Rivers Notice of Proposed Rulemaking, published by the Environmental 

Protection Agency (EPA) in the Federal Register on January 26, 2010 (75 Fed. Reg. 4174). WESTCAS is a coalition of 

approximately 125 water and wastewater districts, cities, towns, and professional organizations focused on water 

quality and water quantity issues in the States of Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, 

and Texas. Our mission is to work with Federal, State, and Regional water quality and quantity agencies to promote 

scientifically-sound laws, regulations, appropriations, and policies that protect public health and the environment in the 

arid West. WESTCAS member entities own and operate facilities located on or near waters of the United States, all of 

which are subject to water quality standards and NPDES permit requirements. WESTCAS has a direct interest in the 

arena of water quality standards for nutrients and approaches to ensuring that water quality standards are appropriate 

to waters in our areas of interest. 

Comment ID 2381.001.003 

Author Name: Beever L. 

Organization: Charlotte Harbor National Estuary Program 

We look forward to working with you and your staff on this important issue. If the CHNEP can be of further assistance, 

or if you have any questions regarding the above information, please contact me at the CHNEP office a (239) 338-2556 

x 235 or via e-mail at lbeevergswfipc.org. 

Comment ID 2387.001.002 

Author Name: Fried R. 

Organization: 

In our area, consider- that we have allowed deep dirt mines bordering Myrtle Creek, which feeds directly into lower 

Shell Creek and the Peace River and Charlotte Harbor estuary is a good example. In planning for 2050 this year, our 

county's experts were shot down trying to get creek buffer zones expanded. Private owners pressured the commission 

to even want to reduce the existing Swifmud standards. Even S WFTMD looses sight of its water obligations when it 

OK's a 40 acre 50' deep pond under the guise of creating a grove's better irrigation conservation, but it is actually 

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Chapter 2 - Comment Documents Background 

overkill deep into the surficial aquifer and in reality permits a profitable dirt mine. 

Also, I live on Shell Creek where SWFTMD does what should be labeled as an overtreatment of chemical foliage killers 

well upstream of the reservoir when there is not an aquatic foliage problem here. We have no Hyacinths on the creek 

and the little bit of bank-contained Water Lettuce is hard to find. While doing this from their airboat, they also spray 2' up 

the bank, killing waterline wake-blocking foliage and thus adding to bank erosion and putting more unnecessary 

chemicals in the drinking water supply . By-the way- we do not have My enforcement of the "Minimum Wake on this 

Creek" signage, even tho it traverses well up into the Shell Creek preserve. 

As a private citizen, I obtained a grant from the Charlotte Harbor National Estuary Program and as part of my Florida 

Master Naturalist Program Course had watershed signs made and posted on the launch ramps, bridges, and roads on 

Shell & Prairie Creeks, advising that this is Punta Gorda's drinking water supply. Local Government didn't respond to 

my original requests to do this. 

Also, after last summer's rains I reported an area in the creek of pea-soup algae blooms, which the Punta Gorda Water 

Dept. then came up and treated with copper sulfate., The creek is bordered by groves and pastures so there was no 

question in my mind that unrestrained runoff was the cause. 

Comment ID 2389.001.001 

Author Name: B. (No surname provided) S. 

Organization: 

I have lived in Lee County for 35 years and have watched as red tide has increased in frequency and duration, canals 

and rivers have at times turned green, and the Ding Darling National Wildlife Refuge was covered with dense green 

mats of algae for the first time on record. 

Comment ID 2389.001.003 

Author Name: B. (No surname provided) S. 

Organization: 

I own and operate a wholesale nursery in Lee County, and while I'm not a fertilizer expert I have considerable 

experience with fertilizer. Fertilizers are often applied at the wrong time and in excessive amounts. I believe all 

commercial fertilizer users must implement smart fertilizer practices which include retention and controlling runoff, 

testing of soils to determine actual needs of the crops, and applying fertilizers only in the amount needed by the plant 

and only to the root zone of the plant. Also I think it's very important to use slow release fertilizers so that all of the 

fertilizer doesn't release at once in a heavy rain event. 

I recently looked at lawn fertilizer bags in a big box store and confirmed that lawn fertilizers still contain water soluble 

urea as the primary nitrogen source. Depending upon the brand, 85-96% of the nitrogen was in the water soluble urea 

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Chapter 2 - Comment Documents Background 

form. With one big rain event most of that nitrogen runs off into ditches, wetlands, lakes, creeks, and rivers. We know 

that excess nutrients from all sources cause massive algal blooms which can deplete the water of oxygen and smother 

aquatic vegetation. Some algae produce toxins which are not just a serious threat for human health but plants and 

animals have to live, and often die, in it. Is this what we want to leave future generations? I believe we have a 

responsibility to clean it up. 

We should require all fertilizers to be slow release and improve and expand the State's Best Management Practices to 

educate everyone about how to eliminate most of the nutrient runoff. Trees, shrubs, and most lawns don't need fertilizer 

once established. Lawns should be minimal in size if needed at all. Good cultural practices can reduce or eliminate the 

need for fertilizers and pesticides. Weed prone places in yards are usually caused by high soil pH. This usually happens 

when the subsoil is brought to the surface. Instead of using more and more fertilizer and weed killers to attempt to fix 

the problem, usually [strikeout: unsatisfactorily] with unsatisfactory results, people can adjust the soil pH. Research and 

education along with strong standards are essential for cleaning up the water. 

Comment ID 2395.001.001 

Author Name: Hauck A. 

Organization: Council of Civic Associations 

I am the co-founder of the Council of Civic Associations, a not-for-profit organization registered with the State of Florida 

since 1996. Our goal is to make government at all levels accountable for enforcing the laws for which they are 

responsible for the benefit of all citizens and not just specific special interest groups. 

Comment ID 2395.001.003 

Author Name: Hauck A. 

Organization: Council of Civic Associations 

Looking at recent history, the Everglades are an example of the utter breakdown of implementation of the Clean Water 

Act in Florida. 

The Miccosukee Tribe of Indians has attempted to obtain clean water for the Everglades, which is its traditional 

homeland. Their water quality standards include a 10 ppb numeric criterion for phosphorus, which, was approved by the 

EPA in 1999, as protective of the Everglades and scientifically defensible . Unfortunately, the Tribe has had to file 

numerous administrative actions and permit challenges in federal court to force the State of Florida, the SFWMD, the 

FDEP and EPA to protect their interests through compliance with the Clean Water Act. The EPA has sided with the 

State on these challenges even on appeal. In each of these cases the judge has ruled in favor of the Tribe. 

The following are some of Judge Alan J. Gold's quotes: 

". . .the Florida Legislature. .violated its fundamental commitment and promise to protect the Everglades. " [2] 

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Chapter 2 - Comment Documents Background 

--Turning a "blind eye', the U.S. Environmental Protection Agency concluded that there was no change in water quality 

standards." [2] 

- ". ..any further delay through endless, undirected rounds of remands to EPA TO DO ITS DUTY WHICH IT 

STEADFASTLY HAS REFUSED TO Do, is, alone insufficient and that it is imperative that this Court exercise its 

equitable power to avoid environmental iniury to the Everglades through . ..BLANKET EXEMPTIONS. [93] (Emphasis 

added) 

** "The `effect' of the Amended EFA [Everglades Forever Act] is to replace the. . . phosphorus criterion with an escape 

clause that allows non-compliance. .." [46] 

. . .the Amended [Everglades Forever Act changes Florida water quality standards by authorizing continuing violations. . 

." [58] 

** ". . .the Rule . . .is layered with `avoidance mechanisms' ..." [62] 

** "The EFA has condoned . . .a de facto moratorium on compliance.. ." [76] 

A numeric phosphorus criterion for the Everglades was established over a decade ago and yet the Everglades still 

receives an excess of 100 tons of phosphorus per year (based on EPA's own studies). 

EPA Region 4 water managers have repeatedly refused to make the State of Florida incorporate enforceable discharge 

limits into the National Pollutant Discharge Elimination System permits for stormwater treatment areas. EPA's track 

record is that they will "work with the Stakeholders to ease the implement impacts" which is code for essentially never 

requiring compliance/postponing compliance while the water resources continue to significantly deteriorate. In fact, 

Federal Judge Gold will be holding hearings in April to consider holding the EPA in "Contempt of Court" for their 

repeated failure(s) to protect the Everglades. 

If EPA will not protect the Everglades with its already established numeric phosphorus criterion, why should we expect 

anything different? 

IN A MEMORANDUM, dated JULY 2, 2009 EPA ADMINISTRATOR LISA JACKSON STATES: 

-- Clean and safe water is a priority for this Administration. The American public has a right to expect their water will be 

clean and EPA has an obligation to use its resources and authorities to the fullest to ensure this result. Too many of our 

streams, lakes and rivers do not meet our water quality standards." 

--"We are also falling short of this Administration's expectations for the effectiveness of our clean water enforcement 

programs. 

--The first step is to improve transparency. Americans have a right to know how their government is doing in enforcing 

laws to protect the Nation's waters and government has an obligation to clearly inform the public about water quality 

and our actions to protect it. An informed public is our best ally in pressing for better compliance. 

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Chapter 2 - Comment Documents Background 

In a letter dated March 17, 2010, from Peter Silva, EPA Asst. Administrator for Water to Mike Sole he writes: 

"First, the Agency has decided to delay finalizing promulgation of the "downstream protection value," or DPVs with 

respect to downstream estuary protection and to address this issue in the 2011 estuary and coastal rulemaking. The 

downstream protection values are specific stream concentrations that were proposed to assure the maintenance and 

protection of water quality standards in downstream estuaries. . ..The Agency is now committed to fold this aspect of 

establishing protective water quality criteria into the 2011 rulemaking. . . .Any Downstream protection values that EPA 

proposes in January 2011 will also be subject to review and public comment as part of that rulemaking process." 

"Second, EPA will seek additional third party review of the scientific basis for water Quality standards to protect 

downstream estuarine and coastal waters. We commit to consult with FDEP on the scope of third party review and will 

announce in early April the specific plans for that review." 

Comment ID 2395.001.009 

Author Name: Hauck A. 

Organization: Council of Civic Associations 

The CCA HAS SPENT CONSIDERABLE ENERGY TRYING TO WORK THROUGH THE SYSTEM FOR CHANGE. TO 

THAT END, THE CCA has sent reports with support documents regarding the enforcement of existing laws to Senator 

Barbara Boxer, Chair, U.S . Senate Environmental and Public Works Committee, Representative Nick Rahall, Chair of 

the House Committee on Natural Resources, EPA Administrator Lisa Jackson, Mr. Bill Roderick, Deputy Inspector 

General of the Office of the Inspector General and the Council on Environmental Quality, the President's environmental 

arm. We have received no response from either committee chairs or agencies WHO HOLD POSITIONS OF 

AUTHORITY . . . WHO COULD ACT BUT WHO APPEAR TO NOT BE TRULY INTERESTED IN PROTECTING OUR 

FEDERALLY PROTECTED RESOURCES IN FLORIDA. I submit copies of these reports for the record and copies of 

the documents upon request. 

Comment ID 2407.001.002 

Author Name: Brandt K. 

Organization: 

Furthermore, I have personal knowledge of how harmful such unregulated and unnecessary all these tons and tons of 

nitrogen and phosphorus fertilizers are having on our precious waters having grown up in Florida in the 1950s 

graduating from the University of Florida in 1962. I remember Rainbow Springs from the 1960s as being exceptionally 

clear and as pristine as it could be. Now after a recent visit, I was dismayed to find how much algae was visible on the 

eel and tape grass as well as how much less clear with suspended particulates visible in the spring run. I understand 

from a technical report I read that the nitrogen levels in the spring flows have increased 20 times in the the last 40 

years! This is simply unacceptable and inexcusable. 

11/19/2010 02:48 PM EST 2-1425
 
Chapter 2 - Comment Documents Background 

Comment ID 2429-1.001.001 

Author Name: Arvanitas P. 

Organization: 

Thank you sirs for the opportunity to be heard today at this hearing about Florida's most valuable resource: Clean 

water. In 2006, I posted a filing on docket 2002-68, 1-5 acres oil and gas drilling permitting. A lively discussion with a 

NOAA Scientist ensued, since my filing was a revue of the EPA 2000 filing. It dealt with biodegradation, 

bioaccumulation and toxicity of synthetic based fluids of oil and gas drilling of mammals , plants and fish. Apparently, 

even in the EPA, there was consternation about the Halliburton Accolade drilling fluid created for BP's Thunderbird 

deep water drilling. 

Since then, I have been the proud repository of five years of the Florida DEP Sunshine Law records requests. And as it 

is unknown to the common man here, I wish to discuss some of the shocking discoveries I learned from reading all the 

work product documents of Florida DEP from 2005-2009. The email account was for Director Castille, Deputy-Director 

Mike Sole, Governor Jeb Bush, Corp of Engineers, and South Florida Water Management District Director Carol Wehle 

. It concerned some of the litigation and court challenges for the Florida's compliance with the EPA's Clean Water Act 

and other pollution records. 

I wish to narrow my comments to three subjects today: water reservoirs, Florida's 2009 50-year permitting change for 

Big Industry, and the supposed veracity of the database DEP uses to store pollution data for the EPA-namely Storet. 

Comment ID 2429-1.001.003 

Author Name: Arvanitas P. 

Organization: 

But we must feel the magnificence of EPA employee Richard Harvey's words to the Florida DEP, that ultimately ended 

up with Jerry Brooks and Director Mike Sole's comments. This email is dated August 3, 2005. I will paraphrase some of 

the finer comments of EPA employee Richard Harvey: 

"I've come across a very serious issue that needs to be brought to your attention and addressed soon. It is a very real 

possibility that...reservoirs that are proposed for construction may end up being incubators for developing dense 

blooms of potentially toxic cyan bacteria (blue-green algae) with some very serious public health and ecosystem 

consequences. I've drafted a paper discussing this issue..." 

"I've had discussions with three very respected PHD's who are all Lake Okeechobee project managers for the Water 

Management District and who share this concern." 

"We all recognize how desperately the system needs to be able to store water-But we don't need to be creating 

11/19/2010 02:48 PM EST 2-1426
 
Chapter 2 - Comment Documents Background 

systems of toxic ooze..." 

" I very much hope my concerns are wrong-but we don't need to be building reservoirs for restoration-only to do what 

we always seem to do down there-which is make things worse-and provide a story line for (Miami Herald reporter) Carol 

Hiassen, and we certainly don't need to be endangering public health." (Exhibit A- Acceler8 Everglades' critical concern 

email dated Aug 3, 2005) 

We have spent close to $1 BILLION dollars for reservoirs that are now in violation of the Clean water Act. Who takes 

responsibility for this vulgar cover-up and a waste of taxpayers' dollars? 

Comment ID 2429-1.001.005 

Author Name: Arvanitas P. 

Organization: 

Storet EPA database 

Probably the most serious concern is a little known lawsuit from a 20-year veteran DEP lab technician. Tom White in a 

wrongful termination calls into question the that the EPA's pollution database-Storet , was not secure and could be 

manipulated and altered. This EPA database the DEP uses for the data storage of TMDL program is part of the $50 

MILLION in grants that Florida DEP received from the EPA. I have attached as exhibits the DEP and Tom White lawsuit 

filings to demonstrate the serious nature of this problem. 

Tom white is 2006, told his employers and Kevin Neal, Director over the St Lucie area labs that "phosphorus was off the 

charts" and that the lab had to dilute the samples to get the pollution recording to show on the tests. (Exhibit D-DEP 

Tom White response to DEP charges 2007) also (Exhibit E-DEP Tom White response to Commission on Human 

Relations May 2007) 

Of course, DEP emails show a concern about the TMDL's in St Lucie for several months before his termination. I also 

submit an internal DEP document showing the timeline for promulgating "new" rules for the TMDL program. Notice the 

termination of Tom White is the same time as the DEP's rules-ignoring the "pollution being off the charts near Lake 

Okeechobee. Tom White was tied up in Florida' Human Relations Board beyond the State mandated 90 days, for over a 

year. And his release (?) came after any appeal could be made with evidence why Florida DEP's new(er) water rules 

would not be effective. (Exhibit F-Timeline DEP-EPA moderating water provisions) 

And a lucky co-incidence that the eastern side of Lake Okeechobee spills into the St Lucie area, the same area Tom 

White told his supervisor that "phosphorus was off the charts".There are many GOP friendly industrial users that have 

permits on or near that waterway who's permits were expiring. What a lucky break for Big Industry and Senator 

Alexander and Charlie Crist's friends! 

According to the 1992 Consent Decree, there are provision for excluding data tested for pollution and removing it 

without a change or modification for a force majeure or faulty data. Imagine that! I am sure the DEP does not have 5 

years of data from the St Lucie area near Lake Okeechobee. They're still working on it! 

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Chapter 2 - Comment Documents Background 

Conclusion 

Our whole water storage program is on edge, and it looks like reservoirs might have been suggested to divert the 

multiple Consent Decree, DOI, EPA and Dexter’s Indians’ lawsuits coming at the previous Governor and DEP for 

enforcement. 

So that water storage reservoirs breeding algae are on hold, we also have permitting changes gaming the system for 

Big Industrial users. Our Governor and State Congress have no greater love for the business community first. EPA will 

need a big stick in Florida. 

And I hope the Tom White whistleblower lawsuit will at least get a review concerning the veracity of TMDL information 

put into the federal database for compliance. Once again, I thank you for listening. 

Response 

Comment IDs: All 

Response: Comments included in this BACKGROUND issue category pertain to supplementary/introductory information provided 

by commenters (via written submissions, in addition to public hearings) regarding personal or organizational background 

information. These comments do not provide information, criticism, or suggestions pertaining to any elements contained in EPA's 

proposed rule. Consequently, they are not considered to be substantive or significant comments on the proposed rule itself and 

therefore do not require responses. 

11/19/2010 02:48 PM EST 2-1428
 
Chapter 2 - Comment Documents Scope 

SCOPE - SCOPE 

Comment ID 0183-1.001.001 

Author Name: Smarr L. 

Organization: Gwinnett County Department of Water Resources 

Comment was submitted to the incorrect docket ID and is out of scope of this rulemaking. 

Comment ID 0184-2.001.001 

Author Name: Muench G. 

Organization: 

Original comment letter contains additional information as an attachment. Commenter developed a graph displaying 

declining crab harvest over time. See original comment letter. 

Comment ID 0189.001.002 

Author Name: Cifer L. 

Organization: 

MEDICARE FOR ALL! MEDICARE FOR ALL! MEDICARE FOR ALL! MEDICARE FOR ALL! 

MEDICARE FOR ALL! MEDICARE FOR ALL! MEDICARE FOR ALL! MEDICARE FOR ALL! 

MEDICARE FOR ALL! MEDICARE FOR ALL! MEDICARE FOR ALL! MEDICARE FOR ALL! 

MEDICARE FOR ALL! MEDICARE FOR ALL! MEDICARE FOR ALL! MEDICARE FOR ALL! 

MEDICARE FOR ALL! MEDICARE FOR ALL! MEDICARE FOR ALL! MEDICARE FOR ALL! 

MEDICARE FOR ALL! MEDICARE FOR ALL! MEDICARE FOR ALL! MEDICARE FOR ALL! 

MEDICARE FOR ALL! MEDICARE FOR ALL! MEDICARE FOR ALL! MEDICARE FOR ALL! 

MEDICARE FOR ALL! MEDICARE FOR ALL! MEDICARE FOR ALL! MEDICARE FOR ALL! 

MEDICARE FOR ALL! MEDICARE FOR ALL! 

Comment ID 0855.001.004 

Author Name: White S. 

Organization: 

On top of that, I think you all know where Lion Country Safari is, out west on Southern Boulevard, if you're not sure. FPL 

built a 3,800 megawatt plant there. They are about to put up unit three. I have been in the thick of that since the first 

11/19/2010 02:48 PM EST 2-1429
 
Chapter 2 - Comment Documents Scope 

hearing started a few years ago. And it really calls me that here we are worrying about clean water when they are 

destroying what we have right there. 3,800 megawatts. 11 stacks are coming, one is going. And the filth coming from 

that now is putting into my home dirt that was never there before, and it's only one stack. 

Comment ID 0969.001.002 

Author Name: Schofield J. 

Organization: 

Climate warming causes sea levels to rise and the water that makes up the Everglades are being encroached upon by 

salt water, which reeks havoc on the ecosystem. Solution: The Army Corp of Engineers has implemented a 

controversial 30-year, $10.9 billion program to restore the wetlands, but most agree the real solution is to buy more and 

more of the surrounding land to protect the park. 

Comment ID 1050.001.004 

Author Name: Cooper J. 

Organization: 

We know it's going to affect the sustainability of our harbor. Our Peace River watershed and the Myakka River 

watershed for the next 30 years in the mining side of it, then there's another 20 to 25 years in the reclamation side of it. 

So that's more than a 50-year impact from phosphate. So I strongly urge you to work with the EPA -- you are the EPA, 

excuse me -- to work with the Army Corps of Engineers to require them to enforce the Clean Water Act and require an 

area EIS on phosphate strip mining right away, a regional area of impact study, which is what Commissioner Judah 

talked about, too. 

Comment ID 1055.001.002 

Author Name: Cowdright B. 

Organization: 

In addition to the trees being killed off, it also provided an opportunity for these invasive plants to come in. In our Tatum 

Sawgrass Marsh, which is a big significant piece of our property, and a large area that even Manatee County today is 

considering making a reservoir out of, we have -- water hyacinth has grown in there, and it's about taken over most of 

the area. So in addition to the trees dying off and the old habitats going, there's these new habitats and these new 

invasive plants that have caused significant impact to us. 

Comment ID 1065.001.005 

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Chapter 2 - Comment Documents Scope 

Author Name: Meyers Ms. 

Organization: 

MR. KING: I'll make you a deal. I'll give my card, and you call me or send me an e-mail and I'll give you the answer. I'm
 

not -­

MS. MEYERS: Okay. Okay.
 

MR. KING: -- allowed to give you answers right today because this is -- but just -­

MS. MEYERS: Just a forum.
 

MR. KING: Yeah. But go ahead. You can send me an e-mail, and I'll tell you how many standards we have and be
 

happy to tell you what I can.
 

MS. MEYERS: I would appreciate that. Thank you.
 

Comment ID 1066.001.008 

Author Name: Grigsby W. 

Organization: 

MR. KING: Thank you. 

MR. GRIGSBY: -- a copy of our -­

MR. KING: Yes, yes. 

MR. GRIGSBY: This is our revised -­

MR. KING: Yes, yeah. I appreciate it. Good -­

good -­

MR. GRIGSBY: -- our latest revision. 

Comment ID 1073.001.002 

Author Name: Jackow D. 

Organization: Concerned Citizens of Bayshore 

Add to this list mercury contamination, the dumping of wastewater treatment plant excess, which also contains 

pharmaceuticals and other unknown chemicals, make the fish in the river and the Gulf of Mexico unfit to eat. If we don't 

solve this serious problem, fishing is just going to become a catch and release. It's not going to become anything more 

than a sport. You're not going to be able to eat the fish because it will be a detriment to your health. 

Trace levels of pesticides are lethal to zooplankton, which form the base of the aquatic food chain. The water in the 

creeks in the Northern Everglades, where I live in a floodplain, needs to be cleaned before being released into the river. 

Cleaning out these creeks without grasses left to filter out the pollutants further pollute our waterway. 

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Comment ID 1089.001.002 

Author Name: Giles G. 

Organization: 

We need an environmental impact area-wide survey, and it must have be conducted before any more mining permits 

are considered. Site-specific studies should not be applied to mining as past, present, and future of all mining activity is 

interrelated. Thank you. 

Comment ID 1151.001.003 

Author Name: McElwain A. 

Organization: 

And it reminds me of another statistic, which is in 1977, there were three full-time Elvis impersonators. By 2007, there 

were almost 50,000. And at that rate of growth, by the end of the century, every American will be an Elvis impersonator. 

Comment ID 1257.001.005 

Author Name: Campbell T. 

Organization: Florida Strawberry Growers Association 

Thank you for hearing us today.
 

MR. KING: Mr. Campbell.
 

MR. CAMPBELL: Yes, sir.
 

MR. KING: Quick question. What is the specific activity, what is the specific activity on a strawberry farm that it's your
 

understanding would be covered? How do these criteria, how would they be applied to what particular activity at a
 

strawberry farm?
 

MR. CAMPBELL: Our concern is more the overall costs to the entire state that trickles down to every resident and every
 

taxpayer here to do cleanup costs.
 

I think our crop is probably exemplary in terms of all the other crops in Florida, but we are very concerned about overall
 

agriculture in Florida.
 

MR. KING: If you submit comments, it would help us to understand -­

MR. CAMPBELL: All right.
 

MR. KING: -- what is the particular practice that you believe will be covered and -­

MR. CAMPBELL: I'll include that in our written comments.
 

Comment ID 1279.001.005 

Author Name: Sawyer W. 

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Organization: HydroMentia, Inc. 

The Chesapeake Bay was mentioned. I think one of the problems with the Chesapeake Bay is the technology they 

chose, not the fact that they spent all that money. We're part of the Chesapeake algae project, which is a consortium of 

ourselves and William and Mary and VIMS and the Smithsonian Institution that is really working on their problems. And 

when you look at the Mississippi River, we estimate that if we put 600,000 acres of the Algal Turf Scrubber up and 

down that basin we can remove 40 percent of the phosphorus, which is your goal, and we could reduce enough algae 

to create 2 billion gallons of biofuel per year. 

Comment ID 1304-1.001.056 

Author Name: Stewart J. 

Organization: Florida Pulp and Paper Association Environmental Affairs, Inc. 

Sustainability Analysis 

As a basis for the comparative carbon emissions estimates, existing compilations of greenhouse gas data, including the 

"greenhouse gas protocol" developed by the World Resources Institute, EPA E-Grid, and the NCASI "Calculation Tools 

for Estimating Greenhouse Gas Emissions from Pulp and Paper Mills", v.1.1 July 8, 2005 were used. CO2 emission 

estimate methodology is based on the methods discussed in the NCASI document. Where several different calculation 

methodologies are possible, preferred methods were selected with emphasis upon methodology currently used by the 

USEPA. 

Operations in the design case upgrade scenario that generate carbon emissions include power generation to produce 

the electricity, transportation emissions due to rail and truck transport of treatment plant chemicals, truck emissions 

from off-site sludge disposal operations, and landfill emissions from dewatered sludge. 

Based on AEI carbon footprint studies for comparable plant upgrades (Tyrian and Fiss, 2008), these changes would 

generate approximately 570 tons CO2-e/yr additional per MGD design flow. For all the mills involved, this would 

contribute approximately 94,000 T CO2-e/yr of incremental emissions. 

Comment ID 1352-1.001.031 

Author Name: Herr M. 

Organization: Polk County 

As these contributions above discussed sources of nitrogen and phosphorus are not related to stormwater discharges, 

we request that EPA assist in quantifying these loads and that they be removed from the Waste Load Allocation of any 

TMDL's developed for impaired water bodies. 

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Comment ID 1528.001.002 

Author Name: Bean B. 

Organization: 

Thank you for helping to save these executives why saving the Western Gray Whale important. 

Thank you for considering my comments. I look forward to your swift action to ensure a complete ban on whaling in 

Iceland. 

Sincerely, 

Thank you for your consideration of this issue. 

Thank you for considering my views on this issue. I look forward to your reply. 

Sincerely,Thank you for considering my views on this issue. I look forward to your reply. 

Yours truly, Thank you for considering my comments.Thank you for taking my concerns into 

consideration.Sincerely,Thank you for considering my comments. P.S. I Love Wildlife love Brandon M Bean. Thank you 

for receiving my comments. Sincerely, Brandon M Bean 2019 Los Feliz dr Apt 8 Thousand Oaks CA 91362-3030 

Brandonmbean@yahoo.com I love 8stops7 They Rock. http://www.myspace.com/8stops7  Thank you for 

considering and conveying my message to your government. Sincerely, Brandon M Bean 805.657.7565 I love 8stops7 

They Rock. http://www.myspace.com/8stops7 

Comment ID 1774.001.013 

Author Name: Payne J. 

Organization: Farmland Reserve, Inc. doing business as Deseret Ranches of Florida 

At Deseret Ranches we have many of the conditions favorable to the production of naturally occurring coliform bacteria 

and therefore we believe that an automatic determination of impairment based on high coliform counts is inappropriate 

for surface water bodies. We have an abundance of warm blooded wildlife and livestock as well as muck soils and 

forestry activities on the Ranch that can contribute to high coliform bacteria counts in the surface water. The abundant 

wildlife on the Ranch include deer, raccoons, wild hogs, armadillos, squirrels, rabbits and many species of birds and 

water fowl. 

Comment ID 1912.001.001 

Author Name: Reading H. 

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Organization: 

You jerks need to start representing the PUBLIC interest, not kowtowing to corporations. Your agency is packed with 

rethugnican from the Bush years and it's time for to start cleaning house ... transfers to undesirable locations, firings of 

political appointees, etc. 

Comment ID 1913.001.003 

Author Name: Kamener K. 

Organization: 

P.S. Excerpt from pages 17 & 18 of attached just below. {my letter is below} I find South Florida Water Management 

Districts permitting process to be heavily flawed. How can they make such a mistake with their expertise? Someone 

desperately needs to oversee them. Had this not been petitioned for administrative hearing what would the 

consequences have been? 

Considering that the current surface water management system under The District Permit contains several 

interdependent control structures and conveyances throughout all three properties, The BRC Permit should not be 

considered in isolation. Even if we assume that the proposed permitting actions under Permits 08-00004-S-03 (Lee 

County), 08-00004-S-04 (State of Florida) and 08-00004-S-05 (The BRC Permit entities) are determined to be valid by 

a DOAH Judge, it is not clear what permit conditions would apply to each permittee. This result would create a 

compliance and liability quagmire for all parties involved, including the SFWMD. 

In light of the above concerns, we believe litigating the proposed issuance of 

The BRC Permit prior to resolving the ownership and permitting responsibilities discussed above is, to say the least, 

premature. For all the reasons noted herein, the pending BRC Permit simply fails to meet the operating entity 

requirements and other requirements under the SFWMD's Rules and renders the proceeding on the issuance 

of The BRC Permit somewhat moot. 

Comment ID 2379.001.002 

Author Name: Alexander J. 

Organization: We Can Take It! 

Now task this agency to think about looking seriously at a public sector - shovel ready program that should be reestablished the United State Civilian Conservation Corps (CCC) as a way to clean-up private and public lands of 

pollution and help restore our environment here in Florida as well as nation wide and even world wide under the United 

Nations. 

The CCC put out unemployed military aged single men veterans, and Native Americans to work and gain employment 

doing needed work on shovel ready, green collar job training. Our unemployment is over 10% and worse for our military 

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aged adults... you have many shovel ready projects on hold and why not voice your need to have this program to help 

our environment. This would create model citizens who for the first time ever and since worked to conserve our natural 

resources and become our first real conservationist and environmentalist. 

This administration should re-establish this program and the EPA could play an important role in creating public work 

projects for younger adults and our returning veterans and provide our military with a practical and peaceful mission on 

our own soil and waterways. 

Please look at my website and ordinance petition. Feel free to suggest to our President and Congress to reactivate the 

program U.S. Civilian Conservation Corps for jobs and to preserve our environment. 

-www.wecantakeit.org 

-card enclosedComment ID 2382-1.001.001 

Author Name: Worthington R. 

Organization: City of Gulfport 

Thank you for the opportunity to comment. Please forward a copy of this response to each member of The Energy and 

Environmental Committee. 

WATER MANAGEMENT DISTRICTS (WMD) Gulfport concurs with election of WMD boards of directors to address 

citizen concern with lack of accountability at all levels of these well funded, virtually autonomous entities. The State 

Senate Committee on Environmental Preservation and Conservation expressed frustration with district-unique 

accounting procedures for public monies to include use of Florida Forever Funds. The committee expressed concern 

with redundant property acquisition departments (one for each WMD). Concern with WMD ability to initiate, modify or 

extend projects, to improve property, to declare it surplus and to sell or trade land acquired with tax dollars raised the 

question of whether the WMD mission is water management or real estate. At present there is no agency accountability 

or penalty for project delay, cost overrun, or failure. 

- Gulfport urges the Florida League of Cities (FLC) to call for standardized accounting practices for WMD.
 

- We recommend FLC call for establishment of a single, consolidated property acquisition entity, or transfer of
 

acquisition authority from WMD to the State of Florida.
 

-We recommend FLC call for clear definition of WMD project objectives, an end time for each project, full public
 

disclosure throughout and penalties for delay, cost overrun or failure.
 

-We recommend FLC call for consistent WMD policies on public access to public waters and land entrusted to the
 

authority of WMD.
 

-We recommend FLC call for an end to WMD authority to sell or trade public lands without Senate approval.
 

FLDEP RECLASSIFICATION OF FLORIDA WATERS 

We have concern with blanket support of this proposal. 

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- While this could be a positive action, it provides opportunity to lower water standards to benefit development, 

agriculture and mining to the detriment of wildlife and public health. 

- We do not believe sufficient study, analysis and discussion has occurred to move forward on this. 

Comment ID 2382-1.001.003 

Author Name: Worthington R. 

Organization: City of Gulfport 

TOTAL MAXIMUM DAILY LOAD (TMDL)
 

FLC support of this proposal entails risk to public health and to all species dependent upon Florida waters and
 

wetlands.
 

-TMDL based upon currently "best available valid data" do not address failure of WMD and FLDEP to aggressively
 

develop procedures to establish an historical baseline for toxins, pollutants, salinity and stormwater sediments in the
 

309 Outstanding (impaired) Florida Waters in the years since implementation of MS4 and NPDES mandates which
 

stem from the Federal Clean Water Act of 1972. The rush to proclaim TMDL based upon shorthistory and little credible
 

science is essentially a "best guess" in order to meet an arbitrary deadline. The result will establish a start point which
 

discounts the history of each affected body of water and likely result in lower standards.
 

- Any discussion of water quality which fails to specifically address sediment standards lacks credibility. The amount, 

content, depth, rate of accumulation and means of removal and disposal of acutely toxic storm water sediments, 

particularly for combined effects of specific toxins and levels, has not been adopted as a standard in Florida. The 

results, combined with inadequate and yet to be established TMDL, is that permitees with full knowledge of FLDEP and 

WMD, are free to interpret their Florida stormwater permit as a license to pollute. FLDEP adoption, physical monitoring 

and enforcement of sediment standards must become high priorities for Florida. 

Comment ID 2382-1.001.004 

Author Name: Worthington R. 

Organization: City of Gulfport 

OIL AND GAS EXPLORATION AND PRODUCTION 

Gulfport strongly opposes any action to open additional Florida land and waters to oil and gas operations. Every 

municipality in Florida would be negatively affected by oil and gas operations. 

- We are concerned with the little discussed but obvious need for extensive onshore support infrastructure. The public 

cost of infrastructure to meet industry need for a continuous stream of supplies, drilling pipe, chemicals, crew movement 

by truck, supply vessels and helicopters and the impact upon public roads, harbors and waterways, has not been 

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addressed. 

- State failure to monitor and manage attempts at wetland mitigation serves as predictive example of inability of 

environmental agencies to compel meaningful resolution of probable damage from oil and gas operations. 

- Florida's $168 billion tourist industry, its commercial and recreational fishing, ecotourism and the appeal of Florida's 

crystalline beaches and clear water are at risk. 

- We believe offshore operations would inflict irreparable harm on what remains of natural Florida. The taking of a 

Florida natural resource for distribution in an international market has little potential to resolve domestic energy need or 

to compensate for harm done. 

Comment ID 2382-1.001.005 

Author Name: Worthington R. 

Organization: City of Gulfport 

FLDEP Proposal on Surface Water Quality Standards; Classification of Florida Waters January 7, 2010 

I offer these concerns and comments based upon long association with the waters and wetlands of Gulfport, Florida, a 

small waterfront municipality downstream of a densely populated urban watershed. 

o "Attainable," "feasible," "present use," "existing use" and "best management practice" are subjective and detract from 

the credibility of the proposal as a "standard." 

o The proposal does not adequately address historic and traditional uses of water bodies. 

o Present and existing use is not sufficient to define a baseline for future assessment. The assumption could be used 

as rationale to deny protection and excuse failure to restore impaired and threatened waters. 

o "Current use" and "condition" as a baseline is inappropriate and discounts original condition or the condition in 1975. 

o Assumption of "best management practices" as a means to protect Florida waters lacks credibility. As an example, 

direct observations of golf courses reveal them to be point sources of pollution. 

o The proposal does not adequately address the impact of storm water sediments on water quality. 

o A credible water quality standard must include a sediment quality standard. 

o FLDEP and contract firms do not regularly field test waters of storm water permit holders to assess permit compliance 

prior to reissuance. This practice detracts from the MS4 program and limits meaningful TMDL data. 

o Concepts addressed in the Use Attainability Analysis, Chapter 3 of the Technical Support Document are not 

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stringently adhered to. 

Pollutants and toxins which enter the watershed, to include all tributaries, should be addressed from their points of 

origin on public and private land. 

Reduction of upstream runoff to include retro-fit of redeveloped properties, reduction of nonpermeable surfaces and 

installation of passive and technical means to treat storm water is not addressed. 

Consideration of the public as an essential element of water issues is not adhered to by governmental agencies with 

authority over public waters and land. Agencies tend to defer to in-house experts at the expense of directly affected 

public and elected representatives. 

o Altered salinity and freshwater shock which directly affect benthic communities and shellfish and fish populations are 

not addressed. 

o Modification of natural water bodies under the guise of improvement or mitigation in place of meaningful restoration is 

not addressed. 

o The proposal could be interpreted as a means to circumvent the letter and intent of the Clean Water Act of 1972 by 

promotion of lowered standards of quality for Florida waters. 

Comment ID 2382.001.001 

Author Name: Worthington R. 

Organization: City of Gulfport 

I serve as Vice-Mayor of the City of Gulfport and as City point of contact on environmental matters. I am also a sixth 

generation Gulfportian with lifetime direct personal association with the Clam Bayou Estuary. In my youth, Clam Bayou 

was deeper and cleaner. It was a safe and popular place for swimming and boating. Clam Bayou provided habitat for 

birds, shell fish, and wildlife and supported abundant recreational and commercial oyster and fish harvest. 

In March '09 a Clam Bayou study conducted by the Hillsborough County Environmental Protection Commission in 

conjunction with Pinellas and Manatee Counties for the Tampa Bay Estuary Program was released; 

(http://www.tampabay.wateratlas.usf.eduluploadldocumentsJTBEP 05 09 Clam Bayou Benthi c Report.pdf ). Tests 

included the discovery of toxins which exceed the threshold effects level with a 65 to 85 percent mortality rate per toxin 

upon fertile eggs of "sensitive organisms." Studies indicate if any two toxins fall in the 65-85 % range, the combined 

predicted mortality is 100%. Clam Bayou was found to have 23 toxins in the 65-85°lo range. The March study and the 

conclusions in chapters 6 and 7 of the 1994 FLDEP study, "Approach to the Assessment of Sediment Quality in Florida 

Coastal Waters," confirm Clam Bayou as acutely toxic. 

Concern was heighted by a 2009 Channel 9 Television feature story which addressed higher than average infant 

mortality in parts of St. Petersburg. Of the four zip codes affected, three directly abut Clam Bayou and all four are within 

the Clam Bayou urban watershed. 

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Clam Bayou merits extraordinary protection as a result of designation as an Outstanding Florida Water (OFW). The 

OFW designation is for known polluted waters of special importance to Florida citizens and wildlife. What remains of the 

estuary is still used at high water by recreational boaters, primarily kayakers, due to much degraded depth. What few 

water creatures endure continue to serve as a food source, primarily by members of the African- American population of 

South St. Petersburg . For decades Gulfport has called for restoration of what has long been declared impaired water 

resource. Even so, Clam Bayou sediment accumulation continues unabated. Our concerns for environmental justice 

and public health have been scientifically validated and the public needs to be warned of health risk. 

Sediment removal is deemed important to the health and habitat of Lake Maggiore and Sawgrass Lake. It is more 

important for Clam Bayou. Clam Bayou is surrounded by densely populated residential communities in Gulfport and St. 

Petersburg and flows to Boca Ciega Bay, a protected aquatic preserve. Regardless of methodology to address water 

quality, there is no doubt Clam Bayou's significant accumulation of sediment is toxic. Until the sediments are removed 

to expose the natural sand bottom and flow, circulation and flushing are restored the estuary will threaten public health. 

We urge Pinellas County to immediately post each point of public access to Clam Bayou to warn the public of the risk of 

(1) partial and (2) full body immersion as well as the risk from (3) consumption of any sea life taken from Clam Bayou. 

Warnings should remain in place until the sediments are removed and county and state health and environmental 

authorities personally attest to the health and safety of the waters and bottom of Clam Bayou. 

Comment ID 2412-6.001.001 

Author Name: Hecker J. 

Organization: Conservancy of Southwest Florida 

Supplemental Material for Comment ID 1482.1 

The Conservancy of Southwest Florida, a non-profit conservation organization with over 6,000 members, many of 

whom use and enjoy the waters of Southwest Florida, respectfully submits the following comments with regard to the 

revised proposed water use classification changes and the draft Technical Support Document. We deeply appreciate 

the Department's efforts to further incorporate input from interested stakeholders in preparing the revisions to draft FAC, 

62-302 amendments and draft Technical Support Document. This letter focuses on the latest draft of the Proposed 

Water Reclassification Rule Amendment (2/15/10) and Draft Process for Reclassifying the Designated Uses of Florida 

Surface Waters (2/16/10), as discussed in the workshop on 2/22/10. This letter incorporates comments that are still 

relevant from our previous letters of 12/4/09, 12/24/09, 1/6/10, and 1/22/10 

COMMENTS ON 2/15/10 PROPOSED CHANGES TO RULE 62-302.400 

The changes made by DEP to the proposed Rule on 2/15/10 were further improvements, but do not resolve substantial 

concerns that the necessity for the proposed changes to Rule 62-302AOO has not been demonstrated and that the 

rulemaking is premature prior to the adoption of the proposed EPA nutrient numeric criteria for Florida waters, including 

estuaries, Therefore, we continue to request that DEP suspend the reclassification rulemaking process - at least until 

after numeric nutrient criteria have been adopted for estuaries, The following are more detailed comments and 

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recommendations with regard to the 2/15/10 proposed changes to Rule 62-302A00. 

Classification Changes Should Not Disincentivize Pollution Source Control. 

The current proposal, although it makes it clear that reclassification should not allow for the "lowering of existing water 

quality nor result in the nonattainment of water quality standards in downstream waters," would still allow water quality 

standards in upstream waterbodies to be lower than their downstream waterbody counterparts, Creating lower 

standards in waterbodies closest to pollutant sources will undermine the ability to require additional source control 

requirements. Less source control transfers pollution control costs from the private sector to pollution clean-up costs 

paid for by the public sector, i.e. the taxpayers. Furthermore, we continue to have concerns about how DEP would 

interpret the UAA requirements in the proposed rule. 

Most positive for the issue of source controls, the current version of the draft DEP rule incorporates the requirement that 

a use cannot be downgraded unless it "cannot be attained by implementing effluent limits required by sections 301 (b) 

and 306 of the Federal Clean Water Act in conjunction with implementation of cost-effective and reasonable best 

management requirements for nonpoint source pollution control." The inclusion of this provision might assuage our 

concerns, but for the fact the Technical Support Document, as discussed below, proposes that DEP would determine 

that a use is not attainable simply by virtue of the physical characteristics of the waterbody, such as the fact that it is a 

canal, essentially bypassing the analysis of source controls. We are also concerned that the SSAC that would be 

considered for the purposes of downgrading to Class III might also include lower criteria for other parameters beyond 

those for which the Class III uses cannot be attained. 

We continue to suggest that Subparagraph (12) be changed to restrict the SSAC associated with the downgrade to only 

changing the criteria that necessitate the downgrade and not others. Additionally, the Statewide Stormwater Rule being 

developed by FDEP should be revised to not make additional source control contingent on direct discharge to impaired 

waters, which might be downgraded as a result of reclassification and therefore, compliant with their new lower use; but 

rather make those source control measures contingent on whether there are any impaired waters downstream. 

Adoption of a New Use Classification Without Concurrent Adoption of Criteria Would Violate EPA Clean Water Act 

Rules. 

The draft rule would establish a new Class III Limited use classification, but water quality criteria would only be adopted 

later on a case-by-case basis through Site Specific Alternative Criteria. This would violate the CWA and EPA rules. The 

CWA requires that whenever the state revises or adopts a new standard, such revised or new standard shall be 

submitted to the EPA. The CWA explicitly states that "such revised or new water quality standard shall consist of the 

designated uses of the navigable waters involved and the water quality criteria for such waters based upon such uses." 

33 U.S.C. § 1313(c)(2)(A). Moreover, 40 C.F.R. § 131.6 plainly states that both "use designations consistent with the 

provisions of sections 101 (a)(2) and 303(c)(2) of the Act" and "water quality criteria sufficient to protect the designated 

uses" "must be included in each State's water quality standards submitted to EPA for review." Finally, 40 C.F.R. § 

131.5(a)(2) makes it clear that EPA must consider in deciding whether to approve or disapprove state-revised water 

quality standards, "whether the state has adopted criteria that protect the designated water uses." It is clear that the 

criteria must be submitted concurrently with the new designated uses. 

Classification Changes Should Await the Final Adoption of EPA Numeric Nutrient Criteria for Florida's Estuaries. 

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FDEP rulemaking on classification changes should be postponed until final adoption of EPA numeric nutrient criteria for 

Florida, including the estuarine criteria. Nutrients are frequently mentioned as one of the target parameters for 

downgrading uses of artificial and man-altered water bodies. The interpretation of the narrative nutrient criterion used 

today to determine whether waterbodies can attain their designated uses may not be comparable to the numeric criteria 

being developed by EPA. Because of the effects of nutrients, particularly nitrogen, on estuaries, it is extremely 

important that EPA's numeric criteria for estuaries are in place before any UAA or Class III Limited SSAC are 

considered. 

Enacting a lower use classification for upstream waterbodies prior to estuarine numeric nutrient standards being 

adopted would inherently undermine any ability to ensure those downstream standards are met. Without estuarine 

numeric nutrient criteria in place to provide quantitative nutrient pollution standards, it is not possible to ensure that the 

downstream water quality standard for nutrients would be protected. Timing classification changes to follow the 

adoption of estuarine numeric nutrient criteria is essential for truly protecting downstream water quality. Therefore, we 

would request FDEP to suspend these rule changes until estuarine numeric nutrient standards have been adopted, so 

that any downgrading applications can be evaluated based on whether they would further support meeting those 

estuarine standards. 

The Types of Waterbodies That Can be Downgraded as a Result of Changing to New Class III Limited Should be Better 

Defined. 

We support the attempt in Paragraph (5) of the 2/15/10 draft to include more description of the types of waterbodies that 

will be permitted to be downgraded to Class III Limited, but the new language raises more questions than it answers 

and appears to widen the scope of Class III Limited waterbodies. The new draft adds the phrase "waters with humaninduced physical or habitat conditions that prevent attainment of Class III uses," which begs the question, what are 

"human-induced habitat conditions," as distinguished from "human-induced physical conditions?" This phrase, alone, 

could potentially widen the scope of Class III Limited far beyond what we thought was intended in the 1/6/10 draft. 

Subparagraphs (a) and (b) that follow are more specific and do not seem to widen the scope of Class III Limited. If 

Subparagraphs (a) and (b) are intended to define the scope, then there is no need for the more general phrase "waters 

with human-induced physical or habitat conditions that prevent attainment of Class III uses." 

We still believe that (5)(a) and (b) should be better defined. The wholly artificial waterbodies definition should state 

excavation from "uplands," and "uplands" should be defined. We oppose adding "or filled" to the altered waterbodies 

description, as was done in the 2/15/10 draft. We understand from the 2/22/10 workshop that FDEP would use this term 

to include dams or weirs placed in waters, which would expand the scope of Class III Limited to many more waters than 

previously discussed. Finally, we support the idea that we believe is intended by the phrase, "to such an extent that they 

exhibit separate and distinct hydrologic and environmental conditions from any waters to which they are connected," but 

we are concerned that this phrase is vague and needs further definition. 

Classification Changes Should Also Include a Higher Classification for Pristine or Sensitive Waters. 

The 2/15/10 draft rule did not correct the failure to provide a higher classification for pristine or sensitive waters. One of 

the initial stated purposes of the water quality reclassification rule was to provide the opportunity for higher 

classifications of waterbodies that would have more protective criteria than the current Class III criteria. The upgrading 

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opportunity in the current proposed amendments to the rule is no greater than provided in the existing rule. 

The changes to the water quality classification rule should also include a higher classification for pristine or sensitive 

waterbodies that currently are much cleaner than Class III criteria or need more stringent criteria to protect sensitive 

aquatic species. Outstanding Florida Waters, because it only affords antidegradation protection based on the water 

quality at the time of designation, and lacks ongoing mandatory monitoring and enforcement provisions, is not effective 

at providing the additional protection that many sensitive waters need. At the very least, this "pristine or sensitive" 

classification would provide the opportunity for DEP to upgrade, as required by 40 C.F.R. § 131.1 O(i), when it finds that 

high-quality waters are currently attaining a higher aquatic life use than Class III. Upgrading a Classification Where the 

Higher Use is Currently Attained Should Not Require Consideration of "Environmental. Technological, Social. 

Economic, and Institutional Factors" or a Public Interest Finding. 

We appreciate the change in the draft rule to separate the procedure for upgrading a classification from the UAA for 

downgrading. The 2/15/10 draft, however, is still inconsistent with the Clean Water Act and EPA rules in the case where 

a higher use is currently being attained. 40 C.F.R. § 131.10(i) requires that "[w]here existing water quality standards 

specify designated uses less than those which are presently being attained, the State shall revise its standards to 

reflect the uses actually being attained [emphasis added]." There is no legal basis for requiring, as in the current 

proposed rule language, "consideration of environmental, technological, social, economic, and institutional factors," for 

assessing upstream and downstream effects, or for a public interest test for upgrading to a classification that is already 

being attained. This would also be inconsistent with one of the basic goals of the Clean Water Act, which is to restore 

the quality of the nation's waters. [1] The draft rule should be amended to make it clear that FDEP will, on its own 

initiative, upgrade waters where the higher use is presently being attained without the considerations and public interest 

test specified in the draft rule. 

Special Consideration for Local Governments Should Not Include Instances Where a Local Government is the 

Applicant. 

Section (9)(b) requires special consideration be given to the input of local governments who represent the public 

interest where the waters are located. Such special consideration should not be extended where the local government 

is the applicant, however. A local government applicant should be treated just like any other applicant and have no 

presumption that its application is in the public interest. Therefore, Section (9)(b) should be revised to resolve this 

conflict of interest. 

The Inclusion of a Fish Consumption Use in the Proposed Amendments is a Positive Step. 

We support the inclusion of fish consumption as a designated use in Class I, II, III, and III Limited. As DEP mentioned 

during the January workshop, several water quality criteria have a fish consumption calculation built into them. We 

would suggest that the TSD include a listing of which criteria support the fish consumption use, so that it is clear what 

criteria need to be assessed for determining whether this use is attainable. It should also be made clear that none of the 

criteria that can be changed with a downgrade to Class III Limited are protective of fish consumption. 

The Inclusion of EPA Use Attainability Analysis Standards is an Important Revision to the Proposed Rule. 

We commend DEP for inserting the EPA UAA standards almost verbatim into the proposed rule as subsection (11). 

Doing so has made the proposal more consistent with EPA rules in this regard. The recognition of the necessity of 

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protecting existing uses is also an important change, which is required by EPA rules. Because Class III-Limited is 

restricted to wholly artificial and altered natural waters, we do not see the need for the inclusion of (11 )(c)1, (11)(c)2, 

and (11 )(c)5, dealing with UAA where natural conditions prevent attainment of the designated use. 

The Rule Should be Clear about Whether FDEP Intends to Also Initiate Rulemaking for Downgrading Uses. 

Language was added to Paragraph (11) of the 2/15/10 draft rule which seems to indicate that FDEP will initiate 

rulemaking for downgrading to a Class III Limited use without a petition. This should be made more explicit in the rule, 

such as by stating the circumstances in which FDEP will initiate the process. 

By Incorporating the SSAC Rule, the Draft Use Reclassification Rule Incorporates a Rule Which Was an Invalid 

Exercise of FDEP's Legislative Authority. 

The draft rule in Paragraph (12) relies upon the Site Specific Alternative Criteria (SSAC) rule, Rule 62-302.800(2) Fla. 

Admin. Code. The SSAC rule was an invalid exercise of FDEP's legislative authority, pursuant to Section 120.52(8), 

Florida Statutes, because it was not specifically authorized by any of the statutes that FDEP relied upon in adopting the 

rule. The definition of "invalid exercise of delegated authority" includes the following language: 

A grant of rulemaking authority is necessary but not sufficient to allow an agency to adopt a rule; a specific law to be 

implemented is also required. An agency may adopt only rules that implement or interpret the specific powers and 

duties granted by the enabling statute. No agency shall have authority to adopt a rule only because it is reasonably 

related to the purpose of the enabling legislation and is not arbitrary and capricious or is within the agency's class of 

powers and duties, nor shall an agency have the authority to implement statutory provisions setting forth general 

legislative intent or policy. Statutory language granting rulemaking authority or generally describing the powers and 

functions of an agency shall be construed to extend no further than implementing or interpreting the specific powers and 

duties conferred by the enabling statute. 

Nothing in the seven statutes cited by DEP as authority for the SSAC rule explicitly grants DEP the power or duty to 

adopt rules authorizing an affected person to petition for SSAC and accordingly the rule is invalid. 

Not only does the SSAC rule exceed the authority granted by the statutes its supposedly implemented, but it also 

explicitly contravenes at least one law it purports to implement, Section 403.201, Fla. Stat. Section 403.201, Fla. Stat., 

establishes when the DEP may grant a variance from the provisions of the Florida Air and Water Pollution Control Act 

or the rules and regUlations adopted pursuant thereto. Section 403.201 (1), Fla. Stat. allows a variance to be issued 

only for one of three reasons: (a) there is no practicable means known or available for the adequate control of the 

pollution involved; (b) compliance with the particular requirement or requirements from which a variance is sought will 

necessitate the taking of measures which, because of their extent or cost, must be spread over a considerable period of 

time, in which case the variance shall prescribe a timetable for the taking of the measures required; or (c) to relieve or 

prevent hardship of a kind other than those provided for in paragraphs (a) and (b). 

However, SSAC are not restricted to those three situations. A petitioner need not show that compliance with the existing 

criteria is unattainable or too costly. Nor must a petitioner for a SSAC show that there would be any hardship with 

complying with the duly promUlgated water quality criteria which justifies application of an alternative criterion. The 

SSAC rule, if it implements the variance statute, is clearly inconsistent with and contravenes the statute. 

For these reasons, the SSAC rule is currently being challenged in SI. Johns Riverkeeper, Inc. et al. v. Department of 

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Environmental Protection, DOAH Case No. 09-007054RX. 

The Restriction of Criteria That Can be Changed for Class III Limited is an Important Revision to the Proposed Rule. 

Assuming that the SSAC rule is not determined to be an invalid rule, the proposed restriction of the specific criteria that 

can be changed for a Class III Limited use reclassification is a significant improvement in the current rule revisions. The 

requirement that the SSAC "shall not be set at levels less stringent than existing water quality conditions" also goes a 

long way toward dealing with potential problems with antidegradation requirements and protection of downstream 

waters. However, if existing water quality conditions are below existing criteria for other types of pollutants not 

determined to be absolutely unattainable, then the existing criteria should remain the applicable standard - not the 

existing conditions. We do not believe that a SSAC adopted for purposes of a downgrade to Class III Limited should 

reduce water quality criteria for any parameters other than the parameters necessitating the use reclassification. For 

instance, if an applicant demonstrates that Class III waters should be downgraded to Class III Limited because the 

dissolved oxygen criterion cannot be attained due to one of the UAA factors, the SSAC should only address dissolved 

oxygen and not other existing criteria. 

This subsection should probably at least specify that the type of SSAC to be considered in downgrading to Class III 

Limited is Type II, as discussed in the January workshop" Because the draft use reclassification rule limits Class III 

Limited to man-made conditions, there would be no basis for the use of a Type I SSAC, which applies only to natural 

conditions" Furthermore, Rule 62302. 800(2)(d)3 seems to preclude the use of a Type II SSAC for nutrient criteria.[2] 

Therefore, nutrients should be removed from the list in Subparagraph (12)" Both the 1/6/10 and the 2/15/10 drafts also 

include the phrase after nutrients, "including nutrient response variables." There are no existing water quality criteria for 

"nutrient response variables," and this term has not been defined" Again, we reiterate that it would be much better to 

deal with SSAC and downgrading uses once the EPA numeric nutrient criteria are finalized. 

The 2/15/10 draft also adds one criterion to Paragraph (12), biological integrity" Is this restricted to the biological 

integrity criteria in the existing Rule 62-302"530 table, which is based on the ShannonWeaver Diversity Index? We 

would like clarification on this in writing and incorporated into the draft Finally, if a SSAC will be used for establishing 

water quality criteria for Class III Limited, we strongly support the inclusion of the requirements that SSAC "shall not be 

set at levels less stringent than water quality conditions at the time of reclassification" and that SSAC "for other 

parameters must fully protect Class III uses"" Without the first provision, the downgrading would violate non-degradation 

requirements" Without the second, the downgrading would violate the UAA requirements. 

Proposed Changes Would Still Impede Implementation of Total Maximum Daily Load pollutant limits and Basin 

Management Action Plans to Restore Water Quality. 

We have spent approximately 11 years assessing water quality according to its current uses and corresponding water 

quality standards" Since the beginning of the TMDL Program in Florida, we have created and refined water body 

boundaries for purposes of listing impaired waters" After assessment and identification of water quality violations comes 

the implementation phase of the water quality regulatory process which sets waterbody-specific pollutant thresholds 

(i.e. TMDLs) and Basin Management Action Plans (BMAPs) outlining pollutant reduction strategies to meet those 

thresholds. Changing designated uses at this point will necessitate redelineation of WBID basin boundaries and 

therefore, require reassessment of waterbodies" This would inherently further delay the timely implementation of 

TMDLs, BMAPs and other water quality restoration measures. 

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The Protection of OFW and ONRW is an Important Revision. 

The recognition of the need to protect OFW and ONRW in the revised draft is another important improvement in the 

current rule revisions" However, we suggest that these waters be explicitly and categorically excluded from being 

downgraded to Class III-Limited in the proposed rule changes, because downgrading the underlying use would be 

inconsistent with the level of protection required for these waters" We also would like to see the TSD elaborate on how 

the protection of downstream OFW and ONRW will be ensured during the UAA process, especially for how the 

applicant must determine the baseline water quality of OFW in order to demonstrate that the waters will not be 

degraded. 

Regulatory Flexibility is Already Being Used by FDEP to Address Many of the Reasons Given for Why These Proposed 

Classification Changes are Needed. 

We have previously addressed the existing moderating provisions in DEP water quality rules that can be used to 

address the concerns of the Florida Stormwater Association and others" We now better understand why DEP believes 

that Site Specific Alternative Criteria (SSAC) cannot completely address these concerns, because of the requirement 

that Type 2 SSAC support the existing designated use. However, we are also aware of SSAC that FDEP has already 

granted, which have dramatically changed specific water quality criteria without acknowledging a change to the 

designated use. For example, a Hillsboro Canal tributary in Palm Beach County obtained a Type 2 SSAC for DO, 

selling alternative criteria of a 2.6 mg/L annual average and an instantaneous minimum of 0.3 mg/L. These DO criteria 

are much lower than those deemed protective of Class III uses (shall never be less than 5.0 mg/L for fresh waters) and 

lower even than the minimum DO levels required for Class IV agricultural waters. We believe that this Type 2 SSAC, 

and probably others, are not being implemented to fully protect Class III designated uses. We, therefore, encourage 

DEP to review all existing Type 2 SSACs and future SSAC applications carefully to ensure that the alternative criteria 

do not, in fact, actually downgrade the waterbody's existing designated use without going through the Use Attainability 

Analysis process. 

We still have not seen a single example where DEP is rigorously enforcing water quality standards in a waterbody 

where the capacity to meet those standards is clearly lacking. We have yet to hear of a point source discharger, a nonpoint source discharger, or a municipal or county utility facing a requirement to clean up the impossible. Instead, when 

we look thoroughly into the DEP Impaired Waters Program as it is operating in Southwest Florida, we see DEP using 

both the listing process and the Total Maximum Daily Load ("TMDL") decision-making process for certain impaired 

waters as two ways of providing additional flexibility to the regulated community to work around existing water quality 

standards for artificial and man-altered waterbodies. 

For example, DEP Rule 62.303.420 directs DEP not to list waters as verified impaired "if values exceeding the criteria 

are not due to pollutant discharges or reflect natural background conditions, including seasonal or other natural 

variations ..." For example, we have seen DEP decide not to list a segment of the Caloosahatchee River with dissolved 

oxygen ("DO") levels below the criterion by simply stating that no causative pollutant was identified and "Ianduse is 

estimated to be -64% anthropogenic" (WBID 3235A, which is upstream of the Franklin Lock and Dam). Another in the 

same watershed is the Townsend Canal, which had low DO with the causative pollutant unidentified and "landuse is 

estimated to be -88% anthropogenic" (WBID 3235L). DEP puts waterbodies like these on the 4d list ("The waterbody 

does not meet applicable criteria, but no pollutant can be identified thus a TMDL will not be developed at this time") or 

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the 4c list ("Impaired for one or more criteria or designated uses but does not require TMDL development because 

impairment is not caused by a pollutant"). Many waterbodies on the 4c and 4d lists are artificial or man-altered natural 

waters.[3] Without a TMDL, there is no threat that the current regulatory program will impose high costs in an effort to 

clean up these waterbodies to meet current water quality standards. 

For the most part, artificial or man-altered waterbodies, by DEP rule, will receive only low priority for developing TMDLs, 

which means that it is unlikely that a TMDL will ever be developed, given the number of TMDLs currently proposed for 

development and the slow progress on high and medium priority TMDLs. DEP Rule 62.303.500 deals with the 

prioritization of developing TMDLs for listed waters and states, "(3) The following waters shall be designated low 

priority: ... (b) Man-made canals, urban drainage ditches, and other artificial water segments that are listed only due to 

exceedances of the dissolved oxygen criteria." Although we do not endorse the manner in which these provisions are 

being applied in the TMDL program, they remedy almost any concern that entities are supposedly being forced to clean 

up water pollution that cannot be reasonably cleaned up. Moreover, a TMDL does not correlate to actions taken; Le. 

every TMDL has not, to date, required a BMAP from DEP. Therefore, "artificial" and "man-altered" waterbodies of 

concern are already provided different standards than natural systems without a downgrade in use classification. Thus, 

the need for the proposed rule has not been sufficiently articulated, given both the moderating provisions of the existing 

water quality rules and the manner in which the TMDL program is currently being implemented. 

The Technical Support Document is Not Ready to Be Incorporated as Part of the Rule. 

As discussed in more detail, below, the TSD is not ready to be adopted as part of this rulemaking. The draft was only 

available for the first time in late December, and there are still too many inconsistencies and issues with the draft TSD 

at this time. Since the TSD provides many essential components as to how the proposed rule will be implemented, it is 

imperative that this be refined and improved prior to being incorporated as part of the Rule. 

COMMENTS ON THE DRAFT TECHNICAL SUPPORT DOCUMENT 

The Conservancy previously provided comments on the Draft Technical Support Document (TSD) in our 1/6/10 and 

1/21/10 letters. We have also participated in two workshops in which the TSD was discussed. The following comments 

focus on the 2/16/10 draft of the TSD and reiterate previous comments that are still relevant. Our comments below are 

organized by the corresponding section of the TSD. 

Glossary 

Altered Waterbodies-how do you determine "that the portions exhibit separate and distinct hydrologic and 

environmental conditions from any waters to which they are connected?" What are examples? There is nothing in the 

TSD that provides any further detail on this. This definition is vague and will be fraught with tremendous uncertainties in 

deciding whether a particular waterbody is a candidate for a Class III-L UAA. 

Attainable Use: We suggest that DEP use the EPA definition from the EPA Water Quality Standards Handbook, based 

on 40 C.F.R. § 131.1 Old): 

"Attainable uses" are, at a minimum, the uses (based on the State's system of water use classification) that can be 

achieved 1) when effluent limits under sections 301 (b)(I)(A) and (B) and section 306 of the Act are imposed on point 

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source dischargers and 2) when cost-effective and reasonable best management practices are imposed on nonpoint 

source dischargers. 

The 2/16/10 draft added the phrase "which evaluates whether the use is established and whether protective criteria can 

practicably be met." This adds additional terms that are not defined anywhere. What was purpose of adding this? 

Existing Uses: The explanation of how to determine existing uses should be in the body of the TSD, not in the definition. 

The phrase "to a limited extent" modifying "anecdotal accounts" is too vague for a rule. 

Natural Surface Waters: The 2/16/10 draft added the definition "Waterbodies that, in their undisturbed state, originally 

were all or part of the Atlantic Ocean, Gulf of Mexico; a bay, bayou, sound, estuary, or lagoon, including natural 

channels and natural tributary thereto; a river, stream, or natural tributary thereto; a natural lake; and any natural 

wetland connected to any of the above waters." Is this the same as "waters of the state?" How is "connected to" 

defined? This definition is vague and will be fraught with tremendous uncertainties in deciding whether a particular 

waterbody is a candidate for a Class III-L UAA. 

Use Attainability Analysis: DEP also uses this term to describe a "process to establish a more protective use." The UAA 

process described in the TSD, however, is different than a process for establishing a more protective use, and the UAA 

term should not be used for establishing a more protective use. There is also currently no avenue in the rule to obtain a 

more protective use than Class III. We would also suggest using the EPA definition of UAA from 40 C.F.R. 131.3: Use 

Attainability Analysis is a structured scientific assessment of the factors affecting the attainment of the use which may 

include physical, chemical, biological, and economic factors as described in § 131.10(g). 

The DEP definition introduces additional terms into the definition that may or may not be part of a UAA. 

Waterbody: Is this synonymous with the waterbodies defined in the impaired waters evaluation in Rule 62-303? The 

2/16/10 draft added the phrase "and could be a segment (portion) of waterbody." It would make sense to use the same 

defined waterbodies throughout all of FDEP's water quality programs. 

Wholly Artificial Waterbody: The 2/16/10 draft added the definition "wholly artificial waterbodies are excavated 

waterbodies, but do not include those portions of a natural surface water that have been dredged or filled." Is this the 

same as the idea that they must be excavated from uplands that was discussed during the 1/6/10 workshop? This 

definition is vague and will be fraught with tremendous uncertainties in deciding whether a particular waterbody is a 

candidate for a Class III-L UAA. 

Chapter 1: Introduction 

1.1�Purpose of Report 

The Conservancy supports the revision in the 2/16/10 draft that separates the methodology for downgrading a use from 

that for upgrading a use, as discussed further below. 

1.2 Existing Classification System 

The Conservancy supports adding "fish consumption" as a use for Class I, II, III, and III Limited. The criteria for 

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protecting this use need to be identified somewhere in the TSD, and it should be made clear that none of the criteria
 

that can be changed with a downgrade to Class III Limited are protective of fish consumption.
 

See discussion of definitions in 2/15/10 draft rule above.
 

1.2�Uses
 

This section changed in the 2/16/10 draft. The last paragraph states as follows: The six factors listed in Subsection 62­

302.400(11), FAC., should be examined to demonstrate both the unattainable designated uses and the attainable uses
 

in a waterbody. Where human activities (pollutant discharges, water control structures, mining, etc.) contribute to the
 

limitation of what uses are attainable, economic and social factors associated with repairing the system must be
 

examined to demonstrate what is attainable. If remediable physical barriers (i.e., an improperly positioned culvert) are
 

the cause of the non attainment of use in the waterbody, the use should generally be considered attainable.
 

There is no need for this paragraph, First, it is inaccurate, There are only 3 factors, not 6, relevant to UAA for
 

downgrading to Class III Limited where human activities limit the attainable uses:
 

3. Human caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would 

cause more environmental damage to correct than to leave in place; 

4. Dams, diversions, or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible 

to restore the waterbody to its original condition or to operate such modification in a way that would result in the 

attainment of the use; 

6. Controls more stringent than those required by sections 301 (b) and 306 of the Federal Clean Water Act would result 

in substantial and widespread economic and social impact 

Second, the summary does not accurately portray the 3 relevant factors, The only one of these that explicitly involves 

economic and social factors is 6, Paragraph 3 speaks in terms of "cannot be remedied," which could have an economic 

feasibility component, but not social factors, Paragraph 4 also speaks in terms of feasibility, which could include 

economic feasibility, but there is no mention of social factors. 

1.4 Applicable Criteria and Site-Specific Alternative Criteria 

This section was added in the 2/16/10 draft. Although the focus of Class III-Limited is on human induced conditions, 

there is no limitation of the SSAC discussed to Type 2, The draft rule and the TSD added "biological integrity" to the list 

of criteria for which a SSAC can be approved to downgrade a use to Class III Limited, What was the intent of this? Is 

this restricted to the biological integrity criteria in the 62-302,530 table, which is based on the Shannon-Weaver 

Diversity Index? It appears that the SSAC can lower criteria for other parameters as well, as long as the Class III use is 

protected, Why should this be part of a SSAC for downgrading to Class III Limited, which supposedly is for a limited set 

of parameters? Can a use be downgraded or removed just because a criterion is not being met? 

1.5 Overview of the Reclassification Process 

Paragraph 7: why did DEP delete the statement in the prior draft: "Although upgrades are permanent, downgrades must 

be reviewed every three years?" 

Chapter 2: Reclassification to More Protective Class 

This Chapter was added in the 2/16/10 draft and some existing material was moved to it 

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2.1 General Information Requirements 

The first paragraph contains the sentence: "Information must be presented to determine whether the use is an 

established, characteristic use of the area, and whether other uses may interfere with upgrading the designated use," 

What is meant by the phrase "and whether other uses may interfere with upgrading the designated use,"? If the use is 

an existing use, then an upgrade is required under40 CFR § 131,1 O(i), Furthermore, DEP defines "water quality 

standard" in Rule 62-302,200(31) to include "designated present and future most beneficial uses:' Also, Rule 62­

302AOO(5) states that "unless clearly inconsistent with the criteria applicable, the designated uses of less stringently 

regulated classifications shall be deemed to be included within the designated uses of more stringently regulated 

classifications:' Therefore, you cannot have the situation of other uses interfering with upgrading a designated use. 

The second paragraph contains the sentence: "The petition should describe the geographical boundaries of the portion 

of waterbody to be reclassified, and take into account any permitting requirements for existing permitted entities 

upstream:' What does it mean to "take in account any permitting requirements for existing permitted entities upstream?" 

If the use is an existing use, then an upgrade is required, and upstream permitting requirements are not relevant If an 

upgraded use that is not an existing use is attainable, then the upstream permits should be adjusted to do so, unless 

"controls more stringent than those required by sections 301 (b) and 306 of the Federal Clean Water Act would result in 

substantial and widespread economic and social impact" 

2.4 Effects of Reclassification on Upstream Uses 

This paragraph contains the sentence: "If it does not currently meet those criteria due to permitted discharges 

upstream, then the upstream discharger must be considered in the economic analysis of the petition:' How does this 

apply if the use is an existing use, but the criteria are not being met? There should not even be an economic analysis if 

the use is existing, If the classification is upgraded, as required, a TMDL would be the next step, which could result in 

more stringent permit requirements for the upstream dischargers. 

2.5 Determining that the Reclassification is in the Public Interest 

An upgrade to an existing use is required by 40 CFR § 131,1 O(i) and should not be subjected to a public interest test 

2.1.1 Changing Designated Uses 

The statement is made: "In a situation where a criterion is not met due to natural conditions, there will be cases where 

both a UAA and a SSAC are available options:' This conflicts with the draft rule, which only allows UAA for wholly 

artificial or man-altered waterbodies. 

2.1.2 Site Specific Alternative Criteria 

Discussion of the Type 1 SSAC is not appropriate in this section, because the proposed rule only applies to maninduced conditions. 

2.2.1 Adding (Upgrading) Uses 

The statement is made in the 2/16/10 draft: "Attainability of the use shall include consideration of the factors in 

Subsection 62-302AOO(10) FAC, (consideration of environmental, technological, social, economic, and institutional 

factors and upstream and downstream effects of reclassification)." Again, the UAA factors in the rule are not appropriate 

for a waterbody that has already attained the higher use, The TSD should explain in detail how the factors in the rule 

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should be applied for upgrading uses, Such an assessment is not comparable to the considerations for downgrading a 

use, because the Clean Water Act has a goal of restoring waters, Therefore, the burden for upgrading uses should not 

be as heavy as that for downgrading, The procedures for upgrading need to be developed with sufficient public 

participation, including at least one public workshop. 

2.2.2.1 What are "nutrient response variables"? Need to define or reference. 

Chapter 3: Reclassification to a Lower Class. 

This chapter was added to the 2/16/10 draft, and some parts of the previous draft were included. 

3.4 Use Support and Water Quality Criteria 

This section states: 

In general, uses are assumed to be protected if criteria are being met. However, this assumption is not always 

appropriate, because in some cases, criteria are met but non-water quality related factors preclude the use. For 

example, water quality criteria designed to protect healthy, well-balanced aquatic communities may be met in a canal, 

but the canal may have habitat and hydrological limitations that preclude full aquatic life use support, as defined by the 

ability to pass the Stream Condition Index. In this case, the UAA regulations allow the use to be modified as long as all 

existing and attainable uses are protected. 

The statement is not appropriate for the rule being considered, and a discussion with Russ Frydenborg during the 

January workshop indicated to us that this paragraph was written when DEP had intended for the rule to have use 

classifications based on biological criteria, such as SCI and LVI. It should be revised or omitted. 

If this statement means what it says, then the existing water quality criteria are being supplanted by new biological 

criteria, such as the SCI. Further discussion in the TSD also indicates that DEP intends to establish additional water 

quality criteria, such as LDI or Hydrological Disturbance Scores, for determining whether waters are meeting designated 

uses. 

The idea that DEP will use criteria other than those promulgated as water quality criteria in the existing Rule 62-302.530 

table to determine whether a waterbody is attaining its designated uses is contrary to the Clean Water Act. If FDEP 

intends to use these as substitute water quality criteria, then they must be formally adopted as water quality criteria and 

approved by EPA. See Florida Public Interest Research Group Citizen Lobby v. EPA, 386 F.3d 1070 (11'h Cir. 2004). 

The 11'h Circuit made it clear that if the practical impact of a measure is to revise applicable water quality standards, 

the courts should look beyond the FDEP's characterization of the measure as a methodology to interpret compliance 

with the standards. 

3.5 Protection of Downstream Waters 

The Conservancy supports the 2/16/10 revisions to this section to describe how the downgrading process would work 

with downstream OFW. We believe the process described is required by OFW rules. 

In addition to protecting attainment of uses for downstream waters, DEP also needs to look at Tier 2 antidegradation 

protections for Florida. We should not only protect downstream waters from violating water quality standards or failure 

to maintain their uses, but we are required by EPA antidegradation rules to prevent waters from being degraded that 

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have better water quality than their criteria require. 

This statement should be somewhere in the TSD. 

3.6 Determining if the Reclassification is in the Public Interest 

This section was added by the 2/16/10 draft and states that the "pUblic interest" is determined by public input and 

economic analysis. This description of how the public interest is determined and the examples used, however, 

contradict statutory authority, For instance, Section 403,021, Fla, Stat., contains the following expressions of the public 

interest with regard to water quality: (2) It is declared to be the public policy of this state to conserve the waters of the 

state and to protect, maintain, and improve the quality thereof for public water supplies, for the propagation of wildlife 

and fish and other aquatic life, and for domestic, agricultural, industrial, recreational, and other beneficial uses and to 

provide that no wastes be discharged into any waters of the state without first being given the degree of treatment 

necessary to protect the beneficial uses of such water. 

(5) It is hereby declared that the prevention, abatement, and control of the pollution of the air and waters of this state 

are affected with a public interest, and the provisions of this act are enacted in the exercise of the police powers of this 

state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state, (6) The 

Legislature finds and declares that control, regulation, and abatement of the activities which are causing or may cause 

pollution of the air or water resources in the state and which are or may be detrimental to human, animal, aquatic, or 

plant life, or to property, or unreasonably interfere with the comfortable enjoyment of life or property be increased to 

ensure conservation of natural resources; to ensure a continued safe environment; to ensure purity of air and water; to 

ensure domestic water supplies; to ensure protection and preservation of the public health, safety, welfare, and 

economic well-being; to ensure and provide for recreational and wildlife needs as the population increases and the 

economy expands; and to ensure a continuing growth of the economy and industrial development. 

(10) It is the policy of the state to ensure that the existing and potential drinking water resources of the state remain free 

from harmful quantities of contaminants, The department, as the state water quality protection agency, shall compile, 

correlate, and disseminate available information on any contaminant which endangers or may endanger existing or 

potential drinking water resources, It shall also coordinate its regulatory program with the regulatory programs of other 

agencies to assure adequate protection of the drinking water resources of the state, Also, see Section 403,088, Fla, 

Stat., which has the following public interest requirement for issuance of permits: 

(b) If the department finds that the proposed discharge will reduce the quality of the receiving waters below the 

classification established for them, it shall deny the application and refuse to issue a permit. If the department finds that 

the proposed discharge will not reduce the quality of the receiving waters below the classification established for them, 

it may issue an operation permit if it finds that such degradation is necessary or desirable under federal standards and 

under circumstances which are clearly in the public interest. 

These statutory expressions of the public interest require great weight to be placed on the protection of water quality 

and would not allow downgrading use classifications merely because of public input, even public input by elected local 

governing bodies, The public interest in protecting water quality is also not automatically outweighed by economic 

impacts or the interest in flood control, because the statutes quoted above emphasize that water quality is also 

important to health, safety, welfare, and economic well being, If the TSD is going to include a discussion of the public 

interest, it should accurately reflect the legislative expressions of that public interest. 

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Furthermore, as we have previously expressed, special consideration should not be given to the input of elected local 

governing bodies when those governing bodies are themselves the petitioner for downgrading a use, There is no 

authority in Section 120,54(7), Fla, Stat., for treating a local governing body more favorably than any other petitioner for 

rulemaking, Finally, FDEP removed Section 3.6 from the prior draft entitled, Future Re-evaluation of Use Assignments, 

which emphasized that DEP is required to re-evaluate waterbody use designations resulting from UAAs during each 

future triennial review of its WQS if those revised uses do not meet the Section 101(a)(2) goals of the CWA 

(waterbodies with a use below the default uses of Class III). This section should be reincluded because of its 

importance in reminding applicants (and FDEP) that downgrades are not permanent and must be re-evaluated. 

Chapter 4: Waterbody Assessment Relevant to Reclassification to Class III-Limited 

This was Chapter 5 in the previous draft and has been changed significantly in the 2/16/10 draft by addition of new 

language. 

4.1.1. Basic Information to Be Addressed 

The following sentence was added: "An entity should not seek to reclassify a waterbody to a lower use if all water 

quality standards are currently being met, pursuant to the IWR, Chapter 62-303, FAC." How will the IWR be applied to 

reclassification? What if the waterbody is on the planning list? What if the data were deemed insufficient to determine 

whether the waterbody is impaired? What if the waterbody is delisted? 

4.2.1. Designated Recreational Uses 

Why did the 2/16/10 draft remove the statement that a "waterbody must have one of these uses [Class I, II, or III] if full 

body contact recreation is an existing use?" DEP has taken the approach that the best way to deal with waters that may 

not be physically suitable for whole body recreation is to downgrade the designation to Class III Limited with new, less 

stringent SSAC for certain criteria. FDEP stated in the January workshop, however, that it would not approve less 

stringent fecal coliform bacteria criteria. FDEP's approach is contrary to the recommendations for recreation standards 

in the EPA Water Quality Handbook. Although we do not endorse the division of recreation uses into primary and 

secondary, as envisioned by the Handbook, EPA makes it clear that physical factors of the water body should not be 

used as the basis for removing recreational uses: Physical factors, which are important in determining attainability of 

aquatic life uses, may not be used as the basis for not designating a recreational use consistent with the CWA section 

101(a)(2) goal. This precludes States from using 40 CFR 131.10(g) factor 2 (pertaining to low-flows) and factor 5 

(pertaining to physical factors in general). The basis for this policy is that the States and EPA have an obligation to do 

as much as possible to protect the health of the public. In certain instances, people will use whatever water bodies are 

available for recreation, regardless of the physical conditions. 

Although FDEP's proposal would not include factor 2 and 5, because these are related to natural conditions, factor 4 is 

related to man-made physical conditions and should not be used to downgrade recreation uses. 

4.2.2 Determining Existing and Attainable Recreation Use 

Why was the fish consumption section removed (formerly Section 5.5.5)? It is unclear from the TSD whether this 

designated use can be downgraded to Class III Limited with lower criteria. DEP should state whether any of the criteria 

available for a Class III Limited SSAC apply to the fish consumption use. It would also be useful to identify all criteria 

that apply to fish consumption. 

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4.3 Class III-Limited for Aquatic Life Use 

As previously mentioned, this section indicates that DEP is proposing SCI and LVI as new water quality criteria to 

replace existing water quality criteria for determining whether designated uses are attainable. It is unnecessary and 

creates further confusion to establish yet another layer of inconsistent water quality criteria: one for protecting classified 

uses in general (existing 62-302 criteria), one for determining whether waters are impaired (62-303 procedures), and a 

third for downgrading classified uses (proposed TSD). 

4.3.2 Determining Attainable Aquatic Life Uses 

The biological potential should not be dominated by physical attributes, such as the LDI, which can be used in a way to 

preferentially downgrade urban streams, even if they meet all water quality criteria. 

4.3.2.1, 4.3.2.2 Indicators Related to Aquatic Life Uses 

This section mentions that standard assessment tools, such as the DEP Stream Condition Index, DEP Habitat 

Assessment procedures, Landscape Development Intensity Index, DEP Rapid Periphyton Survey, and DEP Lake 

Vegetation Index or similar types of information should be used where possible. Again, this is attempting to supplant 

existing criteria with more subjective criteria for downgrading uses. The focus should be on existing criteria in Rule 62­

302 unless and until these assessment tools are actually adopted as water quality criteria. 

4.3.2.4 Hydrological Indicators 

If Hydrological Disturbance Scores can be used for downgrading, then it is equivalent to DEP creating a lower use 

classification for all canals. DEP needs to explain how it can determine that hydrology is the sole factor limiting aquatic 

life use in a waterbody where there are also point-source and nonpoint source pollutant discharges. 

4.3.3.2 Freshwater Streams, Rivers, and Ditches-this section was added 

What was the purpose of adding this section? Doesn't it establish two more water quality criteria, a minimum SCI score 

and a Stream Habitat Assessment score, that should be adopted as such? 

4.3.3.3 Freshwater Lentic Systems 

What was the purpose of adding this section? Doesn't it establish another water quality criterion, a minimum LVI, that 

should be adopted as such? 

4.3.3.4 Canals 

What was the purpose of adding this section? Is it intended to invite downgrades for canals, simply because they are 

canals? Does it mean that canals will not be graded the same as streams on the SCI or Stream Habitat Assessment? 

4.3.3.5 Predominantly Marine Systems 

What was the purpose of adding this section? Is it suggesting that the Shannon-Weaver Diversity Index will be used to 

determine whether marine waters are capable of attaining Class III uses? 

Chapter 5: Economic Analysis 

FDEP should affirmatively state that the applicant should use the EPA economic guidance document. Otherwise, how 

would DEP handle an application where the applicant does not use the EPA recommended procedures? 

5.4 Widespread Impacts 

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DEP should highlight the need to consider the economic and social impacts of lowering water quality criteria as well,
 

such as impacts on tourism and recreation and pollution control expenditures for downstream waters.
 

Examples 3 and 4
 

These examples clearly indicate that FDEP is seeking to utilize new criteria, not adopted in the existing Rule 62­

302.530 table, for determining whether waterbodies are attaining their designated uses. The examples somehow 

conclude that failure to meet water quality criteria is not caused by pollutants, but by the morphological modifications of 

the waterbodies. They utilize SCI, RPS, physical habitat assessment, and hydrological alteration measures to 

determine that Class III uses are not attainable. Through the use of these new criteria, the examples then conclude that 

Class III uses are not being met, and don't bother to determine whether the designated uses can be attained by 

implementing effluent limits required by sections 301 (b) and 306 of the Federal Clean Water Act in conjunction with 

implementation of cost-effective and reasonable best management requirements for nonpoint source pollution control. 

These examples illustrate the chief problem with FDEP's approach that is not apparent from the language of the draft 

rule itself. FDEP obviously intends to use the physical characteristics of the waterbody as the primary basis for 

downgrading the use. 

Conclusion 

In conclusion, we appreciate the responsiveness of the FDEP to some of our previous suggestions and concerns, 

reflected in improvements made to the draft rule revisions. We respectfully request however that FDEP to allow more 

time to revise and recirculate the TSD for comment. The document was revised substantially on 2/16/10, and there are 

still significant unresolved issues with it. Ultimately, we reiterate our request that FDEP suspend the rulemaking process 

on these proposed designated use changes until estuarine numeric nutrient criteria have been adopted - in order to 

ensure these rule changes are supportive of meeting those water quality standards for protecting downstream water 

quality. Please feel free to contact me at (239) 262-0304 x250 should you wish to discuss further, and thank you for 

your time and consideration in this matter. 

[1]33 U.S.c. § 1251(a) states: "The objecrlve of this chapter is to restore and maintain the chemical, physical, and 

biological integrity of the Nation's waters." 

[2]FDEP has drafted a Type III SSAC rule for nutrients, but this has not been adopted. 

[3] DEP included the following footnote in its description of Class 4c in the 2008 Integrated Water Quality Assessment 

for Florida: 

For purposes of the TMDL Program, pollutants are chemical and biological constituents, introduced by humans into a 

waterbody, that may result in pollution (water quality impairment). There are other causes of pollution, such as the 

physical alteration of a waterbody (for example, canals, dams, and ditches). However, TMDLs are established only for 

impairments caused by pollutants (a TMDL quantifies how much of a given pollutant a waterbody can receive and still 

meet its designated uses). 

Response 

Comment IDs: 0189.001.002, 0855.001.004, 0969.001.002, 1050.001.004, 1055.001.002, 1073.001.002, 1089.001.002, 

1151.001.003, 1279.001.005, 1304-1.001.056, 1528.001.002, 1774.001.013, 1912.001.001, 1913.001.003, 2379.001.002, 

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Chapter 2 - Comment Documents Scope 

2382.001.001, 2382-1.001.001, 2382-1.001.003, 2382-1.001.004
 

Response: EPA appreciates the comments, however, these comments are outside the scope of this rule. 

Comment ID: 0183-1.001.001 

Response: This comment was submitted to the incorrect docket ID and is outside the scope of this rule. 

Comment ID: 0184-2.001.001 

Response: EPA agrees that water quality degradation is a negative environmental impact. EPA acknowledges the graph submitted 

by the commenter, which is not based on real numbers, but attempts to demonstrate how negative environmental and fishery 

management factors impact blue crab harvests in Florida. Please refer to the preamble to the final rule, in particular section II.A 

Nitrogen/Phosphorus Pollution regarding the adverse impacts of nitrogen/phosphorus pollution. EPA notes that Florida’s blue crab 

management regulations are outside the scope of this rulemaking. 

Comment ID: 1352-1.001.031 

Response: Under the Clean Water Act (CWA), Florida Department of Environmental Protection (FDEP) is the primary agency 

responsible for determining how to implement water quality programs in the State with oversight and support by EPA. As such, 

EPA defers to FDEP in administering applicable CWA programs consistent with the CWA and EPA’s implementing regulations. 

EPA will continue to work with FDEP in exercising EPA’s oversight authority of state-delegated CWA programs. 

Comment IDs: 2382-1.001.005, 2412-6.001.001 

Response: EPA appreciates the comments, however, comments submitted pertaining to Florida Department of Environmental 

Protection’s Proposed Water Reclassification Rule Amendment and Draft Process for Reclassifying the Designated Uses of Florida 

Surface Waters are outside the scope of this rule. 

Comment IDs: 1065.001.005, 1066.001.008 

Response: These are not comments on EPA’s rulemaking and therefore, do not require a response. 

Comment ID: 1257.001.005 

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Response: Regarding the potential cost to Florida, please refer to the preamble of this final rule, specifically section VI. Economic 

Analysis, and EPA's “Economic Analysis of Final Water Quality Standards for Nutrients for Lakes and Flowing Waters in Florida,” 

located in the docket (docket ID: EPA-HQ-OW-2009-0956) for this rulemaking, for cost estimates associated with implementation 

of the numeric nutrient criteria finalized in this rule and the assumptions upon which those estimates are based. 

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Chapter 2 - Comment Documents Comment Period 

CMT - COMMENT PERIOD 

Comment ID 0180-1.001.001 

Author Name: Braswell S. 

Organization: Florida Farm Bureau 

The Florida Farm Bureau Federation ("FFBF"), the state's largest general agricultural organization with more than 

140,000 member-families, requests that the Environmental Protection Agency ("EPA") extend the time for the Florida 

Farm Bureau Federation and other interested persons to comment on the proposed numeric nutrient water quality 

standards for the State of Florida. EPA is currently accepting comments from interested persons within sixty (60) days 

after publication in the Federal Register. 

An extension is necessary to allow interested persons an opportunity to provide meaningful comments on the proposed 

rules. Presently, significant rule-related information, including but not limited to the model(s) used to develop the 

numeric nutrient standards, is either not available or available only at its offices in Washington, D.C. As a result, 

interested persons in Florida, such as FFBF, do not have reasonable access to the data and information that is required 

to prepare meaningful comments in response to the proposed rules. In order for FFBF and other interested persons to 

adequately respond to the proposed rules, EPA should make all data and analyses underlying the proposed rule 

available to interested persons in disk format (e.g., DVD/CD-ROM) or for download via a publicly accessible File 

Transfer Protocol ("FTP") site. 

Even under ideal circumstances, sixty (60) days would be an insufficient amount of time for interested parties to prepare 

comments on the complex water quality standards that have been proposed. The lack of available data and information 

used to develop the proposed rules combined with the complexity of the proposed rules leaves FFBF unable to prepare 

meaningful comments. As a result, FFBF is denied the opportunity to provide meaningful comments, including 

comments on matters such as the data and science behind the proposed nutrient rules, compliance alternatives in 

response to the rules, and the cost of complying with the rules. 

FFBF requests that EPA extend the time to comment until sixty (60) days after interested persons have received all 

data from EPA on the numeric nutrient water quality standards in disk format or by download via a publicly accessible 

FTP site. 

Comment ID 0181.001.001 

Author Name: Stevens J. 

Organization: Florida Pulp and Paper Association 

I am writing on behalf of the Florida Pulp and Paper Association Environmental Affairs ("FPPAEA") to request that the 

Environmental Protection Agency ("EPA") extend the time for the Florida Pulp and Paper Association Environmental 

Affairs and other interested persons to comment on the proposed numeric nutrient water quality standards for the State 

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Chapter 2 - Comment Documents Comment Period 

of Florida. EPA has proposed that interested persons provide comments within sixty (60) days after publication in the 

Federal Register. FPPAEA requests that EPA extend the time to comment until sixty (60) days after interested persons 

have received all data from EPA on the numeric nutrient water quality standards as discussed further below. 

Such an extension is necessary to allow interested persons an opportunity to provide meaningful comments on the 

proposed rules. At this time, critical rule-related information - such as the model(s) used to develop the numeric nutrient 

standards - is either not available or available only at its offices in Washington, D.C. As a result, interested persons in 

Florida, like FPPAEA, do not have reasonable access to the data and information that is required to prepare meaningful 

comments in response to the proposed rules. EPA should make all data and analyses underlying the proposed rule 

available to interested persons on disk format (e.g., DVD/CD-ROM) or for download via a publicly accessible File 

Transfer Protocol ("FTP") site. 

FPPAEA has been working with the National Council for Air and Stream Improvement (NCASI) since October 2009 and 

has retained HydroQual, Inc. to assist in the preparation of its comments on the rules. Even under ideal circumstances, 

sixty (60) days would be inadequate time for parties to prepare comments on the standards. However, due to the lack of 

available data and information used to develop the proposed rules combined with the complexity of the proposed rules, 

it is impossible for NCASI and HydroQual to perform modeling or other analyses to assist FPPAEA with the timely 

preparation of its comments. As a result, FPPAEA is denied the opportunity to provide meaningful comments, including 

comments on matters such as the data and science behind the proposed nutrient rules, compliance alternatives in 

response to the rules, and the cost of complying with the rules. 

Again, FPPAEA requests that EPA extend the time to comment until sixty (60) days after interested persons have 

received all data from EPA on the numeric nutrient water quality standards on disk format or by download via a publicly 

accessible FTP site. 

Comment ID 0186-1.001.003 

Author Name: DuVal C. 

Organization: 

Sixty days of public comment does not seem adequate for Florida's scientists, regulators, industries, and interested 

parties to review the numbers being proposed to determine whether the number promote or inhibit water quality. 

Comment ID 0483-1.001.001 

Author Name: Crandall T. 

Organization: Pinellas County Utilities Department 

Please accept this letter from the Pinellas County Utilities Department ("PCU") to request that the Environmental 

Protection Agency ("EPA") extend the time for PCU and other interested persons to comment on the proposed numeric 

nutrient water quality standards for the State of Florida. EPA has proposed that interested persons provide comments 

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within sixty (60) days after publication in the Federal Register. PCU requests that EPA extend the time to comment until 

sixty (60) days after interested persons have received all data from EPA on the numeric nutrient water quality standards 

as discussed further below. 

Such an extension is necessary to allow interested persons an opportunity to provide meaningful comments on the 

proposed rules. At this time, critical rule-related information - such as model(s) used to develop the numeric nutrient 

standards - is either not available or available only at the EPA's offices in Washington, D.C. As a result, interested 

persons in Florida, like PCU, do not have reasonable access to the data and information that is required to prepare 

meaningful comments in response to the proposed rules. EPA should make all data and analyses underlying the 

proposed rule available to interested persons on disk format (e.g. DVD/CD-ROM) or for download via a publicly 

accessible File Transfer Protocol ("FTP") site. 

PCU has been following the rule development over the past year and is in the process of retaining experts to assist in 

preparation of its comments on the proposed rules. Even under ideal circumstances, sixty (60) days would be 

inadequate time for parties to prepare comments on the standards. However, due to the lack of available data and 

information used to develop the proposed rules combined with the complexity of the proposed rules, it is impossible for 

experts to perform modeling or other analyses to assist PCU with the timely preparation of its comments. As a result, 

PCU is denied the opportunity to provide meaningful comments, including comments on matters such as the data and 

science behind the proposed nutrient rules, compliance alternatives in response to the rules, and the cost of complying 

with the rules. 

Again, PCU requests that EPA extend the time to comment until sixty (60) days after interested persons have received 

all data from EPA on the numeric nutrient water quality standards on disk format or by download via a publicly 

accessible FTP site. 

Thank you for your consideration. Please feel free to contact me if you have any questions. 

Comment ID 0508-1.001.003 

Author Name: Wilson M. 

Organization: Florida Chamber of Commerce 

Earlier this month, Florida's Congressional delegation wrote to you, urging your agency to extend the public comment 

period and to host additional public hearings throughout Florida in order to provide the people of Florida with a 

meaningful opportunity to examine these complex new regulations. We wholeheartedly agree with their request. 

Comment ID 0508-1.001.009 

Author Name: Wilson M. 

Organization: Florida Chamber of Commerce 

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Chapter 2 - Comment Documents Comment Period 

In the midst of a once-in-a-generation recession and suffering from higher unemployment than the national average, 

Florida does not need new, ill-conceived federal regulations forced upon us without adequate public discussion and 

debate to ensure that all Floridians understand the costs this rule will impose upon our state. If your administration is 

truly committed to transparency and accountability, we urge you to extend the public comment period, add additional 

public workshops, and make your data and methodology more accessible to stakeholders. 

I would be more than happy to discuss this issue with you further should you have any questions about the Florida 

Chamber's position on this critical issue. 

Comment ID 0518.001.001 

Author Name: Stewart J. 

Organization: Florida Pulp and Paper Association Environmental Affairs, Inc. 

I am writing on behalf of the Florida Pulp and Paper Association Environmental Affairs ("FPPAEA") to request that the 

Environmental Protection Agency ("EPA") extend the time for the Florida Pulp and Paper Association Environmental 

Affairs and other interested persons to comment on the proposed numeric nutrient water quality standards for the State 

of Florida. EPA has proposed that interested persons provide comments within sixty (60) days after publication in the 

Federal Register. Again, FPPAEA requests that EPA extend the time to comment until sixty (60) days after interested 

persons have received all data from EPA on the numeric nutrient water quality standards as discussed further below. 

Under its own regulations, EPA is required to follow minimum requirements in public notification and consultation, on 

the premise that "[p]roviding information to the public is a necessary prerequisite to meaningful, active public 

involvement." 40 C.F.R. 25.4(b). Your agency is required to provide "technical information and assistance beginning at 

the earliest practicable time," with public access to the full documents permitted. 40 C.F.R. 25.4(b)(2). EPA is also 

obligated to provide central collections of "reports, studies, plans, and other documents relating to controversial issues 

or significant decisions in a convenient location or locations." 40 C.F.R. 25.4(b)(3). As part of its public notice 

requirements, EPA is required to notify parties of the location where relevant documents may be reviewed or obtained. 

40 C.F.R. 25.4(c). As part of its public consultation requirements, EPA is required to precede its consultation by timely 

distribution of information, which must occur sufficiently in advance of decision-making to allow EPA to assimilate public 

views into agency action. 40 C.F.R. 25.4(d). Because EPA has not made data available to the public in a timely fashion, 

in order to remain consistent with EPA's regulations on public notice and consultation, it is necessary and appropriate to 

extend the comment period for the proposed rule in this docket. 

On Friday, February 5, 2010, Danielle Salvaterra, of EPA's Office of Water, provided our scientists and engineers with a 

copy of a file named SAGT_CAF.zip, containing data essential to understanding the proposed criteria. Although EPA 

was apparently unaware of the omission, this file has not been made available to the public as part of the comment 

process. Our staff has expended a substantial amount of time in attempting to account for those lost data. Our review 

has been hampered by the unavailability of that file. In fairness to all of the commenting parties, and in order to meet 

EPA's public notice and consultation requirements, we believe it appropriate to allow additional time for review and 

comment to account for the time when those data were unavailable to the public. For the reasons stated in earlier 

correspondence, we believe it appropriate for EPA to extend the comment period. For the additional reasons stated in 

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this letter, we believe it appropriate, at a minimum, that the notice period should be re-set to account for the missing 

data described in this letter. We therefore submit that the comment period should be revised so that the deadline begins 

to run on February 5, the time at which the data were made publicly available. A sixty-day deadline is insufficient for a 

rule of this nature. However, even assuming the propriety of a sixty-day deadline, the comment period should not be 

deemed to begin until February 5, 2010. 

Again, FPPAEA requests that EPA extend the time to comment until sixty (60) days after interested persons have 

received all data from EPA on the numeric nutrient water quality standards on disk format or by download via a publicly 

accessible FTP site. 

Comment ID 0519-1.001.001 

Author Name: Herz W. 

Organization: The Fertilizer Institute 

The Fertilizer Institute (TFI), on behalf of its member companies, respectfully requests a sixty (60) day extension of time 

for submitting written comments in response to the Water Quality Standards for the State of Florida's Lakes and Flowing 

Rivers Notice of Proposed Rulemaking (NPRM), published by the Environmental Protection Agency (EPA) in the 

Federal Register on January 26, 2010 (75 Fed. Reg. 4174). 

Comment ID 0519-1.001.003 

Author Name: Herz W. 

Organization: The Fertilizer Institute 

TFI believes that 60 days is insufficient to respond to the NPRM. EPA is soliciting comments and data regarding EPA's 

proposed criteria for lakes and flowing waters, the derivation of these criteria, the protectiveness of the streams and 

rivers criteria for downstream waters, and all associated alternative options and methodologies discussed in this 

proposed rulemaking. 75 Fed. Reg. at 4177. The NPRM then solicits comments on over 80 specific issues and requests 

six separate data sets. 

To provide meaningful comments, stakeholders must have time to evaluate not only EPA's data, but also the $20 million 

worth of data that Florida Department of Environmental Protection has collected over the past decade. TFI notes that 

the technical support document in the docket for the NPRM includes 29 appendices and totals 1899 pages. 

TFI is aware that EPA signed a consent decree agreeing to finalize this rulemaking by October 15, 2010. TFI 

respectfully submits that a rulemaking that adheres to the existing schedule would fail to provide for meaningful public 

comment and EPA should exercise its rights under the decree to seek an extension of the October 15, 2010, deadline. 

Comment ID 0519-1.001.005 

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Author Name: Herz W. 

Organization: The Fertilizer Institute 

In addition, the schedule does not give EPA time to consider the advice of its own panel of experts that it has convened 

on developing nutrient criteria. EPA has requested the Science Advisory Board (SAB) to review the Agency's draft 

Technical Guidance on Empirical Approaches for Numerical Nutrient Criteria Development. The failure to follow EPA's 

peer review guidance and the failure to take into account the advice of the SAB would render this rulemaking arbitrary 

and capricious. 

For these reasons, TFI suggests that EPA invoke section X of the Consent Decree and seek an extension of the 

October 15, 2010, deadline that would allow the additional 60 days of public comment requested above, time for EPA to 

consider that public comment, time to obtain a peer review of the concept of downstream protective values and the use 

of the SPARROW model to derive these values, and time to consider the final recommendations of the SAB. 

Comment ID 0541-1.001.001 

Author Name: Andes F. 

Organization: Federal Water Quality Coalition 

The Federal Water Quality Coalition (the "Coalition") respectfully requests a sixty (60) day extension of time for 

submitting written comments in response to the Water Quality Standards for the State of Florida's Lakes and Flowing 

Rivers Notice of Proposed Rulemaking (NPRM), published by the Environmental Protection Agency (EPA) in the 

Federal Register on January 26, 2010 (75 Fed. Reg. 4174). 

Comment ID 0541-1.001.003 

Author Name: Andes F. 

Organization: Federal Water Quality Coalition 

The Coalition believes that 60 days is insufficient to respond to the NPRM. EPA is soliciting comments and data 

regarding EPA's proposed criteria for lakes and flowing waters, the derivation of these criteria, the protectiveness of the 

streams and rivers criteria for downstream waters, and all associated alternative options and methodologies discussed 

in this proposed rulemaking. 75 Fed. Reg. at 4177. The NPRM then solicits comments on over 80 specific issues and 

requests six separate data sets. 

To provide meaningful comments, stakeholders must have time to evaluate not only EPA's data, but also the $20 million 

worth of data that the Florida Department of Environmental Protection has collected over the past decade. The Coalition 

notes that the technical support document in the docket for the NPRM includes 29 appendices and totals 1899 pages. 

The Coalition is aware that EPA signed a consent decree agreeing to finalize this rulemaking by October 15, 2010. We 

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respectfully submit that a rulemaking that adheres to the existing schedule would fail to provide for meaningful public 

comment and EPA should exercise its rights under the decree to seek an extension of the October 15, 2010, deadline. 

Comment ID 0541-1.001.005 

Author Name: Andes F. 

Organization: Federal Water Quality Coalition 

In addition, the schedule does not give EPA time to consider the advice of its own panel of experts that it has convened 

on developing nutrient criteria. EPA has requested the Science Advisory Board (SAB) to review the Agency's draft 

Technical Guidance on Empirical Approaches for Numerical Nutrient Criteria Development. The failure to follow EPA's 

peer review guidance and the failure to take into account the advice of the SAB would render this rulemaking arbitrary 

and capricious. 

For these reasons, the Coalition suggests that EPA invoke section X of the Consent Decree and seek an extension of 

the October 15, 2010, deadline that would allow the additional 60 days of public comment requested above, time for 

EPA to consider that public comment, time to obtain a peer review of the concept of downstream protective values and 

the use of the SPARROW model to derive these values, and time to consider the final recommendations of the SAB. 

Comment ID 0543-1.001.001 

Author Name: Williams G. 

Organization: Florida Rural Water Association 

The Florida Water Environment Association Utility Council (FWEA Utility Council), Florida Section of the American 

Waterworks Association Utility Council (FSAWWA Utility Council), and Florida Rural Water Association (FRWA) hereby 

request that the Environmental Protection Agency (EPA) extend the comment period on its proposed numeric nutrient 

water quality criteria for the State of Florida until May 31, 2010. As provided in the proposed numeric nutrient criteria 

rule published in the January 26, 2010, issue of the Federal Register, EPA has only provided until March 29, 2010, for 

interested parties to submit comments. We believe that this timeframe for preparing and submitting comments is 

insufficient.

 EPA's proposed numeric nutrient criteria rule is lengthy, complex and based on substantial amounts of data and 

analysis. Our initial review of the proposed rule and supporting record reveals the unprecedented use of certain 

mathematical models and statistical methodologies to derive the proposed nutrient criteria. Enormous time will be 

required for us to complete a thorough review of EPA's proposed rule and its supporting record. Significant amounts of 

additional time will be necessary for us to fully evaluate the proposed rule's impacts and any potential problems and 

provide the considerable scientific, policy, and technical comments required by a rulemaking of this magnitude. 

Comment ID 0543-1.001.003 

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Author Name: Williams G. 

Organization: Florida Rural Water Association 

This proposed rule deserves unhurried consideration and adequate opportunity for public comment. 

A March 29, 2010, deadline for comments simply does not offer any meaningful opportunity for the FWEA Utility 

Council, FSAWWA Utility Council, FRWA, or other interested parties to fully review, analyze and prepare comments on 

the proposed numeric nutrient criteria, including with respect to the data and science that are the basis of the proposed 

rule; the methodology used in deriving the nutrient criteria; and the rule's application, impacts and any compliance 

issues. Again, we respectfully request that EPA extend the comment period for the proposed rule until May 31, 2010, to 

ensure interested persons have adequate opportunity to provide public comment on this important proposed rule. 

Comment ID 0543.001.001 

Author Name: Williams G. 

Organization: Florida Rural Water Association 

See attached joint request from Florida Rural Water Association, Florida Section of the American Water Works 

Association Utility Council, and Florida Water Environmental Association Utility Council to extend the comment period 

on EPA's proposed numeric nutrient water quality criteria for Florida. 

Comment ID 0544-1.001.001 

Author Name: Hornback C. 

Organization: National Association of Clean Water Agencies 

The National Association of Clean Water Agencies (NACWA) respectfully requests a sixty (60) day extension of time for 

submitting written comments in response to the Water Quality Standards for the State of Florida's Lakes and Flowing 

Rivers Notice of Proposed Rulemaking, published by the Environmental Protection Agency (EPA) in the Federal 

Register on January 26, 2010 (75 Fed. Reg. 4174). NACWA represents the interests of the nation's publicly owned 

wastewater treatment agencies, including 12 utilities in Florida, and believes additional time is warranted given the 

amount of information that will need to be reviewed before providing comments. 

Beyond the obvious impacts on NACWA's members in Florida, the proposal introduces new concepts that will likely 

have an impact on clean water agencies nationwide as states continue to develop and implement numeric nutrient 

water quality criteria. NACWA believes that 60 days is an insufficient amount of time to review and respond to the 

amount of information that EPA has released for comment, especially given the national precedent that EPA's actions 

could set. While some of the data have been available for public review through the Florida rulemaking process, EPA 

has introduced entirely new concepts including the downstream protective value methodology and the restoration 

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standard concept that require careful review. NACWA understands that EPA has signed a consent decree agreeing to 

finalize this rulemaking by October 15, 2010, but believes that EPA must not short-circuit a meaningful public comment 

period simply to meet this deadline. 

NACWA believes that EPA can still meet the deadline with an extended public comment period. If EPA should need 

more time to finalize the criteria, than EPA should exercise its rights under the decree to seek an extension of the 

October 15, 2010, deadline, rather than trying to meet the original deadline. 

Thank you for considering our request for a sixty day extension to the comment period deadline. 

Comment ID 0557.001.001 

Author Name: Fennell R. 

Organization: Coral Springs Improvement District 

I am writing as a member of the Florida Association of Special Districts (FASD) to request that the Environmental 

Protection Agency (EPA) extend the time for the Florida Association of Special Purpose Districts and its members to 

comment on the proposed numeric nutrient water quality standards for Florida. The EPA has proposed that interested 

parties provide comments within sixty (60) days after publication in the Federal Register . Coral Springs Improvement 

District (CSID) as a member of FASD request that the EPA extend the time to comment until sixty (60) days after 

interested parties have received all the data from the EPA on the numeric water quality standards. 

Comment ID 0557.001.003 

Author Name: Fennell R. 

Organization: Coral Springs Improvement District 

CSID in conjunction with FASD has been working with its consultants for the past year to determine the potential impact 

of numeric standards on the residents within the special districts and prepare the appropriate response and comments 

to the proposed rules. Under the best circumstances sixty (60) days to prepare adequate comments on the proposed 

standards is inadequate . With the lack of ready access to the model(s) and analysis as well as the complexity of the 

proposed rules it makes it impossible for the FASD and its members like CSID to analyze the data and information and 

prepare appropriate comments. This puts those of us directly impacted with the implementation and compliance of the 

proposed rules at a disadvantage to comment on and fully analyze the impact on the rate payers of our respective 

districts. This current proposed timeline also eliminates the ability of those directly impacted to formulate and propose 

alternative compliance criteria. 

Once again CSID as a member of FASD is requesting that the comment time be extended until sixty (60) days after all 

interested parties in Florida receive the information and data from the EPA regarding the proposed numeric nutrient 

standards . 

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Comment ID 0558.001.002 

Author Name: Aschauer Jr. F. 

Organization: Rose, Sundstrom & Bentley, LLP on behalf of the Clay County Utility Authority 

In that regard, the proposed rule, issued on January 26, 2010 and titled Water Quality Standards for the State of 

Florida's Lakes and Flowing Waters : Proposed Rule, requires that comments be supplied to EPA no later than March 

29, 2010.

 CCUA respectfully requests that the EPA extend the time to comment on this proposed rule an additional 60 days, 

thereby allowing an extended period for entities such as CCUA to review the proposed rule's voluminous Technical 

Support Document and prepare the type of meaningful, scientific comment requested by the EPA throughout its 

proposed rule . Without such an extension of time to comment, CCUA is justifiably concerned that its ability to provide 

meaningful, scientific comment may be hindered to CCUA's detriment. Furthermore, without such an extension there is 

a real possibility that the regulated community will be compelled to supply EPA with insufficient comments, as to the 

quality of comments, or, even worse, be precluded from supplying meaningful comments, all because of the short 

comment period provided in the proposed rule. 

Comment ID 0558.001.004 

Author Name: Aschauer Jr. F. 

Organization: Rose, Sundstrom & Bentley, LLP on behalf of the Clay County Utility Authority 

Indeed, granting this request will result in no prejudice to EPA and could possibly demonstrate EPA's willingness to 

work towards numeric nutrient criteria that represent a consensus of the many qualified scientists and other experts that 

will undoubtedly comment on the proposed rule, notwithstanding the abbreviated comment period. On the other hand, 

EPA denying this request can result in only one conclusion, to wit: EPA is only concerned with satisfying a courtordered deadline. 

Comment ID 0584-1.001.005 

Author Name: Holly C. 

Organization: Florida Association of Counties 

FAC also requests that you extend the public comment period for 60 days to allow more a more thorough technical 

analysis of this issue. There is simply too much at stake for Florida's economy to rush through this process. 

Comment ID 0596.001.006 

Author Name: Flowers J. 

11/19/2010 02:48 PM EST 2-1467
 
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Organization: City of Maitland 

Denial of Due Process 

The Rule is being fast-tracked on the state and not given appropriate time for the affected public to respond to the rulemaking process. Due process is being denied to the state's population . 

Comment ID 0599-1.001.001 

Author Name: Schwartz J. 

Organization: American Forest & Paper Association 

The American Forest & Paper Association (AF&PA) respectfully requests a 60- day extension of time for submitting 

written comments in response to the Water Quality Standards for the State of Florida's Lakes and Flowing Rivers Notice 

of Proposed Rulemaking (NPRM), published by the Environmental Protection Agency (EPA) in the Federal Register on 

January 26, 2010 (75 Fed. Reg. 4174). 

Comment ID 0599-1.001.003 

Author Name: Schwartz J. 

Organization: American Forest & Paper Association 

We believe that 60 days is insufficient to respond to the NPRM. EPA is soliciting comments and data regarding EPA's 

proposed criteria for lakes and flowing waters, the derivation of these criteria, the protectiveness of the streams and 

rivers criteria for downstream waters, and all associated alternative options and methodologies discussed in this 

proposed rulemaking. 75 Fed. Reg. at 4177. The NPRM then solicits comments on over 80 specific issues and requests 

six separate data sets. 

To provide meaningful comments, stakeholders must have time to evaluate not only EPA's data, but also the $20 million 

worth of data that the Florida Department of Environmental Protection has collected over the past decade. AF&PA 

notes that the technical support document in the docket for the NPRM includes 29 appendices and totals 1899 pages. 

Comment ID 0599-1.001.005 

Author Name: Schwartz J. 

Organization: American Forest & Paper Association 

In addition, EPA should consider the advice of its own panel of experts that it has convened on developing nutrient 

criteria. EPA has requested the Science Advisory Board (SAB) to review the Agency's draft Technical Guidance on 

Empirical Approaches for Numerical Nutrient Criteria Development. The failure to follow EPA's peer review guidance 

and the failure to take into account the advice of the SAB would negatively impact the scientific defensibility of this 

11/19/2010 02:48 PM EST 2-1468
 
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rulemaking. 

AF&PA members in Florida, through the Florida Pulp and Paper Association (FPPA), have already expended 

considerable resources undertaking a rigorous scientific and technical review of EPA's methodology and the underlying 

available data. They are committed to completing that review and to developing comprehensive comments on the 

NPRM. However, as has been made clear in their two requests for a comment period extension, all the relevant data 

were not available at the time of the Federal Register notice [1]. 

For these reasons, AF&PA suggests that EPA invoke section X of the Consent Decree that established the schedule for 

this rulemaking and seek an extension of the October 15, 2010, deadline included in the Consent Decree. Such an 

extension would allow adequate time for EPA to obtain a peer review of the concept of downstream protective values 

and the use of the SPARROW model to derive these values, and time to consider the final recommendations of the 

SAB. It also would allow time for EPA to grant a 60-day comment period extension to allow a thorough review of all the 

relevant data, some of which has only recently been made publicly available. 

[FN 1] Letters from Florida Pulp and Paper Association to EPA, dated January 24, 2010 and February 9, 2010. 

Comment ID 0632.001.002 

Author Name: Hodge R. 

Organization: Southeast Milk Incorporated 

Along with that, I do ask for more time in the comment period to allow these technical staff to hopefully help you make 

your decision. My one question is what is the rush? And I know what the answer is. The rush is because many 

individuals that challenge EPA in the courts were impatient; would not allow the systems that were in place, the 

partnerships, the coalitions that were working, none of those individuals were at the table working with us coming up 

with creative solutions, goal and plans and funding at the federal level to try and provide a cost share to farmers, 

businesses, and government entities. So why is EPA proposing this? It sort of reminds me of a NATO exercise where 

they bring a coalition of folks together to strategically look at how to strategic strikes so you limit casualties. Then all of a 

sudden someone returns in and says, they were late to the party and to the coalition, and from under pressure from 

other folks comes in and says no, we want immediate results. We don't care of about the casualties, car bombs; strikes 

are out of the window. That's what I get a sense from this process from this deadline that EPA agreed to. Your staff at a 

certain level -- I don't know how high it went up the ladder -- agreed to this timeline. And so you will not be surprised by 

the number responses that you're going to get under such a small time. So please allow us more time to educate you 

on our concerns and have the technical-minded folks communicate with you. 

Comment ID 0632.001.004 

Author Name: Hodge R. 

Organization: Southeast Milk Incorporated 

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They are working on a task force and will be providing you information in hopefully in the next couple of months. So 

indeed, those folks need more time, not just folks in the industry. 

Comment ID 0639.001.003 

Author Name: Carter K.
 

Organization: South Florida Water Management District
 

In closing, as I have 17 seconds and counting, this is not enough time. This is not enough time to create rules. This is 

not enough time for public comment, and we urge you to extend the comment period and allow more input from Florida 

where you got most of the science and most of the data from. Thank you. 

Comment ID 0640.001.009 

Author Name: Dudley S.
 

Organization: Florida League of Cities in Tallahassee
 

We hope that you can extend the time period for comment and work closely with all of the another effective parties to 

come up with a reasonable alternative and solution for these problems. Thank you. 

Comment ID 0649.001.002 

Author Name: Borkowski W. 

Organization: CF Industries 

Now with that, and my time up, I will close. Thank you for this opportunity. As a last request, we would like additional 

time to file comment. I would really recommend we have an additional 60 days to file comments to this trule. 

Comment ID 0660.001.005 

Author Name: Ward G. 

Organization: 

I think you need to respond with an extension of time for the rulemaking, the regulation making process, and I will look 

forward to supplying by the next deadline of 29 March a set of much more detailed comments. But this gives you the 

focus of the people of Florida, Mr. King, that you asked for. 

11/19/2010 02:48 PM EST 2-1470
 
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Comment ID 0665.001.002 

Author Name: Parsons P.
 

Organization: Florida Sugar Cane League
 

We concur with the requests of others who in correspondence and in requests today are seeking additional time for 

comment. 

Comment ID 0731.001.005 

Author Name: Hartney M.
 

Organization: Florida Fertilizer and Agrichemical Association
 

Here are the asks. We ask EPA to grant an extension of the comment period to allow more time to develop and submit 

technical comments. 

Comment ID 0738.001.006 

Author Name: Stewart R.
 

Organization: Florida Pulp and Paper Association
 

I'll go ahead and wrap up and you will get our substantive comments. We have submitted two letters requesting 

extensions. The 60-day commentary is far too short for a rule that's this complex and far-reaching. 

In addition, the two new regulatory initiatives that you implemented in the rule have to be understood and their impacts 

have to be understood. 

And, finally, data, we did not receive the underlying data, the complete set of underlying data until February 5th. So we 

weren't able to completely understand the rule. 

Comment ID 0739.001.008 

Author Name: Robbins K. 

Organization: Entrix 

Because of all of our concerns, we suggest that both the comment period for the EPA criteria be extended and that 

additional thought be put into the proposed EPA criteria. Thank you. 

11/19/2010 02:48 PM EST 2-1471
 
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Comment ID 0741.001.006 

Author Name: McLean J. 

Organization: City of Tampa 

extend the comment period 

Comment ID 0743.001.003 

Author Name: Rossman D. 

Organization: DCR Services 

In order to adequately address these issues, we believe the following items must be addressed prior to implementation 

of the new numeric nutrient requirements. We're requesting additional time to allow our employers in government 

agencies an opportunity to identify and evaluate all the challenges created by implementing the new regulations. 

Comment ID 0746.001.006 

Author Name: Long A.
 

Organization: Lowndes, Drosdick, Doster, Kantor & Reed 


Along with the overwhelming majority of those here, I also encourage you to extend the commenting period to allow for 

peer review of the information and for your review of the information as submitted. 

Comment ID 0767.001.005 

Author Name: Hurley M. 

Organization: NAIOP Central Florida 

Third, the EPA's public hearing and comment period fails to provide adequate time for interested parties to participate in 

this process. It is unrealistic to believe that meaningful public hearings can be conducted three weeks after the initial 

publication of this rule into the Federal Registrar. Three weeks is insufficient time to evaluate the regulations and 

provide meaningful comment. Furthermore, a 60-day period of the rule of this complexity is insufficient of time to allow 

for the analysis of scientific assumption behind the standards proposed by the regulation. 

Comment ID 0767.001.007 

Author Name: Hurley M. 

11/19/2010 02:48 PM EST 2-1472
 
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Organization: NAIOP Central Florida 

NAIOP of Central Florida respectfully objects to the regulations as proposed and requests that the comment period be 

extended to follow for a full and fair evaluation of the scientific data and methodology used for these standards. Thank 

you for your consideration to these very viable positions. Thank you very much. 

Comment ID 0774.001.005 

Author Name: Carter K. 

Organization: South Florida Water Management District 

And, lastly, as I said yesterday, we need more time to go through this rule and to give you public comment. We ask you 

to extend the public comment period including some more public workshops so you can hear from the stakeholders of 

Florida, the scientists of Florida, people's data that you view to set this criteria. Thank you for your time. We look 

forward to seeing you tomorrow in West Palm Beach. 

Comment ID 0815.001.007 

Author Name: Carter K. 

Organization: South Florida Water Management District 

Time, we hope you allow more time for this rule to go forward, and we definitely think you need to allow more time from 

input from stakeholders throughout our state. With that, I thank you for your time because I know the last three days has 

been very busy, and you've shown a lot of patience and understanding. Thank you. 

Comment ID 0821.001.001 

Author Name: Miedema B. 

Organization: Sugar Cane Growers Cooperative of Florida 

Good afternoon. My name is Barbara Miedema. I'm with Sugar Cane Growers Cooperative of Florida. We're located in 

Palm Beach County. We're made up of 46 individual grower/owner members. Most of our growers grow sugar cane as 

well as winter vegetables. We're here today to ask you respectfully to extend the time period for comments. We have a 

large technical team that's trying to understand the science and modeling assumptions behind this rule. They've been 

working 24/7 trying to get to the bottom of things so we can understand it. So please, we need some more time to have 

a thorough understanding of the science behind this. 

Comment ID 0821.001.007 

11/19/2010 02:48 PM EST 2-1473
 
Chapter 2 - Comment Documents Comment Period 

Author Name: Miedema B.
 

Organization: Sugar Cane Growers Cooperative of Florida
 

Please keep these comments in mind and consider extending the time frame, and give us a chance to work with the 

state for a comprehensive solution. Thank you. 

Comment ID 0857.001.002 

Author Name: Wedgeworth G.
 

Organization: Sugar Cane Growers Cooperative of Florida
 

First, we respectfully ask EPA to consider extending the time period for technical comments. We have a team of 

consultants who have been diligently digging into the science and modeling data used to come up with na proposed 

nutrient criteria. We further are trying to understand how the reference site approach, coupled with the protection of 

downstream waters overlay impacts the validity of what's necessary to protect the ecology and health of our canals. 

Comment ID 0857.001.005 

Author Name: Wedgeworth G.
 

Organization: Sugar Cane Growers Cooperative of Florida
 

The long laundry list of concerns over the proposed numeric criteria are too long to list today. We will be submitting a 

form letter and technical documents further enumerating our concerns. We ask EPA to extend the amount -- to extend 

the comment period. Let Florida develop a science-based solution to water quality concerns. Thank you. 

Comment ID 0896-2.001.002 

Author Name: * *
 

Organization: Lee County Board of County Commissioners
 

There is a 60-day public comment period within which you can submit written comments to EPA on the proposed rule. 

Comments must arrive at EPA's offices by March 29, 2010. There are also several public meetings where you can 

provide oral comments. 

Comment ID 0896-2.001.006 

Author Name: * * 

11/19/2010 02:48 PM EST 2-1474
 
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Organization: Lee County Board of County Commissioners 

• Due to the importance and complexity of the proposed standards, more time and public hearings are needed to 

consider the impact of these proposed new federal regulations, both from an economic and resource protection 

standpoint. 

Comment ID 0927.001.001 

Author Name: Collins J. 

Organization: 

Does EPA solicit comment son this and all other proposed rules from the 5 WMD districts in FL? AND DEP, county 

govn, Fish and Game and other govn entities that will enforce and benefit from the rule? Their experts should have 

great input into the structure and science and execution of all rules. 

Also internal EPA murder boards or review of rules by teams of EPA experts could be convened and breifed on current 

status of rule.... then their comments could be used to improve the rule. Maybe have NE comment on SE rules via 

recip[rocal agreement. Both EPA divisions would then benefit and the environment too. 

Comment ID 0933.001.009 

Author Name: Collins J. 

Organization: 

10. Scientific Methods. Not sure if present EPA method of requesting and receiving comments to proposed rules 

constitutes a true scientific method. It is participatory democracy. Does EPA target the true experts in this field for 

comments with letters or ads in tech journals? Does EPA solicit comments from leading Fl universities and colleges on 

proposed rules? Does EPA encourage developers, ranchers and farmers to comment thru web based notices to groups 

in those industries or areas affected by rules? 

Is there a systematic way to insure the best possible public comments? Comments for the most knowledgable people in 

the rule area? My wife heard aobut the rules on CH 13 broadcast one morning. If she had not tuned in that am we 

would have had no idea. Scientific methods mean that processes are desigend to be effective, repeateable, and viewed 

as acceptable. 

Have other states or countries applied nutrient levels to their waters and does there thus exist a set of lessons learned 

Fl could access? 

Comment ID 0983-1.001.003 

11/19/2010 02:48 PM EST 2-1475
 
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Author Name: Arnold B.
 

Organization: Board of Sumter County Commissioners
 

We appreciate the additional comment and public hearing opportunity you provided. 

Comment ID 1067.001.002 

Author Name: Carter K.
 

Organization: South Florida Water Management District
 

And perhaps more importantly, we really appreciate the EPA extending the comment period for 30 days for the written 

comments. As you are aware, it's a very -- a lot of information to go through in a short period of time, and the extra 30 

days definitely helps. 

Comment ID 1083.001.001 

Author Name: Hoffman C.
 

Organization: Collier County Farm Bureau
 

Hi. My name is Cody Hoffman, and I serve on the board for Collier County Farm Bureau. And the first I would like to 

say, I appreciate you extending the comment period and allowing us to talk today. 

Comment ID 1091.001.010 

Author Name: Lewis R.
 

Organization: Chamber of Commerce of Southwest Florida
 

In conclusion, the Southwest -- Chamber of Southwest Florida members stand ready to support and comply with 

numeric nutrient criteria. We ask that the EPA ensure sufficient time, such that we have a better understanding of the 

economic impacts and feasibility of these rules, especially with regard to implementation, and to consider and integrate 

the many and diverse efforts to protect Florida water that are already underway through the Southwest Florida and 

other regions of the state. And I thank you for your time and consideration. 

Comment ID 1107.001.005 

Author Name: Jones A.
 

Organization: Hillsborough County Public Works Department
 

11/19/2010 02:48 PM EST 2-1476
 
Chapter 2 - Comment Documents Comment Period 

In closing, we want to thank you for the opportunity to provide comments today, also for acknowledging our concerns 

with the previously-proposed downstream protection values, and for your continued cooperation in working with all of us 

in developing a reasonably and -- a reasonable and scientifically-defensible rule. Thank you 

Comment ID 1128.001.002 

Author Name: Blancher II E.
 

Organization: Sustainable Ecosystem Restoration LLC on behalf of CF Industries
 

I appreciate the U.S. E.P.A. extending the time available for public comments related to the rule and for this second 

round of public hearings, particularly given the sensitivity and complexity of nutrient issues in Florida. 

Comment ID 1128.001.012 

Author Name: Blancher II E.
 

Organization: Sustainable Ecosystem Restoration LLC on behalf of CF Industries
 

We ask that E.P.A. extend its final rulemaking beyond the current October deadline so that our comments along with 

the comments of many of Florida's other knowledgeable scientists can be appropriately considered so that an 

appropriate rule based on sound science can be promulgated. Thanks. 

Comment ID 1155.001.009 

Author Name: Kollinger R. 

Organization: Polk County 

We will be submitting comments prior to the April 28th deadline. And we do thank you for extending that deadline. 

Comment ID 1205.001.002 

Author Name: Deitche S.
 

Organization: G.P.I. Southeast on behalf of Eastern Associated Terminals
 

First of all, thank you for coming to Tampa and extending this public comment period so that appropriate numeric 

nutrient criteria are developed. 

Comment ID 1241.001.001 

11/19/2010 02:48 PM EST 2-1477
 
Chapter 2 - Comment Documents Comment Period 

Author Name: Latvala S. 

Organization: Pinellas County 

Good evening, my name is Susan Latvala, and I'm a Pinellas County commissioner. Thank you for coordinating the 

adoption of downstream protective values with a proposed estuarine water quality criteria, and most importantly, for 

extending the comment period to allow stakeholders more time to review the proposal. 

Comment ID 1244.001.002 

Author Name: Carter K.
 

Organization: South Florida Water Management District
 

We also appreciate the E.P.A. taking the opportunity to let us, the stakeholders, giving us another 30 days to make 

comments, written comments on your rule. There is still a lot of information to get through and to be comprehensive in 

our comments, but the extra 30 days have been very helpful. 

Comment ID 1254.001.002 

Author Name: Lovely S. 

Organization: Pinellas County Utilities 

As a participant, we want to thank you for delaying the proclamation of downstream protection values to the time frame 

when the 2011 estuary and coastal rulemaking will occur and extending the comment period. 

Comment ID 1255.001.002 

Author Name: McLean J. 

Organization: City of Tampa 

First let me thank you for extending the comment period, adding additional workshops, and for coordinating the 

proposed downstream protective value for streams discharging to estuaries with the proposed estuarine criteria in your 

rulemaking process. This is very much appreciated by the City. 

The City offered comments at the Orlando workshop and will submit written comments for your consideration. I offer just 

a few additional comments today. 

Comment ID 1301-1.001.004 

11/19/2010 02:48 PM EST 2-1478
 
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Author Name: Hodge R. 

Organization: Southeast Milk Incorporated 

Formal Comments: 

The written comment process has been one of the limited venues in which to comment on the proposed rule. As 

businesses operating in the State of Florida, SMI members are accustomed to having the opportunity to have 

constructive dialogue with regulatory entities. In our limited interaction at the EPA public hearings in February and April, 

it was stated that EPA was working closely with DEP, a statement with which DEP disagrees. While SMI had serious 

concerns with the DEP proposal, at a minimum SMI was given the opportunity to have productive dialogue with the 

state agency. 

Comment ID 1301-1.001.018 

Author Name: Hodge R. 

Organization: Southeast Milk Incorporated 

The proposed rule is procedurally invalid because EPA completely failed to afford notice and public consultation with 

interests located in the States of Alabama and Georgia, including member farms of Southeast Milk, Inc. Unless EPA 

modifies the rule, those interests will be substantially and adversely affected by the new regulation. 

Comment ID 1333.001.010 

Author Name: Hauck A. 

Organization: Council of Civic Associations 

Third, Mr. Silva's proposal delays the nutrient criteria with another round of scientific review and another round of 

consultations with the state, and another round of public hearings. This delay tactic and the separation of estuaries 

sounds political to us. 

Comment ID 1344.001.003 

Author Name: Carter K. 

Organization: South Florida Water Management District 

We also would like to thank you for extending the written comment period to April 28th. Still a lot of information to get 

through and analyze and to make comments on, but the additional time was definitely helpful and we will be submitting 

our written comments by the date of April 28. 

11/19/2010 02:48 PM EST 2-1479
 
Chapter 2 - Comment Documents Comment Period 

Comment ID 1364-1.001.001 

Author Name: Hall T. 

Organization: Lee County Board of County Commissioners Southwest Florida 

Please accept this letter as Lee County's (at times referred to as the "County") formal comments on the United States 

Environmental Protection Agency's ("EPA") Water Quality Standards for the State of Florida's Lakes and Flowing 

Waters, also known as "Numeric Nutrient Criteria" or the "Rule". The EPA has scheduled adoption of the Numeric 

Nutrient Criteria for October 2010. Lee County appreciates the fact that EPA has extended the comment period for the 

Numeric Nutrient Criteria for an additional 30-days. 

Comment ID 1370-1.001.028 

Author Name: Hanson R. 

Organization: Orange County Utilities 

15. EPA is not providing adequate time for stakeholder input to the regulatory process. 

Comment ID 1372-1.001.019 

Author Name: Phillips L. 

Organization: Gunster, Yoakley & Stewart, P.A., Attorneys at Law on behalf of United States Sugar Corporation (USSC) 

On behalf of our clients, the United States Sugar Corporation (USSC or U.S. Sugar), we thank you for the opportunity to 

submit comments on the January 26, 2010 proposed rule for Water Quality Standards for the State of Florida's Lakes 

and Flowing Waters, 40 CFR Part 131.43 (Nutrient Rule or Rule). We appreciate the extension of time through April 

28,2010, to submit comments. 

Comment ID 1372-1.001.020 

Author Name: Phillips L. 

Organization: Gunster, Yoakley & Stewart, P.A., Attorneys at Law on behalf of United States Sugar Corporation (USSC) 

EPA should consider all data submitted through the end of the comment period. Due to the complexities associated with 

developing this rule and the voluminous amount of data which must be evaluated to appropriately comment on the rule, 

a new comment period is warranted. 

Comment ID 1474-1.001.049 

11/19/2010 02:48 PM EST 2-1480
 
Chapter 2 - Comment Documents Comment Period 

Author Name: Herz W. 

Organization: The Fertilizer Institute 

TFI recognizes that the changes that it recommends are, in some cases, quite significant. Accordingly, if EPA decides 

to proceed with this rulemaking, TFI recommends that EPA issue a new NRPM, to provide notice and an opportunity to 

comment on the revised proposed criteria. 

Comment ID 1476-1.001.010 

Author Name: Wehle C. 

Organization: South Florida Water Management District 

Finally, given the far-reaching implications of the proposed rule and in the interest of open government, the District 

respectfully requests that EPA resubmit any change to the final rule to the public for additional analysis and comment. 

The District's attached comments have analyzed EPA's currently proposed methodology, and any alternative chosen as 

the basis for a Final Rule would not necessarily be a "logical outgrowth" of the proposed rule. 

Comment ID 1530.001.027 

Author Name: Aschauer Jr. F. 

Organization: Rose, Sundstrom & Bentley, LLP on behalf of the Clay County Utility Authority 

It is ironic that in EPA's settlement agreement[5] on the development of new recreational use criteria for beaches, EPA 

acknowledges that it is necessary to work through implementation issues prior to promulgating new criteria. In other 

words, EPA appears to recognize the value of allowing time for public comment, including detailed discussions with 

state agencies, on how criteria impact CWA programs (such as TMDLs, NPDES permitting, etc.), Given that EPA is 

introducing a totally new concept into the criteria it is proposing to promulgate for the state of Florida, EPA must allow 

adequate time for stakeholder review of this concept and resolution of issues that are identified. EPA should solicit input 

on how this concer will affect Florida's WQS and implementation procedures and NPDES permitting procedures.[6] 

[5] See Settlement Agreement on publishing new or revised recreational use criteria by October 2012 (NRCD v. EPA 

and Johnson; case number 2:06-cv-04843-PSG-JTL)(a copy of the Settlement Agreement is attached as Appendix 0). 

[6] See http://epa.gov/waterscience/criteria/recreation/update.html, a printout of which is attached hereto as Appendix 

P. 

Comment ID 1642-1.001.011 

Author Name: Tilton A. 

11/19/2010 02:48 PM EST 2-1481
 
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Organization: Water Resources Group on behalf of Johnson Engineering, Inc. 

I appreciate that the EPA extended the comment period for the Proposed Rule until April 28, 2010, because of the 

complexity of the subject matter. 

Comment ID 1715-1.001.001 

Author Name: Wilson C. 

Organization: Gunster, Yoakley & Stewart, P.A. on behalf of Everglades Agricultural Area Environmental Protection District 

On behalf of the Everglades Agricultural Area Environmental Protection District (EPD), we thank you for the opportunity 

to submit comments on the January 26, 2010, proposed rule for Water Quality Standards for the State of Florida's 

Lakes and Flowing waters, 40 CFR Part 131.43 (Nutrient Rule). We appreciate the extension of time through April 28, 

2010 to submit comments. � 

Attached please find the EPD's Technical Comment Paper on the Nutrient Rule as well as the "Joint Submittal" to the 

Administrative Record. Please include this letter, the attached Technical Comment Paper and the Joint Submittal, as 

part of the Administrative Record for the Nutrient Rule. 

Comment ID 1715-1.001.013 

Author Name: Wilson C. 

Organization: Gunster, Yoakley & Stewart, P.A. on behalf of Everglades Agricultural Area Environmental Protection District 

Based on the totality of these comments, the Nutrient Rule should not be finalized in its present form. At a minimum, 

USEPA should consider all data submitted through the end of the comment period. Due to the complexities associated 

with developing this rule and the voluminous amount of data which must be evaluate to appropriately comment on the 

rule, a new comment period is warranted. 

Comment ID 1785-1.001.001 

Author Name: Hall T. 

Organization: Lee County Board of County Commissioners Southwest Florida 

Dear Mr. Docket: 

Please accept this letter as Lee County's (at times referred to as the "County") formal comments on the United States 

Environmental Protection Agency's ("EPA") Water Quality Standards for the State of Florida's Lakes and Flowing 

Waters, also known as "Numeric Nutrient Criteria" or the "Rule". The EPA has scheduled adoption of the Numeric 

Nutrient Criteria for October 2010. Lee County appreciates the fact that EPA has extended the comment period for the 

11/19/2010 02:48 PM EST 2-1482
 
Chapter 2 - Comment Documents Comment Period 

Numeric Nutrient Criteria for an additional 30-days. 

Comment ID 1792-1.001.008 

Author Name: Putnam A. 

Organization: United States House of Representatives 

On March 3, 2010, EPA Administrator Lisa Jackson stated that her agency will "review the rigor" of their science. While 

this gesture is appreciated, it is unfortunate that the results of this review are not available for the public before the 

close of the comment period. Moreover, conducting a review mere months before the court-imposed implementation 

deadline may do little to ease public concerns. Instead, it could raise more questions as to the quality of the review. 

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Chapter 2 - Comment Documents Comment Period 

Comment ID 1800-1.001.012 

Author Name: Gong S. 

Organization: CH2M HILL 

Overview 

Again, we appreciate this opportunity to provide these comments for EPA's consideration. While there are other notes 

and comments that could be offered beyond those presented above, we have elected to constrain our input to these 

major concerns. If EPA's procedures and timeline for further NNC refinement can be modified to accommodate more 

input, we would welcome additional opportunities to do so. However, we recognize that substantial input is likely to 

occur from the range of interested stakeholders, and that the months ahead between now and October 2010 will likely 

not include many other such opportunities. We hope you can integrate these notes with similar comments received from 

others, and that some form of reply will be provided in the administrative record. 

Thank you for your efforts supporting an inclusive rule making process. Should questions arise regarding this 

correspondence, please feel free to contact me at sgong@ch2m.com or via the phone numbers listed above. 

Comment ID 1837-1.001.014 

Author Name: Brom M. 

Organization: PCS Administration, Inc., and White Springs Agricultural Chemicals, Inc. doing business as PCS Phosphate- White 

Springs 

The citizens of the State of Florida are accustomed to regulatory processes conducted in an open, interactive manner. 

No stage of EPA's work to this point has met that expectation. We request that any further work on this proposed rule 

prOVide meaningful opportunities for public interaction, adequate time and access for review of any technical or 

supporting information being relied upon by the Agency, and peer review of scientific methodologies. This process 

should also include interaction with commenters as the Agency considers its responses. 

Comment ID 1943.001.006 

Author Name: Woehlcke L. 

Organization: 

6. I think public access to information was inadequate for a rule-making. As far as I can see what was provided the 

public was list of sources and documents that is 167 pages long without providing an electronic indexing and searching 

capability for the documents and within the documents to help get the public to the key parts of the input on which each 

member may wish to focus. At least I could not find a way to do this. 

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Chapter 2 - Comment Documents Comment Period 

Response 

Comment IDs: 0180-1.001.001, 0181.001.001, 0186-1.001.003, 0483-1.001.001, 0508-1.001.003, 0508-1.001.009, 0518.001.001, 

0519-1.001.001, 0519-1.001.003, 0519-1.001.005, 0541-1.001.001, 0541-1.001.003, 0541-1.001.005, 0543-1.001.001, 

0543.001.001, 0543-1.001.003, 0544-1.001.001, 0557.001.001, 0557.001.003, 0558.001.002, 0558.001.004, 0584-1.001.005, 

0596.001.006, 0599-1.001.001, 0599-1.001.003, 0599-1.001.005, 0632.001.002, 0632.001.004, 0639.001.003, 0640.001.009, 

0649.001.002, 0660.001.005, 0665.001.002, 0731.001.005, 0738.001.006, 0739.001.008, 0741.001.006, 0743.001.003, 

0746.001.006, 0767.001.005, 0767.001.007, 0774.001.005, 0815.001.007, 0821.001.001, 0821.001.007, 0857.001.002, 

0857.001.005, 0896-2.001.002, 0896-2.001.006, 0927.001.001, 0933.001.009, 0983-1.001.003, 1067.001.002, 1083.001.001, 

1091.001.010, 1107.001.005, 1128.001.002, 1128.001.012, 1155.001.009, 1205.001.002, 1241.001.001, 1244.001.002, 

1254.001.002, 1255.001.002, 1301-1.001.004, 1301-1.001.018, 1333.001.010, 1344.001.003, 1364-1.001.001, 1370-1.001.028, 

1372-1.001.019, 1372-1.001.020, 1530.001.027, 1642-1.001.011, 1715-1.001.001, 1785-1.001.001, 1792-1.001.008, 1800­

1.001.012, 1837-1.001.014 

Response: EPA published proposed numeric nutrient criteria for Florida’s lakes and flowing waters on January 26, 2010. EPA’s 

proposal initially provided for a 60-day public comment period, which was scheduled to end on March 29, 2010. Given the 

importance of providing the citizens of Florida with the opportunity to understand the content and implications of the proposed rule 

and to allow sufficient time to submit comments, EPA supported requests to extend the public comment period, in conjunction with 

holding additional public hearings. As a result, the Agency extended the initial public comment period deadline by an additional 30 

days for a 90-day public comment period. Comments were required to be submitted to EPA by April 28, 2010. 

EPA also held a total of 13 public hearing sessions in 6 different cities in Florida (Tallahassee, Orlando, and West Palm Beach in 

February 2010, and Fort Myers, Tampa, and Jacksonville in April 2010). 

EPA believes that the extended comment period resulting in a 90-day public comment period, in conjunction with the additional 

public hearings (resulting in a total of 13 public hearing sessions held in six different cities throughout the State), provided 

sufficient time and opportunity for all interested parties to perform a thorough review of the proposed regulation and provide 

meaningful public comment to EPA. EPA disagrees that the Agency’s Consent Decree deadline to finalize numeric nutrient criteria 

for Florida’s inland waters with this final rulemaking adversely affected EPA’s public comment process or impeded EPA’s 

thorough review, consideration, and analysis of the comments submitted. 

On June 7, 2010, EPA and Plaintiffs filed a joint notice with the Court extending the deadlines for promulgating numeric nutrient 

criteria for Florida's estuaries and coastal waters, flowing waters in south Florida (including canals), and the downstream protection 

values for flowing waters into estuaries and coastal waters. The new deadlines are November 14, 2011 for proposing this second 

phase of criteria, and August 15, 2012 for publishing a final rule for these three categories. This will allow EPA time to hold a 

public peer review by EPA’s Scientific Advisory Board (SAB) of the scientific methodologies for estuarine and coastal criteria, 

flowing waters in south Florida, and downstream protection values for estuaries and coastal waters. 

Based upon comments and new data and information received during the public comment phase of the January 2010 proposed rule, 

on August 3, 2010 EPA published a supplemental notice of data availability and request for comment related to the Agency’s 

January 26, 2010 notice of proposed rulemaking. In its supplemental notice, EPA solicited comment on a revised regionalization 

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Chapter 2 - Comment Documents Comment Period 

approach for streams, additional information and analysis on least-disturbed sites as part of a modified Benchmark Distribution 

Approach, and additional options for developing downstream protection values (DPVs) for lakes. EPA did not solicit additional 

comment on any other provisions of the January 2010 proposal. Responses to comments submitted during the public comment 

period associated with the supplemental notice are also included in this Comment Response Document. 

On October 8, 2010, EPA filed an unopposed motion with the Court requesting that the deadline for signing the final rule be 

extended to November 14, 2010. The Court granted EPA's motion on October 27, 2010. EPA used this additional time to review 

and confirm that all comments were fully considered. 

As a result, EPA believes it has provided sufficient opportunity for meaningful public comment and review. 

Comment IDs: 0180-1.001.001, 0181.001.001, 0483-1.001.001, 0518.001.001, 0738.001.006, 1943.001.006 

Response: EPA disagrees that public access to information was inadequate for this rulemaking and notes that the data were 

available through EPA’s docket (EPA-HQ-OW-2009-0596) on www.regulations.gov with adequate time for organizations to 

sufficiently analyze the data and science using to derive the numeric nutrient criteria finalized in this rule, compliance alternatives 

in response to the rule, and the cost of complying with the rule. 

Comment IDs: 1301-1.001.018, 0933.001.009 

Response: EPA reminds the commenter that the Agency’s federal rulemaking public comment process, consistent with the 

Administrative Procedure Act section 553, is intended to afford all persons a meaningful opportunity to participate in and comment 

on the rulemaking through submission of written data, views, or arguments with or without opportunity for oral presentation. EPA 

believes that the extended comment period resulting in a 90-day public comment period, in conjunction with the additional public 

hearings (resulting in a total of 13 public hearings held in six different cities throughout the State), provided sufficient time and 

opportunity for all interested parties to perform a thorough review of the proposed regulation and provide meaningful public 

comment to EPA. EPA also reminds the commenter that the methods EPA used in its proposal went through an independent, 

external scientific peer review in July 2009. The results of this independent, peer review were made available through EPA’s 

docket (EPA-HQ-OW-2009-0596). 

Comment IDs: 0518.001.001, 0738.001.006 

Response: EPA would like to clarify the misconception that the data file named SAGT_CAF.zip was omitted from EPA’s data 

DVD, which contains the data used to understand and derive EPA’s proposed numeric nutrient criteria and that this file was not 

made available to the public as part of the comment process. EPA’s original data DVD, which was made available through EPA’s 

docket office, contains the SAGT_CAF.zip file. However, as notified by a commenter, this zip file had inadvertently omitted one 

specific database file (edacda_sagt.dbf) needed to open a particular GIS coverage. This file was uploaded to the docket and added 

to EPA’s data DVD once the omission was brought to the Agency’s attention in February with sufficient time for interested parties 

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Chapter 2 - Comment Documents Comment Period 

to perform a thorough review of the data and science used in EPA’s rule. EPA also points out that this specific file 

(edacda_sagt.dbf) pertains to the derivation of downstream protection values for estuaries; a component of EPA’s 2010 rulemaking 

that has been moved to EPA’s 2011 rulemaking. 

Comment IDs: 1474-1.001.049, 1476-1.001.010, 1715-1.001.013 

Response: EPA notes that the Agency does not need to issue a re-proposal of the rule and provide a second public comment period 

before finalization because all items included in EPA’s final rule constitute a logical outgrowth of EPA’s January 26, 2010 

proposed rule and subsequent August 3, 2010 supplement notice of data availability and request for comment. 

Comment IDs: 0519-1.001.005, 0541-1.001.005, 0599-1.001.005 

Response: EPA disagrees that the Agency's rulemaking schedule does not allow EPA time to consider the advice of peer 

reviewers. EPA followed the procedures outlined in its Peer Review Handbook (EPA/100/B-06/002) by having the methods EPA 

used in its proposal to establish numeric nutrient criteria for Florida's lakes and flowing waters reviewed by an external peer review.

 The mechanism that EPA chose to conduct the review was through independent experts from outside the agency (e.g., a letter 

review by outside scientists). This independent, external peer review was completed in July 2009 and the results were made 

available through EPA’s docket (EPA-HQ-OW-2009-0596). EPA considered and responded to these peer review comments prior 

to proposal (EPA Responses to External Peer Review of EPA, EPA-HQ-OW-2009-0596-0155). 

With regard to the Science Advisory Board (SAB)'s recent review of an EPA draft guidance document for states to use when 

deriving numeric nutrient criteria using stressor-response relationships: The SAB reviewed EPA’s draft technical guidance on 

Empirical Approaches for Numeric Nutrient Criteria Development. Stressor-response relationships are one of three general 

approaches that EPA recommends for states to use when deriving numeric nutrient criteria. EPA has previously published peerreviewed general guidance documents that outline these three approaches. The SAB reviewed a supplemental guidance document 

that provided more detail on one of the three general approaches. EPA has used stressor-response approaches in this final rule and 

has benefited from the advice the SAB gave to EPA based on the SAB review of the Agency’s draft technical guidance on 

Empirical Approaches for Numeric Nutrient Criteria Development in September 2009. 

Comment IDs: 0544-1.001.001, 0599-1.001.005, 0857.001.002, 1107.001.005, 1241.001.001, 1254.001.002, 1255.001.002, 

1333.001.010, 1476-1.001.010, 1530.001.027 

Response: EPA notes that on June 7, 2010, EPA and Plaintiffs filed a joint notice with the Court extending the deadlines for 

promulgating numeric nutrient criteria for Florida's estuaries and coastal waters, flowing waters in south Florida (including canals), 

and the downstream protection values for flowing waters into estuaries and coastal waters. The new deadlines are November 14, 

2011 for proposal and August 15, 2012 for publishing a final rule for these three items. This will allow EPA time to have the 

scientific methodologies for deriving the numeric nutrient criteria included in the November 2011 rulemaking peer-reviewed by 

EPA’s Science Advisory Board. EPA also notes that the Agency’s proposed restoration water quality standard will not be finalized 

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Chapter 2 - Comment Documents Comment Period 

in this rulemaking. Please refer to the preamble of this final rule for clarification on EPA’s decision not to finalize EPA’s proposed 

restoration water quality standard. 

The preamble to this final rule, in particular section III. Numeric Nutrient Criteria for Streams, Lakes, and Springs in the State of 

Florida, discusses the derivation of the numeric nutrient criteria, derived to account for the natural variability exhibited in Florida's 

lakes and flowing waters. EPA relied on an extensive amount of Florida-specific data and technical analyses to derive scientifically 

defensible numeric nutrient criteria. EPA reminds commenters that water quality criteria are set to protect the designated uses of 

waters. Criteria are not set at levels based on whether they are affordable for dischargers to meet. 

EPA recognizes there will be complex issues involved in implementation of numeric nutrient criteria and looks forward to working 

with Florida as the State implements these federal criteria while it moves to adopt its own criteria in the future. EPA also reminds 

commenters that the Agency has pointed out several instances of flexibility to Florida in several aspects of this final rule where 

demonstrated to be appropriate. Please refer to the preamble to this final rule, in particular section V. Alternative Regulatory 

Approaches and Implementation Mechanisms, for more explanation regarding site-specific alternative criteria and other state 

mechanisms. 

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