Judge Approves Historic EPA Settlement: EPA and Florida Must Set Limits on Fertilizer and Animal Waste Pollution in State Waters. The Polluters’ Arguments Rejected in Favor of the Environment
A federal judge in Tallahassee today approved a historic consent decree which requires the U.S. Environmental Protection Agency to set legal limits for the widespread nutrient poisoning that triggers harmful algae blooms in Florida waters. The change in federal policy comes 13 months after five environmental groups filed a major lawsuit to compel the federal government to set strict limits on nutrient poisoning in public waters. And the press release states:
Nutrients like phosphorous and nitrogen poison Florida’s waters every time it rains; running off agricultural operations, fertilized landscapes, and septic systems. The poison runoff triggers slimy algae outbreaks which foul Florida’s beaches, lakes, rivers, and springs more each year, threatening public health, closing swimming areas, and even shutting down a southwest Florida drinking water plant.
Ruling from the bench, U.S. District Judge Robert Hinkle rejected arguments made by polluters who sought to delay cleanup and get out of complying with the Clean Water Act. Florida Agriculture Commissioner Charles Bronson, the Florida Pulp and Paper Association, four of the state’s five water management districts, sewage plant operators, the Florida Farm Bureau, and others tried to derail the settlement.
Today’s action has nationwide implications. Currently, Florida and most other states have only vague limits regulating nutrient pollution. The U.S. EPA will now begin the process of imposing quantifiable – and enforceable -- water quality standards to tackle nutrient pollution, using data collected by the Florida DEP.
“The Clean Water Act is strong medicine,” said Earthjustice attorney David Guest. “The EPA can now get on with the work of setting standards that will clean up our waters. We’re hoping to see safe drinking water, clear springs, lakes and rivers again.”
A 2008 DEP report concluded that half of the state’s rivers and more than half of its lakes had poor water quality. The problem is compounded when nutrient-poisoned waters are used as drinking water sources. Disinfectants like chlorine and chloramine can react with the dissolved organic compounds, contaminating drinking water with harmful chemical byproducts.
Exposure to these blue-green algae toxins – when people drink the water, touch it, or inhale vapors from it - can cause rashes, skin and eye irritation, allergic reactions, gastrointestinal upset, serious illness, and even death. In June 2008, a water treatment plant serving 30,000 Florida residents was shut down after a toxic blue-green algae bloom on the Caloosahatchee River threatened the plant’s water supply.
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