Numeric Nutrient Criteria In Florida David Guest . 2005 Massive Algae - - PowerPoint PPT Presentation

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Aug 03, 2023 167 likes •684 views

Numeric Nutrient Criteria In Florida David Guest . 2005 Massive Algae Outbreak Algae Was Extremely Toxic Human Contact With St. Lucie River Was Unsafe Takings Case Against The Corps Of Engineers United States Court Of Claims Case Barred By Statute

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Numeric Nutrient Criteria In Florida

David Guest

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.2005 Massive Algae Outbreak

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Algae Was Extremely Toxic

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Human Contact With

St. Lucie River

Was Unsafe

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Takings Case Against The Corps Of Engineers

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United States Court Of Claims

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Case Barred By Statute Of Limitations

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Toxic Algae Is A Problem Throughout Florida

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Toxic Algae Poisons Drinking Water

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Algae Bloom Came From Lake Okeechobee

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Toxic Algae In The Little Wekiva River

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Algae Outbreaks Destroy Property Values

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Visit Florida?

Red Tide Bloom Approaching Little Gasparilla Island

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Tourism Is Essential To Florida’s Economy

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Florida’s Narrative Standard: Green Slime = Too Much Nutrients

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Co‐operative Federalism: EPA Oversees Clean Water Act Implementation By States

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1998 EPA Clean Water Action Plan =

Determination That Numeric Nutrient Criteria are “Necessary”

Florida DEP Nine Years Late on Developing

Numeric Limits On Sewage, Fertilizer, And Manure Pollution

EPA’s “Necessity” Determination Triggers a

“Mandatory” Duty to Promptly Establish Numeric Nutrient Criteria

Clean Water Act Citizen Suit:

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January 14, 2009 Determination

Ben Grumbles, EPA Assistant Administrator For Water In Bush Administration Narrative Standard Is Ineffective Numeric Limits Needed In Florida

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Florida DEP Secretary Endorsed Bush EPA’s Determination “The new numeric water quality standards will help Florida…”

January 16, 2009 Press Release

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August 2009 Settlement

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If DEP Can’t Beat The Problem In 15 Months – EPA Will Need To Step In

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Reaction To The Proposed Consent Decree

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2009 DEP Proposed Nitrogen And Phosphorus Limits for Dark Tannin Lakes

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2009 DEP Proposed Limits For Clear Lakes

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2009 DEP Proposed Limits for Streams

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DEP’s 2009 Watershed Regions For Streams

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2009 DEP Proposed Limits for Springs

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Water Quality Standards Apply To The Water Body

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Effluent Limits Apply At End Of Pipe

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Summer 2009: DEP Balked Under Pressure From Polluting Industries

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So EPA Adopted DEP’s 2009 Proposed Rule

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Some Industries Were Not Satisfied

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Lake Worth Drainage District

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Reverse Osmosis For All Discharges?

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Legal Challenges To EPA’s Rules

1. Federal

Takeover Of State’s Right To Set Pollution Limits

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2. EPA’s Determination Of Necessity

Did Not Consider Crucial Information

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3. EPA’s

Rule Is A “One Size Fits All” Standard

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4. EPA’s

Science Is Wrong

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5. The Problem Is Already Solved Through

The TMDL Program

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Polluting Industries Sought A Budget Rider

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DEP Recently Proposed An Extremely Complex Nutrients Rule

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And An Even More Complex Impaired Waters Rule

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Conservationists Challenged Both – DEP Rules Won’t Stop Toxic Algae

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Polluting Industries Intervened To Defend DEP’s Rule

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The Case Is Under Advisement

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Federal Rule Upheld – Will Take Effect Unless A Valid DEP Rule Is Approved

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Florida’s Waters: Are We Joining The Developing World?

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