The city of Bradenton is negotiating with environmental groups that have vowed to file a federal lawsuit against the city in January unless the city takes steps to avert repeated sewage spills into surrounding waterways.
Environmental groups including Suncoast Waterkeeper, Our Children’s Earth Foundation and Tampa Bay Waterkeeper sent the city a 60-day litigation notice on Nov. 4 that accuses the city of repeated violations of the federal Clean Water Act. The letter calls on city officials to take accelerated steps to improve and maintain the city’s water treatment plant, collection system and other components of the system that guards against water infiltration.
“The groups are in discussions with the city about how to work collaboratively to address the city's wastewater infrastructure needs and the violations outlined in our notice letter,” Justin Bloom, Suncoast Waterkeeper’s founder, said in an email to the Florida Record. “The city's plans and investments demonstrate that they are trying to address the problem, but we feel that after years of inadequate investment in their system, the current efforts are inadequate.”
If the parties are unable to reach an agreement to address the reported sewage contamination of Wares Creek, Palma Sola Creek, Lower Tampa Bay and other waterways, the environmental groups plan to file suit in the Middle District of Florida. A potential court order could impose civil penalties against the city of more than $50,000 per day, according to the notice letter.
“We hope to be able to resolve the dispute by focusing on solutions instead of litigation and feel that the city's approach is the same,” Bloom said.
Suncoast Waterkeeper and other groups have pursued settlements with St. Petersburg, Gulfport, Sarasota County and Largo to address municipal sewage issues.
Bradenton officials did not respond to requests for comment about the environmental groups’ allegations, which include concerns that repeated releases of sewage and pollutants such as household solvents, pesticides and pharmaceuticals have contributed to regional seagrass losses and harmful algal blooms.
“According to Bradenton’s own reports, within the last four years, over 160 million gallons of raw and partially treated sewage was dumped into the Manatee River, bypassing the city’s treatment plant,” the notice letter states.
A negotiated settlement complete with upgrade timelines and a federal consent decree makes more sense than protracted litigation, the environmental groups said in their letter to city officials.