A state appeals court has overturned an action by Florida environmental regulators, finding that state efforts to protect Florida’s bubbling natural springs fell short because they did not adequately take into account nonpoint pollution sources, such as farm fertilizers.
A panel of the First District Court of Appeals on Feb. 15 concluded that the Florida Department of Environmental Protection violated state law by not identifying pollutant loads from nonpoint sources when the agency drafted its basin management action plans.
The opinion will cause FDEP to draft new BMAPS for the springs of the Suwanne, Santa Fe and Ichetucknee rivers, in addition to Rainbow, Silver and Volusia springs, according to the Florida Springs Council, one of the plaintiffs in the litigation.
Environmentalists say the FDEP needs to act quickly to develop better plans to reduce nutrient loads in the springs and to better protect wildlife in the wetland regions, including Florida Manatees.
“To be effective and have any teeth, BMAPs have to show who’s causing the most pollution, where polluters or the state need to do more and how much reduction is needed,” the lead attorney for the petitioners, John Thomas, said in a prepared statement. “That’s what the ruling requires.”
The FDEP is now evaluating “a path forward” in the wake of the appeals court decision, according to a statement emailed to the Florida Record.
“We have remained steadfast in our efforts to invest in nitrate-reducing capital projects (wastewater, stormwater and nonpoint source pollution control projects) and water-quantity projects to protect and restore springs as well as in conserving and acquiring land in spring recharge zones to prevent nitrate contamination,” FDEP spokeswoman Alexandra Kuchta said.
Over the past four years, the state has spent $250 million on spring restoration efforts, according to Kuchta. The department’s actions include working with local governments and others to move forward on restoration projects, she said.
The state’s springs provide recreational opportunities to Florida residents and visitors alike and are a source of drinking water for 90 percent of Floridians, according to the department. Environmentalists have raised concerns about how pollution from septic tanks and agriculture may compromise the springs.