The below is great news and a precedent action for the protection of a cave like Mill Creek Sink. Today, the highest law enforcement official in the state of Florida has intervened because there is a potential for damage to a water filled cave from actions occurring on another's property. In another post I talked about remaining positive because cave divers have the moral high ground since our aim is to protect Florida's assets. This is the purpose of the statute cited and is terrific news.
The statute cited 403.412(5) Environmental Protection Act.-- states in part:
5) In any administrative, licensing, or other proceedings authorized by law for the protection of the air, water, or other natural resources of the state from pollution, impairment, or destruction, the Department of Legal Affairs, a political subdivision or municipality of the state, or a citizen of the state shall have standing to intervene as a party on the filing of a verified pleading asserting that the activity, conduct, or product to be licensed or permitted has or will have the effect of impairing, polluting, or otherwise injuring the air, water, or other natural resources of the state.
Attorney General Crist's intervention sets the precedent for us as citizens of the state the right to intervene even if the political subdivision involved refuses to lift a finger and it puts the developer in a position to defend their actions.
Regards /Ken
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OFFICE OF THE ATTORNEY GENERAL
THE CAPITOL
TALLAHASSEE, FLORIDA 32399-1050
CHARLIE CRIST
Attorney General
State of Florida
FOR IMMEDIATE RELEASE
Contact: JoAnn Carrin
March 28, 2006
850-245-0150
Crist: Wakulla Springs Must Be Protected
TALLAHASSEE – Attorney General Charlie Crist today filed a petition
to intervene in a challenge to a proposed permit renewal involving Wakulla
Springs. Both Wakulla Springs and the Wakulla River are classified as
Outstanding Florida Waters which require greater protection by law.
Wakulla Springs State Park is one of Florida’s most appealing tourist
attractions.
The Attorney General’s petition seeks to join challenges to the
pending proposed permit renewal which the City of Tallahassee is seeking.
Wakulla County, the Florida Wildlife Federation and a citizen of the county
filed those challenges based upon concerns that excessive nitrogen
pollution from the city’s sprayfields has and will continue to damage the
river and the springs.
“Wakulla Springs as one of our most pristine and valued bodies of
water must be protected for future generations,” said Crist. “This is a
case where extra steps must be taken to protect this state treasure.”
The Department of Environmental Protection published a Notice of
Intent to Issue a permit for the T.P. Smith Water Reclamation Facility
which is owned and operated by the City of Tallahassee. The permit
challenge is to ensure that the permit renewal would allow the city to
operate their wastewater sprayfields only if the water from the fields does
not contribute to the pollution of the springs.
It is widely believed that groundwater beneath the sprayfields
flowing into the Springs and River add to the excessive levels of nitrogen.
This adds to increased amounts of hydrilla and algae in the springs and
causes the loss of native vegetation, small animals, and sometimes the
rare birds that feed on them.
The Attorney General is specifically authorized by statute to
intervene in the case under Chapter 403.412(5) Florida Statutes. The office
has taken action in the past to protect the springs, successfully
intervening in 1995 against Wakulla County in a comprehensive plan
proceeding.
Today’s filing follows the Attorney General’s letter to Tallahassee
Mayor John Marks on March 14. The possibility of this action was mentioned
as an option should there be a failure to reach an agreement between the
parties.
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Disclaimer: The views and opinions expressed in this email are strictly those of the author and are not the official position of the Wakulla County Board of County Commissioners unless otherwise stated.
Please note: Florida has a very broad public records law. Most written communications to or from county officials regarding county business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure.


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