Clean Water Network Florida

Clean Water Network of Florida

Issues - TMDLs: Total Maximum Daily Loads

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TMDL Basics

The Basic Problem

The Clean Water Act was passed in 1972 by Congress to make America's water fishable and swimmable once again. It was a gift to every American who wants to leave a legacy of clean rivers, lakes, and estuaries to their children and future generations.

Over the decades however, special interests have used their influence through campaign contributions to politicians to create loopholes for polluters. The result is that today 54% of our waters in Florida are still too polluted for fishing and swimming.

The Florida Department of Environmental Protection is trying to destroy the heart and soul of the Clean Water Act with a new state regulation.

The Impacts

Polluted water wastes money and degrades quality of life. Consider the following facts about Florida waters:

  • Beach closings - In 1999, local health departments issued at least 671 closings and advisories, plus 6 extended (484) days) and 18 permanent closures of beach swimming areas. Total days closed was 1,155 plus 18 permanent. These closings were reported from only limited statewide monitoring.
  • Mercury contamination - Two-thirds of Florida's lakes and streams have fish so contaminated with mercury that more than one serving per month is unsafe for women and children, and more than 1 serving per week is unsafe for other adults.
  • Toxic chemicals in water - EPA reports that over 2 million pounds of toxic chemicals were dumped in Florida waters in 1999.
  • Pollution violations - EPA reports that Florida is 2nd in the nation for the number of sewage plants and industrial facilities that are violating their permits.
  • Florida has 1,579,762 acres of shellfish harvesting area that have been classified statewide. Of that total only 16.68% are approved for harvesting.

What's Going on Now

The Clean Water Act requires states to create a "polluted waters" list and set pollution limits (TMDLs) for those waters that will make them fishable and swimmable again.

But the Bush administration and the Florida DEP are trying to pass a new rule that will make it very difficult to get polluted waters on the clean-up list.

The Clean Water Act says that you as a citizen can participate in keeping waters clean in your community. If you have problem waters in your town, you can tell DEP about the problems and get the water into the clean-up program. It is imperative that Governor Bush and DEP Secretary David Struhs hear from you today. Let them know that their proposed "dirty-water rule" is unacceptable.

You can keep up to date on the progress of the "Dirty Water Rule" either by following the court case or reading about it in statewide newspapers (selected articles available).

TMDL Fact Sheet

Statewide Workshops

The Clean Water Network conducted TMDL workshops around Florida during summer 2002. Below is some of the information that was made available. If you have more questions, contact Leah Ellington.

Workshop Information Packet:
  • What's Wrong with the "dirty water" rule?
  • Sources of Water Quality Information
  • Comparison of the 1998 and 2002 Draft Verified Lists: Compare:

    See what has been listed for clean-up and taken off the clean-up list by the DEP! These comparison lists were created by Leah Ellington of Clean Water Network of Florida.

    • In Group 1:
      Revised 2/1/07
      (which includes waterbodies in these basins: Ochlockonee-St. Marks, Suwannee, Ocklawaha, Tampa Bay, Everglades West Coast, Lake Okeechobee)
      • 2002 Clean Water Network of Florida comment letter on Group 1.
      • 2003 Clean Water Network of Florida comment letter on EPA's decision document pertaining to Group 1.
    • In Group 2:
      Revised 2/1/07
      (which includes waterbodies in these basins: Apalachicola-Chipola, Lower St. Johns, Middle St. Johns, Tampa Bay Tributaries, Charlotte Harbor, St. Lucie Loxahatchee)
    • In Group 3:
      (which includes waterbodies in these basins: Choctawhatchee-St. Andrew, Upper St. Johns, Sarasota Bay Peace-Myakka, Caloosahatchee, Lake Worth Lagoon Palm Beach Coast)
    • In Group 4:
      (which includes waterbodies in these basins: Fisheating Creek, Kissimmee, Nassau-St. Marys, Pensacola Bay, Southeast Coast/Biscayne Bay, Withlacoochee)
    • In Group 5:
      (which includes waterbodies in these basins: Perdido River, Upper East Coast, Indian River Lagoon, Springs Coast, Everglades, Florida Keys)

    SW FL Fertilizer Resolution

    Sanibel City Mayor Mick Denham, who is also the chairman of the committee who proposed the fertilizer resolution to the Southwest Florida Regional Planning Council is spearheading the effort to get Sanibel's fertilizer ordinance (or something similar) in other areas of SW Florida. The Mayor has been talking to the fertilizer industry in good faith and was surprised to find out that they were pushing an amendment to prohibit local governments from passing their own fertilizer ordinances.

    Read All About It!

    Read some of the TMDL/"Dirty Water Rule" articles from around the state.


    Federal TMDLs

    Press Releases

    Federal Lawsuit

    In 2002 Clean Water Network of Florida sued EPA for allowing Florida DEP to use the Impaired Waters Rule (IWR) instead of Florida's approved water quality criteria to assess the condition of Florida's waters. In May 2003, the 11th Circuit in Atlanta ruled in our favor and sent the case to the District Court for a trial. Before the trial could be held, EPA admitted that they had allowed Florida to illegally use the IWR in lieu of Florida's approved water quality criteria. The 11th Circuit also said:

    "In this case, the district court was obliged to determine whether the Impaired Waters Rule had the practical effect of loosening Florida’s water quality standards. To undertake that analysis in a meaningful way, it is necessary to examine whether there were waterbodies that were equally polluted both before and after the Impaired Waters Rule took effect, but that were classified differently depending on whether or not the Rule was used.Id. at 1090. According to the Eleventh Circuit, "if waterbodies that under pre-existing testing methodologies would have been included on the list were left off the list because of the Impaired Waters Rule, then in effect the Rule would have created new or revised water quality standards, even if the language of the regulation said otherwise."

    The lower court has refused to accept the higher court's ruling and the case is now back in the 11th Circuit for the last aspect of the IWR to be finally decided. But meanwhile, about 75% of the IWR was declared by EPA to be an illegal change to Florida's water quality standards. This means that the 5 lists of impaired waters that Florida has constructed is null and void.

    Citizens should not rely on DEP's lists of impaired waters. Every water body segment that was listed in 1998 on Florida's 303(d) list, is still on the list, plus anything that DEP has added in the meantime. Be sure to refer to our charts of impaired waters to find out the current status of the waters in your community.

    The initial document in the federal TMDL case (FPIRG, Save Our Suwannee, Friends of the St. Sebastian, Sierra Club, Linda Young vs. US EPA, EPA Region 4) is available for viewing as a Word file.