Map to Rockledge City Hall

Talking Points for March 10 Public Hearing on ASR Well Testing,

Facts to consider:

1. ARSENIC: Arsenic, a very dangerous and highly carcinogenic contaminant, would be released into groundwater by injecting oxygen rich water. Cycle testing of ASR wells in Cocoa, Port Canaveral and around the state caused arsenic releases at levels above EPA groundwater standards.

2. CONTAMINATION OF THE AQUIFER: Normally, cycle testing uses potable water, but to save money the City is planning to use reclaimed water as will be used when in operation.  This sewage wastewater, containing birth control chemicals, prescription drugs, fecal coliform, personal care products, plasticizers, endocrine disruptors, and a long list of carcinogenic contaminants, would be injected directly into the Floridan aquifer 370 to 470 feet deep.  Once polluted, our Underground Source of Drinking Water (USDW) would be contaminated permanently.

3. HIGHLY FRACTURED, NON-CONFINING AQUIFER: According to a 2008 letter by Rockledge’s ASR engineers, Jones, Edmunds and Associates (JEA), the top of the Floridan aquifer in Rockledge is: “highly fractured with large conduit flow zones.”  Geologists consider the confining layer, the layer that separates the surficial aquifer from the Floridan, to be too thin (less than 35 feet) to prevent the upward flow of injected sewage wastewater into the surficial aquifer and the Indian River Lagoon.  At least 480 private wells are known to exist within one mile of the injection site.  82 of those wells are into the Floridan aquifer, 353 wells are surficial and 45 are of unknown depth.

4. RECOMMENDATIONS IGNORED: Despite the 2004 JEA Reuse Study that stressed conservation and metering as an integral part of short- and long-term reclaimed water solutions, the City has delayed implementing these steps until recently and only after spending millions of dollars on the ASR well.  Conserving reclaimed water through metering, enforcement and public education campaigns would save more than 50% of reclaimed water and make an ASR well unnecessary. Additionally, initial estimates of city growth and reclaimed water projections proved inaccurate and have not been updated.

5. WATER RIGHTS:  The City was required by the FDEP and Florida Rule 62-610.563(6) to own and operate all potable wells within a one mile radius of the injection site because the proposed injections would contaminate the aquifer and pose a risk to public health. The 2006 “well ban” ordinance was enacted without personal notice to the approximately 2,000 property owners in the one-mile radius.  No compensation has been offered to owners with private wells for contaminating their well water – this constitutes an inverse taking of water rights.

6. ALL PAY, FEW BENEFIT: Citizens of Rockledge were taxed for the ASR well and reclaimed water lines, however just 15% have access to  reclaimed water.

7. EXPERIMENTAL INJECTIONS: The City is proposing to inject 230 million gallons of reclaimed water over a two-year period to conduct the cycle tests.  Actual recovery rates are unknown but a percentage of the injected water would never be recovered.  The FDEP does not impose any recovery requirement; the only criteria is being “economically feasible”.

8. NOT CONSERVATION: In conjunction with the ASR well system, the City plans to annually extract 78 million  gallons from the Upper Floridan Aquifer to augment the reclaimed water system. That’s equivalent to 52 Cocoa Water Towers each year.

9. SAFE SOLUTIONS: The top priority should be to protect and conserve clean water, such as the Floridan aquifer under Rockledge.  Conserving water used in homes by encouraging water saving toilets, shower heads, and washers, also reduces wastewater amounts.  Reclaimed water can be conserved by metering the users, and adopting a rate structure, estimated to save  50% or  more of Rockledge’s reclaimed water.  Encouraging homeowners to landscape with Florida friendly plants that survive without maintenance or irrigation would further reduce demand. Reclaimed water can be safely stored in above ground storage tanks.  Don’t pollute our Underground Source of Drinking Water to water lawns.

Download these talking points in pdf format, also the poster (jpeg format).

Location map: Rockledge Wastewater Treatment Plant

For the location of the library, click on this link.

For Immediate Release:

January 5, 2010

Canaveral Port Authority (CPA) contaminated the aquifer and a stormwater pond at the Port with unsafe levels of arsenic while testing an Aquifer Storage and Recovery (ASR) well.  On January 4, 2010, the Brevard based environmental group, Save Our Aquifer (SOA), sent a letter to the Canaveral Port Authority (CPA), the St. Johns River Water Management District (SJRWMD), and other State and Federal officials regarding the possible release of unsafe levels of arsenic into Waters of the United States at Port Canaveral.

SOA discovered the information via a public records request from the Canaveral Port Authority office.  The Canaveral Port Authority Aquifer Storage and Recovery Cycle Test Report (July 2008) shows cycle testing of their Aquifer Storage and Recovery (ASR) well released arsenic above Environmental Protection Agency (EPA) safety standards into the surrounding aquifer and nearby stormwater ponds that outflow into Waters of the United States.

In 2008, Tetra Tech Inc., the ASR engineering firm hired by CPA, performed three consecutive cycle tests for an ASR well over a four month period.  High rates of arsenic were seriously problematic during all three cycle tests of the ASR well.  Results of the tests are outlined in the report.  At only 35 to 60 feet in depth, this is the shallowest ASR well in the state of Florida.

The Florida Department of Environmental Protection (FDEP) and the EPA limit arsenic to 10µg/l for groundwater and drinking water safety.    The 10µg/l (10 parts per billion) standard is considered to be high.  Even waters that meet this standard have been associated with a risk of greater than 1 in 400 for bladder cancer or lung cancer according to the study “Arsenic in the Drinking Water: 2001 Update, National Academies’ National Research Council.”

When cycle testing began in February 2008, background arsenic concentrations were “0″ (zero) or “ND” (Not Detected), according to Tetra Tech’s report.  After cycle testing, arsenic levels at the injection sites were two to seven times FDEP and EPA permitted levels.  Arsenic readings in the nearby stormwater storage pond spiked to 19µg/l.  The elevated arsenic levels in the stormwater ponds were noted in test data submitted, but were not mentioned in the narrative explanation of test results.

It appears the SJRWMD, which holds the permit for the stormwater ponds, was not notified by the CPA or Tetra Tech that the cycle testing caused arsenic-laden water to flow into the nearby stormwater ponds which outflow directly into Port waters near Glen Cheek Drive.  There is no evidence the restaurants, businesses, or people using Port waters in this area were notified of the potential danger posed by the release of this high-level arsenic stormwater.   Also put at risk were marine species, including the endangered manatee, sea turtles, and wood storks.

“Arsenic is naturally present but bonded to the sand.  Oxygen introduced with the injected water broke the bond and released the arsenic into the aquifer and groundwater,” said Mark Jacobs (SOA).

“Arsenic is a highly poisonous element.  The Port and the other communities in Brevard who are considering utilizing ASR wells to store their sewage wastewater need to realize the many dangers this process poses for our water ways and water supplies,” said Amy Mosher (SOA).

“The stormwater ponds at the Port were designed to capture stormwater runoff, with overflow mechanisms that channel excess runoff into Port waters.  They were not designed to treat arsenic-laden waters,” said Dick Glenn (SOA).  “We don’t know how much arsenic-contaminated water overflowed into the Port waters and the nearby Banana River.”

“The Florida Department of Environmental Protection has called these types of ASR wells “experimental”.  It appears this well has not only been a costly experiment in terms of taxpayer dollars, it has been a risky experiment with unknown consequences to the health of our groundwater and waterways, including the Indian River Lagoon system,” said Kathy Reinhold (SOA).

STORY CONTACT: Save Our Aquifer
Richard Glenn:  (321) 298-6726
P.O. Box 251 Cocoa FL 32923,
email:  info@saveouraquifer.org
website: www.saveouraquifer.org

*** Read the letter that was received by the Canaveral Port Authority and State and Federal agencies: click here (pdf)

Overloaded Sewers Lead To ‘Toxic Waters’ (December 17, 2009)

http://www.npr.org/templates/story/story.php?storyId=121529243

How Safe Is Your Drinking Water? (October 19, 2009)

http://www.npr.org/templates/story/story.php?storyId=113927993

On May 6th, less than 36 hours after the May 4, ASR “Public Forum” in Viera, three Save Our Aquifer members spoke at the Rockledge City Council meeting in an attempt to get Council members’ opinions regarding the information presented at the Forum. SOA members were met with blank stares and not one comment. SOA put extensive energy and resources into the Forum that was suggested by Georgia Phillips on April 1st after she made a motion to cancel an advertised “Public Hearing” regarding the well and hold the Forum. SOA asked Mr. McKnight after the May 6 Council meeting what the City’s plan was. He said he would have to see if the Council had any questions and go from there…. However, on the morning of May 6 Mr. McKnight had already sent a group email to Council members private email accounts that read: “I am attempting to bring JEA down for individual meetings with City Council one day during the month of June. Please notify me of what dates YOU ARE NOT available during that month. We will set time slots that best accommodate individuals. Thanks. James P. McKnight, City Manager, City of Rockledge, Florida.” It was not until July that SOA found out that Council members met secretly behind closed doors. The over three hour May 4 Public Forum was an opportunity for Council to submit questions and make informed decisions but instead they plotted to meet secretly behind closed doors with JEA and rehash, and again be persuaded by their engineering firm’s mis-information.

By Karen Ahlers
Published: Sunday, May 24, 2009 at 6:30 a.m.

I was mistreated at a St. Johns River Water Management District meeting – again.

I was at the May 12 Governing Board meeting to speak for the Putnam County Environmental Council (PCEC) on behalf of concerned and even irate citizens regarding withdrawals from the St. Johns and Ocklawaha rivers and the legal challenge our organization has filed to the district’s plan.

I was there to remind the board of citizen objections and PCEC’s petition for review before the governor and Cabinet, and to respectfully request that they deny the adoption of yet another addition, the Fourth Addendum, to the district’s Water Supply Plan.

I wanted to encourage them to act on their own doubts and fears for the health of our rivers and to slow down – take advantage of the economic downturn, Florida’s flat population statistics- and give conservation measures a chance.

However, I was given only three minutes to plead before the board. In contrast, numerous members of the legal staff of the district were given as much time as they wanted to rebut my remarks in an attempt to discredit me and other objectors and to forward their agenda with the board. I was given no opportunity to offer an explanation or follow-up comments. No doubt, if PCEC could have afforded the expense of having its attorney present, things may have turned out differently.

Had I been given the time, I would have told the board that the Yankee Lake permit they approved last month, despite tremendous public opposition, was added to the district’s Water Supply Plan in the legally challenged Third Addendum that, because of PCEC’s challenge, has yet to be finalized.

I would have asked why district staff continues to assess water supply potential from the St. Johns and Ocklawaha rivers based on questionable minimum flows and levels and why they insist on playing word games in their designation of these rivers as alternative water supply sources to avoid having to base potential yields on wet-weather flows as the law requires.

While the district touted the fact that they have held over 400 public meetings regarding water supply planning, this meeting was yet another example of how they rule through intimidation of both the public and their own Governing Board and have put our state into an untenable situation with regard to our fundamental right to a sufficient supply of clean water. They claim their plans are “in the public interest,” but the only folks we’ve found that believe that are developers, utilities, paid consultants and district staff.

PCEC members and other citizens have been kicked out of meetings, intimidated by legal staff and ridiculously expensive legal consultants, limited to as little as 90 seconds to make comments, and deprived of legitimate access to Governing Board members.

Approximately 400 citizens took time off from work, drove long distances, and stood in the hot sun a month ago so they could express their frustration and ire with the district’s plans to pump water through hundreds of miles of pipeline to support unbridled growth. Disheartened by the way they were treated, most of them stayed away this time.

As if the situation at the SJRWMD isn’t bad enough, the Florida Legislature has passed a bill, SB 2080, that gives the five water management district executive directors the power to grant consumptive use permits and environmental resource permits without the benefit of Governing Board review and with almost no opportunity for public input. Charles Lee of Audubon of Florida urged the Governing Board to adopt a resolution asking Gov. Crist to veto this legislation. Mr. Lee’s plea was vehemently shot down by SJRWMD Executive Director Kirby Green at the end of the meeting. At a governing
board workshop last fall, he explained how the district gets more done when they “fly under the radar” and this bill will allow them to do just that, making decisions for us instead of with us. Mr. Green obviously likes the idea of being one of five, non-elected district water czars with the power to control Florida’s water resources.

PCEC is astounded that Governing Board members from all five water management districts are not outraged at this power grab that would effectively establish a statewide water board of just five people who operate as they wish with no oversight, an idea that was patently dismissed at the 2008 Florida Water Congress.

I urge everyone to call Gov. Crist at 850-488-7146 and ask that he veto SB 2080.

What are citizens to do when the democratic process ceases to provide them with opportunities to work within the system?

The citizens of Florida need to demand that an advocate be provided to them by the state, the same way the citizens, through their tax dollars, provide legal staff for the districts.

Karen Ahlers is president of the Putnam County Environmental Council in Palatka. E-mail her at www.pcecweb.org.

Response to the ACLU is requested by May 29, after which a suit may be brought against the City if they continue denying SOA’s desire to place signs.

I just saw a SJRWMD commercial that featured a man literally swimming in his St. Augustine lawn.

The District add was geared to ask people not to over-water their, guess what…. LAWNS.

Living proof that SJRWMD is heavily motivated by the perfect green turf grass lawn.
Have you seen the “Water Wise” billboards that have a close up photo of pop up sprinkler heads and perfect St. Augustine grass?

True conservation of the water resource would feature completely sustainable, native Florida front yards that don’t need irrigation, fertilizers, pesticides, and assorted gasoline powered lawn machines. But what would the lawn industry, fertilizer and pesticide producers and turf grass industry have to say about saving over 50 percent of potable water from being used on thirsty lawns?

EDIT: PSA Podcast download

These are some of my observations from the April 13th SJRWMD Governing Board marathon meeting that I sent to Riverkeepers and the others that I have been networking with and met at the meeting…

From Neil’s quotes in the Jacksonville Times (article) it looks like they are not giving up!
I am relieved to read Riverkeepers will continue to fight this special interest project to build a pipeline from the Saint Johns River, an American Heritage River, to Seminole County through black bear habitat. This project is all about $od. It became obvious to me that the District Governing board is little more than a turf grass special interest board. The pipeline to augment reclaimed water in Seminole county with less that 1 million gallons a day… FOR LAWNS, amazing. So “Public Benefit” is future development and lawns…

Note: Seminole County does not project a need for the “potable” water for another 6 years but wanted to get their pinky toe in the door with the withdrawal of 900,000 gallons of water a day to augment the Seminole County reclaimed water supply, for lawns.

The need for this pipeline does not exist. NEPA looks at need and the need to build a pipeline through critical bear habitat, to pipe Saint Johns river water to augment a reclaimed water system for turf grass is not a critical need. The Seminole County Conditional Use Permit (CUP) was approved by a 5-4 vote, without the cumulative impact study being complete and without Seminole County utilizing all conservation measures to conserve water. Over 50 percent of potable water is used on lawns.

The pipeline from the Saint Johns River, to Seminole County, through black bear habitat has not been approved. FDEP is the permitting agency for the pipeline.

My other thought is… WHAT IS PUBLIC INTEREST?

How can the District and Administrative law judge Rule this is in the public interest? Who where all the thousands of people who signed the petitions and sent emails and drove, sat in overflow rooms, and spoke at the meeting? Hundreds showed their opposition in attending and speaking at the meeting. Even Seminole County residents came to speak in opposition to the CUP. One person spoke in favor, the other, Bill Kerr who used to be the chairman of the District Board, remarked that the district board had only one choice and that was to follow the order of the judge. In the public interest? District Technical Staff have said the Rockledge sewage wastewater ASR well in Rockledge is in the Public Interest too. What public interest?

Another Questionable action by District Staff:

District Staff purposefully withholding all ex-parte communications from the Governing Board members for months was terrible too. The Governing board had seen none of the with held emails until two hours before the vote. Over nineteen thousand emails were sent to the governing board, and those emails were printed and counted only 2 hours before the vote. Also, Seminole Co. Board member Ertle should have recused himself from voting on the CUP permit for conflict of interest reasons.

“I’m absolutely convinced there will be no harm to the river,” said board member David Graham of Jacksonville.

Voting with him and approving the CUP were Susan Hughes, Douglas Bournique, Ann Moore and Michael Ertel, who is Seminole County’s supervisor of elections. Board members who voted against the CUP were: Leonard Wood, Hersey “Herky” Huffman, Hans G. Tanzler III, Arlen N. Jumper. See the board bio’s below…

The District Governing board’s repeated praise of the District Technical Staff is a total facade!!! The whole thing was so transparent April 13, 2009.

Very very informative and eye-opening. I am so glad we attended and stuck it out to the end, 7 1/2 hours in all.

We all are effectively exposing who the District and their governing Board are in the public eye. These people at Saint Johns River Water Management District (SJRWMD) are not protecting the water resources, they are EXPLOITING the resources. No doubt these issues need to be taken to the Federal level.

Amy Mosher
FLOW: For Love of Water. A MUST SEE 2008 documentary exposing the truth about who is in charge of the worlds water.