Governor Ron DeSantis today awarded [Read more…] about Governor Ron DeSantis Awards $20 Million for Water Quality Improvement Projects in Biscayne Bay
Biscayne Bay
Citizens groups reject inadequate State enforcement of FPL’s violations of Clean Water Act on Biscayne Bay
Citizen groups say Clean Water Act lawsuit needed now more than ever
Since concerned conservation groups filed the federal Clean Water Act lawsuit against Florida Power & Light (FPL) on July 13, 2016, FPL has attempted to thwart citizens’ efforts to hold the utility accountable for its ongoing pollution in Biscayne Bay. The latest effort is FPL’s argument that the State’s inadequate and untimely enforcement deal with FPL deprives citizens of their rights under the Clean Water Act. FPL’s argument will be heard at 10 a.m. ET on August 3, 2017, in the U.S. District Court, Southern District of Florida before Magistrate Judge Alicia M. Otazo-Reyes at the C. Clyde Atkins Courthouse, 301 North Miami Avenue. The Southern Alliance for Clean Energy (SACE), Tropical Audubon Society (TAS) and Friends of the Everglades (FOE) view FPL’s motion to dismiss as another example of the utility’s ongoing efforts to delay addressing the underlying causes of their Turkey Point facility’s polluting of Biscayne Bay.
Contaminated water leaking from FPL’s failing cooling canal system at Turkey Point has polluted and continues to pollute the Biscayne Aquifer, a sole-source aquifer that provides drinking water to more than 3 million people in the region and to the neighboring Biscayne National Park. In addition, there is clear evidence of contamination of the surface waters of Biscayne National Park caused by discharges from the cooling canal system. This has created the necessity for this citizen suit under the Federal Clean Water Act. Pollution has been documented since 2010 in lower levels, but a March 2016 study from the Miami-Dade County Division of Environmental Resource Management (DERM) and a study by the University of Miami have clearly shown the pollution’s pathway and origin, and how additional contaminants continue to be flushed into the surrounding environment by the actions of FPL.
These reports show Turkey Point’s failing cooling canal system is effectively an “open industrial sewer” with discharges that contains a slew of pollutants including ammonia, phosphorus, total nitrogen, high salinity levels and tritium. Tritium, a radioactive isotope of hydrogen produced by nuclear reactors during routine operations, is often found as a groundwater contaminant at nuclear plants. Elevated levels of radioactive tritium have been documented in both surface and groundwater outside the Turkey Point complex. This information confirms that a growing plume of hyper-saline water and other pollutants have migrated in all directions, leading to consistent pollution of Biscayne Bay. Because tritium is only being produced within the Turkey Point nuclear reactors, its presence provides undeniable evidence that these other contaminants are also coming from the Turkey Point power complex.
Even though FPL represents that they have the situation under control, the citizen lawsuit continues to be a “vote of no confidence” in their proposed remedies. The citizen groups maintain that mechanical draft cooling towers are the best available control technology to fix the underlying problems at Turkey Point, and closing the open industrial cooling canals is the only way to stop the ongoing pollution at Biscayne Bay and prevent additional groundwater contamination at the site.
This is why citizens filed a suit under the Clean Water Act, as stated in the original filing:
FPL has violated and continues to violate its NPDES Permit by unauthorized discharges of pollutants, including, but not limited to, excess salinity, phosphorus, ammonia, TKN (Total Kjeldahl Nitrogen — a measurement of nitrogen levels), total nitrogen, and radioactive tritium, into waters of the United States in Biscayne Bay. Additionally, FPL has violated its NPDES Permit by discharges of hyper-saline water contaminated with radioactive tritium into ground water, threatening the water supply for Miami-Dade County and the Florida Keys. FPL has also violated the CWA by causing violations of water-quality standards in Biscayne Bay, which is protected from degradation as Outstanding National Resource and Outstanding Florida Waters.
…
Section 301(a) of the Clean Water Act, 33 U.S.C. § 1311(a), prohibits the discharge of pollutants from a point source into waters of the United States unless the discharge is in compliance with various enumerated sections of the Act. Among other things, Section 301(a) prohibits such discharges not authorized by, or in violation of the terms of, an NPDES permit issued pursuant to Section 402 of the Act, 33 U.S.C. § 1342. Each violation of the permit, and each discharge that is not authorized by the permit, is a violation of the CWA and is enforceable under 33 U.S.C. § 1365(a).
“After a year of FPL’s legal maneuvers and careful and continued review of FPL’s ‘proposed remedies,’ we continue to view this lawsuit as a vote of no confidence that the proper actions are being taken to protect public health, the environment and the outstanding waters of Biscayne National Park,” said Dr. Stephen A. Smith, executive director for the Southern Alliance for Clean Energy. “We have the right under the Clean Water Act to pursue our case, despite the inadequate and untimely deal the State cut with FPL. We will show there is compelling evidence that FPL has repeatedly violated and continues today to violate the Clean Water Act by operating an open industrial sewer leading to historic and ongoing discharges to the surface waters of Biscayne Bay. These contaminants impact water quality and public health and safety, and FPL needs to take scientifically-sound, aggressive action to address the ongoing pollution and repair the damage that their Turkey Point facility has caused.”
Since 2010, extensive documentation has confirmed that contaminated water from FPL’s network of unlined, porous cooling canals, has been illegally discharged into both the surface waters of Biscayne Bay and the ground waters with a direct connection to the aquifer. This archaic, two-mile-wide by five-mile-long cooling canal system is the only system of its type in the world.
Dr. Jose Barros, president of Tropical Audubon Society, says, “We joined this lawsuit because FPL’s proposed actions are inadequate. Our human population, our two national parks and our threatened wildlife must be better protected. Because the utility is funded largely by ratepayers, FPL has the responsibility to build cooling towers. This will abate the salt loading into Biscayne Bay and the Southern Everglades presently caused by outdated cooling canals. FPL and state regulators need to take the necessary steps to respect and protect these fragile ecosystems for the sake of our region’s health and safety.”
Last June, FPL cut a deal in a consent order with Florida’s DEP to attempt to undermine the Clean Water Act lawsuit. After careful review, the citizen groups determined that the consent order is inadequate and addressed this in the amended complaint they filed last October.
“The cooling canal system has never been a closed-loop system and it cannot be fixed, so why are rate payers being asked to pour money into fixing them? New technology should be installed, it will be safer, it will use Dade County’s recycled water, and Turkey Point will no longer be salting up both of our National Parks and our fragile Aquifer. It’s a win-win for everyone,” said Laura Reynolds, consultant for SACE and longtime Everglades Coalition member. “The ever-expanding plume of contaminants is still reaching surface waters and the aquifer that supplies our drinking water. The regulators’ band-aid plan to fix it will likely cause more harm to the surrounding wetlands and increase vulnerability to saltwater intrusion.”
This problem was initially caused when FPL constructed its poorly designed cooling system and made the situation worse when the utility “uprated” its nuclear reactors using advanced cost recovery dollars to increase energy production at the facility as mentioned in the lawsuit:
The cooling canal system is unlined and underlain by porous limestone geology, including the Biscayne Aquifer. The contaminated water in the cooling canal system has for many years discharged, and continues to discharge, from the cooling canal system into Biscayne Bay through a direct hydrologic connection between the cooling canal system and the navigable waters of Biscayne Bay.
In 2012 and 2013, the two nuclear generators were ‘uprated’ to increase power production, resulting in a much higher than predicted increase in the temperature and salinity of the water in the cooling canal system.
As a result of the higher temperature and salinity in the cooling canal system, FPL began adding up to 100 million gallons per day of fresh water to the cooling canal system in 2014. The addition of this fresh water further pushed pollutants from the cooling canal system into the ground water and into Biscayne Bay.
“Citizens of Florida need to recognize that protecting our health and water quality is not a passive exercise,” said Alan Farago, conservation chair of Friends of the Everglades. “With these threats to people and natural resources so clearly visible, if we don’t stand up now, when? We hope federal law can protect us when the state of Florida won’t.”
“FPL’s cooling canal system at Turkey Point is a failed experiment and the company should be required to use the best available technology to stop adding to the damage it has already done,” said Dr. Stephen A. Smith, executive director for SACE. “Operating an open industrial sewer effectively bordered by two national parks and highly protected waters requires the highest standards and strong regulatory oversight. Anything less is unacceptable and that’s why we took action and stand by our lawsuit.”
Additional Information:
- Telepress conference from August 2, 2017 can be downloaded here.
- Find the original July 13, 2016 Clean Water Act lawsuit filing here.
- Find the amended complaint filed on October 11, 2016 here.
Founded in 1985, the Southern Alliance for Clean Energy is a nonprofit organization that promotes responsible energy choices that work to address the impacts of global climate change and ensure clean, safe, and healthy communities throughout the Southeast. Learn more at www.cleanenergy.org.
Founded in 1947, Tropical Audubon Society works to conserve and restore natural South Florida ecosystems, focusing on birds, other wildlife and their habitats through advocacy and education for the benefit of biological diversity and humanity itself. Learn more at www.tropicalaudubon.org.
Founded in 1969, Friends of the Everglades compels government agencies to comply with existing environmental laws, encourages politicians to recognize the long consequences of their actions and spreads awareness of the importance of the Everglades to the South Florida ecosystem. Learn more at www.everglades.org.
Federal Licensing Board Hearing to Discuss Threats from FPL's Proposed Nuclear Expansion
Federal Licensing Board Hearing to Discuss Threats from Florida Power
and Light’s Proposed Nuclear Expansion at Turkey Point in Biscayne Bay
Local groups and concerned citizens continue to challenge federal licensing
with future of nearby national parks and region’s drinking water supply at risk
A three-judge panel of the U.S. Nuclear Regulatory Commission (NRC), the Atomic Safety Licensing Board, will hear arguments today from the parties challenging Florida Power & Light’s (FPL) request for a federal license to build two additional nuclear reactors at their existing Turkey Point facility in Miami-Dade County. After seven years of legal engagement, today’s hearing considers concerns on whether FPL’s plan to dispose the proposed Turkey Point nuclear reactors’ wastewater underground could contaminate the Upper Floridan Aquifer, putting the region’s drinking water supply and Biscayne and Everglades National Parks at risk. The hearing will not be webcast, but the Southern Alliance for Clean Energy’s Facebook feed will livestream opening statements here if filming is permitted.
“We are arguing that the National Environmental Policy Act requires that the NRC take a hard look at the impacts to human health and the environment of injecting wastewater underground,” said Jason Totoiu, executive director of the Everglades Law Center. “We hope the licensing board agrees that a comprehensive study needs to be done before a license can be issued.”
Together, National Parks Conservation Association (NPCA), the Southern Alliance for Clean Energy (SACE) and local residents Captain Dan Kipnis and Mark Oncavage legally intervened in the federal licensing proceedings for the proposed nuclear expansion. The Everglades Law Center and Emory University School of Law’s Turner Environmental Law Clinic have provided extensive legal counsel to the groups.
FPL has proposed using millions of gallons of reclaimed wastewater as the primary source of cooling water for the new reactors. After use, FPL plans to discharge the polluted wastewater into the groundwater. Although the wastewater will be treated before it is injected underground, measurements of some toxic contaminants exceed federal limits and advisory guidelines.
FPL bases its plan to inject water into the Boulder Zone on the assumption that it is completely isolated from the overlying Upper Floridan Aquifer. But the groups contend that in some parts of Southern Florida, municipal wastewater injected into the Boulder Zone has migrated upward into overlying layers and in some cases, into federally designated Underground Sources of Drinking Water.
“We are concerned that FPL and the NRC have not exercised due diligence to support their position that migration of contaminants into the potential drinking water supply is virtually impossible,” said Mindy Goldstein, director of Emory School of Law’s Turner Environmental Law Clinic. “At the very least, they should have investigated the hydrogeology of the site using seismic-reflection technology, which has been used successfully by the U.S. Geological Survey and the Miami-Dade Water and Sewer Department to identify faults and other geologic features that could carry contaminants into the designated drinking water supply.”
According to NRC’s own guidelines, locating a nuclear power plant next to public lands that are designed to protect valuable wildlife and habitat can have unacceptable impacts. In addition to Biscayne and Everglades National Parks, nearby is a state-managed aquatic preserve, an expansive wetland habitat preserve, a national wildlife refuge, and a national marine sanctuary in close proximity to the proposed site.
“This proposal threatens our national parks, endangered wildlife, ongoing Everglades restoration efforts and our drinking water supply,” said Caroline McLaughlin, Biscayne program manager for National Parks Conservation Association. “The amount of water required to operate an additional two nuclear towers, compounded with current water quality and quantity concerns, puts Biscayne National Park in jeopardy, along with its visitors and the billion dollar tourist economy the park helps support. The border of the nation’s largest marine national park is no place to expand nuclear activities.”
FPL’s highly speculative project has become even more so given the recent financial meltdown and now bankruptcy of the designer/builder for the AP1000 nuclear reactor, Toshiba’s Westinghouse – due to the extremely over budget and delayed AP1000 reactor construction projects in nearby Georgia and South Carolina. In fact, Westinghouse is now out of the nuclear construction business altogether – leaving FPL without a builder. Over $280 million has already been charged to customers in advance for FPL’s proposed Turkey Point expansion due to anti-consumer state legislation passed over a decade ago known as the “early cost recovery” law or Florida’s “nuclear tax.”
“FPL’s proposed project has been delayed multiple times to 2028 at the earliest, twenty years after the original need determination by the Florida Public Service Commission and cost estimates are over $20 billion – and none of this considers the latest financial meltdown of Westinghouse,” said Sara Barczak, high risk energy choices program director with the Southern Alliance for Clean Energy. “The project poses dire financial consequences for FPL’s customers. Regulators and elected officials need to recognize that there are safe, affordable, less destructive ways for FPL to meet energy demand while protecting the environment and addressing global climate change.”
If the expansion is approved, FPL’s Turkey Point facility would become the largest nuclear power plant in the country. The NRC is the lead federal agency determining if FPL will receive federal licensing approval that is required for them to move forward with the Turkey Point expansion. The process has been delayed several years; the final environmental impact statement (EIS) was not issued until October 2016.
“I have long criticized FPL’s proposal to build more nuclear reactors in this location, which is ground zero for the impacts from climate change, particularly sea level rise. Investing tens of billions of dollars on a power plant that will be underwater one day, along with the highly radioactive waste it will produce, makes no sense,” said Captain Dan Kipnis, a local resident and fishing captain. “The evidence we’ve provided cries out for a halt to approving the federal licensing of these proposed reactors and a return to the drawing board regarding the safety, or lack thereof, of our precious drinking water.”
Additional Information:
The intervening organizations held a media conference call on April 25, 2017. Find the audio recording and participant statements here.
The Atomic Safety and Licensing Board Order for today’s hearing can be found here, which includes instructions on how concerned parties can submit written comments in the form of “Limited Appearance Statement.” The contention 2.1 being discussed at today’s hearing, which has been modified several times, most recently by the ASLB in April 2016, reads:
“The DEIS is deficient in concluding that the environmental impacts from FPL’s proposed deep injection wells will be “small.” The chemicals ethylbenzene, heptachlor, tetrachloroethylene, and toluene in the wastewater injections at concentrations listed in DEIS Table 3-5 may adversely impact the groundwater should they migrate from the Boulder Zone to the Upper Floridan Aquifer.”
Key filings from the Joint Intervenors can be found here: Initial Position Statement, Responsive Position Statement, Expert Quarles Opening Testimony, Expert Quarles Rebuttal Testimony.
The hearing will not be webcast, but the Southern Alliance for Clean Energy’s Facebook feed will livestream opening statements here if filming is permitted.
Next steps: After today’s evidential hearing, legal briefs and other legal correspondence will follow. There is no requirement on the timing of the ASLB’s decision but the groups anticipate a decision within the next several months. The U.S. Army Corps of Engineers will likely rely on the Environmental Impact Statement (EIS) for the issuance of a 404 permit. A Record of Decision will be issued based on the Final EIS and the completion of the Corps’ analysis under the Clean Water Act. A final Safety Report will also be issued soon. After all of these steps are completed, the NRC can issue a Combined Operating License (COL), which may happen in late 2017.
Find more information on the proposed new Turkey Point reactors here.
