Item C1 � C.1
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys � � � ������]�j Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
^_,
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
June 4, 2020
Agenda Item Number: C.1
Agenda Item Summary #6981
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Derek Howard(305) 292-3470
n/a
AGENDA ITEM WORDING: Discussion and direction on whether to file a petition to intervene
in support of the Florida Keys Aqueduct Authority (FKAA) if FKAA files a petition for
administrative hearing directed to the April 13, 2020, notice of intent by the Florida Department of
Environmental Protection (DEP) to issue a permit to Florida Power & Light Company (FPL) to
operate wastewater treatment and effluent disposal facilities at the Turkey Point Power Plant and to
retain the firm of Lewis, Longman & Walker PA jointly with the FKAA.
ITEM BACKGROUND: On October 22, 2009, FPL applied to DEP for a permit to operate
wastewater and effluent disposal facilities at the Turkey Point Power Plant. On April 13, 2020, DEP
issued a notice of intent to issue the applied for permit. The notice stated DEP will issue the permit
unless a petition for an administrative hearing is timely filed under Sections 120-569 and 120.57,
Florida Statutes.
Pursuant to Rule-62-110.106(4), Florida Administrative Code, the FKAA filed for an extension of
time to file a petition for an administrative hearing. The deadline for the FKAA to file a petition for
an administrative hearing is June 4, 2020. If the FKAA files a petition, the County may thereafter
file a petition to intervene in support of the FKAA. The petition would focus on protecting the
FKAA's Florida City wellfield against the saltwater intrusion plume emanating from the cooling
canals at Turkey Point but also focus on protecting the natural resources of the County.
The FKAA has retained the law firm of Lewis, Longman, & Walker PA to represent it in this matter.
Assuming that the firm's conflict check shows no adverse cases to the County, staff is proposing that
the County jointly retain the firm to equally share those litigation expenses with the FKAA that are
not covered by others.
PREVIOUS RELEVANT BOCC ACTION:
April 20, 2016: BOCC Approval of Resolution 87-2016 expressing concern for the eastern and
western migration of the hypersaline plume, support for Miami Dade DERM's issuance of the
Notice of Violation and the Consent Agreement, and support for FKAA to take all steps necessary to
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protect the Florida Keys drinking water supply.
July 5, 2016: Letter to DEP in support of DEP and DERM actions re: Turkey Point
February 15, 2017: BOCC Approval of Resolution 43-2017 expressing concern for the discovery
and impacts of the eastern and western migration of the hypersaline plume and seeking the
decommissioning of the cooling canal system in favor of a more modern mechanical draft cooling
tower system.
August 2017: Submitted comments to the NRC re: FPL's application for a Combined Operating
License to construct and operate Units 6 and 7
June 20, 2018: Discussion and direction at its June 20, 2018, regular meeting regarding Agenda Item
Number MA ("Approval of submission of letter with the Board's comments to the US Nuclear
Regulatory Commission regarding Florida Power and Light's application for a Subsequent License
Renewal for Turkey Point Units 3 and 4).
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
FPL Turkey Point Units 3 and 4 Docket ID NRC-2018-0101 Monroe County, Fl Comments
6/21/2018
Docket 52-040-COL Monroe County Comment Letter to NRC on FPL Application for Turkey Point
Units 6 7 30 August 2017
Resolution 043-2017 Turkey Point Cooling Canals BOCC 2/15/2017
DEP Turkey Point Letter 06.23.2016
Resolution 87 2016 BOCC 4/20/2016
FINANCIAL IMPACT:
Effective Date: upon adoption
Expiration Date: n/a
Total Dollar Value of Contract: TBD
Total Cost to County: estimated between $50,000 and $250,000.
Current Year Portion: TBD
Budgeted: Yes
Source of Funds: Ad valorem
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
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Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
Yes -to be determined
REVIEWED BY:
Bob Shillinger Completed 05/31/2020 10:02 PM
Derek Howard Completed 05/31/2020 11:17 PM
Purchasing Skipped 05/31/2020 10:01 PM
Budget and Finance Completed 06/01/2020 9:00 AM
Maria Slavik Skipped 05/31/2020 10:01 PM
Kathy Peters Completed 06/01/2020 9:18 AM
Board of County Commissioners Pending 06/04/2020 11:00 AM
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COUNTYBOARD OF COMMISSIONERS
Mayor David Rice,District
Mayor Pro Tern Sylvia Murphy,District 5
Danny L. of e,District I
Heather Carruthers,District 3
G en �t,District 2
Mayor David Rice
Monroe County County Commissioners
Historic at ui i 1100 Simontont
FloridaKey West,
June 21,2018
s.May Ma,Director Program Management co
Announcements iti
Office of Administration `=
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il -7
Nuclear Regulatory ission
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Washington,DC 2 555 1
e: Subsequent License Renewal li tion Turkey Dint nits 3 and 4 0
Dear Ms.May :
Florida Power and Li (F L) has filed application with the Nuclear RegulatoryCommission seeking
approval of a Subsequent License Renewalfor Units 3 and 4 at the Turkey Pointsite in Miami-Dade County. o
e requested renewalwould extend operational life of the units ®stirs cooling canal system( 5)
to 2053. MonroeCounty, which comprises the Florida Keys and operates under the Area of Critical State
Concern statutory i ation, borders Miami-Dade County to the south. o
Monroe o is followingclosely the developments at the TurkeyPoint facility. Representatives of the n-
County attended the Scoping Meetinga 1,2018 in Homestead, Florida. I write to briefly state Monroe
Coun 's serious concerns about ey Point facility its license renewal application. co
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FPL cv
is experiencing difficulties in the current operation of Units 3 and 4 at Turkey Point,specifically with regard
to the CCS forthese units. One byproduct of FPL's current operation of the CCS for Units 3 and 4, and our
primary concern, is an underground aline plume emanating from the cooling canal system westward
toward e FKAA BiscayneAquifer wellfield, placing the drinking water supply for all of Monroein
jeopardy. co concern, is the eastward movementof the underground plu e from the CCS into the
environmentall y sensitive Biscayne Bay. o
These developments are of grave concern to Monroe County set forth in Resolutions 87-2016 - 17.
Copies of the resolutions are attached to as Exhibits ,respectively.
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MonroeCounty requests at any grantingo 's requested subsequent license renewalfor Units 3 & 4 at _
Turkey oint be conditioned n the following:
• Demonstrated remediation of the existing It aline plume within a reasonable timeframe and withan
identified completion ate. 0.
• Decommissioning of the CCS and replacement with newcooling towers to safeguard our water supply
and surrounding 1 resources.
Respectfully submitted, 0.
or David Rice
Monroe County o of County Commissioners
Enclosures( )
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* Mayor Carruthers
RESOLUTION NO. 7«2016
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COUNTY,A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE FLORIDA EXPRESSING ITS CONCERNOVER THE THREAT FLORIDA POWER & LIGHT
COMPANY'S
FACILITY'STURKEY POINT
TO MONROE COUNTY'S SOURCE OF POTABLE WATER AND
BISCYANE 9 EXPRESSING A DESIRE TO WORK
SUPPLY;COOPERATIVELY WITH MIAMI-DADE COUNTY AND OTHER
AGENCIES WITH JURISDICTION TO PROTECT THE FLORIDA
KEYS POTABLE WATER ENCOURATING THE
FLORIDA KEYS AQUEDCUT AUTHORITY TO TAKE ALL STEPS
NECESSARY TO PROTECT ITS WELLFIELDS IN FLORIDA co
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CITY; DIRECTING THE CLERK TO DISTRIBUTE THE C44
RESOLUTION;AND PROVIDING FOR AN EFFECTIVE DATE. T_
WHEREAS, Monroe CD
Countyis the thernmost county in the Statef Floridas
home to the worldFloridas$and E
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CountyWHEREAS, Monroe shares a common boundary withMiami-"c County 2
which is approximately 152 miles'long:
WHEREAS, the Florida Keys is c to approximately ll time residents l
several thousand part time residents reside ll time in Miami-Dadct ,andc,
2
WHEREAS, the Florida s is the public entity created
by the ` l ich has been vested withthe responsibility for providing potable water
residents i in the Florida
potable the FKAA draws y Biscayne i co
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l� t Florida ►'within Miami-Dade cV
Floridai (FPQ is the third-largcstelectric utility in z
c United Statesi it 6 c "in thestate;mW
WHEREAS. FPL iowns and operatesi *s Turkey Point facilityt Miami-Dade
County comprised of multiple i i
PointWHEREAS, the Turkey ii includes an approximately5,900-acre:network of
unlined s and an interceptor ditch on the western sidef the network, or collectively
coolingsystem" ( , which dissipatesin the operation of
EPL`s nuclear Units 3 and 4.as well as Unit l when in ion-,and �
's CCS is located at its closed point less than two milese0.
Miami-Dade/Monmeline and. approximatelyit t °s welifield i
Florida City,and
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" n Mayor Carruthers
WHEREAS,that while the CCS has no directsurface water discharges, s that
at the CCS has moved beyond its boundaries;and
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the hypersaline plumeextends two or three milest of the CCS and
pushingcontinues to move westward and the plume is ine water interface, whichis now
milesfour or five f the CCS.at the rate of 400 to 600 fed per yean";and
WHEREAS,Monroe County supports Miami-Dadety`s Division of Environmental
ManagementRcsourccs for issuing tice of Violation and Orders for Corrective
Action (October 15) against FPL to redress allegedi l i i i- e County
Code involving into t Agreement with FPL on October 6,2015
resolvei a' co
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Miami-Dadc County recentlyissued a Report' on March 7, 2016
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indicating that®
quality in the CCS is degrading;` c`
b. water from the CCS is migrating outside its boundaries awaye ire N
facility property with impacts measuredin both surface and groundwater," �
c, monitoring data indicate thyper-saline plume originating fi-orn the E
CCS has migrated landward and is impacting at quality;'
resultsd. car recent tritium samplingisotope of hydrogen that is tl _
associatedith the operation of nuclearlants) provide the most compelling
evidence that water originatingis reaching tidal surface waters
connected to Biscayne y; �and c
e. rainfall, pumping additional water into the CCS and operations
Ditch to record high water stage in the CCS whichlexpected 0
to It in increased seepage of into surroundingat
and perliaps surface wa . `'
WHEREAS, Monroe County is concerned that the westward migratingli
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plume in the Biscayne Aquifer places the Florida s' source of notable water in jeopardy,and T_
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WHEREAS,
Monroe County is also concenned that the easternmigration of the
hypersaline plume into the tidal surface watersi (and potentially
Biscaynetic e)places thew waterr in jeopardymy
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citizms fish and recreaW,and
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County is ing to gain a fulli I the solutions
being proposed by DERM and the other agenciesi iction over Turkey Point
CCS including, but not limitedFlorida r t of Environmental Protection ,
Managementthe South Florida Water District (SFWMD) and the Nuclear Regulatory
Commission )m and
WHEREAS, Monroe County it o tiely with Miami-Dadc County
leadership and other agencies withjurisdiction i
FKAA's l fields are protected to the maximumextent si l in the future;and
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CarruthersMayor
WHEREAS, a comprehensive approachis needed to 1 t of
the hypersaline plumeimmediately, } remove e CCS discharges into the Biscaynei i
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an expedited manner and 3)address any impacts i Bay,and CL
CountyWHEREAS, Monroe t its partners at the FKAA to takeall steps
Floridanecessary to protect the y"s supply potablewater, including potential partnering;on
developmentthe technical the extent of the hypersalineplume
potential threat to the FKAA's lfe
MonroeLU
County reserves its right to initiate i resolution
provisions Florida ! Conflict Resolution Act' and to bring an action
the Florida EnvinmunenW Protection Act' r any other availableto legal remedyco
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at a later dateI such action appropriate-, T-
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NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY.FLORIDA THAT:
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1. The above recitals incorporated into this resolution
constitute the legislative findings and intent the Board of County Commissioners of
County,Monroe Florida. c
2a e Miami-Dadc County leadership, re invited to open a
dialogi# County i s i iv solutions at
e western migrationof the hypersaline ! stemming 's Turkey Point c
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remove the CCS dischargesinto the Biscaynei in an expedited
and allress any impacts to Biscayne aye
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3. Monroe Countytake allst to protectt the potable T-
Water supply for the Florida Keys including its wellfields in Florida City.
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4® Monroe County is willing to provide material support to the FKAA to enhance i cV
current efforts to protectthe Florida City welificids.
Clerk5. The art is 1l furnish copiesis resolution to
U.S. t ill Nelson Z
Rubio@ U.S.Senator Marco
U.S. tive Carlos Curbelo, District 26 c
Florida GovernorsScott
Floridar i t Andy Gardiner
Floridali
Stater Dwight Bullard, District3
State Senator Anitere Flores. District 37
Statetive Holly Raschein,District 120
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Nucleara Chairman of the I Commission . Bums 0
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Chair,South Florida Water Management " v iDaniel
O'Keefe
Executive Director,South Florida Water Management District Peter Antonacci
Department0 Secretary,Florida of Environmentalt Ion SteversonCL
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Page 3 of
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• Mayor Carruthers
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County• Miami Dade r Carlos Gimenez
• Chair,Florida Keys Aqueduct Authority
ExecutiveCL
• r, Florida Keys Aqueduct Authorityec
resolution6.This
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PASSED AND ADOPTED by the Board of CountyCommissioners
t a replar meeting of said Board held •l,2016. CL
Mayor[leather Carruthers Yes
Mayor pro tem George LU not Present
e YesComatissloner Sylvia Murphy CD
Commissioner David Rice co
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TV '
OHMISSIONERS
OF MONROE
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utv rk NIzAr HeWer Carruthers
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Per Brian Davmw,Mordw County G S
source.litin
vvv7w.fpixmWabouttwmpity-Mrite.himI c
Consent ttt in Alsana-Dak Counir v,Florida Power Lighs Co.,dated October 7,20 5.
Tropical TropicalAudubon Sociew v FF&L and SFWAID.Caw 15-3 5, 4 .31.2015).
law ! 1515
"Reporty Waw Quality Obsenralions Associated with Flowida Power wid Light Turkey
Point Cooling Canal systems OpernuonsDirective 152AN4.dated March 7*2 16 ).
Miami-Dadc
pg. 1,
au Mimni-Dadr .
Mmm-Dade Report ®3.
..Mumn-Dadc Report pg,4.
Miami Dade Repat M 4 CL
F.S. 164.1 1 el
ES.403.411
CA CL
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Packet,Pg. 23
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RESOLUTION NO. 043 CL
POSSIBLE;2017
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA CL
SUPPORTING EFFORTS TO SEEK A COMMITMENT FROM U_
FLORIDA POWER AND LIGHT TO DISCONTINUE USE OF
THE COOLING CANAL SYSTEM AT THE TURKEY pOEqT
NUCLEAR POWER PLANT AS SOON AS
PROVIDING FOR AN EFFECTIVE DATE.
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e Florida Power and Light Turkey Point Nuclear PowerPlant, located i
south Miami-Miami-Dade County, utilizes a cooling canal system `cconsists network
approximately 5,900 acres of urdined canals; and
e Florida Power and LightPoint Nuclear Power Plant is the only E
facilityi s worldt o cooling c systemo i coolingtowers; c
and
WHEREAS, water from this coolinga tcommunicates
groundwater, long-term o ito `ng data has shown that a hypersaline1 of water
cooling canals s been migratinginto and contaminating the groundwatr, beyond the boundaries
of a cooling canals; and 2
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Miami-DadeMiami-Dade County took actionto address this issue, including, of
limited to issuing f Violation in 2015 to Florida Power and Light for certain waterquality
violations in the groundwater, and requiring, u administrative t agreement, the co
Florida i certain remedial c `os to retract and contain the hypersalineCD
water1 e; and
t thattime, the issues were focusedon the westward migration of the
hypersaline ground water plume ` s, more recent water qualitysampling
t e of a i s i s ace a to i or to U
Biscaynet to and east of the cooling canal t c "
is Board, the residents f Monroe County and members of the general public
concernedare t discoveries and potentialSound, i
and e Florida Keys' drinking water supply, and such discoveriesserve t i t thechallenges
posed y the continued operation the coolingalsystem; and
to o er i t lice s o e v t too to 0.
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e Turkey Point Power Plant units that use the coolingcanal system until 2033; and
is Board is seeking a commitment from FloridaPower and Light to
discontinue of the cooling canal systemin favor of a more modem mechanicalcooling
tower systemthat would removeall future interactions with ground watere use of Miami-
Dade '
s reuse water,
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that: CL
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
1. e Monroe County Boardof County Commissionersa commitment CL
Florida Powr and Light to discontinue the use of the cooling
systemat its TurkeyPoint Nuclear Power Plant, as soon as possible, in favorLU
of mechanical draft coolinglowers.
2. This resolution shal1 take effect upon adoption. co
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PASSED AND ADOPTED by the Board CD
f County Commissionersof Monroe County,
to ` t I t' o s o el on a 1 `�'day of February, 2017. N
MayorGeorge e
Mayor Pro
Commissioner _
Commissioner eCarruthers Yes
sCommissioner
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Clerk
COUNTY,OF MO ROE
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Deputy
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Clerkzit C44
Mayor P ®®yy
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BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor George t,District W
Mayor Pro Tern David
David Rice,District 4
The Florida Keys
Danny L. Kolhage,District I
Heather Carruthers,District 3
Sylvia J.Murphy,District 5 N
W
Robert B.Shillinger,County Attorney" Office of the County Attorney
Pedro J.Mercado,Assistant County Attorney** l I I I 12`h Street,Suite 408
Cynthia L. Hall,Assistant County Attorney*• Key West,FL 33040
Christine Limbert-Barrows,Assistant County Attorney (305)292-3470-Phone
Derek V.Howard,Assistant County Attorney** (305)292-3516-Fax
Steven T.Williams,Assistant County Attorney**
Peter H.Moms,Assistant County Attorney
Patricia Eables,Assistant County Attorney
Chris Ambrosio,Assistant County Attorney
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**Board Certified in City,County&Local Govt.Law CL
August 30, 2017
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Ms. Annette L. Vietti-Cook
Secretary, U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
Re: In the matter of Florida Power& Light Co., Turkey Point Units 6 & 7
Docket 52-040-COL, 52-041-CO L; CLI-17-01
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Dear Ms. Vietti-Cook: ca
Florida Power and Light(FPL) has filed an application with the Nuclear Regulatory Commission
seeking approval of a combined license (COL) to construct and operate two additional units (Units 6
& 7) at the Turkey Point site in Miami-Dade County,just over the border from Monroe County.
Monroe County's interest in the COL is that the County's water supply welIfields are due west of
Turkey Point and the waters of Biscayne Bay directly east of the plant are adjacent to the Monroe
County line. The COL is valid for 40 years with the option of a 20-year renewal. Monroe County has e
reviewed the application submitted by FPL and offers the following comment.
As a preliminary matter, Monroe County adopts the comments previously submitted by Miami-Dade
County and by the Florida Keys Aqueduct Authority. Copies of the comment letters submitted by each
agency are attached and incorporated by reference as Exhibits A and B.
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In addition, FPL has experienced difficulties in operating existing Units 1 through 5 at Turkey Point.
One byproduct of FPL's current operation of the cooling canal system for the existing units is a 9
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saltwater plume which has placed the drinking water supply for Monroe County in jeopardy. Data has
also shown that cooling canal system water has been detected in the waters of Biscayne Bay and that the
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groundwater plume extends to the east side of the plant. Complete remediation of this plume is critical to
the continued safety of our water supply and the health of Biscayne Bay. These developments cause U
grave concerns to Monroe County as further set forth in Resolutions 87-2016 and 43-2017. Copies of e
both resolutions are attached and incorporated by reference as Exhibits C and D.
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Monroe County Comment Letter
August 30, 2017
Page 2
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While Monroe County recognizes that FPL is in enforcement and remediation proceedings regarding
their operations of the existing units, data to date has not affirmatively shown that FPL's proposed
solutions and obligations are actually ameliorating the existing cooling canal system impacts. We also
recognize that Units 6 and 7 will not rely on the cooling canal system technology to operate. That said,
the new cooling technology for Units 6 & 7 proposed as part of this proceeding includes reclaimed water
in conjunction with the use of wells that will draw groundwater from the east side of the plant. The
spent cooling system water will ultimately discharge into deep injection wells on the west side of the
plant. Given more current understanding of the extent of the eastern and western impacts of the existing c
cooling canal system, the permeability of the geology in the area and the withdrawal and disposal
technologies proposed for the new cooling system to serve Units 6 & 7, we are concerned that there has
not been adequate analysis of the relationship between the existing and proposed cooling systems.
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In sum, Monroe County opposes NRC's granting FPL its requested license to build and operate Units 6
& 7 at Turkey Point until FPL fully addresses the problems associated with the operations of Units 1
through 5 including fully remediating the saltwater plume emanating from the cooling canals.
Respectfully submitted,
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Robe B. Shil'i er c
County Attorney
Enclosures (4)
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RESOLUTION NO. 043-2017
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
SUPPORTING EFFORTS TO SEEK A COMMITMENT FROM
FLORIDA POWER AND LIGHT TO DISCONTINUE USE OF
THE COOLING CANAL SYSTEM AT THE TURKEY POINT
NUCLEAR POWER PLANT AS SOON AS POSSIBLE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The Florida Power and Light Turkey Point Nuclear Power Plant, located in
south Miami-Dade County, utilizes a cooling canal system which consists of a network of
approximately 5,900 acres of unlined canals; and
WHEREAS, The Florida Power and Light Turkey Point Nuclear Power Plant is the only
facility in the world that uses a cooling canal system instead of mechanical draft cooling towers;
and
WHEREAS, water from this cooling canal system communicates with the surrounding
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groundwater, and long-term monitoring data has shown that a hypersaline plume of water from the
cooling canals has been migrating into and contaminating the groundwater, beyond the boundaries
of the cooling canals; and
WHEREAS, Miami-Dade County took action to address this issue, including, but not
limited to issuing a Notice of Violation in 2015 to Florida Power and Light for certain water quality
violations in the groundwater, and requiring, through an administrative consent agreement, the
Florida Power and Light take certain remedial actions to retract and contain the hypersaline ground
water plume; and
WHEREAS, at that time, the issues were focused on the westward migration of the
0.
hypersaline ground water plume from the cooling canals, more recent water quality sampling has
detected exceedances of water quality standards in certain surface water locations in or connected to
Biscayne Bay, adjacent to and east of the cooling canal system; and
WHEREAS, this Board, the residents of Monroe County and members of the general public N
are concerned about these recent discoveries and potential impacts on Card Sound, Biscayne Bay,
and the Florida Keys' drinking water supply, and such discoveries serve to highlight the challenges
posed by the continued operation of the cooling canal system; and
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WHEREAS, Florida Power and Light has a license from the federal government to operate
the Turkey Point Power Plant units that use the cooling canal system until 2033; and
WHEREAS, this Board is seeking a commitment from Florida Power and Light to
discontinue the use of the cooling canal system in favor of a more modern mechanical draft cooling
tower system that would remove all future interactions with ground water and make use of Miami-
Dade County's reuse water;
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NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA that:
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1. The Monroe County Board of County Commissioners seeks a commitment
from Florida Power and Light to discontinue the use of the cooling canal
system at its Turkey Point Nuclear Power Plant, as soon as possible, in favor
of mechanical draft cooling towers.
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2. This resolution shall take effect upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
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Florida, at a regular meeting of said Board held on the 15th day of February, 2017.
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Mayor George Neugent Yes
Mayor Pro Tem David Rice Yes
Commissioner Danny Kolhage Yes
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy Yes
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' s
N MADOK,Clerk BOARD OF COUNTY COMMISSIONERS v,
OF MO ROE COUNTY,FLORIDA
By: By:
Deputy Clerk Mayor a -n m
LD r M CD
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**ROE eWNTY ATTORNEY
VED AS TO FORM:
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OBERT 8. 8HI JR y
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IL'ounty of MonroeP4 Y
�f �� BOARD OF COUNTY COMMISSIONERS
The Florida Keys
�� ,r Mayor Heather Carruthers,District 3
�� .�y ,�� ,
Mayor Pro Tern George Neugent,District 2
Danny L.Kolhage,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
Monroe County Board of County Commissioners
Office of the County Administrator
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 205
Key West, FL 33040
(305)292-4441 —Phone
(305) 292-4544 -Fax
July 5, 2016 0
a.
Mr. Jonathan Steverson, Secretary
Florida Department of Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard c'
Tallahassee,Florida 32399-3000 CL
Re: Florida Power&Light Turkey Point Power Plant
Dear Mr. Steverson,
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On behalf of the Monroe County Board of County Commissioners, I write to support recent efforts by the t°
Department of Environmental Protection ("DEP") and Miami Dade County regarding recent actions by both
entities and Florida Power & Light, Inc. ("FPL") to address environmental problems related to the Cooling
Canal System ("CCS") at Turkey Point.
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Recently, DEP issued both a Notice of Violation and Orders for Corrective Action(OGC File No.: 16-0241) L
and a Warning Letter (4WL 16-000151W13SED) on April 25, 2016 to FPL raising concerns related to the
unlined CCS and its direct connection to groundwater. "The CCS is a major contributing cause to the
continuing western movement of the saline water interface" and there is "... compelling evidence that water CL
originating from the CCS is reaching ... tidal surface water connected to Biscayne Bay." These findings
stem from a recent Final Order (Number 16-0111) and Miami-Dade County's March 2016 "Report on
Recent Biscayne Bay Water Quality Observations associated with Florida Power and Light Turkey Point m
Cooling Canal System Operations". While there were several other findings in that Final Order and the
Miami-Dade County Report, these illustrate two (2) of the most important findings regarding continued
problems with the current operations of the CCS at Turkey Point. Without remedial action, these conditions
could continue and become worse over time.
Monroe County is especially concerned with any remedial action to be implemented by FPL. First, the
County's only water supply,the Florida Keys Aqueduct Authority ("FKAA") wellfield, is located 9.5 miles
west of the CCS. Second, the County's nearest residents in the Ocean Reef Club are located 3.5 miles
southeast of the CCS.
Packet Pg. 30
Monroe County has a mutual interest with DEP and Miami-Dade County in protecting the water supply of its
residents, as well as the shared environmental and water resources currently jeopardized by the current
operations of the CCS. At present, the hyper-saline plume extends approximately 2-3 miles west of the CCS
and is continuing to move westward with the plume pushing the saline water interface at a rate of 400-
600feet per year. The saline water interface is currently located 4-5 miles west of the CCS. We are also
concerned that tritium has now been detected in tidal waters of Biscayne Bay because a portion of the
Biscayne Bay Aquatic Preserve on the eastern side of Turkey Point is also located within Monroe County.
On April, 20, 2016, the Monroe County Board of County Commissioners passed a resolution expressing
concern over Turkey Point and a desire to work collaboratively with Miami-Dade County and other agencies
to protect the Florida Keys' water supply and Monroe County's environmental resources. The County
passed this resolution in direct response to new data provided by Miami-Dade County in its March 7, 2016
Report.
This new data from the March 2016 Miami-Dade County Report must be considered as another basis for any
remedial action to be implemented by FPL to address the CCS operations. Monroe County fully supports
Miami-Dade County's October 2, 2015 Notice of Violation and Orders for Corrective Action which requires _
FPL to redress Miami-Dade County Code violations. The October 7, 2015 Consent Agreement with Miami- CL
c
Dade County, which was designed to be a long-term plan to address CCS water quality issues, requires FPL
to: 1) implement actions to abate water quality in the CCS to reduce the threat on adjoining water sources,
and 2) remediate water quality impacts of the hyper-saline plume that has migrated landward beyond the
FPL property. While the Consent Agreement addresses the landward migration of the hyper-saline plume, CL
the Miami-Dade County Report indicates that further evaluation and action is necessary to fully address the U_
leading edge of the saltwater and recently discovered surface water impacts tidally connected to Biscayne W
Bay.
As part of Consent Agreement requirements, FPL has begun to submit new modeling data and proposed W
remedial actions to address some of the issues raised by DEP and Miami-Dade County. Because the
interconnectedness of the CCS to the groundwater beneath and surrounding groundwater and surface water is
now documented, it is imperative that the remedial actions be comprehensive in nature and adequately
address all of the water resources known to be impacted by the CCS. Monroe County supports a
comprehensive remedial solution that will:
1) Stop and retract the western migration of the hyper-saline plume in the Biscayne Aquifer;
2) Remove the hyper-saline water that has moved beyond the boundaries of the CCS and FPL property; C
3) Ensure the CCS discharges to groundwater do not move beyond the boundaries of the CCS and FPL 0
property;
4) Stop any eastern movement of the hyper-saline discharges into any surface waters in, or connected
to, Biscayne Bay; and
5) Remediate any impacts to Biscayne Bay. c-
w
FPL was late in delivering required plans for a Recovery Well System (RWS) for hypersaline remediation
per the Consent Order. Their recent submittal, from its consultant, Tetra Tech, is under review; yet specific E
items have been identified for your consideration:
• FPL's proposed solution calls for 10 years to abate the negative impacts. Although Miami-Dade
settled for such an extended timeline under the settlement agreement, it is not a judicious timeframe
to remedy such known water quality violations. The proposed RWS is apparently sized based upon
using an existing deep well injection system (DWI) which FPL installed with only 15 MGD
capacity.With only 15 MGD of injection capacity,the RWS can only"recover" 15 MGD.
• For comparison, FPL commissioned a "Feasibility Study to Assess Engineering Options for
Stopping Westward Migration of Saline Water and Decreasing CCS Concentrations, Turkey Point
Plant, Florida" produced in 2010. In this plan, Tetra Tech, provided technical and cost input for
2
Packet Pg. 31
RWS options sized at 50 to 100 MGD. Design criteria included an abatement timeline of 5 years.
Therefore, any solution should be sized to address the actual extent of the problem.
It is critical to understand the information that has been submitted in order to determine if the model
parameters are appropriate and if the model supports a comprehensive solution. Given DEP's role in
enforcing Administrative Order 14 0741 (and now additionally Final Order Number 16-0111) and the
requisite Salinity Management Plan required in both those orders, we support any efforts by DEP and
Miami-Dade County to develop data to support a comprehensive solution. This data and the solution must
expressly address the leading edge of the saltwater plume and whether or not the proposed extraction wells
are adequate enough to halt the westward migration of the hyper-saline plume.
While it is critical to understand the modeling efforts for ensuring environmental improvements, it is just as
important to begin action on efforts that have consensus from the experts. We recommend DEP set a date
within the next 30 days to meet with the experts to discuss the issues and to find common ground upon
which to move forward.
Monroe County is committed to working with all of the entities involved to find a successful solution to
eliminate the risks posed by the current operation of the CCS. To that end, we want to remain involved in CL
the issues directly affecting our residents and our water supply and in the review of data including proposed
remedial actions submitted by FPL for approval by the appropriate agencies. Please consider Monroe
County as a stakeholder directly impacted by decisions about the CCS at Turkey Point and include us in the
dialogue (through notifications and/or correspondence methods) to pursue the resolution of the issues CL
discussed above. U_
CL
We are also in receipt of the recent Consent Order(State of Florida Department of Environmental Protection
v. Florida Power & Light, Co. OGC File No. 16-0241), and while we have not thoroughly reviewed that
Order yet, we are hopeful that this is another positive step towards a comprehensive solution that will stop
the impacts to groundwater and surface water resources surrounding the Turkey Point facility. This Consent
Order is particularly important as a continued enforcement tool that must emphasize controlling the salinity
plume and its impact on saltwater intrusion. We reserve the right to respond to, and comment upon, that
Consent Order at a future date once we have more thoroughly reviewed it.
We appreciate your consideration of our concerns and look forward to finding a solution that is protective of
the County's residents and all of the environmental resources surrounding Turkey Point, including
groundwater resources and Biscayne Bay.
0
CL
Respectfully,
Roman Gastesi CL
Monroe County Administrator
Cc: Monroe County Mayor Heather Carruthers
Monroe County Mayor Pro tem George Neugent
Monroe County Commissioner Danny Kolhage
Monroe County Commissioner David Rice
Monroe County Commissioner Sylvia Murphy
Monroe County Attorney Robert Shillinger
Florida Keys Aqueduct Authority Board Chairman J. Robert Dean
Florida Keys Aqueduct Authority Executive Director Kirk Zuelch
Florida Keys Aqueduct Authority Deputy Executive Director Thomas Walker
3
Packet Pg. 32
y
Mayor Carruthers
RESOLUTION NO. 087-2016
A RESOLUTION OF'I`HE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA EXPRESSING INN ITS CONCERN
OVER THE THREAT FLORIDA POWER & LIGHT COMPANY'S
TURKEY POINT FACILITY'S COOLING CANAL SYSTEM POSES
TO MONROE COUNTY'S SOURCE OF POTABLE WATER AND
BISCVANE BAY EXPRESSING A DESIRE TO WORK
COOPERATIVELY WITH MIAMl:-DADE COUNTY AND OTHER
AGENCIES WITH JURISDICTION TO PROTECT THE FLORIDA
KEYS POTABLE WATER SUPPLY; ENCOURATING THE
FLORIDA KEYS AQUEDCUT AUTHORITY TO TAKE ALL STEPS
NECESSARY TO PROTECT ITS WELLFIELDS IN FLORIDA
CITY; DIRECTING THE CLERK TO DISTRIBUTE THE
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Monroe County is tlae Southernmost county in the State of Florida and
home to the world renown Florida Keys; and
WHEREAS, Monroe County shares a common boundary with Miami-lade County
which is approximately 152 miles° long; and
WHEREAS, the Florida Keys is home to approximately 75,000 full time residents plus
several thousand part time residents many of whom reside full time in Miami-Dade County; and
WHEREAS, the Florida Keys Aqueduct Authority (FKAA) is the perblic entity created
by the Legislatures' which has been vested with the responsibility for providing potable water to
residents and businesses in the Florida Keys; and
WHEREAS, the FKAA draws potable water primarily from the Biscayne Aquifer
through a wellfield located west of Florida City... within Miarni-Dade County; and
WHEREAS, Florida Power-& Light Company(FP[.) is the third-largest electric utility in
the United States and provides Growers to over 4.8 million customers'` in the state; and
WHEREAS, FPL,, owns and operates it's Turkey Point facility in southeast Miarni-Dade
County comprised of multiple power generating units; and
WHEREAS,EAS, the Turkey point facility includes an approximately 5,900 -acre network of
unlined canals and all interceptor ditch on the western side of the network, or collectively the
cooling canal system' (CCS), which dissipates heat frona the eater used in the operation of
FPL's nuclear Units 3 and 4, as well as Unit l when ill operation; and
WHEREAS, FPL's CC:"S is located at its closest point less than two miles from.. the
Miami-Dade/Monroe County line and approximately 9.5 miles ftorn the lrvl{.AA's wellfield in
Florida City; and
Page I of 4
Packet Pg. 33i
Mayor Carruthers
WHEREAS, that while the CCS has no direct surface water discharges, data shows that
water from the CCS has moved beyond its boundaries. and
WHEREAS, the hypersaline plunge extends two or three miles west of the CCS and
continues to move westward and the plume is pushing the saline water interface, which is now
four or five miles west of the CCS, at the rate of 400 to 600 feet per yeaar.u` and
WHEREAS, Monroe County supports Miarni-lade County's Division of Environmental
Resources Management (DEEM) for issuing; a Notice of 'violation and. Orders for Corrective
Action (October 2, 2015) against FPL to redress alleged violations of the Miana -lade County
Code involving the CCS and entering into as Consent Agreement with FPL on October 6, 2015 to
resolve those violations, and
WHEREAS. Miarni-Dade C'ouraty recently issue.(] a Report`a° on March 7, 2016
indicating that.:.
a. the long term water quality in the CCS is degrading-,""I
b. water from the CCS is migrating, outside its boundaries away from tlae Turkey Point
facility property with impacts measured in both surface and groundwater;`�
c. monitoring data indicate that a hyper--saline groundwater- plume originating frorn the
CCS has migrated landward and is impacting water quality;'
d, results for recent tritium sampling (an isotope of hydrogen that is frequently
associated with the operation of narclear power plants) provide the: most compelling
evidence that water originating from the CCS is reaching tidal Surface \waters
connected to Biscayne Bay-," and
c:. rainfall, pumping {additional water into the CCS and operations of the CCS
Interceptor Ditch lead to record high water stage in the CCS which would be expected
to result in increased seepage of water horn the CCS into surrounding ground waiters
and perhaps surface waters."
WHEREAS, Monroe County is concemed that the westward migrating hypersaline
plume in the Biscayne Aquifer places the: Florida Keys' source of potable water-in jeopardy; and
WHEREAS, Monroe County is also concerned that the eastern migration of tile:
hypersaline plume into the tidal surface waters connected to Biscayne Bay (and potentially the
Biscayne: Bay Aquatic Preserve) places these water resources in jeopardy where. Monroe County
citizens fish and recreate; and
WHEREAS, Monroe County is working to gain a full understanding of all the solutions
being proposed by DEEM and the other agencies with jurisdiction over Turkey point and the
CCS including, but not limited to, tlae Florida Departnicrit of Environmental Protection (DEP)
the South Florida Water Manag,en-rent District (SFWMI) and the Nuclear Regulatory
Commission(NRQ; and
WHEREAS, Monroe County desires to work cooperatively with Miami-Dade County
leadership and other agencies with jurisdiction over Turkey point and the CCS to ensure that the
FICAA's wellfrelds are protected to the naaxin-urn extent possible now and in the future; and
Page 2 of 4
Packet Pg. 34
c.1.e"
Mayor Carruthers
WHEREAS, a comprehensive approach is needed to 1) stop the western movement of
the hypersahne plunge immediately, 2) remove the CCS discharges into tyre Biscayne Aquifer in
all expedited manner and 3) address any impacts to Biscayne Bay; and
WHEREAS, Monroe County calls upon its partners at the FKAA to take all stars
necessary to Protect the Florida Key's supply of potable water, including potential partnering, oil
the development of now technical data to better understand the extent of the hypersaline plume
and potential threat to tile. FKAA's vvellfields; and
WHEREAS, Monroe County reserves its right to initiate the conflict resolution
provisions of the Florida Governmental Conflict Resolution Act"" and to bring, an action under
the. Florida Environmental Protection Act'iv or any other available Federal or State legal remedy
at a later elate should the. Board deern such action appropriate;
NOW THEREFORE, BE 14` RESOLVED BY THE BOARD OF C,OUNT`4'
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
1. The above: recitals are hereby incorporated inter this resolution as restated herein
constitute the legislative findings and intent of the Board of County Commissioners of
Monroc County, Florida.
1 The Mian-ri-Dade County leadership, the Sl'WMD and DEP are invited to open a
dialog with Monroe Coarnty in Support of finding comprehensive solutions to corribat
the western migration of the hyl)ersaline Plunge stemming from FPL.'s Turkey Paint
CCS, remove the CC,S discharges into the Biscayne Aquifer- in an expedited manner;
and address any impacts to Biscayne Bay.
3. Monroe County encourages the FKAA to take all steps necessary to protect the potable
water supply for the Florida Keys including its wellfields in Florida City.
4. Monroe County is vv°illing to provride material support to tyre FKAA to enhance its
current efforts to protect the Florida City vvelltields.
5. The Cleric fear this Board shall furnish copies of this resolution to!
• US. Senator-Bill Nelson
• U.S. Senator Marco Rubio
• U.S. Representative Carlos Curfrelo, District 26
• Florida Governor Rick Scott
• Florida Senate President Andy Gardiner.
• Florida House Speaker Steve Crisaaful.li
• State Senator Dwight Bullard, District 3
• State Senator Anitere Flores, District.37
• State Representative Holly Raschein, District 1220
• Chairman of the Nuclear Regulatory Commission Stephen G. Burns
• Chair,. South Florida Water Management District Governing Board, Daniel
O'Keefe
eefi<
• Executive Director, South Florida Water Management District Peter Antonacci
• Secretary, Florida Department o 'Environmental Protection, .ion Steverson
Page 3 of
Packet Pg. 35
Mayor Carruthers
• Miami Dade County Mayor-Carlos Ciirnenez
• Chair, Florida keys Aqueduct Authority Robert Dean
• Executive Director, Florida Keys Aqueduct Authority Dirk Zuelcl
6. 'rhis resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County
Florida, at a regular meeting of said Berard held on the"?V'clay of April, 2016.
Mayor heather Carruthers Yes_
Mayor pro tens George Neugent Not Present
Commissioner Danny L. Kollaa a Yes
Commissioner David Dice
Commissioner Sylvia Murphy Yes
Y HEAVILl1S,CLERK BOARD OF COU 'I°y'°COMMISSIONERS
a OF MCrtI's1ROE IF
: II3y.
uty Clerk Ma r Ile er Carruthers
n
C NV ATTOMIEY
y
.SHI
Per tartan Law isson, Monroe County G1S 11[anner.
Ste, cL 76-441. Laws of 1 lorida.
lattil:"ww=rw wu,# aa,ccataa trait wwraater svttrce.han
°'�lattlaw.'iwvww,wwr tj-�i.�r,rtv`a1�r�2tz4;ct,r�wg��'tna�-rrc�filc.latrrsl
Consent Agreement in Aliami Dore,("trttrrtv iv. Flor iela Poweret,Lrgdar C o., dated October 7,201 5.
`° Tropical Audubon.Star le l'v s li f'c�L tramp:�FJJ't I).Case 15-38=5 Ij 46(l�OA 1 lice'd Order Dec. 31,2015)
1att s:,` wvww?ww�.c�oah.state.€l.us tiOS/2)015 15003845.pdf..
"`Report on Recent Biscayne Bay water Quality Observations Associated with 1-`laarida Power and t.tglat Turley
Point Cooling Canal systems Operations Directive 152884.dated March 7,2016(Miami-Dade Report).
v,""Miami-Dade Report lag. 1.
Miann-Lade Report, pg. 5.
Miami-Dade Report pg,3,
Miami-Dade Report pg.4.
"''Miami Lade Report p_g,4
F.S. 164.101 et.segr
Page 4 of
1 '
Packet Pg. 36
Ptwtio Cominmr: llr,' CI
DLFLN'UI NG,PROI LC II NG,AND PRESERVING
I fit MIAMI MIAMI AND THE SURROUNDING WATERS
THROUGH CPIZENS INVOLVEMENT AND
WATERKEE PER° COMMUTO NITY SWIMMABLE
DRKEEPER
INKABLE,
COMM NITYAC ION MIAMI
WATERINNAELE.
FISHABLE WATER FOR ALL.
Ms. Lindsey Ballard
The County Administrators Office
110 Simonton Street
Key West. Florida 33040
June 3,2020
Re: Agenda Item CI — In Support of Filing a Petition to Intervene jointly with Florida Keys
Aqueduct Authority in an Administrative Challenge of Turkey Point Power Plant's
NPDES Permit (Permit No: FL0001562)
Dear Monroe County Commissioners.
On behalf of Miami Waterkeeper(M W K), we thank you for the opportunity to provide comments
regarding the Board's decision on whether to file a petition to intervene in in the administrative
matter of Turkey Pour Power Plant's NPDES permit. Miami Waterkeeper is a non-profit
organization dedicated to defending and protecting South Florida's watershed. We wholeheartedly
support the County's intervention in this legal proceeding.
Over the years, the release of pollutants and contaminants from Turkey Point into the surrounding
environment has caused significant environmental degradation, including impacts to surFace and
groundwater. Turkey Point's nuclear reactors recently received the nation's first ever subsequent
license renewal, effectively extending the life of the plant and its reliance on the failing cooling
canal system into the 2050s. Soon, these units will soon be the oldest reactors in the world.
Because this NPDES permit will uhimately regulate the discharge of pollutants from Turkey Point
and outline important monitoring and reporting requirements, permit specifications play a
significant role in determining future impacts of Turkey Point on the surrounding environment and
the region's drinking water supply.
Miami Waterkeeper 7Q 305.905.0856
2103 Coral Way,2nd Floor miamiwaterkeeper.org
Miami, FL 33145
blam of South Florida's most treasured natural halo hats—the Biscayne L3ay Aquatic Preserve,
13iseane National Park. Everglades National Park, Crocodile Lake National Wildlife Refuge, and
the Florida Kevs National Marine Sanctuary - reside directly in the zone of in-pact. sharing a close
proximity to Turkey Point. Protecting these natural areas is 'lure than lust a moans of preserving
sensitive ecosystems and diverse wikilile. These areas have a rich cuhural history and contribute
significant resources to the economy of the Florida Keys, including recreation and employment
opportunities. domestic and inbound tourism. and clean drinking water for residents.
As written. we do not believe that this NPDES permit is adequately protective of the above
resources. Lit intervening in this proceeding. sse firmly believe that Monme Count% will ensure
that this permit is strengthened to protect these resources. We urge this Commission to vote to
inter jointly with the Florida Keys Aqueduct Authority in this administratke challenge.
Please fund attached to this letter. Miami Waterkeeper's detailed cmnnenls outlining our concerns
with this permit. We thank you for leadership on this mutter.
Sincerely.
Kelly Cox, Esq.
General Counsel
Miami Waterkeeper
Mr. Marc Harris. P.11.
Department of Environmental Protection
Bob Martinez Center
Industrial Wastewater Program
2600 Blair Stone Road, Mail Station 3545
Tallahassee, Florida 3239-2400
May 21, 2019
Re: Comments to FDEP's Draft NPDES Permit (Permit No: FL0001562)
Dear Mr. Harris,
On behalf of Miami Waterkeeper (MWK) and the National Parks Conservation Association
(NPCA), we thank you for the opportunity to provide comments as part of the permitting process
for Florida Department of Environmental Protection's (FDEP) proposed draft National Pollutant
Discharge Elimination System (NPDES)permit renewal (FDEP File No. FL0001562-012-IW IN)
("draft NPDES permit") for the wastewater treatment and effluent disposal facilities for the
ongoing operation of the facility at the Turkey Point Power Plant, owned and operated by Florida
Power& Light (FPL). Our organizations, and our more than 1.3 million members and supporters
nationwide, have a strong interest in ensuring Turkey Point's operations do not cause detrimental
impacts to the surrounding environment, including regional water resources, Biscayne and
Everglades National Parks, wildlife, sensitive wetlands, and drinking water supplies. Over the
years, the release of pollutants and contaminants from Turkey Point into the surrounding •
environment has caused significant environmental degradation, including impacts to surface and
groundwater. Because this permit will ultimately regulate the discharge of pollutants from Turkey
Point and outline important monitoring and reporting requirements, permit specifications will play
a large role in determining future impacts of Turkey Point on the surrounding environment and the
region's drinking water supply.
National Parks and Protected Areas
Located directly adjacent to Turkey Point, Biscayne National Park is a national treasure and
protects a large portion of the third largest barrier reef ecosystem in the world. It safeguards some
of the only living coral reef in the continental United States and is home to vast biodiversity and
unique habitats. The park was established "to preserve and protect for the education, inspiration,
recreation, and enjoyment of present and future generations a rare combination of terrestrial,
marine,and amphibious life in a tropical setting of great natural beauty.-1 Biscayne National Park
covers over 172,000 acres,95%of which is water,and has been designated an Outstanding Florida
Water(OFW) under Florida law, as part of Biscayne Bay. The park supports over 600 species of
fish, 200 bird species and 21 federally listed threatened or endangered species and protects the
longest stretch of mangrove shoreline along the eastern seaboard of the United States. Highly
valued recreation activities within Biscayne National Park include snorkeling, paddling, wildlife
16 U.S.C.410gg
viewing, fishing. camping, hiking, and scuba diving. In 2017, Biscayne was visited by close to
447.000 people. These visitors spent nearly $28 million, supporting a total of 364 jobs and
generating a total economic output of around $38.5 million.? Turkey Point is also proximate to
Everglades National Park, the Biscayne Bay Aquatic Preserve, Crocodile Lake National Wildlife
Refuge, and the Florida Keys National Marine Sanctuary. These natural areas offer critical
protection to sensitive ecosystems, wildlife, and unique habitats, and support the local economy
through recreation opportunities, tourism, and the provision of ecological goods and services.
These areas must therefore be protected from any detrimental impacts arising from the operations
of Turkey Point.
Geographic Boundary
The area identified in Figures I and 2 of the draft NPDES permit is not specific to the facility
governed by the permit. The permit is meant to govern discharges from the Turkey Point Power
Plant facility, which covers an area only about half the size of what the permit refers to as"Turkey
Point' in the Figures. The Figures depict FPL's property ownership beyond the Turkey Point
Power Plant, including the Everglades Mitigation Bank, and in addition, includes segments of
publicly owned lands (L31E canal and associated easements, SW Card Sounds Road, etc.). We
request that the permit include an accurate description of the boundaries, as well as a remapped
boundary to avoid implied authorization of discharge to the mitigation bank or public areas.
Authorizing discharges in the area westward of the actual power plant facility will only exacerbate
the problem of the hypersaline plume. The "front" (westernmost line) of this plume of saltwater
from the cooling canal system (CCS) is referred to as the interface. The interface is defined as the
point where groundwater with total dissolved solids ("TDS") of 10,000 mg/L or greater intercepts
groundwater with a lower chloride concentration.; FDEP classifies groundwater with a TDS
concentration less than 10,000 mg/L as a Class G-II potable water supply and concentrations equal
to or greater than that are Class G-III non-potable water.4 In this case, the interface has been
migrating westward since the 1980s and is now about four miles west of the Turkey Point facility,
approaching Florida City and the City of Homestead. which are about seven miles west of the
facility.' The plume, migrating westward at about 15 inches per day,' "pose[s] risks to drinking
water wells for the Keys and Homestead residents and Everglades restoration projects intended to
restore historic freshwater flows to Biscayne Bay.i7
'Cullinane Thomas,C.,L.Koontz,and E.Cornachione.2018.2017 national park visitor spending effects:
Economic contributions to local communities,states,and the nation.Natural Resource Report
NPS/NRSS/EQD/NRR—.2018/1616.National Park Service, Fort Collins,Colorado.
Recommended Order, ACI v. FPL v. FDEP, Case No. 15-1747, page II, February 2016. Chloride is used as a
measure of thee amount of salt in the water.
4 FLA.ADMIN.COD;62-520.410(1).
'June 7,2009 memo from Janet Lewellen to Industrial Waste water Division director Mimi Drew,issue sheet.
Map of the Approximate Inland Extent of Saltwater at the Base of the Biscayne Aquifer in the Model Land Area of
Miami-Dade County, Florida, 2016, Scientific Investigations Map 3380, Scott Prinos, 2017.
hnps9/pubs.us"seov/sim/3380/sim3380 pamohlet.pdf.
7 FDEP Issue Information 2009. Issue Information Cover Sheet, from Division of Water Resources Management to
Regulatory Programs,regarding Salt Water Intrusion from the Turkey Point Plant,pdf page 4,July 7,2009.
2
The groundwater beneath FPL's CCS was originally classified by FDEP as a Class G-II potable
water source prior to the construction of the power plant." Because of groundwater discharges of
extremely high salinity, the Biscayne Aquifer—since at least 1982—experienced conditions that
no longer met the Class G-II standards for a potable water source.9 FPL made a request that was
granted by FDEP to reclassify the groundwater under its property to a less restrictive Class G-Ill
designation as non-potable water.1°To prevent excess discharges in areas outside the actual power
plant facility, and to prevent threatening and further reclassification of potable water sources, we
request the boundary be remapped to accurately reflect what is authorized by this permit.
Turkey Point's Industrial Wastewater Facility Cooling Canal System Monitoring
Turkey Point is unique among nuclear plants in the United States in that it uses a system of unlined
cooling canals to cool water from plant operations. This CCS, in place for more than 40 years,
consists of approximately 5,900 acres of former wetlands along the coast of Biscayne Bay and
Biscayne National Park. The CCS is used to cool water from nuclear Units 3 & 4 and to dispose
of wastewater from the operations of natural gas Unit 5. When the system was constructed under
a 1971 consent decree, the CCS was intended to be a closed loop system. However, due to South
Florida's porous limestone geology, the CCS is hydrologically connected to the underlying
Biscayne Aquifer and, through the Aquifer,to surrounding surface waters.' Over the years,water
in the CCS has become hypersaline, increasing in density and sinking into groundwater,ultimately
creating an underground hypersaline plume.The plume is spreading out into the Biscayne Aquifer
"at an average rate of migration to the west estimated between 525 (northern part) and 660
(southern part) feet per year,"'t towards several wellfields that supply drinking water to the
residents of the Florida Keys and southern Miami-Dade County.
The plume is also moving east, under the waters of Biscayne Bay and Biscayne National Park.
Moreover, monitoring data indicates that water from the CCS is also hydrologically connected to
the waters of Biscayne Bay, with CCS water moving through or under berms.13 Pollutants from
the CCS, including elevated levels of ammonia,phosphorus,TKN,total nitrogen,and chlorophyll
a, have been detected in the waters of Biscayne Bay.'a The addition of excess nutrients like
ammonia and phosphorus into the nutrient-limited waters of Biscayne Bay and Biscayne National
Park has the potential to stimulate algal growth,13 which could ultimately lead to seagrass die-offs,
s Interoffice Memorandum,Bill Keats,FDEP,pdf page I,August 12, 1983.
9 David A. Chin, The Cooling-Canal System at the FPL Turkey Point Power Station (n.d.) (completed pursuant to
Resolution No.R-517-15 adopted by the Board of County Commissioners).
1°Id.
" Hefty, Lee,Miami-Dade Department of Environmental Resources Management, Letter to Phil Coram,Florida
Department of Environmental Protection,November 26,2014.
"Florida Department of Environmental Protection Administrative Order in Re: Florida Power& Light Company,
Turkey Point Power Plant.FDEP State License No.PA03-45,OCC No. 14-0741,December23,2014.
"Cox,William L.,U.S.Department of Interior National Park Service,Letter to James D.Giattina,U.S.
Environmental Protection Agency;Jonathan P.Steverson,Florida Department of Environmental Protection;and Jack
Osterholt, Miami-Dade County,May 13,2016.
14 Miami-Dade County Report on Biscayne Bay Water Quality Observations associated with the Turkey Point
Cooling Canal System operations,March 7,2016 Memorandum from Mayor Carlos A.Gimenez to Miami-
Dade County Board of County Commissioners Chair Jean Monestime and members.
"Cox,William,US DOI NPS letter to EPA,DEP,MDC,May 13,2016.
3
toxic algal blooms,and severe ecosystem disruption,thus presenting a serious ecological concern.
In response to pollution emanating from Turkey Point's CCS, both Miami-Dade County16 and the
Florida Department of Environmental Protections' issued Notices of Violation to FPL for violating
applicable County and State water quality standards. FPL entered into separate Consent Orders
with both Miami-Dade County1° and FDEP19 aimed at ceasing CCS discharges into the Biscayne
Aquifer and surrounding surface waters, retracting the plume to within Turkey Point property
boundaries, mitigating for impacts related to CCS operation, and monitoring in order to detect
additional impacts.
To ensure that water from the CCS is not contaminating Biscayne Bay, Biscayne National Park,
and surrounding waterways, as required by the Consent Orders and the NPDES program,
additional monitoring should be required beyond what is currently included in this draft NPDES
permit. The monitoring plan included in this draft NPDES permit is insufficient to determine
compliance with the NPDES permit or to characterize the quality and extent of groundwater
interacting with surface water. We urge you to include additional monitoring locations targeting
surface water in locations near the shoreline adjacent to Turkey Point, nearby waters of the Florida
Keys National Marine Sanctuary, and at the boundaries of Outstanding Florida Waterways.
Additionally,we request public access to water quality data in a usable format(i.e.: not pdf, locked,
or otherwise restricted) including raw hourly, monthly, and annual reports.
Monitoring under the draft NPDES permit will produce salinity values averaged by month.
Reporting the data in this way will dilute the actual values of discharges from the CCS into the
surrounding water. Given that Biscayne Bay is an Outstanding Florida Water—the highest
protection standard a waterbody can be afforded by the State of Florida—monitoring should be a
priority to make sure an impairment in any location of the bay is quickly acknowledged and
addressed. To do this, we request FDEP include additional sampling locations in this permit and
disclose all constituents monitored and methods for surface water quality monitoring.
Additionally, we request public access to water quality data including raw hourly, monthly, and
annual reports. Finally, we request that FDEP incorporate daily thresholds for salinity and other
constituents rather than monthly averages as the permit currently contemplates.
Surface Water Discharge Ambiguity
Given that the CCS is unlined and sits atop porous limestone, it is hydrologically connected to the
surface water via seepage from groundwater.'0 In 1972, the U.S. Atomic Energy Commission
prepared an Environmental Impact Statement(EIS) with respect to the CCS. The EIS recognized
this hydrological connection and explicitly acknowledged the potential for seepage of CCS water
from the groundwater to the surface waters, including Biscayne Bay and Card Sound. The draft
NPDES permit makes reference to the 1972 EIS and the potential for CCS contamination to seep
16 Miami-Dade County Department of Regulatory and Economic Resources, Notice of Violation and Orders for
Corrective Action,October 2,2015.
Florida Department of Environmental Protection,Notice of Violation and Orders for Corrective Action,OGC File
No: 16-0241,April 25,2016.
's Miami-Dade County Department of Regulatory and Economic Resources,Consent Agreement,October 7,2015.
10 Florida Department of Environmental Protection,Consent Order,OGC File No:16-0241,June 20,2016.
20 Hefty,supra note 2.
4
from groundwater to surface water hut does not explicitly indicate whether or not such seepage is
permitted under the conditions of this permit.' Instead, the permit says "to the extent that such
seepage occurs, it shall not cause or contribute to a violation of the surface water quality standards
in Chapter 62-302, F.A.C."
The draft NPDES permit clearly authorizes discharges of pollutants to groundwater but prohibits
the discharge of pollutants from a point source to surface waters.' This creates some ambiguity
about surface water discharges, whether or not seepage constitutes a"point source discharge,"and
what is covered under the conditions of the permit. By acknowledging seepage to surface waters
but prohibiting point source discharges, the permit could be interpreted as authorizing other types
of discharge from the CCS to surface waters (e.g. groundwater seepage).
FDEP's definition of"point source" does not appear to apply to discharges into Biscayne Bay
through the groundwater via the porous limestone, which is prohibited under the current permit.
Because only "point source" discharges are prohibited by the draft NPDES permit, the permit
could be interpreted as allowing seepage of industrial wastewater from the CCS into the surface
waters of Biscayne Bay. To further this point, the draft permit does not put effluent limitations on
these discharges (i.e. discharges to surface waters via seepage through groundwater) and no
requirements are included to line or otherwise confine the CCS. That is to say, the draft permit
does not articulate permitted seepage direction, volume, flow, salinity or constituent levels, or
provide any other guidance on what is or is not permitted with respect to seepage.
Another concern with seepage is that the draft NPDES permit allows for FPL to"freshen"the CCS
as required by FDEP's Consent Order.21 Negotiations between FPL and Miami-Dade County about
terms of a partnership agreement may end in a decision to use treated wastewater for this
freshening.This reused wastewater will almost certainly contain"micro-constituents"and nutrient
pollutants above anti-degradation standards for Biscayne Bay. Should such an agreement be
reached before the permit's renewal period, FDEP should amend this draft permit to ensure
compliance with Biscayne Bay anti-degradation standards.
A final concern regarding seepage is remediation of discharges in excess of those authorized by
the permit. We have concerns about how exceedances of surface water quality standards
attributable to discharges by FPL will be addressed.The draft NPDES permit, as written, provides
no real remedy for violations. We request that seepage be considered a permitted activity such that
in the event of a permit violation, FDEP can initiate a timely enforcement action on the grounds
of seepage alone. We request a specific clarification of what constitutes permissible seepage under
the permit conditions, including, but not limited to, seepage volume, direction, salinity or
constituent composition, or other relevant parameters. As the draft NPDES permit is currently
written, the only obligations regarding seepage are ambiguous at best.' We request additional
water sampling locations and publicly accessible monitoring data; clarification of what is truly
authorized under the permit regarding discharges from seepage through groundwater to surface
2' FDEP's Draft NPDES Permit.FPL Turkey Point Power Plant.Permit No:FL0001562,Page 2.
'-`FDEP's Draft NPDES Permit.FPL Turkey Point Power Plant.Permit No: FL0001562,Page 2.
n Florida Department of Environmental Protection,Consent Order,OGC File No:16-0241,¶ 19,June 20,2016.
FDEP's Draft NPDES Permit. FPL Turkey Point Power Plant.Permit No:FL0001562,Page 2.
5
waters; language that acknowledges the need for permit amendments if the Miami-Dade County-
FPL joint partnership agreement regarding use of treated wastewater for CCS freshening goes
through; and clear enumeration of seepage as a permitted activity including clearly defined permit
conditions with respect to seepage so as to allow timely enforcement actions by FDEP in the event
of a violation.
Sea Level Rise Impacts
Turkey Point's geographic location makes it particularly susceptible to sea level rise and storm
surge impacts. The plant is situated on a low-lying peninsula, bordered by Biscayne Bay to the
east and the Everglades to the west. The Turkey Point Nuclear Plant, Units 3 & 4 Subsequent
License Renewal Application Environmental Report states that "[t]he ground elevation at the site
is typically less than I foot above mean sea level."25 The Environmental Report also notes that
"the normal tide range of Biscayne Bay is about 2 feet.Natural (undeveloped) areas are inundated
during high tide and can remain under Ito 3 inches of water at low tide. Tidal flooding is a much
more significant surface hydrological feature of the area than is rainfall runoff."' South Florida
is experiencing,and expected to continue experiencing, increased rates of sea level rise, in addition
to increased hurricane and flooding severity? Over the last 100 years, sea level around Turkey
Point has risen approximately 9-12 inches.' By 2100, sea level could rise between 5 and 6.75 feet
according to revised projections by the U.S. Army Corps of Engineers and the National Oceanic
and Atmospheric Administration 29 Presently, FPL estimates only three quarters of a foot of sea
level rise.30
Thus, it is reasonably foreseeable that, during the life of this permit, Biscayne Bay waters will be
at or above the water levels of the CCS and may even surpass the surrounding berms in height
during the predicted intensified storm surges, causing waters from the Bay and CCS to mix. As
waters recede back into Biscayne Bay, there is the strong possibility that harmful contaminants
25 Applicant's Environmental Report: Operating License Renewal Stage Turkey Point Units 3 &4 Florida Power&
Light Company;Docket Nos.50-250 and 50-251 Revision I,Page 2.2-I.
26 Applicant's Environmental Report:Operating License Renewal Stage Turkey Point Units 3&4 Florida Power&
Light Company;Docket Nos. 50-250 and 50-251 Revision I,Page 2.3-I.
21 South Florida Water Management District, Climate Change & Water Management in South Florida
Interdepartmental Climate Change Group,p. 18,November 12,2009,available at
https://www.sfwmd.gov/sites/default/files/documents/climate change and water management in sflorida I 2nov2
009.ndf; Florida Ocean's and Coastal Council, Climate Change and Sea-Level Rise in Florida: An Update of the
Effects of Climate Change on Florida's Ocean&Coastal Resources,December 2010,available at
httns://tloridadep.gov/sites/default/files/Climate%20Chanee%20and%20Sea-
Level%20Risc%20in?o20Florida Lodi
2s National Parks Conservation Association's petition to intervene. South Florida Water Management District, FPL
Turkey Point Units 6& 7,Site Certification Application, First Completeness Review Comments, Exhibit I I,pp.34-
35 July 30,2009; see Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement
5,Second Renewal,Regarding Subsequent License Renewal for Turkey Point Nuclear Generating Unit Nos.3 and 4,
p.4-106,March 2019.
'9 FPL Wants to Keep Old Reactors Running.New sea-rise studies could stand in the way.;MIAMI HERALD, I June
2018,available at http:/evww.miamiherald.com/news/local/environment/article212325259.html.
'0 Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 5, Second Renewal
Regarding Subsequent License Renewal for Turkey Point Nuclear Generating Unit Nos. 3 and 4, p. 4-109, March
2019.
6
will enter the Bay. Additionally, a severe storm could cause a complete breach, or berm failure.
which would lead to nutrient-enriched CCS water freely flowing into Biscayne Bay. which may
lead to nutrient loading and potentially devastating algal blooms. This is relevant because this
scenario would result in a point source discharge to surface waters, which is prohibited under the
terms of the permit.
FPL has acknowledged the possibility of storm surges reaching these heights in its illustration
titled "Conservative Probable Maximum Storm Surge Analysis Accounts for Sea Level Rise."'
This illustration highlights the vulnerability of the berms and CCS in future projections of sea level
rise and climate variations. The Nuclear Regulatory Commission considered safety concerns
relating to the impacts of such storm surges in its Safety Report for Turkey Point proposed Units
6 and 7 but,to our knowledge,has not analyzed the structural integrity or fortification of the berms
under such extreme conditions.
In the interest of protecting the health and integrity of our valuable natural resources, limited water
supplies, and our national parks and protected places,we strongly urge you to thoroughly analyze
the aforementioned environmental impacts as part of the NPDES permitting process. Thank you
for your consideration of our comments.
/^
Sincerely,
Z
Rachel Silverstein, Ph.D.
Executive Director & Waterkeeper
Miami
Waterkeeper
Caroline McLaughlin
Associate Director—Sun Coast Region
National Parks Conservation Association
° United States Nuclear Regulatory Commission Official Hearing Exhibit,Florida Power& Light Co.(Turkey Point
Nuclear Generating Units 6 & 7), Docket#05200040-05200041, Exhibit dEPL-005-MA-CM01, slide 2, December
12,2017.
7
Cc:
Ho Nieh, Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission
Eric Silagy. President and Chief Executive Officer, Florida Power& Light
Noah Valenstein, Secretary, Florida Department of Environmental Protection
Chairwoman Audrey M. Edmonson and the Miami Dade County Board of Commissioners
Mayor Carlos Gimenez, Miami-Dade County
Lee Hefty, Director Miami-Dade County Department of Environmental Resources Management
Mayor Sylvia Murphy and the Monroe County Board of Commissioners
Margaret Goodro, Superintendent, Biscayne National Park
Pedro Ramos, Superintendent, Everglades National Park
Sarah Fangman, Superintendent, Florida Keys National Marine Sanctuary
Laura Eldridge. Aquatic Preserve Manager, Biscayne Bay Aquatic Preserve
8
Mr. Marc Harris. P.E.
Florida Department of Environmental Protection
Bob Martinez Center
Industrial Wastewater Program
2600 Blair Stone Road. Mail Station 3545
Tallahassee, Florida 3239-2400
November 27,2019
Re: Supplemental Comments to FDEP's Draft NPDES Permit(Permit No: FL0001562)
On behalf of Miami Waterkeeper and National Parks Conservation Association,please find
below a supplement to our May 21, 2019 comment to the Florida Department of Environmental
Protection's (FDEP) Draft National Pollutant Discharge Elimination System (NPDES) Permit
("draft permit"). In addition to the other issues identified in our May 21, 2019 letter, the proposed
draft permit should not be issued as written because it would violate the antidegradation standards
under the Clean Water Act, and relevant federal and state regulations, for the reasons set forth
below.
The goal of the Clean Water Act of 1972 is to"restore and maintain the chemical,physical,
and biological integrity of the Nation's waters." 33 U.S.C. §1251(a). A critical tool in
"maintain[ing]" the integrity of the Nation's waters is the Clean Water Act's antidegradation
requirement,promulgated through regulations throughout the Act's history,and explicitly codified
into statute with the 1987 Water Quality Act. Under 33 U.S.C. § 1313(d)(4)(B), permitting
standards cannot be revised in violation of the antidegradation policy set forth in that section of
the Clean Water Act. The relevant antidegradation policy is dependent on the water body impacted
by the permitted source, and the level of protection designated by the state in which it lies.
The EPA has promulgated regulations that create different "Tiers" of protection. "Tier I"
provides an absolute floor for all waters of the United States, offering only minimal protection.
"Tier 2"applies to waters whose quality exceeds those standards necessary for"the protection and
propagation of fish, shellfish, and wildlife and provides for recreation in and on the water..." For
Tier 2 waters, the antidegradation policy requires that water quality not be lower than that
necessary to protect"fishable" and "swimmable" uses or other existing uses, and even then can
only be lowered after a rigorous review that includes intergovernmental cooperation and full public
participation, and after the state establishes"the highest statutory and regulatory requirements for
all new and existing point sources. . ."40 C.F.R. §131.12.
The antidegradation policy is highest for"Tier 3" waters, which are those that have been
designated by the relevant state as Outstanding National Resource Waters. The antidegradation
policy mandated for Outstanding National Resource Waters goes even further than the strict
requirements for Tier 2 waters, prohibiting almost any increased pollution; actions such as permit
revisions cannot lead to any reduction in water quality, beyond "temporary and short-term
changes." See EPA Water Quality Standards Handbook Chapter 4: Antidegradation.
In this case, the Tier 3 antidegradation requirements apply: Turkey Point lies on the
shoreline of Biscayne National Park, which Florida has designated as an Outstanding National
Resource Water. F.A.C. 62-302.700(10). Under the relevant antidegradation standards, no permit
revision for a source impacting Biscayne National Park can lead to any reduction in water quality
beyond"temporary and short-term changes."As described in detail in our May 21"comments,the
cooling canal system at Turkey Point is discharging various pollutants into Biscayne Bay, most
significantly nutrients like phosphorus and nitrogen that can lead to algae blooms and cause other
negative environmental effects. The nature of the cooling canal system and its hydrological
connection to Biscayne Bay means that the nutrient pollution is neither "temporary" nor "short-
term,"but is rather a permanent feature of the continued operation of the cooling canal system.
Applicable Florida surface water quality standards for nutrients state that "[m]an-induced
nutrient enrichment(total nitrogen or total phosphorus)shall be considered degradation in relation
to the provisions of Rules 62-302.300, 62-302.700, and 62-4.242, F.A.C. [among other things,
designating Biscayne National Park as an Outstanding National Resource Water]." Therefore,
under the antidegradation requirements of 40 C.F.R. §131.12 and F.A.C. 62-302.700, the new
NPDES permit should not allow permanent discharge to Biscayne National Park through the
plant's cooling canal system. This discharge would not only include nutrient pollution,but would
also include seepage of pollutants discharged from groundwater into surface water. Since the
current permit prohibits such discharges, the draft permit at issue here cannot allow those
discharges without violating the Clean Water Act's anti-degradation requirements.
As stated in our May 21' comments, the area identified in Figures I and 2 of the draft
permit depict property ownership beyond the Turkey Point Power Plant. Authorization of
discharge into the Everglades Mitigation Bank and publicly-owned lands would be a violation of
the antidegradation standards, as these would be areas that had not been covered by the previous
permit and would be a reduction in water quality that is neither"temporary"nor"short-term."
Our May 21"comments also included our concern that the monitoring plan will not capture
violations of water quality standards. The increased monitoring proposed for the wastewater
treatment and effluent disposal facilities, and the adjacent groundwater and surface waters, is
insufficient, as stated earlier. Impacts to the quality of groundwater or to the extent of the
groundwater impacted,would certainly not be"temporary" or"short-term."
Another critical area of concern is that the permit does not state how possible violations of
surface water quality will be addressed.While we support the addition of more monitoring stations,
daily thresholds for salinity, nutrients, and other physical-chemical parameters, and public access
to water quality data (including raw hourly, monthly, and annual reports), the permit must also
describe a procedure for how violations of surface water quality will be addressed. Monitoring
protocols described in the draft permit do not address the response that would occur once an issue
https://www.epa.gov/sites/production/files/2014-10/documents/handbook-chapter4.pdf
has been detected; this seeming lack of a response to issues upon detection would also be a
violation of the antidegradation standards.
Discharge into these areas may also be considered a backsliding under Clean Water Act
section 402(o), as releases into previously unpermitted areas do not represent an existing
Technology-Based Effluent Limitation (TBEL) or a Water Quality Based Effluent Limitation
(WQBEL)developed specifically for this case,nor are they the result of a change in state standards.
According to the EPA NPDES Permit Writers' Manual. TBELs are designed to prevent pollution
by requiring a minimum level of effluent quality attainable through the use of demonstrated
technologies for reducing discharge of pollutants into waters of the United States. NPDES permit
writers are required by 40 CFR §125.3(a) to develop technology-based treatment requirements,
consistent with CWA 301(b) that represent the minimum level of control that must be imposed in
a permit. Site-specific TBELs are supposed to represent the best professional judgment (BPJ) of
the permit writer and are applied to the circumstances of the applicant. See EPA NPDES Permit
Writers' Manual, Chapter 5: Technology-Based Effluent Limitations.2 WQBELs are designed to
protect the quality of the specific waterbody receiving the discharge; they are imposed when
TBELs are not sufficient to protect water quality. Parameter-specific WQBELs in NPDES permits
involve a site-specific evaluation of the discharge (or proposed discharge) and its potential effect
on the receiving water or an evaluation of the effects of multiple sources of a pollutant on the
receiving water (e.g., through a total maximum daily load [TMDL] analysis). The parameter-
specific approach allows for controlling individual parameters before a water quality impact has
occurred or for helping return water quality to a level that will meet designated uses. See EPA
NPDES Permit Writers' Manual Chapter 6: Water Quality-Based Effluent Limitations.2 For
reissued permits, if any of the limitations are less stringent than limitations on the same pollutant
in the previous NPDES permit, the permit writer then conducts an anti-backsliding analysis and,
if necessary, revises the limitations accordingly. Any violations of surface water quality that may
result from unintended releases for which there is no planned response may be considered a
backsliding, a "relaxation of effluent limitations," as there is no TBEL or WQBEL written for
these circumstances, and there would be no limitations on these releases.See EPA NPDES Permit
Writers'Manual Chapter 7: Final Effluent Limitations and Anti-backsliding.2
Given the risk of violating antidegradation standards and possible backsliding, we
implore you to carefully evaluate these concerns. Thank you for your consideration of our
comments. Please do not hesitate to contact us if you have questions at
rachelriilmiamiwaterkeeper.org or cmclaughlin(2 ca.ore.
Sincerely,
Rachel Silverstein, Ph.D. Caroline McLaughlin
Executive Director& Waterkeeper Associate Director— Sun Coast Region
Miami Waterkeeper National Parks Conservation Association
2 https://www.epa.gov/s ites/production/fi les/2014-10/documents/handbook-chapter4.pdf