Executive Order 19-12 “What can we do to achieve more now for Florida’s Environment?”
Sometimes all the bureaucracy of water management makes it difficult to understand how things work. Today, I am going to summarize the goals and requirements of Governor DeSantis’ Executive Order 19-12 Section 1, C. in hopes of giving some simple insight into the responsibility of our state agencies to publicly come together to achieve the Governor’s goal; there are only six months remaining.
On January 10th, 2019, just days after being sworn into office, Governor DeSantis put forth Executive Order 19-12. This order has multiple components, but today, we will focus on Section 1, C:
It states: “Update and secure all restoration plans, within one year, for waterbodies impacting Soth Florida communities, including Lake Okeechobee, the Caloosahatchee, and the St Lucie Estuaries. These updates will ensure the Blue-Green Algae Task Force has the necessary information to provide guidance to the Department of Environmental Protection on maximizing the investments in water quality improvements.
This means that the Basin Management Actions Plans, the system the state uses to try to improve water quality through lessening phosphorus and or nitrogen runoff have to be “updated” by January 10, 2020.
Prior to the Governor’s Executive Order 19-12, there was no unified update date, nor a clear deadline date. Why? Because state statute doesn’t give one. How come? Because over the years special interest has lobbied our state legislature to make it this way. Governor DeSantis’ order complicates this by giving a hard deadline to find out how these BMAPS are working or not working.
An update is an “update on the status of implementation at the end of the first phase and an opportunity to provide recommendations for future phases of the BMAP.”
The three Basin Management Actions Plans that need to be updated include the Okeechobee BMAP; the St Lucie BMAP and the Caloosahatchee BMAP.
Below are maps of these BMAPS; and you can read about the evolution of each one separately by looking it up alphabetically here: https://floridadep.gov/dear/water-quality-restoration/content/basin-management-action-plans-bmaps
The agencies that oversee this process are the Department of Environmental Protection (regulation of water quality standards); the Dept of Agriculture and Consumer Services (BMPs or Best Management Practices); and the South Florida Water Management District (water quantity or “projects)
You will see as you read about these BMAPS they are more of a soft than hard science. These maps were developed to meet a “total maximum daily load” reduction of phosphorus and or nitrogen, overtime – like 20 or 30 years!
To do this, basins and stakeholders are identified, and best management practices for agriculture and other stakeholders are implemented. Then the Dept of Environmental Protection models how much the best management practice will help remove phosphorus and or nitrogen and a certain amount of credit is given for using the Best Management Practice.
It’s kind of like giving a grade based on participation instead of performance. It’s time to raise the bar. In order for the Blue-Green Algae Task Force to have the necessary information to provide guidance to the Department of Environmental Protection on maximizing the investments in water quality improvements,” we must truly know the numbers.
~Monitoring not Modeling!
P.S. Why are the three BMAPs together in the executive order? Lake O is discharged into the St Lucie River and Caloosahatchee so for them to meet their goals, Lake Okeechobee has to meet its goals. For now, we are all connected.
You have probably heard it a hundred times: “BMAP, Basin Management Action Plan..” or “TMDLs….Total Maximum Daily Loads….”
That sounds kind of odd doesn’t it? Load of what?”
Phosphorus and nitrogen going into the water that is…
Florida Department of Environmental Protection:(http://www.dep.state.fl.us/central/Home/Watershed/BMAP.htm)
Anyway, today I will once again to try to boil-down some fancy government terms to help you understand what our state is doing to try to fix the “impaired waters of the state…” such as our St Lucie River and Indian River Lagoon. I will focus on a report about “what is impeding its progress.” This report will be discussed at the Treasure Coast Regional Planning Council on 6-19-15.
“Impediments to Implementation of the Indian River Lagoon Basin Management Action Plans” by the East Central Florida Regional Planning Council and the Treasure Coast Regional Planning Council was prepared with technical assistance from the Florida Department of Economic Opportunity, 5-27-15.
For a full copy of this report please contact Mr Michael Busha at email@example.com
Here we go:
The Background section of the report notes:” …In the past century the IRL has been affected by many activities including the creation of inlets, dredging of navigational channels, impoundment of mangroves for mosquito control, shoreline development, and alteration of the watershed basins draining into the lagoon. Today water quality the single most important issue impacting the lagoon. The decline in water quality is attributed to an increase in nutrient input, sedimentation, turbidity, atmospheric deposition, nutrient releases from legacy muck deposits, and changes in salinity due to freshwater discharges. The issue is complex because the impact comes from a variety of sources, including non point sources of stromwater entering the lagoon through major canals systems as well as through smaller creeks, tributaries, and individual outfall structures.”
Here I must state something not noted in the report in case you don’t know: Not until a water body is declared as “impaired” does it get the help of the state creating a Basin Management Action Plan through the implementation of TMDLs—-or the determination of Total Maximum Daily Loads.
I wrote something in the past about this and likened a “total maximum daily load” to a “maximum daily allowance of cigarettes that one is allowed to smoke before one gets cancer…..a “total daily maximum daily load” of phosphorus and or nitrogen is what the government is talking about with the river. How much it can take before it gets sick/impaired.
Phosphorus and nitrogen come from different sources; I always note fertilizer as an example because it is written right there on the bag, and fertilizer from farming and people’s yards is a huge source of the LOAD of phosphorus and nitrogen going into our St Lucie River/Indian River Lagoon….
Right now all our water bodies get too much nutrient pollution (too many cigarettes) so now the government is figuring out how to cut back slowly over time….the problem is the river may die while we are “trying to kick the habit…”
Now, back to the official document: There are currently 20 adopted BMAPs in Florida. Portions of the IRL are addressed by four of the adopted BMAPs. They are North IRL; Banana River: Central IRL; St Lucie River and Estuary.
Each plan varies but has the same goal: to lessen nutrient pollution, to improve water quality, and whether the plan says it or not, to increase sea grasses….The plans outline specific project that are expected to provide load reductions of phosphorus and nitrogen. All plans are implemented in 5 year periods spread out over 15 years. Plans can be many things, turning dirt, holding water, implementing best management practices not to allow runoff….
Polluted runoff causes impairment…
The St Lucie River was determined as “impaired” in 2002. (Report at end of blog.)
The SLR/IRL BMAP was adopted in 2013. So to figure out how this plan will work….in 2018 the state will have a goal for load reduction; then again in 2023; and then again in 2028. Each time period the load numbers should be going down, and if they are not, cities, counties, and other stakeholders, like agriculture, and other polluters, should be in trouble if there is not a reduction in loads. DEP oversees all of this.
Kind of confusing isn’t it? And I am not sure my dates are correct, but hopefully you get the idea….Perfect science? No. But at least there is a plan…I just wish they’d get us off the cigarettes faster. Like make us go “cold turkey.”
The report list the following impediments the BMAPs.
1. Inadequate Funding….
2. Nutrient Load from Muck not Addressed. (Muck holds nutrients so when it get stirred up from winds or storms it is “re-released…” (Second hand smoke….)
3. Nutrient Loads from ground water are not being addressed. (Groundwater comes up from the ground as tides rise and bring nutrients like from septic tanks into the river and lagoon—gross.)
4. No Incentive for Stormwater Management. I am not really sure about this one but obviously it has to do with incentives; seems like the government could help create incentives if we would reward clean water….(inventions, lessen people’s taxes if they achieve clean water “loads.”) Hey doesn’t the Dept of Economic Opportunity do stuff like this?
5. Incomplete water quality data. Collecting data is expensive. Maybe high school kids could get credit if they did it…..and let’s face it: WE KNOW the WATER’S DIRTY. Focus on the source and stop acting like we don’t know where all this nutrient pollution is coming from!
6. Inadequate Water Quality Monitoring. Same thing as above. Figure it out. Guess….
7. Unequal treatment of public and private entities, agriculture, and water control. This is complicated, but basically in my opinion the Right to Farm Act puts less stringent standards on agriculture to prove they are lessening loads than on municipalities and counties. BMPs vs NPDS (Best Management Practices vs. National Pollutant Discharge Elimination System…)This is a huge problem. Ag has to enter the 21st century. All ag. Best Management Practices are “voluntary.” This is not enough!
8. Onerous conditions attached to BMAP projects
9. Inadequate technology to meet TMDL goals
10. BMAPS are based on flawed TMDLs
11. Trends in nutrient loading from atmosphere not being considered. (Phosphorus and nitrogen come in from rains and winds from as far away as the Europe, Africa and other nations polluting too…
12. Legacy Loading in Lake Okeechobee. THIS IS MY FAVORITE. How can surrounding governments and stakeholders be held responsible for lowering loads when periodic releases from Lake O through the C-44 canal pollute the water as fast as we can clean it up? For instance this year the ACOE and SFWMD have released into the estuary since January 16th and just stopped three weeks ago…MAJOR SECOND HAND SMOKE!!!!!!
13. Lack of Operations Monitoring
14. Load allocation process is not consistent between BMAPs. This has to do with undeveloped land being removed from the maps as nutrient reductions are not required on those lands…
There is a lot more to the report but that is a summary.
This whole process of BMAPS and TMDLs is confusing, but I wanted to at least give you an idea of the report. We must remember not to be too negative for the state workers implementing the BMAP. Negativity will not inspire more work, it will inspire less. Also it is not their fault. Fault lies in leadership.
Rather that telling businesses, citizens, and most of all agriculture to QUIT SMOKING, leadership —-and this is going back many years and includes Democrats and Republicans—is basically paying for our rehab over a period of 15 to 35 years.
Florida’s waters do not have time for rehab. They must be fixed today. Tough love is really the only answer.
DEP Declaration of “Impairment” St Lucie River, 2002: (http://www.dep.state.fl.us/southeast/ecosum/ecosums/SLE_Impairment_Narrative_ver_3.7.pdf)