DID THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OBTAIN EMERGENCY PERMIT TO DISPOSE OF TOXIC WATER INTO THE GULF UNDER FALSE PRETENSES? YOU DECIDE!
January 30, 2001, "The difficulties facing the Mulberry Corporation must not be allowed to create difficulties for the residents of the affected areas," said Department of Environmental Protection Secretary David B. Struhs. "We are not acting to study the problem, but will instead work with all concerned to take action and keep this as a story for the business and financial section
rather than becoming environmental news." 

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1. Memorandum
Subject Marine Protection, Research and Sanctuaries Act April 2003
From: James D. Giattian, Director, Water Management Division
To: J. I. Palmer Jr., Regional Administrator, U.S. EPA Region 4
“Attached for your signature is the emergency ocean dumping permit for partially treated wastewater from the abandoned Piney Point facility….” “Florida Division of Emergency Management…emergency does exist at the site if above average rainfall occurs this year….” 

“Emergency” as defined by Section 102a(a) of the MPRSA, 33 USC1412a, EPA may issue emergency permits for the dumping of industrial water into ocean waters if EPA determines that there has been demonstrated to exist an emergency, requiring the dumping of such industrial wastes…and admitting no other feasible solution.“ 

2. April 9, 2003, Environmental Protection Agency EPA issues “one-time permit for disposal of 534.7 millions gallons of partially treated waste water” (enough to fill 700 Olympic-size swimming pools) “from April 9, 2003 through November 30, 2003…ocean dispersion should only be used as a stop gap measure over the short-term until other options could be implemented to relieve the emergency situation.” However, Phil Coram, P. E. Program Administrator, Bureau of Mine Reclamation, FDEP states: “ "Offshore dispersal may provide a long-term solution." 

3. ”The emergency permit is issued based on FDEP speculation of rainfall during April-November and admitting no other feasible solution exists. HOWEVER, on May 4, 2003 Deena Wells, spokeswoman for the FDEP states: We're moving forward with pipeline construction very soon. We are going to build a storage facility to store the water. We expect to be barging it out in the Gulf within six weeks."

4. Further, EPA approves FDEP permit--without Environmental Impact Report on Gulf of Mexico. Scientific research is the foundation of resource management. An Environmental Impact Report provides information about the natural processes in the Gulf of Mexico prior to dumping. This sets the benchmark we will have to determine the effects of the FDEP's dumping activities. Without this knowledge the FDEP cannot make effective resource management decisions. 

When FDEP representatives were asked why no Environmental Impact Report was obtained and no scientific data to support FDEP’s decision, David Herbster FDEP sites "budget cutbacks." Orlando Rivera, PWS, Environmental Adm., Mandatory Phosphate Section, Bureau of Mine Reclamation states, "The Florida legislature, while recognizing that the extraction and processing of phosphate has the potential for causing adverse impacts to the environment, also recognizes that the extraction and processing of phosphate contributes to the economic well-being of the state. The DEP sees no reason to duplicate or question the federal government's effort on this issue". 

5. The dispersion area will be 19,500 square miles. Dave Herbster, FDEP states: “this is a relatively safe option“. Distribution will be 40 miles off shore, which abuts spawning habitat of grouper and other fish species, not to mention affects on coral and sponges. Nor does FDEP's proposed action address tidal flows, which could cause more death of fish, dolphins, and endangered manatees.

CONSIDER FDEP’S FIDUCIARY RESPONSIBILITY

The U .S. Environmental Protection Agency (EPA) emphasis is on human health and safety; any benefits to fish and wildlife are indirect. The EPA often does not address off-site contamination of natural resources. The Florida Department of Environmental Protection MISSION STATEMENT: “To Protect Florida's Coastal and Aquatic Resources. Focus efforts within and beyond our boundaries to address priority threats to the ecosystem. Make decisions based on the best available science and information such as, changes in water quality, abundance and diversity of fish populations, and natural replenishment of corals and sponges." Taken directly from FDEP's Website.

When you visit www.myflorida.com, Florida Department of Environmental Protection, Mine Reclamation, Mandatory phosphates note the links: Florida Phosphate Council and others! Hardly unbiased sources. Does the FDEP think we are ignorant enough not to believe who really is in control in the State of Florida? It certainly is not the FDEP it is and will be the phosphate mining companies, unless you take action. 

We are a group of business people disbursed throughout the State of Florida We are both Democratic and Republican, some highly active in environmental causes and many, well apathetic who have joined together under S.O.S.--Save Our Seas to protect the Gulf of Mexico from becoming the future dumping ground for the phosphate mining industry. We are fighting a multi-billion dollar business here in Florida and we need your help! Log onto www.flsenate.gov and www.myfloridahouse.com Tell your local representatives that in accordance with this statement made to us by the Florida Attorney General: “The Legislature has the ultimate oversight of state agencies.” They are where the buck ultimately stops! Demand that they tell the FEPA to immediately cease and desist the proposed toxic dumping in the Gulf of Mexico since the EPA’s Emergency Permit is based upon flawed criteria for “emergency” dumping.

ULTIMATELY,THE LIFE OF THE GULF OF MEXICO DEPENDS UPON YOUR IMMEDIATE ACTION! 

Sincerely,