CLEAN WATER

NETWORK

of FLORIDA

October 5, 2009

Dear Commissioner:

As a community leader, we are writing to request your assistance in promoting water quality protection. You have probably heard that the Florida Department of Environmental Protection (FDEP) is proposing substantial changes to Florida's water quality regulations. They would like to create new “splashable and unswimmable” designated use classifications that would legally allow waters to be deemed safe for fishing that are not safe for human contact!

Right now, we aim to make our waterbodies safe for swimming and fishing with “swimmable/fishable” as their designated use in water quality regulation. Indeed, the Clean Water Act was established to ensure that, where attainable, water quality be safe for citizens to fish and swim in healthy, productive waters. This water quality objective makes sense even for canals, because when canals aren't being used for swimming or fishing, they still flow into natural rivers, bays and beach areas which are used for both. Changing the designated use of canals to unswimmable will only make it that much more difficult to reach swimmable standards downstream. Additionally, lowering water quality standards close to where pollution comes from will thwart efforts to ensure that the private sector be accountable in providing source control measures on-site - passing the enormous clean up costs to taxpayers downstream.

Anyone could initiate re-designation to a less-protective "use" category - with the burden of proof shifted from showing that swimmable/fishable standards can't be met in order to down-grade protection, to having to prove that standards can be met in order to upgrade and retain protection. For citizen groups or other entities to stop the downgrading of their local waters on a waterbody by waterbody basis would be extremely difficult, if not impossible. Also, the implementation of these changes could stymie the setting of pollutant limits and execution of basin management action plans for other waterbodies already determined to not be meeting their current water quality standards; therefore, delaying important steps for ensuring public health and safety.

The "poster-child" waterway that the FDEP is pointing to for why these classifications are needed is the concrete-lined Franklin Ditch in Tallahassee, which reclassification proponents have argued should not have to be subject to swimmable / fishable standards. For these exceptional circumstances, we agree. However, creating new lower use classifications produces policy ripe for abuse and exploitation for downgrading water quality protections state-wide.

Clean Water Network of Florida and the Conservancy of Southwest Florida propose a simple alternative solution. Rather than create new broad classifications, such as what FDEP is proposing, the existing Class IV designated use for agricultural ditches should be revised to include urban concrete-lined ditches. This would address the Franklin Ditch and other similar cases, without allowing any other type of waterbody to be downgraded.

As a theoretical "carrot" for supporting the designated use changes, FDEP is also proposing five new aquatic uses, some of which are more protective than the current swimmable/fishable standards. The higher aquatic uses would be for exceptional waters, such as springs and coral reefs. We would, of course, support any effort to better protect our Florida water resources. However, a simpler alternative to revising our entire designated use and water quality standards structure would be to designate such waterbodies as “outstanding natural resource waters”, with corresponding more protective criteria.

We know the Florida Stormwater Association and the FDEP are aggressively seeking support of local governments such as yours for their new designated uses classifications. We hope that you will study this issue very carefully and consider supporting our alternative proposal instead. Protecting Florida's water quality is essential to protecting the basis for our tourism-based economy and quality of life.

Please take a stand for clean water. Here is what you can do to help:

1. Sponsor a resolution that supports Florida's current designated use classifications with Class IV definition amended to include urban concrete-lined ditches. [Note: sample resolution attached]

2. Send the resolution and a letter to FDEP and the Governor to let them know your position.

3. Talk with your local media about the need to maintain and meet swimmable/fishable water quality standards for protecting human health and safety, the environment and our economy.

4. Communicate with your constituents, letting them know why their officials believe current classifications are more protective of their health.

5. Work with your staff to ensure policy positions that maintain or enhance water quality standards, as well as protect the waters in your community.

Please feel free to contact us for further information or a presentation on this issue. Thank you for your time and consideration in this matter.

Very warm regards,

Linda Young

Director

Clean Water Network of FL, Inc

850/322-7978