Here's the Record's article: State investigates city dumping KATI BEXLEYPublication Date: 04/13/06
Florida Department of Environmental Protection is conducting a criminal investigation on the city of St. Augustine for dumping 20,000 cubic yards of material into a borrow pit and staging construction waste and vegetation on the site.
The city admits to putting materials on the 80-acre site on Holmes Boulevard and says it will correct the problem.
"We've made some errors and we've been forthright with the agency in our desire to remain in good standing with (them)," said John Regan, city chief operations officer.
FDEP sent a warning letter on March 15 to Mayor George Gardner stating that the city had possibly violated the law.
The letter cites the following problems with the site.
In January, the city moved 20,000 cubic yards from a site on Riberia Street, which was an old dumping ground, to the borrow pit on Holmes Boulevard. The dumping was unauthorized. On March 1, FDEP investigators found the pit was filled with metal, plastic, paper, wood and other solid waste.
FDEP found that a smaller body of water on the site was filled with lime waste used as a water softener at the city's water plants, yard trash and other vegetation.
Two other areas on the site were being used to store the city's yard trash and construction debris, such as piping, wood and tires, before it was taken to landfills. The city did not have permits for this.
Jill Johnson, FDEP spokeswoman, said there is an open criminal investigation of the city for the violations. She wouldn't give further details.
Teresa Monson, St. Johns River Water Management District spokeswoman, said there are no monitoring wells within miles of the dumping site and there is no potential for water pollution. A monitoring well is tested on a regular basis for various minerals, Monson said.
The city applied to St. Johns River Water Management District for a permit on Dec. 20 to dump material into the borrow pit. But Water Management found the city had already used the site without the permit, which the city admits to, according to documents.
On March 1, the city wrote to St. Johns River Water Management District offices and Jacksonville and asked for authorization to fill the borrow pit. That is the same day Department of Environmental Protection inspectors observed a city work crew dump material into the pit.
In the letter, by Public Works Director Robert Leetch, the city acknowledged that it had already dumped 20,000 cubic yards of material into the pit.
"To our knowledge, there are no known, nor have we observed, contaminants or pollution associated with this wetland creation project," Leetch wrote.
However, the state DEP wrote a warning letter to Mayor George Gardner two weeks later that said none of the city workers involved "had any training that would enable them to identify hazardous ... material."
That letter said that FDEP officials had observed on March 1 city workers putting a large amount of "unauthorized solid waste items visible throughout the entire surface ... and beneath the surface water of the borrow pit."
That city truck dumped a 20-yard container of street sweepings on the property, according to the warning letter. The letter shows FDEP found two sites being used as staging areas for construction and vegetation waste before it was taken to landfills.
The materials put into the borrow pit came from a 3.35-acre salt marsh creation project at the end of Riberia Street, Regan said. The city is restoring wetlands at the Riberia site and the city needed to remove the material promptly so seasonal trees could be planted, said William Pence, the city's environmental attorney of Akerman and Senterfitt in Orlando.
"I think the city got into a situation where permits that were needed weren't applied for in enough time," Pence said. "The city fully anticipated it would receive the permit, and we still believe the permit will be issued."
Monson, of Water Management, said the permit is pending and the department is waiting for the city to show the material in the borrow pit isn't contaminated soil or products.
Pence also said the city had people pulling out debris from the material and that only 1 percent would not fall under the state's definition of clean debris.
Regan said the city wasn't aware that permits were needed for the waste. The city has applied for a permit for the vegetation and cleaned up the construction material, Regan said.
The city will meet with FDEP later this month, Regan said. He said the city will do whatever it takes to be in compliance with the state.
"The most important thing is that, in our opinion, we have not harmed the environment," he said.
The FDEP has given the city until Monday to remove all solid waste from the Holmes Boulevard site and to dispose of it in a proper waste management site. After that, the agency has ordered the city to test the site for contaminants in the soil, sediment, water and ground water. If pollution of the surface or ground water is found, the agency ordered the city to take corrective actions. Click here to return to story:http://staugustine.com/stories/041306/news_3761889.shtml © The St. Augustine Record
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