Cudjoe property owners associations
make offer to resolve wells dispute
BY TERRY SCHMIDA
The two property owners associations suing over sewage issues at the Cudjoe Regional Wastewater System treatment facility, have tossed proverbial coins in the well, made a wish, and submitted an offer to settle the matter.
The legal overture, from the Cudjoe Gardens and Sugarloaf Shores property owners associations, was made public on Sept. 24, and would allow limited use of shallow injection wells by the Florida Keys Aqueduct Authority-run plant during construction of a legally required deep injection well. The shallow wells could also be used as a backup to the coming deeper system, with the stipulations that use be kept to a minimum, and water quality tests be conducted for both nearshore waters and for local groundwater.
“We note that although recent tests found that it is appropriate to use the shallow wells for startup and backup, it is silent on the impact on surface water of using the shallow wells for full flows,” Cudjoe Gardens Property Owners President Larry Francisco wrote in a press release. “Given the slowdown in completion of the sewer system, we believe it is possible to use the shallow wells while the flows remain low. We have a chance to put this litigation behind us and let FKAA focus its attention on completing the project.”
On Sept. 28, Sugarloaf Shores POA President Chuck Licis said that both organizations are still waiting for feedback on their offer.
“We haven’t heard anything back just yet, but our legal team will be heading up to Tallahassee for two hearings on the matter,” Licis said. “However, I’m hopeful that [the FKAA] will come to the table and want to talk about it so that we can move forward. We’d like to put this behind us as soon as possible, but we also have some concerns about water quality that we’d like to have addressed.”
Back in mid-September, commercial fishermen Mike Laudicina and Don DeMaria dropped a suit agains the FKAA, Monroe County and the Florida Department of Environmental Protection over the state permit needed to open the treatment plant.
“It is unfortunate that the attorney for the commercial fishermen had to withdraw due to a tragic medical condition,” Licis wrote in the press release. “The POA petitioners believe the law is on our side and are hopeful that we can work out the details of a settlement with FKAA that will secure the protections for which we all have been fighting.”
A Florida Department of Administrative Hearings officer will hear the case in late October, unless the POAs and FKAA reach a settlement beforehand. Should the hearing go ahead as planned, it could delay the opening of the plant, and carry a “risk to taxpayers of extended legal cost as well as the potential cost for a second deep well to serve as a backup,” the two property owners presidents wrote.
“The proposed agreement would also extend the period required for property connections to 365 days beyond startup with the deep injection well as opposed to the current requirement of one year following the invitation to connect,” they added.

 

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