Judge accepts property owner associations’ right to challenge shallow well permit

An administrative law judge ruled today that the Cudjoe Gardens and Sugarloaf Shores property owners associations are entitled to challenge the issuance of the 2014 permits to Florida Keys Aqueduct Authority to operate the shallow injection wells at the Cudjoe Regional Wastewater System treatment plant. The POAs intend to proceed with an Oct. 26 state administrative hearing while awaiting a formal response to the settlement offer they submitted last month.

The geologist engaged by the POAs pointed out that the recent aquifer test data showed that the water level in the wells moves in sync with the tides, proving there is a direct correlation between the shallow wells and surface waters.

“Our goal remains ensuring the safety of nearshore waters. Our experts conclude that if the shallow wells are to be used while the deep well is being built, there is great need to assure that the volume of flow to the shallow wells remains low and to implement monthly water quality monitoring,”  SSPOA President Chuck Licis said.

Testing shows unimpeded vertical flow and confirms that there are no geological barriers to keep the treated effluent from rising to the surface waters, according to Tierra Consulting Group, Inc. He also concluded that turbulence in the shallow wells increases the potential for rock formation erosion that could speed up transport of wastewater to surface water and also could result in a well collapse.

“FKAA’s recent well test data confirms our worst fears about the potential for pollution. Although treated wastewater has less nitrogen and phosphorous than untreated wastewater, it still carries more nutrients than the surface waters can handle. Adding this fertilizer will harm the delicate ecosystem of the Florida Keys. Wasn’t that the reason for replacing septic tanks with a sewer system in the first place?” said CGPOA President Larry Francisco.

The groups want the Florida Department of Environmental Protection and FKAA to add monthly water quality monitoring and, suspend property connections if contamination is detected. The proposed settlement would allow for limited use of the shallow wells during deep well construction and as a backup system.

With a settlement offer on the table, the POAs asked for a continuance of the Oct. 26 hearing in order to focus on negotiations, however, FKAA and Monroe County opposed.

 

“The case is moving forward, but we are still willing to negotiate,” Francisco said. “It’s important to note that our request to restrict flow coincides with what should occur naturally considering the slow progression of the sewer system construction. Hookup should be gradual and that will reduce the risk to the environment, but we want continued testing as a safeguard.

The proposed settlement would also give homeowners one year to connect after the deep well is built before being subject to county enforcement.

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