Property owners president still hopeful
for early settlement over Cudjoe wells issue
BY TERRY SCHMIDA
Sugarloaf Shores Property Owners Association President Chuck Licis said Tuesday that’s he’s still confident there can be a negotiated resolution to a legal standoff with government entities, over the Cudjoe Regional sewage treatment plant.
That’s despite the fact that state Department of Administrative Hearings Judge Cantor Bram ruled last week that the Sugarloaf Shores association, and fellow plaintiff the Cudjoe Gardens Property Owners Association cannot challenge a 2009 permit issued for the Blimp Road plant, but may contest the 2014 renewal permit issued by the state Department of Environmental Protection.
The same judge also denied a request by the associations to continue a hearing at the end of the month, as they continue to negotiate with the Florida Keys Aqueduct Authority, Monroe County, and the state DEP.
“We’re still hoping to work with the FKAA, DEP and county before the final hearing later this month,” Licis said, adding that he didn’t think the groups’ leverage in the matter had been reduced by the decision since “both sides have a mutual concern about the environment.
“What we’re asking for is simply water quality monitoring,” Licis added. “Once the plant is in operation, we’d like them to monitor water quality, and if there are increased nutrient levels, to hold off hooking up additional customers to the plant until it’s rectified.”
The most recent legal overture, from the two property owners associations, was made public on Sept. 24, and would allow limited use of shallow injection wells by the FKAA-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.”
Should the Oct. 26 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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