Webb plans to amend lawsuit legislation


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  • | 12:00 p.m. September 12, 2008
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by Mike Sharkey

Staff Writer

Georgia-Pacific pled their case and the Florida Department of Environmental Protection had their back at Thursday’s Jacksonville Waterways Commission meeting.

Less than an hour after Doug Curtis of Georgia-Pacific explained why his company has to build a new four-mile pipe for effluent for its Putnam County paper mill, City Council member and acting Waterways Chair Jack Webb motioned to amend legislation he introduced to the full Council Aug. 26. That legislation would have asked the Office of General Counsel “to pursue all legal and administrative avenues to prevent a 4-mile polluting pipeline from a paper mill to the St. Johns River in Putnam County, which will damage the St. Johns River water resources or ecology.” The legislation also would have authorized “the retention of special counsel if necessary.”

Webb’s motion was carried and approved by a 6-1 vote.

“It’s just too early to pass a resolution to pursue a legal remedy,” said Webb, who chaired the meeting in place of Council member and Waterways Chair Bill Bishop. “We need more time to examine the science.”

It was a combination of science and a court ruling that may have influenced Webb, the Waterways Commission and even Riverkeeper Neil Armingeon, to an extent.

Curtis, environmental manager for Georgia-Pacific, and Greg Strong, regional director of FDEP, explained that a court order mandates the 36-inch, four-mile pipeline be built. According to Curtis, Georgia-Pacific has been dumping wastewater from the paper mill into Rice Creek — a tributary of the river — since 1948. Over those 60 years, the five-mile creek that’s narrow enough to jump over in some places, has effectively been killed. Strong claims local anglers do catch fish in Rice Creek. However, because it has been dredged, its shape is more box-like and without natural slopes, Rice Creek doesn’t contain natural or valuable grass beds that would help dilute effluent.

In fact, Rice Creek is so small and its flow is so minimal, Curtis says almost 95 percent of its flow to the river is attributable to the effluent produced by the mill.

In 2005, Georgia-Pacific was awarded its final permit for the new pipeline, a pipeline deemed necessary by an administrative law judge, who ordered Georgia-Pacific to relocate the pipeline if water quality standards could not be met. According to the court order, that new pipeline must be in place by September 2010.

Curtis said his company has spent $200 million over the years to reduce wastewater and improve the water quality of its effluent.

“We were required to make several upgrades to the facility and went well beyond the rules,” said Curtis. “We agreed to do things well beyond state requirements. We could have spent $40 million to comply. Our effluent discharge is down by 40 percent a day and we continue to push to keep water use down.”

The Putnam County mill produces 3,000 tons of Kraft paper a year and includes a 580-acre manufacturing facility. The plant has a $370 million annual operating budget and an $86 million payroll, making it the largest employer in the county.

Strong said the new pipeline will not create more effluent.

“All we are talking about is a relocation to a better discharge point,” he said. “The flow volume in Rice Creek simply isn’t large enough for Georgia-Pacific. In 2002, the plan was thoroughly reviewed by an administrative law judge. The relocation will result in a net administrative benefit. The bottom line is, this project will be protective of the river.

“It was an open and transparent permitting process and on all counts, it really is a net positive project.

“The St. Johns River is a natural resource that the Florida Department of Environmental Protection is committed to preserving. I hope you (the Commission) prefer science and reason over emotion.”

Armingeon, arguably the most staunch supporter of the St. Johns River in the area, admitted the company has improved its wastewater discharge process.

“The Georgia-Pacific mill has improved the process, no question. But, I don’t agree with much of what I heard today,” said Armingeon. “It is still the state’s second-largest discharger of nitrogen into the lower St. Johns. We are all concerned about algae and we know what causes algae.”

Armingeon insists the new discharge point will not meet water quality standards. However, he is resigned to the fact Georgia-Pacific must dispose of the effluent somewhere and he’d prefer it not be at the bottom of the St. Johns River.

“We believe, and it hurts me more than you know to say this, it’s best to leave the discharge in Rice Creek,” said Armingeon. “It’s better to sacrifice one body of water over another and it hurts me.”

Armingeon did question why, if Georgia-Pacific is going to spend $35 million on the new pipeline, it couldn’t look at other areas to discharge the effluent and spend that money in those areas.

Webb, in deciding to amend his bill, said he now sees the need for better communication among everyone involved.

“We do not need to require OGC to hire outside counsel to fight this,” said Webb, who added after the meeting he does believe Georgia-Pacific spent $200 million to improve its wastewater system. “But, I believe we are hamstrung by the findings of the administrative law judge. I tend to agree with Neil Armingeon. We just leave it where it is. But, we may be precluded by what the judge ruled.”

All parties involved, including Dr. Quinton White of Jacksonville University, have meetings scheduled with each other to discuss other options.

In other news from the meeting:

• White said Thursday’s meeting was the last under the current contract between JU and the Waterways Commission. He said they will operate under a 90-day agreement until a new contract can be worked out.

“At one point there was discussion of eliminating our manatee flights,” said White. “Hopefully, we can continue the long relationship we have had with the Commission on manatee issues.”

Former City Council member and Waterways Chair Lynette Self urged the City and JU to begin working on a new contract as soon as possible.

“The City needs to get it together on this,” she said, adding it can take upwards of six months to finalize such contracts.

• Dr. Gerard Pinto of JU said Monday’s manatee flight resulted in a count of just 20, a dramatic drop from the Aug. 25 flight during which 107 manatees were spotted in Duval County waters. He said the weather conditions Monday were likely a major factor in the low count.

 

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