JEA to consider settling Clean Water Act lawsuit


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  • | 12:00 p.m. July 20, 2010
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by Joe Wilhelm Jr.

Staff Writer

Board meets this morning

Three years after the St. Johns Riverkeeper and The Public Trust Environmental Law Institute of Florida filed suit against the JEA for alleged violations of the Clean Water Act, the suit may reach its end.

The JEA Board of Directors will meet today to discuss a small list of big items, including whether or not to settle a suit filed in federal court in August 2007.

The suit alleged numerous sanitary sewer overflows from two of its wastewater treatment facilities along the St. Johns River. The City’s Office of General Counsel, which represents the JEA, has recommended that the board approve granting the managing director and CEO the authority to settle the suit.

“We will hear the explanation of the recommendation from the Office of General Counsel and then we will have discussion among the board,” said Ron Townsend, board chair.

The St. Johns Riverkeeper declined to comment as negotiations continue with the lawsuit.

U.S. District Court Judge Marcia Morales Howard ordered all parties to mediation during a May 10 hearing. To date, more than $350,000 has been spent in legal fees and experts by JEA.

The board will also discuss amending the budget for the 2010 fiscal year.

The JEA service area experienced a colder than average winter, causing a spike in usage. The additional revenues must be appropriated in order to pay for the higher than budgeted electric sales expenses caused by the weather-related increase.

The sales are projected to result in revenues and expenses 5 percent, or $62.3 million higher, than budgeted, and the recommendation to the board is to allow the managing director and CEO to request a budget amendment in that amount.

The board will also receive some information on “Hydrogeology 101,” which will educate members about water supply planning in Northeast Florida.

“I’m really looking forward to the presentation,” said Townsend. “It should be very informative.”

The presentation will give the board information on the sustainable limits of the Floridan aquifer as a water supply. The JEA is concerned that “overly conservative aquifer withdrawal limitations would result in increased water production operating and capital costs, resulting in significant rate increases for our customers.”

As lawmakers return to Tallahassee for a special session today, the board will receive a legislative update from Paul Steinbrecher, director of permitting and regulatory conformance, and Bud Para, director of legislative affairs.

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