LTC 446-2019 GRAND JURY REPORT REGARDING HEALTH OF BISCAYNE BAY MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LTC# 446-2019 LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Co mission
FROM: Jimmy L. Morales, City Manager 1 ,41.4
DATE: August 9, 2019
SUBJECT: GRAND JURY REPORT RE a ARDING HEALTH OF BISCAYNE BAY
The purpose of this Letter to Commission is to share with the Mayor and Commission the Report
on the Health of Biscayne Bay issued by the Fall Term Miami-Dade County Grand Jury convened
by State Attorney Katherine Fernandez Rundle. The 33-page report was issued yesterday and has
been in the works since last November. A copy of the report is attached hereto and a link to the
WLRN coverage of the report is set forth below:
https://www.wlrn.org/post/grand-iurv-report-warns-health-biscavne-bav-tipping-point
Let me first reiterate what my administration and our outstanding team of experts on my Resilience
team, the Public Works department, and the Environment and Sustainability department have
been saying for several years. The challenges that face Biscayne Bay require a regional approach
to tackle the many factors that contribute to the water quality issues and the degradation of that
precious ecosystem. We continue our efforts to work with our County and municipal partners in
that regard.
But, considering the amount of social media and other attention that has been drawn to our
stormwater pumps and the public comments of those (whether for political reasons or otherwise)
who seem to blame our relatively recent stormwater initiatives for all that ails Biscayne Bay, it is
impossible to ignore that not once in the 33-page report does the Grand Jury ever mention our
stormwater pumps or otherwise even hint that our City's efforts are uniquely and adversely
impacting the bay. There is a general discussion of stormwater runoff that focuses on the nutrients
that flow into Biscayne Bay. The report points out,for example, that approximately 100,000 pounds
of dog feces is deposited into the County daily and much of that gets into the stormwater system,
and into the Bay. It also discusses runoff from suburban lawns as a major source of fertilizer
pollution. Again, these are not issues unique to Miami Beach and certainly all of the jurisdictions
in the County need to address the quality of stormwater that enters the canals and bays. But at
no point in the report is there any mention of the conversion of our stormwater system from
gravity to pumped as a special or unique threat to Biscayne Bay.
It is important to highlight the issues that the Grand Jury indicates are serious challenges and the
ways that our City is trying to address them:
1. Septic Tanks: Approximately 105,000 properties in Miami-Dade County are on septic
tanks. The Grand Jury views these as a serious threat to both Biscayne Bay and our fresh
water supply. Every property in the City is connected to central sewer; there are no
septic tanks in Miami Beach.
2. Sewage Contamination: The Grand Jury discovered that leaking and broken sanitary
sewer pipes in the Miami Dade Water and Sewer system have contributed to the spilling of
millions of gallons of sewage directly in Biscayne Bay. The report goes into great detail on
this point, going back almost a decade. As you know, the City's neighborhood projects
not only address stormwater, but also replace old and faulty sanitary sewer and
water pipes. We are doing that at our cost and any delays in our projects also delay
upgrading this critical infrastructure. Please also note that in the last couple of years,
the City installed a redundant sanitary sewer main, at the City's cost, to help address
problems that might arise from the existing old sewer main. Just recently, that redundant
pipe proved very useful when a private contractor ruptured the sewer main on 5th street.
We were able to re-route the sewage to the redundant line while we repaired the old line
and thereby reduced the amount of any spillage.
3. Hard debris: The report highlights how plastics, glass, aluminum cans and other trash find
their way into the stormwater system and, therefore, into the Bay. The
City is aware of this and our program includes several elements to address this:
a. The stormwater pumps use trash racks to capture all solid objects. (See
picture attached hereto).
b. The City cleans its canals 3x a week, up from twice a week prior to our
program.
c. The City cleans out the entire stormwater system (all pipes) once a year,
compared to once every 3-5 years prior to our program.
d. The City has been a leader in trying to reduce "single use" plastics in our
community.
e. We have a robust street cleaning program (and are trying to improve that with
the alternate side street cleaning program).
I believe that there are few, if any, cities in South Florida that can match our efforts to prevent
debris from entering our stormwater system and therefore be discharged into the Bay.
4. Sediment: The Grand Jury notes that sediments flowing into the Bay can also be harmful.
The City is aware of this and our stormwater pumps include vortex structures that
capture a significant amount of the sediment.
5. Excessive Nutrients: The report discusses that excess nutrients (e.g. nitrogen and
phosphorus) allow algae blooms to thrive, which can harm fish and underwater plants by
reducing or eliminating oxygen in the water. The Grand Jury highlights three principal
sources of these nutrients:
i. Nutrients used in agricultural activities that make their way into the canal
system and then into the Bay.
ii. Leaks from the County wastewater system.
iii. Stormwater runoff.
As I noted earlier in the LTC, we have never denied that stormwater is a factor that
contributes to issues in the Bay and we are sensitive to the nutrient content of the water
we discharge. Towards that end:
a. We have established 35 monitoring stations to test our water quality;
b. We have 95 doggie bag dispensers across the city, plus another 119
dispensers in our City parks, to encourage dog owners to pick up the dog
feces and prevent it from entering the stormwater system;
c. Our Integrated Water Management Strategy, which is expected to be
finalized by the end of the year, will leverage green infrastructure to
reduce nutrient loads into the bay;
d. Our enhanced street cleaning program also helps in this effort.; and
e. We are working on a water quality education campaign focusing on
pollution prevention to be released this fall.
I commend the Grand Jury, and State Attorney Katherine Fernandez Rundle, for showing great
leadership on this issue. In an objective, apolitical analysis, they have highlighted the biggest
threats to Biscayne Bay, and identified possible remedies and strategies. Many of these will
require political courage, particularly when it comes to spending the dollars necessary to fix the
County's wastewater system, eliminate septic tanks and other measures that will be necessary in
the long term. This City Commission has shown such leadership in moving forward a stormwater
program that tries to strike a balance between meeting the challenges of climate change and sea
level rise, while still protecting our precious assets like Biscayne Bay and the aquatic ecosystem.
We can always do better in this regard, and we will continue to strive to do so. But I thought it was
important to note that we are but one of many actors and stakeholders that need to come to the
table and do the right thing. Talking about Miami Beach spending billions of dollars for deep well
injection of stormwater (which nobody does) while raw sewage and heavy agricultural nutrients
are pouring into the Bay from sources on the mainland makes no sense. We look forward to
working with our neighbors to come up with regional solutions to what is a regional problem.
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IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
OF FLORIDA IN AND FOR THE COUNTY OF MIAMI-DADE
FINAL REPORT
OF THE
MIAMI-DADE COUNTY GRAND JURY
FALL TERM A.D. 2018
State Attorney
KATHERINE FERNANDEZ RUNDLE
Chief Assistant State Attorney
DON L.HORN
Chief Assistant State Attorney for Special Prosecutions
HOWARD ROSEN
Assistant State Attorneys
DAVID MAER
JOHN PERIKLES
ROBERT BEHAR ERIK KESSLER
VICE FOREPERSON ACTING CLERK
FILED
August 8, 2019
INDEX
Page
THE HEALTH OF BISCAYNE BAY: WATER FLOWS AND WATER WOES 1-27
I. INTRODUCTION 1
II. SEWAGE CONTAMINATION 2
A. Direct Discharge of Sewage(Wastewater) Into The Ocean 4
B. Leaking Sewer Pipes 4
III. HARD DEBRIS: TRASH FLOWING INTO OUR WATERWAYS 8
A. Clean Up Efforts 8
B. Plastics 10
C. Sediment 14
IV. EXCESSIVE NUTRIENTS 15
A. Stormwater Runoff 16
B. Agricultural Activities 16
C. Wastewater Sewer Systems 17
V. CONTAMINATION OF THE BISCAYNE AQUIFER — THE SOURCE OF OUR
DRINKING WATER 17
A. Septic Tanks 17
B. Hypersalinity of Water in Cooling Canals at Florida Power and Light's Turkey Point
Power Plant 24
C. The Saltwater Plume 25
VI. CONCLUSION 27
INDICTMENTS 28-29
ACKNOWLEDGMENTS 30
THE HEALTH OF BISCAYNE BAY:
WATER FLOWS AND WATER WOES
I. INTRODUCTION
Water is essential for human life. Up to 60 percent of the human body of an adult is
comprised of water. The brain and heart are 73 percent water. Lungs are 83 percent water. The
skin is 64 percent water. Muscles and kidneys are 79 percent water,while bones are 31 percent.' •
Water also serves a number of essential functions within the human organism. It is a vital building
material in every cell in our bodies. Through the processes of respiration and sweating, water
regulates our internal body temperature. Water forms saliva,which assists in the digestive process.
The carbohydrates and proteins that our bodies use as food are metabolized and transported by
water in the bloodstream. Water assists in flushing waste from our bodies through urination.
Water acts as a shock absorber for our brain and our spinal cord, and it also lubricates our joints.2
To survive, humans must consume a certain amount of water each day, depending upon
age, gender,and where one lives. Generally,an adult male needs about 3.2 quarts of water a day,
while an adult female needs about 2.3 quarts of water a day. Some of this water comes from food,
but much of it is taken in through drinking fluids, including water.3 While humans may go up to
three weeks without food, they can only survive for three or four days without water.
Not only is water essential for individuals to survive, but in South Florida,water is just as
essential for our way of life. The main economic engine which drives the economy in South
Florida is tourism. In 2018,Greater Miami had a record number of 16.5 million overnight visitors.4
These visitors spent almost $18 billion dollars in Greater Miami.5 Eighty-four percent of the
international tourists and seventy-two percent of the domestic tourists came for vacation or
pleasure.' The importance of the quality of our water to our economy is reflected in the fact that
The Chemical Composition of The Adult Human Body And Its Bearing On The Biochemistry Of Growth,by Ii. H.
Mitchell,T.S. Hamilton,F. R.Steggerda,and H.W. Bean,Journal of Biological Chemistry, 1945, 158:625-637.
z United States Geological Survey(U.S.G.S.),Water Science School,The Water in You:Water and the Human Body;
available at https://www.usgs.gov/special-topic/water-science-school/science/water-you-water-and-human-body?gt-
science center_objects=0#qt-science center objects
Ibid.
''Greater Miami and the Beaches,2018 Visitor Industry Overview,presented by the Greater Miami Convention&
Visitors Bureau,at page 7.
5 Ibid,at page 39.
lbid,at page 14.
1
our beaches were the most popular destinations for tourists to visit. In fact, fifty-three percent of
our international tourists and forty-four percent of our domestic tourists visited a beach during
their stay in Greater Miami.' Both the international visitors and the domestic visitors reported that
our beaches were the "most liked"feature of their visit.$
Florida is the southeasternmost state in our nation, and South Florida is located at the
southeasternmost corner of our peninsula. We are located in a subtropical climate, between the
Atlantic Ocean and the Florida Everglades. Our community sprang forth from a settlement along
the Miami River,and expanded west toward the Everglades,and east,across Biscayne Bay, to the
barrier islands. Biscayne Bay sits as the crown jewel of our environment. Biscayne Bay is an
estuary where freshwater from the mainland mixes with saltwater from the Atlantic Ocean. It is a
source of numerous recreational and commercial activities, including boating, fishing, cruising,
diving, and sightseeing. Clearly, the health and cleanliness of Biscayne Bay is vital to our
community and to our economy.
However,Biscayne Bay is now in a precarious balance. The State of Florida has designated
some portions of Biscayne Bay's waterways as "impaired". There are three (3) major problems
that are contributing to the State's "impaired" designation and negatively impacting the water
quality of Biscayne Bay:
1. Sewage contamination,which results in excessive amounts of harmful bacteria;
2. The presence of excess nutrients, which results in destructive algal blooms;and
3. Pollution and littering, which result in massive amounts of trash being discharged
into the bay via our storm drainage system.
As a result of these three factors Biscayne Bay is at a tipping point. Without corrective action, the
declining quality of this body of water may become irreversible.
II. SEWAGE CONTAMINATION
The Miami-Dade Water and Sewer Department (hereinafter MDWSD) has two main
responsibilities. First,the Department is responsible for supplying freshwater to its customers, the
residents and businesses in Miami-Dade County. To accomplish this goal MDWSD operates and
Mid,at page 23.
8 Mid,at page 3 I.
2
maintains 3 large regional water treatment plants, 5 small water treatment plants, and the Hialeah
Reverse Osmosis Water Treatment Plant(hereinafter WTP). Using 8,500 miles of pipe MDWSD
supplies an average of 320 million gallons of water a day to its 450,000 retail and 15 wholesale
customers.
MDWSD's second responsibility is to treat and dispose of all wastewater in Miami-Dade
County. Wastewater is generated by both residential (single-family residences and apartment
buildings) and commercial (office buildings, businesses, shopping centers, and restaurants)
sources. Wastewater from these settings primarily originates from water use associated with
bathrooms (toilets, sinks, and showers), laundries (washing machines and sinks), kitchens (sinks
and garbage disposals), and general cleaning (utility sinks). Industrial, manufacturing, and
institutional facilities also generate wastewater that has to be disposed of.
To treat and dispose of all of the wastewater in Miami-Dade County, MDWSD operates
three (3) wastewater treatment plants, which collect, treat, and dispose of 300 million gallons of
wastewater a day. This equates to approximately 120 gallons per day for every resident of Miami-
Dade County. The wastewater system is comprised of a labyrinth of 6,500 miles of main pipes
and laterals, as well as over a thousand sewer pump stations which keep the flow of wastewater
moving. The three large wastewater treatment facilities are: 1)the North District WTP,located at
Florida International University North; 2) the Central District WTP, located at Key
Biscayne/Virginia Key;and 3)the South District WTP,located at Black Point Marina. The Central
District WTP processes the highest volume of wastewater.
There are three main steps to treating wastewater. The primary process consists of
removing grit such as sticks,rocks,toilet wipes,paper towels, feces, and other hard debris. In the
secondary process, microbes are utilized. These microbes, when exposed to oxygen, serve to kill
organic material. The final process involves the addition of chlorine.
Once treated, wastewater from the three treatment plants—which is referred to as effluent
— is disposed of in one of two different ways; deep injection wells or ocean outfall. The deep
injection well process involves injecting the effluent deep underground. All of the effluent from
the South District WTP and some of the effluent from the North District WTP is disposed of via
deep injection.
3
A. Direct Discharge of Sewage(Wastewater) Into the Ocean
The second way for the disposing of wastewater is ocean outfall. Ocean outfall involves
the discharge of effluent three(3)miles offshore into the Gulfstream Current in the Atlantic Ocean
in 100 foot deep water through 96-inch pipes which lie on the bottom of Biscayne Bay. All of the
effluent from the Central District WTP—which has the highest volume—and some of the effluent
from the North District WTP is disposed of in this manner. The average daily amount of effluent
disposed of via the ocean outfall pipe from the Central District WTP on Key BiscayneNirginia
Key is 143 million gallons of sewage a day.
While we were told that ninety-six(96)percent of this effluent goes into the ocean and is
swept away from our coast, we were also told that there is a four(4)percent chance that some of
it will return to our coast. The idea that our wastewater, whether treated or not, is being pumped
into our most valuable resource, our ocean and Bay, is extremely troubling. We were happy to
hear that legislation enacted in 2008 mandates that by the year 2025 the Miami-Dade Water and
Sewer Department will no longer be able to dispose of wastewater via the ocean outfall process.
In 2025 there will be a permanent ban on dumping treated sewage directly into our waterways.
We implore all parties to make sure that other disposal processes will be created and will be in
place to ensure strict compliance with the impending timeline.
B. Leaking Sewer Pipes
In addition to the sewage and wastewater that is intentionally being discharged into the
Atlantic Ocean, this Grand Jury discovered that leaking, broken and busted sewer pipes have
contributed to the spilling of millions of gallons of sewage directly into Biscayne Bay. Significant
portions of the 6,500 miles of main pipes and laterals in the MDWSD wastewater system are old,
and in need of replacement. MDWSD is supposed to assess and make repairs to the entire system
of pipes on a ten (10) year cycle. However, we heard testimony that approximately half of the
water being treated at the wastewater treatment facilities is mostly groundwater that has seeped
into,and actually intruded into the wastewater system through leaks and cracks in the sewer pipes.
A plethora of media accounts over the past several years reveal the poor condition of the
pipes and demonstrates how frequently significant breaks in our sewage system cause thousands
https://www.miamiherald.com/news/local/environment/article I64655777.html
4
of gallons of raw sewage to pour into our Bay. On a summer evening in 2010, a break in a 72-
inch(6 foot) sewer line at N.W. 18th Avenue and 157th Street caused a spill that lasted for about
twelve (12) hours before it was stopped. During those twelve (12) hours, roughly 20 million
gallons of sewage spilled into the Biscayne Canal. The Biscayne Canal empties into Biscayne Bay
in the Miami Shores area. The day after the break in the 6-foot sewer line, health officials issued
an advisory regarding sewage contamination in Biscayne Bay. The advisory affected the area from
Oleta River State Park, near the rupture point, south to the Julia Tuttle Causeway, including 13a1
Harbour Beach and Haulover Park. People were advised to avoid all swimming and recreational
activities in the area.10
An article in the Palm Beach Post from 2012 started by stating that"Miami-Dade County's
antiquated sewer system has ruptured at least 65 times over the past two years,spewing more than
47 million gallons of untreated human waste into waterways and streets from rural South Miami-
Dade to the ritzy condos of Brickell Avenue to the Broward County Border."" The article stated
that many of the leaks were relatively minor, posing minimal public health concerns, but that at
least eight(8) leaks topped 100,000 gallons. Six other leaks released more than a million gallons
of raw sewage "from rusted valves or cracked concrete-and-steel pipes that county engineers
acknowledge had long out-lived their intended life span."I2
Between October and December of 2011, four (4) separate sewage system failures sent a
total of more than 19 million gallons spilling from the Central District Wastewater Treatment
Plant.13 One of those spills,on October 9,2011, spilled 17 million gallons of raw sewage.14 Three
weeks later,on October 31,2011,as operators shifted from a generator to the power grid there was
a power outage. That power outage caused another million gallons of partially treated sewage to
spill out of a relief valve directly into Biscayne Bay. Again, Miami-Dade County was forced to
issue a"no-swimming"advisory for the affected areas.
Miami-Dade County has two(2)96-inch ocean outfall pipes that transport sewage directly
out and into the Atlantic Ocean. The two (2) ocean outfall pipes in Miami-Dade County were
10 https://www.sun-sentinel.com/news/fl-xpm-2010-06-20-fl-biscayne-bay-sewage-062110-20100620-story.html
"
https://www.pahnbeachpost.com/article/20120515/NEWS/812032210
12!bid.
"Ibid.
'a Ibid.
5
constructed in 1956 and 1975.'' One of the 96-inch ocean outfall pipes, the one from the Central
District WTP located at Key Biscayne/Virginia Key, was leaking sewage in shallow water within
one mile of Fisher Island.16 Although the pipe was repaired in the summer of 2017,it was reported
that the pipe had been leaking for at least a year. A lobster fisherman purportedly reported the
broken ocean outfall pipe to MDWSD officials in August of 2016.17
We discovered during our investigation that what might start out as a relatively small or
insignificant problem in the sewage system could still have a major impact upon Biscayne Bay.
For instance, in August of 2018, a faulty grease trap at a local restaurant caused a sewage leak.
The restaurant located near the 1800 block of the John F. Kennedy Causeway(N.E. 79th Street)
on Treasure Island in North Bay Village, for all intents and purposes, sits on a small island in the
middle of Biscayne Bay, between the mainland and Miami Beach. Because of the restaurant's
location when the grease trap malfunctioned the resultant sewage spill poured directly into
Biscayne Bay. North Bay Village had to call in Miami-Dade County's Department of
Environmental Resources Management to help contain the spill.18
This past October, during a routine daily inspection of the pump stations on the City of
Miami Beach,city inspectors discovered cracks in a wastewater pipe under the bridge to La Gorce
Island. Though the leak lasted less than sixteen(16)hours, the inspectors believe that during that
time approximately 800 gallons of raw sewage leaked out of the pipe and directly into Biscayne
Bay.'9
On Tuesday, December 4th, 2018, during the week of Art Basel, which brings thousands
of visitors and millions of dollars into our community, a construction contractor broke a 16-inch
sewage pipe, spilling just over 9,200 gallons of wastewater at the corner of N.E. 2nd Avenue and
30th Street. Much of the wastewater went into storm drains that flush directly into Biscayne Bay.
While the spotlight of the annual world renown Art Basel was beginning to shine upon our 1
community once again, officials had to issue warnings against swimming, boating, or fishing in
waters between the Venetian Causeway and the Julia Tuttle Causeway. Two days later the
15 https://www.miamiherald.com/news/local/environment/article I 64655777.htnt I
16 Ibid.
"lbid
'a https:f/www.local!0.com/news/tlorida/miami-dade/sewage-leaking-into-biscayne-bay-near-north-bay-village
19 haps://www.miaminewtimes.com/news/biscayne-bay-polluted-by-800-gallons-of-poop-from-miami-beach-city-
says-10926772
6
warnings were lifted, after water testing showed no elevated levels of pollution from the sewage
spill 20
In November of 2018 there was a power outage at the North District Wastewater Treatment
Plant. As the pumps were not operating, hundreds of thousands of gallons of treated wastewater
was released into the Oleta River, which runs directly into Biscayne Bay.
Finally, on Super Bowl Sunday, February 3, 2019, three(3)pumps in a pump station that
serves the North District WTP became clogged. As a result, over about a twelve-hour period
approximately 750,000 gallons of untreated wastewater backed up in the facility and spilled into
the storm drain system. That untreated wastewater subsequently flowed into the Oleta River, and
ultimately into Biscayne Bay.21 The Miami-Dade Water and Sewer Department once again issued
a precautionary advisory against swimming,fishing,or boating in the area bounded by N.E. 163rd
Street to the north, Haulover Inlet, including Haulover Beach, to the south; the Intracoastal
Waterway to the east,and mainland Miami-Dade County to the west. This also included beaches
in Bal Barbour and Oleta River State Park.22 Fortunately,the Super Bowl was not in Miami-Dade
County this year.
Very often, these breaches in the wastewater sewage system result in the issuance of a
public health advisory,such that beaches are closed and residents and visitors are told not to swim
or engage in other recreational activities in Biscayne Bay or the Atlantic Ocean. Not only are these
spills harmful to the physical health of our residents and visitors, but they also have a direct
negative impact upon the health of our economy. We believe the negative publicity from these
events scares away international and domestic visitors who are so essential to our economy.
We discovered during this investigation that Miami-Dade County is under a 2014 federal
court order to repair its aging wastewater sewer system as part of a $1.6 billion-dollar consent
decree. While there have been significant advancements in replacement and repairs to the aging
sewer pipes, we urge the Miami-Dade Water and Sewer Department to continue to modernize its
infrastructure as expeditiously as possible, without sacrificing the quality of work. We urge our
20 https://www.miamiherald.com/news/local/environment/artic1e222662665.htmI
71 https://www.newsweek.com/florida-officials-dont-swim-fish-after-mechanical-failure-pump-station-1317007
22 lbid
7
elected officials and county staff to be ever vigilant in assessing the system and the employees that
maintain it.
III. HARD DEBRIS: TRASH FLOWING INTO OUR WATERWAYS
As the population of South Florida increased and moved west, a series of canals were
constructed to drain land for development and to control flooding. After there was catastrophic
flooding from Lake Okeechobee caused by severe hurricanes in 1926 and 1928,the Army Corps
of Engineers built a dike around Lake Okeechobee. Additional flooding in 1947 led to the
construction of an unprecedented number of canals throughout South Florida, regionally and
locally. To control flooding,during periods of heavy rainfall, freshwater from the Everglades is
moved east,via the canals. The water which courses through these canals also carries many other
materials, including a significant amount of debris. Plastics,glass, and other trash are often found
floating in the canals. Why is this a problem?
Our stormwater drainage system in South Florida ultimately discharges into Biscayne Bay.
Although most of our stormwater drains flow toward the canal systems, and then into the Bay,
some stormwater drains flow directly into the Bay. Accordingly, all of the items we see by the
side of the road,including plastic shopping bags,plastic water bottles,paper items,aluminum cans,
Styrofoam, plastic straws, food containers, and other organic and inorganic trash and waste
products, are often washed into our stormwater drains. From there, eventually those items will
find their way into the Bay. Whenever someone decides to throw trash out of a moving car, they
need to consider the fact that there is a significant likelihood that the piece of trash that they are
throwing out of their window will end up in Biscayne Bay. It is estimated that eighty percent
(80%) of the marine debris in Biscayne Bay comes from land-based sources, including litter
washed into the Bay through the stormwater system.
A. Clean Up Efforts
As a direct result of the massive littering, various individuals and community groups
participate in various cleanup activities to clean Biscayne Bay. Baynanza is a celebration of
Biscayne Bay and a recognition of its significance as one of our most important ecological systems
in South Florida. While Baynanza includes numerous events over a period of several weeks, the
Biscayne Bay Cleanup Day has become a primary event. Government partners for this event
include Miami-Dade County,the City of Miami and the City of Miami Beach. Biscayne National
8
Park, numerous corporate partners, as well as non-profits, environmental groups, and other
community groups also participate in this worthwhile event.
Many of these groups not only participate in Biscayne Bay Cleanup Day in conjunction
with Baynanza, but also conduct and sponsor regular cleanups of Biscayne Bay and its shoreline.
One such group is VolunteerCleanup.org. VolunteerCleanup.org conducts regular cleanups of
numerous areas in and around Biscayne Bay.
One such area that VolunteerCleanup.org cleans on a regular basis is Albert Pallot Park.
Albert Pallot Park is a three (3) acre park that is located on the western shore of Biscayne Bay,
between N.E. 38th and 39th Street,just north of the Julia Tuttle Causeway (State Road 112), in
the Buena Vista neighborhood. It is just a couple of blocks to the east of the Miami Design District.
Large quantities of marine debris build up along the shoreline of Albert Pallot Park on a regular
basis. Cleanups along the shoreline of the park can typically net 300 to 400 pounds of plastic trash.
VolunteerCleanup.org typically performs such cleanups monthly. The fact that this park gets so
much trash along its shoreline appears to be due to the location of the shoreline of Albert Pallot
Park. The park is located on the western edge of Biscayne Bay, and just north of the Julia Tuttle
Causeway. Due to the currents and the structure of the land mass at that location, the trash which
floats into the area and washes up onto the shore appears to have nowhere else to go.
Margaret Pace Park is an eight (8)acre park that is located at 1745 North Bayshore Drive.
It runs along Biscayne Bay from N.E. 17th Terrace to N.E. 20th Street. It is a City of Miami Park.
It contains a dog park, basketball court, playground, volleyball courts, tennis courts, and paved
walking paths. A lot of marine debris also builds up along the shoreline of Margaret Pace Park.
Monthly cleanups of Margaret Pace Park typically also net 300 to 400 pounds of plastic trash.
As one drives along the MacArthur Causeway (State Road A IA) between Miami and
Miami Beach, there are beautiful vistas on both sides. To the south, magnificent cruise ships at
dock at PortMiami, the largest passenger port in the world. To the north, beautiful multimillion-
dollar waterfront homes dot the landscape on Palm Island,Hibiscus Island,and Star Island. Both
of these views are framed by the beautiful shimmering waters of Biscayne Bay. This iconic drive
has been depicted in many movies and television series. However, if one were to pull over to the
side of the road and climb over the protective concrete guardrail, one would see significant
9
amounts of trash washed up on the shore. A recent cleanup along the shoreline of the MacArthur
Causeway(across from Star Island)netted over a thousand(1,000)pounds of trash.
We are making several recommendations to reduce the trash in Biscayne Bay. The first
recommendation, which is very basic but still needs to be repeated and emphasized, is that
everyone needs to be educated as to what the ultimate impact of littering has upon not only the
area where the trash was thrown, but also on Biscayne Bay. It seems that sometimes it takes
children to remind adults not to improperly dispose of trash, so apparently the message is getting
through to children. A continuous series of public service announcements should be undertaken
through radio,television,and social media reminding people of the proper ways to dispose of trash,
and—just as importantly—the improper ways not to. We further recommend that signage to this
effect also be posted in public places such as in parks and on public transportation.
Many storm drains on the side of the road do not have effective gratings over them. Proper
gratings would prevent a significant amount of trash and waste products from entering the
stormwater drainage system. However, that would mean that these items would remain on the
exteriors of the storm drains. So to be effective, these storm drain gratings would have to be
cleaned on a regular schedule. Grates have been installed on all storm drains in the City of
Aventura,to block debris from entering into the drainage system. Consequently,the quality of the
water emptying into the intra-coastal waterways in that area has improved.23 We recommend that
Miami-Dade County and all of the municipalities in Miami-Dade County do the same.
There are additional devices that can be utilized to capture debris which does make its way
into the stormwater drainage system. Items can be trapped by these screening devices to prevent
them from getting into the canal system and into Biscayne Bay. Of course,this will also necessitate
a regular schedule of frequent cleanings of this filtration system. We recommend the
implementation of such a system, as well as more frequent cleaning of the stormwater drainage
system.
B. Plastics
"Single use" plastics make up the vast majority of the trash which is contained in the
stormwater drainage system, the canals, and Biscayne Bay. The most identifiable and common
23 https://www.cityofaventura.com/191/Flood-Protection
10
"single use" plastics are plastic bottles and plastic bags. Plastic is ubiquitous in our daily lives.
From the moment that we awake,there is barely a function that we do that does not involve plastic.
We brush our teeth with plastic toothbrushes utilizing toothpaste that is squeezed from a plastic
tube. We sit on plastic toilet seats and use shampoo that comes from plastic bottles. Our orange
juice is packaged in plastic, as is our coffee, our cereal, our bread, our eggs, our bacon, and our
cheese. And it is barely 7:00 A.M. The rest of our day is the same, filled with plastic,much of it
"single use". But it was not always that way.
World War II necessitated a great expansion of the plastics industry in the United States.24
The need to preserve scarce natural resources made the production of synthetic alternatives
comprised of plastic a priority. Nylon,which was invented in 1935 as a synthetic silk, was used
during the war for parachutes, ropes, body armor, and helmet liners.25 Plexiglas provided an
alternative to glass for aircraft windows.26 During World War 11 plastic production in the United
States increased by 300%.27
Disposable plastic utensils became popular with Americans in the 1 960s. Plastic water
bottles were invented in 1973. In the late 1970s and early 1980s,plastic bags were introduced, to
address concerns about the number of trees which were being cut down in order to produce paper
bags, which at that time, were in common use. We were informed that it takes between 500 and
1,000 years for a plastic bottle or a plastic bag to fully degrade. That means that essentially every
plastic bottle or bag that has ever been produced still exists on this planet in some form. To
highlight this problem,the Grand Jury received information that in the middle of the Pacific Ocean
is an area that has become known as the Great Pacific Garbage Patch. It is comprised of plastics
in various states of degradation, and is said to cover an area twice the size of Texas. It is now
believed that there are 5.25 trillion pieces of plastic debris in the ocean. At least two thirds of the
world's fish stocks are suffering from plastic ingestion and 100,000 marine creatures a year die
from plastic entanglement and these are the ones found.28
2A Conflicts in Chemistry: The Case of Plastics,The History and Future of Plastics, What Are Plastics,and Where
do They Come From?,Science History Institute;available at https://www.sciencehistory.org/the-history-and-future-
of-plastics
'S Ibid.
26 Ibid.
27 Ibid.
28 bttp://oceancrusaders.org/plastic-crusades/plastic-statistics/
11
Reducing the use of single use plastics should be a priority for every individual, every
company,and every entity of government, from the municipality to the nations of the world. One
such way to affect this reduction is through the implementation of a recycling program for single
use plastics such as bottles and bags. Numerous states have already seen success with such
programs for many years. A recycling program is fairly easy to implement and is quite effective.
A recycling program for plastic bottles (such as water bottles) and plastic bags (such as
those utilized by grocery stores)could work as follows. The consumer would be charged a nominal
returnable fee for each plastic bottle that he or she purchases. The fee could be approximately five
or ten cents per bottle. Accordingly, if the consumer buys a single bottle, such as one might buy
at a convenience store or a restaurant, the fee would only be five or ten cents. If the consumer
buys a case of water which consists of twenty-four(24) bottles, the fee would be $1.20 or$2.40,
depending upon if the fee were five or ten cents. If the case of water consists of forty(40)bottles,
the fee would be $2.00 or $4.00, depending upon if the fee were five or ten cents. Upon the
consumer returning the empty bottles to any authorized retailer which sells such plastic bottles,
the fee for each bottle would immediately be refunded to him or her in cash. If the consumer had
bought a bottle of water at a restaurant to drink with their meal, when they were done eating and
turned back in their bottle they would immediately be refunded back the fee. Many years ago,
such a program was in effect in Florida for certain glass bottles (prior to the implementation of
plastic soil drink bottles in the 1990s,soda bottles were all glass).
It has been reported that shoppers worldwide are using approximately 500 billion single-
use plastic bags per year.29 Some stores do not provide free bags for their shoppers. Two(2)states
(California and Hawaii) have banned plastic bags on a statewide level; 4 U.S. states (Delaware,
Maine, Rhode Island and New York) have mandatory recycling or reuse programs in place; and
200 U.S. municipalities have banned or taxed plastic bags. Globally, plastic bags are banned in
32 countries, 18 of which are in Africa.30 Unfortunately for us,Florida was one of 10 U.S. states
(AZ,FL, IA, ID,IN,MI,MN, MO,MS,WI)which has placed preemptive bans on banning plastic
bags.3
29
Id.
30 https://www.reusethisbag.com/articles/where-are-plastic-bags-banned-around-the-world/
31ld.
12
Notwithstanding the statutes, in 2017 the City of Coral Gables passed an Ordinance
prohibiting the use or distribution of single use plastic bags at City special events and prohibited
vendors within the city from giving out single use plastic bags. Following passage of the
ordinance the City of Coral Gables was sued by the Florida Retail Federation Incorporated which
claimed the Florida statutes precluded the city from passing such an ordinance. The court found
the statutes unconstitutional and entered a final order to that affect. Coral Gables' ordinance is
still in effect. We believe the town of Palm Beach, Florida has become the most recent
municipality to say goodbye to single-use plastic bags and polystyrene containers. Their
ordinance, which takes effect December 12, 2019 applies to restaurants, drug stores, grocery
stores,gas stations and vending trucks or carts. It also applies to individuals or groups who hold a
special permit for events on town property.32 We are hopeful that our state will get onboard with
this effort and are pleased to report that during this past legislative session a Senate Bill was filed
which provided,"A store or a food service business may not provide a carryout bag made of plastic
film to a customer". That Bill"died in committee." This Grand Jury recommends that the Florida
Legislature make it a major goal to pass such a bill during its next legislative session.
Alternatively, implementing a recycling program for plastic grocery bags would give
consumers a choice. Consumers could choose to use their own lightweight but heavy-duty bags.
They would bring their empty bags to the grocery store, pack their groceries and take them home
full. These bags are typically made from canvas or another fiber or polypropylene (which is
ironically a plastic). The Florida Legislature passed, and Governor DeSantis signed into law
effective July 1, 2019, Florida Statute §581.217, which creates a state hemp program within the
Florida Department of Agriculture and Consumer Services.33 Hemp is a strong fiber that has
traditionallybeen utilized for the creation ofropes for the military. Hemp would be a good
strong
source of fiber for making such reusable bags. Consumers who choose not to utilize their own
bags for grocery shopping, but who would rather continue to utilize plastic bags, would have the
option of doing so, but would be charged a nominal returnable fee for each plastic bag that he or
she uses for packing their groceries. Once again, the fee could be five or ten cents a bag.
Consumers could actually reuse those plastic bags to save money. Consumers who return the
32https://www.palmbeac hpost.com/news/20190627/palm-beach-becomes-first-county-municipality-to-ban-plastic-
bags-polystyrene-containers
33 See Florida Senate Bill 1020(2019).
13
empty plastic bags to any authorized retailer which utilizes such plastic bags, would receive a cash
refund.
Implementing a plastic bottle or plastic bag recycling program turns the bottle or the bag
into a commodity, by putting a direct value on it. This directly incentivizes consumers to return
the bottles and bags for their refund. Just as the average person would not throw out nickels or
dimes into their trash, or onto the side of the road, or into the Bay, if bottles or bags had a cash
value to them, the consumer would not discard them either.
The free market would serve to ameliorate the trash created by those few who still might
choose to discard their bottles or bags. People who see discarded bottles or bags would pick them
up on their own, as a means of earning extra cash. When glass bottles had a return value, various
groups,including,Boy Scouts,Girl Scouts,sports teams,and others would regularly collect bottles
that they would find as a means to fund certain activities such as trips, or to purchase uniforms.
We urge the Florida Legislature to implement a recycling program such as we detail here.
There is another simple solution to help reduce plastics on our roadways,in our stormwater
system, canals, and in our Bay. Putting more trash receptacles in public places can reduce the
amount of trash that ends up on the ground, and eventually in the Bay. it is not unusual to see
overflowing trash receptacles in some areas of our communities. The overflow ends up on the
ground and from there may be blown or washed into the stormwater system. This result can be
easily avoided with more frequent emptying of trash receptacles. Finally, we also urge that trash
can coverings be utilized that do not allow for wind to blow trash out when the receptacle gets too
full.
C. Sediment
In addition to Biscayne Bay suffering damage from plastics and other marine debris, it is
also negatively impacted by sediment that flows from the canals into the bay.Devices called baffle
boxes can be installed to address this problem. A baffle box is a concrete or fiberglass structure
which can be installed inline in a stormwater drainage system. It contains a series of chambers
that are separated by baffles. The purpose of a baffle box is to filter out sediment from stormwater.
As the water flows through the series of chambers,its flow velocity is reduced as it hits the concrete
baffles,allowing solids and pollutants to settle to the bottom of the box.
14
Baffle boxes have been shown to remove from 500 to 50,000 pounds of sediment per
month,depending upon the sediment load which flows into the baffle box.34 They have been used
successfully in other jurisdictions. To be effective, baffle boxes must be regularly cleaned. For
this reason manhole covers are placed over each chamber, so that each chamber can be easily
accessed for cleaning. While some baffle boxes have been installed in Miami-Dade County, we
recommend the installation of additional baffle boxes at appropriate locations to further reduce the
amount of harmful sediment flowing into Biscayne Bay.
IV. EXCESSIVE NUTRIENTS
Biscayne Bay is a marine estuary that supports a diverse ecosystem. In its natural state,
Biscayne Bay has a living hardbottom habitat with extensive seagrass cover. These seagrass
meadows provide nursery space for baby fish,and a habitat for shrimp and other small crustaceans.
These in turn lure bigger fish, including snapper, sea trout, snook, bonefish, grunt, and tarpon.
Manatees also thrive in these seabeds, where they feed on the seagrass. These seabeds also serve
as a filtration system,which helps to keep the waters of the Bay clear.
Unfortunately,over the past several years, Biscayne Bay has suffered a significant loss of
much of its seagrass. In 2017, Miami-Dade County biologists discussed a study which indicated
that Biscayne Bay has lost more than 21 square miles of seagrass over the pass decade.35 The
shallow basin in the northern portion of Biscayne Bay between the Julia Tuttle Causeway to the
south and the 79th Street Causeway to the north is referred to as the Tuttle basin.36 Nearly half of
the seagrass in this basin has died. With this significant reduction in seagrass the fish have fled.
The bottom of the Tuttle basin is now being referred to as an underwater dust bowl.37 In 2017, the
Florida Department of Enviromnental Protection determined that Biscayne Bay is an "impaired
waterbody" because of the presence of Chlorophyll-a,Nitrogen.35
It is the combination of the nutrients nitrogen and phosphorus that allow algae blooms to
thrive. Too much nitrogen and phosphorus in the water causes algae to grow faster than
3'Stormwater Technology Fact Sheet Baffle Boxes,United States Environmental Protection Agency,Office of
Water,Washington,DC, EPA 832-F-01-004,September 2001.
33 https://www.mlamiherald.cont/news/local/environment/article 145863444.Ittml
36 Ibid.
;7 Ibid.
https://www.miamitodaynews.com/2019/02/05/palm-beach-county-becomes-poster-child-for-biscayne-bays-
health/
15
ecosystems can handle. Significant increases in algae harm water quality, food resources and
habitats, and decrease the oxygen that fish and other aquatic life need to survive. Large growths
of algae, called algal blooms,can severely reduce or eliminate oxygen in the water, leading to the
loss of underwater plants such as seagrasses and the deaths of large numbers of fish.39
Beginning in 2005, after Hurricane Katrina and Hurricane Wilma swept through South
Florida, significant changes became evident in Biscayne Bay. A persistent algal bloom started to
coat the seagrass in the central portion of the Bay.A new tnicroalgae,and a toxic blue-green bloom
at the southern end of the Bay was killing off coral and sponges. Fish populations also shrank.4°
There are many theories as to what caused the increase in nutrients in Biscayne Bay.
Annually, 2,173 tons of nitrogen flow into Biscayne Bay from the canal system in Miami-Dade
County. Amongst this total is approximately 512 tons of nitrogen a year that is not produced in
Miami-Dade County. The source of that nitrogen is the regional canal system which feeds into
our local canals. The various contributors of this nutrient loading into the canal system that
eventually ends up in Biscayne Bay include stormwater runoff, byproducts from agricultural
activities in the western and southern portions of Miami-Dade County, leakage from the
wastewater sewer system,and leakage from septic tanks. In addition to the 2,173 tons of nitrogen
that are loaded into Biscayne Bay from Miami-Dade canals annually, there is an additional 5,400
tons of nitrogen discharged into the ocean through the ocean outfall pipes on an annual basis.
A. Stormwater Runoff
Nutrients flow into the stormwater system from all sorts of sources, including organic
material. Human and pet waste contain nutrients. We were surprised to learn that it is estimated
that based upon the population in Miami-Dade County, approximately 100,000 pounds of dog
feces a day are deposited in our community. Much of this gets into the stormwater system, and
into the Bay. Dog feces contain a lot of nitrogen.
B. Agricultural Activities
Nutrients such as phosphates and nitrogen are utilized in many agricultural activities, and
they easily make their way into the canal system and into the Bay. Sources for phosphates and
United States Environmental Protection Agency(E.P.A.),Environmental Topics,Nutrient Pollution,The Issue;
available at https://www.epa.gov/nutrientpollution/issue
'0 https://www.miamiherald.com/news/local/enviromnent/articleI45863444.html
16
nitrogen include fertilizer that is used on lawns. The nutrients from fertilizer run into storm drains,
the canal system,and eventually the Bay. Runoff from suburban lawns is actually a major source
of fertilizer pollution.
C. Wastewater Sewer Systems
As discussed previously, there are many leaks in the wastewater sewer system in Miami-
Dade County. Consequently, a significant amount of human waste from the wastewater sewer
system makes its way into the canal system and into the Bay.
V. CONTAMINATION OF THE BISCAYNE AQUIFER-THE SOURCE OF OUR
DRINKING WATER
The Biscayne Aquifer underlies an area of about 4,000 square miles and is the principal
source of water for all of Dade and Broward Counties and the southeastern part of Palm Beach
County in southern Florida. The Biscayne Aquifer, which is the primary source of our fresh water
for drinking in South Florida, lies a mere four feet below our feet. It goes as deep as eighty (80)
to one hundred and forty (140)feet. It is a shallow layer of highly permeable limestone. Because
the Biscayne Aquifer is highly permeable and lies at shallow depths everywhere, it is readily
susceptible to contamination. The aquifer is the only source of drinking water for about 3 million
people.`` Major population centers that depend on the Biscayne Aquifer for water supply include
Boca Raton, Pompano Beach, Fort Lauderdale, Hollywood, Hialeah, Miami, Miami Beach, and
Homestead.The Florida Keys also are supplied primarily by water from the Biscayne Aquifer that
is transported from the mainland by pipeline.42 Our natural water supply is being negatively
impacted by: 1) run off from septic tanks; and 2) the hypersalinity of water in the cooling canal
system used by Florida Power and Light to dissipate the heat created by generators at its nuclear
power plant located at Turkey Point.
A. Septic Tanks
Septic tanks not only contribute to the discharge of excessive nutrients into Biscayne Bay,
they also are responsible for contaminating our water supply. There are two (2) ways to handle
Al Ground Water Atlas Of The United States Alabama,Florida,Georgia,South Carolina HA 730-G,
https://pubs.usgs.gov/ha/ha730/ch_g/G-text4.html,
42 Id.
17
wastewater from a residence in Miami-Dade County. The vast majority of residences in Miami-
Dade County are connected to the Miami-Dade Water and Sewer Department's wastewater sewer
system and dispose of their plumbing waste from toilets and sink and shower drains in this manner.
This is what is referred to as a "centralized" system. The centralized system in Miami-Dade
County consists of the vast network of pipes and pumps operated by MDWSD which collect and
move the wastewater from the locations where they are generated to one of the three(3)wastewater
treatment plants operated by MDWSD. However,even with the availability of this massive system
there are approximately 105,000 parcels of property in Miami-Dade County that are not connected
to the centralized MDWSD wastewater collection and treatment system.43 Many of these
properties are located in areas of the county where centralized systems are not available, and they
treat their wastewater onsite, in what are referred to as "decentralized" systems. These
decentralized onsite systems utilize septic tanks.
A septic tank is a large vault, usually constructed of concrete, that is buried under the
ground. It typically holds about 1,000 gallons of wastewater. The solid portion of the waste settles
to the bottom,and light solids and liquids such as oils and grease float to the top. These solids and
liquids remain in the tank. As such, the solid and liquid wastes that remain in the tank must be
pumped out and transported from the site by a trained professional.This requirement dictates that
septic tanks receive routine maintenance.
As wastewater enters the septic tank it dispels an equal amount of wastewater (effluent)
through an outlet valve located on the opposite side of the tank. The outlet valve has a filter in it
that prevents solid debris from exiting the tank. As effluent exits the septic tank, it is distributed
into a drainfield, which sits on top of soil. Once this effluent gets into the drainfield, it begins to
gradually flow down vertically through the soil to the water table. This process is designed to
remove a number of pollutants. However, for pathogens such as bacteria and viruses, and other 1
organic and inorganic pollutants to be removed by natural filtration through the soil, the vertical
flow must be achieved under trnsatuiated flow conditions. In other words,for this natural filtration
process to be effective, the soil that the effluent is flowing down through cannot be saturated.
Unsaturated flow conditions allow for aerobic conditions in the soil. The air-filled pockets in the
Septic Systems Vulnerable To Sea Level Rise,November 2018,Final Report in support of Miami-Dade County
Resolution No. R-911-16.
18
soil slow the rate of vertical flow of the wastewater, which increases the time that it takes for the
effluent to reach the water table. This allows for proper natural absorption,aeration,filtration,and
biochemical reactions to occur.'''
To achieve unsaturated flow conditions, a minimum vertical separation must be
maintained between the bottom surface of the drainfield and the wet season high water table. The
Environmental Protection Agency recommends a minimum separation between the bottom surface
of the drainfield and the wet season high water table of 24 to 48 inches.#5 The minimum separation
required by the Florida Department of Health is 24 inches.46
If the vertical section of soil below a drainfield of a septic tank is saturated, the effluent
that comes out of the drainfield will flow vertically almost unimpeded through the saturated soil,
so it will not have necessary time for the proper absorption, aeration, filtration, and chemical
reactions to occur. This unimpeded vertical flow significantly increases the risk of contamination
of the water table and the risk of impact upon human health. According to Dr. Samir Elmir from
the Florida Department of Health:
"The volume of unsaturated soil underneath the drainfield impacts the [septic system's]
ability to efficiently remove pollutants. It has been shown that aeration of effluent in the unsaturated
soil is important in achieving decomposition of organic particles and compounds, in effectively
removing phosphorus, in facilitating nitrification that serves as the basis for denitrification to
remove nitrogen,and in decreasing bacteria and viruses." In addition,effluent moves more slowly
in unsaturated soil than in saturated soil, and,therefore,experiences a longer treatment time and a
better opportunity for many pollutants to be removed." Studies conducted in Florida show that the
concentrations of various contaminants from the septic tank decrease considerably with the increase
4°Ibid.
u United States Environmental Protection Agency(E.P.A.), Design Manual,Onsite Wastewater Treatment and
Disposal Systems(EPA 625/1-80-012);available at https://www.epa.gov/sites/production/files/2015-
06/documents/septic_1980_osdm_al l.pdf
46 Chapter 64e-6,Florida Administrative Code;available at
https://vww.flrules.org/gateway/ChapterHome.asp?Chapter=64E-6
47 Bicki,T.J.,R.B. Brown,M. E.Collins, R.S. Mansell,and D.F. Rothwell. 1984. Impact of On-Site Sewage
Disposal Systems on Surface and Ground Water Quality. Report to Florida Department of Health and Rehabilitative
Services under Contract number LC 170.
48 Bicki,T.J.and R. B.Brown. 1990.On-Site Sewage Disposal—The Importance of the Wet Season Water Table.
Journal of Environmental Health 52(5):277-279
19
of the depth of unsaturated soil. Bacteria and viruses from wastewater treated by septic systems
travel considerable distances in saturated soil and cause groundwater pollution.'
See Septic Systems Vulnerable To Sea Level Rise, November 2018, Final Report in
support of Miami-Dade County Resolution No. R-911-16, at pg. 14.
Septic tanks and the effluent that flow from their drainfields not only contain large amounts
of ammonia and phosphorus, but also numerous pathogenic human organisms. According to Dr.
Elmir,"shigellosis,salmonella,hepatitis A,viral gastroenteritis and other human viral diseases are
shed in human waste in extremely high numbers(order of millions)in waste discharged from both
ill and healthy people." In addition, Dr. Elmir notes that, "Some of the pathogenic human
organisms can survive harsh and various environmental conditions(extreme temperatures,various
soil moisture conditions,rainfall,salinity,etc.)for a long time from one day to a couple of years."5I
This reality heightens our concerns over how these septic tanks have the potential to contaminate
our drinking water and create health risks for visitors and residents alike.
Saturated soil columns under drainfields do not allow for the filtration and neutralization
of these dangerous pathogens and excessive nutrients from effluent that is discharged from the
drainfields. This, along with old leaky or cracked septic tanks, allows the effluent from these
systems to not only leach into the groundwater, but to also flow into the canal system and then into
Biscayne Bay, carrying these pathogens and nutrients with it. Once this contaminated and
untreated effluent gets into our ground water and the Biscayne Aquifer, it can easily contaminate
our water supply and cause a public health disaster. Studies have demonstrated the migration of
viruses from septic tanks to coastal waters in the Florida Keys, Sarasota, and Charlotte Harbor.52
49 Anderson,D. L.,A. L. Lewis,and K. M.Sherman. 1990.Unsaturated Zone Monitoring Below Subsurface
Wastewater Systems Serving individual Homes in Florida. IN: Proceedings ot'the National Environmental Health
Association's Fifth Annual Midyear conference"Drinking Water and Groundwater Protection". Pp.413-438;Ayres
Associates. 1989 Onsite Sewage Disposal System Research in Florida—Performance Monitoring and Ground Water
Quality Impacts of OSDSs in Subdivision Developments. Prepared for Florida Department of Health and
Rehabilitative Services,Tallahassee,Florida.;Otis,R.J.2007.Estimates of Nitrogen Loadings to Groundwater from
Onsite Wastewater Treatment Systems in the Wekiva Study Area.Task 2 Report Wekiva Onsite Nitrogen
Contribution Study
so Hain,K.E.,and R.T.Obrien. 1979.The survival of enteric viruses in Septic tanks and septic tank drain fields.
Water Resources Res. Inst. Rept.No. 108,New Mexico Water Resources Res. Inst.,New Mexico State Univ., las
Cruces,New Mexico.; Viraraghavan,T. 1978.Travel of microorganisms from a septic tile. Water, Air,and Soil
Poll.9:355-362
5' Septic Systems Vulnerable To Sea Level Rise,November 2018, Final Report in support of Miami-Dade County
Resolution No. R-911-16.
S2 http://www.floridahealth.gov/environmental-health/onsite-sewage/research/__documents/research-
reports/_documents/seasonally-inundated-report.pdf
20
The impact of rising sea levels upon septic tanks are also a major concern. As sea levels
rise, so does the groundwater table. Since 1994, sea levels have risen four (4) inches, and are
expected to increase an additional two (2) to six (6) inches by 2030.53 The increase in sea levels
have led to higher groundwater levels in certain areas. With rising sea levels, the soil column
below a drainfield remains wet and saturated and does not function effectively or efficiently to
filter the effluent coming out of the drainfield of the septic tank. If the water table rises to the level
of the drainfield,there is effectively no filtering of the effluent at all once it leaves the septic tank.
The unfiltered effluent then seeps into the Biscayne Aquifer, and also runs off as surface water,
ultimately getting into Biscayne Bay.
While the current minimum separation between the bottom surface of the drainfield and
the wet season high water table is currently 24 inches for new septic tanks,that was not always the
standard. The standard, which at one time was only 12 inches, was actually made stronger over
time. This means that some septic tanks exist in Miami-Dade County wherein the bottom surface
of the drainfield was only 12 inches above the water table when the system was installed. Since
sea levels have risen four(4) inches since 1994,these drainfields are only eight (8) inches above
the water table now. If the forecasting is correct, and the sea level and the water table rise an
expected two (2) to six (6) inches by 2030, then in the next ten years these drainfields may only
be two(2) inches above the water table. This is almost as if the property owner just flushed their
toilet right into our drinking water.
The Miami-Dade County Board of County Commissioners demonstrated its concern for
this issue in 2016 when it voted in favor of a resolution directing the Mayor or Mayor's designee,
"to study and assess how sea level rise may affect septic systems in Miami-Dade County".
On October 5,2016,the Board of County Commissioners(Board)passed Resolution No.
R-91 I-16, which directs the Mayor or Mayor's designee, "to study and assess how sea level rise
may affect septic systems in Miami-Dade County, and to prepare a report. The report shall, at a
minimum, identify:(1)how septic systems may be affected by sea level rise;(2)the potential risks
involved;(3)areas of the County that could be most impacted;(4)recommendations on how best to
eliminate the vulnerability of septic systems to sea level rise; and(5)recommendations as to any
further legislative or administrative action that may be necessary to address the vulnerabilities and
problems identified, including, but not limited to, seeking funding from the state for purposes of
carrying out the objectives of this item."54
53 Septic Systems Vulnerable To Sea Level Rise,November 2018,Final Report in support of Miami-Dade County
Resolution No. R-9I 1-16.
https://www.miamidade.gov/green/1ibrary/vulnerability-septic-systems-sea-levet-rise.pdf p.7
21
In the November 2018 Final Report in support of Miami-Dade County Resolution No. R-
911-16,it was determined that as of now,56%of the septic systems—or 58,349 parcels of property
—are already periodically compromised during storms or wet years. To make this calculation,the
assumption was that the bottom of the drainfield associated with the septic tank was 18 to 24 inches
below the surface of the ground, and that the minimum required separation between the bottom of
the drainfield and the water table is 24 inches—the minimum required distance to establish aerobic
soil and unsaturated flow and thereby promote proper treatment of the effluent at the wet season
high water table. Therefore,an average wet season water table within 42 inches of the surface of
the ground will result in approximately 18 to 24 inches between the bottom of the drainfield and
the water table and less than 18 to 24 inches for the wettest season water table.At these separations,
water quality may already be periodically compromised for 56%of the septic systems—or 58,349
parcels of property which already have an average wet season water table within 42 inches of the
surface. By the year 2040,with the increase in sea level rise and the accompanying increase in the
water table,it is forecast that water quality will be periodically compromised for 64%of the septic
systems—or 67,234 parcels of property.55
In this regard, it is our recommendation that from now on, no property owner in Miami-
Dade County should be permitted to install a septic tank and MUST connect to the Miami-Dade
Water and Sewer Department's wastewater sewer system, if there is a sewer line in the vicinity.
In those portions of the county where the water table is already so high that any septic tank system
would already be periodically compromised during storms or wet years if such a system were to
be installed, then such a system should not be approved for installation.
Additionally,while we know that Miami-Dade County leaders are exploring the possibility
of connecting the property owners that are currently utilizing onsite decentralized septic tanks onto
the centralized MDWSD wastewater sewer system, we are also aware of the substantial cost that
would be involved to accomplish this. A preliminary analysis in 2013 done by MDWSD estimated
that the cost to connect all of the residential properties to the MDWSD wastewater sewer system
who were on septic tanks would be $2.3 billion. A subsequent report in 2016 indicated that the
cost would be approximately$3.3 billion.' Assuming the figure of 100,000 properties, the cost,
ss Septic Systems Vulnerable To Sea Level Rise,November 2018,Final Report in support of Miami-Dade County
Resolution No. R-9I 1-16.
se lbid
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when spread amongst each property owner, would be approximately $33,000.00 each. This is a
prohibitive cost for property owners to incur.
We know that Miami-Dade County leaders are exploring funding sources for this important
and necessary project, including but not limited to general obligation bonds, revenue bonds, rate
surcharges,the creation of a special taxing district,connection charges,and connection surcharges.
Because this is such a critical issue for our communities, we urge Miami-Dade County leaders to
explore these funding sources, as well as other sources of funding that have been suggested,
including funding from the U.S. Environmental Protection Agency Clean Water State Revolving
Fund, U.S. Environmental Protection Agency Nonpoint Source Section 319 Grants, Community
Development Block Grants from the U.S. Department of Housing and Urban Development,
funding programs within the U.S. Economic Development Administration, financial assistance
sources from within the Catalog of Federal Funding Sources for Watershed Protection,and grant
funding from the U.S. Environmental Protection Agency Environmental Center Network.
Biscayne Bay and the waterways in Miami-Dade County are not the only ones having
problems in the State of Florida. On July 6, 2016, (then) Governor (now Senator) Rick Scott
announced that he would propose additional funding in his State Fiscal Year 2017-2018
recommended budget to help clean up the Indian River Lagoon and Caloosahatchee River into
which the polluted waters of Lake Okeechobee are discharged. This budget was to include new
funding for a voluntary 50/50 matching grant program with local communities surrounding the
water bodies affected by algae blooms resulting from the frequent discharges of water from Lake
Okeechobee. Governor Scott stated in a press release that septic tank runoff is a major contributor
to the pollution in those waters,and that he looked forward to working with the Legislature to fund
efforts to curb it. As the successor to Rick Scott,we encourage Governor DeSantis,working with
the Florida Legislature, to fund efforts to assist Miami-Dade County in saving the health of
Biscayne Bay and the health of the residents of South Florida by eliminating septic tanks and
converting to the centralized MDWSD wastewater sewer system.
A person may not construct,repair,modify,abandon or operate an onsite sewage treatment
and disposal system (OSTDS) without first obtaining a permit approved by the Miami-Dade
County Health Department. The OSTDS program is responsible for performing application
reviews, conducting site evaluations, issuing permits, and conducting inspections and complaint
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investigations associated with the construction, installation,repairs,and abandonment of an onsite
sewage treatment and disposal system. We recommend that the OSTDS program implement a
mandatory biannual inspection of every septic tank in Miami-Dade County,to insure that they are
all maintained properly. Such an effort would preserve the public health by preventing
groundwater and surface water contamination.
B. Hypersalinity Of Water In Cooling Canals at Florida Power and Light's Turkey
Point Power Plant
Florida Power and Light is the largest of Florida's fifty-five(55)electric utilities. It powers
about half of the state and serves over 10 million people over about 5 million customer accounts.
Florida Power and Light's Turkey Point Power Plant is located at 9700 S.W. 344th Street, on a
3,300-acre site two(2)miles east of Homestead and twenty-five(25)miles south of Miami. It was
built in the late 1960s and initially had two (2)fuel powered electrical generation units. In 1972
the first nuclear plant — Unit 3 —came on line, followed by the second nuclear plant —Unit 4 —
which came on line the following year. Combined, these units generate 1,632 megawatts of
electricity. Unit 5, a natural gas electrical generation unit capable of generating 1,187 megawatts
of electricity, was commissioned in 2007. Units 1 and 2 are decommissioned. Half of the
electricity used in Miami-Dade County comes from Florida Power and Light's Turkey Point Power
Plant.
Nuclear power generators create a significant amount of heat, which must somehow be
dissipated. The system that dissipates the heat utilizes water, which does not come into contact
with the actual nuclear equipment, to remove the heat. It is analogous to the radiator of a car,
which dissipates the heat built up in an engine, yet the radiator fluid does not come into contact
with the gasoline or the interior of the cylinders in the internal combustion engine of the car. Most
nuclear power plants dissipate this heat by the use of cooling towers; large towers which transfer
the heat from the water into the air.
Turkey Point is unique, in that rather than using cooling towers to dissipate the heat, it
utilizes a series of cooling canals. This cooling canal system is comprised of a series of thirty-nine
(39)adjacent canals. Each canal is about thirty(30)yards wide and only three(3)feet deep. The
cooling canal system is two (2) miles wide, and five (5) miles long. It is referred to as a giant
radiator, and in fact, from above, looks like a radiator turned on its side. The water flows in a
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counterclockwise direction. Hot water from the electrical generating process is discharged from
the electrical power generating units in the plant into a feeder canal which flows into the thirty-
two(32)canals on the western side of the cooling canal system. These canals flow in a southerly
direction toward a collector canal,which then brings the water in an easterly direction to seven(7)
north-flowing canals. The"cooled" water is then returned to the intake location at the electrical
power generating unit,where it begins another cycle.
The heat from the water in the cooling canal system is dissipated as the water flows through
its cycle. It is dissipated through the natural processes of evaporation and solar radiation. When
the water enters the electrical power generating unit,its temperature is approximately eighty-eight
degrees (88°). When the water is discharged from the electrical power generating unit, its
temperature is about six (6)or seven(7)degrees hotter.
Like all other canals in South Florida,the cooling canals are connected to our groundwater.
The water in the cooling canal system is saltwater. As the water evaporates from the cooling
canals, the salinity concentration in the water that remains in the canals increases significantly.
Additionally,drought conditions can cause an increase in the salinity of water in the cooling canals.
Because saltwater is denser and heavier than freshwater, the saltwater tends to sink. Because the
cooling canals are connected to the groundwater, the hypersaline water flows down into the
groundwater. In fact, in our ecosystem, there is a constant struggle between the saltwater in the
ocean and the freshwater inland. As sea levels rise, saltwater intrudes further inland, threatening
our underground freshwater supply.
C. The Saltwater Plume
The hypersaline water from Turkey Point has formed an underground saltwater plume that.
currently exists under Turkey Point, and extends several miles beyond the western boundary of
Florida Power and Light's Turkey Point property footprint. In fact,scanning technology employed
by Florida Power and Light has revealed that the location of the plume is depth dependent, in that
the deeper the depth of the scan, the higher the concentration of saline contained in the
groundwater. This saltwater plume constitutes a serious threat to the source of our freshwater.
Florida Power and Light has acknowledged the existence of this saltwater plume and has
undertaken strategies to mitigate it. They are taking a two-pronged approach. The first prong is
directed at taking steps to decrease the salinity in the cooling canals. The second prong is focused
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on retracting the area of the hypersaline plume by pumping the hypersaline groundwater out of the
Biscayne Aquifer.
To reduce the salinity in the cooling canals, Florida Power and Light has installed wells
that are approximately one thousand(1,000)feet deep,and extend into the Floridan Aquifer,which
is way below the level of the Biscayne Aquifer. These wells are pumping 14 million gallons of
water a day from the Floridan Aquifer into the cooling canals,in an effort to reduce the salinity in
the cooling canal system to the average salinity of Biscayne Bay,which is 34 psu(practical salinity
units).
To retract the underground hypersaline plume, Florida Power and Light has implemented
a recovery well system that extracts the hypersaline groundwater out of the Biscayne Aquifer. The
recovery well system consists of ten (10) wells that extract 15 million gallons of hypersaline
groundwater per day. This hypersaline groundwater is then injected approximately three thousand
(3,000)feet underground into the boulder zone,which is a confined zone safely below the Biscayne
Aquifer. It is the same zone where the Miami-Dade Water and Sewer Department injects all of
the wastewater from the South District Wastewater Treatment Plant and some of the wastewater
from the North District Wastewater Treatment Plant. Florida Power and Light's first goal is to
halt the westward migration of the hypersaline plume within five (5) years. Its second goal is to
retract the plume to an area within the boundaries of the Florida Power and Light Turkey Point
property lines within ten(10)years.
Florida Power and Light's plans to accomplish these goals are set forth in two separate
agreements. One is a 2015 Consent Agreement with Miami-Dade County. The other is a 2016
Consent Order with the Florida Department of Environmental Protection. In accordance with these
agreements, by 2021,Florida Power and Light must reduce the salinity in the cooling canals to 34
practical salinity units. Florida Power and Light has stated that to meet with this deadline, it will
employ additional measures if needed.
We implore the executives at. Florida Power and Light to do whatever they can to ensure
that the salinity levels in the cooling canal system are brought down as much as possible, as soon
as possible,and that the saltwater plume is reduced as much as possible and as soon as possible.
We also urge all of the agencies with regulatory authority over the Turkey Point facility, including
the United States Nuclear Regulatory Commission, the United States Environmental Protection
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Agency, the Florida Department of Environmental Protection, the Miami-Dade County
Department of Environmental Resource Management, the South Florida Water Management
District, and Miami-Dade County, amongst others, to rigorously evaluate and monitor Florida
Power and Light's efforts to both bring the salinity levels in the cooling canal system down to 34
psu,and to diminish the saltwater plume.
As stated earlier in this report,ocean outfall legislation requires that by the year 2025,there
is to be no more wastewater discharged into the ocean. We urge Florida Power and Light and
Miami-Dade County to continue their efforts as stated in a Joint Participation Agreement to
explore opportunities to reuse treated wastewater at Florida Power and Light's Turkey Point
facility.
We also recommend that should Florida Power and Light move forward with plans to build
additional nuclear power generating units at Turkey Point, such units must be cooled utilizing
cooling towers,rather than a cooling canal system.
VI. CONCLUSION
It is obvious that the health of our precious Biscayne Bay and our underground drinking
water is at a state of precarious balance, brought forth by the many forces which have been
discussed herein, most of which are maiunade. The entire balance is further threatened by rising
sea levels. Whether these rising sea levels are caused by manmade forces and are a consequence
of global warming, or whether the rise in sea levels are part of long-term natural ebbs and flows
of the environment over the passage of great periods of time is a debate for another day, but we
know for a fact that sea levels have risen.
Accordingly, we encourage everyone, from the individual to every unit of government, to
act responsibly in making decisions that will affect the future health of Biscayne Bay and our water
supply. We are heartened to see that the Miami-Dade County Board of County Commissioners
has created the Biscayne Bay Task Force, whose purpose is to advise the Miami-Dade County
Board of County Commissioners and the County Mayor"on issues related to Biscayne Bay. That
includes but is not limited:to the long-term management of Biscayne Bay;the health of the marine
community; run-off and other impacts to water quality; marine debris; education and outreach;
economic development and vitality related to Biscayne Bay; and how conditions in Biscayne Bay
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may affect residents and property owners. As part of its duties, the Task Force shall also review
the relevant data and prior studies,assessments,reports,and evaluations related to Biscayne Bay,
and receive advice and recommendations from County staff including the County's Division of
Environmental Resources Management (DERM), Office of Resiliency, and Water and Sewer
Department. The Task Force may hear additional presentations and comments from other experts
and members of the public, including but not limited to entities such as the South Florida Water
Management District, the Florida Inland Navigation District, the Florida Department of
Environmental Protection,and the National Parks Service. The Task Force shall prepare a written
report with recommendations to the Board of County Commissioners. That report should include
recommendations and an action plan identifying problem areas and prioritizing projects for
Biscayne Bay, and recommendations to this Board regarding proposed State and Federal
legislation,activities,and appropriations.s57
We urge all levels of government to participate in earnest efforts to implement whatever
recommendations they can to ensure a healthy future for our Bay and our groundwater. The broad
and beautiful lagoon that we know today as Biscayne Bay has always had a special magnetism,
from its 1513 European discovery by Juan Ponce De Leon to its contemporary daily discovery by
residents,tourists and visitors alike. Yet,as we express our love for Biscayne Bay's beauty,marine
life and its ecology, we too often shy away from our daily actions that may be slowly strangling
this thing we say we cherish. This Grand Jury hopes that their report,intended to focus our
attention on those daily actions and activities which are damaging Biscayne Bay, will be a loud
call to action so that we may save this valuable resource.
S7 Miami-Dade County Board of County Commissioners Resolution Number R-165-19.
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INDICTMENT
NAME OF DEFENDANT CHARGE RETURNED
THALES FERREIRA First Degree Murder
First Degree Murder True Bill
WALTER SAUL PEREZ First Degree Murder
Attempted Felony Murder with a
Firearm/Deadly Weapon or
Aggravated Battery True Bill
JOHN STANTON(A)and
JERMAINE SHELDON KING(B) First Degree Murder(A&B)
Robbery Using Deadly Weapon
Or Firearm (A&B)
Firearm Weapon Ammunition
Possession by Convicted Felon
Or Delinquent(A) True Bill
DAVID THOMAS CASH (A)and
KARL PHILIP SCHMIDT(B) First Degree Murder(A&B)
Controlled Substance Sell/Manufactue/
Deliver/or Possess W/Intent (A)
Controlled Substance Sell /Manufactue/
Deliver/or Possess W/Intent(B)
Controlled Substance Sell /
Manufacture/Deliver/or
Possess W/Intent (A) True Bill
JULIO MONTEZ MORRIS, Also known as
"BOO",also known as"BOO BA"(B),
JAMES WILLIAM KELLY, III,
Also known as"SKATEBOARD"(C),and
HOWARD TRANARD WATERS(D) First Degree Murder(B)
First Degree Murder(B,C,D)
First Degree Murder(B,C,D)
Conspiracy to Commit First Degree
Murder(B,C,D)
Attempted/Premeditated Murder(B)
Retaliating Against a Witness, Victim or
Informant/Bodily Injury/Firearm (B)
Retaliating Against a Witness, Victim
or Informant/Bodily Injury/Firearm(B,C,D)
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INDICTMENT
NAME OF DEFENDANT CHARGE RETURNED
(continued from previous page)
Tamper/Wit/Vic/Life/Capital Felony(B)
Tamper/Wit/Vic/Life/Capital Felony(B,C,D)
Burglary With Assault or Battery Therein
While Armed(B)
Attempted Premeditated Murder With a
Deadly Weapon or Aggravated Battery(B) True Bill
NOEL A. CHAMBERS First Degree Murder
First Degree Murder
Murder l st Degree/With a Deadly Weapon /
Attempt True Bill
ANTHONY RODRIGUEZ(A)and
JAMES ANTHOWN LEMONS (B) First Degree Murder(A&B)
Murder Premeditated Attempt Deadly Weapon
or Aggravated Battery(A&B)
Murder Premeditated Attempt Deadly Weapon
or Aggravated Battery(A&B)
Murder 1st Degree/With a Weapon/
Conspiracy(A&B)
Shooting or Throwing Deadly Missile(A&B)
Firearm/Weapon/Ammunition Possession by
Convicted Felon or Delinquent(A)
Grand Theft 3rd Degree/Vehicle(A)
Robbery Using Deadly Weapon or Firearm(B)
Murder I st Degree With a Deadly
Weapon Attempt(B) True Bill
PAOLA DENISE VARGAS ORTIZ First Degree Murder True Bill
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ACKNOWLEDGMENTS
We have had the privilege and opportunity of serving as Grand Jurors on the Fall Term 2018
Miami-Dade County Grand Jury over the past nine(9)months,including an extension. We come
from many different backgrounds, from many different parts of the County, but we all have a
common appreciation of how important our work here has been. The homicide cases which were
presented to us were sobering. We leave both informed and enriched. We would like to express
a debt of gratitude to the following individuals:
• Thank you to Katherine Fernandez Rundle for allowing us to be a voice for this community
and for the leadership that you show on this important topic.
• Thank you to Don Horn for getting us started with the rules of law and for your guidance
in giving us examples based upon interesting stories from other matters that you used as
references.
• Thank you to Howard Rosen for the guidance through this long Grand Jury process and
your invaluable assistance to us in preparing this report.
• Thank you to Neil Gil for the great entertainment and mushroom pizza. We are still waiting
on that lobster.
• Thank you to Rose Anne Dare for your important work in keeping things running smoothly.
• Thank you Judge Lopez,Judge Rodriguez,and Judge Hogan Scola for your important role
in this awesome extended journey.
• Thank you to John Perikles and David Maer for your help and insight.
• Thank you to all our fellow Grand Jurors for your dedication and commitment to serving
this Country. God Bless America.
It has been an honor and a pleasure to serve our community.
Resp ctfully submitted,
Robert Behar, Vice Foreperson
Miami-Dade County Grand Jury
Fall Term 2018
ATTEST:
464-1
Erik Kessler
Acting Clerk
Date: August 8, 2019
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