NOVEMBER 14, 2005

ISSUE 1089

COURT ORDERS MORATORIUM ON NPDES PERMITS
 

U.S. District Judge Timothy Corrigan issued a final order Tuesday (November 8) that requires EPA to establish a Total Maximum Daily Load (TMDL) for the Lower St. Johns River by January 23, 2006. The order also prohibits EPA from approving any National Pollutant Discharge Elimination System (NPDES) permits that will discharge to that segment of the river until the new TMDL is established.
 
The NPDES permit program controls water pollution by regulating point sources.
 
In April 2004, EPA approved a TMDL for the Lower St. Johns River that was established by the Florida Department of Environmental Protection.
 
In a subsequent legal challenge, plaintiffs, including The St. Johns River Keepers and Linda Young, challenged EPA's approval and forced an additional review of the TMDL by EPA. On October 21, EPA determined that the TMDL did not meet Section 303(d) of the Clean Water Act.
 
This determination forced EPA to rescind its prior approval.
 
While this action will not directly affect vegetable producers in the region who are not required to obtain NPDES permits, the new TMDL could ultimately require the implementation of additional Best Management Practices. For further information, please contact the FFVA's Government Affairs Office at (850) 521-0455.