West Palm Beach, FL
- The City of West Palm Beach (City) filed petitions challenging South Florida Water Management District (SFWMD) orders requiring the protection and improvement of Grassy Waters Preserve, which is part of the City's water supply.
In October, SFWMD ordered the City and Northern Palm Beach County Improvement District (Northern) to take specific measures to improve Grassy Waters. Despite the fact that the City is the steward of Grassy Waters, the City filed petitions challenging SFWMD requirements. By contrast, Northern notified SFWMD that it will promptly comply with the order to improve the quality of water that discharges into Grassy Waters.
Provisions challenged by the City include a requirement to educate the public on ways to protect Grassy Waters, removal of undesirable vegetation and monitoring.
The City's lodged challenges despite the fact that it was the City's own expert witness at a September hearing that formed the basis of SFWMD's order requiring it to improve and protect Grassy Waters. (Fla. DOAH Case No: 16-001861)
SFWMD dismissed the petition the City filed to prevent Northern from improving water quality. Northern will therefore be able to move forward with its efforts to improve water quality. SFWMD also dismissed two petitions filed by the City challenging the requirements for the City to protect and improve Grassy Waters, because the City failed to follow the minimum requirements for filing a challenge. On Nov. 2, the City was given a third opportunity to file an adequate petition.
Background:
SFWMD orders for corrective action address the surface water management system located adjacent to Grassy Waters, which consists of two parts. The first section contains a series of lakes operated by Northern in the Ibis community. The second portion of the system is a 364-acre area known as the Ibis Preserve that is permitted to retain water onsite. This second area is owned by the City. Water flows from the Ibis lakes into the Ibis Preserve before entering the Grassy Waters.
According to the City, sediment containing nutrients flow from the Ibis community, into the Ibis Preserve and then into Grassy Waters. Under SFWMD's permit, the Ibis Preserve is part of the system designed to include nutrient removal. Nutrients, which have not been effectively removed in either part of the system, are discharged at the outfall from the Ibis Preserve into Grassy Waters. Nutrients contribute to the growth of nuisance vegetation at this outfall.
