I got this from Andrea, Thank you Andrea on keeping us posted.... Dave
Just in case you thought it was over, it’s not. Please read the entire thread of e-mails. Cursor down to the bottom of this message which is the beginning of the thread. John Byrd’s response to Mr. Higgins which shows here is the last message. (Start at the bottom)
Andrea
From: Byrd, John
Sent: Wednesday, March 11, 2009 8:08 AM
To: 'John J Higgins'; bkcarey@cfl.rr.com; scott@scottplakon.com
Cc: jackhannahs@bellsouth.net; 'Quentin (Bob) Beitel'; fredbrummer@embarqmail.com; Boyd, S. Scott (Commissioner); 'Keith Hetrick'
Subject: RE: Proposed New Septic Rules
Mr. Higgins:
Thanks for sending. It is hard to even respond to the comments below from Mr. Briggs they are so incredibly skewed. The 2007 report Mr. Briggs refers to below found onsite systems contributed 6% of the nitrate inputs to the Wekiva River & it’s Contributing Springs while Commercial & Residential Fertilizer was 75% of the inputs. The loading numbers for onsite systems went from a 6% input to a 22% loading which became and still is point of great debate.
I don’t know if you remember this but back in the day a consultant said at a RRAC meeting that if the same methodology had been used for onsite systems that was used for other sources the nitrate input from onsite systems would be ZERO percent. Of course later that consultant vociferously denied making that statement.
The RRAC membership would not agree that onsite systems were a “significant contributor” of nitrogen to the Wekiva River & it’s Contributing Springs because the RRAC membership did not agree with the methodology used to obtain the 22% loading number.
This was in the original “draft” executive summary of the 2007 report. It was later deleted by FDOH in order for the 2007 report to fit FDOH’s conclusions.
I would also add that by the time a “public hearing” is held in May the rule will already be in effect making that a moot public hearing. Once they file the notice for Rule Adoption in April there is 21 days to act before the rule becomes final.
Sincerely,
John Byrd
From: John J Higgins [mailto:jhiggins1@cfl.rr.com]
Sent: Tuesday, March 10, 2009 4:11 PM
To: Byrd, John; bkcarey@cfl.rr.com; scott@scottplakon.com
Cc: jackhannahs@bellsouth.net; 'Quentin (Bob) Beitel'
Subject: FW: Proposed New Septic Rules
For your information.
John Higgins
From: Gerald_Briggs@doh.state.fl.us [mailto:Gerald_Briggs@doh.state.fl.us]
Sent: Tuesday, March 10, 2009 1:43 PM
To: jhiggins1@cfl.rr.com
Cc: jackhannahs@bellsouth.net; k.r.jones@earthlink.net
Subject: RE: Proposed New Septic Rules
Mr. Higgins:
As has been stated numerous times publicly and in our Wekiva research reports, the department has a legislative mandate to impose nitrogen reduction standards on onsite system within the Wekiva Study Area. Our 2005 report documented the potential nitrogen impact of onsite systems in the WSA and recommended moving to performance based treatment systems. Our 2007 report confirmed those results. At no time has the Legislature acted to change the mandate in the 2004 Wekiva Parkway and Protection Act. As such, our executive staff has made the decision that we should move forward with rule making. Your comments on the draft rule are welcome at any point in the process. We still, at this time, intend to file a notice of rulemaking in the April timeframe with a public hearing or hearings in the Wekiva area in May.
Gerald R. Briggs, Chief
Bureau of Onsite Sewage Programs
Florida Department of Health
Environmental Health is Core Public Health at your service!
Please tell us how we are doing http://www.doh.state.fl.us/environment/ostds/survey.htm
Please note: Florida has a very broad public records law. Most written communications to or from state officials regarding state business are public records available to the public and media upon request. Therefore, your e-mail communications may be subject to public disclosure.
Please consider our environment before printing this e-mail.
From: John J Higgins [mailto:jhiggins1@cfl.rr.com]
Sent: Tuesday, March 10, 2009 1:14 PM
To: Briggs, Gerald R
Cc: jackhannahs@bellsouth.net; 'Kenny R. Jones'
Subject: Proposed New Septic Rules
Mr. Briggs:
As you know the Markham Woods Association believes the DOH’s new proposed rules regarding onsite septic systems appear unfair and unwarranted. Your decision to move forward now despite advice from TRAP to the contrary is disheartening to us. Also, Sen. Lee Constantine assured those attending the last Wekiva Parkway and Protection Commission meeting that no new rules would move forward at least until the next of their meetings.
As part of the public whom you serve, we would very much appreciate a logical explanation of your current actions besides your agency being the only Department that still has not met your perceived obligation under the Wekiva Act. The Act clearly says you need only institute new rules “if appropriate.” You, the DEP, the Audubon Society, and the advanced systems manufacturers appear to be the only groups believing your proposed rules are appropriate. Is there some other explanation with which we can work with you on this important question? We would like to do that if possible.
If you do form a Rule Development Workshop on these new rules, please consider appointing myself or one of my associates a member of it. I am a retired SunTrust executive and have time to devote to this effort. We believe whatever actions are finally taken on this question are extremely important to us and the 2,800 residents we represent. Currently we are at a loss to explain any reasonable logic for these new rules. We would like very much to be able to understand your position better.
In any event, please inform us in detail of the procedures available to us as part of your civil process. Thank you, sir.
Regards,
John J. Higgins
No comments:
Post a Comment