Canal suit on hold for work on sewers

By JOSH ZIMMER

© St. Petersburg Times, published July 15, 2000

CHASSAHOWITZKA -- A 14-month legal battle concerning water quality in local canals is on hold while Citrus County develops a plan to replace septic tanks with a central sewer system.

Last month, all parties agreed to a stay in the negligence lawsuit that the Chassahowitzka River Restoration Committee, Inc. has brought against the state Departments of Health and Environmental Protection.

Also approving the stay was the Earthjustice Legal Defense Fund, a national environmental non-profit law firm that is representing the restoration committee.

The cease fire came after the Legislature awarded Citrus $1-million to install a central sewer line in this former fishing village. The line would achieve the lawsuit's ultimate goal: improving water quality in the moderate- to low-income area, Earthjustice attorney Coby Dolan said.

"Now that we've got the money -- it's not the entire money to do the system -- the county certainly can get started on it," he said. "We want to await action by the county.

"I would look at this as a major victory," Dolan said. "Basically, as a result of the lawsuit the county is taking action, the state is taking action. It is continuing its testing."

The University of South Florida, in conjunction with the Southwest Florida Water Management District, is conducting a yearlong study that addresses the connection between septic tanks and poor water quality. Research so far appears to back the property owners' concerns.

The current study supports evidence from a smaller 1998 study that showed the canals were filled with viruses capable of causing diseases in humans. Using advanced RNA (ribonucleic acid) testing, the current study also reveals that some septic tanks are not processing what enters them.

Lawyers with the Department of Health and the Department of Environmental Protection did not respond to calls seeking comment.

According to Dolan and restoration committee spokesman Mickey Newberger, the agreement is a long-awaited admission by the state -- particularly the Department of Health -- that septic tank pollution represents a public health hazard in Chassahowitzka.

In prior filings, neither agency has been willing to accept responsibility for water quality problems. The Department of Health has demanded proof the canals and parts of the river are polluted; meanwhile, the Department of Environmental Protection has argued that septic tanks fall under the Department of Health's jurisdiction.

The lawsuit accuses both agencies of neglecting state laws that regulate water quality and public health.

"I think it's definitely to our benefit the Health Department of the state and the DEP has finally realized that to file another motion to dismiss would not work for them," said Newberger, a Lutz resident who owns property off the Chassahowitzka River. "We've said all along documented evidence shows what exists down there."

Some of the latest USF testing suggests drinking water problems exist, as well.

The four wells that were tested came out negative for total and fecal coliform bacteria, which are indicators of waste contamination, lead researcher Dr. Joan Rose said. One of the wells came out positive for coliphage, which reveal the presence of fecal contamination.

As a precautionary measure, Rose wrote letters to a handful of people advising them to boil their water or have it treated "to be safe."

Although only one of four wells tested positive, Rose said that pattern likely would hold true for the more than 200 homes perched along the canals.

The county's goal is to install both central water and sewer to the area. Citrus currently is exploring its options, including signing a deal with Florida Water Services, project engineer Ken Cheeks said.

Midge Tindale received a letter from USF saying her drinking water was clean. After that, she stopped buying bottled water.

Her main priority is removing the septic tanks.

"I think central water would be wonderful if we can afford it," she said. "I think central sewers is the No. 1 one thing."

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