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Gary Reckart

3 weeks ago

COMPLAINT

Gary Reckart, Complainant
4006 N. Marguerite Street
Tampa, Florida 33603
(acts0412@jmfi.org)
(813-449-2300)

March 13, 2020

Florida Department of Environmental Protection, Complainee
Secretary Noah Valenstein, Complainee
3900 Commonwealth Boulevard M.S. 49
Tallahassee, FL 32399

Re: Complaint of EPA environmental violations by the Florida Department Of Transportation

Greetings Mr. Secretary:

This complaint is against the responsible parties: Florida Department of Transportation and Secretary Kevin J. Thibault; Florida Department of Transportation District 7 and Secretary David Gwyn, for violation of the Federal Water Pollution Control Act now known as the Clean Water Act (1972, 1977, 1987), regulating the discharge of pollutants into the nation's surface waters, including lakes, rivers, streams, wetlands, and coastal areas.

The violation has reoccurred daily since 1964 at the location of the I-75/I-275 corridor in Tampa, Florida, from north of the I-4 interchange to Bearss Avenue.

The violation began occurring in 1964 with the construction of I-75 north of what is now the I-4 interchange (I-75 was renamed I-275). FDOT began its 56 years of violation by diverting billions of cubic feet of toxic and contaminated storm water directly into Hillsborough River with little or no water retention to avoid ecological damage to the river’s estuarine function.

The violation occurred to the river south of the Rowlett Dam (USGS 02304501). This violation was not taken into consideration by the “Friends of the River (1999-2007)” residents who challenged the Southwest Florida Water Management District (SWFWMD) minimum flow of 10cu ft/s of Sulphur Springs water alone for the river’s only fresh water flow. In 2007 after a five year scientific study of the estuarine function, SWFWMD adopted a new minimum fresh water flow of 20cu ft/s. 10cu ft/s would come from the Sulphur Springs water supply and 10cu ft/s would be added from the Tampa Bypass Canal. To date, neither SWFWMD or FDOT has provided scientific data on how many cubic feet of storm water from I-275 was being diverted into the river in addition to the 20cu ft/s permitted in 2007. The ecological estuarine function suffers great damage because of the continuing violation.

Is this an emergency? Yes.

The violation is not accidental it is intentional.

The affected subjects are Hillsborough River, Tampa Bay, and Hillsborough Bay.

The violation contributed to dilution of the salinity of southern Hillsborough River; damage to the ecology, fish, zooplankton, indigenous aquatic plants, wildlife; dissolved oxygen, nitrate levels, ph levels, conductivity, turbidity, total suspended solids, fecal coliform bacteria, fecal streptococcus bacteria, volatile organic carbons, diesel range organics, and residue range organics. Hillsborough River has become a witch’s brew:

Environment Florida, Wednesday October 30, 2013 “Tampa Bay and the Hillsborough River are haunted by nitrogen and fecal coliform (/news/fle/tampa-bay-and-hillsborough-river-are-haunted-nitrogen-and-fecal-coliform);

“For more than a decade, loopholes in the Clean Water Act have allowed Tampa Bay and the Hillsborough River to become a witch’s brew of pollutants.”

“Tampa Bay is the largest open water estuary on the Gulf of Mexico, yet it is assaulted by more than 4 billion gallons of oil, fertilizer ingredients, and other hazardous materials each year.”

FACTS:

The I-4 interchange in Tampa was constructed in 1964 with a stub end at Floribraska Avenue.

I-75, now known as I-275 was constructed 1964-1967 extending from Floribraska to Bearss Avenue where it was connected to the I-75 segment north with a continuous highway from Howard Franklin Bridge through Tampa all the way to the Georgia state line and beyond.

The engineering firm hired by FDOT to design the I-75 corridor drainage system used what is now considered outfall systems that were undersized and overloaded:

“The existing drainage system within the corridor consist of a combination of open ditch and enclosed storm water systems. The majority of the stormwater outfall systems for the existing interstate system were constructed in the early 1960's and are considered to be undersized or overloaded” (U.S. Department of Transportation Federal Highway Administration Administrative Action, Final Environmental Impact Statement Section 4 (f) Evaluation; 3.5.4.1 Drainage, page 3-73).

The original I-75/275 consisted of 4 lanes, two north and two south. The drainage system of ditches and enclosed storm water systems were not engineered correctly as stated in the above 1996 FEIS. While FDOT has known this information since the date of the FEIS of 11/22/1996, it has consistently refused to update the drainage system and cease pollution violations.

It has been claimed that the I-275 four-lane interstate system from I-4 north to Bearss Avenue enjoys “grandfather” status and because of this all of the existing environmental non-conforming drainage system cannot be required to be updated.

Several construction projects have been completed in the corridor from 1996 to 2014, all without issue of an ERP by SWFWMD and EPA authorization.

The gap between nineteen (19) bridge structures from Floribraska to Bearss were closed from 2000 to 2014 to prepare for interstate I-275 lane expansion to accommodate increased daily capacity. As of the date of this complaint, there is an engineering drilling company performing drill core samples on the east and west sides of the corridor bridges preparing for their additional expansion. No storm water ponds have been planned for the collection, storage, and attenuation to the outfall location on Hillsborough River. This means all EPA violations will continue.

The entire 30 foot grass median between the North and South lanes from Floribraska to Bearss was removed by 2014 (1995-2014 Google Earth). EPA violations are involved.

This grass median was constructed as a storm water swale ditch. Some of the water was absorbed into the soil back into the aquifer. Some of it was diverted to an enclosed system dumping the toxic brew straight into the Hillsborough River. Which is a violation of the EPA Clean Water Act.

This swale ditch and outfall were improperly designed along with the remaining corridor storm water system. To now cover the grassy median with concrete and asphalt in preparation for additional lane construction in the current 2020 PD&E with no attenuation ponds is unacceptable. FDOT must provide proper storm water retention, treatment, and attenuation at several locations along the I-275 corridor. It is totally unacceptable for EPA to allow FDOT to continue to wreck havoc upon the environmental ecological balance of Hillsborough River. I have protested against the Supplemental Environmental Statement (SEIS) at the Public Hearing held on February 25th at the Hillsborough County Community College because it did not provide environmental protection of the river.

The SWFWMD was created in 1961 and part of its purpose was to protect the Hillsborough river. But, it has failed to do so. It has allowed FDOT to apply it’s alleged “grandfather” status not only to the four (4) original lanes but to all future added lanes. We are now told that the I-275 corridor will have a total of eight (8) lanes with 4 North and 4 South. The current PD&E shows no updating of the storm water drainage system except that at Bearss Avenue where a retention pond will be constructed. I protest EPA, SWFWMD, and FHWA granting FDOT “grandfather” status to lanes that did not exist in the original footprint. A similar Complaint to this will be filed simultaneously with SWFWMD and FHWA.

I was told that SWFWMD has plans to grant FDOT environmental credits so that it will not be required to update the storm water drainage system between Floribraska and Bearss. I was told that because FDOT cut a "hole" in the eastern part of the Courtney Campbell Causeway to provide more circulation and restore tidal flows and sea grass growth, it will be granted credits against correcting any storm water drainage violations in the I-275 corridor.

A great disaster of enormous magnitude was the decision by the Metropolitan Planning Commission (MPO) to direct FDOT not to do any environmental improvements to the I-275 corridor but to focus only on “safety issues.” An FDOT official told me this at the February 25th Public Hearing. It was additionally reported to me that the members of Tampa Heights and Seminole Heights community associations did not want any houses impacted by I-275 environmental improvements. So, FDOT decided there will be no storm water corrections or improvements between East Lake and Hillsborough River to the north.

It was reported to me by FDOT representatives that no properties would be acquisitioned for storm water retention, treatment, and attenuation because there will be no updating of the storm water ditches, swales, or enclosed outfall systems to correct EPA violations. This individual said FDOT was specifically instructed to construct only the addition of travel lanes for safety reasons and no properties would be purchased outside of the existing right-of-way.

A check with SWFWMD and the ERP issue department confirmed there are no existing or valid ERP’s for the project at this time. It was verified that no ERP application was submitted for construction that took place on the bridge across Hillsborough River north of Sligh Avenue.

I was told there were numerous requests by property owners adjacent to the interstate not to condemn their properties and use them for water retention. I have asked for a copy of these public comments.

I was told that in the 2045 Long Range Transportation Plan there is nothing about storm water drainage corrections or improvements along the I-275 corridor. This means, that if FDOT is allowed to continue on its “safety only” improvements to the corridor, environmental violations to Hillsborough River will continue for many years.

Frankly, I see the words “safety only” as a neat distraction from the real truth of “capacity only” where the only goal is to add concrete to increase the daily traffic volume from 180,000 vehicles per day to 260,000. The 31% increase in highway toxins to contaminate the environment and then be flushed straight into Hillsborough River is staggering. Tons of poisons and dissolved phosphorus in storm water will go directly from the concrete surface of I-275 straight into Hillsborough River.

I am herewith demanding the 2020 SEIS be totally rejected by EPA, SWFWMD, and FHWA because it does not provide Clean Water Act environment protection to Hillsborough River.

I am herewith requesting that all outfall RCP’s from I-275 dumping storm water into Hillsborough River be sealed until storm water retention, treatment, and attenuation are designed and built.

I am herewith requesting a totally new environmental storm water engineering study of the 1964 construction; the current 2020 existing storm water systems and proof they are environmentally up to date; and a legitimate engineering study for a future storm water drainage system which will best protect Hillsborough River.

I am herewith requesting that FDOT not be granted any credits to offset any needed storm water improvements.

I am requesting that the “grandfather” status be terminated because the original construction protected by any such status has been annulled by all of the construction that has changed its original design.

I am requesting that since the first storm water system was not properly designed that it be corrected and updated to modern standards from Floribraska to Bearss Avenue.

I am requesting an appropriate amount of money to be set aside for acquisition of any needed right of way and or properties to build conforming storm water facilities.

I am requesting that no contractor of the new I-275 lanes of traffic be allowed to commence work until all of the violations are corrected and proper storm water ponds, treatment, and attenuation are part of the PD&E and the FEIS of Tampa Bay Next.

I am requesting EPA refuse any and all authorization approval of any construction on the I-275 project until all storm water violations have been corrected.

The environment has as much right as any person. If people can speak up for and against eminent domain issues, surely the environment can also speak up through its hurting impacts. If money is the only deciding issue between “safety only, capacity only, and the environment,” please ask the Federal Highway Administration for more money.

Complainant,

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