ML18204A088
| ML18204A088 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 07/23/2018 |
| From: | Friends of the Everglades, Southern Alliance for Clean Energy, Tropical Audubon Society |
| To: | Division of Materials and License Renewal |
| Lois M. James, 301-415-3306 | |
| Shared Package | |
| ML18187A038 | List: |
| References | |
| 83FR23726, L-2018-LNE-0001 | |
| Download: ML18204A088 (64) | |
Text
Edward A. Swakon, P.E. May 14, 2018 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT COURT OF FLORIDA Miami Division Case No.: 1:16-cv-23017-DPG SOUTHERN ALLIANCE FOR CLEAN ENERGY TROPICAL AUDUBON SOCIETY INCORPORATED, and FRIENDS OF THE EVERGLADES, INC.,
Plaintiffs,
- v.
FLORIDA POWER & LIGHT COMPANY, Defendant.
EXPERT REPORT OF EDWARD A. SWAKON, P.E. (Florida)
I have been retained by the Plaintiffs in this matter to offer expert testimony.
Pursuant to Fed. R. Civ. P. 26(a)(2)(B), the following is my written report:
OPINIONS
- 1. The CCS is a significant contributing factor to the water quality violations in the G-II aquifer to the west of the CSS.
From 1998 thru 2017, EAS Engineering, Inc. (EAS) provided environmental consulting services to several clients in South Miami Dade County including, Atlantic Civil Inc. (ACI) and the City of Homestead. From 2004 thru 2017, EAS collected groundwater samples from numerous wells, the majority of which were located South of SW 344 Street, in the Model Lands Basin. In 2010, Earthfx, in cooperation with EAS Engineering, Inc. developed and calibrated a three-dimensional density-dependent groundwater flow/solute transport model for the area surrounding the Atlantic Civil Incorporated (ACI) property as part a cumulative impact assessment conducted by EAS Engineering for ACI.
Simulations show that since its inception, the FPL Cooling Canal System (CCS) has significantly affected the dynamics of freshwater/saltwater in the vicinity of the ACI property. As salinities in the CCS have increased over time, the simulations showed a corresponding westward migration of the freshwater/saltwater interface from the CCS towards the ACI property.
Edward A. Swakon, P.E. May 14, 2018 Data analyzed over the years, both collected by EAS and by FPL indicate a significant portion of the G-II aquifer west of the CCS have been contaminated. Data shows the steady western migration of the saltfront in the Model Lands. See Exhibit A Figures 1-6,
- 2. Despite remedial measure implemented by FPL the saltfront continues to migrate west contaminating more of the G-II aquifer.
Data recently made available to EAS indicates the western edge of the saltfront continues to migrate west. A well monitored by EAS since 2008 became salt intruded in December of 2017. EAS provided the data and notice to the agencies. See Exhibit A Figure 7
- 3. Remedial methods used to date are not correcting the water quality violation, and proposed use of reuse water may make the conditions worse..
The methods employed by FPL to halt the movement of the saltfront are insufficient.
Additional aggressive cleanup efforts are required to correct the existing water quality violations created by the hypersaline water emanating from the Cooling Canal System at FPLs turkey point plant. It is unclear if the proposed addition of reuse water from Miami Dade Countys South Dade Wastewater treatment plant is the proper solution to address the existing contamination of the G-II aquifer or whether it will make it worse.
The actions by the various regulatory agencies to date, DERM, and FDEP have been insufficient to address the ongoing contamination of the G-II aquifer efficiently.
Edward A. Swakon, P.E. May 14, 2018 QUALIFICATIONS My resume is attached hereto as Exhibit B and contains my qualifications and includes a publications that I have authored.
PRIOR TESTIMONY During the past 4 years, I have testified and have had my deposition taken in several cases between:
Altantic Civil, Inc. v. Florida Power and Light Company, et al., Case No. 15-1746 (Florida Division of Administrative Hearings, Nov. 2-4, 2015).
COMPENSATION I am being compensated as follows for my work in this matter: $180.00 per hour.
SIGNATURE Edward A. Swakon, P.E., President EAS Engineering, Inc.
Edward A. Swakon, P.E. May 14, 2018 Exhibit A: Figures Figure 1: Increasing Conductivity over time at City of Homestead Groundwater monitoring well -01
Edward A. Swakon, P.E. May 14, 2018 Figure 2: FPL Data showing Hypersaline water 2 miles beyond limit of CCS
Edward A. Swakon, P.E. May 14, 2018 Figure 3: FPL data showing tritium (an indicator of water from the CCS) well beyond the western edge of the CCS.
Edward A. Swakon, P.E. May 14, 2018 Figure 4: The simulated position of the saltfront with and without the influence of the CCS
Edward A. Swakon, P.E. May 14, 2018 Figure 5: The simulated movement of the leading edge and hypersaline edge of the saltfront between 1998 and 2015.
Edward A. Swakon, P.E. May 14, 2018 Figure 6 FPL data showing that portion of the contaminated G-II aquifer attributable to water from the CCS by the presence of tritium.
Edward A. Swakon, P.E. May 14, 2018 Figure 7: Data provided to EAS Engineering indicating ACI-MW-o5-FS monitoring well (a well which had been fresh for since the start of monitoring in 2007) had become salt intruded.
Edward A. Swakon, P.E. May 14, 2018 Figure 8: Cover Page of 50 slide powerpoint presentation which contains additional data and exhibits indented to be used.
Edward A. Swakon, P.E. May 14, 2018 Exhibit B: Curriculum Vitae Edward A. Swakon, P.E.
President, EAS Engineering, Inc.
55 Almeria Ave.
Coral Gables, FL 33134 305-445-5553 ext. 305
Edward A. Swakon; May14, 2018 13 Edward A. Swakon, P.E.
President, EAS Engineering, Inc.
55 Almeria Ave.
Coral Gables, FL 33134 305-445-5553 ext. 305 Education Purdue University, B.S. in Engineering (Major Water Resources), 1975 University of Miami, RSMAS, M.S. in Ocean Engineering, 1977 Current Status Mr. Swakon is President of EAS Engineering, Inc., a firm offering comprehensive environmental permitting and engineering services to the South Florida community and the Caribbean. Activities undertaken by Mr. Swakon include assistance to local governments, land developers, attorneys, property owners and others in acquiring the necessary permits from local, state, and federal regulatory agencies. These permits include dredge and fill, coastal and freshwater wetland construction, Florida Department of Environmental Protection coastal construction control line, county and federal flood criteria variances, and other specialized permits. Mr. Swakon also specializes in applied computer modeling of various environmental situations such as waterway flow simulations, flushing studies for existing or proposed marinas, as well as groundwater and saltwater intrusion simulations. Mr. Swakon is familiar with both the Regional Planning Councils Development of Regional Impact (DRI) process and Monroe Countys Major Conditional Use process, having worked on both.
Previous Experience Before forming EAS Engineering, Inc., Mr. Swakon was Director of Environmental Permitting for a local Miami engineering firm. During that time, he personally coordinated all of the environmental permitting assignments for the firm. These activities included preparation of DRIs, numerous applications to local governments, Florida Department of Environmental Regulation and Florida Department of Natural Resources (now FDEP), and the U.S. Army Corps of Engineers. Mr. Swakon has provided services to clients such as Miami-Dade County, the City of Miami, and many local law firms such as Thomson Zeder et al., Greenberg Traurig et al., and Carlos Abbott and Ferro.
Before entering the private sector in 1984, Mr. Swakon was employed by the Dade County Department of Environmental Resources Management (DERM) in 1977, one of the largest and most widely respected local environmental organizations in the country. He served as the Chief of the Water Management Division and was responsible for all tidal and freshwater wetland permitting programs. He was also a key participant in the development of the Biscayne Bay Management Plan and the implementation of the Biscayne Bay Restoration and Enhancement Program. He worked closely with other County departments in securing permits for county projects. He was the coordinator of all the Countys efforts regarding beach restoration including the worlds largest beach
Edward A. Swakon; May14, 2018 14 restoration project, the Miami Beach project and the controversial but much needed Key Biscayne beach project. Finally, his responsibilities included the administration of the Countys drainage policies, including the county and federal flood criteria programs, and canal permitting and design.
Mr. Swakon has been retained by Miami-Dade County, the U.S. Justice Department, and private sector attorneys as an expert witness in numerous Florida administrative hearings and federal court proceedings.
Summary Mr. Swakon has a broad background in all aspects of the environmental regulatory process, having worked for both government and the private sector. He aggressively pursues all assignments with the agencies and is well-respected by their personnel. He has a proven record of success.
Publications Modeling of Tide and Wind Induced flow in South Biscayne Bay and Card Sound. SeaGrant Technical Bulletin No. 37. 1977.
Organizations Member, American Society of Civil Engineers Member, Florida Engineering Society Past President, Marine Council Marine Industries Association of South Florida South Florida Environmental Professionals American Society for Photogrammetry and Remote Sensing Previous Second Vice Chair, The Historical Association of Southern Florida Board of Directors and Past President, Executive Associations of Greater Miami Hobbies Woodworking, Golf Registration Professional Engineer #31184, Florida, July 1981
May 12, 2016 Presentation to Palmetto Bay Workshop
Regional Setting Salt Water Intrusion South Miami Dade County 2
Monitoring Wells FPL Cooling Canals Wellfields Card Sound Road Canal SW 344 Str. &
Fl City Canal ACI Property ACI Monitoring Wells
SFWMD - FPL 1983 Agreement (also in 1972 original agreement)
Salt Water Intrusion South Miami Dade County 3
FPL Cooling Canals & Interceptor Ditch Salt Water Intrusion South Miami Dade County 4
Boundary of Class III Designation Salt Water Intrusion South Miami Dade County 5
Regional Setting Salt Water Intrusion South Miami Dade County 6
FPL Monitoring Wells 83 agreement FPL Cooling Canals Area Shown on next slide
FPL Monitoring Wells 1983 (Early indications of CCS failure)
Salt Water Intrusion South Miami Dade County 7
FPL monitoring wells from 83 agreement
0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 80.0 0
10000 20000 30000 40000 50000 60000 70000 80000 90000 2/18/1982 2/18/1983 2/18/1984 2/17/1985 2/17/1986 2/17/1987 2/17/1988 2/16/1989 2/16/1990 2/16/1991 2/16/1992 2/15/1993 2/15/1994 2/15/1995 2/15/1996 2/14/1997 2/14/1998 2/14/1999 2/14/2000 2/13/2001 2/13/2002 2/13/2003 2/13/2004 2/12/2005 2/12/2006 2/12/2007 2/12/2008 2/11/2009 2/11/2010 S
a l
i n
i t
y C
o n
d u
c t
i v
i t
y Date L3 Bottom Conductivity L5 Bottom Conductivity G28 Bottom Conductivity G21 Bottom Conductivity Cooling Canal Salinity Indication of saltwater intrusion Bottom Conductivity from FPL Data - 68 foot Depth Salt Water Intrusion South Miami Dade County 8
Cooling Canal Salinity
Indication of saltwater intrusion Conductivity profiles from FPL Data Salt Water Intrusion South Miami Dade County 9
0 10 20 30 40 50 60 0
10000 20000 30000 40000 50000 60000 70000 80000 90000 D
e p
t h
Conductivity L3 1983 L3 1985 L3 1989 L3 1992 L3 1997 L3 2002 L3 2007 1983 1985 1989 1992 1997 2002 2007 Bay Water
Indication of saltwater intrusion Conductivity profiles from FPL Data Salt Water Intrusion South Miami Dade County 10 0
10 20 30 40 50 60 0
10000 20000 30000 40000 50000 60000 70000 80000 D
e p
t h
Conductivity L5 1983 L5 1985 L5 1989 L5 1992 L5 1997 L5 2002 L5 2007 Bay Water 1983 1985 1989 1992 1997 2002 2007
Indication of saltwater intrusion Conductivity profiles from FPL Data Salt Water Intrusion South Miami Dade County 11 0
10 20 30 40 50 60 0
5000 10000 15000 20000 25000 30000 35000 40000 D
e p
t h
Conductivity G28 1983 G28 1985 G28 1989 G28 1992 G28 1997 G28 2002 G28 2007 1983 1985 1989 1992 1997 2002 2007
Indication of saltwater intrusion Conductivity profiles from FPL Data Salt Water Intrusion South Miami Dade County 12 0
10 20 30 40 50 60 0
2000 4000 6000 8000 10000 12000 D
e p
t h
Conductivity G21 1983 G21 1985 G21 1989 G21 1992 G21 1997 G21 2002 G21 2007 1983 1985 1989 1992 1997 2002 2007
SFWMD 5th Supplement - 2009 Salt Water Intrusion South Miami Dade County 13 SFWMD recognized problem at the time the 5th supplement was approved
SFWMD 5th Supplement - 2009 Salt Water Intrusion South Miami Dade County 14
SFWMD 5th Supplement - 2009 Salt Water Intrusion South Miami Dade County 15
FPL 5th supplement monitoring locations Salt Water Intrusion South Miami Dade County 16
Influence of CCS Water from FPL Data Salt Water Intrusion South Miami Dade County 19
Water Quality Standards Violated from Cooling Canal System Salt Water Intrusion South Miami Dade County 20
SFWMD to FPL - Fix CCS Salt Water Intrusion South Miami Dade County 21
SFWMD evaluation of FPL proposed solution (Add 14 MGD from Floridian Aquifer)
Salt Water Intrusion South Miami Dade County 22
FDEP Administrative Order Issued Christmas eve 2014 Only required 14 MGD of water from Floridian Aquifer Challenged by ACI; DERM Tropical Audubon & City of Miami Would have legally memorialized existing plume Is this proactive?
Salt Water Intrusion South Miami Dade County 24
Administrative Order DOAH Hearing Judge Cantor finds:
CCS primary cause of the (western)movement of the saltwater/freshwater interface The dense hypersaline plume is pushing the (historic) saline water out in front of it.
Pollution will continue The testimony of DEP administrator lacking credibility in stating that DEP has been unable to determine a specific groundwater quality violation.
Salt Water Intrusion South Miami Dade County 25
Administrative Order DOAH Hearing Judge Cantor finds:
the CCS has a hypersaline discharge to groundwater which is contributing to saltwater intrusion, making less fresh/potable water available for the environment and existing legal users.
"the record evidence and applicable law indicate FPL is in violation of the minimum criteria for groundwater in rule 62-520.400."
Salt Water Intrusion South Miami Dade County 26
DERM Consent Agreement DERM withdrew from AO DOAH hearing and issued NOV and entered into Consent agreement 10-7-2015.
Requires freshening like AO - Adds extraction wells Submittal of extraction well plan and model - DELAYED DERM states not intended to stop western movement What actions are FPL willing to add to stop the western movement immediately?
Salt Water Intrusion South Miami Dade County 27
ACI Evaluation of remedial options proposed by FPL Used existing 3d model (FPL still doesnt have one)
The two solutions individually or together Do NOT stop the western movement of the saltfront for years to come!
Solution do exist to stop the western movement - TODAY Salt Water Intrusion South Miami Dade County 28
FPL Planned in 2010 to Stop the front Salt Water Intrusion South Miami Dade County 29 And Did NOTHING!
Map from FPL website Salt Water Intrusion South Miami Dade County 30
Salt Water Intrusion South Miami Dade County 31 Chloride Deep-Depth 9/2010 12/2010 6/2011 9/2011 Data from 5th Supplement March 2013
FPL Graphic not accurate Salt Water Intrusion South Miami Dade County 32
FPL fact not correct!
Salt Water Intrusion South Miami Dade County 33
Influence of CCS Water from FPL Data Salt Water Intrusion South Miami Dade County 35
FPL misleading information Salt Water Intrusion South Miami Dade County 36
SFWMD - FPL 1983 Agreement (also in 1972 original agreement)
Salt Water Intrusion South Miami Dade County 37
Salt Water Intrusion South Miami Dade County 38
Other FPL Issues Water Management 3 Marine wells (45 MGD)
Canal dredging Slurry walls Extraction wells on east side for Ammonia Mitigation Bank Operation NPDES Salt Water Intrusion South Miami Dade County 39
FPL Myth 1 - CCS stabilized Why now?
Whats FPLs definition of stabilized.
The way it was stabilized for the last 40 years when salinity went from
<34PSU to almost 100 PSU in 2015?
The 14 MGD from the Floridian isnt being used yet.
If its stabilized why do we need the 14 MGD?
Salt Water Intrusion South Miami Dade County 40
FPL Myth 2 - The Miami Dade consent agreement is the answer Fact: The saltfront does not stop moving west for many years.
FPL has NO model to evaluate any proposed solutions. So how do they know?
FPL has asked for a 6 week delay in even submitting the 1st run of any model they have created.
If FPL was truly concerned about the CCS they should have developed a model years ago. They did not!
Salt Water Intrusion South Miami Dade County 41
FPL Myth 3 - SFWMD Canal operations are to blame Groundwater elevation in the western Model Lands basin have been stable for at least the 30 years.
FPLs own mitigation bank operations in the eastern Model Lands basin have allowed for large quantities of water to be moved into the CCS and discharged to the coast.
DERM consent agreement requires FPL to raise the elevation of its mitigation bank culverts.
Salt Water Intrusion South Miami Dade County 42
Myth 4 - FPL is cleaning up the pollution it caused to the Bay NO agency has evaluated the proposed fix.
Not DERM, FDEP EPA Health Department issued well permit If discharged into CCS additional pollution being sent West!
If discharged into existing disposal well, where will discharge from DERM CA extraction wells go?
How does FPL know there will be no long term impacts to the Bay? The same way they said for years the CCS wasnt causing a problem to the Biscayne Aquifer!
Salt Water Intrusion South Miami Dade County 43
Ask these questions of FPL Why didnt you do anything in 1983 when the data showed the CCS was failing.
If you didnt know it was failing then, when did you know?
Why havent you done anything since 2010 when you had your consultants evaluate options to stop the front from moving?
With your proposed solutions when will the saltfront stop moving west.
How long? How do you know?
When will the 25 SQ. Miles of pollution to the Biscayne Aquifer be cleaned up? How long? How do you know?
Salt Water Intrusion South Miami Dade County 44
What dont we want from FPL For FPL to claim the fix is too costly.
To continue to claim everything is OK - Its NOT Salt Water Intrusion South Miami Dade County 45
What do we want from FPL For FPL implement measures that will immediately stop the western movement of the saltfront For FPL to remove all pollution from the Biscayne Aquifer attributable to the CCS (tritium above 20)
Return the saltfront to a position as it would be if the CCS were not there.
Accurately and comprehensively identify ALL modifications made to the CCS and to provide assurance additional negative impacts don't occur from there cumulative impacts.
Salt Water Intrusion South Miami Dade County 46
Salt Water Intrusion South Miami Dade County 47
Salt Water Intrusion South Miami Dade County 48
Questions?
Salt Water Intrusion South Miami Dade County 49
Salt Water Intrusion South Miami Dade County 50