throbber
Case 8:22-cv-00037-SDM-SPF Document 1 Filed 01/04/22 Page 1 of 57 PageID 1
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` UNITED STATES DISTRICT COURT
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`MIDDLE DISTRICT OF FLORIDA
`TAMPA DIVISION
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`Civil Case No. 8:22-cv-00037
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`SUNCOAST WATERKEEPER,
`OUR CHILDREN’S EARTH
`FOUNDATION, TAMPA BAY
`WATERKEEPER, and
`MANASOTA-88,
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`Plaintiffs,
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`v.
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`CITY OF BRADENTON, FLORIDA,
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`Defendant.
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`
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`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND
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`CIVIL PENALTIES
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`Suncoast Waterkeeper (“SCWK”), Our Children’s Earth Foundation
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`(“OCE”), Tampa Bay Waterkeeper (“TBWK”), and ManaSota-88, (collectively,
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`“Plaintiffs”), by and through their counsel, hereby allege as follows:
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`I.
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`JURISDICTION AND VENUE
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`1.
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`This is a civil suit brought under the citizen suit enforcement
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`provision of the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251, et seq.
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`(“Clean Water Act” or “CWA”) (see 33 U.S.C. § 1365). This Court has subject
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`matter jurisdiction over the parties and this action pursuant to Section 505(a)(1) of
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`the Clean Water Act, 33 U.S.C. § 1365(a)(1), and 28 U.S.C. §§ 1331 and 2201 (an
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`action for declaratory and injunctive relief arising under the Constitution and
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`laws of the United States).
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`2.
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`On November 4, 2021, Plaintiffs issued a sixty (60) day notice letter
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`(“Notice Letter”) to the City of Bradenton (“Defendant” or the “City”). The
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`Notice Letter informed the City of its violations of the Clean Water Act and of
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`Plaintiffs’ intention to file suit against the City. The Notice Letter was sent to the
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`Administrator of the United States Environmental Protection Agency (“EPA”),
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`the Acting Administrator of EPA Region IV, and the Secretary of the Florida
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`Department of Environmental Protection (“FDEP”) as required by Section
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`505(b)(1)(A) of the Clean Water Act, 33 U.S.C. § 1365(b)(1)(A).
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`3. More than sixty (60) days have passed since the Notice Letter was
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`issued to the City and the state and federal agencies.
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`4.
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`Plaintiffs are informed and believe, and thereon allege, that neither
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`EPA nor the state of Florida has commenced or is diligently prosecuting an action
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`to redress the violations alleged in the Notice Letter and in this Complaint under
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`Section 505(b)(1)(B) of the Clean Water Act, 33 U.S.C. § 1365(b)(1)(B). This
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`action is not barred by any prior administrative penalty matter issued under
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`Section 309(g) of the Clean Water Act, 33 U.S.C. § 1319(g). Accordingly, because
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`the requirements of 33 U.S.C. § 1365(b)(1)(B) have been met, this matter may be
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`commenced.
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`5.
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`The venue is proper in the Middle District of Florida, Tampa
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`Division, pursuant to Section 505(c)(1) of the Clean Water Act, 33 U.S.C. §
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`1365(c)(1), because the source of the violations is located within this judicial
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`district, specifically within Manatee County.
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`II.
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`INTRODUCTION
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`6.
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`Plaintiffs allege the following violations of the Clean Water Act: (1)
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`violations of the State of Florida Domestic Wastewater Facility Permit National
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`Pollutant Discharge Elimination System (“NPDES”) Permit No. FL0021369
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`(“NPDES Permit”) (Causes of Action One, Two, and Eight); (2) discharges of
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`pollutants to waters of the United States without an NPDES Permit authorization
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`in violation of Section 301(a) of the Clean Water Act 33 U.S.C. §1311(a) (Cause
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`of Action Three); (3) violations of the State of Florida Municipal Separate Storm
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`Sewer System (“MS4”) Permit, NPDES Permit No. FLS000037 (“MS4 Permit”)
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`(Cause of Action Four); and (4) violations of the NPDES and MS4 Permits’
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`reporting requirements (Causes of Action Five, Six, and Seven). The City’s
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`violations of the Clean Water Act, its NPDES Permit and its MS4 Permits are
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`ongoing and continuing.
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`III. PARTIES AND BACKGROUND
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`A. Plaintiffs
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`i.
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`Suncoast Waterkeeper
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`7.
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`SCWK is a Florida non-profit public benefit corporation with
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`members throughout Southwest Florida, including Manatee and Sarasota
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`Counties and the broader Tampa Bay region. SCWK is dedicated to protecting
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`and restoring the Florida Suncoast's waterways through fieldwork, advocacy,
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`environmental education, and enforcement, for the benefit of the communities
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`and SCWK’s members who rely upon these precious coastal resources. SCWK
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`aims to protect local waterways for use for water contact recreation, aesthetic
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`enjoyment, fishing, wildlife observation, educational study, and spiritual
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`contemplation. To further its mission, SCWK actively seeks federal and state
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`implementation of the Clean Water Act, and, where necessary, directly initiates
`
`enforcement actions on behalf of itself and its members. SCWK has been
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`registered as a non-profit corporation in Florida since 2012 and has maintained its
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`good and current standing in Florida since that time. SCWK is a licensed member
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`of Waterkeeper Alliance, Inc., an international non-profit environmental
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`organization, made up of over 300 separate Waterkeeper programs, such as
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`SCWK.
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`8.
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`SCWK represents its members in and around the City of Bradenton,
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`the Manatee River, Tampa Bay and Sarasota Bay who have personally suffered
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`harm to their aesthetic, recreational, and employment-related interests due to the
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`City’s illegal discharges of wastewater effluent into the Manatee River, Wares
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`Creek, Palma Sola Creek, and Palma Sola Bay which flow into Lower Tampa
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`Bay, Sarasota Bay and the Gulf of Mexico (collectively, “Receiving Waters”),
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`which are all Waters of the United States, in violation of the City’s NPDES
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`Permit limits and the City’s sanitary sewer overflows (“SSOs”) (i.e., the
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`unauthorized discharge of raw sewage, partially treated sewage, or treated
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`reclaimed water) into the Receiving Waters. SCWK members enjoy some or all of
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`these waters for boating, fishing, wading, body-contact water sports and other
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`forms of recreation, wildlife observation, aesthetic enjoyment, educational study,
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`and spiritual contemplation.
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`9.
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`SCWK members include residents in the vicinity of the Receiving
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`Waters affected by the City’s violations and who have reasonably founded fears
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`that the pollutants contained in the City’s SSOs, the excessive nutrient loading to
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`the Receiving Waters in violation of the City’s NPDES Permit effluent limits, and
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`the City’s exceedances of other NPDES Permit limitations have and will continue
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`to contribute to poor water quality in the Receiving Waters that may be
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`dangerous to them and human health and the environment. SCWK members also
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`include: (1) residents of the communities that border the Manatee River, Tampa
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`Bay and Sarasota Bay who have reasonably founded fears that the excessive
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`nitrogen contained in the City’s discharges of raw, partially treated and/or treated
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`reclaimed water cause or exacerbate harmful algal blooms (“HABs”) and the
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`decline in abundance and distribution of seagrasses, both of which negatively
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`impact the Sarasota Bay and Tampa Bay estuaries; (2) commercial and/or charter
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`fishermen who depend upon the ecological health the region’s estuaries for their
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`livelihood; (3) individuals who own and operate businesses in the tourism and
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`marine service industries, whose businesses are adversely impacted by the City’s
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`illegal discharges and by public perception of poor water quality in the Receiving
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`Waters; and (4) individuals who devote their time to cleanup, monitoring and/or
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`restoration efforts in and around the Receiving Waters. SCWK members conduct
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`nature surveys and studies, and photograph wildlife in and around some or all of
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`the Receiving Waters. SCWK members contact some or all of the Receiving
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`Waters directly when they perform maintenance work on boats, participate in
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`body-contact water sports, or participate in organized cleanups and habitat
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`restoration work along the shoreline.
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`10.
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`SCWK members are interested in access to information which the
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`City is required to report under the CWA. This information is made publicly
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`accessible through the FDEP “Public Notice of Pollution” website and FDEP’s
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`Electronic Document Management System. This reportable information informs
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`SCWK members, and the general public, about entities such as the City, who are
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`discharging pollutants into the Receiving Waters used by members at levels that
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`risk damage to the environment and human health, and the measures such
`
`entities are taking to prevent and mitigate pollution. SCWK members rely on this
`
`publicly available information for a variety of reasons including to determine
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`whether it is safe to use and enjoy some or all of the Receiving Waters, and to
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`inform and develop advocacy plans or enforcement actions regarding the
`
`environmental, human health and safety impacts to some or all of the Receiving
`
`Waters caused by the sources of pollution. The City’s consistent pattern of failed,
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`delinquent, or inaccurate reporting to FDEP as required by its CWA permits has
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`impaired and will continue to impair SCWK’s right to public information and has
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`hindered and will continue to hinder SCWK members’ ability to use the
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`reportable information for the above-mentioned purposes.
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`ii. Our Children’s Earth Foundation
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`11. OCE is a non-profit public benefit corporation with members
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`throughout the United States, including the Tampa Bay and Sarasota Bay areas.
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`OCE’s mission is to promote public awareness of domestic and international
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`human rights issues and environmental impacts through education, art, and
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`private enforcement actions for the benefit of children and other populations who
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`are the most vulnerable to pollution. OCE seeks to prevent environmental
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`damage wherever possible and ensure that appropriate environmental protection
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`statutes are being followed. Throughout its 20-year history, OCE has regularly
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`initiated environmental enforcement actions on behalf of itself and its members.
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`OCE has been registered as a non-profit corporation in Florida since 2016.
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`12.
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`Since 2016, OCE has focused on its environmental enforcement
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`activities related to water quality in Florida. OCE members in the Tampa Bay
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`and Sarasota Bay areas have repeatedly requested that OCE take legal action to
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`effectively address water pollution problems in their communities, as well as
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`sources of pollution that exacerbate HABs. OCE members have expressed
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`concern and fear regarding their exposure to raw and partially-treated sewage
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`pollution, as well as the impacts of nutrient pollution to waters in Tampa Bay and
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`Sarasota Bay, including to the Receiving Waters.
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`13. OCE members have expressed frustration that local and state
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`officials have failed to adequately address the City’s polluting of the Receiving
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`Waters, despite recurring HABs and raw and partially-treated sewage releases
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`that impact members’ businesses, recreational activities, and quality of life.
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`14. OCE members have personally suffered harm to their aesthetic,
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`recreational, and employment-related interests due to City’s unauthorized
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`discharges of raw or inadequately treated sewage and/or reclaimed water into the
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`Receiving Waters. Members of OCE use some or all of those waters to regularly
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`participate in boating, fishing, wading, body contact water sports and other forms
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`of recreation, wildlife observation, aesthetic enjoyment, educational study, and
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`spiritual contemplation.
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`15. OCE members are interested in access to information which the City
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`is required to report under the CWA. This information is made publicly accessible
`
`through the FDEP “Public Notice of Pollution” website and FDEP’s Electronic
`
`Document Management System. This reportable information informs OCE
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`members, and the general public, about entities such as the City, who are
`
`discharging pollutants into the Receiving Waters used by members at levels that
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`risk damage to the environment and human health, and the measures such
`
`entities are taking to prevent and mitigate pollution. OCE members rely on this
`
`publicly available information for a variety of reasons including to determine
`
`whether it is safe to use and enjoy some or all of the Receiving Waters, and to
`
`inform and develop advocacy plans or enforcement actions regarding the
`
`environmental, human health and safety impacts to some or all of the Receiving
`
`Waters caused by the sources of pollution. The City’s consistent pattern of failed,
`
`delinquent, or inaccurate reporting to FDEP as required by its CWA permits has
`
`impaired and will continue to impair OCE’s right to public information and has
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`hindered and will continue to hinder OCE members’ ability to use the reportable
`
`information for the above-mentioned purposes
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`iii. Tampa Bay Waterkeeper
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`16. TBWK is a Florida non-profit public benefit corporation with
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`members throughout Tampa Bay. TBWK is dedicated to protecting and
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`improving the Tampa Bay watershed while ensuring swimmable, drinkable, and
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`fishable water for all. TBWK’s approach combines sound science, policy
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`advocacy, grassroots community engagement and education to stand up for clean
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`water together as a community, ensuring a clean and vibrant future for the Tampa
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`Bay watershed. To further its mission, TBWK actively seeks federal and state
`
`implementation of the Clean Water Act, and, where necessary, directly initiates
`
`enforcement actions on behalf of itself and its members. TBWK has been
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`registered as a non-profit corporation in Florida since 2017. Like SCWK, TBWK
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`is a licensed member of Waterkeeper Alliance, Inc.
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`17. TBWK represents its members who have personally suffered harm to
`
`their aesthetic, recreational, and employment-related interests due to the City’s
`
`SSOs and the City’s illegal discharges of wastewater into the Receiving Waters.
`
`TBWK members use some or all of those waters for boating, fishing, wading,
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`body-contact water sports and other forms of recreation, wildlife observation,
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`aesthetic enjoyment, educational study, and spiritual contemplation.
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`18. TBWK members include members who reside in the vicinity of the
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`Receiving Waters impacted by the City’s violations and who have reasonably
`
`founded fears that the pollutants contained in the City’s SSOs, the excessive
`
`nutrient loading to Receiving Waters in violation of the City’s NPDES Permit
`
`effluent limits, and the City’s exceedances of other NPDES Permit limitations
`
`have and will continue to contribute to poor water quality in the Receiving
`
`Waters that may be dangerous to human health and the environment. TBWK
`
`members also include: (1) residents of the communities that border the Manatee
`
`River, Tampa Bay and Sarasota Bay who have reasonably founded fears that the
`
`excessive nitrogen contained in the City’s discharges of raw, partially treated
`
`and/or treated reclaimed water cause or exacerbate HABs and the decline in
`
`abundance and distribution of seagrasses, both of which negatively impact the
`
`Sarasota Bay and Tampa Bay estuaries; (2) commercial and/or charter fishermen
`
`who depend upon the ecological health the region’s estuaries for their livelihood,
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`(3) individuals who own and operate businesses in the tourism and marine service
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`industries, whose businesses are adversely impacted by the City’s illegal
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`discharges and by public perception of poor water quality in the Receiving
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`Waters; and (4) individuals who devote their time to cleanup, monitoring and/or
`
`restoration efforts in and around the Receiving Waters. TBWK members conduct
`
`nature surveys and studies, and photograph wildlife in and around some or all of
`
`the Receiving Waters. TBWK members contact some or all of the Receiving
`
`Waters directly when they perform maintenance work on boats, participate in
`
`body-contact water sports, or participate in organized cleanups and habitat
`
`seagrass restoration work along the shoreline.
`
`19. TBWK members are interested in access to information which the
`
`City is required to report under the CWA. This information is made publicly
`
`accessible through the FDEP “Public Notice of Pollution” website and FDEP’s
`
`Electronic Document Management System. This reportable information informs
`
`TBWK members, and the general public, about entities such as the City, who are
`
`discharging pollutants into the Receiving Waters used by members at levels that
`
`risk damage to the environment and human health, and the measures such
`
`entities are taking to prevent and mitigate pollution. TBWK members rely on this
`
`publicly available information for a variety of reasons including to determine
`
`whether it is safe to use and enjoy some or all of the Receiving Waters, and to
`
`inform and develop advocacy plans or enforcement actions regarding the
`
`environmental, human health and safety impacts to some or all of the Receiving
`
`
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`Waters caused by the sources of pollution. The City’s consistent pattern of failed,
`
`delinquent, or inaccurate reporting to FDEP as required by its CWA permits has
`
`impaired and will continue to impair TBWK’s right to public information and has
`
`hindered and will continue to hinder TBWK members’ ability to use the
`
`reportable information for the above-mentioned purposes.
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`iv. ManaSota-88
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`20. ManaSota-88 is a Florida non-profit public benefit corporation with
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`members throughout Southwest Florida. ManaSota-88 has spent over 50 years
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`fighting to protect Florida’s environment. It is dedicated to protecting the public's
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`health and preservation of the environment. ManaSota-88 is committed to
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`safeguarding Floridians’ air, land, and water quality. ManaSota-88 has members
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`that work, live, and recreate in the Tampa Bay and Sarasota Bay areas in
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`proximity to Bradenton. These members also make use of the waterways and
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`natural areas in proximity to Bradenton for recreational, aesthetic, and related
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`purposes. These members’ aesthetic, recreational, and other constitutionally-
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`protected interests are injured by Defendant’s actions and omissions as set out
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`herein.
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`21. ManaSota-88 represents members who have personally suffered
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`harm to their aesthetic, recreational, and employment-related interests due to the
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`City’s illegal discharges of wastewater effluent into the Receiving Waters in
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`violation of the City’s NPDES Permit limits and the City’s SSOs into the
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`Receiving Waters. ManaSota-88 members enjoy some or all of those waters for
`
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`boating, fishing, wading, body contact water sports and other forms of recreation,
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`wildlife observation, aesthetic enjoyment, educational study, and spiritual
`
`contemplation.
`
`22. ManaSota-88 members include residents in the vicinity of the
`
`Receiving Waters affected by the City’s violations and who have reasonably
`
`founded fears that the pollutants contained in the City’s SSOs, the excessive
`
`nutrient loading to the Receiving Waters in violation of the City’s NPDES Permit
`
`effluent limits, and the City’s exceedances of other NPDES Permit limitations
`
`have and will continue to contribute to poor water quality in the Receiving
`
`Waters that may be dangerous to them and human health and the environment.
`
`23. ManaSota-88 members are interested in access to information which
`
`the City is required to report under the CWA. This information is made publicly
`
`accessible through the FDEP “Public Notice of Pollution” website and FDEP’s
`
`Electronic Document Management System. The reportable information informs
`
`SCWK members, and the general public, about entities such as the City, who are
`
`discharging pollutants into the Receiving Waters used by members at levels that
`
`risk damage to the environment and human health, and the measures such
`
`entities are taking to prevent and mitigate pollution. ManaSota-88 members rely
`
`on this publicly available information for a variety of reasons including to
`
`determine whether it is safe to use and enjoy some or all of the Receiving Waters,
`
`and to inform and develop advocacy plans or enforcement actions regarding the
`
`environmental, human health and safety impacts to some or all of the Receiving
`
`
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`Waters caused by the sources of pollution. The City’s consistent pattern of failed,
`
`delinquent, or inaccurate reporting to FDEP as required by its CWA permits has
`
`impaired and will continue to impair ManaSota-88’s right to public information
`
`and has hindered and will continue to hinder ManaSota-88 members’ ability to
`
`use the reportable information for the above-mentioned purposes
`
`24. The City’s illegal discharges of pollutants degrade water quality and
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`harm aquatic life in the Receiving Waters, and thus threaten or impair each of the
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`uses described above or contribute to such threats and impairments, ultimately
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`impairing Plaintiffs’ members’ use and enjoyment of these waters.
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`25. The City’s illegal discharges of pollutants threaten or impair each of
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`the uses described above or contribute to such threats and impairments. Thus, the
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`interests of Plaintiffs’ members have been, are being, and will continue to be
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`adversely affected by the City’s failure to comply with its NPDES and MS4
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`Permits and the Clean Water Act. The relief sought herein will redress the harms
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`to Plaintiffs’ members caused by the City’s illegal conduct. Continuing
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`commission of the acts and omissions alleged herein will irreparably harm
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`Plaintiffs’ members, for which harm they have no plain, speedy, or adequate
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`remedy at law.
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`26. Plaintiffs bring this action on behalf of their members to address and
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`remedy the injuries in fact suffered by these members as a result of the City’s
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`illegal discharges described above. The interests of Plaintiffs’ members at stake are
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`germane to the purposes for which SCWK, OCE, TBWK, and ManaSota-88 have
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`been created. Plaintiffs’ organizational purposes all include protecting surface
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`waters from pollution and degradation to promote their members’ and the
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`public’s abilities to use surface waters for water contact recreation, aesthetic
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`enjoyment, fishing, wildlife observation, educational study, and spiritual
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`contemplation.
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`B. Defendant
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`27. The City is a municipality incorporated under the laws of the state of
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`Florida and a “person” within the meaning of Section 403.031(5), Fla. Stat., and
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`Section 502(5) of the Clean Water Act. 33 U.S.C. § 1362(5).
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`i. The City’s Sewage Collection and Treatment System
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`28. The City is subject to NPDES Permit No. FL0021369, issued by
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`FDEP for the Bradenton Wastewater Treatment Facility (“WWTF” or
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`“Bradenton WWTF”).
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`29. The City owns and operates the Bradenton WWTF, and
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`appurtenant sewage wastewater collection and transmission system (“WCTS”)
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`which collectively constitute a publicly owned treatment works (“POTW”) as
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`defined in Section 212(2) of the CWA, 33 U.S.C. § 1292(2), and 40 C.F.R.
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`Section 125.58(u). The POTW collects and treats sanitary sewage from the City’s
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`residents and businesses.
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`30. All wastewater collected within Bradenton is transported to the
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`WWTF through the WCTS. The WWTF is located at 1810 1st Street West,
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`Bradenton, FL 34208-3504 in Manatee County. The WWTF is a 9.0 million
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`gallons per day (“MGD”) annual average daily flow (“AADF”) Type I activated
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`sludge advanced wastewater treatment facility. The treated wastewater effluent
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`from the WWTF is either (1) distributed to the City’s Reuse System for land
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`application or (2) discharged to the Manatee River.
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`31. The point of discharge of wastewater effluent from the Bradenton
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`WWTF is Outfall D-001, which is described in the City’s NPDES Permit as
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`follows: “An existing 6.0 MGD AADF discharge to Robinson’s Ditch thence the
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`Manatee River below Braden River, a Class III Marine water, (WBID# 1848A).
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`The outfall is a 36-inch diameter ductile iron pipe that discharges effluent through
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`the existing Robinson’s ditch storm sewer before discharging to the Manatee
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`River. The point of discharge is located approximately at latitude 27°29’ 54” N,
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`longitude 82°33’ 17” W.”
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`32. The City owns and operates the WCTS which consists of
`
`approximately 205 linear miles of gravity sewer lines, approximately 37 miles of
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`force mains, 64 wastewater lift stations and approximately 4,500 manholes. The
`
`City is also responsible for the lower portion of lateral lines from the City’s
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`mainline connection to the property line. Additionally, there are 30 private lift
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`stations providing wastewater flow to the WCTS.
`
`33. The City is responsible for operating and maintaining the POTW,
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`tasks which include, but are not limited to: properly collecting and conveying
`
`sewage through the WCTS, proper treatment at the WWTF, conducting routine
`
`maintenance, cleaning, and inspection of the WCTS and WWTF, and responding
`
`
`
`16
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`

`

`Case 8:22-cv-00037-SDM-SPF Document 1 Filed 01/04/22 Page 17 of 57 PageID 17
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`to citizens’ complaints regarding dischargers of raw and/or partially treated
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`sewage.
`
`ii. The City’s Municipal Separate Storm Sewer System
`
`34. The City is the owner and operator of the portions of the MS4
`
`within its political boundaries under MS4 Permit No. FLS000037.
`
`35. The City’s MS4 contains numerous storm drain inlets that lead to
`
`underground storm drain pipes, which discharge into the Receiving Waters. The
`
`portion of the MS4 within the City’s political boundaries serves the areas also
`
`served by the WCTS.
`
`36. The City is responsible for operating and maintaining the MS4
`
`within its political boundaries, tasks which include, but are not limited to,
`
`preventing the discharge of non-stormwater (i.e., any substances other than
`
`stormwater including but not limited to sewage or re-use water) into the MS4.
`
`C. The Local Waterways that Receive the City's Illegal Discharges
`and the Environmental Impacts from those Discharges
`
`37. The WWTF and WCTS are located in watersheds that drain to the
`
`Receiving Waters. The storm pipes in the MS4 owned and operated by the City
`
`also discharge into these waters.
`
`38.
`
`SSOs from the WWTF and WCTS, as well as SSOs that enter the
`
`MS4 from the WWTF and WCTS are discharged to the Receiving Waters.
`
`39. Effluent discharged from Outfall D-001 flows directly into the
`
`Manatee River.
`
`17
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`
`
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`
`
`
`

`

`Case 8:22-cv-00037-SDM-SPF Document 1 Filed 01/04/22 Page 18 of 57 PageID 18
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`40. The Receiving Waters are waters of the United States, and/or
`
`possess a significant nexus to waters that are or were navigable in fact or that
`
`could reasonably be so made, and thus are navigable waters as defined by the
`
`Clean Water Act and controlling authority.
`
`41. The Manatee River flows into Tampa Bay, the largest open-water
`
`estuary in Florida, encompassing nearly 400 square miles, including numerous
`
`smaller bays and waterways and bordering three counties—Hillsborough,
`
`Manatee and Pinellas. Tampa Bay’s watershed covers a land area of 2,200 square
`
`miles. Tampa Bay is an ecologically sensitive water body and a defining feature of
`
`Southwest Florida. Tampa Bay is an important and heavily used resource, with
`
`special aesthetic and recreational significance for people living in the surrounding
`
`communities. The Tampa Bay shoreline has numerous highly valued beaches and
`
`points of public access that offer unique recreation opportunities for swimmers,
`
`kayakers, paddleboarders, windsurfers, sport fishers, and other recreational users.
`
`42.
`
`Included amongst the Tampa Bay Estuary’s prized resources are the
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`Manatee River, Wares Creek, Terra Ceia Aquatic Preserve and Lower Tampa
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`Bay, all listed on the State of Florida’s CWA Section 303(d) list of impaired water
`
`bodies. A water body that is listed as impaired cannot support its designated
`
`beneficial uses. The beneficial uses of these water bodies are: recreation, fish
`
`consumption, shellfish propagation, and propagation and maintenance of a
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`healthy, well-balanced population of fish and wildlife.
`
`
`
`18
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`

`

`Case 8:22-cv-00037-SDM-SPF Document 1 Filed 01/04/22 Page 19 of 57 PageID 19
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`43. The Terra Ceia Aquatic Preserve receives waters from the Manatee
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`River directly via the Snead Island Cutoff as well as from the mouth of the River
`
`at Emerson Point. The Terra Ceia Aquatic Preserve is an Outstanding Florida
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`Water per Rule 62-30.700(9)(i)(29), FAC. Terra Ceia Aquatic Preserve has open
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`water, several inlet bays, and tidally influenced creeks and rivers and contains a
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`diverse variety of natural communities, including seagrass, mangroves, salt
`
`marsh, tidal flats, hardbottom, oyster bars and clam beds. By virtue of its location
`
`along southeast Tampa Bay, Terra Ceia represents much of the remaining
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`undeveloped shoreline of one of Florida's most densely populated watersheds.
`
`The aquatic preserve contains a considerable amount of Tampa Bay's seagrass
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`and much of the bay's hardbottom acreage. As a temperate/subtropical climatic
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`transition zone, the area provides a natural workshop for the study of effects of
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`climate change and urbanization that is yielding science-derived information of
`
`gulf-wide significance.
`
`44. The Manatee River also flows into the Sarasota Bay Estuarine
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`System (“Sarasota Bay Estuary”) which is also an Outstanding Florida Water and
`
`worthy of special water quality protections because of its natural attributes. The
`
`Sarasota Bay Estuary is a complex and ecologically sensitive coastal lagoon
`
`system, with unique embayments, tidal tributaries, small creeks, coves, inlets, and
`
`passes that are collectively a defining feature of Southwest Florida and the
`
`region’s most important natural asset. The Sarasota Bay Estuary is an important
`
`and heavily relied upon resource, with special aesthetic and recreational
`
`
`
`19
`
`

`

`Case 8:22-cv-00037-SDM-SPF Document 1 Filed 01/04/22 Page 20 of 57 PageID 20
`
`significance for people living in the surrounding communities. The Sarasota Bay
`
`Estuary includes numerous highly valued beaches and points of public access
`
`offer unique recreational opportunities for swimmers, kayakers, windsurfers, sport
`
`fishers, and other recreational users.
`
`45. The Sarasota Bay Estuary is included, along with 40 other “Special
`
`Waters” in an additional category of protected waters designated by State of
`
`Florida Environmental Regulation Commission as a “Special Water” after
`
`making a finding that the environmental, social, and economic benefits of the
`
`designation outweigh the environmental, social, and economic costs. Rule 62-
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`302.700(5), F.A.C.
`
`46. Tampa Bay and Sarasota Bay have significant nitrogen pollution
`
`problems. Between 1950 and 1988, an estimated 42% of the seagrass acreage in
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`Tampa Bay was lost primarily through excess nitrogen loading and related
`
`increases in phytoplankton concentrations, causing light limitation for seagrass
`
`survival and growth. Since the late 1980s, Tampa Bay has seen significant
`
`recovery of seagrass population through substantial financial investments.
`
`Seagrasses are an essential part of the estuarine ecosystem as they provide food
`
`and habitat for aquatic animals, filter water, reduce erosion, and anchor sediment.
`
`Additionally, juvenile survival rates are much higher for fish and other marine life
`
`in areas where seagrasses have been maintained and restored. However, the
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`Manatee River, w

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