Brevard commissioners authorize petition to challenge state consent order allowing heavier biosolids application near Lake Washington

Brevard County commissioners voted 5-0 on Aug. 26 to authorize the county attorney's office and Natural Resources staff to file a petition for an administrative hearing challenging a Florida Department of Environmental Protection (DEP) consent order that temporarily allows H and H Liquid Sludge Disposal Inc. to land-apply biosolids at rates up to three times the state limit in portions of the Upper St. Johns River basin.

The motion, moved by Commissioner Delaney and seconded by Commissioner Altman, also authorized retroactive participation in the administrative process and gave county attorneys and staff authority to take part in mediation; any settlement would be returned to the board for final approval. The clerk recorded the vote as: Commissioner Delaney — yes; Vice Chair Goodson — yes; Commissioner Atkinson — yes; Commissioner Altman — yes; Chairman Feltner — yes.

Why it matters: the Upper St. Johns basin drains into Lake Washington, which the county's presentation noted supplies drinking water to roughly 170,000 Brevard County residents. County staff said the consent order would allow land application “up to triple the legal rate” in the upper basin, raising concerns about nutrient runoff and contaminants being introduced into drinking-water supplies and downstream ecosystems.

County environmental staff told commissioners the consent order was issued by the state DEP and that Brevard County currently maintains a moratorium on biosolids spreading within the county. The presentation included maps showing how solids hauled from South Florida are distributed around Central Florida; staff said 73% of biosolids hauled statewide end up in Osceola County, much of it within the St. Johns River basin, increasing the loading pressure on the watershed.

During discussion, Commissioner Altman asked for clarity about what biosolids contain; staff replied that biosolids are “partially dewatered sewage sludge” and therefore include the materials that come out of wastewater treatment plants. Commissioner Dhillon raised concerns about PFAS and other emerging contaminants. Commissioner Altman asked the board to include funding for engineering expert witnesses and legal support in the authorization; staff said the agenda item had been prepared quickly after the county learned of the consent order and accepted that request as a friendly amendment.

County staff described the requested authorization as including retroactive approval because filing deadlines for administrative hearings can be short. The board instructed staff to include necessary engineering and expert-witness costs in the county's participation plan.

Next steps: county attorneys and Natural Resources staff will submit the petition for an administrative hearing and may enter mediation; any settlement or proposed agreement would be brought back to the commission for final approval.

Quotes:
"This is partially dewatered sewage sludge. So it contains everything that comes out of the back end of a wastewater treatment plant," staff explained when asked what biosolids contain.
"That was not included in the agenda item, which was hastily put together because we just got notice of this issue last week ... So we're asking for the retroactive authorization," Morris said, explaining the timing of the staff recommendation.

Ending: The board's authorization gives county attorneys and staff a broad mandate to contest the DEP consent order and to spend for necessary legal and engineering support; the county's moratorium on spreading biosolids within Brevard remains in place while the administrative process proceeds.