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City seeks to align 2021 FDEP consent order with state law, staff estimates $300M-plus program to eliminate surface water discharge

Fort Myers City Council · March 31, 2025
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Summary

Public utilities staff briefed council on progress under a 2021 consent order and proposed a negotiated modification with Florida DEP to align the city's schedule with Senate Bill 64’s requirement to eliminate surface water discharge by Jan. 1, 2032; staff outlined a phased project-based approach and estimated overall investments above $300 million.

Assistant Director of Public Utilities reviewed the city’s work on a 2021 consent order with Florida DEP addressing effluent exceedances and elevated bacteria counts in Billy Creek and Emanuel’s Branch. Staff said seven of 11 corrective actions are complete and described remaining groundwater monitoring and reporting obligations. The presentation noted supply-chain delays, post-Ian growth and inflation have affected schedules and costs and that a negotiated consent-order modification would replace percent-reduction milestones with a phased project schedule aligned to state statute.

Jason Chandra summarized the negotiated approach and its rationale, stating the city had moved from percent-based reduction targets to a project-based schedule and that the modification aligns the city with the state statutory deadline to “eliminate surface water discharge by 01/01/2032.” He said the comprehensive effort could total more than $300 million in investments and emphasized the city’s intent to pursue grants and low-interest loans and to phase projects to avoid steep near-term rate increases. Staff said the modification will be brought forward to council on April 21 for formal action.