Longboat Key off the hook for new sewer line after spill that dumped 11M gallons of sewage

The town of Longboat Key will not be required to replace an aging sewer line that broke last summer, spilling millions of gallons of raw sewage into Sarasota Bay, the Florida Department of Environmental Protection has determined.

DEP initially demanded the town replace the 40-year-old line after 11 million gallons of raw sewage spilled from a break in the line within a mangrove area about 300 yards offshore of the bay in late June.

An analysis of the line ultimately did not determine an exact break in the line, but investigators found that a tree root in two large holes prevented the leak from being worse. Photos of the pipe showed rust around the holes.

It took the town almost two weeks to realize there was a break in the line after Manatee County utilities had informed town officials that there were downward fluctuations in the flow of sewage into the county’s wastewater treatment plant. Town staff initially thought the fluctuation was due to a maintenance project so did not immediately react.

After the fluctuations persisted, Manatee County staff assisted the town in locating the leak.

DEP had demanded the line be replaced in a proposed consent order delivered to the town in September. DEP gave the town five years to replace the line with an estimated cost of around $20 million, but that demand was removed from the consent order finalized in late February.

Another change: Longboat Key will have to pay a fine smaller than originally proposed.

DEP initially fined the town $241,652, but reduced the fine to $188,382. The state found the town violated three statutes:

• Failure to maintain equipment and for the unauthorized discharge of wastewater.
• The destruction of more than a half-acre of mangroves without authorization.
• Failure to get authorization for dredge and fill operations within wetlands.

In lieu of paying a cash fine, the town has the option to pay the equivalent plus one half for “in-kind projects.”

On March 3, Longboat Key notified DEP they would be pursuing the latter option and a list of in-kind projects would be forthcoming.

Susan Phillips, assistant to the LBK town manager, said the town will continue to follow through on previous plans to construct a redundant sewer line to replace the existing line.

“Based on the Consent Order, the Town will be preparing a Plan for the FDEP that includes short-term and long-term steps to ensure the safe transition of wastewater to the treatment facility,” Phillips said. “Separately, the Town continues to advance the planning, and ultimately, the permitting for a redundant line. The timelines and funding strategies for a future redundant pipe are to be determined as we move through the planning process.

DEP did not immediately respond for more information regarding the decision to withdraw the pipe replacement requirement.

However, Shannon Herbon, DEP public information manager, said the state is taking what happened with the line seriously.

“As you know, the department takes every un-permitted discharge seriously,” Herbon said. “In the event of a discharge, DEP’s first step, once the release is stopped, is to gather any additional information needed and identify what corrective actions are necessary, including measures to avoid future discharges and possible enforcement.

Despite the withdrawal of requiring the town to replace the line, Herbon said other enforcement actions will hopefully ensure Longboat Key officials have a more proactive system in place to ensure future discharges are prevented or, at the very least, leaks are stopped sooner.

DEP is enforcing the following measures the town must abide by in the consent order:

“In instances where formal enforcement is necessary, DEP formalizes these requirements in a Consent Order,” Herbon said. “In addition to corrective actions, these orders may also include fines and penalties. Consent orders are legally enforceable agreements and must be signed by both parties to be executed.”

Herbon said revisions to proposed consent orders before execution is not uncommon.

“The final version of this consent order requires measures necessary for the utility to return to compliance with all applicable rules and regulations, as well as significant penalties for non-compliance,” she said.

This story was originally published March 9, 2021 at 11:13 AM.