TALLAHASSEE, Florida, September 30, 2008 (ENS) – After four years of legal battles, the Florida Supreme Court has ruled that beach nourishment does not infringe on the rights of property owners along the beaches of Destin in Walton County. Located along the panhandle in Northwest Florida, the county has 26 miles of white sandy beaches.

The Florida Supreme Court decided Monday that the state’s Beach and Shore Preservation Act is constitutional, a ruling that also will affect other Florida beaches with renourishment plans.

Florida Department of Environmental Protection Secretary Michael Sole said, “We are pleased with today’s opinion from the Florida Supreme Court which upholds the constitutionality of the Beach and Shore Preservation Act. The court’s opinion reflects that the Beach and Shore Preservation Act implements the state’s constitutional duty to protect Florida’s beaches, and achieves a reasonable balance between public and private interests in the shore.”

Beach nourishment is used to replace sand lost through erosion, usually as part of a coastal defense plan. A poorly designed or poorly executed beach nourishment project can result in a damaged ecosystem. Sea floor habitats can be damaged by dredging of eroded sand. In the case of Walton County, concerns were raised about the destruction of sea turtle nests by the dredging and replacement of sand.

If beach nourishment only occurs on the upper visible beach above the waterline, then the beach becomes unstable and the sand is quickly eroded again.

The beach at Destin, Florida
(Photo by Jennifer Lee)

Once a beach is nourished, it is often necessary to regularly renourish it since nourished beaches tend to erode faster than natural beaches.

Walton County began beach nourishment projects in 1995 over 6.9 miles of beach, but the projects were challenged by two groups, Save Our Beaches and Stop the Beach Renourishment Inc. They felt the state was placing renourishment sand on their property without their consent.

In January 2004 and February 2004, the two groups filed petitions for a formal administrative hearing challenging a notice of intent to issue a permit by the Florida Department of Environmental Protection for the beach renourishment. The petitions were consolidated for administrative hearing later that year.

Stop the Beach Renourishment also filed a petition challenging the erosion control line established by the Board of Trustees of the Internal Improvement Trust Fund, in conjunction with the proposed beach restoration project. The erosion control line established the line between state owned land below mean high water and privately owned land above mean high water.

In June 2005, the administrative hearing addressed whether the city of Destin and Walton County gave reasonable assurances that applicable water quality standards would not be violated.

The administrative law judge found that the city and county did give reasonable assurances that the water quality standard would not be violated, and recommended that the Department of Environmental Protection issue the permit.

In July 2005, the department issued the permit, but the petitioning groups appealed.

In April 2006, the First District Court of Appeals issued an opinion disagreeing with the department’s decision and siding with the petitioners. The appeals court stated that the permit and erosion control line were invalid and that a taking of riparian rights had occurred.

The First District Court of Appeal denied the Department of Environmental Protection’s motion for rehearing, but certified the case as “a question of great public importance” to the Florida Supreme Court.

In April 2007, the Florida Supreme Court accepted discretionary review of the district court’s decision, and the case was fully briefed, complete with oral argument.

On Monday, the Florida Supreme Court issued an opinion holding that the Beach and Shore Preservation Act achieves a reasonable balance between public and private interests.

Further, the court ruled that the Act does not unconstitutionally deprive upland owners of property rights without just compensation when the state is restoring beaches under the Act.

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HARRISBURG, Pennsylvania, September 17, 2008 (ENS) – Pennsylvania is making $1 million in grant funding available for manufacturers to buy equipment that increases use of recycled content in finished products. Grants of up to $500,000 are available to buy machinery or equipment that will increase consumption of recyclable materials recovered in Pennsylvania.

Another $950,000 will be available to help expand and develop markets for recovered materials, and stimulate demand for products with recycled content through the Pennsylvania Recycling Markets Center.

Announcing the new funding, Governor Ed Rendell said that strategic investments to increase the use of recyclable materials will help manufacturers manage energy costs, reduce pollution and bolster local recycling collection programs.

“Recycled materials is an important resource for Pennsylvania’s manufacturers. They can cut soaring energy costs by incorporating recyclable materials that require less energy to process than virgin raw materials,” said the governor.

“Diverting these valuable materials from landfills also protects our environment by preserving natural resources, reducing pollution from the processing of virgin materials and conserving landfill space,” he said.

“These initiatives to increase demand for recycled materials also benefit Pennsylvania’s municipal recycling programs, which collect bottles, cans, papers and other materials from homes and businesses,” said Acting Environmental Protection Secretary John Hanger.

“Increasing demand for these commodities means local governments can benefit from higher prices for the materials they collect,” he said. “By diverting more materials from landfills, local governments and businesses also can save on their waste disposal costs.”

The Recycling Markets Center has been expanding its scope of services to increase the demand for recycled commodities. By supporting research into innovative uses for priority materials such as organic wastes, hard-to-recycle plastics, glass and tires, the center is developing new markets for recyclable materials.

The center is increasing its business assistance programs, shortening the time it takes to market new products or processes that use recycled commodities and developing markets for recovered construction materials in certified green buildings.

The Recycling Markets Center has launched new programs to help manufacturers that use recycled materials to document their reduced carbon emissions and earn tradable carbon credits through the Chicago Climate Exchange, CCX.

In August, the Pennsylvania Recycling Markets Center became the first recycled markets development organization to join CCX, the world’s first and North America’s only voluntary, legally binding integrated greenhouse gas emissions reduction market.

As a member, the center will annually inventory and report its indirect emissions to CCX to verify and audit. Reporting requirements include vehicle use, air travel, as well as business operations.

Once the verification process is complete and total emissions are confirmed, the center is required to purchase and retire CCX Carbon Financial Instrument contracts through the CCX trading platform to fully offset the indirect emissions it produces.

To scope recycled materials processes for carbon emission reduction opportunities, the center has partnered with Environmental Credit Corporation of, State College, Pennsylvania.

Environmental Credit Corporation President, Scott Subler, said, “RMC is taking a leadership role in introducing Pennsylvania recyclers to rapidly developing opportunities in the carbon market. We’re excited to be working with them on this important issue.”

Pennsylvania’s recycling and reuse industry leads northeastern states in employment, payroll and sales numbers, according to state figures.

More than 3,200 recycling and reuse businesses and organizations make more than $18.4 billion in gross annual sales and pay $305 million in taxes.

Recycling and reuse industries in Pennsylvania employ more than 81,000 people at an annual payroll of approximately $2.9 billion.

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HARRISBURG, Pennsylvania, June 16, 2008 (ENS) – Higher energy prices and improving technology are making it easier and more attractive for drilling operators to explore and extract natural gas in Pennsylvania, but they must obey the state’s environmental laws and regulations the state’s top environmental official told oil and gas executives on Friday.

Speaking at a first-of-its-kind summit attended by 150 representatives of the oil and gas industry, Department of Environmental Protection Secretary Kathleen McGinty said that taking advantage of the state’s energy resources is important to its economy and to the nation’s interests, but doing so must be balanced against the need to protect Pennsylvania’s natural resources.

“The economics of the energy industry are driving an incredible level of interest in Pennsylvania’s natural resources,” said McGinty. “In three of the last four years, we’ve set a new record in terms of the number of permits issued to drill here, and this year could bring another record.”

“This activity can be a tremendous economic boon for our state’s citizens and industries, especially at a time when natural gas prices are at record highs. However, developing our energy resources cannot come at the expense of our environmental resources – our water, our land and our ecosystems,” she said.

The meeting was held to ensure the owners and operators of drilling operations have a clear understanding of Pennsylvania’s laws and regulations, whether they are from the state or from elsewhere.

“These rules are in place to protect our natural treasures and we will not compromise on them,” said McGinty.

One of the thousands of natural gas wells
in Pennsylvania (Photo credit unknown)

The DEP was joined by other agencies responsible for protecting Pennsylvania’s natural resources, including the Department of Conservation and Natural Resources, the Pennsylvania Fish and Boat Commission, the Susquehanna and Delaware river basin commissions, and the state’s county conservation districts.

Pennsylvania’s independent oil and gas companies operate in 31 of the state’s 67 counties. Most of the crude oil is produced in the counties of McKean, Warren, Forest and Venango, although production also occurs in the counties between Butler and Greene. Natural gas is produced in all 31 counties. In 2006, a record 4,931 oil and gas wells were drilled in Pennsylvania.

Pennsylvania has an estimated 2.8 trillion cubic feet of proved natural gas reserves in the ground awaiting development, according to the Pennsylvania Oil and Gas Association.

In 2006, Pennsylvania natural gas producers drilled approximately 3,900 new wells in the state.

Much of the new drilling activity taking place in Pennsylvania is targeted at reaching the natural gas found in the Marcellus Shale formation. Up until recently, those natural gas deposits were either inaccessible or reaching them was cost prohibitive because the Marcellus Shale is much deeper than formations where traditional gas fields are located.

But new drilling techniques and extraction methods as well as higher energy prices have brought drilling activities to areas of the state unaccustomed to such operations.

Developing the Marcellus Shale formation requires large amounts of fresh water, and McGinty says that recent inspections by DEP and its partners have uncovered violations that threaten the state’s water resources and its environment.

Violations include poorly constructed and dangerous water impoundments, inadequate erosion and sediment controls, improper waste and fluid disposal, and improper and unregistered withdrawals of water from streams.

“Over the past few weeks, DEP inspectors have observed a number of violations at drilling sites operated by companies that were new to Pennsylvania,” said McGinty. “In light of those discoveries, we acted quickly to stop this harmful activity and felt it was necessary to bring all current and potential operators together to meet directly with the agencies responsible for protecting our water and other natural resources.”

On May 30, the DEP ordered the partial shutdown of two drilling operations in Lycoming County and stepped up inspections of drilling operations statewide.

In addition to Friday’s summit, the DEP is scheduling formal conferences with current and prospective gas exploration companies to go over permit requirements and discuss the proper storage and disposal of drilling and fluids and the registration of water withdrawals.

The Pennsylvania DEP regulates oil and gas exploration and drilling under the state oil and gas laws, and also under federal laws such as the Clean Streams Law, the Dam Safety Act, the Solid Waste Management Act, and the Water Resources Act.

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HARRISBURGH, Pennsylvania, April 6, 2008 (ENS) – Compact fluorescent light bulbs can save up to 75 percent of the energy used by traditional light bulbs and save householders money too, but a lack of options on where to recycle the mercury-containing bulbs may make some consumers reluctant to adopt the popular technology.

To help encourage the use of compact fluorescent light bulbs, or CFLs, and make it easier for the public to recycle spiral-shaped bulbs, the Pennsylvania Department of Environmental Protection, DEP, is providing specialized receptacles to municipalities, small businesses and community organizations across the state hoping the experience will lead participants to continue with their own programs.

“If all of the households in Pennsylvania changed just one incandescent light bulb to an Energy Star qualified CFL, consumers could save $25.5 million annually on household electric bills and prevent nearly 382 millions pounds of greenhouse gas emissions each year,” said Environmental Protection Secretary Kathleen McGinty.

“That is the power of energy efficiency, and we need to encourage people to take advantage of that power by adopting these safe and readily available technologies as soon as possible,” she said.

Each compact fluorescent bulb contains
a small amount of mercury, a toxic
metal. (Photo courtesy Florida DEP)

The state agency is partnering with 43 counties, townships, environmental groups and small businesses statewide in setting up CFL collection programs.

More than 110 containers were purchased from Pennsylvania firms AERC Recycling, based in Allentown, and Hellertown, Northampton County-based, Bethlehem Apparatus Company. Both companies shipped the receptacles directly to the participants for use in conjunction with Earth Day and other hazardous household waste collection events.

The AERC containers will hold 100-150 bulbs, and the Bethlehem Apparatus containers will hold slightly less than 100. Once the containers are filled, participants will ship the receptacles back to AERC or Bethlehem Apparatus for the physical recycling.

DEP invited counties, municipal governments, environmental groups and other organizations to host CFL recycling containers in publicly accessible buildings. To recycle a bulb, a consumer simply needs to hand it over to a trained employee, who slides it into the container.

For those residents in need of CFL recycling services, the department reminds residents that they can also recycle the bulbs at household hazardous waste collection events in their communities.

Because the fact is CFLs must be treated as hazardous waste because they contain mercury.

Small amounts of mercury are necessary components of compact fluorescent light bulbs and all types of fluorescent lights, including those that have been safely used in homes, offices and commercial and retail establishments for years.

CFLs contain an average of five milligrams of mercury, or about the amount that would cover the tip of a ballpoint pen. By comparison, a mercury fever thermometer usually contains about 500 milligrams of mercury.

To find a recycling center that takes CFLs, calling the local government office of solid waste or log onto Earth 911, which will help you locate your closest facility. They also have an automated phone information system at 800-CLEAN-UP.

If you break a CFL, no need to worry, but care must be taken to clean it up safely. Most bulbs are damaged when they are cold, and the mercury is likely to adhere to the bulb’s debris. To be safe, ventilate the area, the U.S. EPA suggests. Using rubber or latex gloves, gather up the ballast and broken glass with disposable paper towels. Wipe the floor carefully with more paper toweling, then double bag everything in plastic zip bags. Dispose as hazardous waste.

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HARRISBURG, Pennsylvania, December 24, 2007 (ENS) – Pennsylvania Governor Ed Rendell says the state will spend $20 million to support new and expanded recycling programs benefiting 10 million people in 134 communities across the state.

Counties, cities and townships will purchase recycling containers, establish a drop-off recycling programs, yard waste collection and composting, and augment recyclable materials processing.

“Recycling is a dynamic and growing enterprise in Pennsylvania,” said the governor Friday, announcing $20 million in funding through the Recycling Development and Implementation Grant Program.

Department of Environmental Protection Secretary Kathleen McGinty said reusing materials is an important factor in Pennsylvania’s drive to energy independence.

“To put it in perspective,” she said, “the materials Pennsylvanians recycled in 2005 saved almost 98 trillion British thermal units of energy and cut more than 2.5 million metric tons of carbon dioxide emissions from the air.

“That’s the equivalent of eliminating the output from three large coal-fired power plants and taking 1.7 million cars and light trucks off the road,” McGinty said.

The Recycling Development and Implementation Grant Program reimburses local governments, councils of government, consortiums and solid waste authorities for the cost of municipal recycling and composting programs.

Pennsylvania’s recycling program, created under Act 101 of 1988, mandates recycling in the state’s larger municipalities and requires counties to develop municipal waste management plans.

“The more we recycle, the more natural resources we preserve and the better our environment’s health,” said Governor Rendell. “And, it’s important to recognize that these investments by the commonwealth come back to us in more jobs and a stronger economy.”

Recycling truck makes the
rounds of a Pittsburgh
neighborhood. (Photo
courtesy City of Pittsburgh)

One of the largest grants will go to Pittsburgh, which will receive $499,695 to enhance downtown and small business recycling.

Blair County will receive $500, 000 to improve, enhance and expand recycling efforts in Altoona, Holidaysburg, Tyrone and Logan and to increase diversion of leaf and yard waste to the Blair County compost site.

Union County will get $492,044 to improve the county-wide recycling program and implement a commercial food waste composting program.

In 2005, Pennsylvanians recycled a record 4.86 million tons of municipal waste, saving consumers and industries nearly $263 million in disposal costs and providing businesses with materials valued at $577 million.

“Recycling is an important tool in growing Pennsylvania’s economy and for protecting our environment, but it also plays a role in reducing our dependence on foreign oil and other fossil fuels,” said McGinty. “Greater levels of recycling mean fewer natural resources have to be extracted from the earth and manufactured into finished products. The supply chain and production processes associated with that conversion consumes an incredible amount of energy, scars the planet, and creates a tremendous amount of air pollution.

The commonwealth’s recycling and reuse industry includes more than 3,200 establishments with total annual sales of $18.4 billion. The industry employs more than 81,000 people and has an annual payroll of $2.9 billion. Additionally, these businesses add more than $305 million in taxes to the state treasury.

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