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Corps of Engineers Permit 75B-0869and Permit Application 77B-0376Recommended Determinations of the RegionalAdministrator

EPA Region

Pursuant to the Clean Water Act as amended

(

Section40G(c)) (33 U.S.C. 1344

seq.),

recommend the restriction ofthe use for specification of the area covered by permit 75B-0869so that no further permanent discharges of fill material

will

occur in the area covered by that permit. In

companion action

recommend

the

denial of the

use

for specification of an additional12 acres (proposed permit 77B-0376) at the same site covered byCorps of Engineers permit No. 75B-0869. These recommendations are

based on my determination that

the

use of this site for disposaloE

EilL

material poses the

risk

of unacceptable adverse impacts,

to fishery areas, wildlife and recreation areas of Biscayne Bay,adjacent wetlands, and lakes within the site.

hereby make

the

following findings:

On March 15, 1976, the Jacksonville District of

the

Corps of Engineers issued Permit No. 75B-0869 to

the

City of NorthMiami, Florida, to place fill material in a 291-acre area oflow-lying land, 103 acres of which were wetlands containing watersof

the

United States, in order to construct a public recreationalfacility for the City of North Miami.

he'

project

located

west

of Biscayne Bay, east of

U.S.

and north of 135th Street inSections 21 and 22: Township

South, Range 42 East; Dade County,Florida. Approximately 1,540,000 cubic yards of fill materialwere to be used to achieve sufficient elevations for the land-scaping oE golf courses and to prevent damage caused by floodtides. The minimum elevation within the area of th2 golf courseswas to be +4.0 feet Mean Sea Level (MSL).2. Several million cubic yards of solid waste, of whichapproximately 50 percent was household garbage, have been placedat

this

site

since issuance of Permit 75B-0869 on March 15, 1976.Waste has been placed to a neight of approximately 40 feet MSL.

~esourcdsManagement

(DERH)

inspected the northwest lake onSeveralfeet

MSL.

referenzedAgency,15, 1980, and observed five leachate streams entering theERM personnel returned

the

site

on January* 17, 1980,water quality samples. The leachate entering the

lakes have been excavated at

the

site

to a depth of -35Neither tne Corps public notice nor the Corps permituse of solid waste (garbage) as fill material.4.

the request of

the

Environmental Protectionpersonnel from

the

Dade County Department of Environmentalnorthwesit lake had an ammonia concentration in excess of 500 pprn,which

evidence of gross contamination.

Data collected on February 22, 1980, by Post,ater

with

ammonia concentrations ranging from 5-20 ppm.tly

these

lakes have been sampled by both

DEIU.1

and EPABuckley,employedindependently verified

the

high levels of ammonia inSchuh and Jernigan, Inc., a consulting engineering firmby

the

applicant, show that three lakes on

the

site

hadorganisms

credited to the un-ionized form;

considerable evidence that

NH4

contributesto the detrimental effects of ammonia on aquaticsome environments. Concentrations of

20 ppmas found in the lakes, result in concentrations ofthat exceed the EPA's

wster

quality criteria.In one experiment cited in EPA's Quality Criteria for

public2, 1980,Joan

Service,of ammoniaAmmoniaconcentrationsforms,hearing on my proposed determination was held on Octoberpursuant to Section 404(c) of the Clean Water

Act.

Dr.

Browder, a representative of

the

National Marine Fisheriesprovided testimony at that hearing regarding the toxicityto freshwater and salt-water fishes and invertebrates.

acutely toxic to various aquatic species at lowand

found in

the

aquatic environment in two

ionized

(NH4)

and un-ionized

(NH3).

Toxicity ofWater,otaL ammonia concentrations of 8 PPM produced 50% mortality

the

dest animals within

hours.

have therefore concludedthat

the)

leachate entering

the

lakes

having an unacceptablethirty-o

man-nade organic compounds in ona leachate sample. Of

adversethis number, 20 compounds were identified and can be traced toenvironmental impact.

Environmental Protection Agency scientist foundvarious families of chemicals often associated

with

household

astes

ch as solvents, plasticizers, and lubricating fluids.Some othjr compounds can

linked to pharmaceutical wastes. Theeleven rebaining organic compounds could not

identified.

(

Although most of

the

organic materials could belinksd to household wastes, five of the organic compoundsidentifie4 were priority pollutants

which

are known or suspectedtoxic effects on man and other animals. These compoundS.at low concentrations; however, given the discontinuousnature of

the

distribution of chemicals in solidsuch contamination could pose a seriousthreat for1 anyone coming into contact

with

the contaminated watercollected by

DEIW

on several occasions show that

ers

of the mangrove preserve

just

east of the solidsal site have ammonia levels much higher than samplesor in surface waters of a mangrovecompletely off the site. Independent samplingscientists have further confirmed thatconcentratibns of total ammonia as high as

PPM

are present in

the

rnangrov preserve east of the solid waste disposal facility.

Tnis indicates that shallow groundwater east of

the

site

alsocontaminate

and

a continuing source of ammonia.surface watLow oxygen concentrations (as commonly found in

rrs

of mangrove swamps such as those east of

thi?

solidwaste dispo

facility) can greatly decrease the resistance ofaquatic spe ies to ammonia toxicity.These waters are contiguousto and are

functional part of Biscayne Bay.

have thereforeconcluded tQat the high concentrations of ammonia entering the

of 00

Environmental Protection Agency: NorthMiamiRD

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