State Sued over Septic Tank Leaching into Indian River Lagoon

Tim Chastain, who told Scripps Treasure Coast Newspapers he had to detour his kayak eco-tours of the Indian River Lagoon to avoid bloated manatee carcasses and dead pelicans, has filed a lawsuit in federal court against state permitting of hundreds of thousands of private septic systems.

The septic systems are blamed for leaching nitrogen that contributes to algae growth in the lagoon.

A growing body of evidence on the degradation of the Indian River Lagoon and St. Lucie Estuary in particular points to leaching septic tanks as a "major" contributing factor, Sunshine State News reported in September 2013. How major is still a matter of conjecture. Harbor Branch scientist Brian LaPointe, who has studied the river for more than 30 years, thinks it's considerable. One septic tank on 4 acres -- thats enough to create a nutrient problem, he says.

Chastain explained that septic systems were left out of the conversation last year when calls to action were being answered to reduce stormwater runoff, fertilizer use and discharges from Lake Okeechobee. Chastain and his attorneys say the septic tank problem can be solved with affordable steps, and not all homes in the five-county Indian River watershed have to be hooked up to an expensive central system.

We urge DOH to address this crisis with an open mind, attorneys Lesley Blackner of Palm Beach and Christopher T. Byrd of Orlando wrote in the notice to Florida Surgeon General John H. Armstrong and federal officials. There are alternative methods for disposing of human waste that are cost-effective, create economic opportunities [and] embrace real sustainability.

See a copy of the lawsuit here.

Chastain is an environmental activist who founded a local Surfrider Foundation chapter. He now owns Fin Expeditions and his Cocoa Beach home is connected to a $20 million sewage treatment system, the newspaper reported.