Sun-Sentinel, Tuesday, May 6, 1997
Everglades group: Make polluters pay for cleanup

By LINDA KLEINDIENST

Tallahassee Bureau Chief

TALLAHASSEE- Florida voters want those who pollute the Everglades- not taxpayers- to pay to clean it up, the Florida Supreme Court was told on Monday.

The environmentalist group Save Our Everglades led the drive to get a penny-per-pound sugar tax on last November's general election ballot. The money would have paid to clean up the River of Grass, but voters overwhelmingly rejected it.

But- by a 68 percent margin- voters did approve Amendment 5, also put on the ballot by Save Our Everglades. Known as the "Polluter Pay" amendment, it states: "Those in the Everglades Agricultural Area who cause water pollution within the Everglades Protection Area who cause water pollution within the Everglades Protection Area or the Everglades Agricultural Area shall be primarily responsible for paying the costs of the abatement of that pollution."

Attorneys for Save Our Everglades told the high court on Monday that the voter message was clear- the polluters, not the taxpayers, should pay. Taxpayers are now picking up about one-third of the cost.

Proponents of Amendment 5 contend the evidence shows agriculture to be primarily at fault.

But Bill Green, representing the Sugar Cane Growers Cooperative, argued that "no one has found that anyone has caused pollution." After Monday's hearing, Green also warned that a ruling in favor of Save Our Everglades could result in the "mother of all restoration lawsuits" and actually lead to a delay in the cleanup efforts.

Two months ago, Gov. Lawton Chiles asked the justices to decided whether Amendment 5 is "self-executing"- in other words, can state agencies enforce it without legislative action.

Chiles also asked the court to determine what the term "primarily responsible" means. There was no indication Monday when the court will rule.

The South FloridaWater Management District has already started a cleanup authorized by the Legislature in 1994 with passage of the Everglades Forever Act. The first phase is estimated to cost about $760 million.

Farmers, including sugar growers, are kicking in about $233 million. Property-tax payers who live in the water management district, which encompasses a 16-county area including all of Palm Beach, Broward, and Dade counties, will pay $256 million. The rest will be paid through various state and federal sources.

The owner of a home with a taxable value of $100,000 pays about $10 a year toward the cleanup bill.

Justices voiced concerns over how anyone can determine who is responsible for degrading the Everglades. "We have Big Sugar, the ranches, golf courses, and someone watering his lawn. All are polluters to some degree, said Justice Leander Shaw, "How are you going to allocate who pays?"

But Jon Mills, an attorney for Save Our Everglades, said scientists can identify the polluters.

After the hearing, Mary Barley, head of Save Our Everglades, said of sugar interests: "If they're not polluting, why are they worried?"

George Barley, millionaire Orlando developer, formed Save Our Everglades to get the cleanup issue before voters in 1994. But the proposed amendment didn't make it onto the ballot because the Supreme Court ruled it covered too many topics.