The Florida Department of Environmental Protection has entered into a formal consent order with Trulieve requiring the company to address wastewater discharges at its Capps Highway marijuana cultivation facility in Jefferson County and either pay $80,000 or undertake a larger environmental improvement project.
The Oct. 2 order follows months of complaints from nearby residents about runoff from the facility at 1948 Capps Highway in Monticello. DEP identified wastewater associated with Trulieve’s operations as including reverse-osmosis reject water and condensate from dehumidifiers and heating, ventilation and air-conditioning equipment. The wastewater is routed to an irrigation sediment basin and sprayed on designated areas of the property.
DEP found that Trulieve “sprayed the Wastewater onto its outdoor lawn,” with some moving outside the facility perimeter without a DEP permit. The agency determined the activity violated state environmental statutes and regulations.
The finding was welcomed by residents who have pushed state regulators to investigate the facility.
“This is a huge victory for our community,” Cindy Pyburn of Concerned Residents of Jefferson County wrote in an Oct. 3 letter to residents.
“For months, residents were told that what we were seeing leave the Trulieve property was rainwater and that the runoff issues had been addressed,” Pyburn wrote. “Now, DEP’s consent order puts its findings and the steps Trulieve must take in writing.”
Under the order, Trulieve has 30 days to submit an interim irrigation plan designed to prevent wastewater from leaving the property and reaching neighboring properties. DEP says the plan could include reduced application rates, alternating application zones and reduced irrigation times.
Trulieve also must apply within 120 days for a wastewater permit covering the discharges identified by DEP. The company and agency expect the permitting process to reach a final decision within 12 months.
The order requires Trulieve to pay $80,000 within 90 days. However, the company can instead propose a DEP-approved environmental enhancement, restoration or facility-improvement project worth at least $120,000.
Trulieve told WCTV that it worked with DEP to reach an agreement allowing environmental site improvements in place of the payment and said it takes environmental compliance seriously. WCTV reported that the company plans to pursue the $120,000 improvement option.
The consent order does not find that Trulieve contaminated neighboring drinking water or waterways with unsafe levels of pollutants. That is separate from DEP’s finding that wastewater left the property without the required permit. Earlier testing also found no contamination linked to the facility, according to State Rep. Allison Tant. WTXL reported in July that months of water testing found no contamination associated with the Trulieve operation.
The order nevertheless establishes increased state oversight. Trulieve must allow authorized DEP representatives access to the facility and property at reasonable times to determine compliance. Violating the consent order could subject the company to civil penalties of up to $15,000 per day for each violation.
Trulieve neither admits nor agrees that DEP’s findings constitute violations of statutory or common law, but agreed to be bound by the consent order and its enforcement provisions.
Pyburn said residents view the order as progress rather than the end of the dispute.
“There is still work ahead to make sure the requirements are carried out, and the wastewater and runoff problems are corrected on the ground,” she wrote. “Concerned Residents of Jefferson County will be following these matters and keeping our neighbors informed.”
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