U.S. Complaint: Exhibit B

Pleadings and Exhibits from United States v. SFWMD, et al.,
Case No. 88-1886-CIV-HOEVELER

MEMORANDUM OF AGREEMENT

Among The Army Corps of Engineers, The South Florida Water Management District and The National Park Service

For the Purpose of Protecting the Quality of Water Entering EVERGLADES NATIONAL PARK

Exhibit B to
U.S. Complaint

Exhibit 2 to
U.S. Motion for Partial S/J

   MEMORANDUM OF AGREEMENT

   Signature Page
   Appendix A
   Rationale for Upper Limits
   Pesticides/Herbicides

   Corps' Water Quality Monitoring
   Map 1
   Corps' Freq of Monitoring

   WMD's Water Quality Monitoring
   Map 2
   WMD's Freq of Monitoring

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

UNITED STATES OF AMERICA, et al.,

Plaintiff,

vs .

SOUTH FLORIDA WATER MANAGEMENT
DISTRICT; JOHN R. WODRASKA,
Executive Director, South Florida
Water Management District;
FLORIDA DEPARTMENT OF ENVIRONENTAL
REGULATION; and DALE TWACHTMANN,
Secretary, Florida Department Of
Environmental Regulation,

Defendants.

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Case No
88-1886-CIV-WMH

FILED by SEC D.C.
OCT 11, 1988
Docket #: 1

MEMORANDUM OF AGREEMENT

AMONG

THE ARMY CORPS OF ENGINEERS

THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT

AND

THE NATIONAL PARK SERVICE

FOR THE PURPOSE OF PROTECTING

THE QUALITY OF WATER ENTERING

EVERGLADES NATIONAL PARK

Since the Congress, in connection with the Everglades National Park, has
directed the Corps and the National Park Service "to reach an early
agreement on measures to assure that the water delivered to the park is of
sufficient purity to prevent ecological damage or deterioration of the
park's environment." (River Basin Monetory Authorizations and Miscellaneous
Civil Works Amendments, Senate Report No. 91-895, p.24); and

The quality of existing water deliveries to the park does not depart
significantly from that of waters which have not been altered by the works
of man; and

The Corps, the National Park Service (NPS), and the Water Management
District (WMD) are concerned that surface waters delivered to the park are
not degraded;

THEREFORE, the Corps, NPS, and WMD (parties) mutually agree to the
following:

1. Water Quality criteria for 27 parameters as enumerated in appendix A
shall apply only to surface waters delivered to the park. Federal, State,
and local water quality criteria which are more stringent than those
appended criteria shall continue to apply.

2. The concentrations of pesticides/herbicides in surface water deliv-
ered to the Park are to be 0.0 Actual concentrations are to be below the
limits of detection. A listing of pesticides/herbicides is shown in
Appendix B.

3. The Corps shall collect and analyze for specified parameters (see
appendix A) and pesticide/herbicide residues (see appendix B) in surface
water from delivery water locations (see appendix C), sediment from the
inflow stations will also be tested for trace metals and pesticide/
herbicides. Sampling frequencies are described in appendix C.

4. The WMD shall collect and analyze for specified parameters (see
appendix A) and pesticide/herbicide residues (see appendix B) in surface
water from watershed locations (see appendix D). Sampling frequencies are
described in appendic D.

5. The WMD shall also conduct diurnal studies for dissolved oxygen,
specific conductance, pH, and water temperature at the inflow stations as
described in appendix C.

6. All sample collection data analyses shall be reported monthly to
NPS, Corps, and WMD.

7. The Corps, NPS, and WMD shall meet at such times as may be necessary
at the request of any party, but not less frequently than once a year to
review results of this agreement.

8. Should water quality criteria not be met and a clear and present
danger to water quality has been determined to exist by the parties,
appropriate actions or such legal process as may be necessary to restore or
protect the quality of water entering the Park shall be taken by the Corps,
NPS, and WMD.

9. This agreement may be revised upon mutual consent of all parties.
A 90-day review period will be allowed for review of proposed changes to
this agreement.

10. The Corps, NPS, and WMD recognize that the data base for the
appended standards needs periodic review. Therefore, the standards will be
reviewed for adequacy and necessary revisions in 1984 and periodically
thereafter.

IN WITNESS THEREOF, THE PARTIES HERETO HAVE SIGNED THIS AGREEMENT ON THE DATES INDICATED.

SOUTH FLORIDA WATER MANAGEMENT
DISTRICT, BY ITS GOVERNING BOARD

(CORPORATE SEAL)

ATTEST:

BY__________________________
CHAIRMAN

______________________
SECRETARY

DATE_______________________

__________________________________

__________________________________
AS TO WMD

	THE UNITED STATES OF AMERICA CORPS OF ENGINEERS
EXECUTED IN THE PRESENCE OF: _________________________________ _________________________________ AS TO COPRS OF ENGINEERS	BY ________________________________ COLONEL, CORPS OF ENGINEERS _________________________________ DISTRICT ENGINEER JACKSONVILLE DISTRICT DATE Nov 21, 1983
EXECUTED IN THE PRESENCE OF: ______________________________ ______________________________ AS TO NATIONAL PARK SERVICE	THE NATIONAL PARK SERVICE BY___________________________ SUPERINTENDENT EVERGLADES NATIONAL PARK DATE FEB 8 1984
1 Appendix A
Parameter	Upper Limit*
A. Field Parameter
1. Dissolved Oxygen (mg/l)	4.5
2. Spec Conductance (umho/cm² @ 25^oC)	647
3. pH (units)	7.6-8.0
4. Temperature (^oC)	not applicable
B. Physical Parameters
1. Color (PCU)	124
2. Turbidity (NTU)	11
C. Nutrients
1. Ortho Phosphorus (mg/l as P)	0.02
2. Total Phosphorus (mg/l as P)	0.24
3. NO₂ (mg/l as N)	0.04
4. NO₃ (mg/l as N)	0.7
5. NH₄ (mg/l as N)	0.24
6. Organic N (mg/l as N)	2.1
D. Major Ions
1. Calcium (mg/l)	86
2. Magnesium (mg/l)	25
3. Sodium (mg/l)	93
4. Chloride (mg/l)	143
5. Iron (ug/l)	270
6. Alkalinity (mg/l as CaCO₃)	269
2 Appendix A (Continued)
Parameter	Upper Limit*
E. Trace Metals
1. Mercury (ug/l)	0.5
2. Cadmium (ug/l)	10
3. Copper (ug/l)	8
4. Lead (ug/l)	13
5. Zinc (ug/l)	72
6. Arsenic (ug/l)	20
F. Biological Parameters
1. BOD (mg/l)	3
2. Fecal Coliforms	To be determined
3. Total Coliforms	To be determined
RATIONALE FOR UPPER LIMITS Water quality data from inflow stations to the Park (S-12C and L-67A) for 1970-1978 were analyzed. From this data, upper limits for each parameter were computedbased on control chart theory wich uses the mean, standard deviation, annual sampling frequency and control line factor.** These upper limits are to be used as criteria against which future water quality data could be compared. * Annual mean not to exceed this value. For dissolved oxygen, annual mean not to be less than this value. Bowker, A.H., G.J. Liberman 1972. Engineering Statistics, 2d ed., Prentice-Hall, Inc., Englewood, New Jersey. 1 PESTICIDES/HERBICIDES -Aldrin -Lindane -Chlordane -DDD -DDE -DDT -Dieldri -Endrin -Ethion -Toxaphene -Heptachlor -Heptachor E -PCB -Malathion -Parathion -Diazion -Methyl -Parathion -2,4,5-T -Silvex -Trithion -Methyl -Trithion 1 CORPS' WATER QUALITY MONITORING PROGRRAM Monitoring Locations 1. L-67 at S-12D 2. S-332 3. S-18C 4. Tamiami trail between 40 Mile Bend and jetport 2 Map 1 3 FREQUENCY OF MONITORING**
Field Parameters	Monthly
Physical Parameters	Monthly
Nutrients	Monthly
Major Ions	Monthly
Trace Metals	Monthly-water semiannually sediments
Biological Parameters	Quaterly
Pesticides/Herbicides	Quaterly-water semiannually sediments
1 WMD'S WATER QUALITY MONITORING PROGRAM Monitoring Locations 1. S-178 2. S-177 3. S-176 4. L-28 gap 5. L-3 at Deer Fence Canal 6. S-140 7. S-8 8. S-7 9. S-11A, S-11B, and S-11C 10. S-9 2 Map 2 3 FREQUENCY OF MONITORING
Field Parameters	Biweekly-bimonthly depending on flow
Physical Parameters	Biweekly-bimonthly depending on flow
Nutrients	Biweekly-bimonthly depending on flow
Major Ions	Biweekly-bimonthly depending on flow
Trace Metals	As needed based upon results of inflow monitoring (minimum semiannual survey)
Biological Parameters	As needed based upon results of inflow monitoring
Pesticides/Herbicides	As needed based upon results of inflow monitoring (minimum semiannual survey)

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