Things to Know and FAQs
DOCKET No. D20240032 Environmental Utilities, LLC
How did this happen?
In 2017, Charlotte County (CC) commissioned a study to comply with state priorities in converting septic systems to central sewer. The resulting "Sewer Master Plan" identified areas of need in the County based on 3 criteria: 1. proximity to water 2. age of septic systems and 3. nitrate content in the water. Our area was evaluated on general summary data without any water quality testing in proximity to the Islands, and consequently was given a high priority score for conversion.
Rather than taking on the expense and responsibility of sewering the Islands, CC granted a Bulk Wastewater Treatment Agreement to Environmental Utilities, LLC (EU) which would allow EU to connect to Charlotte County Utilities for wastewater treatment. But first, EU had to apply for and receive a wastewater certificate from the state regulatory body, the Florida Public Service Commission (PSC).
In October of 2020 EU applied to the PSC for a certificate to install central sewer in a service area inclusive of Cape Haze, Knight Island, Don Pedro Island and Little Gasparilla Island. Cape Haze was subsequently removed from the service area.
PIE hired an attorney and spent nearly two years preparing for and participating in the legal action to stop the certification. In the Spring of 2022, the Florida PSC ruled against certifying the application and closed the docket.
In February of 2024, EU submitted a new application in a second attempt to receive a certificate of service for central sewer on the Islands.
In 2017, Charlotte County (CC) commissioned a study to comply with state priorities in converting septic systems to central sewer. The resulting "Sewer Master Plan" identified areas of need in the County based on 3 criteria: 1. proximity to water 2. age of septic systems and 3. nitrate content in the water. Our area was evaluated on general summary data without any water quality testing in proximity to the Islands, and consequently was given a high priority score for conversion.
Rather than taking on the expense and responsibility of sewering the Islands, CC granted a Bulk Wastewater Treatment Agreement to Environmental Utilities, LLC (EU) which would allow EU to connect to Charlotte County Utilities for wastewater treatment. But first, EU had to apply for and receive a wastewater certificate from the state regulatory body, the Florida Public Service Commission (PSC).
In October of 2020 EU applied to the PSC for a certificate to install central sewer in a service area inclusive of Cape Haze, Knight Island, Don Pedro Island and Little Gasparilla Island. Cape Haze was subsequently removed from the service area.
PIE hired an attorney and spent nearly two years preparing for and participating in the legal action to stop the certification. In the Spring of 2022, the Florida PSC ruled against certifying the application and closed the docket.
In February of 2024, EU submitted a new application in a second attempt to receive a certificate of service for central sewer on the Islands.
Is there new data that suggest an environmental need for sewer? For instance, during hurricane Idalia, there was considerable flooding. Were septic systems affected to the point that led to high levels of nutrients in the water? Was there water testing on or near the island that showed such contamination?
We have no knowledge at this time of any new testing information or any additional data related to an environmental need for sewer.
We have no knowledge at this time of any new testing information or any additional data related to an environmental need for sewer.
If “we emerged victorious after nearly 2 years of fighting for our rights”, why are they being permitted to do this again?
We have been asking the same question since the application was posted. It is our understanding that there is nothing barring EU from making this application multiple times. According to our attorney, EU has the legal right to apply again, so long as it is past the proscribed wait time.
We have been asking the same question since the application was posted. It is our understanding that there is nothing barring EU from making this application multiple times. According to our attorney, EU has the legal right to apply again, so long as it is past the proscribed wait time.
I want to send a letter of objection to this application. Is it the County Commissioners that make the application decision?
No, it is not the Board of County Commissioners who make the determination. It is the state regulatory body called the Florida Public Service Commission (PSC). They have five state commissioners who make the final ruling. Three of these five state commissioners will attend the Administrative Hearing. For detailed instructions for writing to the Florida PSC, go to CENTRAL SEWER: Get Involved.
No, it is not the Board of County Commissioners who make the determination. It is the state regulatory body called the Florida Public Service Commission (PSC). They have five state commissioners who make the final ruling. Three of these five state commissioners will attend the Administrative Hearing. For detailed instructions for writing to the Florida PSC, go to CENTRAL SEWER: Get Involved.
Should we send one letter per household, or should each person write individually?
The PSC appears to classify the number of consumers versus addresses. So, if someone sent a letter for a single property, but for a husband and wife, the PSC appears to see that as two consumers. If you write one letter per property include the names of all members in the household. Likewise, if you and your spouse (or other household members) own multiple properties, indicate that as well.
The PSC appears to classify the number of consumers versus addresses. So, if someone sent a letter for a single property, but for a husband and wife, the PSC appears to see that as two consumers. If you write one letter per property include the names of all members in the household. Likewise, if you and your spouse (or other household members) own multiple properties, indicate that as well.
Do you think one letter signed by as many homeowners as possible is more or less powerful than each writing individually? the problem with individually is likely many won't do it, whereas they are more likely to sign one letter.
At our last Board meeting, the consensus was that individual letters are the best option. We made a tremendous impact on the Commissioners at the PSC with the volume of opposition to this project. Ultimately there were over 100 correspondence documents listed at the docket. The Commissioners commented on the fact that each letter was written in the voice of the individual, and did not smack of a coordinated, form-letter write-in campaign.
If you absolutely can't get people to send their own letters, of course multiple signatures on one letter is the best option. As stated above, the PSC examines the number of consumers represented, not the number of letters. Make sure each prospective ratepayer includes their name, property location in the service area (including which Island) and email.
At our last Board meeting, the consensus was that individual letters are the best option. We made a tremendous impact on the Commissioners at the PSC with the volume of opposition to this project. Ultimately there were over 100 correspondence documents listed at the docket. The Commissioners commented on the fact that each letter was written in the voice of the individual, and did not smack of a coordinated, form-letter write-in campaign.
If you absolutely can't get people to send their own letters, of course multiple signatures on one letter is the best option. As stated above, the PSC examines the number of consumers represented, not the number of letters. Make sure each prospective ratepayer includes their name, property location in the service area (including which Island) and email.
Do our objection letters need to be copied to EU’s attorney?
You do not need to copy Martin Friedman (EU's attorney) with your letter of objection. The only time EU needs to be copied in is when you are making a formal objection and requesting "party of record" status.
You do not need to copy Martin Friedman (EU's attorney) with your letter of objection. The only time EU needs to be copied in is when you are making a formal objection and requesting "party of record" status.
How many state Commissioners are still in place from before? Are any of them new?
All five state commissioners from the last action are still on the Commission now,
All five state commissioners from the last action are still on the Commission now,
What type of central sewer system does EU plan to install?
According to the application data, the proposed system is a low-pressure "step" sewer system. The step system consists of an in-ground tank similar to a septic tank with a pump to siphon off liquids instead of a drain field. Below is a brochure from Charlotte County Utilities with a description of the low-pressure step system. Please review the second page where you will find the homeowners' maintenance responsibilities for the system. Note the passage about the alarm and power outages, and substitute "EU" for "CCU".
According to the application data, the proposed system is a low-pressure "step" sewer system. The step system consists of an in-ground tank similar to a septic tank with a pump to siphon off liquids instead of a drain field. Below is a brochure from Charlotte County Utilities with a description of the low-pressure step system. Please review the second page where you will find the homeowners' maintenance responsibilities for the system. Note the passage about the alarm and power outages, and substitute "EU" for "CCU".
What will the connection fees be?
According to the application, the initial connection fee will be $12, 000. There is an additional $1,097 "Sewer Lateral Connection" fee to run the pipe from the road to the location of the equipment near your home. There is also an initial deposit required of $414, which is identified as 2x the estimated monthly bill. Note that costs could exceed the estimates by large measure and homeowners will likely be saddled with additional burdens, some of which should be included with the connection. (see "additional costs" below)
According to the application, the initial connection fee will be $12, 000. There is an additional $1,097 "Sewer Lateral Connection" fee to run the pipe from the road to the location of the equipment near your home. There is also an initial deposit required of $414, which is identified as 2x the estimated monthly bill. Note that costs could exceed the estimates by large measure and homeowners will likely be saddled with additional burdens, some of which should be included with the connection. (see "additional costs" below)
What will the average monthly charges be?
The rates and tariffs submitted to the PSC shows a base rate of $115.81 per month just to provide wastewater service. In addition, the monthly residential service charge is $39.64 per 1000 gallons. EU estimates average household usage at 2,500 gallons/month. Based on this, the monthly billing would be $207.00/month. However, when the PSC prepared a Rate Case summary that was distributed at the 2022 Administrative Hearing, they cited a more realistic average household usage estimate of 4,000 gals/month. Using this average the monthly billing would be $263.57/month for wastewater service alone. This is exclusive of your water bill.
The rates and tariffs submitted to the PSC shows a base rate of $115.81 per month just to provide wastewater service. In addition, the monthly residential service charge is $39.64 per 1000 gallons. EU estimates average household usage at 2,500 gallons/month. Based on this, the monthly billing would be $207.00/month. However, when the PSC prepared a Rate Case summary that was distributed at the 2022 Administrative Hearing, they cited a more realistic average household usage estimate of 4,000 gals/month. Using this average the monthly billing would be $263.57/month for wastewater service alone. This is exclusive of your water bill.
Are there are additional costs associated with low-pressure systems that will not be included in EU’s proposed hook-up fee?
Yes, we anticipate additional expenses to the property owner that are not included in the connection fee.
Yes, we anticipate additional expenses to the property owner that are not included in the connection fee.
- Electric: the system pump requires a separate electric panel, installed by a licensed electrician at the expense of the property owner.
- More electric: If the owner has maxed out their main electric grid with pool equipment or other large-draw items, the panel will need an expensive upgrade.
- Generator: In the event of a power outage the system will be unable to function. Homeowners will need a generator to keep the system running to avoid sewage back-up.
- Tree removal: Landscaping and hardscaping around the septic area will need to be cleared at the expense of the homeowner to gain access to crush & fill the existing septic tank and install the new one.
If EU gets approved, will Charlotte County oversee this project?
No. Because EU, LLC is a private utility and not a subcontractor, Charlotte County will not oversee the project in its entirety. It will not make sure things are being done correctly by EU and it will not step in if EU becomes insolvent, can’t manage the project or folds its business.
No. Because EU, LLC is a private utility and not a subcontractor, Charlotte County will not oversee the project in its entirety. It will not make sure things are being done correctly by EU and it will not step in if EU becomes insolvent, can’t manage the project or folds its business.
Will there be any oversight for this project if EU is granted its permit?
There is no single entity that has oversight over the entire project for installation and maintenance. Each agency involved only participates in their portion of the project, i.e. the PSC, DEP, Army Corp, Florida Health Department, Charlotte County Building Dept., etc. There are many moving parts and no single point of responsibility. Once the certificate is granted, we would be essentially helpless to change the direction of the project.
There is no single entity that has oversight over the entire project for installation and maintenance. Each agency involved only participates in their portion of the project, i.e. the PSC, DEP, Army Corp, Florida Health Department, Charlotte County Building Dept., etc. There are many moving parts and no single point of responsibility. Once the certificate is granted, we would be essentially helpless to change the direction of the project.
Will there be grants available to offset the costs?
It is unlikely that EU as a private utility would qualify for grants the way Charlotte County would as a governmental agency on the mainland.
It is unlikely that EU as a private utility would qualify for grants the way Charlotte County would as a governmental agency on the mainland.
Will there be a pay-over-time plan available?
There has been no pay-over-time option offered by EU, LLC to date. In fact, EU has indicated that the stakeholders would have to pay the balance outright or get personal loans.
There has been no pay-over-time option offered by EU, LLC to date. In fact, EU has indicated that the stakeholders would have to pay the balance outright or get personal loans.
Will Islanders be able to get low-cost loans to hook up to sewer?
Right now, there are no plans and no guarantees that this type of funding would be available.
Right now, there are no plans and no guarantees that this type of funding would be available.
What other concerns has PIE raised about this application?
- Environmental concerns: No water quality testing has been done in our area to prove a need for sewer. This project brings the potential for destruction of habitat and interference with endangered species such as the gopher tortoise.
- Potential of sewer spill in the Intracoastal: The risk of a central sewer leak with a subaqueous crossing is greater than the risk of one or more septic systems developing leaks.
- Mandatory Hook-up: Charlotte County regulations require all homes to connect to central water and wastewater within 1 year of availability.
- New easement giveaway: Most utility easements are placed in the road right-of-way. EU is mandating a new utility easement that will encumber your property. It will go from the sewer equipment, located near the house to the connection in the road and will be mandated through the connection agreement without compensation to the homeowner.
- No grandfathering of septic systems: regardless of age or condition.
- Disruption of traffic: Vehicles have only one point of entry/egress -- the car ferry. With normal traffic, service and construction trucks, delays at the ferry line in season can be an hour or more. This project could result in years of traffic issues.
- System maintenance and emergencies: The applicant has not addressed how the system will be serviced in the event of failure during a storm or other adverse conditions.
- Lifespan of the equipment: Salt air takes a heavy toll on mechanical and electrical equipment here. Equipment will need replacing when it fails, possibly at 5-year intervals. This proposal places too much responsibility on the homeowner at too great a cost.
- Access to homes: Some properties have physical constraints that will complicate how the applicant gains access to the property without leaving the boundaries or damaging the grounds.
How do we stop this from happening?
In January of 2020 at the Annual Membership Meeting, the PIE membership voted to hire an attorney and stop the private utility from getting its certification. The PIE Board took action subsequent to the meeting to request an Administrative Hearing to challenge the application. PIE secured the denial of the application at that time through the efforts of the PIE Action Committee and the support of the Island community. We intend to do it again.
In January of 2020 at the Annual Membership Meeting, the PIE membership voted to hire an attorney and stop the private utility from getting its certification. The PIE Board took action subsequent to the meeting to request an Administrative Hearing to challenge the application. PIE secured the denial of the application at that time through the efforts of the PIE Action Committee and the support of the Island community. We intend to do it again.
Is this the only opportunity to stop EU?
Essentially, yes. It is now or never on this application. Once the certificate is granted, it will be practically impossible to stop. Now is the time to make sure they do not get this certificate. The only way to do that is to keep pushing and fight them at the PSC.
Essentially, yes. It is now or never on this application. Once the certificate is granted, it will be practically impossible to stop. Now is the time to make sure they do not get this certificate. The only way to do that is to keep pushing and fight them at the PSC.
What is the Administrative Hearing?
Once a formal objection has been filed, the Florida Public Service Commission must hold a public hearing. The hearing is a legal procedure that is quasi-judicial and is conducted similarly to a trial. This is in two parts: the Technical hearing where each side presents its case. This is followed by the Service hearing where Islanders can speak directly to the Commissioners, which is included in the hearing transcripts as testimony.
Once a formal objection has been filed, the Florida Public Service Commission must hold a public hearing. The hearing is a legal procedure that is quasi-judicial and is conducted similarly to a trial. This is in two parts: the Technical hearing where each side presents its case. This is followed by the Service hearing where Islanders can speak directly to the Commissioners, which is included in the hearing transcripts as testimony.
What happens after the Administrative Hearing?
All of the parties of record will be submitting "Post-Hearing Briefs", which are summaries of their positions and arguments. The PSC staff then submits their recommendations to the Commission and after that, the Commissioners make a ruling on the application.
All of the parties of record will be submitting "Post-Hearing Briefs", which are summaries of their positions and arguments. The PSC staff then submits their recommendations to the Commission and after that, the Commissioners make a ruling on the application.
Other Resources
More information is available at the PSC website Docket # D20240032:
Docket Calendar - Florida Public Service Commission (floridapsc.com)
Florida PSC FAQs
2017 Charlotte County Sewer Master Plan
More information is available at the PSC website Docket # D20240032:
Docket Calendar - Florida Public Service Commission (floridapsc.com)
Florida PSC FAQs
2017 Charlotte County Sewer Master Plan