Common use of Compliance with Consent Decree Clause in Contracts

Compliance with Consent Decree. Inflow TP concentrations to the ENP through Taylor Slough and the Coastal Basins are compared to the 11 ppb limit at the end of each water year using data from both the old (S175, S332, S18C) and new (S174, S332D, S18C) combinations of structures (Figure 10). The bars in Figure 10 represent the 12-month flow-weighted mean TP concentrations from S332, S175 and S18C for water years 1989 through 2002. The diamond point values for water years 1999 through 2007 represent the new combination of structures. TP and flow data from both sets of structures presented in prior editions of this report through December 2001 (April 2002 report) showed that, beginning in October 2000, the 12-month moving total flow for S332D, S174 and S18C was consistently greater than flow at S332, S175 and S18C. There was also a shift in flow-weighted mean TP concentration data whereby S332D, S174 and S18C concentrations became equal to and then consistently lower than the concentrations at S332, S175 and S18C. These changes reflected the switch made from S332 to S332D for water delivery to Taylor Slough between July 3 and July 5, 2000. Consequently, as of the July 2002 report, only S332D, S174 and S18C data are presented for monthly tracking of data in Figure 10. However, there had been almost no flow at S174 since March 2006. The site was plugged in September 2007, preventing any flow through S174. Figure 11 presents the 12-month and individual sampling event flow- weighted mean TP concentrations at the S332D and S18C structures. All TP grab sample concentrations taken on positive flow days reported for surface water monitoring at the 3 sites were used for the compliance calculations. For the 12-month periods ending in January, February, and March 2008, the 12-month flow-weighted mean TP concentration was 4.6 ppb for the combined flow through S332D and S18C (Table 3). The Consent Decree stipulates that the percent of flow-weighted mean TP concentrations greater than 10 ppb from each sampling event in any 12-month period must not exceed a fixed guideline of 53.1 percent. The observed percentages of the sampling event flow-weighted mean TP concentrations greater than 10 ppb for the combined flow through S332D and S18C were 2.6 and 2.5 percent for the periods ending in January and February 2008, respectively. There was no sampling event flow-weighted mean TP concentration greater than 10 ppb from April 2007 to March 2008. The daily flows into the ENP through S332D, S174 and S18C are presented in Figure 12. There was almost no flow at S332D (9 acre-feet) and little flow at S18C (2,489 acre-feet). Figure 13 shows the relationship between the daily inflows and the corresponding flow-weighted mean TP concentrations for each sampling event. The sampling event flow-weighted mean concentrations remained very low, 3 to 10 ppb, since April 2007. S175, S332, S18C S174, S332D, S18C Long-term discharge limit (Effective 12/31/06) 25 25 Total Phosphorus (ppb) 20 20 10 10 5 5 0 0 1991 1992 1993 0000 0000 0000 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Water Year (October 1st - September 30th) Figure 10. The 12-month flow-weighted mean TP concentrations in inflows to Everglades National Park through Taylor Slough and the Coastal Basins at the end of each water year compared to the 11 ppb long-term TP limit. 12-month moving average (S174, S332D, S18C) Sampling event composite concentration (S174, S332D, S18C) 40 40 35 35 Total Phosphorus (ppb) 30 30 25 25 20 20 15 15 10 10 5 5 Mar-08 Feb-08 Jan-08 Dec-07 Nov-07 Oct-07 Sep-07 Aug-07 Jul-07 Jun-07 May-07 Apr-07 Mar-07 Feb-07 Jan-07 Dec-06 Nov-06 Oct-06 Sep-06 Aug-06 Jul-06 Jun-06 May-06 Apr-06

Compliance with Consent Decree. Inflow concentrations of TP concentrations to the ENP through Taylor Slough and the Coastal Basins are compared to the 11 ppb limit at the end of each water year using data from both the old (S175, S332, S18C) and new (S174, S332D, S18C) combinations of structures (Figure 10). The bars in Figure 10 represent the 12-month flow-weighted mean TP concentrations from S332, S175 and S18C for water years 1989 through 2002. The diamond point values for water years 1999 through 2007 2003 represent the new combination of structures. TP and flow data from both sets of structures presented in prior editions of this report through December 2001 (April 2002 report) showed that, beginning in October 2000, the 12-month moving total flow for S332D, S174 and S18C was consistently greater than flow at S332, S175 and S18C. There was also a shift in flow-weighted mean TP concentration data whereby S332D, S174 and S18C concentrations became equal to and then consistently lower than the concentrations at S332, S175 and S18C. These changes reflected the switch made from S332 to S332D for water delivery to Taylor Slough between July 3 and July 5, 2000. Consequently, as of the July 2002 report, only S332D, S174 and S18C data are presented for monthly tracking of data in Figure 10. However, there had been almost no flow at S174 since March 2006. The site was plugged in September 2007, preventing any flow through S174. Figure 11 presents the 12-month and individual sampling event flow- weighted mean TP concentrations at the S174, S332D and S18C structures. All TP grab sample concentrations taken on positive flow days reported for surface water monitoring at the 3 sites were used for the compliance calculations. For the 12-month periods ending in January, February, and March 2008, the The 12-month flow-weighted mean TP concentration was 4.6 ppb concentrations for July, August and September 2006 were 6.7, 5.6 and 5.7 ppb, respectively, for the combined flow through S174, S332D and S18C (Table 3). The Consent Decree stipulates that the percent of flow-weighted mean TP concentrations greater than 10 ppb from each sampling event in any 12-month period must not exceed a fixed guideline of 53.1 percent. The observed percentages of the sampling event flow-weighted mean TP concentrations greater than 10 ppb for the combined flow through S174, S332D and S18C were 2.6 4.7, 2.3 and 2.5 4.2 percent for the periods ending in January July, August and February 2008, respectively. There was no sampling event flow-weighted mean TP concentration greater than 10 ppb from April 2007 to March 2008September 2006. The daily flows into the ENP through S332D, S174 and S18C are presented in Figure 12. There was almost no flow at S332D (9 acre-feet) and little flow at S18C (2,489 acre-feet). Figure 13 shows the relationship between the daily inflows and the corresponding flow-weighted mean TP concentrations for each sampling event. The sampling event From 1984 to 1990, there was no observable relationship between daily mean flow and flow-weighted mean TP concentrations remained very lowat S332 and S18C structures. Some higher concentrations were observed during low flow periods during 2004 and 2005 at S332D, 3 S174 and S18C. However, flow-weighted mean TP concentrations for all sampling dates have been less than or equal to 10 9 ppb since September 2005 except for May 17, 2006, sampling at S332D (13 ppb) and September 5, since April 20072006, sampling at S18C (11 ppb). S175, S332, S18C S174, S332D, S18C Long-term discharge limit (Effective 12/31/06) 25 25 Total Phosphorus (ppb) ppb 20 20 10 15 10 5 5 0 0 1989 1990 1991 1992 1993 0000 0000 0000 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Water Year (October 1st - September 30th) Figure 10. The 12-month flow-weighted mean TP concentrations in inflows to Everglades National Park through Taylor Slough and the Coastal Basins at the end of each water year compared to the 11 ppb long-term TP limit. 12-month moving average (S174, S332D, S18C) Sampling event composite concentration (S174, S332D, S18C) 40 40 35 35 Total Phosphorus (ppb) 30 30 25 25 20 20 15 15 10 10 5 5 Mar-08 Feb-08 Jan-08 Dec-07 Nov-07 Oct-07 Sep-07 Aug-07 Jul-07 Jun-07 May-07 Apr-07 Mar-07 Feb-07 Jan-07 Dec-06 Nov-06 Oct-06 Sep-06 Aug-06 Jul-06 Jun-06 May-06 Apr-06year

Compliance with Consent Decree. Inflow TP concentrations to the ENP through Taylor Slough and the Coastal Basins are compared to the 11 ppb limit at the end of each water year using data from both the old (S175, S332, S18C) and new (S174, S332D, S18C) combinations of structures (Figure 10). The bars in Figure 10 represent the 12-month flow-weighted mean TP concentrations from S332, S175 and S18C for water years 1989 through 2002. The diamond point values for water years 1999 through 2007 2008 represent the new combination of structures. TP and flow data from both sets of structures presented in prior editions of this report through December 2001 (April 2002 report) showed that, beginning in October 2000, the 12-month moving total flow for S332D, S174 and S18C was consistently greater than flow at S332, S175 and S18C. There was also a shift in flow-weighted mean TP concentration data whereby S332D, S174 and S18C concentrations became equal to and then consistently lower than the concentrations at S332, S175 and S18C. These changes reflected the switch made from S332 to S332D for water delivery to Taylor Slough between July 3 and July 5, 2000. Consequently, as of the July 2002 report, only S332D, S174 and S18C data are presented for monthly tracking of data in Figure 10. However, there had been almost no flow at S174 since March 2006. The site was plugged in September 2007, preventing any flow through S174. Figure 11 presents the 12-month and individual sampling event flow- weighted mean TP concentrations at the S332D and S18C structures. All TP grab sample concentrations taken on positive flow days reported for surface water monitoring at the 3 sites were used for the compliance calculations. For the combined flow through S332D and S18C, the 12-month flow- weighted mean TP concentrations were 5.0, 5.5 and 5.6 ppb, respectively, for the 12-month periods ending in JanuaryJuly, February, August and March 2008, the 12-month flow-weighted mean TP concentration was 4.6 ppb for the combined flow through S332D and S18C September 2008 (Table 3). The Consent Decree stipulates that the percent of flow-weighted mean TP concentrations greater than 10 ppb from each sampling event in any 12-12- month period must not exceed a fixed guideline of 53.1 percent. The observed percentages of the There was only one sampling event flow-weighted mean TP concentrations concentration greater than 10 ppb for the combined flow through S332D and S18C were 2.6 and 2.5 percent for the periods ending in January and February 2008, respectively. There was no sampling event flow-weighted mean TP concentration greater than 10 ppb from April 2007 to since March 20082007. The daily flows into the ENP through S332D, S174 and S18C are presented in Figure 12. The sampling event flow-weighted mean concentrations remained very low. There was almost no flow sampling event flow- weighted mean TP concentration greater than 11 ppb since December 2006 except 23 ppb on July 14th, 2008 taken at S332D (9 acre-feet) and little flow at S18C (2,489 acre-feet). S18C. Figure 13 shows the relationship between the daily inflows and the corresponding flow-weighted mean TP concentrations for each sampling event. The sampling event flow-weighted mean concentrations remained very low, 3 to 10 ppb, since April 2007. S175, S332, S18C S174, S332D, S18C Long-term discharge limit (Effective 12/31/0612/31/2006) 25 25 Total Phosphorus (ppb) 20 20 10 10 5 5 0 0 1991 1992 1993 0000 0000 0000 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Water Year (October 1st - September 30th) Figure 10. The 12-month flow-weighted mean TP concentrations in inflows to Everglades National Park through Taylor Slough and the Coastal Basins at the end of each water year compared to the 11 ppb long-term TP limit. 12-month moving average (S174, S332D, S18C) Sampling event composite concentration (S174, S332D, S18C) 40 40 35 35 Total Phosphorus (ppb) 30 30 25 25 20 20 15 15 10 10 5 5 Mar-08 Feb-08 Jan-08 Dec-07 Nov-07 Oct-07 Sep-07 Aug-07 Jul-07 Jun-07 May-07 Apr-07 Mar-07 Feb-07 Jan-07 Dec-06 Nov-06 Oct-06 Sep-06 Aug-06 Jul-06 Jun-06 May-06 Apr-062008

Compliance with Consent Decree. Inflow TP concentrations to the ENP through Taylor Slough and the Coastal Basins are compared to the 11 ppb limit at the end of each water year using data from both the old (S175, S332, S18C) and new (S174, S332D, S18C) combinations of structures (Figure 10). The bars in Figure 10 represent the 12-month flow-weighted mean TP concentrations from S332, S175 and S18C for water years 1989 through 2002. The diamond point values for water years 1999 through 2007 2006 represent the new combination of structures. TP and flow data from both sets of structures presented in prior editions of this report through December 2001 (April 2002 report) showed that, beginning in October 2000, the 12-month moving total flow for S332D, S174 and S18C was consistently greater than flow at S332, S175 and S18C. There was also a shift in flow-weighted mean TP concentration data whereby S332D, S174 and S18C concentrations became equal to and then consistently lower than the concentrations at S332, S175 and S18C. These changes reflected the switch made from S332 to S332D for water delivery to Taylor Slough between July 3 and July 5, 2000. Consequently, as of the July 2002 report, only S332D, S174 and S18C data are presented for monthly tracking of data in Figure 10. However, there had been almost no flow at S174 since March 2006. The site was plugged in September 2007, preventing any flow through S174. Figure 11 presents the 12-month and individual sampling event flow- weighted mean TP concentrations at the S174, S332D and S18C structures. All TP grab sample concentrations taken on positive flow days reported for surface water monitoring at the 3 sites were used for the compliance calculations. For the 12-month periods ending in January, February, and March 2008, the The 12-month flow-weighted mean TP concentration was 4.6 ppb 5.2 ppb, for the combined flow through S174, S332D and S18C for January, February and March 2007 (Table 3). The Consent Decree stipulates that the percent of flow-weighted mean TP concentrations greater than 10 ppb from each sampling event in any 12-month period must not exceed a fixed guideline of 53.1 percent. The observed percentages of the sampling event flow-weighted mean TP concentrations greater than 10 ppb for the combined flow through S332D and S18C were 2.6 and 2.5 percent for the periods ending in January and February 2008, respectively. There was no sampling event flow-weighted mean TP concentration greater than 10 ppb from April 2007 to March 2008. The daily flows into the ENP through S332D, S174 and S18C are presented in Figure 12. There was almost no flow at S332D (9 acre-feet) and little flow at S18C (2,489 acre-feet). Figure 13 shows the relationship between the daily inflows and the corresponding flow-weighted mean TP concentrations for each sampling event. The sampling event flow-weighted mean concentrations remained very low, 3 to 10 ppb, since April 2007. S175, S332, S18C S174, S332D, S18C Long-term discharge limit (Effective 12/31/06) 25 25 Total Phosphorus (ppb) 20 20 10 10 5 5 0 0 1991 1992 1993 0000 0000 0000 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Water Year (October 1st - September 30th) Figure 10. The 12-month flow-weighted mean TP concentrations in inflows to Everglades National Park through Taylor Slough and the Coastal Basins at the end of each water year compared to the 11 ppb long-term TP limit. 12-month moving average (S174, S332D, S18C) Sampling event composite concentration (S174, S332D, S18C) 40 40 35 35 Total Phosphorus (ppb) 30 30 25 25 20 20 15 15 10 10 5 5 Mar-08 Feb-08 Jan-08 Dec-07 Nov-07 Oct-07 Sep-07 Aug-07 Jul-07 Jun-07 May-07 Apr-07 Mar-07 Feb-07 Jan-07 Dec-06 Nov-06 Oct-06 Sep-06 Aug-06 Jul-06 Jun-06 May-06 Apr-06of

Compliance with Consent Decree. Inflow TP concentrations to the ENP through Taylor Slough and the Coastal Basins are compared to the 11 ppb limit at the end of each water year using data from both the old (S175, S332, S18C) and new (S174, S332D, S18C) combinations of structures (Figure 10). The bars in Figure 10 represent the 12-month flow-weighted mean TP concentrations from S332, S175 and S18C for water years 1989 through 2002. The diamond point values for water years 1999 through 2007 represent the new combination of structures. TP and flow data from both sets of structures presented in prior editions of this report through December 2001 (April 2002 report) showed that, beginning in October 2000, the 12-month moving total flow for S332D, S174 and S18C was consistently greater than flow at S332, S175 and S18C. There was also a shift in flow-weighted mean TP concentration data whereby S332D, S174 and S18C concentrations became equal to and then consistently lower than the concentrations at S332, S175 and S18C. These changes reflected the switch made from S332 to S332D for water delivery to Taylor Slough between July 3 and July 5, 2000. Consequently, as of the July 2002 report, only S332D, S174 and S18C data are presented for monthly tracking of data in Figure 10. However, there had been almost no flow at S174 since March 2006. The site was plugged in September 2007, preventing any flow through S174. Figure 11 presents the 12-month and individual sampling event flow- weighted mean TP concentrations at the S332D and S18C structures. All TP grab sample concentrations taken on positive flow days reported for surface water monitoring at the 3 sites were used for the compliance calculations. For the combined flow through S332D and S18C, the 12-month flow- weighted mean TP concentrations were 4.6, 4.6 and 4.8 ppb, respectively, for the 12-month periods ending in JanuaryApril, FebruaryMay, and March 2008, the 12-month flow-weighted mean TP concentration was 4.6 ppb for the combined flow through S332D and S18C June 2008 (Table 3). The Consent Decree stipulates that the percent of flow-weighted mean TP concentrations greater than 10 ppb from each sampling event in any 12-12- month period must not exceed a fixed guideline of 53.1 percent. The observed percentages of the sampling event flow-weighted mean TP concentrations greater than 10 ppb for the combined flow through S332D and S18C were 2.6 and 2.5 percent for the periods ending in January and February 2008, respectively. There was no sampling event flow-weighted mean TP concentration greater than 10 ppb from April 2007 to March for the combined flow through S332D and S18C for the 12-month periods ending in April, May, and June 2008. The daily flows into the ENP through S332D, S174 and S18C are presented in Figure 12. The sampling event flow-weighted mean concentrations remained very low. There was almost no flow at S332D (9 acre-feet) and little flow at S18C (2,489 acre-feet)sampling event flow- weighted mean TP concentration greater than 10 ppb since March 2008. Figure 13 shows the relationship between the daily inflows and the corresponding flow-weighted mean TP concentrations for each sampling event. The sampling event flow-weighted mean concentrations remained very low, 3 to 10 ppb, since April 2007. S175, S332, S18C S174, S332D, S18C Long-term discharge limit (Effective 12/31/06) 25 25 Total Phosphorus (ppb) 20 20 10 10 5 5 0 0 1991 1992 1993 0000 0000 0000 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Water Year (October 1st - September 30th) Figure 10. The 12-month flow-weighted mean TP concentrations in inflows to Everglades National Park through Taylor Slough and the Coastal Basins at the end of each water year compared to the 11 ppb long-term TP limit. 12-month moving average (S174, S332D, S18C) Sampling event composite concentration (S174, S332D, S18C) 40 40 35 35 Total Phosphorus (ppb) 30 30 25 25 20 20 15 15 10 10 5 5 Jun-08 May-08 Apr-08 Mar-08 Feb-08 Jan-08 Dec-07 Nov-07 Oct-07 Sep-07 Aug-07 Jul-07 Jun-07 May-07 Apr-07 Mar-07 Feb-07 Jan-07 Dec-06 Nov-06 Oct-06 Sep-06 Aug-06 Jul-06 Jun-06 May-06 Apr-06Jul-06

Compliance with Consent Decree. Inflow concentrations of TP concentrations to the ENP through Taylor Slough and the Coastal Basins are compared to the 11 ppb limit at the end of each water year using data from both the old (S175, S332, S18C) and new (S174, S332D, S18C) combinations of structures (Figure 10). The bars in Figure 10 represent the 12-month flow-weighted mean TP concentrations from S332, S175 and S18C for water years 1989 through 2002. The diamond point values for water years 1999 through 2007 2005 represent the new combination of structures. TP and flow data from both sets of structures presented in prior editions of this report through December 2001 (April 2002 report) showed that, beginning in October 2000, the 12-month moving total flow for S332D, S174 and S18C was consistently greater than flow at S332, S175 and S18C. There was also a shift in flow-weighted mean TP concentration data whereby S332D, S174 and S18C concentrations became equal to and then consistently lower than the concentrations at S332, S175 and S18C. These changes reflected the switch made from S332 to S332D for water delivery to Taylor Slough between July 3 and July 5, 2000. Consequently, as of the July 2002 report, only S332D, S174 and S18C data are presented for monthly tracking of data in Figure 10. However, there had been almost no flow at S174 since March 2006. The site was plugged in September 2007, preventing any flow through S17410 . Figure 11 presents the 12-month and individual sampling event date flow- weighted mean TP concentrations at the S174, S332D and S18C structures. All TP grab sample concentrations taken on positive flow days reported for surface water monitoring at the 3 sites were used for the compliance calculations. For the 12-month periods ending in January, February, and March 2008, the The 12-month flow-weighted mean TP concentration was 4.6 ppb concentrations for April, May, and June 2006 were 6.5, 6.4, and 6.7 ppb, respectively, for the combined flow through S174, S332D and S18C (Table 3). The Consent Decree stipulates that the percent of flow-weighted mean TP concentrations greater than 10 ppb from each sampling event in any 12-month period must not exceed a fixed guideline of 53.1 percent. The observed percentages of the sampling event flow-weighted mean TP concentrations greater than 10 ppb for the combined flow through S174, S332D and S18C were 2.6 10,4, 4.6, and 2.5 percent 4.9 percent, respectively, for the periods ending in January April, May, and February 2008, respectively. There was no sampling event flow-weighted mean TP concentration greater than 10 ppb from April 2007 to March 2008June 2006. The daily flows into the ENP through S332D, S174 and S18C are presented in Figure 12. There was almost no flow at S332D (9 acre-feet) and little flow at S18C (2,489 acre-feet). Figure 13 shows the relationship between the daily inflows and the corresponding flow-weighted mean TP concentrations for each sampling event. The sampling event From 1984 to 1990, there was no observable relationship between daily mean flow and flow-weighted mean TP concentrations remained very lowat S332 and S18C structures. Some higher concentrations were observed during low flow periods during 2004 and 2005 at S332D, 3 S174 and S18C. However, flow-weighted mean TP concentrations for all sampling dates have been less than or equal to 10 9 ppb since September 2005 except for May 17, 2006, sampling at S332D (13 ppb, since April 2007). S175, S332, S18C S174, S332D, S18C Long-term discharge limit (Effective 12/31/06) 25 25 Total Phosphorus (ppb) ppb 20 20 10 15 10 5 5 0 0 1989 1990 1991 1992 1993 0000 0000 0000 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Water Year (October 1st - September 30th) Figure 10. The 12-month flow-weighted mean TP concentrations in inflows to Everglades National Park through Taylor Slough and the Coastal Basins at the end of each water year compared to the 11 ppb long-term TP limit. 12-month moving average (S174, S332D, S18C) Sampling event composite concentration (S174, S332D, S18C) 40 40 35 35 Total Phosphorus (ppb) 30 30 25 25 20 20 15 15 10 10 5 5 Mar-08 Feb-08 Jan-08 Dec-07 Nov-07 Oct-07 Sep-07 Aug-07 Jul-07 Jun-07 May-07 Apr-07 Mar-07 Feb-07 Jan-07 Dec-06 Nov-06 Oct-06 Sep-06 Aug-06 Jul-06 Jun-06 May-06 Apr-06year