The dumping allegedly took place between Nov. 1, 1982, and Nov. 10, 1983, but several residents claim it actually went on much longer. Ocean Reef Inc. has declined to discuss the charges.
Up to now, the club—whose membership is full of political heavyweights—has treated the state and Army Corps like pesky gnats.
But the EPA is the big league, and this indictment is criminal. Ocean Reef's president, vice president and utilities director face a possible year in prison for each of the 346 counts, while the development conceivably could be hit with an $8.6 million fine.
If the club has a lick of common sense, the case will be settled before it ever gets to trial. A fine will be paid, nobody will do a day in jail, and the company will get back to the business of squeezing every square inch of profit out of its North Key Largo holdings.
Ocean Reef Inc. can afford a hefty fine: A couple of years ago, one undeveloped waterfront lot sold for $900,000.
Prosecutors ought to shoot for a seven-figure settlement. Big money is the only thing that gets arrogant polluters' attention, and it's the only thing that will make them think twice before opening a "magic valve" again.
As one furious Ocean Reef resident put it: "I don't know what kind of mind would pump raw sewage into a canal where children swam and snorkeled and boated. It's horrible."
Margaritaville marshlands: Wasting away?
October 27, 1986
The most tranquil part of this crazed island is unknown even to some of the locals—407 nearly virgin acres of mangrove, mahogany and marshlands. The Salt Ponds.
In a place where real estate is as precious as Mel Fisher's gold, it would seem a miracle that the ponds haven't already been drained, dredged, paved and plastered. Unfortunately, that sad day might be coming. A developer named Larry Marks has fought an extended court battle for the right to put up 1,100 units here, and he says he'll do it.
In the old days, a familiar corps of tenacious environmentalists would have stood alone against the development, and probably lost. This fight is different. Opposition to the Salt Ponds project is broader, and it includes a famous voice that carries clear to Tallahassee.
Jimmy Buffett can look out at the ponds from the porch of his home. He has explored by canoe and found egrets, herons, ospreys, even an eagle. "It's beautiful in there," the singer says.
Buffett doesn't think this is a suitable location for a thousand condominiums or apartments. "Affordable housing," the developer calls it. "Monstrosity" is the term preferred by critics. The Key West City Commission meets Tuesday to discuss the plan. Tonight Buffett will sing at a "Save the Salt Ponds" rally at a restaurant on Duval Street.
This is not the best of news for the developer; Buffett is a popular fellow with a huge following here. The singer already has angered Larry Marks by suggesting that one of Marks' other big condo projects should be used as a bombing target by the Navy.
Though he usually avoids Key West politics like a tropical plague, Buffett says the Salt Ponds are too important to ignore. "We've got enough condos. I mean, how many people can live on this island?"
The strategy to save the Salt Ponds doesn't include another prolonged legal slugfest with Larry Marks—except as a last resort. The new plan is to get the state of Florida to purchase the wetlands outright. There are many who think that Marks would be willing to sell his portion, for the right price. Both the City Commission and the Florida Audubon Society say it's a good idea, and last week the state took the first step toward placing the Salt Ponds on its list of lands to be acquired for preservation.
The problems are time and money: It might take years before the fluids are available. In the meantime, the bulldozers could roll.
Because the Salt Ponds are so remote—a verdant pocket near the airport's runway, far from the Conch Train's view—most tourists and many Key Westers have never visited the beautiful tidal marsh. Buffett says it can't be saved until people know what they're saving.
"It's the same ploy we used with the manatees," he says. "Nobody knew what manatees were, seven years ago."
Buffett's importance in a local controversy like this is inestimable. No other personality is so instantly identified with Key West; no one has done more to popularize the island's charms. If anyone can mobilize Margaritaville, it is he. High-rises have no place in Buffett's lyrical view of paradise.
"If you want to make it look like Fort Lauderdale," he says, "then, hell, go live in Fort Lauderdale."
Still, it's one thing to pick up a guitar and quite another to stalk into City Hall and make a speech. "I promised my grandfather that I would never get into politics," he says with a groan.