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The classic problem with dumps is that nobody wants one in their own backyard. Trouble is, this just isn't any old backyard; it's one of the few remaining glimpses of Florida as it was a century ago, a gentle canoe trip into the past.

Surely the state can settle this controversy by demanding strict, enforceable measures to save the Pond Apple Slough and the air it breathes. A dump is one kind of political legacy; a wilderness is another.

It would be a tragedy to lose it to a 40-foot hill of burnt slop.

Sewage charges latest outrage at ocean reef

December 16, 1985

The idea of dumping raw sewage into the waters of the John Pennekamp Coral Reef State Park is so vile that it makes the blood boil.

This month, the wondrous park's 25th anniversary, the Ocean Reef Club in North Key Largo was indicted on 346 counts of allegedly emptying its toilets straight into the ocean over the continent's only living coral reef.

If the charges are true, this is by far the worst in the club's long history of flagrant abuses. Of all the developments in the Florida Keys, Ocean Reef Inc. has been the most prolific violator of environmental laws. Its motto might as well be: Let's do it until we get caught.

The place is legendary: Canals appear overnight to create instant "waterfront" lots; protected mangroves vanish in the darkness. The investigatory files on Ocean Reef stuff several drawers at the state Department of Environmental Regulation and the U.S. Army Corps of Engineers.

Yet sanctions against the resort have, until now, been laughably weak. The largest fine was $50,000 stretched out to five payments in five years—hardly the sort of penalty that teaches a lesson.

Much is made of the fact that Ocean Reef is a haven for the rich and famous. Wealthy or not, the people who live there had nothing to do with the sewage scandal. In fact, their complaints helped trigger the investigation by the Environmental Protection Agency.

"We're shocked by what happened, and we're angry," says Barrett Wendell, president of an Ocean Reef property owner's group. "The reef is too valuable an asset to be treated this way."

"We're the victims—not the people perpetrating this," adds Charles Howell, another resident.

Ironically, Ocean Reef homeowners had been negotiating with the developers to buy out the utilities, including the long-troubled sewage system. Last summer a tentative agreement was reached, but suddenly Ocean Reef Inc. changed its mind and decided to keep the sewer plants.

For many homeowners, this month's pollution indictment was a bitter and shameful moment. "We felt like we were indicted, too," Howell says. Some members fired off a letter to financier Carl Lindner, the principal owner, condemning the company for such a "despicable" act.

Says resident Clayton Kolstad: "We think it stinks."

And stink is the word for it. According to the indictment, raw fecal matter was purposely spewed into a slender waterway known as Channel Cay. From there tidal currents swept the putrid effluent into the Atlantic and out over the endangered offshore reef.

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.