With the help of Don Maynard, a Florida geologist with extensive hydrogeology expertise who volunteered his time, FOLKs sued Marathon for violating the Clean Water Act. FOLKs claimed the City’s shallow sewage wells illegally allowed the less saline sewage effluent to rise through porous limestone to nearby coastal surface waters.

FOLKs and Marathon settled their Clean Water Act litigation in December 2023.

Marathon must drill a deep well and stop using its 12 shallow wells except for emergencies and maintenance.

Remember Dr. Lee Kump, from Penn State University, who did the multi-year study of shallow well sewage injection at Marathon?

Dr. Kump’s study showed that “shallow wastewater injection at Area 3 (near Boot Key Harbor in Marathon) is releasing nutrients and other contaminants to surface waters of the halo zone of the Florida Keys.” This supported the sucralose testing and biological analyses FOLKs had provided.

Marathon was potentially liable for millions of dollars in penalties for its violations of the Clean Water Act. “FOLKs agreed to waive its right to seek those penalties in exchange for the deep well,” says FOLKs’ attorney Caron Balkany.

“It’s worth it,” said FOLKs members, with thanks to Don and their attorneys….