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Department of Environmental Protection and city representatives say Marco Island is still cooperating with a mandate from the Environmental Protection Agency that requires new permits for dewatering related to construction work.

DEP Ombudsman Eli Fleishauer said there is no substance to community rumors that the EPA is getting ready to shut down operations on Marco, partly because dewatering wrapped up on the island last week.

However, both Fleishauer and city attorney Kevin Hennessy said the city and the DEP have been communicating closely on the department’s expectations and the city’s limits in ongoing construction work.

Fleishauer said that because the city has reached the end of its off-season construction work, it has more time to finish testing requested by the EPA to assuage resident concerns. A knot of committed residents have consistently attacked the city for the practice of dewatering, and contacted the DEP and EPA directly about the construction method.

The debate has been ongoing since July when two construction workers were knocked out inside a manhole by hydrogen sulfide gas, which is released into the air during dewatering.

Kevin Hennessy, one of the city’s attorneys in the matter, said the city is still gathering water samples and getting back the tests necessary to receive a new round of permits requested by the EPA.

Fleishauer said the most recent tests had to be conducted all over again because lab results for Mercury levels were inconclusive, and the city has since sent new samples to another lab to determine the levels.

That is not cause for concern Fleishauer said — to the contrary, it shows that the city is exercising care in complying with DEP and EPA requests.

Hennessy said his firm, Lewis, Longman & Walker, of Bradenton, has also been in touch with an EPA attorney, mostly through email, as a courtesy to keep communication flowing.

“The email we just got from the EPA says everything looks real good, but please take care of these two things,” Hennessy said.

Requests by the Eagle to speak directly with EPA officials are still pending.

EPA Media Specialist Dawn Harris-Young said she was unaware of any action taken by the EPA regarding the City of Marco Island, and that the EPA exists as a resource for the city.

Hennessy said that may be because the EPA has not taken any formal action, but has instead worked in an advisory capacity with the DEP, communicating concerns, but not making formal requests or mandates.

“I guess they just oversee and only take action if they feel like they need to,” Hennessy said.

Final results of the most recent tests are expected sometime this week. If the city is approved on those counts, the permitting process should be complete.