South Sarasota scrap recycler faces potential federal pollution lawsuit

A south Sarasota County scrap metal recycling business already involved in a land use dispute with Sarasota County officials now faces another legal battle — this time over allegations it dumped polluted stormwater and other contaminants into nearby bays. 

Suncoast Waterkeeper, a nonprofit dedicated to preserving coastal waters and watersheds throughout Manatee, Sarasota and northern Charlotte counties announced Wednesday it sent All Scrap — Nokomis Inc. and associated property owners and LLCs a formal notice of intent to sue Oct. 21. Suncoast Waterkeeper alleges ongoing Clean Water Act violations at the company’s scrapyard at 492 Riverview Drive S. and a flow of contaminants into Sarasota’s Dona Bay and Roberts Bay. 

Suncoast Waterkeeper's letter, written by Super Law Group attorney Douglas Chermak, names All Scrap – Nokomis Inc., Alexis Properties LLC, Graysen P. Johnson II and Persephone S. Johnson as the four owners and operators responsible for the site. Waterkeeper intends to seek civil penalties and a court order to prevent further violations in the U.S. District Court for the Middle District of Florida, the letter says.

The notice also lists federal and state regulators for service by certified mail, including officials at the U.S. Environmental Protection Agency and the Florida Department of Environmental Protection.

Two phone calls and emails sent to All Scrap’s management team seeking comment were not returned. The company was founded in 2000 by Graysen and Persephone Johnson in Fort Myers, its website says.

The environmental nonprofit says it began investigating All Scrap after its Riverview Drive neighbors raised concerns about runoff leaving the scrap yard. The group conducted water quality tests on stormwater runoff samples from the facility in July and September and found numerous pollutants that “degrade water quality, harm aquatic life and contribute to broader contamination of downstream waterways,” Waterkeeper’s announcement says.

“Recycling facilities are important to a sustainable economy, but they must operate responsibly and protect the waters we all depend on,” Suncoast Waterkeeper Executive Director Abby Tyrna says in the release. 

The official letter focuses in part on where stormwater leaves the property. In its required reports to the Florida Department of Environmental Protection, All Scrap certified that the scrap yard has a single discharge point — in its southwest corner — where stormwater commingled with industrial runoff flows into a storm sewer system operated by Sarasota County. But Waterkeeper says its members also found runoff leaving the property from the northwest corner and front entrance — two discharge points not correctly reported to Florida regulators. The group alleges All Scrap failed to sample or conduct required visual checks at those two locations.

Waterkeeper’s investigation also found that discharge from the site reaches Dona Bay through a ditch alongside the Legacy Trail and that Dona Bay exchanges water with neighboring Roberts Bay, the letter says.

Waterkeeper’s letter lists results from samples collected at the three locations, which the group says it accessed from public rights of way. A July 26 sample at the southwest corner contained 10.7 milligrams per liter of iron, compared with the industrial stormwater benchmark of 1 milligram per liter. The same sample contained 0.9 milligrams per liter of zinc, nearly eight times the benchmark of 0.117. The letter also lists readings above benchmarks for aluminum, copper, lead, suspended solids and chemical oxygen demand.

The EPA uses stormwater benchmarks to help operators assess whether their pollution controls are working. Sample readings above a benchmark generally mean those controls need to be reviewed, the EPA’s website says, and failing to take corrective action can sometimes result in a permit violation. 

Waterkeeper cites its sampling results as evidence for broader allegations that All Scrap failed to implement an adequate storm water pollution prevention plan at the Nokomis property; has not properly monitored or reported discharges; and has not complied with the requirements of its National Pollutant Discharge Elimination System permit. The company has also failed to conduct annual compliance evaluations and update its plan accordingly, the letter says.

According to the letter, the facility’s current coverage under Florida’s industrial stormwater permit began Aug. 4, 2025, and lasts until Aug. 3, 2030. 

The notice adds a potential federal case to a separate land-use dispute over the property that’s still working its way through state courts. 

All Scrap — Nokomis, Inc and Alexis Properties LLC first opened the scrapyard at the site in the aftermath of the November 2024 hurricane season. The land is zoned as Industrial Light & Warehousing, which means All Scrap needed a “special exception” and an approved Business Use Permit to legally operate its scrapyard, county records say. Sarasota County staff formally denied All Scrap’s Business Use Permit and, in June 2025, county commissioners unanimously rejected the business’ appeals for proper permitting. But Waterkeeper says All Scrap is continuing to operate its scrap yard at the site despite numerous code violations and cease-and-desist orders. 

The dispute has since escalated into parallel legal battles within the Twelfth Judicial Circuit Court. Sarasota County is hoping to shut down the operation entirely by seeking injunctive relief with a civil suit against Alexis Properties LLC. Meanwhile, both Alexis Properties LLC and All Scrap — Nokomis, Inc. have filed an administrative appeal in circuit court against the county, challenging its regulatory denials.

“Regardless of the outcome of the litigation between the county and All Scrap, the facility must comply with the Clean Water Act, which provides us the right to enforce its provisions," environmental lawyer and Suncoast Waterkeeper founder Justin Bloom says in the release.

The Clean Water Act requires 60 days notice before a citizen enforcement suit can be filed. In the Oct. 21 letter, Waterkeeper’s attorney invited the recipients to start talks with the organization within 20 days. Once the statutory period expires, though, the letter says the group intends to file its lawsuit, even if discussions are ongoing.