PALMETTO – The environmentally unstable Piney Point phosphate processing site is moving towards closure with the completion of work on the first of four wastewater collection ponds, according to the Florida Department of Environmental Protection.
The work on the pond, built to contain industrial wastewater from phosphate processing operations, is substantially complete, according to FDEP. A liner has been installed on top of the pond, which is located at the top of a phosphogypsum waste stack. A new stormwater control system has been installed and grass has been planted to reduce soil erosion.
On March 25, 2021, Piney Point owner HRK Holdings LLC notified FDEP of a possible leak in the lining of one of the other three ponds, which is now in the process of closure. Five days later, FDEP authorized the emergency discharge of 215 million gallons of industrial wastewater from the pond into Tampa Bay to maintain the integrity of the gypsum stack and avoid a potential flood. Surrounding homes and businesses were evacuated.
From March 30 to April 9, the wastewater poured into the bay, adding an estimated 186 metric tons of nitrogen, exceeding typical annual nitrogen loads in a matter of days, according to the Tampa Bay Estuary Program. The nutrient exacerbated toxic cyanobacteria blooms that peaked in June, followed by a bloom of toxic red tide algae that caused fish kills, triggering the cleanup of more than 1,600 metric tons of dead fish.
On Aug. 5, 2021, FDEP filed a complaint in the 12th Judicial Circuit Court in Manatee County, initiating enforcement action against Piney Point owner HRK Holdings LLC. In the complaint, the agency requested a judgment against HRK of $50,000 a day in civil penalties for each day that it failed to remove process water at Piney Point, and $15,000 per day for failure to provide FDEP with financial assurance. The total maximum penalties for all of HRK’s violations total $119,745,000, according to the complaint.
“This action enforces compliance with the state’s environmental laws and all of HRK’s existing authorizations, orders and agreements with the department. The department is seeking the maximum allowable penalties and recovery of costs and damages under existing laws and regulations,” according to FDEP.
On Jan. 3, 2023, FDEP filed a motion for a default final judgment against HRK claiming in part that HRK failed to remove groundwater from Feb. 15, 2019 to May 15, 2022, and failed to meet groundwater standards on 18 separate occasions, equating to $270,000 in penalties. The case remains open.
On Dec. 16, 2021, FDEP issued a permit to Manatee County to build an underground injection well on Buckeye Road to receive industrial wastewater from Piney Point. The well began receiving the wastewater from the site on April 4, 2023. To date, more than 97 million gallons of wastewater have been transferred to the well.
