ST. PETERSBURG – A federal judge has found HRK Holdings LLC liable for the intentional dumping of wastewater from Piney Point into Tampa Bay in 2021.
The discharge from the former phosphate processing facility was linked to a widespread red tide and fish kill. More than 215 million gallons of wastewater were discharged into the bay to avert the potential collapse of a phosphogypsum stack that supported a pond where the waste was stored.
The Sept. 18 ruling in a lawsuit filed by five conservation groups imposed a fine of $846,900.
“As a result of the lawsuit, the Florida Department of Environmental Protection separately agreed to fund independent monitoring of the Piney Point disaster’s ongoing harm to Tampa Bay’s water quality,” according to a press release from one of the plaintiffs, the Center for Biological Diversity.
“The court’s ruling exposes the reckless gamble Florida regulators took by letting this toxic waste facility operate without a permit for more than 20 years,” said Ragan Whitlock, a Florida-based attorney at the Center for Biological Diversity. “This outcome can’t undo the terrible harm done to wildlife and Tampa Bay’s water quality, but it should help state regulators see that trusting corporate polluters to oversee their own toxic waste is asking the fox to guard the henhouse.”
Following the 2021 spill, HRK Holdings declared bankruptcy. U.S. District Judge William Jung issued a default judgment finding that HRK had violated the Clean Water Act by discharging pollutants into Tampa Bay without a lawfully issued permit.
“State and local officials knew for years that HRK lacked the financial and operational resources to safely close Piney Point, yet watched this disaster unfold without intervention,” said Daniel C. Snyder, lead counsel for the plaintiffs and director of Public Justice’s Environmental Enforcement Project.
Following the dumping, Tampa Bay experienced a red tide event that killed more than 600 tons of marine life in Pinellas and Hillsborough counties, according to the press release.
“During the 2021 wastewater release, Tampa Bay received more nitrogen – nearly 200 tons – than it usually receives from all other sources in an entire year. The red tides that have plagued Florida are fueled by nitrogen,” the press release stated.
“It’s the communities that rely on these coastal waters who are left holding the bag, forced to deal with the lasting damage caused by HRK’s negligence,” said Abbey Tyrna, executive director of Suncoast Waterkeeper, one of the plaintiffs. “Suncoast Waterkeeper and our partners have stepped up to enforce the laws that the state should have been upholding all along. There is still so much work to be done to clean up after this disaster, and the responsibility to protect our waters needs to be shared between the state and the community.”
“It should be noted too that presently there are no federal, state or local regulations that adequately protect the public from hazards associated with phosphogypsum, and no regulations to require the industry to make final disposition of phosphate wastes in an environmentally acceptable manner,” said Glenn Compton, chairman of ManaSota-88, one of the plaintiffs.
Other plaintiffs are Tampa Bay Waterkeeper and Our Children’s Earth Foundation, represented by Public Justice’s Environmental Enforcement Project, the Center for Biological Diversity, and the law offices of Charles M. Tebbutt.
In January, the Florida Department of Environmental Protection levied an $8,500 fine for improper mangrove trimming and debris removal activities that occurred at Carlos Beruff’s Aqua development in unincorporated Manatee County in 2022.
Some Aqua mangroves were trimmed to create better views for those occupying the development’s multi-family residential buildings. – Joe Hendricks | Sun
FOX HONORED AT CELEBRATION OF LIFE
At the celebration of Suzi Fox’s life in January, local dignitaries, family and friends painted a picture of a dedicated advocate for Island turtles, a fun-loving and funny friend, and a caring mother, sister and grandmother. Fox, longtime executive director of Anna Maria Island Turtle Watch and Shorebird Monitoring, died on Sept. 30, 2022 after a fall. More than 150 people attended the event at the Center of Anna Maria Island to pay tribute to Fox.
EARLY START TO SEA TURTLE SEASON
Island sea turtles got off to an early start in 2023 as the first nest of the season appeared on Anna Maria Island. “AMITW got a big surprise early this morning, finding the first loggerhead nest of the season,” Anna Maria Island Turtle Watch and Shorebird Monitoring Executive Director Kristen Mazzarella wrote in an April 18 statement. Sea turtle nesting season officially begins May 1 and lasts until Oct. 31.
SUZI FOX DAY DECLARED ON MAY 1
As turtle nesting season began, Anna Maria Island Turtle Watch and Shorebird Monitoring declared May 1 as Suzi Fox Day to honor the legacy of its former executive director.
PINEY POINT CONTAMINATION EXTENDED FURTHER THAN ORIGINALLY THOUGHT
A study showed that contaminated water from the 2021 Piney Point spill, which contributed to algae blooms and red tide in Tampa Bay waterways, traveled farther than originally thought. According to the Sarasota Bay Estuary Program (SBEP), a chemical signature from the spill was found more than 30 miles away, in St. Joseph Sound near Tarpon Springs.
LOGGERHEAD SEA TURTLE ‘SUZI’ PARTICIPATES IN TOUR DE TURTLES
As hundreds of delighted onlookers gathered to see a publicized turtle release at Coquina Beach, loggerhead sea turtle “Suzi” made a grand entrance from the sand to the water. She hesitated several times walking on the beach, appearing to look at the crowd, but once she reached the water she was in her element and took off swimming. The June 27 release wasn’t the last time Suzi’s whereabouts was known – she was satellite-tagged and tracked during the Tour de Turtles race.
MULTIPLE TURTLE NESTS RUN OVER
On a daily patrol in July, Anna Maria Island Turtle Watch and Shorebird Monitoring volunteers were shocked and saddened to find multiple turtle nests that had been trampled on and run over with vehicles. On its Facebook page, Turtle Watch posted photos of tire tracks and footprints through multiple nests with marker stakes broken and on the ground. Vehicles are illegal on the beaches of Anna Maria Island. The culprits were not found.
SEA CAPTAINS CATCH POACHERS
The vigilance of three local charter captains resulted in multiple citations against three men for poaching marine life in local waters.
TURTLE HATCHLINGS RESCUED FROM HOLE ON BEACH
Four turtle hatchlings that had fallen into a hole on the beach were found by Holmes Beach Code Enforcement staff on the morning of July 16. While entrapped, the turtles were using up energy they needed for their long swim to the floating sargassum line where they will spend the next few years.
HURRICANE IDALIA CAUSES BEACH EROSION
Hurricane Idalia’s Aug. 31 storm surge eroded the Island’s renourished beaches, but the full extent of the damage and when it will be repaired is not yet known. “It could be months before any decision on what efforts will be undertaken is made,” Manatee County spokesman Bill Logan said in a Sept. 8 email to The Sun.
Mangrove trimming debris at the Aqua property was not properly removed and disposed of. – Rusty Chinnis | Sun
FLAMINGOS FLOCK TO FLORIDA
Hurricane Idalia’s Category 3 landfall in late August brought rain, wind, and, surprisingly, flamingos, to Florida. One flamingo was rescued by boaters in the Gulf off St. Petersburg Beach. Nicknamed “Peaches,” the bird was brought to the Society for the Prevention of Cruelty to Animals Tampa Bay and was then transferred to the Seaside Seabird Sanctuary in Indian Shores for rehabilitation. After a week, “Peaches” was self-feeding and becoming active. She was released and spotted later at Fort DeSoto in Pinellas County.
HURRICANE IMPACTS TURTLE NESTING
Turtle nesting season ended early this year, with Hurricane Idalia having left a large dent in nesting numbers. “Hurricane Idalia had a major impact on our nesting season, causing the loss of 18.5% of this season’s nests,” Anna Maria Island Turtle Watch and Shorebird Monitoring Executive Director Kristen Mazzarella said. The last nest on the Gulf of Mexico side of the Island hatched on Sept. 19. The season typically runs through October.
BIOLUMINESCENCE FASCINATES BEACHGOERS
The bioluminescent glow that came off the water in September may be related to the aftermath of Hurricane Idalia, according to one local expert. “This could be related to the nutrient pulse from Idalia,” said Dr. Dave Tomasko, executive director of the Sarasota Bay Estuary Program. “The water came up and much of the grass clippings and yard debris on our landscape got dragged back out into the bay as the water receded.”
U.S. COAST GUARD SUSPENDS INVESTIGATION INTO SEAPORT MANATEE OIL SPILL
Following testing of multiple potential sources, and with no responsible party identified, the U.S. Coast Guard suspended its investigation on Sept. 26 into the source of an oil spill at SeaPort Manatee, pending any new information. The spill was reported by SeaPort Manatee on Sept. 1, launching the Coast Guard’s examination of facilities and ships for evidence of an improper oil discharge.
PINEY POINT CLOSES FIRST OF FOUR WASTEWATER COLLECTION PONDS
In September, the Florida Department of Environmental Protection said the work on the first of four wastewater collection ponds was complete. The pond, built to contain industrial wastewater from phosphate processing operations, is located at the top of a phosphogypsum waste stack.
MANATEE COUNTY COMMISSIONERS REDUCE WETLAND BUFFERS IN A 5-1 VOTE
Commissioners voted on Oct. 5 to default to the less restrictive state of Florida minimums from more restrictive county standards. Buffers between sensitive wetlands and new upland development were reduced from 50 feet to 25 feet. Buffers between outflowing wetlands and new upland development were reduced from 30 feet to 15 feet.
MANATEE PROTECTION, ALGAL BLOOM RESEARCH FUNDED BY FEDS
Federal funding is coming to Florida to support two environmental initiatives critical to the state – the protection of manatees and harmful algal bloom research. Congressman Vern Buchanan’s office announced that the U.S. House of Representatives unanimously passed two of his amendments to the Interior and Environment government funding bill, one of which dedicates $1.15 million for the rescue and rehabilitation of manatees.
– Sun Correspondent Joe Hendricks contributed to this story
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.
At a time when the need to move water quality issues in a positive direction should be crystal clear, decisionmakers (and, by default, the citizens who elected them) are weakening protections that are the basis of the region’s economy. After several years of record harmful algae blooms (red tide, lyngbya, blue-green algae) and the unprecedented mega release of toxic effluent from the Piney Point disaster, it’s almost unbelievable that newly enacted state laws are making it harder to protect critical waters.
A bill that was recently signed into law by Gov. Ron DeSantis prohibits local governments from “adopting or amending a fertilizer management ordinance” during the 2023-24 budget year. The legislation restricts the ability of local municipalities and counties to restrict fertilizer use during the rainy season (May 15 to Oct. 3). Instead, they are now required to depend on less restrictive regulations developed by the University of Florida and supported by the state’s phosphate industry, the producers of fertilizer. It’s another nod to industry over the common good. The bill, which was quietly tucked into the budget without comment from the public, is defended by proponents since it only lasts for a year while the university studies the impact of the revised rule. This move appears to be nothing more than a gift to the fertilizer industry that has been losing revenue since 2000. Before the law was enacted, Gil Smart, executive director ofadvocacy group VoteWater, stated, “Fertilizer control is a key tool for local governments grappling with water quality problems. If this stands, it just opens the door to even more nutrients in our waterways and more problems. It’s unconscionable.” (Mary Allen Klas, Tampa Bay Times, May 2, 2022)
When I contacted Smart about the newly-enacted bill, he added, “I can also say this fertilizer study is an obvious precursor to legislative attempts to weaken fertilizer ordinances across Florida. I’d expect to see legislation to that effect as early as next session.”
Local anglers see first-hand what devastation excess nutrients from a myriad of sources, including fertilizer, wreak on the waters of Anna Maria Sound. Capt. Justin Moore understands the issue firsthand. Moore fishes over 200 days a year and sees the changes happening before his eyes.
“I have lots of customers who love to fish and have young children,” he said. “If they want their kids able to fish, we need to address this issue at the ballot box. What I’m seeing makes me afraid that we’re close to losing it all if we’re not careful. New and existing businesses on the Island and beyond need to know that a catastrophic red tide bloom (scientifically linked to excess nutrients) could devastate their business.”
If this wasn’t a big enough blow to efforts to protect water quality and vital marine habitat, Senate Bill 540 might signal the final nail in the coffin of common-sense reform. According to Samantha Wassmer, marketing and communications specialist for Suncoast Waterkeeper, “Along with the new restriction on fertilizer, the state Legislature delivered Senate Bill 540 and Senate Bill 1258/House Bill 1191 to the governor’s desk. Senate Bill 540 threatens ordinary Floridians with financial ruin for exercising their right to legally challenge bad development decisions. Specifically, citizens who challenge comprehensive plan amendments would be forced to pay the attorney fees and costs of the prevailing local government and developers if they lose their challenge. Senate Bill 1258 approves the use of radioactive waste called phosphogypsum in road construction, giving a free pass for industry to produce even more fertilizer that ultimately flushes into and pollutes our local waterways. Gov. DeSantis signed SB 540 on May 24, 2023, and has yet to take any action on SB 1258 which, as a result, automatically went into effect on July 1.”
Dave Tomasko, executive director of the Sarasota Bay Estuary Program, has a broader viewpoint as a scientist and brings another perspective to the issue.
“Municipalities are spending hundreds of millions of dollars to clean up Sarasota Bay and isotopic signatures show the presence of fertilizer-derived nitrogen in bay waters. Since there are no agricultural sources of nitrogen in the adjacent watershed it’s an indication that the nitrogen is from residential sources. If you want a bright green lawn, you must be willing to accept a bright green bay,” Tomasko said. “Since no one wants that, every citizen in the watershed must step up and do their part.”
In the end, the message seems clear to this advocate. If we are to protect this special place we love, it will require the voters to elect lawmakers who represent the people. Our state legislators and the governor have failed us to date.
PALMETTO – A recent study shows the contaminated water from the 2021 Piney Point spill, which contributed to algae blooms and red tide in Tampa Bay waterways, traveled farther than originally thought.
According to the Sarasota Bay Estuary Program (SBEP), a chemical signature from the spill was found more than 30 miles away, in St. Joseph Sound near Tarpon Springs.
Immediately after the spill in 2021, SBEP partnered with the Florida Department of Environmental Protection (FDEP), the Tampa Bay Estuary Program, Manatee, Hillsborough and Pinellas counties, the Florida Fish and Wildlife Conservation Commission (FWC), the National Oceanic and Atmospheric Administration (NOAA), the University of Florida and the University of South Florida to set up a series of sites to monitor existing conditions and determine the extent of the spill’s impact, according to the SBEP.
Results of that collaboration among agencies showed evidence of algae blooms and high concentrations of red tide in the months following the spill.
“A chemical signature, unique to the Piney Point effluent, was also found at a location in St. Joseph Sound, originally chosen to be a reference site, as it was assumed to be far enough away from the spill to avoid impact,” according to the SBEP website. “This was not the case as evidence of the Piney Point spill was also found at this location.”
In 2021, FDEP authorized the intentional emergency discharge of 215 million gallons of wastewater from the former phosphate plant into Tampa Bay to avoid a potential flood after a leak was discovered in the waste storage system. Surrounding homes and businesses were evacuated.
From March 30 to April 9, 2021, 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 a report released by the Tampa Bay Estuary Program. The nitrogen worsened 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, according to the report.
Last March, Manatee County Utilities crews began disposal of those waters into a permitted injection well.
The well, drilled to a depth of 3,300 feet below land surface, was completed by Fort Myers-based Youngquist Brothers Inc., working with consultants ASRus of Tampa and Manatee County Utilities staff. By collaboratively working with the FDEP, crews were able to expedite the well work, which was completed in late 2022.
The well holds Piney Point’s process water in a confined saltwater aquifer over a half mile below the surface under the Floridan aquifer, the state’s drinking water source.
The phosphate process water will continue to be drained from the reservoirs atop nearby phosphogypsum stacks as the plant is permanently closed, and will be pre-treated before injection.
PALMETTO – Two years after an intentional discharge of contaminated water stored in ponds atop the Piney Point phosphogypsum stacks, Manatee County utilities crews will begin disposing of the remaining wastewater in a new deepwater injection well.
Operations will begin next week, according to a March 28 statement from Manatee County Information Officer Bill Logan.
The well will hold Piney Point’s process water in a confined saltwater aquifer over a half mile below the surface under the Floridan aquifer, the state’s drinking water source. The phosphate process water, which will be drained from the reservoirs atop nearby phosphogypsum stacks, will be pre-treated before injection. Work on the pre-treatment facility has been underway since earlier this year, according to Logan.
Local environmental group ManaSota-88 opposes the deep injection well on several grounds, including that wells are subject to failure, and that leaks of the contaminated water – which is also slightly radioactive – could poison the state’s drinking water.
ManaSota-88 is among five environmental groups, including Sarasota-based Suncoast Waterkeeper, that sued the Florida Department of Environmental Protection (FDEP) and Piney Point owner HRK Holdings LLC on June 24, 2021 seeking to hold both responsible for negligence in managing the site. A pretrial conference is scheduled on July 12 in the U.S. District Court for the Middle District of Florida in Tampa; a trial is scheduled for Aug. 7.
In a separate lawsuit, HRK Holdings was sued by FDEP in Manatee County Circuit Court in 2021, a case that remains open with no hearings scheduled.
In 2021, FDEP authorized the emergency discharge of 215 million gallons of wastewater from the former phosphate plant into Tampa Bay to avoid a potential flood after a leak was discovered in the waste storage system. Surrounding homes and businesses were evacuated.
From March 30 to April 9, 2021, 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 a report released by the Tampa Bay Estuary Program. The nitrogen worsened 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, according to the report.
The well, drilled to a depth of 3,300 feet, was completed by Fort Myers-based Youngquist Brothers Inc., working with consultants ASRus of Tampa and Manatee County utilities staff. By working with FDEP, crews were able to expedite the well project.
“The cooperation and collaboration with the DEP have been key in getting this project fast-tracked,” Manatee County Utilities Director Evan Pilachowski said. “We are so pleased that we are to this point in the process already.”
“We are excited to write the final chapter of this Piney Point story,” Manatee County Commission Chair Kevin Van Ostenbridge said. “The teamwork involved in this important project – from the receiver to the DEP, to the consultants and our hard-working staff – have brought this to fruition.”
Red tide; two words that nobody wants to hear but everyone needs to understand. The term is just the common expression of the much deeper problem best described as harmful algae blooms (HABs). Someone who owns a resort hotel, has a restaurant on or near the beach or runs a business that takes people fishing or sightseeing obviously depends on clean, healthy water for their livelihood. It’s easy for the average person to see that these businesses will be negatively affected by HABs or even the mere mention of them. What’s less obvious is that poor water quality and habitat loss (seagrasses, mangroves) affects everyone, from fishing guides to developers, realtors, builders and all the allied trades and suppliers they all depend on.
We seem to only focus on the things that directly impact us in the present, finding it easier to “kick the can down the road.” Maybe we should consider how we’ll feel when our children and grandchildren look us in the eye and ask, “What did you do to make sure I had some of the same opportunities that you did?”
Second Place
Serious Column (Sally Latham Memorial award)
2024
Things took a devastating turn five years ago with a massive and long-lived harmful algae bloom (red tide) that devastated coastal waters from Naples to St. Petersburg, rendering Sarasota Bay a virtual wasteland. Since that event, Sarasota Bay has lost more grass than had regrown in the prior 40 years.
On top of that, a release of over 200 million gallons of polluted process water from the legacy phosphate facility at Piney Point in late March 2021 led to the worst algae bloom in Upper Tampa Bay since the 1970s, killing thousands of tons of sea life.
Resident anglers have seen firsthand the decrease in water quality and the resulting loss
of habitat, seagrass and its negative effect on local fisheries. Unfortunately, those who recently relocated here have no understanding of what has been lost and what that means for future anglers. The concept of “shifting baseline” describes a gradual change in the accepted norms for the condition of the natural environment due to a lack of past information or lack of experience of past conditions.
It’s critically important that we vet the politicians who represent us and are charged with enacting rules and regulations to protect our natural resources. A good source of that information is the League of Conservation Voters (lcv.org). The LCV is non-partisan and tracks the voting records of members of the Senate and Congress on environmental issues in its National Environmental Scorecard. This is a clear indication of how those tasked with representing our interests vote. It’s critical that we take decisive action now.
Research candidates before you cast your vote and consider joining and working with advocates like Suncoast Waterkeeper and their Eyes On The Suncoast Program, Vote Water and Sarasota Bay Watch. If we don’t do it, who will?
MANATEE COUNTY – Beyond the confines of Anna Maria Island, a canal dispute, mangrove trimmings and a proposed water taxi service were among The Sun’s top news stories in 2022.
Hunters Point
In Cortez, the construction of 86 Hunters Point homes continued while a hearing was conducted and completed regarding a dock permitting dispute.
The permitting dispute involves Hunters Point developer Marshall Gobuty’s Cortez Road Investments and Finance Inc. ownership group and the Cortez Village Marina’s MHC Cortez Village LLC ownership group.
In 2021, the Southwest Florida Water Management District gave Cortez Road Investments the environmental resource permit needed to construct the docks. That permit was then challenged by MHC Cortez Village.
The multi-day hearing began in June 2022 and concluded in September. Attorneys representing Cortez Village Marina argued the proposed docks would impede navigation along the canal and negatively impact their clients who have larger boats.
The attorney representing Gobuty argued the new docks would not significantly impede navigation and she repeatedly noted the man-made canal in question is privately owned by Cortez Road Investments and MHC Cortez Village LLC has no existing usage agreements for the canal.
The parties involved in the permitting dispute are still awaiting a recommended order from administrative law judge Bruce Culpepper, to then be followed by a final order issued by the water management district’s governing board.
In separate but related actions that took place in 2022, Cortez Road Investments filed a civil lawsuit seeking a court order that would prohibit Cortez Village Marina clients from using the privately-owned canal.
Cortez Road Investments also filed lawsuits against several canal-side property owners requesting that their docks and other structures be made fully compliant with the county’s dock regulations that prohibit any docks, boat lifts and other structures from extending more than 25% into the canal which is approximately 65 feet wide in those areas.
To date, several legal filings have been made but no hearings have been held regarding the canal-related lawsuits.
Aqua mangroves
In late April and early May, Florida Department of Environmental Protection (FDEP) personnel inspected the mangrove trimming activities that occurred along the shoreline of the Aqua development (formerly known as Long Bar Pointe) located between Sarasota Bay and El Conquistador Parkway in unincorporated Manatee County.
The mangroves to the left were not trimmed, the mangroves to the right were trimmed to create better views for those who will occupy Aqua’s multi-family residential units. – Joe Hendricks | Sun
In mid-May, FDEP issued an inspection report that stated, “Unauthorized trimming activity was not evident at time of the inspections. However, no pre- or post-photographs, pre-trimming notification or post-trimming notification was provided to the department.”
In late August, in response to additional complaints about the mangrove trimmings not being properly removed,
FDEP Southwest District Director Kelley Boatwright issued a warning letter to Medallion Home representative Rob Bosarge and Aqua developer and Medallion Home CEO and president Carlos Beruff.
“During the inspection, department personnel noted the following: All trimmings over 3 feet long or over 3 inches in diameter were not properly removed and disposed of offsite. Remaining trimmings were not evenly distributed. A portion of mangroves appeared to be reduced more than 25% of foliage annually. Adequate pre and post photo documentation of the trimming event was not provided,” Boatwright said in the letter.
In the letter, she went on to say, “On July 12, department personnel notified you that potential violations existed at the site and you were requested to take corrective actions within 30 days. On August 25, a follow-up site visit was conducted and violations did not appear to be adequately addressed. To date, the potential violations have not been resolved.”
Water taxis
In October, Manatee County Commissioners authorized County Administrator Scott Hopes to spend up to $700,000 to design and build two pontoon boats to be used as water taxis for the downtown Bradenton to Anna Maria Island water taxi service the county plans to launch in early 2023.
In November, the Manatee County Tourist Development Council (TDC) recommended the Manatee County Commission allocate $950,000 in resort tax revenues to help fund the county-initiated water taxi to be operated and managed by the Clearwater Ferry Company.
Initially operating Friday through Sunday from 10:30 a.m. to 9:30 p.m., the water taxis are expected to travel between downtown Bradenton, the Anna Maria City Pier, the Bridge Street Pier in Bradenton Beach and the Coquina South boat ramp. An exact launch date has not yet been provided.
Commission chair
District 3 County Commissioner Kevin Van Ostenbridge served as the Manatee County Commission Chairperson in 2022 and he will serve in that role again in 2023.
Kevin Van Ostenbridge served as the Manatee County Commission chairperson in 2022. – Joe Hendricks | Sun
Passing
Longtime Anna Maria Island resident Brian Haddix passed away at Tidewell Hospice in Bradenton on June 21.
Longtime Island resident Brian Haddix passed away in 2022. – Joe Hendricks | Sun
PALMETTO – Stormwater collected over several months in a pond on top of a phosphogypsum waste stack at Piney Point is being released this week into Tampa Bay at Port Manatee, according to the Florida Department of Environmental Protection (FDEP).
The “dewatering,” another step toward the final closure of the idled phosphate plant, began on Aug. 12 and will amount to about 4.5 million gallons, spokesperson Alexandra Kuhta said.
“This is the first pond to be closed and contains strictly rainwater,” she said. “Ultimately all (ponds) will be closed on the site.”
The stormwater is separate from the 262 million gallons of phosphate process wastewater still on site, which is contained in separate lined compartments and is managed separately, according to an FDEP press release.
A leak in one of the gypsum stacks in March 2021 resulted in FDEP approving the dumping of 215 million gallons of contaminated process water into Tampa Bay to prevent flooding of homes and businesses in the event of the stack’s collapse. The discharged water spread throughout Tampa Bay and Sarasota Bay, transporting nitrogen and phosphorus that worsened a bloom of the toxic algae red tide that lasted from April to November, causing fish kills and respiratory irritation.
The stormwater is less problematic, according to FDEP.
“DEP and the court-appointed receiver have independently tested the water, and current water sampling results indicate the concentrations of total nitrogen range from 2.3 to 3.5 mg/L.
At this level, the nutrient loading to the bay is expected to be less than 0.1%
of the federally adopted annual Total Maximum Daily Load for Lower Tampa Bay,” according to the press release.
The stormwater pond will be modified so that it will no longer accumulate rainwater, eliminating the need for future stormwater releases, according to the agency.
Court-appointed receiver and Tampa-based attorney Herb Donica recommended a phased approach to closing the ponds, which are less than two miles from Tampa Bay, near two state aquatic preserves.
The Piney Point site will be closed by December 2024, according to a plan approved by the FDEP on March 30.
PALMETTO – Approximately 4.5 million gallons of stormwater contained in a storage pond at the Piney Point property will soon be discharged into Tampa Bay at Port Manatee (SeaPort Manatee).
The water to be discharged contains elevated levels of salinity (salt) but does not contain the same high levels of nitrogen and phosphate as the Piney Point water discharged into the bay in 2021, according to Piney Point’s receiver.
The Piney Point property is the site of a former phosphate processing plant that closed several years ago. In April 2021, a breach in the outer wall of one of the Piney Point retention ponds, also known as gyp stacks, resulted in approximately 215 million gallons of water containing high levels of nitrogen and phosphate being discharged into the nearby bay. At the time the Piney Point property was controlled by HRK Holdings LLC.
In August 2021, Manatee County Circuit Court Judge Edward Nicholas issued an emergency order appointing Tampa-based business attorney Herb Donica to act as the receiver of the Piney Point site. Under that order, Donica is responsible for maintaining, managing and closing Piney Point “as efficiently and expeditiously as possible.” The order grants Donica judicial immunity from liability, including personal injury and property damage.
Attorney Herb Donica is the court-appointed receiver for the Piney Point property. – Donica Law Firm | Submitted
When contacted at his Donica Law Firm office Wednesday morning, Donica explained the pending discharge.
“We have four stack systems. The old gyp stack south had been dewatered and was dry. We have gone out for bid with construction companies to do a final closure on it, which is going to be about $10-12 million for construction, materials and a new liner. They want to get started the second week of August,” Donica said. “That stack has to be dry for them to get their machinery in there and start doing the grading. We’re going to change the contour of the stack so it drains completely and will not hold rainwater.”
“The rain that came in June and July has accumulated in that south stack. Our estimate is about four and a half million gallons. By rule, and also by the permit we have, once water goes into a stack, even though it’s rainwater, we have to treat it differently than the water lens on the other side of the stack wall that goes out into our stormwater outfalls on the west side of the property. That water’s been segregated and kept away from the other stacks and materials on the property,” he said.
When asked about the quality of the water to be discharged into the bay, Donica said, “It has higher salinity because it came in contact with the dredge material in the stack that previously came from the bottom of the bay.”
The dredge materials Donica referenced were removed from the Port Manatee waters and transferred to the Piney Point site several years ago as part of a port expansion project.
“The salinity level in the old gyp stack south was measured and it’s right around 19,000 microsiemens. The bay is more like 40,000 microsiemens, which is about twice as much,” Donica said.
“We already take water samples two or three times a day and this water will be sampled even more often. We run our own tests and we also provide samples to FDEP (Florida Department of Environmental Protection) and the county so they can independently test it. This water will constantly be monitored and tested as it goes out,” he added. “We’re looking for two things: the quality of water and whether there are any nutrients in it. If the water gets contaminated, we’ll shut it down. You don’t want the pumps picking up suspended solids and the mud off the bottom of the pond. Our agreement is to discharge water, not dredge materials, suspended solids or mud. We’re working closely with DEP and the Port Authority and we’re in constant contact with them. DEP is in charge of that permit. They need to know what’s going on. If anything should change, they need to know. If we need to halt what we’re doing or go a different direction we will.”
The Piney Point reservoir water discharged in 2021 traveled through this canal at Port Manatee and into Tampa Bay. – Joe Hendricks | Sun
“We expect to start discharging as early as this week,” Donica said. “My site manager is talking to the Port Authority and everyone wants to be present when it starts so everybody gets a chance to test as it’s happening. I don’t know how long it will take. We’ll have two 6-inch pipes up there that will draw from it and into the 36-inch decant loading pipe. It’s a routine thing. It’s been done before, but this summer it’s a little more sensitive because people are more sensitive to what’s going on.”
Regarding his role as the court-appointed receiver of the Piney Point property, Donica said, “I control the property that’s been taken from HRK Holdings and handed over to me. They are gone. I don’t own the property, but I’m in complete possession and I’m entitled to do anything I need to do to achieve the goal of final closure.”
Donica noted he’s not in charge of the deep well injection project Manatee County has embarked upon to discharge the contaminated water in the other gyp stacks to more than 3,000 feet below the earth’s surface.
Additional insight
Dave Tomasko is the executive director of the Sarasota Bay Estuary Program and he’s among the environmentalists and concerned citizens who continue to monitor the Piney Point activities and potential impacts.
Tomasko was contacted July 20 and asked about the pending Piney Point discharge.
“It’s rainwater, but it’s rainwater that’s contacted saltwater. It’s not fresh water, but it’s not full-strength saltwater. It’s brackish water with about one-third to one-half the salt content of the Gulf of Mexico. 19,000 microsiemens is about 10 to 15 parts per thousand. The Gulf of Mexico is probably around 45,000 microsiemens. My understanding is this rainwater came in contact with salt materials and the dredge spoil and it can’t be treated as regular stormwater. The salinity is too high to put it into a creek and would be too high for freshwater organisms,” Tomasko said.
He added that he’s been in contact with Piney Point site manager Jeff Barath and trusts the information Barath’s provided him.
“I’ve been told this is something they’ve done for a decade without any problems. I haven’t seen a lab report, but he told me the nitrogen levels in this water were not a concern. I’ve been told this is not the liquid fertilizer that was discharged last time,” Tomasko said. “What was discharged last time was more than 200 million gallons at a concentration of nitrogen 10 times higher than the worst wastewater treatment plant in our watershed.”
The salinity-infused Piney Point stormwater will be discharged into Tampa Bay at Port Manatee. – Joe Hendricks | Sun
“It’s disappointing that they’re having to discharge again. It reiterates the fact that our backs were against the wall when it came to a solution and the deep well was our only option,” County Commission Chairman Kevin Van Ostenbridge said regarding the pending water discharge.
PALMETTO – The environmentally unstable Piney Point site will be closed by December 2024, according to a plan approved by the Florida Department of Environmental Protection (FDEP) on March 30.
One year ago, FDEP authorized the emergency discharge of 215 million gallons of wastewater from the former phosphate plant into Tampa Bay to avoid a potential flood after a leak was discovered in the waste storage system. 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 a new report released by 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, according to the report.
Piney Point receiver Herbert Donica, of Tampa-based Donica Receivership Services, recommended a phased approach to closing the Piney Point wastewater holding ponds built on the crest of phosphogypsum stacks less than two miles from Tampa Bay, near two state aquatic preserves.
Since the leak was repaired, more than 19 million gallons of wastewater have been removed from the site by trucking and piping it to nearby wastewater facilities, and a system of spray nozzles continues to accelerate evaporation. About 265 tons of nitrogen and 240 tons of phosphate have been removed from the wastewater onsite, according to FDEP.
State environmental officials issued a permit in December for Manatee County to build a deep injection well to hold the remaining 258 million gallons of wastewater in the gyp stacks, which prompted a lawsuit by The Center for Biological Diversity, Tampa Bay Waterkeeper, Suncoast Waterkeeper, ManaSota-88 and our Children’s Earth Foundation against Piney Point owner HRK Holdings LLC, Gov. Ron DeSantis, FDEP Secretary Shawn Hamilton and the Manatee County Port Authority to stop the well. The case has been stayed until Oct. 17.
The 3,300-foot-deep well is under construction near Piney Point at 3105 Buckeye Road and is expected to be completed by next spring.
Once all wastewater is removed from the ponds, fill material will be added to the gyp stacks with a 2-foot-thick soil and vegetative cover system that will be sloped to enable runoff of rainwater into the existing stormwater management system, according to the plan.
Meanwhile, repairs are ongoing at a new leak discovered in January in a wastewater pond liner.
“There continues to be no indication of any concern with the integrity or stability of the stack system,” according to an April 1 FDEP report.
PALMETTO – The Florida Department of Environmental Protection (FDEP) is scrutinizing proposed engineering plans to close wastewater ponds at Piney Point.
The agency is requesting more information from the court-appointed receiver assigned to oversee the permanent closure of the former phosphate plant, which dumped 215 million gallons of contaminated water into Tampa Bay a year ago.
The wastewater was stored in a pond dug into the top of an eight-story-tall gypsum stack that FDEP officials feared could collapse and flood surrounding homes and businesses. The pond’s capacity was roughly 500 million gallons of contaminated water.
FDEP approved the March and April discharge, which spread throughout Tampa Bay and Sarasota Bay. The water contained nitrogen and phosphorus pollution, which worsened a bloom of the toxic algae red tide that lasted from April to November, causing fish kills and respiratory irritation.
The state agency last week asked Piney Point receiver Herbert Donica for more details on how the contaminated water remaining in the stack system will be moved to a deep injection well, and how the stormwater management system is expected to perform.
The 3,300-foot-deep well is now under construction near the plant at 3105 Buckeye Road and is expected to be completed by next spring.
FDEP officials issued a permit in December for Manatee County to build the well despite objections from five environmental groups that sued Piney Point owner HRK Holdings LLC, Gov. Ron DeSantis, the Manatee County Port Authority and FDEP, citing the potential for contaminating underground drinking water in the Floridan aquifer. The suit was filed in the U.S. District Court for the Middle District of Florida in Tampa. The case is pending as the judge considers FDEP’s motion to dismiss the case.
Meanwhile, work continues to stop a new leak discovered in January in one of the gyp stacks on the site. The source of the leak has been identified, according to FDEP, which reports that workers plan to deploy a larger box structure over the existing box structure they are using to filter the water and increase visibility so repairs can continue.
There is no indication of any concern with the integrity or stability of the stack system, according to last week’s FDEP report.
PALMETTO – Workers continue to search for leaks identified last month in a gypsum stack storing contaminated water at the former phosphate plant at Piney Point.
Contractors deployed a device last week designed to remove mud and silt, clearing the water so workers can find and repair the leaks more easily, according to a Florida Department of Environmental Protection report.
Piney Point’s court-appointed receiver also has authorized the use of a new system to maximize water evaporation from the wastewater storage pond in the leaking stack to lower water levels.
FDEP reported on Jan. 5 that three leaks in the stack were seeping less than three gallons of water per minute combined. Scuba divers and other workers identified the source of one leak using hydrophone surveys, sonar work and dye trace studies.
Leaking water is being pumped back into the storage pond on top of the gyp stack, according to the agency’s most recent report, which states, “There continues to be no indication of any concern with the integrity or stability of the stack system, and there are no offsite discharges occurring at this time.”
A leak in March 2021 resulted in FDEP approving the dumping of 215 million gallons of contaminated water into Tampa Bay to prevent flooding of homes and businesses in the event of the stack’s collapse. The contaminated water discharged in March and April spread throughout Tampa Bay and Sarasota Bay, transporting nitrogen and phosphorus that worsened a bloom of the toxic algae red tide that lasted from April to November, causing fish kills and respiratory irritation. Since then, about 265 tons of nitrogen and 240 tons of phosphate have been removed from the wastewater ponds as a precaution.
The contaminated water at Piney Point eventually will be injected into a 3,300-foot-deep well now under construction at 3105 Buckeye Road. The FDEP issued a permit in December for Manatee County to build the well despite objections from five environmental groups concerned about the potential for contaminating underground drinking water in the Floridan aquifer.
PALMETTO – Three more leaks from an unknown source have emerged in one of the gypsum stacks holding contaminated water at the closed Piney Point phosphate plant.
The Florida Department of Environmental Protection (FDEP) reports that the leaks, discovered on Jan. 5, are “low-volume,” seeping less than three gallons of water per minute combined.
A more serious leak in March 2021 resulted in FDEP approving the dumping of 215 million gallons of contaminated water into Tampa Bay to prevent flooding of homes and businesses in the event the stack might collapse. The contaminated water discharged in March and April spread throughout Tampa Bay and Sarasota Bay, transporting nitrogen and phosphorus that spurred a bloom of the toxic algae red tide that lasted from April to November, causing fish kills and respiratory irritation.
Since then, about 265 tons of nitrogen and 240 tons of phosphate have been removed from the Piney Point wastewater ponds as a precaution.
“Currently, there is no indication of any concern with the integrity or stability of the stack system, and there will be no offsite discharges at this time,” according to the FDEP’s report. “Seepage volume remains low and is completely contained within the on-site lined stormwater management system.”
If the leak worsens, the leaked wastewater will be pumped back into the pond on top of the gyp stack, according to FDEP, whose engineers and regulatory staff are coordinating with contractors to determine the cause and source of the leak.
The current storage capacity for additional rainfall at the site is approximately 18.3 inches, FDEP reports. Expected rainfall through the end of May 2022 is approximately 15 inches.
The wastewater eventually will be injected into a deep well now under construction at 3105 Buckeye Road. The FDEP issued a permit in December for Manatee County to build the 3,300-foot-deep well, despite objections from five environmental groups concerned about the potential for contaminating underground drinking water in the Floridan aquifer.
PALMETTO – The Florida Department of Environmental Protection (FDEP) has issued a permit for Manatee County to build a 3,300-foot-deep well to permanently store wastewater from the Piney Point phosphate plant.
The well, already staged for construction at 3105 Buckeye Road, will store treated phosphate processing water, according to Manatee County officials, who announced the Dec. 16 state approval in a press release.
The contaminated water is currently stored in ponds on top of phosphogypsum stacks, one of which is structurally unsound. The potential for the stack’s collapse and the potential flooding of area homes and businesses led FDEP to approve the dumping of 215 million gallons of untreated wastewater into Tampa Bay in March and April. The contaminated water spread throughout Tampa Bay and Sarasota Bay, transporting nitrogen and phosphorus that spurred a red tide bloom lasting from April to November, causing fish kills and respiratory irritation.
When the water is removed from the stacks and injected into the well, the stacks are expected to be re-lined, capped and topped with soil and sod, according to the press release.
“This project is one critical element of the necessary water disposal that will enable the ultimate closure of the Piney Point facility once and for all, eliminating the threat from this site to the environment and the community permanently,” according to the press release.
The county applied in April for the permit to build both a storage well and a test well of up to 950 feet deep to monitor drinking water; the permit application states that drinking water in the Floridan aquifer at the site is located about 900 feet underground. The county’s application to build both wells meets all applicable regulations for the protection of groundwater and the environment, according to an FDEP press release, which noted that its review included more than 7,000 public comments.
Opposition persists
Among those opposed are five environmental organizations that notified the county on Sept. 30 that they intend to sue the county over the plan.
The Center for Biological Diversity, Tampa Bay Waterkeeper, Suncoast Waterkeeper, ManaSota-88 and our Children’s Earth Foundation have not yet filed the lawsuit.
“However, if we are able to prove the wastewater to be injected is hazardous, we will likely revisit the deep well injection permit,” said Glenn Compton, chairman of ManaSota-88 Inc. “Whether we can prove the wastewater is hazardous or not will depend on the courts allowing us to get onsite and take samples. Thus far, we do not have the court’s approval to go on-site to sample.”
The groups previously sued Piney Point owner HRK Holdings LLC, Gov. Ron DeSantis, FDEP Secretary Shawn Hamilton and the Manatee County Port Authority in June over the wastewater dumping earlier this year. A hearing is scheduled on Jan. 26, 2022, in the U.S. District Court for the Middle District of Florida in Tampa on motions to dismiss the complaints against the four defendants, who have asked the court for an extension of time at least until Feb. 4, 2022.
HRK defaulted in a separate lawsuit filed by FDEP in August asking the 12th Judicial Circuit Court in Manatee County for injunctive relief to prevent any more discharges of wastewater from Piney Point, and claiming that HRK failed to safely operate the gyp stacks to protect surface and groundwater.
HRK has been in receivership since August; it also is in bankruptcy and is the subject of a repossession.
Fast-tracked permit
The April permit request by Manatee County was approved in draft form on Sept. 1 by FDEP, which completed its review by Nov. 24, issuing the permit on Dec. 16, when county officials announced in a press release that “Crews are already working to prepare for the drilling of the deep well,” expected to be completed by late 2022.
“We will proceed expeditiously to see this fully operational as soon as possible,” County Administrator Dr. Scott Hopes said in the press release.
“Emergency funding from the state of Florida is helping pay for the fast-tracked plans, with millions of dollars earmarked for the cleanup and closure,” according to the press release.
Six other deep-well injection sites exist in Manatee County – one operated privately, one operated by the city of Bradenton and four operated by Manatee County.
“This is a proven technology,” county Utilities Director Mike Gore said in a press release. “It’s been a tried and true method to safely dispose of effluent for over three decades.”
