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Tag: wastewater spill

Former Piney Point owner fined for 2021 dumping

Former Piney Point owner fined for 2021 dumping

Written by Leslie Lake on . Posted in Featured, Outdoors, Water Quality.

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.

Investigation into wastewater spill continues

Investigation into wastewater spill continues

Written by Leslie Lake on . Posted in Outdoors, Underwater.

BRADENTON – Following the release of more than a million gallons of partially treated wastewater from Bradenton’s water reclamation facility in February, the Florida Department of Environmental Protection (FDEP) is continuing its investigation, which could result in financial penalties to the city.

“While our investigation is still ongoing, early information from the facility indicates that approximately 1.2 million gallons of partially treated wastewater was released following an operational failure. Please note, this water had undergone partial treatment and was not raw sewage,” FDEP spokesperson Brian Humphreys wrote in a March 9 email to The Sun.

According to FDEP, shortly after noon on Feb. 28, the filter system at the city’s water reclamation facility at 1810 First St. W. had a blockage, causing the bypass of the water into the Manatee River. The bypass was closed at 5:10 p.m. and the river sampling was started. The river flows to the Intracoastal Waterway and the Gulf of Mexico.

“The overflow did reach the nearby Manatee River, so water quality samples were taken by the city of Bradenton to monitor any bacteria levels. Advisory signs were posted around the affected area. DEP is committed to enforcing Florida’s environmental laws and holding environmental polluters accountable,” Humphreys wrote.

A Feb. 29 City of Bradenton Instagram post stated the following:

“City of Bradenton’s Wastewater Treatment Facility faced an operational failure, leading to a 90-minute tank overflow due to blockages. A seized bypass valve was manually reopened, and the surrounding curb and gutter area on 17th Avenue, approximately 200 yards, swiftly returned to normal after cleaning and treatment. The city is investigating the system malfunction and collaborating with environmental agencies on discharge and drainage issues.”

“As part of our investigation, DEP issued a warning letter to help collect the necessary facts to determine any violations or necessary penalties or enforcement actions, and our regulatory review of their response is ongoing,” Humphreys wrote.

In that March 4 warning letter from FDEP Southwest District Director Kelley Boatwright to Dean Jones, director of the City of Bradenton Public Works and Utilities department, Boatwright wrote in part, “Please be advised that this warning letter is part of an agency investigation, preliminary to agency action in accordance with Section 120.57 (5), Florida Statutes. Violations of Florida Statutes or administrative rules may result in liability for damages and restoration, and the judicial imposition of civil penalties, pursuant to Sections 403.121 and 403.161, Florida Statutes.”

Boatwright’s letter also references previous unauthorized discharges.

“Additionally, during the months of January through February 2024, the department was notified by the City of Bradenton and the SWO (State Watch Office) that your facility had several unauthorized discharges or unpermitted SSOs (Sanitary Sewer Overflow) totaling approximately 19,970 gallons. These instances are in potential violation of Chapter 403, Florida Statutes, and Chapter 62-620, Florida Administrative Code.”