Third Party Appointed To Oversee Piney Point Closure: FDEP

PALMETTO, FL — A judge ordered an independent third party to oversee the management and closure of the Piney Point site in Palmetto Wednesday, the Florida Department of Environmental Protection said.

The site, a former Palmetto phosphate fertilizer processing, experienced a significant wastewater reservoir breach in March and April. About 215 million gallons of contaminated water was pumped into Tampa Bay to alleviate pressure on the system.

The FDEP is concerned that rainfall could cause the reservoirs at the site to refill to capacity, potentially causing another major leak.

Since the beginning of June, Piney Point has received about 24.4 inches of rain, the agency said on its website dedicated to the site. The property is expected to see at least another nine inches by the end of September. The current capacity for additional rainfall is about 11 inches.

Earlier this month, the FDEP sued HRK Holdings, which owns Piney Point, "for injunctive relief, cost recovery, attorney's fees, damages, civil penalties in excess of $30,000," according to the agency's complaint against the company.

Because of the concerns about rainwater capacity, the FDEP filed for an emergency hearing in Manatee County's 12th Judicial Circuit Aug. 14, asking for a third party to take over management of the property.

“This was a pivotal step to ensuring this is the final chapter for the Piney Point site and (to) fulfill the agency’s charge and dedication to holding HRK accountable,” FDEP wrote on its Piney Point website. “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.”