Conservation groups launch Piney Point lawsuit, alleging neglect at contaminated site
A new lawsuit alleges that state officials, Piney Point operators and others violated several federal laws when the former phosphate plant spilled 215 million gallons of contaminated water earlier this year.
In a joint press release, a host of environmental groups announced the lawsuit Tuesday morning, accusing officials of neglect and mismanagement at Piney Point. They said the leaders in charge of the contaminated site should have resolved the problem decades ago.
“Phosphate companies have had over 70 years to figure out a way to dispose of the radioactive gypsum wastes in an acceptable manner, but they have yet to do so. The need to protect human health and the environment must take precedence over any theoretical economic burden of pollution control,” said Glenn Compton, chairman of the ManaSota-88, Inc. conservation organization.
Sitting along Tampa Bay near Manatee County’s border with Hillsborough County, Piney Point is a phosphate plant that was abandoned in 2001 when the former owners, Mulberry Corp., filed for bankruptcy. The Florida Department of Environmental Protection became responsible for the site before selling it to HRK Holdings, LLC in 2006.
Since then, HRK has been responsible for the long-term care of the site, which still held hundreds of millions of gallons of contaminated water. While the gypsum stacks take up the majority of the 676-acre property, HRK makes money by leasing out the other areas to companies in need of industrial warehouse space.
A large amount of water is required to manufacture phosphate. That water helps run the machinery but absorbs nutrients that can be harmful to the environment. The result, known as process water, needs to be cleaned before it can be released into local waterways.
At Piney Point — and other gypsum stacks throughout Florida — that process water sits on top of huge mounds called gypsum stacks. Gypsum is a slightly radioactive byproduct of phosphate processing that cannot be used for any other purpose. The gypsum is covered with thick plastic liners that hold large ponds of process water and prevent contamination.
But in March, HRK’s site operators at Piney Point found a leak in the largest pond on the site, which held roughly 480 million gallons of water at the time. Facing an emergency situation that could have resulted in a full breach and a 20-foot wall of water, FDEP approved an emergency order allowing HRK to dump the contaminated water into Tampa Bay.
The lawsuit alleges that FDEP, HRK and the Manatee County Port Authority violated the Clean Water Act, the Resource Conservation and Recovery Act and the Endangered Species Act.
According to the lawsuit notice letter, the port was named in the suit because of its agreement to store dredge material in one of the ponds at Piney Point as part of a berth expansion project. That arrangement led to a 170 million gallon leak in 2011.
A Bradenton Herald investigation found that Piney Point staff reported the leaking pond’s liner to FDEP several times between July and December after finding “critical condition tears” that had since been repaired. Engineers said a liner tear near the bottom of the pond caused the leak earlier this year.
“When environmental agencies are asleep at the wheel, average citizens have to step up to do the work of government. One of the tragedies of Piney Point is that it could and should have been avoided — Florida officials saw this coming and still failed to act,” said Annie Beaman, co-executive director of Our Children’s Earth Foundation. “Once again, the Tampa Bay environment is suffering. The public and our ecosystems will bear the brunt of this toxic pollution.”
Reached for comment Tuesday afternoon, an FDEP spokeswoman declined to comment on the pending litigation. Instead, the agency highlighted its ongoing efforts to hold HRK accountable by monitoring any impact that the emergency release has on the environment.
“While we cannot comment on pending litigation, what I can tell you is the department is committed to holding HRK Holdings Inc. and all involved parties accountable for this event, as well as ensuring the closure of this site once and for all so that this is the final chapter of Piney Point,” FDEP Deputy Press Secretary Alexandra Kuchta wrote in an email to the Bradenton Herald.
Virginia Zimmermann, Port Manatee’s director of communications and public affairs, also declined to comment, noting that the port had “turned the matter over to legal counsel.”
An HRK spokesperson did not immediately respond to a request for comment Tuesday afternoon.
In the days after the emergency release began, environmentalists said they were concerned about the impact the nutrient-rich water would have on marine life in Tampa Bay. The nutrients in process water are known to fuel harmful algae blooms that can have an adverse impact on fish, human health and the tourism industry.
The lawsuit notice letter reiterates those concerns, noting that an algae bloom could affect behavior patterns, feeding, shelter and other aspects of the marine ecosystem.
In a statement released in April, an HRK spokesperson said the company tried to warn the state about the situation but received little assistance. HRK blamed FDEP for failing to step in and resolve the situation.
“To insinuate that HRK has done anything other than what was required of and allowed by the State of Florida under authority of the numerous agreements and projects undertaken by the company is preposterous,” the spokesperson wrote.
Gov. Ron DeSantis, FDEP and the Florida Legislature have already committed to cleaning and closing the Piney Point site. Those efforts are already underway with innovative water treatment technology companies on-site to remove the harmful nutrients from the process water.
The Legislature approved $100 million to come up with a plan to close the site. Early estimates indicated that the full closure of the site could cost around $200 million, but officials are hopeful that the current funds will be enough to get the job done.
Once the water has been treated, the county plans to put the water into a deep injection well that will send it 2,000 feet below ground. Manatee County officials will own and operate the well, allowing them to determine the water quality standard before the water enters the well.
This story was originally published May 18, 2021 at 1:36 PM.
