Piney Point crisis leads DeSantis, state leaders to put together a full closure plan

Apr. 13—MANATEE — After an environmental disaster and a directive from Gov. Ron DeSantis, state leaders say they're committed to closing Piney Point.

The former phosphate processing plant had Manatee County on pins and needles after site operators discovered a leak in a pond that threatened to collapse and send 480 million gallons of contaminated water rushing out in a massive flood event.

In a news briefing Tuesday morning, DeSantis said he was directing the Florida Department of Environmental Protection to put together a plan to permanently close the site, putting an end to a problem 20 years in the making.

"I've requested DEP's team of engineers and scientists, who obviously played an important role in this response effort, to develop plans for the permanent closure of this site, including identifying necessary resources to do so," DeSantis announced. "This will ensure the state is moving forward with a thoughtful, scientific plan toward closure to avoid another chapter in this long history."

Piney Point has been under the FDEP's jurisdiction ever since previous owners abandoned the site in 2001. Since then, FDEP has been tasked with working toward a solution. In 2006, HRK Holdings, LLC, the current property owners, purchased the site from FDEP under an agreement that said both parties would continue working toward clearing the hazardous material still stored on the 676-acre industrial site.

Speaking with the media, FDEP Secretary Noah Valenstein said he didn't understand why his predecessors approved that deal in the first place.

"I think everyone scratches their head," he said. "What made sense with having HRK come in and do this more than a decade ago? How did that happen? The more I learn, the less I understand that, so certainly that's being looked at."

When Mulberry Corp. abandoned the phosphate plant 20 years ago, they left behind millions of gallons of process water. Process water, which helps runs the equipment, becomes rich in nutrients that can be harmful to the environment. That water must be treated and cleaned before it can be released back into the environment.

But when site operators discovered a leak in one of the ponds, FDEP approved an emergency final order allowing them to pump that water into Tampa Bay as quickly as possible. The location of the leak ran the risk of destabilizing the gypsum stacks that the water sits on top of, which could have breached the wall and send a 20-foot surge of water into the area.

Gypsum is a slightly radioactive byproduct of phosphate processing. Because it cannot be used for anything else, the leftover gypsum at Piney Point forms an 80-foot-tall hill, which the process water ponds sit on top of at Piney Point.

The first step in closing the site, DeSantis said, is getting rid of that process water. There are already two companies on-site working to clean the 221 million gallons of water that are still in the pond that began leaking on March 25.

According to DeSantis, those companies are working on a $15.4 million contract to finish emptying the pond. They are using innovative technology that can remove and recycle the nitrogen, phosphorous and ammonia that's in the water.

The governor's announcement was met with a mixed reaction by Earthjustice, a nonprofit organization dedicated to protecting the environment. In a statement provided Tuesday morning, a representative said they hoped to see the state go even further by planning for Florida's other phosphate sites as well.

"The state has to make adequate investment to clean the water, close the site and make commitments to regulation and enforcement that ensures we are never on the edge of a disaster like this again. This is a first step, and we need to see the follow-through before we celebrate," said Bonnie Malloy, an Earthjustice attorney.

"The DEP needs to investigate the other Florida phosphate waste sites and be proactive in managing this threat," Malloy continued. "At this point, there's no excuse for any of these phosphate facilities to escape scrutiny."

The Florida Legislature is also working to resolve Piney Point. State leaders say they hope to budget the estimated $200 million needed to close the site for good by the end of 2022. This year, leaders say they plan to approve and allocate half of those funds.

"We're looking forward to appropriating these dollars," Senate President Wilton Simpson, R-Trilby, said during the press conference.

Simpson added that the Legislature will continue working with FDEP throughout the year to finish that plan and determine the total cost. In the meantime, Manatee County officials are also moving ahead with their plan to build an underground injection well, also known as a deep well, on county-owned property just south of the site.

The Manatee Board of County Commissioners voted unanimously on April 6 to approve a resolution that allowed a hydrogeological firm to begin designing the well that will store pre-treated water from Piney Point about 3,500 below ground level. The county will own that well and will determine the water quality standards that have to be met before water is pumped into it.

Valenstein had previously committed to close off the gypsum stacks at Piney Point. In the midst of the crisis, he vowed to keep his staff at the former phosphate plant until they found a way to close them permanently.

Speaking on Tuesday, Valenstein reiterated those statements and also explained how the state will work to hold HRK accountable for the leak, which environmentalists fear will lead to a harmful algae bloom affecting human health and local tourism.

"The folks that you see behind here are remaining on-site to continue," Valenstein said, gesturing to FDEP teams working at the Piney Point site. "But we also have a team of attorneys back at Tallahassee that are making sure they take advantage of all the information we're collecting to then put together a case to hold HRK fully accountable."

While officials have repeated that they plan to hold HRK financially accountable by slapping the company with fines, that claim has come under scrutiny in light of HRK's bankruptcy. In response, Valenstein said state lawyers are preparing a legal case that may target the individuals in charge of the company.

"We have put together a team who's able to look at any corporate entities responsible and whether the facts that we collect allow us to identify any individuals associated with those. We look forward to making our case in court," he explained. "We are preparing as rigorous a legal team as you see on the ground with scientists and engineers to absolutely make certain that we are moving forward and putting every effort to hold folks accountable, regardless or not of particular corporations and circumstances."

___

(c)2021 The Bradenton Herald (Bradenton, Fla.)

Visit The Bradenton Herald (Bradenton, Fla.) at www.bradenton.com

Distributed by Tribune Content Agency, LLC.