BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
In re:
EMERGENCY AUTHORIZATION TO THE
RECEIVER ALLOWING FOR THE DISCHARGE
OF TREATED PROCESS WASTEWATER FROM
THE PINEY POINT PHOSPHATES, INC.
PROCESS WATER SYSTEM
___________________________________________/
CASE NO. 01-1650
DEP01-1013
EMERGENCY FINAL ORDER
Under Sections 120.569(2)(n), 373.026(7), and 373.119(2) of the Florida Statutes, and rule 62-110.107(2) of the
Florida Administrative Code, the State of Florida Department of Environmental Protection (Department) enters the
following Emergency Final Order, including findings of fact and conclusions of law in response to excessive water
inventories at the Piney Point Phosphates, Inc. phosphogypsum stack system ("Piney Point"). The excessive water
inventories at Piney Point resulted from extremely high levels of rainfall and localized flooding in the Piney Point Creek
drainage basin, which occurred on September 14 and 15, 2001, in Manatee County as a result of Tropical Storm Gabrielle
and subsequent rain storms during September of 2001.
DEFINITIONS
The terms used in the Order are those defined generally in Title 62 of the Florida Administrative Code (F.A.C.).
FINDINGS OF FACT
1. Piney Point is located on U. S. Highway 41 North in Palmetto, Florida. Piney Point is an inactive phosphatic
fertilizer chemical processing plant. Due to bankruptcy, the owner informed the Department that they could no longer
maintain the site, and would be abandoning it. The emergency situation created by the owner forced the Department to
assume temporary control of the site to prevent an environmental catastrophe, Subsequently, the Department asked for
and was granted the appointment of a Receiver by state court. The Receiver was assigned the responsibility of managing
the environmental issues at Piney Point. Piney Point has over a billion gallons of acidic process water stored within
phosphogypsurn stacks, cooling ponds and ditches, collectively called the phosphogypsum stack system (System). The
Receiver is neither an owner nor operator of Piney Point but has the sole duty to manage the environmental risks at the
Piney Point phosphogypsum stack system.
2. Prior to Tropical Storm Gabrielle, the Receiver had increased the storage capacity of the Piney Point
phosphogypsurn stack system sufficiently to exceed the storage requirements established by Chapter 62-672, F.A.C.
However, Tropical Storm Gabrielle generated over eleven inches of rain on the site and caused localized flooding and
stormwater runoff to overtop the perimeter seepage collection ditches. Together with an additional seven inches of rain
during the remainder of the month of September 2001, the 18+ inches of rain substantially reduced the available storage
capacity within the Piney Point phosphogypsum stack system through both rain falling on site and stormwater entering the
site from upstream. As of September 16, 200 1, the Piney Point phosphogypsurn stack system had sufficient capacity to
accommodate less than three additional inches of rain. Prior to this tropical storm the Piney Point phosphogypsum stack
system had the capacity to accommodate approximately 15 inches of rain.
3. The Department finds that this accumulation of rainfall has created a state of emergency at Piney Point. The
excessive rainfall has accumulated at a rate that far exceeds the safe storage and management capabilities of the facility.
This has created a condition that has the potential to cause an overtopping or failure of a process water dam, resulting in
an uncontrolled release into waters of the state.
4. An uncontrolled and untreated release of the process water from Piney Point would discharge into Buckeye
Road Ditch and then to Bishop's Harbor. The effects of such an event would be devastating to the ecosystem, would
create a risk to the public health and welfare, and would result in severe property damage.
5. Appropriate treatment and controlled release of the excess process water would be both feasible to do at once
and adequate to alleviate the emergency situation. The treatment requires fresh water to both raise the pH of the process
water and dilute the discharge. There is no adequate means to treat and discharge the process water without using fresh
water.
6. Based on the conditions described above, the Department has determined that the potential for disaster and
imminent harm to the environment exists at Piney Point and emergency measures to relieve such conditions must be
taken to restore the Piney Point phosphogypsurn stack system to a safe operating status.
CONCLUSIONS OF LAW
7. Section 120.569(2)(n) of the Florida Statutes gives the Department the authority to issue an Emergency Final
Order if, as agency head, I find that an immediate danger to the public health, safety, or welfare so requires and the Order
recites with particularity the facts underlying that conclusion.
8. Section 373.119(2), of the Florida Statutes gives the water management districts the authority to issue an
Emergency Order if the Executive Director finds an emergency exists that requires immediate action to protect the public
health, safety or welfare. Section 373.026(7) of the Florida Statutes gives the Department the authority to exercise any
powers authorized to be exercised by the water management districts.
9. Rule 62-110.107(2) of the Florida Administrative Code authorizes the Department to enter an emergency order
when it determines that immediate action is necessary to abate an imminent or currently existing serious threat to the
public health, safety, welfare, or the environment.
10. Based on the findings recited above, I find and conclude that the emergency caused by the extreme weather
conditions requires an immediate Order of the Department to protect the public health, safety, and welfare and the
environment.
THEREFORE, IT IS ORDERED:
11. Receiver shall operate the process water treatment system in a manner that ensures that the wastewater
discharged shall receive the treatment necessary to minimize adverse impacts to the environment.
(a) The Receiver shall treat the process water with lime to a minimum pH of 5.5. The treated process water shall be
impounded on site prior to discharge and the pH monitored in the impoundment to ensure that the minimum pH level is
being attained prior to discharge.
(b) The Receiver shall discharge treated process water into Buckeye Road ditch at a rate sufficient to maintain the integrity
of the process water dams and to prevent a spill of untreated process water into waters of the state. The treated process
water shall be discharged at rates lower than the planned nominal rate during the first week to provide the opportunity to
evaluate and adjust the parameters for treating and discharging. The discharged process water shall be diluted with
enough fresh water to assist in minimizing the impacts.
(c) The Receiver shall monitor the discharge as follows: i) flow, pH, temperature, conductivity, and dissolved oxygen to be
monitored on a daily basis, ii) total ammonia nitrogen, un-ionized ammonia, fluoride, total nitrogen and total phosphorus to
be monitored on a weekly basis, and iii) a daily visual inspection of the receiving water (Buckeye Road ditch and Bishops
Harbor) to determine if the discharge has resulted in the damage or mortality to flora or fauna.
(d) The Receiver shall submit a report summarizing all monitoring results once every 2 weeks to the Department's
Phosphate Management Office.
(e) The Receiver shall notify the Department immediately of any damage or mortality of flora or fauna. In circumstances
where damage or mortality to flora or fauna is observed, the Receiver shall continue pumping freshwater at the highest
practicable rate.
(f) The Receiver is authorized to withdraw up to 1.5 million gallons of fresh water per day from the wells located at Piney
Point to facilitate the treatment and dilute the discharge.
12. The Department issues this Emergency Final Order solely to address the emergency created by the rainfall
accumulations as previously described. This Order does not authorize any activity other than that which is specifically
outlined above.
13. This Emergency Final Order shall take effect immediately upon execution by the Secretary of the Department,
and shall expire in 120 days from the date of execution set forth below, unless modified or extended by further order.
NOTICE OF RIGHTS
Any party adversely affected by this Emergency Final Order is entitled to judicial review under section 120.68 of
the Florida Statutes. The Florida Rules of Appellate Procedure govern the review proceedings. Such proceedings are
commenced by filing one copy of a notice of appeal with the Agency Clerk of the Department of Environmental Protection
and a second copy, accompanied by filing fees prescribed by law, with the First District Court of Appeal or with the district
court of appeal in the appellate district in which the party resides. The notice of appeal must be filed within thirty days of
rendition
of the Order to be reviewed.
DONE AND ORDERED ON THIS 16th day of October 200 1, in Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
_______________________________
DAVID B. STRUHS
Secretary
3900 Commonwealth Boulevard
Tallahassee, FL 32399-3000