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Florida Department of Environmental Protection Letter On Piney Point Phosphogypsum Stack System
Florida Department of Environmental Protection Letter On Piney Point Phosphogypsum Stack System
Governor
In the Matter of an
Application for Permit by:
The Department of Environmental Protection gives notice of its preparation of a draft permit (copy
attached) for the proposed project as detailed in the application specified above, for the reasons
stated below.
The applicant, Donica Receivership Services, LLC (Receiver), submitted an updated application
on September 21, 2022, to the Department of Environmental Protection for a permit to operate and
perform long-term care activities for an existing 393-acre phosphogypsum stack system which
would discharge non-contact stormwater to Buckeye Road Ditch through two outfalls; discharge
non-contact stormwater to Scale Avenue Ditch; and inject process wastewater to a separately
permitted Class I underground injection well which discharges to Class G-IV groundwater (UIC
Permit No. 0322708-002-UC/1I). The facility is located at latitude 27o 37' 45.8924" N, longitude
82o 31' 51.1401" W, on 13500 Scale Avenue, Palmetto, Florida 34221 in Manatee County.
The Piney Point Phosphogypsum Stack System discharges non-contact stormwater through
outfalls D-001 and D-003 via Buckeye Road Ditch, Class III Fresh Waters, to Bishop Harbor, a
Class II marine estuary (WBID# 1797B) and ultimately to Tampa Bay (Lower North Segment), a
Class II marine estuary (WBID# 1558BZ); discharges non-contact stormwater through outfall D-
002 via Scale Avenue Ditch, Class III Fresh Waters, to Piney Point Creek, a Class III marine
estuary (WBID# 1789) and ultimately to Tampa Bay (Middle Segment), a Class II marine estuary
(WBID# 1558B); and has the potential to discharge stormwater and process water to ground water,
Class G-II ground water. Rule 62-302, Florida Administrative Code (F.A.C) requires that Numeric
Nutrient Criteria to be applied to all surface water discharges, Rule 62-520, F.A.C requires that
the discharge to ground water shall not exceed the maximum allowable ground water standards at
the edge of zone of discharge. As a result, this permit is accompanied by a proposed Administrative
Piney Point Phosphogypsum Stack System
FL0000124-006-IW1S/NR
Page 2
Order (AO-001SWPM23) pursuant to paragraphs 403.088(2)(e) and (f), Florida Statutes, for
requirements related to the discharge of non-contact stormwater for a period necessary to evaluate
and establish site specific surface water limits for nutrients, and evaluate existing conditions to
update create a comprehensive ground water monitoring plan; and which will require the facility
to modify existing closure works or their operation, including existing subsurface seepage and
ground water collection drains, or implement additional closure controls, as required to protect
ground waters in accordance with Chapter 62-520 and Rule 62-673.610, F.A.C.
The Department has permitting jurisdiction under Chapter 403, Florida Statutes (F.S.), and
applicable rules of the Florida Administrative Code (F.A.C.). The project is not exempt from
permitting procedures. The Department has determined that a wastewater permit is required for
the proposed work.
Based upon the application and supplemental information, the Department has determined that the
applicant has provided reasonable assurance that the above described wastewater project complies
with the applicable provisions of Chapter 403, F.S., and Title 62 of the F.A.C.
Under Section 403.815, F.S., and Rule 62-110.106, F.A.C., you (the applicant) are required to
publish at your own expense the enclosed Notice of Intent to Issue Permit. The notice must be
published one time only within 30 days of receipt of this intent to issue in the legal ad section of a
newspaper of general circulation in the area affected. For the purpose of this rule, "publication in
a newspaper of general circulation in the area affected" means publication in a newspaper meeting
the requirements of Sections 50.011 and 50.031, F.S., in the county where the activity is to take
place. Where there is more than one newspaper of general circulation in the county, the newspaper
used should be one with significant circulation in the area that may be affected by the permit. If
you are uncertain that a newspaper meets these requirements, please contact the Department at the
address or telephone number listed below. The applicant must provide proof of publication to the
Department's Division of Water Resource Management, Phosphate Management Program, 13051
N. Telecom Pkwy., Suite 101, Temple Terrace, Florida 33637-0926, or via electronic
correspondence at [email protected] within two weeks of publication. Failure to
publish the notice and provide proof of publication within the allotted time may result in the denial
of the permit under Rule 62-110.106(11), F.A.C.
NOTICE OF RIGHTS
The Department intends to issue the permit with the attached conditions unless as a result of
public comment appropriate changes are made.
Administrative Code. The comments or request for a public meeting must contain the
information set forth below and must be received in the Department's Division of Water
Resource Management, Phosphate Management Program.
The comments or request for a public meeting must contain the following information:
(a) The commenter's name, address, and telephone number; the applicant's name and
address; the Department permit file number; and the county in which the project is
proposed;
(b) A statement of how and when notice of the Department's action or proposed action was
received;
(c) A statement of the facts the Department should consider in making the final decision;
(d) A statement of which rules or statutes require reversal or modification of the
Department's action or proposed action; and
(e) If desired, a request that a public meeting be scheduled, including a statement of the
nature of the issues proposed to be raised at the meeting.
If a public meeting is held, any person may submit oral or written statements and data at the
public meeting on the Department's proposed action. As a result of significant public comment,
the Department's final action may be different from the position taken by it in this draft permit.
If a public meeting is scheduled, the public comment period is extended until the close of the
public meeting. However, the Department may not always grant a request for a public meeting.
Therefore, written comments should be submitted within 30 days of publication of this notice,
even if a public meeting is requested.
Piney Point Phosphogypsum Stack System
FL0000124-006-IW1S/NR
Page 4
_________________________
John A. Coates, P.E.
Program Management Director
Division of Water Resource Management
Attachment(s):
1. Public Notice
2. Draft Permit No. FL0000124
3. Draft Administrative Order AO-001SWPM23
4. Draft Fact Sheet
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this document and all
attachments were sent on the filing date below to the following listed persons:
___________ 4-28-2023
Clerk Date
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF DRAFT PERMIT
The Department of Environmental Protection gives notice of its preparation of a draft permit to
Donica Receivership Services, LLC, Herbert Donica, 238 East Davis Boulevard, Suite 209 for
the Piney Point Phosphogypsum Stack System. This permit authorizes the permittee to operate
and perform long-term care activities for an existing 393-acre phosphogypsum stack system
which would discharge non-contact stormwater to Buckeye Road Ditch through two outfalls;
discharge non-contact stormwater to Scale Avenue Ditch; and inject process wastewater to a
separately permitted Class I underground injection well which discharges to Class G-IV
groundwater (UIC Permit No. 0322708-002-UC/1I). The facility is located at latitude 27o 37'
45.8924" N, longitude 82o 31' 51.1401" W, on 13500 Scale Avenue, Palmetto, Florida 34221 in
Manatee County. The Department has assigned permit file number FL0000124-006-IW1S/NR to
the proposed project.
The permit application file and supporting data are available for public inspection during normal
business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the
Department's Division of Water Resource Management, Phosphate Management Program, 13051
N Telecom Pkwy, Suite 101, Temple Terrace, Florida 33637-926, at phone number (813)470-
5913.
NOTICE OF RIGHTS
The Department intends to issue the permit unless as a result of public comment appropriate
changes are made.
The comments or request for a public meeting must contain the following information:
(a) The commenter's name, address, and telephone number; the applicant's name and
address; the Department permit file number; and the county in which the project is
proposed;
(b) A statement of how and when notice of the Department's action or proposed action was
received;
(c) A statement of the facts the Department should consider in making the final decision;
(d) A statement of which rules or statutes require reversal or modification of the
Department's action or proposed action; and
(e) If desired, a request that a public meeting be scheduled, including a statement of the
nature of the issues proposed to be raised at the meeting.
If a public meeting is held, any person may submit oral or written statements and data at the
public meeting on the Department's proposed action. As a result of significant public comment,
the Department's final action may be different from the position taken by it in this draft permit.
If a public meeting is scheduled, the public comment period is extended until the close of the
public meeting. However, the Department may not always grant a request for a public meeting.
Therefore, written comments should be submitted within 30 days of publication of this notice,
even if a public meeting is requested.
FLORIDA DEPARTMENT OF Ron DeSantis
Governor
STATE OF FLORIDA
INDUSTRIAL WASTEWATER FACILITY PERMIT
FACILITY:
Piney Point Phosphogypsum Stack System
13051 Scale Avenue
Palmetto, FL 34221
Manatee County
Latitude: 27°37' 45.8924" N Longitude: 82°31' 51.1401" W
This permit is issued under the provisions of Chapter 403, Florida Statutes (F.S.), and applicable rules of the Florida
Administrative Code (F.A.C.) and constitutes authorization to discharge to waters of the state under the Department’s
federally approved National Pollutant Discharge Elimination System (NPDES). This permit does not constitute authorization
to discharge wastewater to waters of the state other than as expressly stated in this permit. This permit is accompanied by an
Administrative Order, issued pursuant to paragraphs 403.088(2)(e) and (f), Florida Statutes. The Permittee’s compliance
with the Administrative Order, AO-001SWPM23, is a specific requirement of this permit. The Permittee is hereby authorized
to operate the facilities in accordance with the documents attached hereto and specifically described as follows:
FACILITY DESCRIPTION:
Piney Point Phosphogypsum Stack System Facilities: This permit includes the long-term care of the inactive phosphogypsum
stack system. The 393-acre phosphogypsum stack system which includes the south cooling pond system and the north
cooling pond system and associated lined stormwater ponds. Wastewater at this facility consists of an existing volume of
stored process water generated and used in the former fertilizer production process and the storage of Port Manatee dredge
material and transport water. The top of the inactive stack system is configured with four 80-mil lined compartments
designated as: New Gypsum Stack-North; New Gypsum Stack-South; Old Gypsum Stack-North; and Old Gypsum Stack-
South. Process water is stored in the New Gypsum Stack-North and stormwater is collected in the other three compartments.
Additionally, process wastewater is collected by below-grade seepage collection systems installed around the perimeter of the
inactive phosphogypsum stack system and former southeast portion of the inactive south cooling pond. The south lined pond
is used for collection of seepage and impacted groundwaters. Closure of the phosphogypsum stack system included
construction of a slurry wall to inhibit both the on-site movement of off-site groundwater and phosphogypsum stack seepage
from impacting off-site areas. All stormwater from the Thatcher and Mayo properties is collected in drains and ditches, and
then routed into the lined stormwater detention pond for eventual discharge through Outfall D-002.
WASTEWATER TREATMENT:
PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
The wastewater discharged from this facility consists of process wastewater and non-contact stormwater from industrial
activities and an inactive phosphogypsum stack system. Treatment and disposal of collected process waters and groundwater
seepage waters will be by: (a) Class I Underground Injection Control well owned and operated by the Manatee County
Utilities Department (UIC Permit Number: 0322708-002-UC/1I); (b) pre-treatment and discharge into the Manatee County
Utilities Department’s municipal sewer collection system; and/or (c) by means of a primary spray evaporation system located
in the New Gypsum Stack-North (NGS-N) along with secondary spray evaporation system located in the New Gypsum
Stack-South (NGS-S).
The Class I UIC well (IW-1) may operate consistent with the UIC Permit as issued to the Manatee County Utilities
Department. Discharge into the Manatee County Utilities municipal sewer system is contingent upon the conditions in the
Service Agreement between Manatee County Utilities Department and the Permittee, approved on November 28, 2022.
Attachment “A” shows the location of the Manatee County sewer meter for collection of treated process water from the
facility.
Non-contact stormwater is managed onsite and then discharged through Outfall D-001, D-002 or D-003. The lined
stormwater detention pond is designated for discharge of a 25-year/24-hour event storm and then multi-day drawdown from
the pond's underdrain system. Outfall D-002, shall be used to monitor the discharge of excess stormwater from the detention
pond.
REUSE OR DISPOSAL:
Surface Water Discharge D-001: An existing non-contact stormwater discharge, which is approximately 3-feet in length
and discharges at a height of approximately 1-foot, to Buckeye Road Ditch Class III Fresh Waters, then Bishops Harbor,
Class II Marine Waters (WBID# 1797B), and ultimately to Tampa Bay, Class II Marine Waters (WBID# 1558BZ). The point
of discharge is located approximately at latitude 27°37' 25" N, longitude 82°32' 19" W.
Surface Water Discharge D-002: An existing non-contact stormwater discharge, which is approximately 2.5-feet in length
and discharges at a height of approximately 1-foot, to Scale Avenue Ditch Class III Fresh Waters, and then Piney Point
Creek, Class III Marine Waters (WBID # 1789), and ultimately to Tampa Bay, Class II Marine Waters, (WBID# 1558B). The
point of discharge is located approximately at latitude 27°38' 5" N, longitude 82°32' 2" W.
Surface Water Discharge D-003: An existing non-contact stormwater discharge, which is approximately 2-feet in length
and discharges at a height of approximately 2-feet, to Buckeye Road Ditch Class III Fresh Waters, and then Bishops Harbor,
Class II Marine Waters (WBID# 1797B), and ultimately to Tampa Bay, Class II Marine Waters (WBID# 1558BZ). The point
of discharge is located approximately at latitude 27°37' 25" N, longitude 82°31' 54" W.
Ground Water Discharge: This facility has the potential for ground water discharges from any uncovered material storage
areas, and the lined and unlined areas of the phosphogypsum stack system. This facility is equipped with a ground water
monitoring well network to detect and measure impacts that may occur from the material storage areas and the entire
phosphogypsum stack system.
Underground Injection U-001: A new Class I UIC well permit issued to Manatee County Utilities Department (Permit
Number 0322708-002-UC/1I, WACS No. 101607) discharging to Class G-IV ground water. Underground Injection Well
System U-001 is located approximately at latitude 27°37' 16.6" N, longitude 82°31' 42.6" W.
IN ACCORDANCE WITH: The limitations, monitoring requirements and other conditions set forth in this Cover Sheet
and Part I through Part IX on pages 1 through 32 of this permit.
2
PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
1. During the period beginning on the effective date and lasting through the expiration date of this permit, the
permittee is authorized to discharge non-contact stormwater from Outfall D-001 to Buckeye Road Ditch. Such
discharge shall be limited and monitored by the permittee as specified below and reported in accordance with
Permit Condition I.D.3.:
3
PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
4
PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
*If Beryllium, Total Recoverable is not detected at or above the MDL for the test method used, the permittee shall
report "BDL" on the DMR. A value of one-half the effluent limit shall be used for that sample when necessary to
calculate an average for the parameter. Test methods used shall be in accordance with applicable Department rules,
including Rule 62-4.246 and Chapter 62-160, F.A.C., and Permit Condition I.D.1. For all other parameters not
detected at or above the MDL for the test method used, the DMR shall be completed following the directions in the
"Instructions for Completing the Wastewater Discharge Monitoring Report" attached to the DMR.
** Denotes parameters’ final limits to be established by the Department upon completion of the compliance schedule
in the administrative order AO-001SWPM23.
2. Effluent samples shall be taken at the monitoring site locations listed in Permit Condition I.A.1. and as described
below:
5
PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
3. During the period beginning on the effective date and lasting through the expiration date of this permit, the
permittee is authorized to discharge non-contact stormwater from Outfall D-002 to the Scale Avenue Ditch. Such
discharge shall be limited and monitored by the permittee as specified below and reported in accordance with
Permit Condition I.D.3.:
6
PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
7
PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
*If Beryllium, Total Recoverable is not detected at or above the MDL for the test method used, the permittee shall
report "BDL" on the DMR. A value of one-half the effluent limit shall be used for that sample when necessary to
calculate an average for the parameter. Test methods used shall be in accordance with applicable Department rules,
including Rule 62-4.246 and Chapter 62-160, F.A.C., and Permit Condition I.D.1. For all other parameters not
detected at or above the MDL for the test method used, the DMR shall be completed following the directions in the
"Instructions for Completing the Wastewater Discharge Monitoring Report" attached to the DMR.
** Denotes parameters’ final limits to be established by the Department upon completion of the compliance schedule
in the administrative order AO-001SWPM23.
4. Effluent samples shall be taken at the monitoring site locations listed in Permit Condition I.A.3. and as described
below:
5. During the period beginning on the effective date and lasting through the expiration date of this permit, the
permittee is authorized to discharge non-contact stormwater from Outfall D-003 to Buckeye Road Ditch. Such
discharge shall be limited and monitored by the permittee as specified below and reported in accordance with
Permit Condition I.D.3.:
8
PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
9
PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
10
PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
*If Beryllium, Total Recoverable is not detected at or above the MDL for the test method used, the permittee shall
report "BDL" on the DMR. A value of one-half the effluent limit shall be used for that sample when necessary to
calculate an average for the parameter. Test methods used shall be in accordance with applicable Department rules,
including Rule 62-4.246 and Chapter 62-160, F.A.C., and Permit Condition I.D.1. For all other parameters not
detected at or above the MDL for the test method used, the DMR shall be completed following the directions in the
"Instructions for Completing the Wastewater Discharge Monitoring Report" attached to the DMR.
** Denotes parameters’ final limits to be established by the Department upon completion of the compliance schedule
in the administrative order AO-001SWPM23.
11
PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
6. Effluent samples shall be taken at the monitoring site locations listed in Permit Condition I.A.5. and as described
below:
7. Interim Period: During the period beginning on the effective date and lasting through the compliance schedule
period granted by the administrative order AO-001SWPM23, the permittee shall be subject to the interim limit for
total nitrogen for the discharge of non-contact stormwater from Outfalls D-001, D-002 and D-003 to Tampa Bay.
Such discharges shall otherwise be limited and monitored by the permittee as specified below and reported in
accordance with Permit Condition I.D.3.:
8. Effluent samples shall be taken at the monitoring site locations listed in Permit Condition I.A.7. and as described
below:
9. The discharge shall not contain components that, alone or in combination with other substances or in combination
with other components of the discharge:
a. Settle to form putrescent deposits or otherwise create a nuisance; or
b. Float as debris, scum, oil, or other matter in such amounts as to form nuisances; or
c. Produce color, odor, taste, turbidity, or other conditions in such degree as to create a nuisance; or
d. Are acutely toxic; or
e. Are present in concentrations which are carcinogenic, mutagenic, or teratogenic to human beings or to
significant, locally occurring, wildlife or aquatic species, unless specific standards are established for such
components in subsection 62-302.500(2) or Rule 62-302.530, F.A.C.; or
f. Pose a serious danger to the public health, safety, or welfare.
[62-302.500(1)(a)1-6]
12
PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
10. Effluent shall be monitored for pH and temperature at the same time and location as total ammonia nitrogen
(TAN). The 30-day average TAN value shall not exceed the average of the values calculated from the following
equation, with no single value exceeding 2.5 times the value from the equation:
30 - day Average =
0.8876((0.0278/1+107.688-pH)+(1.1994/1+10pH-7.688)) x (2.126 x 100.028(20-MAX(T, 7)))
Where:
• T and pH are the paired temperature (°C) and pH associated with the TAN sample.
• For purposes of total ammonia nitrogen criterion calculations, pH is subject to the range of 6.5 to 9.0. The pH
shall be set to 6.5 if the measured pH is < 6.5 and set to 9.0 if the measured pH is > 9.0.
For convenience, a calculator that may be used to determine monthly average and single sample TAN criterion
values is located at: https://floridadep.gov/dear/water-quality-standards-program/documents/total-ammonia-
nitrogen-calculator%C2%A0
[62-302.530]
11. The total ammonia nitrogen (TAN) monthly average effluent value shall be recorded on the DMR in the
parameter row for "(effluent)." The calculated effluent limit shall be recorded on the DMR in the parameter row
for "(calculated limit)." Compliance with the effluent limitation is determined by calculating the difference
between the measured effluent value and the calculated. The compliance value shall be recorded on the DMR in
the parameter row for "(effluent minus calculated limit)." The compliance value shall not exceed 0.00. [62-
302.530]
12. To determine compliance with the total ammonia nitrogen (TAN) single sample effluent limitation, divide each
TAN effluent sample value by the calculated TAN criterion value for that sample (calculated using the equation in
permit condition I.A.10.) and compare to 2.5. On the DMR, report the greatest ratio of effluent sample value to
TAN criterion value calculated for that sample. The compliance value shall not exceed 2.5. [62-302.530]
The measured effluent value shall be recorded on the DMR in the parameter row for "Turbidity (effluent)." The
measured background value shall be recorded on the DMR in the parameter row for "Turbidity (background)" The
calculated effluent limit shall be recorded on the DMR in the parameter row for "Turbidity (calculated limit)."
Compliance with the effluent limitation is determined by calculating the difference between the measured effluent
13
PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
value and the calculated. The compliance value shall be recorded on the DMR in the parameter row for
"Turbidity (effluent minus calculated limit)." The compliance value shall not exceed 0.00. [62-302.530(70)]
14. The limit for "Specific Conductance" shall be 1.5 times the background value or 1275 umhos/cm, whichever is
greater.
The measured effluent value shall be recorded on the DMR in the parameter row for "Specific Conductance
(effluent)." The measured background value shall be recorded on the DMR in the parameter row for "Specific
Conductance (background)." The calculated effluent limit shall be recorded on the DMR in the parameter row for
"Specific Conductance (calculated limit)." Compliance with the effluent limitation is determined by calculating
the difference between the measured effluent value and the calculated. The compliance value shall be recorded on
the DMR in the parameter row for "Specific Conductance (effluent minus calculated limit)." The compliance
value shall not exceed 0.00. [62-302.530(22)]
15. The permittee shall comply with the following requirements to evaluate acute whole effluent toxicity of the
discharge from outfall D-001, D-002 and D-003.
a. Effluent Limitation
(1) In any routine or additional follow-up test for acute whole effluent toxicity, the 96-hour LC50 shall not
be less than 100% effluent. [Rules 62-302.200(1), 62-302.500(1)(a)4., 62-4.244(3)(a), and 62-4.241,
F.A.C.]
b. Monitoring Frequency
(1) Routine toxicity tests shall be conducted once every six months, the first starting within 60 days of the
effective date of this permit and lasting for the duration of this permit.
c. Sampling Requirements
(1) All tests shall be conducted on a single grab sample of final effluent.
d. Test Requirements
(1) Routine Tests: All routine tests shall be conducted using a control (0% effluent) and a minimum of five
dilutions: 100%, 75%, 50%, 25%, and 12.5% effluent.
(2) The permittee shall conduct 96-hour acute static renewal multi-concentration toxicity tests using the
daphnid, Ceriodaphnia dubia, and the bannerfin shiner, Cyprinella leedsi, concurrently.
(3) All test species, procedures and quality assurance criteria used shall be in accordance with Methods for
Measuring Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine
Organisms, 5th Edition, EPA-821-R-02-012. Any deviation of the bioassay procedures outlined herein
shall be submitted in writing to the Department for review and approval prior to use. In the event the
above method is revised, the permittee shall conduct acute toxicity testing in accordance with the revised
method.
(4) The control water and dilution water shall be moderately hard water as described in EPA-821-R-02-012,
Table 7.
e. Quality Assurance Requirements
(1) A standard reference toxicant (SRT) quality assurance (QA) acute toxicity test shall be conducted with
each species used in the required toxicity tests either concurrently or initiated no more than 30 days
before the date of each routine or additional follow-up test conducted. Additionally, the SRT test must be
conducted concurrently if the test organisms are obtained from outside the test laboratory unless the test
organism supplier provides control chart data from at least the last five monthly acute toxicity tests using
the same reference toxicant and test conditions. If the organism supplier provides the required SRT data,
the organism supplier's SRT data and the test laboratory's monthly SRT-QA data shall be included in the
reports for each companion routine or additional follow-up test required.
(2) If the mortality in the control (0% effluent) exceeds 10% for either species in any test, the test for that
species (including the control) shall be invalidated and the test repeated. The repeat test shall begin
within 14 days after the last day of the invalid test.
14
PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
(3) If 100% mortality occurs in all effluent concentrations for either species prior to the end of any test and
the control mortality is less than 10% at that time, the test (including the control) for that species shall be
terminated with the conclusion that the test fails and constitutes non-compliance.
(4) Routine and additional follow-up tests shall be evaluated for acceptability based on the concentration-
response relationship, as required by EPA-821-R-02-012, Section 12.2.6.2., and included with the
bioassay laboratory reports.
f. Reporting Requirements
(1) Results from all required tests shall be reported on the Discharge Monitoring Report (DMR) as follows:
(a) Routine Test Results: If an LC50 >100% effluent occurs in the test for the test species, ">100%"
shall be entered on the DMR for that test species. If an LC50 <100% effluent occurs, the calculated
LC50 effluent concentration shall be entered on the DMR for that test species.
(b) Additional Follow-up Test Results: For each additional test required, the calculated LC50 value shall
be entered on the DMR for that test species.
(2) A bioassay laboratory report for the routine test shall be prepared according to EPA-821-R-02-012,
Section 12, Report Preparation and Test Review, and mailed to the Department at the address below
within 30 days after the last day of the test.
(3) For additional follow-up tests, a single bioassay laboratory report shall be prepared according to EPA-
821-R-02-012, Section 12, and mailed within 30 days after the last day of the second valid additional
follow-up test.
(4) Data for invalid tests shall be included in the bioassay laboratory report for the repeat test.
(5) The same bioassay data shall not be reported as the results of more than one test.
(6) All bioassay laboratory reports shall be sent to:
Florida Department of Environmental Protection
Division of Water Resource Management, Phosphate Management Office
13051 N Telecom Parkway, Suite 101
Temple Terrace, Florida 33637-926
g. Test Failures
(1) A test fails when the test results do not meet the limits in 8.a.(1).
(2) Additional Follow-up Tests:
(a) If a routine test does not meet the acute toxicity limitation in 8.a.(1) above, the permittee shall notify
the Department at the address above within 21 days after the last day of the failed routine test and
conduct two additional follow-up tests on each species that failed the test in accordance with 8.d.
(b) The first test shall be initiated within 28 days after the last day of the failed routine test. The
remaining additional follow-up tests shall be conducted weekly thereafter until a total of two valid
additional follow-up tests are completed.
(c) The first additional follow-up test shall be conducted using a control (0% effluent) and a minimum
of five dilutions: 100%, 75%, 50%, 25%, and 12.5% effluent. The permittee may modify the dilution
series in the second additional follow-up test to more accurately bracket the toxicity such that at least
two dilutions above and two dilutions below the target concentration and a control (0% effluent) are
run. All test results shall be statistically analyzed according to the procedures in EPA-821-R-02-012.
(3) In the event of three valid test failures (whether routine or additional follow-up tests) within a 12-month
period, the permittee shall notify the Department within 21 days after the last day of the third test failure.
(a) The permittee shall submit a plan for correction of the effluent toxicity within 60 days after the last
day of the third test failure.
(b) The Department shall review and approve the plan before initiation.
(c) The plan shall be initiated within 30 days following the Department's written approval of the plan.
(d) Progress reports shall be submitted quarterly to the Department at the address above.
(e) During the implementation of the plan, the permittee shall conduct quarterly routine whole effluent
toxicity tests in accordance with 8.d. Additional follow-up tests are not required while the plan is in
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
progress. Following completion or termination of the plan, the frequency of monitoring for routine
and additional follow-up tests shall return to the schedule established in 8.b.(1). If a routine test is
invalid according to the acceptance criteria in EPA-821-R-02-012, a repeat test shall be initiated
within 14 days after the last day of the invalid routine test.
(f) Upon completion of four consecutive quarterly valid routine tests that demonstrate compliance with
the effluent limitation in 8.a.(1) above, the permittee may submit a written request to the Department
to terminate the plan. The plan shall be terminated upon written verification by the Department that
the facility has passed at least four consecutive quarterly valid routine whole effluent toxicity tests.
If a test within the sequence of the four is deemed invalid, but is replaced by a repeat valid test
initiated within 14 days after the last day of the invalid test, the invalid test will not be counted
against the requirement for four consecutive quarterly valid routine tests for the purpose of
terminating the plan.
(4) The additional follow-up testing and the plan do not preclude the Department taking enforcement action
for whole effluent toxicity failures.
[62-4.241, 62-620.620(3)]
16. The Total Maximum Daily Load for Total Nitrogen and Total Phosphorous shall be calculated from the monthly
average Total Nitrogen and Total Phosphorous concentrations.
The Annual Total shall be calculated as a 12-month rolling total based on the cumulative total tonnage discharged
during the reporting month plus the total tonnage discharged during the preceding 11 consecutive months.
The 5-year rolling average for total nitrogen and total phosphorous shall be calculated as the cumulative total
tonnage discharged during the reporting month plus the total tonnage discharged during the preceding 59
consecutive months, divided by 5, for total discharges from the Facility.
1. During the period beginning on the effective date and lasting through the expiration date of this permit, the
permittee is authorized to discharge Process Wastewater to Underground Well Injection System U-001. Such
discharge shall be limited and monitored by the permittee as specified below and reported in accordance with
Permit Condition I.D.3.:
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
2. Effluent samples shall be taken at the monitoring site locations listed in Permit Condition I.A.14.1. and as
described below:
3. Additional requirements for discharge to U-001 are established under Department UIC permit numbers 0322708-
002-UC/1I (WACS ID 101607). [62-620.610(3)]
1. The sample collection, analytical test methods, and method detection limits (MDLs) applicable to this permit shall
be conducted using a sufficiently sensitive method to ensure compliance with applicable water quality standards
and effluent limitations and shall be in accordance with Rule 62-4.246, Chapters 62-160 and 62-600, F.A.C., and
40 CFR 136, as appropriate. The list of Department established analytical methods, and corresponding MDLs
(method detection limits) and PQLs (practical quantitation limits), which is titled "FAC 62-4 MDL/PQL Table
(November 10, 2020)" is available at https://floridadep.gov/dear/quality-assurance/content/quality-assurance-
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
resources. The MDLs and PQLs as described in this list shall constitute the minimum acceptable MDL/PQL values
and the Department shall not accept results for which the laboratory's MDLs or PQLs are greater than those
described above unless alternate MDLs and/or PQLs have been specifically approved by the Department for this
permit. Any method included in the list may be used for reporting as long as it meets the following requirements:
a. The laboratory's reported MDL and PQL values for the particular method must be equal or less than the
corresponding method values specified in the Department's approved MDL and PQL list;
b. The laboratory reported MDL for the specific parameter is less than or equal to the permit limit or the
applicable water quality criteria, if any, stated in Chapter 62-302, F.A.C. Parameters that are listed as "report
only" in the permit shall use methods that provide an MDL, which is equal to or less than the applicable water
quality criteria stated in 62-302, F.A.C.; and
c. If the MDLs for all methods available in the approved list are above the stated permit limit or applicable water
quality criteria for that parameter, then the method with the lowest stated MDL shall be used.
When the analytical results are below method detection or practical quantitation limits, the permittee shall report
the actual laboratory MDL and/or PQL values for the analyses that were performed following the instructions on
the applicable discharge monitoring report.
Where necessary, the permittee may request approval of alternate methods or for alternative MDLs or PQLs for
any approved analytical method. Approval of alternate laboratory MDLs or PQLs are not necessary if the
laboratory reported MDLs and PQLs are less than or equal to the permit limit or the applicable water quality
criteria, if any, stated in Chapter 62-302, F.A.C. Approval of an analytical method not included in the above-
referenced list is not necessary if the analytical method is approved in accordance with 40 CFR 136 or deemed
acceptable by the Department. [62-4.246, 62-160]
2. The permittee shall provide safe access points for obtaining representative influent and effluent samples which are
required by this permit. [62-620.320(6)]
3. Monitoring requirements under this permit are effective on the first day of the second month following the
effective date of the permit. Until such time, the permittee shall continue to monitor and report in accordance with
previously effective permit requirements, if any. During the period of operation authorized by this permit, the
permittee shall complete and submit to the Department Discharge Monitoring Reports (DMRs) in accordance with
the frequencies specified by the REPORT type (i.e. monthly, quarterly, semiannual, annual, etc.) indicated on the
DMR forms attached to this permit. Unless specified otherwise in this permit, monitoring results for each
monitoring period shall be submitted in accordance with the associated DMR due dates below. DMRs shall be
submitted for each required monitoring period including periods of no discharge.
The permittee shall use the electronic DMR system approved by the Department (EzDMR) and shall
electronically submit the completed DMR forms using the DEP Business Portal at
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
https://www.fldepportal.com/go/, unless the permittee has a waiver from the Department in accordance with 40
CFR 127.15. Reports shall be submitted to the Department by the twenty-eighth (28th) of the month following the
month of operation.
[62-620.610(18)]
4. Unless specified otherwise in this permit, all reports and other information required by this permit, including 24-
hour notifications, shall be submitted to or reported to, as appropriate, the Department's Division of Water
Resource Management, Phosphate Management Office at the address specified below:
Phone Number - (813) 470-5913 (All e-mails (electronic communication) shall be followed by original copies.)
[62-620.305]
5. All reports and other information shall be signed in accordance with the requirements of Rule 62-620.305, F.A.C.
[62-620.305]
6. If there is no discharge from the facility on a day when the facility would normally sample, the sample shall be
collected on the day of the next discharge. [62-620.320(6)]
A. Construction Requirements
1. The permittee shall give at least 72-hour notice to the Department's Division of Water Resource Management,
Phosphate Management Office, prior to the installation of any monitoring wells. [62-520.600(6)(h)]
2. Before construction of new ground water monitoring wells, a soil boring shall be made at each new monitoring
well location to properly determine monitoring well specifications such as well depth, screen interval, screen slot,
and filter pack. [62-520.600(6)(g)]
3. Within 30 days after installation of a monitoring well, the permittee shall submit to the Department's Division of
Water Resource Management, Phosphate Management Office well completion reports and soil boring/lithologic
logs on the attached DEP Form(s) 62-520.900(3), Monitoring Well Completion Report. [62-520.600(6)(j) and
.900(3)]
4. All piezometers and monitoring wells not part of the approved ground water monitoring plan shall be plugged and
abandoned in accordance with Rule 62-532.500(5), F.A.C., unless future use is intended. [62-532.500(5)]
5. The permittee shall sample the following monitoring well(s): null for the primary and secondary drinking water
parameters included in Rules 62-550.310 and 62-550.320, F.A.C., (except for asbestos and all parameters in Table
5 of Chapter 62-550, F.A.C., other than Di(2-ethylhexyl) adipate and Di(2-ethylhexyl) phthalate). Results of this
sampling shall be submitted to the Department's Division of Water Resource Management, Phosphate
Management Office within 60 days after sampling. [62-520.600(5)(a)]
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
B. Operational Requirements
1. The ground water minimum criteria specified in Rule 62-520.400 F.A.C., shall be met within the zone of
discharge. [62-520.400 and 62-520.420(4)]
2. If the concentration for any constituent listed in Permit Condition III.B.7. in the natural background quality of the
ground water is greater than the stated maximum, or in the case of pH is also less than the minimum, the
representative background quality shall be the prevailing standard. [62-520.420(2)]
3. The permittee shall begin sampling ground water at the new monitoring wells identified in Permit Condition
III.B.4., and III.B.6. below in accordance with this permit and the approved ground water monitoring plan
prepared in accordance with Rule 62-520.600, F.A.C. [62-520.600]
4. The following background and intermediate monitoring wells shall be sampled as part of the Groundwater
Monitoring Plan:
[62-520.600]
5. The following parameters shall be analyzed for each monitoring well identified in Permit Condition III.B.4.
Compliance Well Monitoring
Parameter Limit Units Sample Type Frequency
Water Level Relative to NGVD Report ft In Situ Quarterly
Temperature (C), Water Report Deg C In Situ Quarterly
Specific Conductance Report µmhos/cm In Situ Quarterly
pH Report s.u. In Situ Quarterly
Turbidity Report NTU Grab Quarterly
Sodium, Total Recoverable Report mg/L Grab Quarterly
Fluoride, Total (as F) Report mg/L Grab Quarterly
Sulfate, Total Report mg/L Grab Quarterly
Nitrite plus Nitrate, Total 1 det. (as N) Report mg/L Grab Quarterly
Phosphate, Ortho (as P) Report mg/L Grab Quarterly
Solids, Total Dissolved (TDS) Report mg/L Grab Quarterly
Alpha, Gross Particle Activity Report pCi/L Grab Quarterly
Radium 226 + Radium 228, Total Report pCi/L Grab Quarterly
Arsenic, Total Recoverable Report ug/L Grab Quarterly
Cadmium, Total Recoverable Report ug/L Grab Quarterly
Chromium, Total Recoverable Report ug/L Grab Quarterly
Lead, Total Recoverable Report ug/L Grab Quarterly
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
[62-520.600(11)(b)]
6. The following compliance monitoring wells shall be sampled as part of the Groundwater Monitoring Plan:
[62-520.600(11)(b)]
7. The following parameters shall be analyzed for each monitoring well identified in Permit Condition III.B.6.
Compliance Well Monitoring
Parameter Limit Units Sample Type Frequency
Water Level Relative to NGVD Report ft In Situ Quarterly
Temperature (C), Water Report Deg C In Situ Quarterly
Specific Conductance Report umhos/cm In Situ Quarterly
pH 6.5-8.5 s.u. In Situ Quarterly
Turbidity Report NTU Grab Quarterly
Sodium, Total Recoverable 160 mg/L Grab Quarterly
Fluoride, Total (as F) 4.0 mg/L Grab Quarterly
Sulfate, Total Report mg/L Grab Quarterly
Nitrite plus Nitrate, Total 1 det. (as N) Report mg/L Grab Quarterly
Phosphate, Ortho (as P) Report mg/L Grab Quarterly
Solids, Total Dissolved (TDS) Report mg/L Grab Quarterly
Alpha, Gross Particle Activity 15 pCi/L Grab Quarterly
Radium 226 + Radium 228, Total 5 pCi/L Grab Quarterly
Arsenic, Total Recoverable 50 ug/L Grab Quarterly
Cadmium, Total Recoverable 5 ug/L Grab Quarterly
Chromium, Total Recoverable 100 ug/L Grab Quarterly
Lead, Total Recoverable 15 ug/L Grab Quarterly
[62-520.600(11)(b)]
8. The following piezometers shall be monitored to determine the performance of the soil bentonite cut-off wall
(slurry wall):
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
[62-520.600]
9. The following parameters shall be analyzed for each monitoring well identified in Permit Condition III.B.8.
Compliance Well Monitoring
Parameter Limit Units Sample Type Frequency
Water Level Relative to NGVD Report ft In Situ Quarterly
Note: For piezometers, monitoring and reporting is required only for water level information.
[62-520.600(11)(b)]
10. Water levels shall be recorded before evacuating each well for sample collection. Elevation references shall
include the top of the well casing and land surface at each well site (NAVD allowable) at a precision of plus or
minus 0.01 foot. [62-520.600(11)(c)]
11. Ground water monitoring wells shall be purged prior to sampling to obtain representative samples. [62-160.210]
12. Analyses shall be conducted on unfiltered samples, unless filtered samples have been approved by the
Department's Division of Water Resource Management, Phosphate Management Office as being more
representative of ground water conditions. [62-520.310(5)]
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
13. Ground water monitoring test results shall be submitted on Part D of Form 62-620.910(10) in accordance with
Permit Condition I.D.3. [62-520.600(11)(b)]
14. If any monitoring well becomes inoperable or damaged to the extent that the sampling or well integrity may be
affected, the permittee shall notify the Department's Division of Water Resource Management, Phosphate
Management Office within two business days from discovery, and a detailed written report shall follow within ten
days after notification to the Department. The written report shall detail what problem has occurred and remedial
measures that have been taken to prevent recurrence or request approval for replacement of the monitoring well.
All monitoring well design and replacement shall be approved by the Department's Division of Water Resource
Management, Phosphate Management Office before installation. [62-520.600(6)(l)]
15. The permittee shall sample the following monitoring well(s): null for the primary and secondary drinking water
parameters included in Rules 62-550.310 and 62-550.320, F.A.C., (except for asbestos and all parameters in Table
5 of Chapter 62-550, F.A.C., other than Di(2-ethylhexyl) adipate and Di(2-ethylhexyl) phthalate). Results of this
sampling shall be submitted to the Department's Division of Water Resource Management, Phosphate
Management Office with the application for permit renewal. Sampling shall occur no sooner than 180 days before
submittal of the renewal application. [62-520.600(5)(b)]
1. During the period of operation authorized by this permit, the wastewater facilities shall be operated under the
supervision of a person who is qualified by formal training and/or practical experience in the field of water
pollution control. [62-620.320(6)]
2. The permittee shall maintain the following records and make them available for inspection at the following
address: on the site of the permitted facility.
a. Records of all compliance monitoring information, including all calibration and maintenance records and all
original strip chart recordings for continuous monitoring instrumentation, including, if applicable, a copy of
the laboratory certification showing the certification number of the laboratory, for at least three years from the
date the sample or measurement was taken;
b. Copies of all reports required by the permit for at least three years from the date the report was prepared;
c. Records of all data, including reports and documents, used to complete the application for the permit for at
least three years from the date the application was filed;
d. A copy of the current permit;
e. A copy of any required record drawings; and
f. Copies of the logs and schedules showing plant operations and equipment maintenance for three years from
the date of the logs or schedules.
[62-620.350]
VI. SCHEDULES
1. The following improvement actions shall be completed according to the following schedule:
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
[62-620.320(6)]
2. In accordance with section 403.088(2)(e) and (f), Florida Statutes, a compliance schedule for this facility is
contained in Administrative Order AO-001SWPM23 which is hereby adopted and incorporated by reference.
3. The following actions shall be completed according to the following schedule. The Best Management
Practices/Pollution Prevention (BMP3) Plan shall be prepared and implemented in accordance with Part VII of
this permit.
Improvement Action Completion Date
1. Continue implementation of the existing SWPP plan. Effective date of the permit
2. Submittal of annual SWPP plan progress reports. Annually, no later than February 1st
of the following year
[62-620.320(6)]
4. The permittee is not authorized to discharge to waters of the state after the expiration date of this permit, unless:
a. The permittee has applied for renewal of this permit at least 180 days before the expiration date of this permit
using the appropriate forms listed in Rule 62-620.910, F.A.C., and in the manner established in the
Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under
Chapter 62-620, F.A.C., including submittal of the appropriate processing fee set forth in Rule 62-4.050,
F.A.C.; or
b. The permittee has made complete the application for renewal of this permit before the permit expiration date.
[62-620.335(1)-(4)]
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
1. In accordance with Section 304(e) and 402(a)(2) of the Clean Water Act (CWA) as amended, 33 U.S.C. §§ 1251
et seq., and the Pollution Prevention Act of 1990, 42 U.S.C. §§ 13101-13109, the permittee must develop and
implement a Stormwater Pollution Prevention (SWPP) Plan for the facility covered by this permit. The SWPP
Plan shall be prepared in accordance with good engineering practices and in accordance with the factors outlined
in 40 CFR §125.3(d)(2) or (3) as appropriate. The plan shall identify potential sources of pollution that may
reasonably be expected to affect the quality of stormwater discharges associated with industrial activity from the
facility. In addition, the plan shall describe and ensure the implementation of practices which are to be used to
reduce the pollutants in stormwater discharges associated with industrial activity at the facility and to assure
compliance with the terms and conditions of this permit. Facilities must implement the provisions of the SWPP
Plan required under this part as a condition of this permit. The plan shall include, at a minimum, the following
items:
a. Specific individual(s) within the facility organization as members of a SWPP Team that are responsible for
developing the SWPP Plan and assisting the facility or operations manager in its implementation,
maintenance, and revision. The plan shall clearly identify the responsibilities of each team member. The
activities and responsibilities of the team shall address all aspects of the facility's SWPP Plan.
b. A description of potential sources which may reasonably be expected to add significant amounts of pollutants
to stormwater discharges or which may result in the discharge of pollutants during dry weather from separate
storm sewers draining the facility. The plan shall identify all activities and significant materials that may
potentially be significant pollutant sources. The plan shall include, at a minimum:
(1) Drainage
(a) A site map indicating an outline of the portions of the drainage area of each stormwater outfall that
are within the facility boundaries, each existing structural control measure to reduce pollutants in
stormwater runoff, surface water bodies, locations where significant materials are exposed to
precipitation, locations where major spills or leaks identified under Item (2)(c) (spills and leaks)
have occurred, and the locations of the following activities where such activities are exposed to
precipitation: fueling stations; vehicle and equipment maintenance and/or cleaning areas;
loading/unloading areas; locations used for the treatment, storage or disposal of wastes; liquid
storage tanks; processing areas; and storage areas.
(b) For each area of the facility that generates stormwater discharges associated with industrial activity
with a reasonable potential for containing significant amounts of pollutants, a prediction of the
direction of flow, and an identification of the types of pollutants which are likely to be present in
stormwater discharges associated with industrial activity. Factors to consider include the toxicity of
chemical; quantity of chemicals used, produced or discharged; the likelihood of contact with
stormwater; and history of significant leaks or spills of toxic or hazardous pollutants. Flows with a
significant potential for causing erosion shall be identified.
(2) An inventory of the types of materials handled at the site that potentially may be exposed to precipitation.
Such inventory shall include a narrative description of significant materials that have been handled,
treated, stored or disposed in a manner to allow exposure to stormwater between the time of three years
prior to the effective date of this permit and the present; method and location of on-site storage or
disposal; materials management practices employed to minimize contact of materials with stormwater
runoff between the time of three years prior to the effective date of this permit and the present; the
location and a description of existing structural and non-structural control measures to reduce pollutants
in stormwater runoff; and a description of any treatment the stormwater receives.
(3) A list of significant spills and significant leaks of toxic or hazardous pollutants that occurred at areas that
are exposed to precipitation or that otherwise drain to a stormwater conveyance at the facility after the
date of three years prior to the effective date of this permit. Such list shall be updated as appropriate
during the term of the permit.
(4) A summary of existing discharge sampling data describing pollutants in stormwater discharges from the
facility, including a summary of sampling data collected during the term of this permit.
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
(5) A narrative description of the potential pollutant sources from the following activities if applicable:
loading and unloading operations; outdoor storage activities; outdoor manufacturing or processing
activities; significant dust or particulate generating processes; loading/unloading areas; and on-site waste
disposal practices. The description shall specifically list any significant potential source of pollutants at
the site and for each potential source, any pollutant or pollutant parameter (e.g. biochemical oxygen
demand, etc.) of concern shall be identified.
c. A description of stormwater management controls appropriate for the facility and implement such controls.
The appropriateness and priorities of controls in a plan shall reflect identified potential sources of pollutants
at the facility. The description of stormwater management controls shall address the following minimum
components, including a schedule for implementing such controls:
(1) Good housekeeping requires the maintenance of areas that may contribute pollutants to stormwater
discharges in a clean, orderly manner.
(2) A preventive maintenance program shall involve timely inspection and maintenance of stormwater
management devices (e.g. cleaning oil/water separators, catch basins) as well as inspecting and testing
facility equipment and systems to uncover conditions that could cause breakdowns or failures resulting in
discharges of pollutants to surface waters, and ensuring appropriate maintenance of such equipment and
systems.
(3) Areas where potential spills that can contribute pollutants to stormwater discharges can occur and their
accompanying drainage points shall be identified clearly in the SWPP Plan. Where appropriate,
specifying material handling procedures, storage requirements, and use of equipment such as diversion
valves in the plan should be considered. Procedures for cleaning up spills shall be identified in the plan
and made available to the appropriate personnel. The necessary equipment to implement a clean up
should be available to personnel.
(4) In addition to or as part of the comprehensive site evaluation required under paragraph (4) of this section,
qualified facility personnel shall be identified to inspect designated equipment and areas of the facility at
appropriate intervals specified in the plan. A set of tracking or follow-up procedures shall be used to
ensure that appropriate actions are taken in response to the inspections. Records of inspections shall be
maintained.
(5) Employee training programs shall inform personnel responsible for implementing activities identified in
the SWPP Plan or otherwise responsible for stormwater management at all levels of responsibility of the
components and goals of the SWPP Plan. Training should address topics such as spill response, good
housekeeping and material management practices. A pollution prevention plan shall identify periodic
dates for such training.
(6) A description of incidents (such as spills, or other discharges), along with other information describing
the quality and quantity of stormwater discharges shall be included in the plan required under this part.
Inspections and maintenance activities shall be documented and records of such activities shall be
incorporated into the plan.
(7) Non-Stormwater Discharges
(a) The plan shall include a certification that each "stormwater-only" discharge authorized under this
permit has been tested or evaluated for the presence of non-stormwater discharges. (This section is
not applicable to those discharges authorized under this permit that have been identified in the
application as having non-stormwater components.) The certification shall include the identification
of potential significant sources of non-stormwater at the site, a description of the results of any test
and/or evaluation for the presence of non-stormwater discharges, the evaluation criteria or testing
method used, the date of any testing and/or evaluation, and the on-site drainage points that were
directly observed during the test. Certifications shall be signed in accordance with paragraph (6) of
this section. Such certification may not be feasible if the facility operating the stormwater discharge
associated with industrial activity does not have access to an outfall, manhole, or other point of
access to the ultimate conduit that receives the discharge. In such cases, the source identification
section of the stormwater pollution plan shall indicate why the certification required by this part was
not feasible, along with the identification of potential significant sources of non-stormwater at the
site. A discharger that is unable to provide the certification required by this paragraph must notify
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
the Division of Water Resource Management, Phosphate Management in accordance with paragraph
(iii) below.
(b) Except for flows from fire fighting activities, sources of authorized non-stormwater discharges that
are combined with stormwater discharges associated with industrial activity must be identified in the
plan. The plan shall identify and ensure the implementation of appropriate pollution prevention
measures for the non-stormwater component(s) of the discharge.
(c) Failure to Certify. Any facility that is unable to provide the certification required (testing for non-
stormwater discharges), must notify the Division of Water Resource Management, Phosphate
Management. If the failure to certify is caused by the inability to perform adequate tests or
evaluations, such notification shall describe: the procedure of any test conducted for the presence of
non-stormwater discharges; the results of such test or other relevant observations; potential sources
of non-stormwater discharges to the storm sewer; and why adequate tests for such storm sewers were
not feasible. Non-stormwater discharges to surface waters of the State of Florida which are not
authorized by an NPDES permit are unlawful, and must be terminated or dischargers must submit
appropriate NPDES permit application forms.
(8) The plan shall identify areas which, due to topography, activities, or other factors, have a high potential
for significant soil erosion, and identify structural, vegetative, and/or stabilization measures to be used to
limit erosion.
(9) The plan shall contain a narrative consideration of the appropriateness of traditional stormwater
management practices (practices other than those which control the generation or source(s) of pollutants)
used to divert, infiltrate, reuse, or otherwise manage stormwater runoff in a manner that reduces
pollutants in stormwater discharges from the site. The plan shall provide that those measures that the
permittee determines to be reasonable and appropriate shall be implemented and maintained. The
potential of various sources at the facility to contribute pollutants to stormwater discharges associated
with industrial activity shall be considered when determining reasonable and appropriate measures.
Appropriate measures may include: vegetative swales and practices; reuse of collected stormwater (such
as for a process or as an irrigation source); inlet controls (such as oil/water separators); infiltration
devices; and, detention or retention devices.
d. A Comprehensive Site Compliance Evaluation. Qualified personnel shall conduct site compliance
evaluations at appropriate intervals specified in the plan, but, except as provided in paragraph (4)(d) of this
section, in no case less than once a year. Such evaluations shall provide:
(1) Areas contributing to a stormwater discharge associated with industrial activity shall be visually
inspected for evidence of, or the potential for, pollutants entering the drainage system. Measures to
reduce pollutant loadings shall be evaluated to determine whether they are adequate and properly
implemented in accordance with the terms of the permit or whether additional control measures are
needed. Structural stormwater management measures, sediment and erosion control measures, and other
structural pollution prevention measures identified in the plan shall be observed to ensure that they are
operating correctly. A visual inspection of equipment needed to implement the plan, such as spill
response equipment, shall be made.
(2) Based on the results of the inspection, the description of potential pollutant sources identified in the plan
in accordance with paragraph (2) of this section (description of potential pollutant sources) and pollution
prevention measures and controls identified in the plan in accordance with paragraph (3) of this section
(measures and controls) shall be revised as appropriate within two weeks of such inspection and shall
provide for implementation of any changes to the plan in a timely manner, but in no case more than
twelve weeks after the inspection.
(3) A report summarizing the scope of the inspection, personnel making the inspection, the date(s) of the
inspection, major observations relating to the implementation of the SWPP Plan, and actions taken in
accordance with paragraph (4)(b) of this section shall be made and retained as part of the SWPP Plan for
at least one year after coverage under this permit terminates. The report shall identify any incidents of
non-compliance. Where a report does not identify any incidents of non-compliance, the report shall
contain a certification that the facility is in compliance with the SWPP Plan and this permit. The report
shall be signed in accordance with paragraph (6) (signatory requirements) of this section.
27
PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
e. Consistency with other plans. SWPP Plans may reference the existence of other plans for Spill Prevention
Control and Countermeasure (SPCC), plans developed for the facility under section 311 of the CWA or Best
Management Practices (BMP) Programs otherwise required by an NPDES permit for the facility as long as
such requirement is incorporated into the SWPP Plan.
f. Signatory Authority and Management Responsibilities. The SWPP Plan shall be signed in accordance with
Rule 62-620.305, Florida Administrative Code, and shall be reviewed by the facility engineer and facility
manager. A copy of the plan shall be retained at the facility and shall be made available to the Division of
Water Resource Management, Phosphate Management upon request, or in the case of a stormwater discharge
associated with industrial activity that discharges through a municipal separate storm sewer system, to the
operator of the municipal system.
g. Plan Review. The Division of Water Resource Management, Phosphate Management may notify the
permittee at any time that the plan does not meet one or more of the minimum requirements of this Part.
Such notification shall identify those provisions of the permit which are not being met by the plan, and
identify which provisions of the plan requires modifications in order to meet the minimum requirements of
this Part. Within 30 days of such notification from the Division of Water Resource Management, Phosphate
Management, the permittee shall make the required changes to the plan and shall submit to the Division of
Water Resource Management, Phosphate Management a written certification that the requested changes have
been made.
h. Keeping Plans Current. The permittee shall amend the plan whenever there is a change in design,
construction, operation, or maintenance of the facility which has a significant effect on the potential for the
discharge of pollutants to surface waters of the State of Florida; if the SWPP Plan proves to be ineffective in
eliminating or significantly minimizing pollutants from sources identified under paragraph (2) (description of
potential pollutant sources) of this section; or, in otherwise achieving the general objectives of controlling
pollutants in stormwater discharges associated with industrial activity. Amendments to the plan may be
reviewed by the Division of Water Resource Management, Phosphate Management in the same manner as
described in paragraphs (6) and (7) of this section.
[62-620.100(3)(m)]
1. Where required by Chapter 471 or Chapter 492, F.S., applicable portions of reports that must be submitted under
this permit shall be signed and sealed by a professional engineer or a professional geologist, as appropriate. [62-
620.310(4)]
2. The permittee shall provide verbal notice to the Department's Division of Water Resource Management, Phosphate
Management Office as soon as practical after discovery of a sinkhole or other karst feature within an area for the
management or application of wastewater, or wastewater sludges. The Permittee shall immediately implement
measures appropriate to control the entry of contaminants, and shall detail these measures to the Department's
Division of Water Resource Management, Phosphate Management Office in a written report within 7 days of the
sinkhole discovery. [62-620.320(6)]
3. Existing manufacturing, commercial, mining, and silvicultural wastewater facilities or activities that discharge
into surface waters shall notify the Department as soon as they know or have reason to believe:
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent
basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following levels;
28
PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
b. That any activity has occurred or will occur which would result in any discharge, on a non-routine or
infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest
of the following levels;
4. The permittee shall comply with all of the applicable financial responsibility requirements of Rule 62-673, Florida
Administrative Code, and the applicable conditions of 40 CFR 264, Subpart H.
5. Any transfer of this permit during the effective term shall require the party or parties obtaining a transfer
to demonstrate that all the financial responsibility requirements be met prior to transfer, if necessary.
[62-620.340(3), F.A.C.]
6. The permittee shall notify the Department's Bureau of Mining and Minerals Regulation Phosphate Management
Program, by certified mail, of commencement of a voluntary or involuntary proceeding under Title 11
(Bankruptcy), U.S. Code, naming the permittee as debtor, within ten (10) days after the commencement of the
proceeding. [40 CFR 264.148(a)]
1. The terms, conditions, requirements, limitations and restrictions set forth in this permit are binding and
enforceable pursuant to Chapter 403, Florida Statutes. Any permit noncompliance constitutes a violation of
Chapter 403, Florida Statutes, and is grounds for enforcement action, permit termination, permit revocation and
reissuance, or permit revision. [62-620.610(1)]
2. This permit is valid only for the specific processes and operations applied for and indicated in the approved
drawings or exhibits. Any unauthorized deviations from the approved drawings, exhibits, specifications or
conditions of this permit constitutes grounds for revocation and enforcement action by the Department. [62-
620.610(2)]
3. As provided in subsection 403.087(7), F.S., the issuance of this permit does not convey any vested rights or any
exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal
rights, nor authorize any infringement of federal, state, or local laws or regulations. This permit is not a waiver of
or approval of any other Department permit or authorization that may be required for other aspects of the total
project which are not addressed in this permit. [62-620.610(3)]
4. This permit conveys no title to land or water, does not constitute state recognition or acknowledgment of title, and
does not constitute authority for the use of submerged lands unless herein provided and the necessary title or
leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund
may express State opinion as to title. [62-620.610(4)]
5. This permit does not relieve the permittee from liability and penalties for harm or injury to human health or
welfare, animal or plant life, or property caused by the construction or operation of this permitted source; nor does
it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless
specifically authorized by an order from the Department. The permittee shall take all reasonable steps to
minimize or prevent any discharge, reuse of reclaimed water, or residuals use or disposal in violation of this
permit which has a reasonable likelihood of adversely affecting human health or the environment. It shall not be a
defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this permit. [62-620.610(5)]
29
PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
6. If the permittee wishes to continue an activity regulated by this permit after its expiration date, the permittee shall
apply for and obtain a new permit. [62-620.610(6)]
7. The permittee shall at all times properly operate and maintain the facility and systems of treatment and control,
and related appurtenances, that are installed and used by the permittee to achieve compliance with the conditions
of this permit. This provision includes the operation of backup or auxiliary facilities or similar systems when
necessary to maintain or achieve compliance with the conditions of the permit. [62-620.610(7)]
8. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
permittee for a permit revision, revocation and reissuance, or termination, or a notification of planned changes or
anticipated noncompliance does not stay any permit condition. [62-620.610(8)]
9. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, including
an authorized representative of the Department and authorized EPA personnel, when applicable, upon presentation
of credentials or other documents as may be required by law, and at reasonable times, depending upon the nature
of the concern being investigated, to:
a. Enter upon the permittee's premises where a regulated facility, system, or activity is located or conducted, or
where records shall be kept under the conditions of this permit;
b. Have access to and copy any records that shall be kept under the conditions of this permit;
c. Inspect the facilities, equipment, practices, or operations regulated or required under this permit; and
d. Sample or monitor any substances or parameters at any location necessary to assure compliance with this
permit or Department rules.
[62-620.610(9)]
10. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data, and other
information relating to the construction or operation of this permitted source which are submitted to the
Department may be used by the Department as evidence in any enforcement case involving the permitted source
arising under the Florida Statutes or Department rules, except as such use is proscribed by Section 403.111, F.S.,
or Rule 62-620.302, F.A.C. Such evidence shall only be used to the extent that it is consistent with the Florida
Rules of Civil Procedure and applicable evidentiary rules. [62-620.610(10)]
11. When requested by the Department, the permittee shall within a reasonable time provide any information required
by law which is needed to determine whether there is cause for revising, revoking and reissuing, or terminating
this permit, or to determine compliance with the permit. The permittee shall also provide to the Department upon
request copies of records required by this permit to be kept. If the permittee becomes aware of relevant facts that
were not submitted or were incorrect in the permit application or in any report to the Department, such facts or
information shall be promptly submitted or corrections promptly reported to the Department. [62-620.610(11)]
12. Unless specifically stated otherwise in Department rules, the permittee, in accepting this permit, agrees to comply
with changes in Department rules and Florida Statutes after a reasonable time for compliance; provided, however,
the permittee does not waive any other rights granted by Florida Statutes or Department rules. A reasonable time
for compliance with a new or amended surface water quality standard, other than those standards addressed in
Rule 62-302.500, F.A.C., shall include a reasonable time to obtain or be denied a mixing zone for the new or
amended standard. [62-620.610(12)]
13. The permittee, in accepting this permit, agrees to pay the applicable regulatory program and surveillance fee in
accordance with Rule 62-4.052, F.A.C. [62-620.610(13)]
14. This permit is transferable only upon Department approval in accordance with Rule 62-620.340, F.A.C. The
permittee shall be liable for any noncompliance of the permitted activity until the transfer is approved by the
Department. [62-620.610(14)]
30
PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
15. The permittee shall give the Department written notice at least 60 days before inactivation or abandonment of a
wastewater facility or activity and shall specify what steps will be taken to safeguard public health and safety
during and following inactivation or abandonment. [62-620.610(15)]
16. The permittee shall apply for a revision to the Department permit in accordance with Rules 62-620.300, F.A.C.,
and the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under
Chapter 62-620, F.A.C., at least 90 days before construction of any planned substantial modifications to the
permitted facility is to commence or with Rule 62-620.325(2), F.A.C., for minor modifications to the permitted
facility. A revised permit shall be obtained before construction begins except as provided in Rule 62-620.300,
F.A.C. [62-620.610(16)]
17. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or
activity which may result in noncompliance with permit requirements. The permittee shall be responsible for any
and all damages which may result from the changes and may be subject to enforcement action by the Department
for penalties or revocation of this permit. The notice shall include the following information:
a. A description of the anticipated noncompliance;
b. The period of the anticipated noncompliance, including dates and times; and
c. Steps being taken to prevent future occurrence of the noncompliance.
[62-620.610(17)]
18. Sampling and monitoring data shall be collected and analyzed in accordance with Rule 62-4.246 and Chapters 62-
160, 62-600, and 62-610, F.A.C., and 40 CFR 136, as appropriate.
a. Monitoring results shall be reported at the intervals specified elsewhere in this permit and shall be reported on
a Discharge Monitoring Report (DMR), DEP Form 62-620.910(10), or as specified elsewhere in the permit.
b. If the permittee monitors any contaminant more frequently than required by the permit, using Department
approved test procedures, the results of this monitoring shall be included in the calculation and reporting of
the data submitted in the DMR.
c. Calculations for all limitations which require averaging of measurements shall use an arithmetic mean unless
otherwise specified in this permit.
d. Except as specifically provided in Rule 62-160.300, F.A.C., any laboratory test required by this permit shall
be performed by a laboratory that has been certified by the Department of Health Environmental Laboratory
Certification Program (DOH ELCP). Such certification shall be for the matrix, test method and analyte(s)
being measured to comply with this permit. For domestic wastewater facilities, testing for parameters listed
in Rule 62-160.300(4), F.A.C., shall be conducted under the direction of a certified operator.
e. Field activities including on-site tests and sample collection shall follow the applicable standard operating
procedures described in DEP-SOP-001/01 adopted by reference in Chapter 62-160, F.A.C.
f. Alternate field procedures and laboratory methods may be used where they have been approved in accordance
with Rules 62-160.220, and 62-160.330, F.A.C.
[62-620.610(18)]
19. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements
contained in any compliance schedule detailed elsewhere in this permit shall be submitted no later than 14 days
following each schedule date. [62-620.610(19)]
20. The permittee shall report to the Department any noncompliance which may endanger health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the
circumstances. A written submission shall also be provided within five days of the time the permittee becomes
aware of the circumstances. The written submission shall contain a description of the noncompliance and its
cause; the period of noncompliance including exact dates and times, and if the noncompliance has not been
31
PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
corrected, the anticipated time it is expected to continue; clean up actions taken and status; and steps taken or
planned to reduce, eliminate, and prevent recurrence of the noncompliance. For noncompliance events related to
sanitary sewer overflows, bypass events, or unauthorized discharges, these reports must include the data described
above (with the exception of time of discovery) as well as the type of event (e.g., sanitary sewer overflow, bypass,
unauthorized discharge); type of sanitary sewer overflow structure (e.g., manhole); the discharge location address
and latitude/longitude; type of water discharged; discharge volumes and volumes recovered; volume discharged to
surface waters and receiving waterbody name; types of human health and environmental impacts of the sanitary
sewer overflow, bypass event, or unauthorized discharge (e.g., beach closure); whether the noncompliance was
caused by a third party; and whether the noncompliance was related to wet weather. The written submission may
be provided electronically using the Department's Business Portal at https://www.fldepportal.com/go/ (via
"Submit" followed by "Report" or "Registration/Notification"). Notice required for public notice of pollution
under paragraph (d) may be provided together with the written submission using the Business Portal. All
noncompliance events related to sanitary sewer overflows or bypass events submitted after September 14, 2021,
shall be submitted electronically.
a. The following shall be included as information which must be reported within 24 hours under this condition:
(1) Any unanticipated bypass which causes any reclaimed water or the effluent to exceed any permit
limitation or results in an unpermitted discharge,
(2) Any upset which causes any reclaimed water or the effluent to exceed any limitation in the permit,
(3) Violation of a maximum daily discharge limitation for any of the pollutants specifically listed in the
permit for such notice; and,
(4) Any unauthorized discharge to surface or ground waters, except for discharges to ground water of
reclaimed water meeting Part III or Part V treatment standards under Chapter 62-610, F.A.C.
b. Oral reports as required by this subsection shall be provided as follows:
(1) For unauthorized releases or spills of treated or untreated wastewater reported pursuant to subparagraph
(a)4., that are in excess of 1,000 gallons per incident, or where information indicates that public health or
the environment will be endangered, oral reports shall be provided to the Department by calling the
STATE WATCH OFFICE TOLL FREE NUMBER (800)320-0519, as soon as practicable, but no later
than 24 hours from the time the permittee becomes aware of the discharge. The permittee, to the extent
known, shall provide the following information to the State Watch Office:
(a) Name, address, and telephone number of person reporting,
(b) Name, address, and telephone number of permittee or responsible person for the discharge,
(c) Date and time of the discharge and status of discharge (ongoing or ceased),
(d) Characteristics of the wastewater spilled or released (untreated or treated, industrial or domestic
wastewater),
(e) Estimated amount of the discharge,
(f) Location or address of the discharge,
(g) Source and cause of the discharge,
(h) Whether the discharge was contained on-site, and cleanup actions taken to date,
(i) Description of area affected by the discharge, including name of water body affected, if any; and,
(j) Other persons or agencies contacted.
(2) Oral reports, not otherwise required to be provided pursuant to subparagraph (b)1., above, shall be
provided to the Department within 24 hours from the time the permittee becomes aware of the
circumstances.
c. If the oral report has been received within 24 hours, the noncompliance has been corrected, and the
noncompliance did not endanger health or the environment, the Department shall waive the written report.
d. In accordance with Section 403.077, F.S., unauthorized releases or spills reportable to the State Watch Office
pursuant to subparagraph (b)1. above shall also be reported to the Department within 24 hours from the time
the permittee becomes aware of the discharge. The permittee shall provide to the Department information
reported to the State Watch Office. Notice of unauthorized releases or spills may be provided to the
32
PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
[62-620.610(20)] [62-620.100(3)]
21. The permittee shall report all instances of noncompliance not reported under Permit Conditions IX. 17, 18 or 19 of
this permit at the time monitoring reports are submitted. This report shall contain the same information required
by Permit Condition IX.20 of this permit. [62-620.610(21)]
33
PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124 MA
FACILITY: Piney Point Phosphogypsum Stack System EXPIRATION DATE:
(1) An upset does not include noncompliance caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance, careless or improper operation.
(2) An upset constitutes an affirmative defense to an action brought for noncompliance with technology
based permit effluent limitations if the requirements of upset provisions of Rule 62-620.610, F.A.C., are
met.
b. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly
signed contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and that the permittee can identify the cause(s) of the upset;
(2) The permitted facility was at the time being properly operated;
(3) The permittee submitted notice of the upset as required in Permit Condition IX.20. of this permit; and
(4) The permittee complied with any remedial measures required under Permit Condition IX. 5. of this
permit.
c. In any enforcement proceeding, the burden of proof for establishing the occurrence of an upset rests with the
permittee.
d. Before an enforcement proceeding is instituted, no representation made during the Department review of a
claim that noncompliance was caused by an upset is final agency action subject to judicial review.
[62-620.610(23)]
_______DRAFT_________________________
Attachment(s):
Attachment A: Site location map
34
Attachment A
± 0 1,500
Feet
3,000
COCKROACH
BAY
PINEY POINT
CREEK
SWD-02
/
"
MANATEE 002
HARBOR #
*
" SWB-02
/
MANATEE COUNTY NCP NGS-N
SEWER SYSTEM
CONNECTION
Basin #1
Basin #2 OGS-N NGS-S
SCP
OGS-S
SWD-01/03
BER/41 West 001 LPWS *
#
*
#
/#
""
/ * #
* /SWB-01/03
"
SWB-03BR 003
BER/41 East Bud Rhoden
"
) BUCKEYE ROAD
SWD-03AR
/
" MANATEE COUNTY DITCH
Armstrong Rd UIC SYSTEM
BISHOP
HARBOR
Legend
Structure No. 1 Air Products and Chemicals Inc
*
#
* Structure No. 2 Allied New Technologies 2 Inc SCP - SOUTH COOLING POND
#
/ Surface Water Monitoring Location
" Thatcher Chemical of Florida NCP - NORTH COOLING POND
* Outfall Location
# Manatee Bulk Storage NGS-S - NEW GYPSUM STAGE SOUTH
NGS-N - NEW GYPSUM STAGE NORTH
Flow Path Basins
OGS-N - OLD GYPSUM STAGE NORTH
Project Boundary 1 Mile Buffer OGS-S - OLD GYPSUM STAGE SOUTH
FIGURE 1.
SITE LOCATION MAP
NPDES PERMIT RENEWAL FL 0000124
DONICA RECEIVERSHIP SERVICES, L.L.C.
Sources: ESRI USGS; ECT, 2022.
The Department is the administrative agency of the State of Florida having the power and duty to protect Florida’s
air and water resources and to administer and enforce the provisions of Chapter 403, Florida Statutes (F.S.), and
the rules promulgated thereunder. The Department administers Florida’s National Pollution Discharge
Elimination Program (NPDES) permitting and enforcement program under Sections 403.088 and 403.0885, F.S.,
and Chapters 62-4, 62-302, 62-520, 62-620, 62-650 and 62-660, Florida Administrative Code (F.A.C.). This
Order Establishing Compliance Schedule (Order) is issued under the authority of Sections 403.061(8) and
403.088(2)(e) and (f), F.S. The Department has jurisdiction over the matters addressed in this Order.
I. FINDINGS OF FACT
1. Donica Receivership Services, LLC. (Permittee) is a person as defined in Section 403.031(5), F.S.
2. In August 2021, the Manatee County Circuit Court appointed the Permittee to act as the Receiver for the
development and implementation of the closure and long-term care plan for the industrial wastewater facility
known as the Piney Point Phosphogypsum Stack System (Facility). The Facility is located at 13051 Scale
Avenue, North Palmetto in Manatee County, Florida. The Receiver has been directed to maintain, manage
and close the Facility as efficiently and expeditiously as possible. As an officer of the court, the Receiver has
been granted the authority to apply for and obtain all necessary federal, state and local permits to manage,
maintain and close the Facility.
3. The Facility discharges non-contact stormwater into ground waters and surface waters of the state as defined
in Section 403.031, F.S. The Facility also discharges process wastewater to ground waters of the state.
4. The Facility is subject to regulation under the Department’s wastewater and NPDES permitting and
enforcement program.
5. The Permittee has filed an updated application for the renewal of the National Pollutant Discharge
Elimination System permit (DEP Permit No. FL0000124) under Section 403.088(2), F.S.
6. The Facility discharges non-contact stormwater from the following outfalls: D-001 and D-003 outfalls into
Bishop Harbor, a Class II marine estuary (WBID# 1797B); and D-002 outfall into Piney Point Creek, a Class
III marine estuary (WBID# 1789). These waterbodies are parts of or tributaries to Tampa Bay.
7. Section 403.021(2), F.S., provides that “no wastes be discharged into any waters of the state without first
being given the degree of treatment necessary to protect the beneficial uses of such water.” Each permit
issued by the Department for a discharge to waters of the state shall include an effluent limit for those
pollutants in the discharge that are present in quantities or concentrations which can be reasonably expected
to cause or contribute to a violation of any water quality standard established in Chapter 62-302, F.A.C.
8. With respect to nutrient impairment, the Tampa Bay Nitrogen Management Consortium has adopted the
Tampa Bay Estuary Reasonable Assurance Plan (RAP) which provides reasonable assurance that the waters
of Tampa Bay will attain water quality standards for nutrients in the future and that reasonable progress
towards attainment of standards would continue to be made. See Rule 62-303.600(2), F.A.C.
9. In November 2010, the Department entered a Final Order adopting Water Quality Based Effluent Limits for
point source discharges of Total Nitrogen (TN) to the Tampa Bay Watershed.
10. In pertinent part, the Final Order provided the Facility with an interim allocation not to exceed 0.9 tons/year
of Total Nitrogen (TN) load, from Outfalls D-001, D-002 and D-003, calculated as a five-year rolling annual
average of the yearly totals.
11. In 2016, the Department promulgated Estuary-Specific Numeric Nutrient Criterion for Tampa Bay.
12. Implementation of closure activities will eliminate existing process water storage ponds along with other
lined impoundments from the top of the phosphogypsum stack system. The implementation of these closure
activities will increase the total acreage that contributes to the non-contact stormwater runoff discharged from
the Facility’s permitted outfalls.
13. To achieve reasonable assurance that that the Facility’s permitted discharges will meet the TN rolling 5-year
annual average loading value of 0.9 tons/year and the Department’s numeric nutrient criteria for Total
Phosphorus (TP) for Tampa Bay in Rule 62-302.532, F.A.C., the Receiver must conduct modeling, sampling,
and study of the soon to be constructed revised non-contact stormwater management for the closed Facility.
III. GROUNDWATER
14. Section III of DEP Permit No. FL0000124 authorizes the discharge of non-contact stormwater to ground
water and process wastewater to ground water from the existing phosphogypsum stack system. However, all
ground water quality criteria specified in 62-520, F.A.C. must be met at the edge of the Facility’s zone of
discharge. The Facility’s zone of discharge extends horizontally to the Facility’s property boundary and
vertically to the base of the surficial aquifer. See Section 403.061(11), F.S.; Rule 62-520.462, F.A.C.
15. The Facility’s compliance monitoring wells designated at MWC-02, MWC-5R, MWC-08, MWC-09, MWC-
18, MWC-19, MWC-22, MWC-23 are located at the property boundary and are known collectively as
compliance wells. The terms compliance wells and zone of discharge are used interchangeably throughout
this Order.
16. Due to past operations and conditions, the Facility’s ground water discharge does not meet applicable ground
water quality limits at the edge of the zone of discharge for Sodium, Gross Alpha, Radium 226 + Radium
228.
17. Additionally, the Facility’s current ground water monitoring well system is not sufficient to fully determine
the extent of ground water impacts beyond the edge of the zone of discharge.
18. To achieve reasonable assurance that the Facility’s ground water discharges will meet the applicable ground
water quality standards, the Receiver must first develop a ground water quality monitoring plan to assess the
extent of groundwater quality impacts beyond the zone of discharge caused by past operation and conditions
at the Facility. Based on the information from the updated ground water monitoring plan, the Receiver must
then evaluate the performance of the Facility’s existing underdrain and liner systems to determine what
operational or other changes are needed, and whether any additional ground water corrective actions are
required, to ensure the Facility is in compliance with ground water quality protections in Chapter 62-520,
F.A.C.
IV. STATUTORY AUTHORITY
19. Sections 403.088(2)(e) and (f), F. S., authorize the Department to issue a permit accompanied by an order
establishing a schedule for achieving compliance with all permit conditions if all the following criteria are
met:
(a) The Permittee is constructing, installing, or placing into operation, or has submitted plans and a
reasonable schedule for constructing, installing, or placing into operation, an approved pollution
abatement facility or alternative waste disposal system;
(b) The Permittee needs permission to pollute the waters within the state for a period of time necessary to
complete research, planning, construction, installation, or operation of an approved and acceptable
pollution abatement facility or alternative waste disposal system;
(c) There is no present, reasonable, alternative means of disposing of the waste other than by discharging it
into waters of the state;
(d) The granting of an application for the renewal of NPDES operation permit will be in the public interest;
or
(e) The discharge will not be unreasonably destructive to the quality of the receiving waters.
20. The following Order establishes a schedule for achieving compliance with the standards referenced in
Sections II and III above.
V. ORDER
Based on the foregoing findings of fact,
IT IS ORDERED,
SURFACE WATER
21. Evaluation of Non-Contact Stormwater Surface Water Discharge - No later than 120 days following the
effective date of this Order, the Permittee shall submit for the Department’s review and approval a Plan of
Study (Plan) to evaluate the Facility’s non-contact stormwater discharges (D-001, D-002, D-003) to ensure
compliance with the applicable numeric nutrient criteria for Tampa Bay established in Rule 62-302.532,
F.A.C., and the TN rolling 5-year annual average loading value of 0.9 tons/year for the Facility. As part of
the Plan, the Permittee shall provide recommendations regarding compliance with numeric nutrient criteria
for the receiving waterbody and downstream waters in accordance with Rule 62-302.532, F.A.C. The
Permittee shall coordinate with the Department to determine the information required, accepted methods of
data collection and analysis, and quality control/quality assurance requirements. The Plan shall be approved
in writing by the Department and shall be binding upon the Department and the Permittee.
22. The Plan shall also include an evaluation of whether the interim allocation 5-year rolling annual average
Total Nitrogen loading value of 0.9 tons/year and the numeric nutrient criteria for Total Nitrogen and Total
Phosphorous will be met. The Plan must also include a schedule for completion of all study activities and
submittal of status reports to the Department, annually, until completion.
23. In accordance with the schedule in paragraph 24, below, the Permittee must:
(a) Provide reasonable assurance in the Final Report that the Facility’s discharge will meet Total Nitrogen
loading value of 0.9 tons/year and the Department’s numeric nutrient criteria for TP for Tampa Bay in
Rule 62-302.532, F.A.C.; or
(b) Describe in the Final Report the Facility and/or permit modifications necessary to provide reasonable
assurance that the Facility’s discharge will meet Total Nitrogen loading value of 0.9 tons/year and the
Department’s numeric nutrient criteria for TP for Tampa Bay in Rule 62-302.532, F.A.C.; and
(c) The Total Nitrogen rolling 5-year annual average loading limit shall be report only for the interim
duration of the schedule in paragraph 24, and shall otherwise be limited and monitored by the
permittee as specified below and reported in accordance with Permit Condition I.D.3.:
GROUNDWATER
25. Ground Water Evaluation and Remediation – Subject to the following schedules, the Permittee shall develop
a ground water quality monitoring plan to assess the extent of groundwater quality impacts beyond the zone
of discharge caused by past operation and conditions at the Facility. The Permittee shall also evaluate and
perform the corrective actions necessary to ensure ground water quality standards are achieved in the
Facility’s zone of discharge.
a. Ground Water Quality Assessment Plan - No later than 30 days after permit issuance, the Permittee
shall submit for the Department’s review and approval a Ground Water Quality Assessment Plan to
conduct an analysis of current ground water gradients and quality, examine potential ground water
impacts beyond the zone of discharge caused by the Facility’s discharge and delineate the horizontal
and vertical extent of any ground water impacts beyond the zone of discharge as well as, determine
whether the Facility’s discharge will cause or contribute to degradation of the receiving ground water
beyond the zone of discharge; evaluate the installation of additional monitoring wells and create an
updated ground water monitoring plan for the entire site pursuant to Chapter 62-520, F.A.C.
b. The ground water monitoring plan shall be consistent with the requirements of Rule 62-520.600, F.A.C.,
and shall include a site analysis and survey of all existing monitoring wells and piezometers and provide
an initial delineation of the horizontal and vertical extent of any areas above applicable ground water
quality standards, pursuant to Chapter 62-520, F.A.C., that have resulted from historical operations or
other activities at the Facility. Additionally, documentation shall be provided of the proper
abandonment of any wells no longer in-use or functioning. The Ground Water Quality Assessment Plan
must also include a schedule for completion of all study activities and submittal of status reports to the
Department quarterly, until completion. The Permittee shall submit the Ground Water Quality
Assessment Plan and results as follows:
c. Technical Evaluation of the Underdrain and Liner Systems (Remediation Performance Plan) - No later
than 12 months following the effective date of this Order, the Permittee shall submit for the
Department’s review and approval an Engineering Report on the technical evaluation of the
performance of the underdrain and liner systems to ensure compliance with the ground water quality
standards and ground water protection requirements in Chapter 62-520, F.A.C. The Report shall include
an inspection and evaluation of the underdrain and liner system, including an evaluation of the
effectiveness of existing or planned closure controls in accordance with Rule 62-673.610(4), F.A.C.
The Engineering Report must also include a status assessment, ranked repair or modification priorities,
proposed improvements, operational changes, and schedule for completion of all Engineering Report
related activities, to ensure compliance with closure performance standards pursuant to Rule 62-
673.610(5), F.A.C., including the following:
i. Any modification of the existing closure or planned closure infrastructure to ensure that the
Facility will control, minimize or eliminate the post closure escape of phosphogypsum,
process wastewater, porewater seepage from the phosphogypsum stack system, and any other
leachate, to the extent necessary to return the Facility into compliance with the ground water
quality standards in Chapter 62-520, F.A.C.;
ii. Any necessary additional ground water corrective actions, or modifications of the existing
closure seepage (leachate) collection drain system, that may be necessary to ensure the
Facility‘s compliance with the applicable ground water quality standards and requirements in
Chapter 62-520, F.A.C.; and
iii. Hydrogeologic modeling of the time frame projected to be needed for the operation of site
collection drains, or any other additional ground water corrective actions, as may be necessary
to return the Facility to compliance with the applicable ground water quality standards and
requirements in Chapter 62-520, F.A.C.
d. Permittee shall submit the Engineering report and results as follows:
26. Donica Receivership Services, LLC. shall provide the Department with quarterly reports outlining progress
toward compliance with the time frames beginning the first calendar quarter following the effective date of
this order.
27. The Permittee shall construct, maintain, and operate the industrial wastewater facility in compliance with
all other conditions of DEP Permit No. FL0000124.
28. This order may be modified through revisions as set forth in Chapter 62-620, Florida Administrative Code.
29. Reports or other information required by this order shall be sent to by e-mail to the Phosphate Management
Program at [email protected].
30. This order does not operate as a permit under Section 403.088, F. S. This order shall be incorporated by
reference into DEP Permit No. FL0000124, which shall require compliance by the Permittee with the
requirements of this order.
NOTICE OF RIGHTS
A person whose substantial interests are affected by the Department's proposed permitting decision may petition for
an administrative proceeding (hearing) under Sections 120.569 and 120.57, Florida Statutes. The petition must
contain the information set forth below and must be filed (received by the Clerk) in the Office of General Counsel of
the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.
Under Rule 62-110.106(4), Florida Administrative Code, a person may request an extension of the time for filing a
petition for an administrative hearing. The request must be filed (received by the Clerk) in the Office of General
Counsel before the end of the time period for filing a petition for an administrative hearing.
Petitions by the applicant or any of the persons listed below must be filed within twenty-one days of receipt of this
written notice. Petitions filed by any persons other than those entitled to written notice under Section 120.60(3),
Florida Statutes, must be filed within twenty-one days of publication of the notice or within twenty-one days of
receipt of the written notice, whichever occurs first. Section 120.60(3), Florida Statutes, however, also allows that
any person who has asked the Department in writing for notice of agency action may file a petition within twenty-
one days of receipt of such notice, regardless of the date of publication.
The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing.
The failure of any person to file a petition or request for an extension of time within twenty-one days of receipt of
notice shall constitute a waiver of that person's right to request an administrative determination (hearing) under
Sections 120.569 and 120.57, Florida Statutes. Any subsequent intervention (in a proceeding initiated by another
party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-
106.205, Florida Administrative Code.
A petition that disputes the material facts on which the Department's action is based must contain the following
information, as indicated in Rule 28-106.201, Florida Administrative Code:
a. The name and address of each agency affected and each agency's file or identification number, if known;
b. The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the
petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone
number of the petitioner's representative, if any, which shall be the address for service purposes during the
course of the proceeding; and an explanation of how the petitioner's substantial interests will be affected by the
determination;
c. A statement of when and how the petitioner received notice of the Department's decision;
d. A statement of all disputed issues of material fact. If there are none, the petition must so indicate;
e. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant
reversal or modification of the Department's proposed action;
f. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the
Department's proposed action, including an explanation of how the alleged facts relate to the specific rules or
statutes; and
g. A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department
to take with respect to the Department's proposed action.
Because the administrative hearing process is designed to formulate final agency action, the filing of a petition
means that the Department's final action may be different from the position taken by it in this notice. Persons whose
substantial interests will be affected by any such final decision of the Department have the right to petition to
become a party to the proceeding, in accordance with the requirements set forth above.
Mediation under Section 120.573, Florida Statutes, is not available for this proceeding.
This action is final and effective on the date filed with the Clerk of the Department unless a petition (or request for
an extension of time) is filed in accordance with the above. Upon the timely filing of a petition (or request for an
extension of time), this order will not be effective until further order of the Department.
Any party to this order has the right to seek judicial review of the order under Section 120.68, Florida Statutes, by
the filing of a notice of appeal under Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of
the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee,
Florida, 32399 3000, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the
appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the final
order is filed with the Clerk of the Department.
DRAFT
__________________________________
PROGRAM MANAGEMENT DIRECTOR
FILED on this date, under Section 120.52, Florida Statutes, with the designated Deputy Clerk, receipt of which is
hereby acknowledged.
_____________________________
[Clerk] [Date]
CERTIFICATE OF SERVICE
The undersigned hereby certifies that this Order and all copies were mailed or transmitted electronically or by
facsimile before the close of business on ______ to the listed persons.
_____________________________ _____________________
Name Date
FACT SHEET FOR
STATE OF FLORIDA INDUSTRIAL WASTEWATER FACILITY PERMIT
1. SUMMARY OF APPLICATION
a. Chronology of Application
Additional Information: December 16, 2009; March 4, 2010; April 30, 2010; June 8, 2010; September
21, 2022; October 7, 2022; and October 12, 2022.
b. Type of Facility
Piney Point Phosphogypsum Stack System Facility: In August 2021, the Manatee County Circuit Court appointed
the Permittee to act as the Receiver for the development and implementation of the closure and long-term care plan
for the industrial wastewater facility known as the Piney Point Phosphogypsum Stack System (Facility). The
Receiver has been directed to maintain, manage and close the Facility as efficiently and expeditiously as possible.
As an officer of the court, the Receiver has been granted the duty and authority to apply for and obtain all necessary
federal, state and local permits to manage, maintain and close the Facility.
This renewal permit application includes the long-term care of the closed phosphogypsum stack system. The 393-
acre phosphogypsum stack system includes the south cooling pond system and the north cooling pond system and
associated lined stormwater ponds. The top of the closed stack system is configured with four 80-mil high density
polyethylene (HDPE) lined compartments designated as: New Gypsum Stack-South (NGS-S); New Gypsum Stack-
North (NGS-N); Old Gypsum Stack-North (OGS-N); and Old Gypsum Stack-South (OGS-S). Process water is
currently stored primarily in the NGS-N, and remnant process water from discontinued operations mixed with
seawater is currently stored in the NGS-S and OGS-N compartments.
Process wastewater, which includes impacted ground water, is collected by below-grade seepage collection systems
(i.e. subsurface drains) installed around the perimeter of the closed phosphogypsum stack system and former
southeast portion of the stack system from drains that collect seepage form the north, east of south of the closed
former south cooling pond. A 10-acre HDPE lined process water storage pond is used for collection of seepage and
impacted groundwaters from the phosphogypsum stack system. Closure of the phosphogypsum stack included
construction of a slurry wall to inhibit both the on-site movement of off-site groundwater and phosphogypsum stack
seepage from impacting off-site areas. All stormwater runoff from the Thatcher and Mayo properties are collected
in drains and ditches, and then routed into the lined stormwater detention pond for eventual discharge through Outfall
D-002.
c. Site History
In 1966, the Piney Point Phosphates, Inc., facility was initially constructed and began operating as a fertilizer
manufacturing plant, including a phosphogypsum stack in Manatee County. In 2001, the facility operator’s parent
company filed for bankruptcy resulting in the appointment of receiver to manage, operate, and close the
phosphogypsum stack system at the Piney Point facility. Ultimately, the phosphogypsum stack system was closed
by constructing four lined reservoirs atop the phosphogypsum stack system.
In August 2006, HRK Holdings, LLC (HRK) acquired the Piney Point facility through the Bankruptcy Court, and
later ultimately assumed all permits (including NPDES wastewater Permit No. FL0000124) governing the operation
of the facility and compliance with the applicable long-term care and financial assurance requirements. During 2007,
HRK demolished and removed certain portions of the chemical fertilizer production facility. In April 2011, HRK
began accepting dredged material from Port Manatee into two of the four lined reservoirs atop the phosphogypsum
stack system for initial placement and settling, and conveyed the decant from those two compartments to a third
larger compartment so the solids would settle and the seawater could be returned to Port Manatee upon clarification;
however, soon after receiving the dredged material, HRK discovered a failure in the larger lined reservoir on the
stack system that was being used for clarification. HRK eventually repaired the compartment and liner, but the
initial failure had resulted in an emergency discharge of approximately 169 million gallons of seawater to the
Buckeye Road drainage system and then to Bishop Harbor in Tampa Bay.
Subsequent to the 2011 liner failure, HRK entered into bankruptcy until emerging in 2017. During this time, the
Department pursued an enforcement action against HRK for multiple violations including its continued: 1.) failure
to submit and implement a water management plan to remove the remaining sea water and process water from the
facility; and 2.) failure to ensure the availability of financial resources to carry out its responsibilities for the water
management and long-term care of the phosphogypsum stack. The enforcement action resulted in a Consent Order
(OGC File No. 06-1685) that was effective on March 17, 2014.
On March 25, 2021, HRK reported circumstances which indicated the presence of a new leak from a compartment
in the stack system. The leak worsened over the following days resulting in the Governor and the Department
issuing emergency orders and HRK discharging approximately 215 million gallons of a mixture of seawater,
stormwater, and legacy process water to Tampa Bay. Repairs were made to the stack system to stop the leak in the
reservoir and follow-up environmental monitoring was conducted. Following the 2021 emergency the Department
filed a complaint in the 12th Judicial Circuit Court in Manatee County initiating enforcement action against HRK
for violations of various state’s environmental laws, authorizations, orders and agreements. Additionally on August
25, 2021, at the Department’s request, Manatee County Circuit Court (Manatee County Circuit Court, Case No.
2020-CA-00459-AX) appointed Donica Receivership Services, LLC as the receiver, and directed the receiver to: 1.)
maintain, manage and close as efficiently and expeditiously as possible the Piney Point Phosphogypsum Stack
System in accordance with all applicable State and Federal Laws; and 2.) develop a closure plan consistent with all
applicable laws and rules, for submittal to the Department. The Receiver is also authorized and directed to preserve
or obtain whatever licenses, permits or authorizations as are necessary in the preservation, maintenance,
management, or closure of the Facility. Under this authority, the Receiver requested the transfer of the wastewater
permit for Facility ID FL0000124 from HRK to the Receiver as well as the pending application for renewal of that
permit.
On March 30, 2022, the Department issued the court-appointed Receiver an, “Order Approving Conceptual Closure
Plan.” The Receiver’s approved conceptual closure plan addresses the environmental protection requirements for
the closure work and outlines a phased approach with interim dates for the closure of each reservoir as water is
eliminated from the site. After the Department’s approval, the Receiver started implementing the closure plan and
that closure work is ongoing.
Wastewater currently consists of stored process water generated in the former fertilizer production process, seawater
from the 2011 Port Manatee Berth 12 dredging activity, stack seepage and associated ground water as captured in
the Facility’s stack seepage collection system, and stormwater that was captured the process water management
system. The mixture of the remnant process water with any surface water, ground water or stormwater is considered
regulated process water in accordance with Chapters 62-672 and 62-673, F.A.C. The process water is currently
stored in the lined compartments on the closed phosphogypsum stack designated as the NGS-N, NGS-S, and OGS-
N compartments, with the water in the NGS-S and OGS-N having been substantially treated to reduce total nitrogen
and total phosphorus concentrations by greater than 90% since the 2021 emergency discharge to Port Manatee.
Process water, including impacted groundwater and leachate from the stack, is collected by the below-grade seepage
collection system that was installed around the perimeter of the closed phosphogypsum stack system and former
south cooling pond system (See Attachment D). Seepage is pumped into an above-grade, 10-acre lined process
water storage pond (LPWS) constructed over the southeast portion of the closed south cooling pond.
The 392-acre phosphogypsum stack system which includes the south cooling pond system, north cooling pond
system, and associated lined stormwater ponds was closed initially in 2010 in accordance with Chapter 62-673,
F.A.C. The top of the closed stack is currently configured with four 80-mil HDPE lined compartments as discussed
above. Process water is currently stored in the NGS-N, NGS-S, and OGS-S. Stormwater is separately managed
through the non-contact stormwater management system prior to discharge as needed through one of the three
permitted outfalls. The LPWS is used for collection of stack seepage and impacted ground water from the subsurface
seepage collection drain system and provides needed surge capacity prior to removal of process water.
Prior closure work for the phosphogypsum stack system included construction of a slurry wall (See Attachment D)
to inhibit the on-onsite movement of off-site ground water and to limit the potential for phosphogypsum stack
seepage that could adversely impact off-site ground water.
Portions of HRK’s real property were subdivided and sold as part of HRK’s bankruptcy proceedings. Portions of
the Piney Point Facility bordering US Highway 41 that were not part of the Facility’s phosphogypsum stack system
have been sold. In November 2012, Air Products and Chemicals, Inc. (Air Products) acquired 39.69 acres. In
December 2013 Thatcher Chemical of Florida, Inc., (Thatcher) acquired 8.07 acres. In March 2014 Manatee Bulk
Storage, LLC (Mayo Fertilizer) acquired 8.4 acres. In March 2014 Allied New Technologies 2, Inc. (Allied)
acquired 12.43 acres. Three of the properties have stormwater drainage rights that allow drainage to enter the
Facility. The Thatcher and Mayo Fertilizer properties discharge into portions of the site that drain to Outfall 002, on
the northside of the Facility. The Allied property currently drains into the HDPE lined Basin 2 stormwater system,
upstream of Outfall 001. Each of the Thatcher, Mayo Fertilizer, and Allied stormwater discharges are subject to
compliance with applicable requirements of NPDES Multi Sector Generic Permits Stormwater from the Air Products
property drains into the Buckeye Road drainage ditch just east of U.S. 41 (the property does not drain into the
Facility). (See Attachment E(A)).
e. Facility Capacity
The design capacity of the Facility was not used as a basis for establishing the conditions related to the surface
water discharges. The permitted surface water discharges will be limited to non-contact stormwater. The rate of
removal for process water is limited in accordance with the separately permitted Manatee County Underground
Injection Control well, as discussed in for Monitoring Group U-001.
Surface water discharges will consist of non-contact stormwater. Treatment and disposal of collected process waters
and ground water seepage will include: (a) Class I Underground Injection Control Well (IW-1) owned and operated
by Manatee County Utilities; (b) pre-treatment and discharge into the Manatee County sewer collection system;
and/or (c) by use an existing on-site spray evaporation systems. Discharges into the Manatee County sewer collection
system are subject to the conditions outlined by the Service Agreement, approved November 28,2022. Attachment
A shows the location of the Manatee County sewer meter for collection of treated process water.
Stormwater from the Thatcher and Mayo Fertilizer properties discharge into a lined 5-acre detention pond, upstream
of outfall D-002. The detention pond is designed to discharge stormwater from events exceeding the 25-year, 24-
hour design storm and then multi-day drawdown from the pond's inlet structures and underdrain system. Outfall D-
002, shall be used to monitor the discharge of excess stormwater from the detention pond.
Stormwater from the closed portions of the phosphogypsum stack system is currently treated and managed through
the non-contact stormwater management system including lined cap areas atop the stack(s), stormwater detention
and conveyance areas including lined stormwater swales and toe ditches, and lined stormwater ponds (Phase II,
Basin 1, and Basin 2 stormwater ponds), prior to discharge through either outfall D-001 or D-003. Additional
stormwater runoff from areas being closed pursuant to the approved Conceptual Closure Plan will be routed and
managed with closure design modifications that maintain or reduce existing peak flowrate discharges while
providing appropriate onsite stormwater detention and treatment for non-contact stormwater from the stack system.
See attached map(s) for surface water outfalls (Attachment B), and groundwater monitoring (Attachment C & D).
Monitoring Group D-001: An existing non-contact stormwater discharge, which is approximately 3-feet in length
and discharges at a height of approximately 1-foot, to Buckeye Road Ditch Class III Fresh Waters, then Bishops
Harbor, Class II Marine Waters (WBID# 1797B), and ultimately to Tampa Bay, Class II Marine Waters (WBID#
1558BZ). The point of discharge is located approximately at latitude 2737' 25" N, longitude 8232' 19" W.
The following data summary from Outfall D-001 (review period August 1, 2017 – September 22, 2022) is
representative future discharges. Pollutants which are present in significant quantities, or which are subject to
permit limitations are as follows:
Monitoring Group D-002: An existing non-contact stormwater discharge, which is approximately 2.5-feet in
length and discharges at a height of approximately 1-foot, to Scale Avenue Ditch Class III Fresh Waters, and then
Piney Point Creek, Class III Marine Waters (WBID # 1789), and ultimately to Tampa Bay, Class II Marine
Waters, (WBID# 1558B) . The point of discharge is located approximately at latitude 2738' 5" N, longitude
8232' 2" W.
The following data summary from Outfall D-002 (formerly D-02R; review period August 1, 2017 – September 22,
2022) is representative of future discharges. Pollutants which are present in significant quantities, or which are
subject to permit limitations are as follows:
Monitoring Group D-003: An existing non-contact stormwater discharge, which is approximately 2-feet in length
and discharges at a height of approximately 2-feet, to Buckeye Road Ditch Class III Fresh Waters, and then
Bishops Harbor, Class II Marine Waters (WBID# 1797B), and ultimately to Tampa Bay, Class II Marine Waters
(WBID# 1558BZ),. The point of discharge is located approximately at latitude 2737' 25" N, longitude 8231'
54" W.
The following data summary from Outfall D-003 (review period August 1, 2017 – September 22, 2022) is
representative of discharges. Pollutants which are present in significant quantities or which are subject to permit
limitations are as follows:
Ground Water Discharge: This Facility has the potential for ground water discharges from the uncovered
material storage areas, and the lined and unlined areas of the phosphogypsum stack system. A ground water
monitoring well network is used to detect and measure impacts that may occur from the material storage areas and
the entire phosphogypsum stack system.
The following ground water data review (review period August 1, 2017 – September 22, 2022) is representative
of future discharges. Pollutants which are present in significant quantities or which are subject to permit
limitations are as follows:
GWMP G-001
GWMP G-002
Parameter Units Statistic MWC-2R MWC-5R MWC-08 MWC-09 MWC-13 MWC-18 MWC-19 MWC-22 MWC-23
al Basis
Water Level Min 5.65 4.06 5.13 7.45 2.39 5.41 5.6 5.73 6.39
Relative to Feet Avg 12.523 5.705714 6.309524 18.56048 3.454286 18.40714 11.69667 11.92 11.86905
NGVD Max 15.64 11.4 11.74 26.82 9.33 24.16 17.15 15.83 15.86
Min 20.8 20.6 21.2 21.2 21.2 21.2 21.6 20 19.7
Temperature,
ºC Avg 23 23.43905 23.93524 23.85714 24.22571 23.3381 23.9581 22.83143 23.07762
Water
Max 25 25.57 25.5 26 26.4 25.2 25.5 24.34 24.8
Min 610 700 1015 1628 4052 1201 1050 750 660
Specific
µmho/cm Avg 760.6364 834.7619 1496.238 2995.667 4752.476 5338.524 1133.762 1010.952 725.7619
Conductance
Max 837 1022 6330 4580 5540 7520 1550 1474 786
pH Min 5.72 6.72 5.7 5 6.2 5.6 6.3 6.29 6.16
s.u. Avg 5.898182 6.939 6.756667 5.359524 6.435714 6.01381 6.591905 6.565714 6.37
Max 6.3 7.3 7 6.1 6.7 6.7 7 7.01 6.82
Turbidity Min 0.68 0.5 0.36 0.5 3.8 0.93 0.7 0.7 3.18
NTU Avg 2.218 2.4505 2.6645 1.0955 8.773 2.7885 4.8865 5.7865 10.8095
Max 5.78 7.2 6.6 2.1 19.5 7.83 11.3 25.6 55.9
Sodium, Total Min 33 22.1 26.1 37.8 333 34.7 28.2 0.034 16.1
Recoverable mg/L Avg 37.18182 39.00476 73.83333 199.545 446.4762 572.9381 34.82381 42.27305 26.90476
Max 41.5 73.3 754 519 519 850 65 77.8 31.6
Fluoride, Min 0.362 0.289 0.047 0.03 0.03 0.03 0.03 0.596 0.03
Total (as F) mg/L Avg 0.828364 0.473619 0.733905 0.038381 0.412429 0.173619 0.395476 0.849857 0.812238
Max 1.34 0.916 1.89 0.113 1.69 1.46 1.4 1.32 1.38
Sulfate, Total Min 49.8 112 153 1275 1268 262 265 55.5 69.8
mg/L Avg 87.41818 153.8095 441.5238 1795 1574.143 2406.857 311.4762 134.7714 94.52857
Max 159 205 2901 2600 2488 3408 455 304 121
GWMP G-002
Parameter Units Statistic MWC-2R MWC-5R MWC-08 MWC-09 MWC-13 MWC-18 MWC-19 MWC-22 MWC-23
al Basis
Nitrate + Min 0.004 0.004 0.004 0.006 0.004 0.006 0.006 0.006 0.006
Nitrite, Total mg/L Avg 0.015 0.02919 0.012 0.050571 0.020286 0.068333 0.547095 0.029286 0.021762
Max 0.084 0.323 0.09 0.168 0.106 0.333 11 0.141 0.175
Phosphate, Min 0.011 0.017 0.03 0.002 0.601 0.004 0.008 0.876 0.002
Ortho (as P) mg/L Avg 0.362818 0.399143 30.87671 0.010333 5.710048 123.725 0.302476 6.246476 0.314952
Max 1.89 1.13 643 0.035 13.2 373 1.14 12.5 2.67
Solids, Total Min 408 480 648 1780 2656 812 708 388 328
Dissolved mg/L Avg 485.8182 559.4286 1078.19 2489.048 3190.857 4094.095 781.7143 532 410.1905
(TDS) Max 616 632 4936 3632 3490 6028 1008 740 476
Alpha, Gross Min 1.1 2.5 5 9.2 12 2.5 2.7 1.2 1
Particle pCi/L Avg 2.154545 5.67619 9.319048 28 18.16667 6.37619 6.371429 2.161905 1.952381
Activity Max 4.8 9.9 17.9 52.5 28.8 12.4 13.8 4.5 5.4
Radium 226 + Min - - 4.4 5.2 4.5 - - - -
Radium 228, pCi/L Avg - - 4.9 7.90625 7.25625 - - - -
Total Max - - 5.4 12 14.6 - - - -
Min 0.689 2.44 1.87 0.689 0.689 0.689 0.689 0.689 1.89
Arsenic, Total
µg/L Avg 1.568 4.8285 4.65381 2.19381 6.01381 1.814095 2.356571 11.6609 5.670952
Recoverable
Max 4.44 7.8 9.14 11.5 15.4 18.5 10.5 20.8 27.3
Cadmium, Min 0.9 0.9 0.9 0.9 0.9 0.9 0.9 0.9 0.9
Total µg/L Avg 1.136364 1.242857 1.28619 1.152381 1.439524 1.338095 1.238095 1.314286 1.280952
Recoverable Max 2.3 4.5 3.9 2.5 3 3.3 4.5 5.9 5.2
Chromium, Min 2 2 2 2 2 2 2 2 2
Hexavalent Avg
µg/L 2.463636 2.709524 2.829048 2.980952 4.132857 6.990476 2.371429 2.37619 2.147619
Total
Recoverable Max 3.7 4.9 6.6 6.6 8.2 12.9 3.8 4.7 3.8
Min 0.008 0.007 0.67 0.67 0.67 0.67 0.67 0.004 0.003
Lead, Total
µg/L Avg 1.485818 1.2503 1.609524 1.367238 1.544762 1.598571 1.55 1.43019 1.193667
Recoverable
Max 8.6 8.4 12 12.8 16 11 11.1 8.33 10.9
Monitoring Group U-001: A new 4.05 MGD annual average daily flow (AADF) permitted capacity Class I
underground injection control well issued to Manatee County Utilities [Permit Number(s) 0322708-002-UC/1I
(WACS ID 101607)] discharging to Class G-IV ground water. Underground Injection Well System U-001 is
located approximately at latitude 27°37' 16.6" N, longitude 82°31' 42.6" W.
The permitted surface water discharges will be limited to non-contact stormwater. The Permittee is required to
submit a Plan of Study to evaluate non-contact stormwater discharges (D-001, D-002, D-003) to ensure compliance
with the applicable numeric nutrient criteria for Tampa Bay established in Rule 62-302.532, F.A.C., and the TN
rolling 5-year annual average loading value of 0.9 tons/year. As part of the Plan, the Permittee shall provide
recommendations regarding compliance with numeric nutrient criteria for the receiving waterbody and downstream
waters in accordance with Rule 62-302.532, F.A.C.
The combined total TN load from the D-001, D-002 and D-003 is not to exceed 0.9 tons/year calculated as a five-
year average of the yearly totals respectively.
This Facility does not have a new or expanded discharge to surface waters.
The Department does not anticipate adverse impacts on threatened or endangered species as a result of permit issuance.
1. This Facility is authorized to discharge stormwater from Outfall D-001 to Buckeye Road Ditch; discharge from
Outfall D-002 to Scale Avenue Ditch; and discharge from Outfall D-003 to Buckeye Road Ditch based on the
following:
2. Technology based effluent limitations (TBELs) are minimum waste treatment requirements based on treatment
technologies for reducing discharges of pollutants into receiving waters. TBELs are established, for industrial
wastewater facilities, by state rule in Chapters 62-620, 62-660, and 62-670, F.A.C. TBELS may also be developed
in accordance with best professional judgment. No TBELs are included in the permit for the D-001, D-002 and D-
003 monitoring groups.
3. Water quality-based effluent limitations (WQBELs) are effluent limitations, which may be more stringent than a
technology based effluent limitation, that have been determined necessary by the Department to ensure that water
quality standards in a receiving body of water will not be violated. WQBELs are developed in accordance with
Chapter 62-650, F.A.C., and are based on the characteristics of the discharge, the receiving water characteristics,
and the criteria and standards in Chapters 62-4, 62-302, and the 62-600 series, F.A.C. WQBELs may also be
developed based on Total Maximum Daily Load (TMDL) allocations adopted in Chapter 62-304, F.A.C., or
allocations developed as part of a Basin Management Action Plan (BMAP) or a Reasonable Assurance Plan (RAP).
WQBELs are included in the permit for the following pollutants of concern:
a. Effluent characterization of the discharge and historical discharge monitoring results have been evaluated in
accordance with the Department's reasonable assurance procedures to ensure that no limits other than those
included in this permit are needed to comply with Florida water quality standards.
b. Rule 62-302.500(1)(a)4, F.A.C., requires the Facility to conduct acute toxicity testing for this discharge.
4. This Facility is authorized to discharge process wastewater to Underground Injection Well System U-001 which
consists of 1 Class I injection wells discharging to Class G-IV ground water based on the following:
Under Section 303(d) of the Clean Water Act, the Department is required to submit lists of impaired waters to EPA.
The direct and downstream receiving water bodies for this Facility's discharge to surface waters are included in the
table, below:
RECEVING WATERBODY DETAILS
Immediate Discharging Waterbody
Outfall Receiving Water body Included in 303(d)
Impaired Parameters
ID ID/Name List
D-001 1797B / Buckeye Road FDEP – Yes
Fecal Coliform
D-003 Ditch/Bishops Harbor EPA - Yes
FDEP – Yes
1789/ Scale Avenue Enterococci
D-002 EPA - Yes
Ditch/Piney Point Creek
Downstream Waterbody
FDEP – Yes
1558BZ/ Tampa Bay
D-001 EPA - Yes
(Lower Segment/Lower Fecal Coliform
D-003
North)
a. Responsible Official: On April 12, 2022, the Department received a Notification of Sale or Legal Transfer, DEP
Form 62-620.910(11), to transfer the Permit from HRK to Donica Receivership Services, LLC. This change was
incorporated in this draft permit [Rule 62-620.305, F.A.C.].
b. Wastewater Treatment: Revised to reflect discontinuation of manufacturing and double-lime treatment of process
water, followed by ammonia removal. The purpose for transfer and renewal of the Permit is to implement the
Receiver’s Order and the Conceptual Closure Plan. All residual process water will be managed by Manatee
County with no releases to surface water.
c. I.: Effluent Limitations and Monitoring Requirements: Surface Water Discharges:
1. Surface Water Discharges: Outfalls D-001, D-002, and D-003 revised to reflect sampling parameters required
by specific waterbody classifications.
2. I.A.1 Outfall 002: Revise to reflect elimination of treated non-process water discharges. Apply same specific
condition to outfall 001; flow through outfall 001 will be comprised solely of storm water runoff from closed
portions of the phosphogypsum stack system.
3. I.A.2 Outfall 003: Revise to reflect elimination of treated process water discharges. Flow through outfall 003
will be comprised solely of storm water runoff from closed portions of the phosphogypsum stack system.
4. I.B. Revised to reflect the addition of Underground injection system U-001 monitoring requirements.
d. III. Ground Water Requirements:
1. Revise to reflect that seepage of residual process water into groundwater is limited to residual process water
beneath the HDPE liners installed over the previously unlined phosphogypsum stack system that is not
collected by the active seepage containment system.
2. Two new monitoring groups have been established, GWMP-004 consists of piezometers to monitor the
integrity of the slurry wall; GWMP-005 consists of piezometer to monitor the integrity of the phosphogypsum
stack.
f. General revisions affected on the permit to update general condition language and rule references.
Ground water monitoring requirements have been established in accordance with Chapter 62-520, F.A.C.
8. PERMIT SCHEDULES
The following schedule is included in the permit in accordance with 62-620, F.A.C.:
In accordance with Section 304(e) and 402(a)(2) of the Clean Water Act (CWA) as amended, 33 U.S.C. §§ 1251 et
seq., and the Pollution Prevention Act of 1990, 42 U.S.C. §§ 13101-13109, the permittee must develop and implement
a Stormwater Pollution Prevention (SWPP) Plan for the Facility covered by this permit. The following schedule is
included in the permit in accordance with 62-620, F.A.C.:
20. This permit is accompanied by an Administrative Order, effective on the same date as the permit issuance, which
requires an evaluation of the Non-Contact Stormwater Discharge. The Permittee is required to submit for the
Department’s review and approval a Plan of Study (Plan) to evaluate the Facility’s non-contact stormwater
discharges (D-001, D-002, D-003) to ensure that it meets the applicable numeric nutrient criteria for Tampa Bay
established in Rule 62-302.532, F.A.C., and the TN rolling 5-year annual average loading value of 0.9 tons/year for
the Facility. As part of the Plan, the Permittee shall provide recommendations regarding compliance with numeric
nutrient criteria for the receiving waterbody and downstream waters in accordance with Rule 62-302.532, F.A.C.
The Permittee shall coordinate with the Department to determine the information required, accepted methods of data
collection and analysis, and quality control/quality assurance requirements. The Plan shall be approved in writing
by the Department and shall be binding upon the Department and the Permittee.
The administrative record including application, draft permit, fact sheet, public notice (after release), comments
received and additional information is available for public inspection during normal business hours at the location
specified in item 14. Copies will be provided at a minimal charge per page.
13. PROPOSED SCHEDULE FOR PERMIT ISSUANCE
Draft Permit and Public Notice to Applicant and EPA April 28, 2023
Additional information concerning the permit and proposed schedule for permit issuance may be obtained during
normal business hours from:
Lance Kautz
Division of Water Resource Management,
Phosphate Management Program
13051 N Telecom Parkway, Suite 101
Temple Terrace, FL 33637-0926
Telephone No.: 813-470-5909
± 0 600
Feet
1,200
SWD-02 /
"
N
41
Y
HW
US
D-002
.
!
Manatee Bulk
Storage LLC
/
" SWB-02
Manatee Bulk
Storage LLC
Allied New
Technologies
NCP
2 Inc
NGSN
Air Products and
Thatcher
Chemicals Inc.
Chemical
Of Florida
Basin #1
OGSN NGSS
SCP
Basin #2
OGSS
LPWS
SWD-01/03
*
#
*
#
BER/41 West D-003
/"
" / !
. D-001 .
!
/ SWB-01/03
" Buckeye Road
SWB-03BR
R
! Bud Rhoden
BER/41 East
SWD-03AR
Armstrong Rd Legend *
#
Structure No. 1
/
" Project Boundary * Structure No. 2
#
Basins NCP - North Cooling Pond
Soil Bentonite Clay Slurry Wall SCP - SoUth Cooling Pond
Underground Seepage Collection NGSN - New Gypsum Stack North
NGSS - New Gypsum Stack South
. Outfall
! OGSS - Old Gypsum Stack South
/ Surface Water Monitoring Location
" OGSN - Old Gypsum Stack North
! Potw Meter
R LPWS - Lined Process Water Sump
FIGURE X-SW
SURFACE WATER MONITORING LOCATIONS
FORMER PINEY POINT CHEMICAL COMPLEX
PALMETTO, MANATEE COUNTY, FLORIDA
Sources: Hillsborough Co. Imagery, 2020; ECT, 2022.
± 0 600
Feet
1,200
N
41
Y
HW
US
D-002
.
!
Manatee Bulk
Storage LLC
Manatee Bulk
Storage LLC
#
0 #
0 #
0
MWC-18
MWC-19
Allied New
Technologies
NCP
Air Products and
2 Inc
#
0 NGSN
Chemicals Inc. Thatcher
Chemical
Of Florida
Basin #1 #
0
#
0 MWB-10B
MWC-08
MWI-03
MWI-04B
!#
R0 #
0
OGSN NGSS
SCP
Basin #2
OGSS
LPWS
*
# MWP-106A
D-001
*
#
#
0! D-003 #
0
. .
! #
$
0
1
MWC-13 MWC-23 #
0 Buckeye Road
MWP-106
#
0 MWC-5R #
0#
0
MWC-22 MWB-07
MWB-01
Structure No. 1
*
#
Legend * Structure No. 2
#
Project Boundary NCP - North Cooling Pond
Basins SCP - SoUth Cooling Pond
Soil Bentonite Clay Slurry Wall NGSN - New Gypsum Stack North
NGSS - New Gypsum Stack South
Underground Seepage Collection OGSS - Old Gypsum Stack South
. Outfall
! OGSN - Old Gypsum Stack North
! Potw Meter
R LPWS - Lined Process Water Sump
FIGURE X-GW
GROUNDWATER MONITORING LOCATIONS
FORMER PINEY POINT CHEMICAL COMPLEX
PALMETTO, MANATEE COUNTY, FLORIDA
Sources: Hillsborough Co. Imagery, 2020; ECT, 2022.
± 0 600
Feet
1,200
N
41
Y
HW
US
D-002
.
!
Manatee Bulk
Storage LLC
Manatee Bulk
Storage LLC
No. 3
B-D3B P-D4B
B-D3A N
'
Allied New
Technologies
P-D3B
2 Inc
NCP
MW-11 P-D4A
P-D3A
Basin #1 B-D1B
B-D1A
R
! N No. 14
'
OGSN NGSS
SCP
B-MG1A B-MG1B
Basin #2
OGSS
LPWS
P-D2B P-D2A P-D1B B-MG4B B-MG4A
*
# P-D1A
*
# N No 1, 2, 3
D-003
'
.
! .
!
D-001 Buckeye Road
Legend *
#
Structure No. 1
Project Boundary * Structure No. 2
#
Basins NCP - North Cooling Pond
Soil Bentonite Clay Slurry Wall SCP - SoUth Cooling Pond
Underground Seepage Collection NGSN - New Gypsum Stack North
NGSS - New Gypsum Stack South
. Outfall
! OGSS - Old Gypsum Stack South
! Potw Meter
R OGSN - Old Gypsum Stack North
N Kelley Well
' LPWS - Lined Process Water Sump
FIGURE X-PIEZ
PIEZOMETER LOCATIONS
FORMER PINEY POINT CHEMICAL COMPLEX
PALMETTO, MANATEE COUNTY, FLORIDA
Sources: Hillsborough Co. Imagery, 2020; ECT, 2022.