Piney Point Settlement

Case 8:21-cv-01521-WFJ-CPT Document 187 Filed 07/08/24 Page 1 of 4 PageID 3497
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
CENTER FOR BIOLOGICAL

DIVERSITY, TAMPA BAY
WATERKEEPER, SUNCOAST
WATERKEEPER, MANASOTA-88, and
OUR CHILDREN’S EARTH
FOUNDATION,
Plaintiffs,
v.
and Case No. 8:21-cv-1521-WFJ-CPT
SHAWN HAMILTON, in his official JOINT NOTICE OF SETTLEMENT
capacity as SECRETARY, FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION,
and
HRK HOLDINGS, LLC,
Defendants.
Plaintiffs and Defendant Shawn Hamilton, Florida Department of
Environmental Protection (“FDEP”) (collectively, the “Parties”) jointly notify the
Court that the Parties have settled the claims brought against FDEP. The terms of
the settlement are attached hereto as Exhibit A (the “Settlement”). This Notice,
the Settlement, and/or the attaching of the Settlement to this Notice as an exhibit
are not intended to create continuing jurisdiction of this Court over FDEP, the
claims against FDEP, and/or to enforce the Settlement.

Pursuant to the Settlement, Plaintiffs will dismiss with prejudice their claims
against FDEP within three business days of the effective date of the National
Pollutant Discharge Elimination System permit for Piney Point (the “Permit”).
Additionally, within three business days of the effective date of the Permit,
Plaintiffs will dismiss with prejudice their claims concerning the Resource
Conservation and Recovery Act against both FDEP and Defendant HRK Holdings,
LLC.
July 8, 2024 Respectfully submitted,
/s/ Daniel C. Snyder /s/ Ragan Whitlock

Daniel C. Snyder, pro hac vice Ragan Whitlock, Florida Bar No.
PUBLIC JUSTICE 1034177
1620 L Street NW, Suite 630 Center for Biological Diversity
Washington, DC 20036 P.O. Box 2155
Tel: (202) 861-5251 St. Petersburg, FL 33731
Fax: (202) 232-7203 Tel: (727) 426-3653
[email protected] [email protected]
Lead Counsel for Plaintiffs /s/ Justin Bloom

Justin Bloom, Florida Bar No. 89109
/s/ Charles Tebbutt PO Box 1028
Charles M. Tebbutt, pro hac vice Sarasota, FL 34230
Law Offices of Charles M. Tebbutt, P.C. Tel: (941) 275-2922
941 Lawrence St.
Eugene, OR 97401 [email protected]
Tel: (541) 344-3505
Fax: (541)344-3516
[email protected]
Counsel for Plaintiffs
/s/ Jesse Panuccio
Jesse Panuccio
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Florida Bar No. 31401

Carl Goldfarb
Fla. Bar No. 125891
Boies Schiller Flexner LLP
401 E. Las Olas Blvd. Ste. 1200
Fort Lauderdale, FL 33301
Telephone: (954) 356-0011
Email: [email protected]
Counsel for Defendant FDEP
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CERTIFICATE OF SERVICE
I hereby certify that on July 8, 2024, I electronically filed the foregoing
document with the Clerk of the Court using CM/ECF. I also certify that the
foregoing document is being served this day on all counsel of record via
transmission of Notices of Electronic Filing generated by CM/ECF.
/s/ Daniel C. Snyder

Daniel C. Snyder, pro hac vice
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Case 8:21-cv-01521-WFJ-CPT Document 187-1 Filed 07/08/24 Page 1 of 60 PageID 3501
SETTLEMENT AGREEMENT
BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND CENTER FOR BIOLOGICAL DIVERSITY, TAMPA BAY WATERKEEPER,
SUNCOAST WATERKEEPER, MANASOTA-88, AND OUR CHILDERN’S EARTH
FOUNDATION
This Settlement Agreement is entered into by and between the Florida Department of
Environmental Protection, including, Shawn Hamilton, in his official capacity as Secretary
of Florida Department of Environmental Protection (“FDEP”), and Center for Biological
Diversity, Tampa Bay Waterkeeper, Suncoast Waterkeeper, Manasota-88, and Our
Children’s Earth Foundation (“Plaintiffs”), FDEP and Plaintiffs collectively referred to as
(“Parties”).
BACKGROUND
In June 2021, Plaintiffs filed suit against FDEP in the United States District Court for
the Middle District of Florida, styled as Center for Biological Diversity, Tampa Bay Waterkeeper,
Suncoast Waterkeeper, Manasota-88 and Our Children’s Earth Foundation v. Shawn Hamilton, in his
official capacity as Secretary, Florida Department of Environmental Protection and HRK Holdings,
LLC., Case No. 8:21-cv-1521-WFJ-CPT (the “Litigation”).
As more fully described in the Litigation, Plaintiffs allege that FDEP violated the
Resource Conservation and Recovery Act and the Clean Water Act related to activities at a
phosphogypsum stack referred to as Piney Point in Manatee County, Florida. FDEP denies
all alleged violations.
Additionally, on April 28, 2023, the Department issued its notice of the draft National
Pollution Discharge Elimination System (NPDES) wastewater permit for the Piney Point
facility and is now in a position to issue its agency action regarding the NPDES wastewater
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permit and accompanying Administrative Order for the Piney Point facility, File No.
FL0000124 as depicted in Exhibit A attached to this Settlement Agreement (the “Permit”).
The Parties desire to enter into this agreement to provide for a full and complete
settlement and discharge of the Litigation and all claims asserted against FDEP.
SUBSTANTIVE PROVISIONS
In exchange for the mutual promises contained herein and for other good and valuable
consideration, the receipt of which is expressly acknowledged, the Parties agree as follows:
I. FDEP’s Covenants and Responsibilities
1. Upon the effective date of the Permit (the “Permit Effective Date”) and until
closure of the Piney Point site is completed in accordance with the Receiver’s closure plan in
effect at the date of execution of this settlement, FDEP will load the following documents
onto the FDEP public Oculus system within ten business days of receipt by the FDEP:
a. Discharge Monitoring Reports (DMRs), and attachments thereto,
submitted to FDEP pursuant to any renewed or reissued NPDES Permit
FL0000124 following the effective date of this Settlement Agreement;
b. bioassay laboratory reports generated according to EPA-821-R-02-012-
Section 12 (These reports are submitted separately but are usually also attached
to the DMRs.);
c. effluent samples results taken at monitoring sites listed in Permit
Condition I.A.14.1 for monitoring of the Underground Well Injection System
U-001;
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d. effluent samples results taken at monitoring site locations listed in
NPDES Permit No. FL0000124, Conditions I.A.1., I.A.3., I.A.5, I.A.7,
including DMRs and monitoring of non-contact stormwater discharges from
Outfalls D-001, D-002, and D-003, and interim period monitoring and
reporting, respectively;
e. quarterly monitoring results of whole effluent toxicity limits for both
Ceriodaphnia dubia and Cyprinella leeda;
f. monthly average calculations results of total ammonia nitrogen, pH,
and temperature;
g. results of routine toxicity tests provided to FDEP from outfall D-001,
D-002, and D-003 (on DMRs and separately submitted bioassay reports);
h. reports of sampling of monitoring wells submitted to FDEP, including
all groundwater sampling reports at monitoring wells identified in NPDES
Permit Condition III.B.4., and III.B.6.(DMRs, Part D);
i. ground water monitoring test results submitted on Part D of Form 62-
620.910(10) in accordance with Permit Condition I.D.3;
j. analytical results for any preserved sample taken for the determination
of gross alpha particle activity and combined radium;
k. annual average for Beryllium reported;
l. annual nutrient loads reported for Total Nitrogen and Total
Phosphorous;
m. the annually updated projected water balance required by Rule 62-
672.780(8) Florida Administrative Code (F.A.C.);
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n. the annual phosphogypsum stack inspection report required by Rule 62-
672.770(5), F.A.C.;
o. the submittal of a critical condition report for a sinkhole or karst feature
required by Rule 62-672.770(4), F.A.C.; and
p. any noncompliance which may endanger health or the environment
pursuant to the criteria of Rule 62-620.610(20), F.A.C., which is subject to the
public notification of pollution required by Section 403.077, Florida Statutes. 1
2. Within sixty days of the Permit Effective Date, FDEP will provide a one-time
payment of $75,000.00 to the Tampa Bay Estuary Program located at 263 13th Ave. S., Suite
350 St. Petersburg, FL 33701, to monitor ambient water quality in and around the area where
Piney Point’s discharge enters Tampa Bay, as indicated on the map attached as Exhibit B. All
data collected will be provided to the Parties. The one-time payment will be used to support
water-quality monitoring at one or more representative locations in either area where Piney
Point phosphogypsum stack system discharges to Tampa Bay, as indicated on the map
attached as Exhibit B.
a. The monitoring will include, at a minimum, the following water-quality parameters:
temperature, specific conductivity, salinity, dissolved oxygen, pH, turbidity, total
nitrogen and total phosphorus concentrations.
b. The monitoring will include the following supplemental water-quality parameters,
where feasible based on consultation with the Tampa Bay Estuary Program:
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All public notices of pollution are available at https://floridadep.gov/pollutionnotice and
will not be separately listed in FDEP’s Oculus System.
4
chlorophyll-a, fluorescent dissolved oxygen matter (FDOM), and partial pressure for
carbon dioxide (pCO2).
II. Plaintiffs’ Covenants and Responsibilities
1. Until the Permit Effective Date, Plaintiffs will agree to hold in abeyance all
claims and causes of action against FDEP in the Litigation. In the event the Court denies
holding any of Plaintiffs’ claims or causes of action against FDEP in abeyance, this agreement
will become null and void.
2. Within three business days of the Permit Effective Date, Plaintiffs will dismiss
with prejudice all claims and causes action against FDEP in the Litigation. Plaintiffs hereby
release any and all claims against FDEP or any State of Florida entity, official, or employee
based upon or arising from the factual predicates of the Litigation.
3. Within three business days of the of the Permit Effective Date, Plaintiffs will
dismiss with prejudice their causes of action related to the Resource Conservation and
Recovery Act against HRK Holdings, LLC in the Litigation. With respect to Plaintiffs’
remaining Clean Water Act (CWA) claim against HRK Holdings, LLC, Plaintiffs agree they
will not seek injunctive relief under the CWA or any other theory.
4. Plaintiffs will not seek, in the Litigation, discovery from FDEP; any State of
Florida entity; any past, current, or future FDEP or State of Florida official or employee; or
the Receiver.
5. Plaintiffs will not oppose the filing of one or more amicus briefs in the
Litigation on issues FDEP deems relevant to its interests.
6. Plaintiffs acknowledge that FDEP has appropriately considered Plaintiff’s
comments regarding the draft National Pollution Discharge Elimination System renewal
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permit for the Piney Point Phosphogypsum Stack System, File No. FL0000124. Plaintiffs
further acknowledge that so long as the Permit is issued, Plaintiffs waive their right to an
administrative hearing pursuant to sections 120.569 and 120.57, Florida Statutes, on the terms
of the Permit and agree not to bring an administrative action in any form based on alleged
deficiencies in the Permit. Plaintiffs further agree not to induce, support, or fund other
individuals or entities to file a challenge or dispute the Permit in any forum.
III. General Conditions
1. Effective Date: This Settlement Agreement is final and effective upon execution
by the Parties.
2. Attorney’s Fees, Costs and Expenses: The Parties will bear their own attorney’s
fees, costs, and expenses and hereby release any and all claims against each other to recover
same.
3. No Continuing Jurisdiction: The Parties agree that once Plaintiffs dismiss the
claims against FDEP in accordance with the above terms, the Court shall have no continuing
jurisdiction over this matter as between and among the Parties. The Parties further agree that
the filing with the Court of a notice of settlement, including with this Settlement document
as an exhibit, shall not confer any continuing jurisdiction on the Court over this matter as
between and among the Parties.
4. Construction: In the event of a dispute regarding any term or condition set forth
in this Agreement or its exhibits or documents required hereunder, it is the express intent and
agreement of the Parties that the most reasonable interpretation and construction of such
language, term(s) or condition(s) shall apply, notwithstanding which party to this Settlement
Agreement was responsible, in whole or in part, for drafting the language.
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5. Amendments: The Parties agree that this Settlement Agreement cannot be
amended, or modified, changed, or terminated, except by a writing executed by all of the
Parties hereto or their respective administrators, trustees, personal representatives, and
successors.
6. Waiver: No waiver of any provision of this Settlement Agreement shall
constitute waiver of any other provision of this Settlement Agreement.
7. Notice and Opportunity to Cure: If any party to this Settlement Agreement
alleges another party has violated any provision of this Settlement Agreement, the party
alleging the violation shall provide written notice of the alleged violation and a reasonable
opportunity to cure before taking any action to enforce this agreement. Prior to filing any
judicial action to enforce this agreement, the party intending to file such an action must offer
to mediate the dispute, at a cost to be split by the parties, and attend such mediation in good
faith should the other party accept.
8. Governing Law: This Settlement Agreement shall be governed and construed
in accordance with the laws of the State of Florida, both as to interpretation and performance.
9. Settlement Authority: The persons signing this Settlement Agreement in a
representative capacity represent to the other Parties that entry into this Settlement Agreement
has been duly authorized, that the person signing this Settlement Agreement is duly
authorized to sign on behalf of such Party, and the Settlement Agreement is binding upon the
represented Party.
10. Counterparts: This Settlement Agreement may be executed in counterparts,
each of which shall be deemed to be an original and all of which together shall constitute one
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and the same instrument. Executed counterparts exchanged by PDR, email, facsimile
transmission, or other electronic means shall be considered to be originals for all purposes.
/s/ Daniel C. Snyder /s/ Ragan Whitlock

Daniel C. Snyder, pro hac vice Ragan Whitlock, Florida Bar No. 1034177
PUBLIC JUSTICE Center for Biological Diversity
1620 L Street NW, Suite 630 P.O. Box 2155
Washington, DC 20036 St. Petersburg, FL 33731
Tel: (202) 861-5251 Tel: (727) 426-3653
Fax: (202) 232-7203 [email protected]
[email protected]
/s/ Justin Bloom
Lead Counsel for Plaintiffs Justin Bloom, Florida Bar No. 89109
PO Box 1028
/s/ Charles Tebbutt Sarasota, FL 34230
Charles M. Tebbutt, pro hac vice Tel: (941) 275-2922
Law Offices of Charles M. Tebbutt, P.C. [email protected]
3026 NW Esplanade
Seattle, WA 98117
Tel: (541) 285-3717
[email protected]
Counsel for Plaintiffs
/s/ Jesse Panuccio
Jesse Panuccio
Florida Bar No. 31401
Carl Goldfarb
Fla. Bar No. 125891
Boies Schiller Flexner LLP
401 E. Las Olas Blvd. Ste. 1200
Fort Lauderdale, FL 33301
Telephone: (954) 356-0011
Counsel for Defendant FDEP
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PLAINTIFFS’ SIGNATURES
For Plaintiff Center for Biological Diversity: For Plaintiff ManaSota-88:
Signature Signature
Name: Elise Bennett Name:
Date: June 24, 2024 Date:
For Plaintiff Tampa Bay Waterkeeper: For Plaintiff Suncoast Waterkeeper:
Signature Signature
Name: Name:
Date: Date:
For Plaintiff Our Children’s Earth

Foundation:
Signature
Name:
Date:
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Signature Signature
Name: Name: Glenn Compton
Date: Date: June 24, 2024
Signature Signature
Name: Name:
Date: Date:

Foundation:
Signature
Name:
Date:
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Signature Signature
Name: Name:
Date: Date:
Signature
Signature
Name: Justin Tramble
Name: Abbey Tyrna
Date: June 10, 2024
Date: June 6, 2024

Foundation:
Signature
Name: Tiffany Schauer
Date: 6/11/2024
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FDEP’S SIGNATURE
Signature
Name: John A. Coates

Title: Director, Division of Water Resource Management
Date: June 28, 2024
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FLORIDA DEPARTMENT OF Ron DeSantis

Governor
Environmental Protection Jeanette Nuñez

Lt. Governor
Division of Water Resource Management, Phosphate Shawn Hamilton
Management Program Secretary
13051 N Telecom Parkway, Suite 101
Temple Terrace, Florida 33637-0926
[DATE]
SENT BY EMAIL TO:
([email protected])
In the Matter of an
Application for Permit by:
Donica Receivership Services, LLC Permit Number: FL0000124

Mr. Herbert R. Donica PA File Number FL0000124-006-IW1S/NR
Receiver, Piney Point Facility Manatee County
238 East Davis Boulevard, Suite 209 Piney Point Phosphogypsum Stack System
Tampa, Florida 33606
[email protected]
INTENT TO ISSUE
The Department of Environmental Protection gives notice of its intent to issue a permit (copy of
conditions 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.
This permit authorizes the discharge of non-contact stormwater to Buckeye Road Ditch through
two outfalls; discharge non-contact stormwater to Scale Avenue Ditch; and recognizes the
transfer of process wastewater to be injected 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 on 13500 Scale Avenue, Palmetto, Florida 34221 in Manatee County and
geographically at:
Latitude: 27o 37' 45.8924" N Longitude: 81o 31' 51.1401" W
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).
Exhibit A
Donica Receivership Services, LLC Permit No.: FL0000124

Piney Point Phosphogypsum Stack System PA File No.: FL0000124-006-IW1S/NR
Notice of Intent to Issue Permit Page 2 of 5
Outfall D-002 discharges non-contact stormwater 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 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 Order (AO-
001SWPM23) pursuant to paragraphs 403.088(2)(e) and (f), Florida Statutes (F.S.), 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 and create a comprehensive ground water monitoring plan 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, F.S., and applicable F.A.C.
rules.. 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
Exhibit A

The Department will issue the permit unless a petition for an administrative hearing is timely
filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the
filing of a timely and sufficient petition, this action will not be final and effective until further
order of the Department. Because the administrative hearing process is designed to formulate
final agency action, the hearing process may result in a modification of the agency action or even
denial of the application.
Petition for Administrative Hearing

A person whose substantial interests are affected by the Department's action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules
28-106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the
following information:
(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 agency determination;
(c) A statement of when and how the petitioner received notice of the agency 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 that the
petitioner contends warrant reversal or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or
modification of the agency'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 that the
petitioner wishes the agency to take with respect to the agency's proposed action.
The petition 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, or via electronic correspondence at [email protected]. Also, a copy of the
petition shall be mailed to the applicant at the address indicated above at the time of filing.
Time Period for Filing a Petition

In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed
within 14 days of receipt of this written notice. Petitions filed by any persons other than the
applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be
filed within 14 days of publication of the notice or within 14 days of receipt of the written notice,
whichever occurs first. The failure to file a petition within the appropriate time period shall
constitute a waiver of that person's right to request an administrative determination (hearing)
under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a
Exhibit A

party to it. 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, F.A.C.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department's action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension of time.
Requests for extension of time must be filed with the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
3000, or via electronic correspondence at [email protected], before the deadline
for filing a petition for an administrative hearing. A timely request for extension of time shall toll
the running of the time period for filing a petition until the request is acted upon.
Mediation
Mediation is not available in this proceeding.
EXECUTION AND CLERKING

Executed in Tallahassee, Florida
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
_______________________________
John A. Coates, P.E.
Director Division of Water Resource Management
Attachment(s):
1. Notice of Intent to Issue Permit for newspaper publication
2. Permit No. FL0000124-006
3. Administrative Order AO-001SWPM23
4. Amendment to Fact Sheet
5. Draft DMRs
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:
NPDES Permit Review, USEPA-Region 4/ATL ([email protected]) [SIC Code - 2874]

Jeff Barath, Piney Point ([email protected])
Scott Martin, Piney Point ([email protected])
Gary Uebelhoer, ECT ([email protected])
Phong Vo, P.E., Ardaman & Associates ([email protected])
Reinaldo Rolo, Ph.D., P.E., Ardaman & Associates ([email protected])
Exhibit A

Alissa Powers, Manatee County ([email protected])

Evan Pilachowski, Manatee County ([email protected])
John A. Coates, P.E., FDEP/TLH ([email protected])
Lance Kautz, FDEP ([email protected])
Monica Sudano, FDEP/TLH ([email protected])
Center for Biological Diversity (Jaclyn Lopez, [email protected])
Manasota 88 (Glenn Compton, [email protected])
Suncoast Waterkeeper (Justin Bloom, [email protected])
Tampa Bay Waterkeeper (Justin Bloom, [email protected])
Children’s Earth Foundation (Annie Beaman, [email protected])
FILING AND ACKNOWLEDGMENT

FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
___________ ____________
Clerk Date
Exhibit A
FLORIDA DEPARTMENT OF Ron DeSantis
Governor
Environmental Protection Jeanette Nuñez

Lt. Governor
Division of Water Resource Management, Shawn Hamilton
Phosphate Management Program Secretary
STATE OF FLORIDA
INDUSTRIAL WASTEWATER FACILITY PERMIT
PERMITTEE: PERMIT NUMBER: FL0000124 (Major)
Donica Receivership Services, LLC FILE NUMBER: FL0000124-006-IW1S/NR
ISSUANCE DATE: PROPOSED_______________________
RESPONSIBLE OFFICIAL: EFFECTIVE DATE: PROPOSED (Dated upon Final Issuance)
Mr. Herbert R. Donica EXPIRATION DATE: PROPOSED_______________________
Manager for Donica Receivership Services, LLC
Receiver, Piney Point Facility
238 East Davis Boulevard, Suite 209
Tampa, Florida 33606
[email protected]
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 includes the former south and north cooling pond systems, which
were historically closed as lined cap areas, and lined stormwater ponds associated with the non-contact stormwater management
system for closed portions of the Facility’s phosphogypsum stack system. Wastewater at this facility consists of an existing
volume of stored process water that was 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 (NGSN); New Gypsum Stack-South (NGSS); Old Gypsum Stack-
North (OGSN); and Old Gypsum Stack-South (OGSS). Reclosure of the OGSS was completed during 2023. Process water is
stored in the NGSN, NGSS, and OGSN compartments, as needed during the pendency of ongoing closure operations by the
Receiver. All four lined compartments are required to be closed, and will generate non-contact stormwater runoff, pursuant to
the Order Approving Conceptual Closure Plan (OGC File No. 22-0468).
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 lined process water
sump (LPWS), a 10-acre lined pond located in the southeast corner of the former south cooling pond, is used for collection of
seepage and impacted groundwaters. The prior closure of the phosphogypsum stack system included construction of a slurry
wall to inhibit both the on-site movement of off-site groundwater as well as 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.
Exhibit A
PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
WASTEWATER TREATMENT:
The wastewater at this facility consists of process wastewater and non-contact stormwater from industrial activities and an
inactive phosphogypsum stack system. The process wastewater and groundwater seepage waters collected at the facility are
transferred for: (a) disposal via a Class I Underground Injection Control well owned and operated by the Manatee County
Utilities Department as authorized under UIC Permit Number: 0322708-002-UC/1I) (b) pre-treatment and disposal into the
Manatee County Utilities Department’s municipal sewer collection system.
Attachment “A” shows the location of the Manatee County sewer meter for collection of treated process water from the
facility.
Non-contact stormwater 1 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 lined detention pond
serving northern portions of the facility property.
REUSE OR DISPOSAL:
Surface Water Discharge D-001: An existing outfall authorized to only discharge non-contact stormwater and stormwater
from the Allied property, 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 outfall authorized to only discharge non-contact stormwater and stormwater
from the Thatcher and Mayo properties, 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 outfall authorized to only discharge non-contact stormwater, 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 3 through 34 of this permit.
1
Non-contact stormwater means all on-site rainwater run-off that does not contact unclosed areas of the phosphogypsum
stack system, or process water collected within the phosphogypsum stack system.
Exhibit A 2
I. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
A. Surface Water Discharges
1. During the period beginning on the effective date and lasting through the expiration date of this permit, the
permittee is authorized to only 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.:
Effluent Limitations Monitoring Requirements

Max. Frequency of Sample Monitoring Site
Parameter Units /Min Limit Statistical Basis Analysis Type Number Notes
Flow Rate Recording
Max Report Daily Maximum Weekly, when Flow Meter
MGD EFF-001
Max Report Monthly Average discharging with
Totalizer
pH Monthly, when
s.u. Max Report Daily Maximum Grab SWB-01
discharging
pH Min 6.0 Daily Minimum Weekly, when
s.u. Grab EFF-001
Max 8.5 Daily Maximum discharging
pH Monthly, when
s.u. Max Report Daily Maximum Grab SWD-01
discharging
pH s.u. Max Report Daily Maximum Monthly Grab SWB-03BR
Temperature (C), Monthly, when Instantaneo
Deg C Max Report Single Readings SWB-01
Water discharging us Sample
Temperature (C), Max Report Monthly Average Weekly, when
Deg C Grab EFF-001
Water Max Report Daily Maximum discharging
Temperature (C), Monthly, when Instantaneo
Deg C Max Report Single Sample SWD-01
Water discharging us Sample
Temperature (C),
Deg C Max Report Daily Maximum Monthly Grab SWB-03BR
Water
Oxygen,Dissolved Monthly, when
percent Min Report Single Sample Grab SWB-01
Percent Saturation discharging
Oxygen,Dissolved Min 38
Daily, when
Percent Saturation) percent 90% of Samples Calculated EFF-001
discharging
percent Min Report Single Sample Grab SWD-01
Oxygen,Dissolved
percent Min Report Daily Minimum Monthly Grab SWB-03BR
Percent Saturation
Specific
Weekly, when
Conductance µmhos/cm Max - Single Sample Grab SWB-03BR See I.A.14
discharging
(background)
Specific Weekly, when
µmhos/cm Max - Single Sample Grab EFF-001 See I.A.14
Conductance discharging
Specific µmhos/cm Max Report Single Sample
Weekly, when
Conductance Calculated EFF-001 See I.A.14
discharging
(Calculated)
Specific µmhos/cm Max 0.00 Single Sample
Conductance Weekly, when
Calculated EFF-001 See I.A.14
(effluent minus discharging
calculated limit)
Specific Max Report Daily Maximum Weekly, when
µmhos/cm Grab SWD-01
Conductance Max Report Monthly Average discharging
Turbidity Weekly, when
NTU Max - Single Sample Grab SWB-01 See I.A.13
(background) discharging
NTU Max - Single Sample Grab EFF-001 See I.A.13
(Effluent) discharging
Exhibit A 3

NTU Max Report Single Sample Calculated EFF-001 See I.A.13
(Calculated) discharging
Turbidity (effluent
Weekly, when
minus calculated NTU Max 0.00 Single Sample Calculated EFF-001 See I.A.13
discharging
limit)
NTU Max Report Daily Maximum Grab SWD-01 See I.A.13
discharging
Turbidity NTU Max Report Daily Maximum Monthly Grab SWB-03BR See I.A.13
Solids, Total 150 Daily Maximum
Max Weekly, when
Suspended mg/L 50 Monthly Average Grab EFF-001
Max discharging
Nitrogen, Total Monthly, when
mg/L Max Report Single Sample Grab SWB-01
discharging
Nitrogen, Total Max Report Daily Maximum Weekly, when
mg/L Grab EFF-001
(Final)** Max Report Monthly Average discharging
mg/L Max Report Single Sample Grab SWD-01
discharging
Nitrogen, Total mg/L Max Report Daily Maximum Monthly Grab SWB-03BR
Nitrogen, Total Daily Maximum
Max Report Weekly, when
lb/day Monthly Average Calculated EFF-001
Max Report discharging
Nitrogen, Total ton/mth Max Report Monthly Loading Monthly Calculated EFF-001 See I.A.16.
Nitrogen, Total ton/yr Max Report Annual Total Monthly Calculated EFF-001 See I.A.16.
Nitrogen, Total*** ton/yr Max Report 5 Year Average Monthly Calculated EFF-001 See I.A.16.
Phosphorus, Total Monthly, when
(as P) discharging
Phosphorus, Total Max Report Daily Maximum Weekly, when
mg/L Grab EFF-001
(as P) (Final)** Max Report Monthly Average discharging
mg/L Max Report Daily Maximum Grab SWD-01
(as P) discharging
Phosphorus, Total
mg/L Max Report Daily Maximum Monthly Grab SWB-03BR
(as P)
Phosphorus, Total Weekly, when
lb/day Max Report Daily Maximum Calculated EFF-001
(as P) discharging
Phosphorus, Total
lb/mth Max Report Monthly Total Monthly Calculated EFF-001
(as P)
Phosphorus, Total
ton/yr Max Report Annual Total Monthly Calculated EFF-001 See I.A.16.
(as P)
Phosphorus, Total 5 Year Rolling
ton/yr Max Report Monthly Calculated EFF-001 See I.A.16.
(as P) (Final)** Average
Chlorophyll a Monthly, when
ug/L Max Report Single Sample Grab SWD-01
discharging
Nitrogen, See I.A.10.,
Monthly, when
Ammonia, Total mg/L Max Report Monthly Average Calculated EFF-001 I.A.11., and
discharging
(as N) (Effluent) I.A.12.
Nitrogen,
See I.A.10.,
Ammonia, Total Monthly, when
mg/L Max Report Monthly Average Calculated EFF-001 I.A.11., and
(as N) (calculated discharging
I.A.12.
limit)
Nitrogen,
Ammonia, Total See I.A.10.,
Monthly, when
(as N) (effluent mg/L Max 0.00 Monthly Average Calculated EFF-001 I.A.11., and
discharging
minus calculated I.A.12.
limit)
Monthly, when
Ammonia, Total Ratio Max 2.5 Single Sample Calculated EFF-001 I.A.11., and
discharging
(as N) I.A.12.
Exhibit A 4

Fluoride, Total (as Monthly, when
F) discharging
Fluoride, Total (as
Max Daily Maximum Weekly, when
F) mg/L 10.0 Grab EFF-001
Max Monthly Average discharging
Report
mg/L Max Report Single Sample Grab SWD-01
F) discharging
Fluoride, Total (as
F)
mg/L Max Report Daily Maximum Grab SWD-03AR
F) discharging
Beryllium, Total Max Report Daily Maximum Weekly, when
ug/L Grab EFF-001
Recoverable* Max 0.13 Annual Average discharging
Iron, Total Max 1.0 Daily Maximum Weekly, when
mg/L Grab EFF-001
Recoverable Max Report Monthly Average discharging
Alpha, Gross Quarterly, when
pCi/L Max 15.0 Daily Maximum Grab EFF-001 See I.A.17.
Particle Activity discharging
Radium 226 + Quarterly, when
pCi/L Max 5.0 Daily Maximum Grab EFF-001 See I.A.17.
Radium 228, Total discharging
Acute Whole
Effluent Toxicity,
96 Hour LC50 percent Min 100 Single Sample Quarterly Grab EFF-001 See I.A.15.
(Ceriodaphnia
dubia)
Acute Whole
Effluent Toxicity,
percent Min 100 Single Sample Quarterly Grab EFF-001 See I.A.15.
96 Hour LC50
(Cyprinella leedsi)
* 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.
*** Annual TN loading is calculated cumulatively for D-001, D-002, and D-003 as described in permit condition
I.A.7. The cumulative load allocation is a rolling 5-year annual average with an interim limit of 4.5 tons/yr and
final effluent limit of 0.9 tons/yr, as required by administrative order A0-001SWPM23 and the Tampa Bay RAP
allocation.
2. Effluent samples shall be taken at the monitoring site locations listed in Permit ConditionI.A.1. and as described
below:
Monitoring Site Number Description of Monitoring Site

EFF-001 Discharges non-contact storm water Tampa Bay, (WBID# 1558BZ), via Buckeye Road Ditch,
and Bishops Harbor, (WBID# 1797B)
SWB-01 Located at ditch upstream of Outfall D-003 at intersection of Bud Rhoden/Buckeye Road ditch
SWD-01 W. BER/41. West side of US 41 at Buckeye Rd.
SWB-03BR BER/41. Located upstream/east of entrance of culvert under US 41; to be sampled when
Outfall D-001 and D-003 are not discharging
SWD-03AR Armstrong Road
Exhibit A 5
permittee is authorized to only discharge non-contact stormwater from Outfall D-002 to the Scale Avenue Ditch.

Max. Frequency of Monitoring
Parameter Units /Min Limit Statistical Basis Analysis Sample Type Site Number Notes
Flow Max Report Monthly Average
MGD Continuous Measured EFF-002
Max Report Daily Maximum
s.u. Grab EFF-002
pH Monthly, when
s.u. Max Report Daily Maximum Grab SWB-02
discharging
pH Monthly, when
s.u. Max Report Daily Maximum Grab SWD-02
discharging
Temperature (C), Monthly, when
Deg C Max Report Daily Maximum Grab SWB-02
Water discharging
Temperature (C), Weekly, when
Deg C Max Report Daily Maximum Grab EFF-002
Water discharging
Temperature (C), Monthly, when
Deg C Max Report Daily Maximum Grab SWB-02
Water discharging
percent Min Report Daily Minimum Grab SWB-02
Oxygen,Dissolved Min 38
Daily, when
Percent Saturation percent 90% of Samples Calculated EFF-002
discharging
percent Min Report Daily Minimum Grab SWD-02
Specific
Weekly, when
Conductance µmhos/cm Max - Single Sample Grab SWB-02 See I.A.14
discharging
(background)
Specific
Weekly, when
Conductance µmhos/cm Max - Single Sample Grab EFF-002 See I.A.14
discharging
(Effluent)
Weekly, when
discharging
(Calculated)
calculated limit)
µmhos/cm Max Report Daily Maximum Grab SWD-02
Turbidity Monthly, when
NTU Max - Single Sample Grab SWB-02 See I.A.13
(background) discharging
Turbidity (Effluent) Weekly, when
discharging
Turbidity (effluent
Weekly, when
discharging
limit)
NTU Max Report Daily Maximum Grab SWD-02 See I.A.13
discharging
Max Weekly, when
Max discharging
mg/L Max Report Daily Maximum Grab SWB-02
discharging
Exhibit A 6

Nitrogen, Total Max Report Daily Maximum Weekly, when
mg/L Grab EFF-002
(Final)** Max Report Monthly Average discharging
discharging
Nitrogen, Total Max Report Monthly Average Weekly, when
lb/day Calculated EFF-002
Max Report Daily Maximum discharging
Nitrogen, Total ton/mth Max Report Monthly Total Monthly Calculated EFF-002 See I.A.16.
(as P) discharging
Phosphorus, Total Max Report Monthly Average Weekly, when
mg/L Grab EFF-002
(as P) (Final)** Max Report Daily Maximum discharging
(as P) discharging
lb/day Calculated EFF-002
(as P) Max Report Monthly Average discharging
lb/mth Max Report Monthly Total Calculated EFF-002
(as P) discharging
Phosphorus, Total
(as P)
Chlorophyll a Monthly, when
discharging
Monthly, when
Ammonia, Total (as mg/L Max Report Monthly Average Calculated EFF-002 I.A.11., and
discharging
N) (Effluent) I.A.12.
Monthly, when
Ammonia, Total (as mg/L Max Report Monthly Average Calculated EFF-002 I.A.11., and
discharging
N) (calculated limit) I.A.12.
Nitrogen,
See I.A.10.,
Ammonia, Total (as Monthly, when
mg/L Max 0.00 Monthly Average Calculated EFF-002 I.A.11., and
N) (effluent minus discharging
I.A.12.
calculated limit)
Monthly, when
Ammonia, Total (as Ratio Max 2.5 Single Sample Calculated EFF-002 I.A.11., and
discharging
N) I.A.12.
F) discharging
Fluoride, Total (as
Report
F) discharging
Beryllium, Total Daily Maximum
Recoverable* ug/L Annual Average Grab EFF-002
Max 0.13 discharging
mg/L Grab EFF-002
Alpha, Gross Quarterly,
Particle Activity pCi/L Max 15.0 Daily Maximum when Grab EFF-002 See I.A.17.
discharging
Radium 226 + Quarterly,
Radium 228, Total pCi/L Max 5.0 Daily Maximum when Grab EFF-002 See I.A.17.
discharging
Exhibit A 7

Acute Whole
Effluent Toxicity,
(Ceriodaphnia
dubia)
Acute Whole
Effluent Toxicity,
96 Hour LC50
(Cyprinella leedsi)
*If Beryllium, Total Recoverable is not detected at or above the MDL for the test method used, the permittee shall
** Denotes parameters’ final limits to be established by the Department upon completion of the compliance schedule
in the administrative order AO-001SWPM23.
I.A.7. The cumulative load allocation is a rolling 5-year annual average with an interim limit of 4.5 tons/yr and final
effluent limit of 0.9 tons/yr, as required by administrative order A0-001SWPM23 and the Tampa Bay RAP allocation.
4. Effluent samples shall be taken at the monitoring site locations listed in Permit Condition I.A.3. and as described
below:

EFF-002 Discharges non-contact stormwater to Tampa Bay, (WBID# 1558B), via Scale Avenue Ditch,
and Piney Point Creek (WBID # 1789).
SWB-02 Located Piney Point Creek upstream of the discharge ditch
SWD-02 Piney Point Creek at structure east of US 41
permittee is authorized to discharge only non-contact stormwater from Outfall D-003 to Buckeye Road Ditch.

Flow Recording Flow
MGD Continuous Meter with EFF-003
Max Report Monthly Average
Totalizer
pH Monthly,
s.u. Max Report Daily Maximum when Grab SWB-03
discharging
s.u. Grab EFF-003
pH Monthly,
s.u. Max Report Daily Maximum when Grab SWD-03
discharging
pH s.u. Max Report Daily Maximum Monthly Grab SWB-03BR
Exhibit A 8

Temperature (C), Monthly,
Water Deg C Max Report Daily Maximum when Grab SWB-03
discharging
Temperature (C), Weekly, when Instantaneous
Deg C Max Report Daily Maximum EFF-003
Water discharging Sample
Temperature (C), Monthly,
Water Deg C Max Report Daily Maximum when Grab SWD-03
discharging
Temperature (C),
Deg C Max Report Daily Maximum Monthly Grab SWB-03BR
Water
Oxygen, Dissolved Monthly,
Percent Saturation percent Min Report Daily Minimum when Grab SWB-03
discharging
Oxygen, Dissolved Min 38
Daily, when
Percent Saturation percent 90% of Samples Calculated EFF-003
discharging
Oxygen, Dissolved
percent Min Report Daily Minimum Monthly Grab SWB-03BR
Percent Saturation
Oxygen, Dissolved Monthly,
Percent Saturation percent Min Report Daily Minimum when Grab SWD-03
discharging
Specific
Weekly, when
Conductance µmhos/cm Max - Single Sample Grab SWB-03BR See I.A.14
discharging
(background)
Specific
Weekly, when
Conductance µmhos/cm Max - Single Sample Grab EFF-003 See I.A.14
discharging
(Effluent)
Weekly, when
discharging
(Calculated)
calculated limit)
µmhos/cm Max Report Daily Maximum Grab SWD-03
Turbidity Monthly,
(background) NTU Max - Single Sample when Grab SWB-03 See I.A.13
discharging
Turbidity (Effluent) Weekly, when
discharging
Turbidity (effluent
Weekly, when
discharging
limit)
Turbidity Monthly,
NTU when Grab SWD-03 See I.A.13
discharging
Turbidity NTU Max Report Daily Maximum Monthly Grab SWB-03BR See I.A.13
Max Weekly, when
Max discharging
Nitrogen, Total Monthly,
mg/L Max Report Daily Maximum when Grab SWB-03
discharging
Exhibit A 9

Nitrogen, Total Daily Maximum
(Final)** mg/L Monthly Average Grab EFF-003
Max Report discharging
mg/L Max Report Daily Maximum when Grab SWD-03
discharging
Nitrogen, Total mg/L Max Report Daily Maximum Monthly Grab SWB-03BR
mg/L Max Report Daily Maximum when Grab SWD-03AR
discharging
Nitrogen, Total Max Report Monthly Average
lb/day Weekly Calculated EFF-003
Nitrogen, Total ton/mth Max Report Monthly Total Monthly Calculated EFF-003 See I.A.16.
Phosphorus, Total Monthly,
(as P) mg/L Max Report Daily Maximum when Grab SWB-03
discharging
mg/L Grab EFF-003
(as P) (Final)** Max Report Monthly Average discharging
(as P) mg/L Max Report Daily Maximum when Grab SWD-03
discharging
Phosphorus, Total
(as P)
(as P) mg/L Max Report Daily Maximum when Grab SWD-03AR
discharging
Phosphorus, Total Max Report Daily Maximum
lb/day Weekly Calculated EFF-003
(as P) Max Report Monthly Average
Phosphorus, Total
lb/mth Max Report Monthly Total Monthly Calculated EFF-003
(as P)
Phosphorus, Total
(as P)
Chlorophyll a Monthly,
ug/L Max Report Daily Maximum when Grab SWD-03
discharging
Nitrogen, Monthly, See I.A.10.,
Ammonia, Total (as mg/L Max Report Monthly Average when Calculated EFF-003 I.A.11., and
N) (Effluent) discharging I.A.12.
Ammonia, Total (as mg/L Max Report Monthly Average when Calculated EFF-003 I.A.11., and
N) (calculated limit) discharging I.A.12.
Nitrogen,
Monthly, See I.A.10.,
Ammonia, Total (as
mg/L Max 0.00 Monthly Average when Calculated EFF-003 I.A.11., and
N) (effluent minus
discharging I.A.12.
calculated limit)
Ammonia, Total (as Ratio Max 2.5 Single Sample when Calculated EFF-003 I.A.11., and
N) discharging I.A.12.
Sulfate, Total Weekly, when
mg/L Max Report Single Sample Grab EFF-003
discharging
Fluoride, Total (as
Report
Exhibit A 10

Fluoride, Total (as
F)
Fluoride, Total (as Monthly,
F) mg/L Max Report Daily Maximum when Grab SWD-03
discharging
Fluoride, Total (as Monthly,
F) mg/L Max Report Daily Maximum when Grab SWD-03AR
discharging
Beryllium, Total Max Report Daily Maximum Weekly, when
ug/L Grab EFF-003
Recoverable* Max 0.13 Annual Average discharging
mg/L Grab EFF-003
Alpha, Gross Quarterly,
Particle Activity pCi/L Max 15.0 Daily Maximum when Grab EFF-003 See I.A.17.
discharging
Radium 226 + Quarterly,
Radium 228, Total pCi/L Max 5.0 Daily Maximum when Grab EFF-003 See I.A.17.
discharging
Acute Whole
Effluent Toxicity,
(Ceriodaphnia
dubia)
Acute Whole
Effluent Toxicity,
96 Hour LC50
(Cyprinella leedsi)
*If Beryllium, Total Recoverable is not detected at or above the MDL for the test method used, the permittee shall
** Denotes parameters’ final limits to be established by the Department upon completion of the compliance schedule
in the administrative order AO-001SWPM23.
I.A.7. The cumulative load allocation is a rolling 5-year annual average with an interim limit of 4.5 tons/yr and final
effluent limit of 0.9 tons/yr, as required by administrative order A0-001SWPM23 and the Tampa Bay RAP allocation.
below:

EFF-003 Discharges contact and non-contact storm water Tampa Bay, (WBID# 1558BZ), via Buckeye
Road Ditch, and Bishops Harbor, (WBID# 1797B).
SWB-03 Located at ditch upstream of Outfall D-003 at intersection of Bud Rhoden/Buckeye Road ditch
SWD-03 W. BER/41.West side of US 41 @ Buckeye Rd.
SWB-03BR BER/41. Located upstream/east of entrance of culvert under US 41; to be sampled when
Outfall D-001 and D-003 are not discharging
SWD-03AR Armstrong Road
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
Exhibit A 11
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.:

Monitoring
Max. Frequency Site
Parameter Units /Min Limit Statistical Basis of Analysis Sample Type Number Notes
5-Year Cumulative
Flow (Interim & MGD Max Report 5 Year Cumulative total Monthly Calculated EFF-TotalN
Final)
Nitrogen, Total See
(Interim) ton/yr Max 4.5 5 Year Average Monthly Calculated EFF-TotalN I.A.1
6.
Nitrogen, Total See
(Final) ton/yr Max 0.9 5 Year Average Monthly Calculated EFF-TotalN I.A.1
6.
below:

EFF-TotalN (D-TN) Summation of Total Annual Nitrogen Loading from all of the Outfalls
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]
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
Exhibit A 12
a. Determine compliance with the monthly average TAN criterion as follows:

(1) Calculate the TAN criterion value using pH and temperature measurements associated with each total
ammonia sample. Then calculate the average of the resulting TAN criterion values (i.e. add together all
the values calculated with the equation and divide by the total number of samples).
(2) Calculate the average of all effluent total ammonia concentrations measured.
(3) Effluent is in compliance if the average effluent total ammonia concentration is less than or equal to the
calculated average TAN criterion.
b. Determine compliance with the single sample maximum TAN criterion as follows:
(1) Calculate the TAN criterion value using pH and temperature measurements associated with each total
ammonia sample. Multiply each resulting TAN criterion value by 2.5.
(2) Effluent is in compliance with the single sample TAN criterion if all effluent total ammonia
concentrations are less than or equal to 2.5 times their corresponding calculated TAN criterion.
[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]
13. The limit for "Turbidity" shall be calculated as follows:
Limit = Background Turbidity + 29 NTU
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
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 µmhos/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.
Exhibit A 13
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.
(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.
Exhibit A 14
(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 by electronic mail to [email protected] or on
digital format by U.S. Mail to::
Florida Department of Environmental Protection
Division of Water Resource Management,
Phosphate Management Program
Temple Terrace, Florida 33637-0926 [No paper copies are required]
g. Test Failures
(1) A test fails when the test results do not meet the limits in 16.a.(1).
(2) Additional Follow-up Tests:
(a) If a routine test does not meet the acute toxicity limitation in 16.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
16.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 16.d. Additional follow-up tests are not required while the plan is in
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 16.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 16.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)]
Exhibit A 15
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.
Monthly Total (Mt)

Mt = (Monthly Average Total Nitrogen OR Phosphorous Concentration, mg/l) (Total Monthly Flow, MG)
(8.3454)
2,000 lbs
Mt = Tons/Month
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.
Annual Total (At)

Annual Total at the end of the nth Month: Atn = Mtn-11 + Mtn-10 … Mtn
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.
5 Year Rolling Average of the Yearly Totals

(5yr)
5yrn = (Mtn-59 + Mtn-58 … Mtn) / 5
17. The concentration of combined radium (Ra226 & Ra228), as well as gross alpha particle activity in the discharge
shall be limited in accordance with Rules 62-302.530(57)(a), and 62-302.530(57)(b), F.A.C., respectively. During
any sampling event performed in accordance with the monitoring requirements of Parts I.A.1., I.A.3, and I.A.5.
above, a properly preserved sample must be taken for the determination of gross alpha particle activity as well as
combined radium (Ra226 & Ra228). The sample must be first analyzed for gross alpha particle activity. If the
value of the gross alpha particle activity exceeds the MCL of 15 pCi/l, the same sample shall also be analyzed for
total combined radium.
B. Underground Injection Control Systems
permittee may transfer Process Wastewater to Underground Well Injection System U-001. Such transfer shall be
monitored by the permittee as specified below and reported in accordance with Permit Condition I.D.3.:

Monitoring
Max. Frequency Site
Flow, Total Volume Max Report Daily Maximum
MGD Monthly Calculated FLW-03
Flow to U-001 Recording
Flow Meter
MGD Max Report Monthly Average Continuous FLW-01
with
Totalizer
Flow from U-001 Recording
Flow Meter
MGD Max Report Monthly Average Continuous FLW-02
with
Totalizer
pH Max Report Single Sample
s.u. Continuous Meter INJ-001
Min Report Single Sample
Exhibit A 16

Monitoring
Max. Frequency Site
Temperature (C), Daily,
Instantaneou
Water Deg C Max Report Single Sample when INJ-001
s Sample
discharging
Specific Conductance Daily,
umhos/c
Max Report Single Sample when Grab INJ-001
m
discharging
Oxygen, Dissolved Daily,
(DO) mg/L Max Report Single Sample when Grab INJ-001
discharging
Solids, Total
mg/L Max Report Single Sample Monthly Grab INJ-001
Dissolved (TDS)
Turbidity Daily,
NTU Max Report Single Sample when Meter INJ-001
discharging
Sulfate, Total mg/L Max Report Single Sample Monthly Grab INJ-001
Nitrogen, Ammonia,
Total (as N)
Nitrogen, Kjeldahl,
Total (as N)
Nitrogen, Nitrate,
Total (as N)
2. Effluent samples shall be taken at the monitoring site locations listed in Permit Condition I.A.14.1. and as
described below:

FLW-01 Flow to U-001
FLW-02 Return flow from U-001
FLW-03 Total flow to U-001 (FLW-01 – FLW-02)
INJ-001 Monitoring site number for U-001 sample location
3. Requirements for discharge to U-001 are established under Department UIC permit numbers 0322708-002-UC/1I
(WACS ID 101607). [62-620.610(3)]
C. Land Application Systems
1. This section is not applicable to this facility.
D. Other Limitations and Monitoring and Reporting Requirements
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-
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:
Exhibit A 17
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.
REPORT Type on DMR Monitoring Period Submit by

Monthly first day of month - last day of month 28th day of following month
Once Every Two Months January 1 - February 28/29 March 28
March 1 - April 30 May 28
May 1 - June 30 July 28
July 1 - August 31 September 28
September 1 - October 31 November 28
November 1 - December 31 January 28
Quarterly January 1 - March 31 April 28
April 1 - June 30 July 28
July 1 - September 30 October 28
October 1 - December 31 January 28
Semiannual January 1 - June 30 July 28
July 1 - December 31 January 28
Annual January 1 - December 31 January 28
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
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)]
Exhibit A 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:
Florida Department of Environmental Protection

Division of Water Resource Management, Phosphate Management
Phone Number - (813) 470-5913 (All e-mails (electronic communication) shall be followed by original copies.)
E-mail: [email protected]
[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)]
II. SLUDGE MANAGEMENT REQUIREMENTS
1. This section is not applicable to this facility.
III. GROUND WATER REQUIREMENTS
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 Program 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 Program within 60 days after sampling at the email address specified in I.D.4 above. [62-
520.600(5)(a)]
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. The vertical zone of discharge (VZOD) for all parameters besides sodium extends to the base of the
intermediate aquifer within the Undifferentiated Arcadia Formation no deeper than minus 24.40 feet NGVD, and
the VZOD for sodium extends to the base of the intermediate aquifer within the Undifferentiated Arcadia
Formation no deeper than minus 89.40 feet NGVD. [62-520.400,62-520.420(4), 62-522.410, and 62-673.500(1)]
Exhibit A 19
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:
Alternate Well Name and/or

Monitoring Description of Monitoring Depth Aquifer New or
Well ID Location Latitude Longitude (Feet) Monitored Well Type Existing
MWB-07 MW-7 MONITOR WELL #7 27°31' 24.979" 82°31' 9.686" 90 Intermediate Background Existing
MWB-10B MW-10A 27°31' 50.822" 82°31' 8.946" 15 Surficial Background New
MWB-01 MW -1 MONITOR WELL #1 27°31' 24.92" 82°31' 9.773" 12 Surficial Background Existing
MWI-3 MW-3 MONITOR WELL #3 27°31' 49.588" 82°31' 58.916" 20 Surficial Intermediate Existing
MWI-04B MW-4B 27°32' 44.756" 82°32' 12.738" 20 Surficial Intermediate Existing
MWI-24R† West of former aeration pond TBD TBD TBD Surficial Intermediate New
MWI-25R† SW of closed plant area TBD TBD TBD Surficial Intermediate New
MWI-26R† East of closed plant area TBD TBD TBD Surficial Intermediate New
MWI-27R† North of closed plant area TBD TBD TBD Surficial Intermediate New
MWI-28R† North of plant office TBD TBD TBD Surficial Intermediate New
Note: TBD- To be determined.
†Monitoring Wells to be Re-established.
[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
[62-520.600(11)(b)]
6. The following compliance monitoring wells shall be sampled as part of the Groundwater Monitoring Plan:
Exhibit A 20

MWC-22 MWC-22 27°31' 21.967" 82°31' 41.389" 15 Surficial Compliance Existing
MWC-23 MWC-23 27°31' 23.568" 82°31' 42.36" 15 Surficial Compliance Existing
MWC-08 MW-8 Surficial Well at west 27°32' 44.961" 82°32' 21.703" 18 Surficial Compliance Existing
property boundary
MWC-09R MW-9R Surficial compliance TBD TBD TBD Surficial Compliance Existing
well at North property
boundary
MWC-13 MW-13 27°32' 25.822" 82°32' 21.358" 15 Surficial Compliance Existing
MWC-17R MW-17R TBD TBD TBD Surficial Compliance Existing
MWC-20R† FSU-9 TBD TBD TBD Surficial Compliance Existing
MWC-6AR† MW-6A MONITOR WELL TBD TBD TBD Intermedi Compliance Existing
#6 ate
MWC-5R† MW-5R MONITOR WELL 27°32' 22.828" 82°32' 8.445" 20 Surficial Compliance Existing
#5
MWC-02R† MW-2R MONITOR WELL TBD TBD TBD Surficial Compliance Existing
#2
Note: TBD- To be determined.
†Monitoring Wells to be Re-established.
[62-520.600(11)(b)]
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 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):

MWP- West side of NGSN Subgrade 27°31' 55.384" 82°31' 38.693" TBD Surficial Piezometer Existing
PD3A
Exhibit A 21

MWP- Southeast side of OGSS 27°31' 28.357" 82°31' 29.167" 77 Surficial Piezometer Existing
PD1A Subgrade
MWP- Southeast side of OGSS 27°31' 28.367" 82°31' 29.218" 61 Surficial Piezometer Existing
PD1B Gypsum
MWP- West side of NGSN Gypsum 27°31' 55.446" 82°31' 38.693" TBD Surficial Piezometer Existing
PD3B
MWP- Northwest side of NGSN 27°31' 0.359" 82°31' 33.323" 59 Surficial Piezometer Existing
BD3A Subgrade
MWP- Northwest side of NGSN 27°31' 0.357" 82°31' 33.274" 44 Surficial Piezometer Existing
BD3B Gypsum
MWP- Northeast side of NGSN 27°31' 0.068" 82°31' 19.261" TBD Surficial Piezometer Existing
PD4A Subgrade
MWP- Northeast side of NGSN 27°31' 0.06" 82°31' 19.21" TBD Surficial Piezometer Existing
PD4B Gypsum
MWP- East-north side of NGSS 27°31' 45.977" 82°31' 12.598" 60 Surficial Piezometer Existing
BD1A Subgrade
MWP- East-north side of NGSS 27°31' 45.925" 82°31' 12.597" 45 Surficial Piezometer Existing
BD1B Gypsum
MWP- East-south side of NGSS 27°31' 35.828" 82°31' 12.742" 59 Surficial Piezometer Existing
BMG1A Subgrade
MWP- East-south side of NGSS 27°31' 35.828" 82°31' 12.741" 44 Surficial Piezometer Existing
BMG1B Gypsum
MWP- South side of NGSS Subgrade 27°31' 28.308" 82°31' 21.94" 58 Surficial Piezometer Existing
BMG4A
MWP- South side of NGSS Gypsum 27°31' 28.307" 82°31' 21.885" 44 Surficial Piezometer Existing
BMG4B
MWP- Southwest side of OGSS 27°31' 28.575" 82°31' 39.329" 82 Surficial Piezometer Existing
PD2A Subgrade
MWP- Southwest side of OGSS 27°31' 28.576" 82°31' 39.282" 65 Surficial Piezometer Existing
PD2B Gypsum
Note: TBD-To be determined.
[62-520.600]
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)]
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)]
Exhibit A 22
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 each of the monitoring well(s) in Permit Condition III.B.4. and III.B.6.: 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 Program with the application for permit renewal application.
ampling shall occur no sooner than 180 days before submittal of the renewal application. [62-520.600(5)(b)]
IV. ADDITIONAL LAND APPLICATION REQUIREMENTS
1. Section IV is not applicable to this facility.
V. OPERATION AND MAINTENANCE REQUIREMENTS
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:
Improvement Action Completion Date

1. Submittal of the updated Water Balance of the Facility Annually, no later than February 1st of
the following year
2. Provide confirmation that the soft sediment management of Lined No later than 180 days prior to permit
Process Water Pond (LPWS) has been completed expiration
3. Submit a plan for installation of a flow meter at the present location of Within 180 days of effective date of
Outfall D-002 permit
Exhibit A 23

4. Submittal of the Annual Report of the performance of Soil bentonite Annually, no later than April 30th of
Slurry Wall Cut-off wall the following year
5. Submit Annual Stack Inspection Report Annually, no later than April 30th of
the following year.
6. Submit Aerial Photographs and surveyed elevations of the stack system Annually, no later than April 30th of
compartments, including the lowest elevation of any crest containing the following year.
impounded water, as determined by a licensed surveyor.
7. Submit an updated flow diagram with the flow meter locations (FLW-01 Prior to injection well permit number
& FLW-02) and sample collection point (INJ-001) for U-001 indicated. 0322708-002-UC/1I (WACS ID
101607) within 60 days of permit
issuance.
8. Submit an Operation Plan for the Site, during closure and a Closure Within 1 year of effective date of the
Operation Plan for the time following closure permit
9. Submit results of at least three effluent samples collected and analyzed Within 1 year of effective date of the
for Nonylphenol using analytical method ASTM D7065-06 to verify that permit
the facility discharge is not causing or contributing to violations of the
nonylphenol criterion.
10. Submit a Contingency Plan for the site prior to closure and after closure Within 18 months of effective date of
the permit
11. Submit a financial assurance plan for the site that covers before and after No later than the effective date of
closure permit plus 2 years
12. Submittal of monitoring well Data (Tabular and Graphical) Trend No later than 180 days prior to permit
Analysis expiration
[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.
[62-620.320(6)]
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:

1. Develop a BMP3 Plan. Within 6 months of the effective date
of the permit
2. Implement a BMP3 Plan. Within 18 months of the effective
date of the permit
3. Develop a BMP3 Plan summary. No later than the effective date of
permit plus 2 years
4. Submittal of annual BMP3 plan progress reports. Within 3 years of the effective date of
the permit and then annually
thereafter, 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
Exhibit A 24
b. The permittee has made complete the application for renewal of this permit before the permit expiration date.
[62-620.335(1)-(4)]
VII. BEST MANAGEMENT PRACTICES/STORMWATER POLLUTION PREVENTION PLANS
1. The permittee shall develop and implement a Best Management Practices/Pollution Prevention (BMP3) which
achieves the objectives and the specific requirements listed below. The permittee shall maintain the Plan at the
facility and shall make the plan available to the Division of Water Resource Management, Phosphate Management
upon request. The Plan shall be developed and implemented in accordance with the schedule contained in Part VI
of this permit. [62-620.100(3)(m)]
2. Through implementation of the Best Management Practices/Pollution Prevention (BMP3), the permittee shall
prevent or minimize the generation and the potential for the release of pollutants from the facility to the waters of
the State through normal operations and ancillary activities. [62-620.100(3)(m)]
3. The permittee shall develop and amend the BMP3 consistent with the following objectives for the control of
pollutants.
a. The number and quantity of pollutants and the toxicity of effluent generated, discharged or potentially
discharged at the facility shall be minimized by the permittee to the extent feasible by managing each influent
waste stream in the most appropriate manner.
b. Under the BMP3, and any Standard Operating Procedures (SOPs) included in the Plan, the permittee shall
ensure proper operation and maintenance of the treatment facility.
c. The permittee shall establish specific objectives for the control of pollutants by conducting the following
evaluations.
(1) Each facility component or system shall be examined for its waste minimization opportunities and its
potential for causing a release of significant amounts of pollutants to waters of the United States due to
equipment failure, improper operation, and natural phenomena such as rain or adverse weather, etc. The
examination shall include all normal operations and ancillary activities including but not limited to
material storage areas, plant site runoff, in-plant transfer, process and material handling areas, loading or
unloading operations, spillage or leaks, sludge and waste disposal, or drainage from raw material storage,
as applicable.
(2) Where experience indicates a reasonable potential for equipment failure (e.g., a tank overflow or
leakage), natural condition (e.g., precipitation), or other circumstances to result in significant amounts of
pollutants reaching surface waters, the program should include a prediction of the direction, rate of flow
and total quantity of pollutants which could be discharged from the facility as a result of each condition
or circumstance.
[62-620.100(3)(m)]
4. The BMP3 shall be consistent with the objectives in Part 3 above and the general guidance contained in the
publication entitled Guidance Manual for Developing Best Management Practices (BMPs) (USEPA, 1993) or any
subsequent revisions to the guidance document. The BMP3 shall:
a. Be documented in narrative form, shall include any necessary plot plans, drawings or maps, and shall be
developed in accordance with good engineering practices. The BMP3 shall be organized and written with the
following structure:
(1) Name and location of the facility.
(2) Statement of BMP3 policy.
(3) Structure, functions, and procedures of the BMP3 committee.
(4) Specific management practices and standard operating procedures to achieve the above objectives,
including, but not limited to, the following:
(a) modification of equipment, facilities, technology, processes, and procedures,
(b) reformulation or redesign of products,
Exhibit A 25
(c) substitution of materials, and

(d) improvement in management, inventory control, materials handling or general operational phases of
the facility.
(5) Risk identification and assessment.
(6) Reporting of BMP3 incidents.
(7) Materials compatibility.
(8) Good housekeeping.
(9) Preventative maintenance.
(10) Inspections and records.
(11) Security.
(12) Employee training.
(13) Description of a waste minimization assessment performed in accordance with the conditions outlined in
condition b. below, results of the assessment, and a schedule for implementation of specific waste
reduction practices.
b. Include a waste minimization assessment (WMA) for this facility to determine actions that could be taken to
reduce waste loadings and chemical losses to all wastewater and/or storm water streams as described in Part
VII.5. of this permit. It shall address both short term and long term opportunities for minimizing waste
generation at this facility, utilizing at a minimum, applicable criteria selected from Part VII.5.: Required
Components of a Waste Minimization Assessment, particularly for high volume and/or high toxicity
components of wastewater and storm water streams. Initially, the WMA should focus primarily on actions
that could be implemented quickly, thereby realizing tangible benefits to surface water quality. Long term
goals and actions pertaining to waste reduction shall include investigation of the feasibility of eliminating
toxic chemical use, instituting process changes, raw material replacements, etc.
The permittee shall implement each waste reduction practice recommended by the WMA as soon as
practicable. Any waste reduction practices which are identified but will not be implemented shall be
described in the required pollution prevention plan summary or progress/update reports, along with the
factors inhibiting their adoption. Any waste reduction practices which cannot be implemented immediately
shall be described in the pollution prevention plan and included in a schedule of implementation.
The permit issuing authority does not herein establish a time limit for completion of the WMA; the study may
be conducted throughout the term of this permit. However, a suggested target completion date is six months
after the effective date of the permit, so that the WMA results and recommended waste reduction practices
may be incorporated into the BMP3 plan. Continual studies toward minimizing waste are encouraged.
Practices which reduce pollutant loading in wastewater or storm water discharges with a consequent increase
in solid hazardous waste generation, decrease in air quality, or adverse affect to groundwater shall not be
considered waste reduction for the purposes of this assessment.
c. Establish specific best management practices to meet the objectives identified in Part 3 of this section,
addressing each component or system capable of generating or causing a release of significant amounts of
pollutants, and identifying specific preventative or remedial measures to be implemented.
[62-620.100(3)(m)]
5. Required Components of a Waste Minimization Assessment

a. The WMA shall include an overall plant water balance, as well as internal water balances, as necessary. This
information shall be used to determine any opportunities for water conservation or reuse/recycling and to
determine if and where leakages might occur.
b. A materials and risk assessment shall be developed and shall include the following:
(1) Identification of the types and quantities of materials used or manufactured (including by products
produced) at the facility;
(2) Identification of the location and types of materials management activities which occur at the facility;
Exhibit A 26
(3) An evaluation of the following aspects of materials compatibility: containment and storage practices for
chemicals, container compatibility, chemical mixing procedures; potential mixing or compatibility
problems; and specific prohibitions regarding mixing of chemicals;
(4) Technical information on human health and ecological effects of toxic or hazardous chemicals presently
used or manufactured (including by products produced) or planned for future use or production; and
(5) Analyses of chemical use and waste generation, including overall plant material balances and as
necessary, internal process balances, for all pollutants. (When actual measurements of the quantity of a
chemical entering a wastewater or storm water stream are not readily available, reasonable estimates
should be made based on best engineering judgment.) The analyses shall address reasons for using
particular chemicals, and measures or estimates of the actual and potential chemical discharges via
wastewater, wastewater sludge, storm water, air, solid waste or hazardous waste media.
c. The WMA shall include, at a minimum, the following means of reducing pollutant discharges in wastewater
streams or of otherwise minimizing wastes:
(1) Process related source reduction measures, including any or all of the following, as appropriate:
(a) Production process changes;
(b) Improved process controls;
(c) Reduction of off spec materials;
(d) Reduction in use of toxic or hazardous materials;
(e) Chemical modifications and/or material purification;
(f) Chemical substitution employing non toxic or less toxic alternatives; and
(g) Equipment upgrades or modifications or changes in equipment use.
(2) Housekeeping/operational changes, including waste stream segregation, inventory control, spill and leak
prevention, equipment maintenance; and employee training in areas of pollution prevention, good
housekeeping, and spill prevention and response;
(3) In process recycling, on site recycling and/or off site recycling of materials;
(4) Following all source reduction and recycling practices, wastewater treatment process changes, including
the use of new or improved treatment methods, such that treatment by products are less toxic to aquatic
or human life; and
(5) Other means as agreed upon by the permit issuing authority and the permittee.
d. For storm water discharges and instances where storm water enters the wastewater treatment/disposal system
or is otherwise commingled with wastewater, the WMA shall evaluate the following potential sources of
storm water contamination, at a minimum:
(1) Loading, unloading and transfer areas for dry bulk materials or liquids;
(2) Outdoor storage of raw materials or products;
(3) Outdoor manufacturing or processing activities;
(4) Dust or particulate generating processes; and
(5) On site waste and/or sludge disposal practices.
The likelihood of storm water contact in these areas and the potential for spills from these areas shall be
considered in the evaluation. The history of significant leaks or spills of toxic or hazardous pollutants shall
also be considered. Recommendations for changes to current practices which would reduce the potential for
storm water contamination from these areas shall be made, as necessary.
[62-620.100(3)(m)]
6. The BMP3 shall be signed by the permittee or their duly authorized representative in accordance with Rule 62-
620.305(2)(a) and (b), F.A.C. The Plan shall be reviewed by appropriate facility staff and management. Where
required by Chapter 471 (P.E.) or Chapter 492 (P.G.) Florida Statutes, applicable portions of the Plan shall be
signed and sealed by the professional(s) who prepared them.
Exhibit A 27
The BMP3 shall contain a written statement from corporate or facility management indicating management's
commitment to the goals of the BMP3 program. Such statements shall be publicized or made known to all facility
employees. Management shall also provide training for the individuals responsible for implementing the BMP3.
[62-620.100(3)(m)]
7. Submission of Plan Summary and Progress/Update Reports

a. A summary of the BMP3 Plan shall be developed and maintained at the facility and made available to the
Division of Water Resource Management, Phosphate Management upon request. The summary should
include the following: a brief description of the Plan, its implementation process, schedules for implementing
identified waste reduction practices, and a list of all waste reduction practices being employed at the facility.
The results of WMA studies already completed as well as any that are scheduled or ongoing shall be
discussed.
b. Progress/update reports documenting implementation of the Plan shall be maintained at the facility and made
available to the Division of Water Resource Management, Phosphate Management upon request. The reports
shall discuss whether or not implementation schedules were met and revise any schedules, as necessary. The
Plan shall also be updated as necessary and the attainment or progress made toward specific pollutant
reduction targets documented. Results of any ongoing WMA studies as well as any additional schedules for
implementation of waste reduction practices shall be included.
c. A timetable for the various BMP3 Plan requirements is included in the schedule contained in Part VI. of this
permit. The permittee shall maintain the Plan and subsequent reports at the facility and shall make the plan
available to the Division of Water Resource Management, Phosphate Management upon request.
[62-620.100(3)(m)]
8. The permittee shall maintain a copy of the BMP3 at the facility and shall make the plan available to the Division
of Water Resource Management, Phosphate Management upon request. All offices of the permittee which are
required to maintain a copy of the NPDES permit shall also maintain a copy of the BMP3. [62-620.100(3)(m)]
9. If following review by the Division of Water Resource Management, Phosphate Management, the BMP3 is
determined insufficient, the permittee will be notified that the Plan does not meet one or more of the minimum
requirements of this Part. Upon such notification from the Division of Water Resource Management, Phosphate
Management, the permittee shall amend the plan and shall submit to the Division of Water Resource
Management, Phosphate Management a written certification that the requested changes have been made. Unless
otherwise provided by the Division of Water Resource Management, Phosphate Management, the permittee shall
have 30 days after such notification to make the changes necessary.
The permittee shall amend the BMP3 whenever there is a change in the facility or in the operation of the facility
which materially increases the generation of pollutants or their release or potential release to the receiving waters.
The permittee shall also amend the Plan, as appropriate, when plant operations covered by the BMP3 change.
Any such changes to the Plan shall be consistent with the objectives and specific requirements listed above. All
changes in the BMP3 shall be reported to the Division of Water Resource Management, Phosphate Management
in writing. [62-620.100(3)(m)]
10. At any time, if the BMP3 proves to be ineffective in achieving the general objective of preventing and minimizing
the generation of pollutants and their release and potential release to the receiving waters and/or the specific
requirements above, the permit and/or the BMP3 shall be subject to modification to incorporate revised BMP3
requirements. [62-620.100(3)(m)]
VIII. OTHER SPECIFIC CONDITIONS
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)]
Exhibit A 28
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;
(1) One hundred micrograms per liter,

(2) Two hundred micrograms per liter for acrolein and acrylonitrile; five hundred micrograms per liter for 2,
4-dinitrophenol and for 2-methyl-4, 6-dinitrophenol; and one milligram per liter for antimony, or
(3) Five times the maximum concentration value reported for that pollutant in the permit application; or
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;
(1) Five hundred micrograms per liter,

(2) One milligram per liter for antimony, or
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
[62-620.625(1)]
4. The permittee shall comply with all of the applicable financial responsibility requirements of Chapter 62-673,
Florida Administrative Code, and the applicable conditions of 40 CFR 264, Subpart H, to the extent consistent with
the permittee’s order of appointment and establishment of the receivership by the Manatee County Circuit Court,
pursuant to Manatee County Circuit Court Case No. 2020-CA-00459-AX.
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)]
IX. GENERAL CONDITIONS
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
Exhibit A 29
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)]
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
Exhibit A 30
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)]
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.
Exhibit A 31
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
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,
Exhibit A 32
(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
Department through the Department's Public Notice of Pollution web page at
https://floridadep.gov/pollutionnotice or by reporting electronically using the Department's Business Portal at
https://www.fldepportal.com/go/ (via "Submit" followed by "Report" or "Registration/Notification").
(1) If, after providing notice pursuant to paragraph (d) above, the permittee determines that a reportable
unauthorized release or spill did not occur or that an amendment to the notice is warranted, the permittee
may submit a letter to the Department documenting such determination at
[email protected].
(2) If, after providing notice pursuant to paragraph (d) above, the permittee discovers that a reportable
unauthorized release or spill has migrated outside the property boundaries of the installation, the
permittee must provide an additional notice to the Department that the release has migrated outside the
property boundaries within 24 hours after its discovery of the migration outside of the property
boundaries.
e. Unless discharged to surface waters, a spill, release, discharge, upset or bypass involving reclaimed water
meeting Part III or Part V treatment standards under Chapter 62-610, F.A.C., shall not be considered to
endanger health or the environment and shall be reported under subsection (21) of this permit.
[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)]
22. Bypass Provisions.

a. "Bypass" means the intentional diversion of waste streams from any portion of a treatment works.
b. Bypass is prohibited, and the Department may take enforcement action against a permittee for bypass, unless
the permittee affirmatively demonstrates that:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes, or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate back-up equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(3) The permittee submitted notices as required under Permit Condition IX. 22. c. of this permit.
c. If the permittee knows in advance of the need for a bypass, it shall submit prior notice to the Department, if
possible at least 10 days before the date of the bypass. The permittee shall submit notice of an unanticipated
bypass within 24 hours of learning about the bypass as required in Permit Condition IX. 20. of this permit. A
notice shall include a description of the bypass and its cause; the period of the bypass, including exact dates
Exhibit A 33
and times; if the bypass has not been corrected, the anticipated time it is expected to continue; and the steps
taken or planned to reduce, eliminate, and prevent recurrence of the bypass.
d. The Department shall approve an anticipated bypass, after considering its adverse effect, if the permittee
demonstrates that it will meet the three conditions listed in Permit Condition IX. 22. b.(1) through (3) of this
permit.
e. A permittee may allow any bypass to occur which does not cause reclaimed water or effluent limitations to be
exceeded if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Permit Condition IX. 22. b. through d. of this permit.
[62-620.610(22)]
23. Upset Provisions.

a. "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with
technology-based effluent limitations because of factors beyond the reasonable control of the permittee.
(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)]
Executed in Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
________PROPOSED________________________
John A. Coates, Director

Division of Water Resource Management
Attachment(s):
Attachment A: Site location map
Exhibit A 34
BEFORE THE STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION
IN THE MATTER OF: IN THE OFFICE OF
PHOSPHATE MANAGEMENT
Donica Receivership Services, LLC Administrative Order No.:

AO-001SWPM23
Piney Point Phosphogypsum Stack System File No.: FL0000124-006-IW1S
13051 Scale Avenue DEP Permit No.: FL0000124
Palmetto, Florida 34221
ORDER ESTABLISHING COMPLIANCE SCHEDULE
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 Permittee, as the court-appointed Receiver
pursuant to the receivership established by the Manatee County Circuit Court, under Case No. 2020-CA-
00459-AX, has been directed to maintain, manage and close the Facility as efficiently and expeditiously as
possible. As an officer of the court, the Permittee 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
to the Buckeye Road Ditch Class III Fresh Waters, then Bishop Harbor, a Class II marine estuary (WBID#
1797B); and D-002 outfall into Scale Avenue Ditch Class III Fresh Waters, and then Piney Point Creek, a
Class III marine estuary (WBID# 1789). These waterbodies are parts of or tributaries to Tampa Bay.
Exhibit A
II. SURFACE WATER
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
(WQBEL) 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. The Permitee’s information does not provide reasonable assurance that the Facility’s non-contact stormwater
discharge will meet the existing interim WQBEL load allocation of 0.9 tons/year, especially to the extent that
required closure construction activities will increase the non-contact stormwater watershed, thus increasing
potentially the loading from additional non-contact stormwater runoff. 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 existing non-contact
stormwater system, and also evaluate the treatment performance of the newly constructed or planned closure
areas at the Facility that are expanding the closed, non-contact stormwater management system for the closing
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.
Exhibit A
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:
(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,
The Permittee shall implement the following corrective actions:
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
Stormwater Quality Plan of Study (Stormwater Quality 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 Stormwater Quality Plan, the Permittee shall
provide recommendations regarding compliance with numeric nutrient criteria for the receiving waterbody
and downstream waters in accordance with Rule 62-302.531, 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 Stormwater Quality Plan shall be approved in writing by
the Department and shall thereafter be binding upon the Department and the Permittee.
Exhibit A
22. The Stormwater Quality Plan shall also include an evaluation of the watershed and loading changes resulting
from closure activities, including analyses of the performance of newly closed stormwater management areas,
and the projected expansion of the non-contact stormwater management system for the remainder of the
closing areas at the Facility, 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
shall be met. The Stormwater Quality Plan must also include a schedule for completion of all study activities
and submittal of Nutrient Loading Status Reports to the Department, at least semi-annually (two times per
year), until completion, reporting on the projected 5-year annual average loading for TN, and the projected
annual loading for TP for any three consecutive yearly periods. The Nutrient Loading Status Reports may be
included in the quarterly progress reports required pursuant to paragraph 26 below. The Stormwater Quality
Plan shall include steps to evaluate the allowable loading of TN and TP for the closing Facility, and to provide
recommended actions, along with Facility and/or permit modifications for Department review and approval,
for the Facility to achieve compliance with applicable interim or final TN loading allocations for point source
discharges of TN to the Tampa Bay Watershed, and applicable TP loading pursuant to Rule 62-302.532,
F.A.C.
23. In accordance with the schedule in paragraph 24, below, the Permittee must:
(a) Provide reasonable assurance in the Recommended Stormwater Actions Report (Stormwater Actions
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 Stormwater Actions Report the Facility and/or permit modifications necessary to
provide reasonable assurance that the Facility’s discharge will comply with its allocation of the Tampa
Bay Watershed TMDL, 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 4.5 tons/yr 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.:

Monitoring
Max. Frequency Site
Parameter Units /Min Limit Statistical Basis of Analysis Sample Type Number
Nitrogen, Total
tons/yr Max 4.5 5 Year Rolling Average Monthly Calculated EFF-TotalN
(Interim)
24. Permittee shall submit the Plan and results as follows:
Implementation Step Completion Date

Submit a draft Stormwater Quality Plan. No later than 120 days after permit issuance
Respond to Department comments. Within 30 days of receipt of the comments
Submit final Stormwater Quality Plan. Within 30 days of receipt of the Department’s
final comments
Implement the Stormwater Quality Plan. As per the schedule in the approved Stormwater
Quality Plan
Submit the draft Stormwater Actions Report to the As per the schedule in the approved Stormwater
Department for review and approval. Quality Plan
Submit final Stormwater Actions Report. Within 30 days of receipt of the Department’s
final comments
Exhibit A
In accordance with the approved Stormwater Actions Within 90 days of the Department’s approval or
Report, the Permittee shall submit permit revision acknowledgement of receipt of the Stormwater
application(s), with applicable fee payments, to cover Actions Report as required herein, but in no case
any changes in the permit required by the approved later than 5 years after permit issuance
Stormwater Actions Report.
GROUND WATER
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:

Submit a draft Plan of Study for Ground Water Quality No later than 30 days after permit issuance
Assessment.
Submit final Plan of Study for the Ground Water Within 30 days of receipt of the Department’s
Quality Assessment. final comments
Perform the Ground Water Quality Monitoring Plan As per the schedule in the final plan of study.
recommended by the final Plan of Study.
Submit a draft preliminary delineation of any offsite No later than 12 months after permit issuance
ground water impacts from the Facility
Submit a final delineation of any groundwater impacts Within 60 days of receipt of the Department’s
beyond the zone of discharge from the facility, and final comments
documentation of well construction or abandonment,
where needed.
The Permittee shall submit a completed Ground Water No later than 18 months after permit issuance
Monitoring Plan and shall, as needed, submit a permit
revision application with fee to cover any changes in
the permit ground water monitoring requirements.
Exhibit A
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:

Submit the draft Engineering Report, including a No later than 12 months after permit issuance
proposed Implementation Schedule and projected
timeframes for returning ground water conditions from
the Facility to compliance with the applicable ground
water standards and protection requirements of Chapter
62-520, F.A.C.
Respond to Department comments on the draft Within 30 days of receipt of the written
Engineering Report. Department comments, or as otherwise specified
in writing by the Department’s comments
Submit final Engineering Report. Within 60 days of receipt of the Department’s
final comments, and direction to submit the final
Engineering Report.
Complete all operational or other ground water control No later than 3 years after permit issuance
modifications or changes, per the implementation
schedule in the Department approved Engineering
report so that ground water quality standards will be
met at the Facility’s zone of discharge, and submit
completion documentation as required.
ADDITIONAL REQUIREMENTS
26. The Permittee. shall provide the Department with quarterly progress reports outlining progress toward
compliance with the interim time frames, beginning the first calendar quarter following the effective date of
this Order. The quarterly progress reports shall include the progress toward completion of the interim
Exhibit A
requirements under this Order and indicate an updated expected completion date for such requirements for
the Surface Water and Ground Water corrective actions specified hereunder.
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;
Exhibit A
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.
Executed in Temple Terrace, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
PROPOSED
__________________________________
John A. Coates, Director
Division of Water Resource Management
FILING AND ACKNOWLEDGEMENT
FILED on this date, under Section 120.52, Florida Statutes, with the designated Deputy Clerk, receipt of which is
hereby acknowledged.
_____________________________
[Clerk] [Date]
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
Exhibit A
Exhibit B: Water Quality Monitoring Location Map - Piney Point
April 17, 2024

1:36,112
0 0.38 0.75 1.5 mi
0 0.5 1 2 km
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and

the GIS user community, County of Manatee, Esri, HERE,
Maxar
Exhibit B
Map created by Map Direct, powered by ESRI.
Florida Department of Environmental Protection makes no warranty,expressed or implied,or assumes any legal liability or responsibility for the accuracy,completeness,or usefulness of any

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Case 8:21-cv-01521-WFJ-CPT Document 187 Filed 07/08/24 Page 1 of 4 PageID 3497

IN THE UNITED STATES DISTRICT COURT

CENTER FOR BIOLOGICAL

Plaintiffs and Defendant Shawn Hamilton, Florida Department of

Environmental Protection (“FDEP”) (collectively, the “Parties”) jointly notify the

claims against FDEP, and/or to enforce the Settlement.

July 8, 2024 Respectfully submitted,

/s/ Daniel C. Snyder /s/ Ragan Whitlock

Lead Counsel for Plaintiffs /s/ Justin Bloom

Counsel for Plaintiffs

/s/ Jesse Panuccio

Florida Bar No. 31401

Counsel for Defendant FDEP

I hereby certify that on July 8, 2024, I electronically filed the foregoing

transmission of Notices of Electronic Filing generated by CM/ECF.

/s/ Daniel C. Snyder

Environmental Protection, including, Shawn Hamilton, in his official capacity as Secretary

of Florida Department of Environmental Protection (“FDEP”), and Center for Biological

Diversity, Tampa Bay Waterkeeper, Suncoast Waterkeeper, Manasota-88, and Our

Children’s Earth Foundation (“Plaintiffs”), FDEP and Plaintiffs collectively referred to as

LLC., Case No. 8:21-cv-1521-WFJ-CPT (the “Litigation”).

all alleged violations.

FL0000124 as depicted in Exhibit A attached to this Settlement Agreement (the “Permit”).

I. FDEP’s Covenants and Responsibilities

a. Discharge Monitoring Reports (DMRs), and attachments thereto,

submitted to FDEP pursuant to any renewed or reissued NPDES Permit

FL0000124 following the effective date of this Settlement Agreement;

b. bioassay laboratory reports generated according to EPA-821-R-02-012-

c. effluent samples results taken at monitoring sites listed in Permit

Condition I.A.14.1 for monitoring of the Underground Well Injection System

d. effluent samples results taken at monitoring site locations listed in

NPDES Permit No. FL0000124, Conditions I.A.1., I.A.3., I.A.5, I.A.7,

including DMRs and monitoring of non-contact stormwater discharges from

e. quarterly monitoring results of whole effluent toxicity limits for both

Ceriodaphnia dubia and Cyprinella leeda;

f. monthly average calculations results of total ammonia nitrogen, pH,

g. results of routine toxicity tests provided to FDEP from outfall D-001,

h. reports of sampling of monitoring wells submitted to FDEP, including

all groundwater sampling reports at monitoring wells identified in NPDES

Permit Condition III.B.4., and III.B.6.(DMRs, Part D);

i. ground water monitoring test results submitted on Part D of Form 62-

620.910(10) in accordance with Permit Condition I.D.3;

of gross alpha particle activity and combined radium;

k. annual average for Beryllium reported;

l. annual nutrient loads reported for Total Nitrogen and Total

m. the annually updated projected water balance required by Rule 62-

672.780(8) Florida Administrative Code (F.A.C.);

n. the annual phosphogypsum stack inspection report required by Rule 62-

o. the submittal of a critical condition report for a sinkhole or karst feature

required by Rule 62-672.770(4), F.A.C.; and

p. any noncompliance which may endanger health or the environment

pursuant to the criteria of Rule 62-620.610(20), F.A.C., which is subject to the

public notification of pollution required by Section 403.077, Florida Statutes. 1

a. The monitoring will include, at a minimum, the following water-quality parameters:

temperature, specific conductivity, salinity, dissolved oxygen, pH, turbidity, total

nitrogen and total phosphorus concentrations.

b. The monitoring will include the following supplemental water-quality parameters,

carbon dioxide (pCO2).

II. Plaintiffs’ Covenants and Responsibilities

will become null and void.

based upon or arising from the factual predicates of the Litigation.

Litigation on issues FDEP deems relevant to its interests.

6. Plaintiffs acknowledge that FDEP has appropriately considered Plaintiff’s

individuals or entities to file a challenge or dispute the Permit in any forum.