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Piney Point Settlement
Piney Point Settlement
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
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.
Jesse Panuccio
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CERTIFICATE OF SERVICE
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
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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
(“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,
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
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.
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:
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:
Section 12 (These reports are submitted separately but are usually also attached
to the DMRs.);
U-001;
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Outfalls D-001, D-002, and D-003, and interim period monitoring and
reporting, respectively;
and temperature;
D-002, and D-003 (on DMRs and separately submitted bioassay reports);
j. analytical results for any preserved sample taken for the determination
Phosphorous;
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672.770(5), F.A.C.;
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.
where feasible based on consultation with the Tampa Bay Estuary Program:
1
All public notices of pollution are available at https://floridadep.gov/pollutionnotice and
will not be separately listed in FDEP’s Oculus System.
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chlorophyll-a, fluorescent dissolved oxygen matter (FDOM), and partial pressure for
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
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
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
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
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
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
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successors.
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
in accordance with the laws of the State of Florida, both as to interpretation and performance.
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.
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.
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
Email: [email protected]
Email: [email protected]
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PLAINTIFFS’ SIGNATURES
Signature Signature
Signature Signature
Name: Name:
Date: Date:
Signature
Name:
Date:
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PLAINTIFFS’ SIGNATURES
Signature Signature
Signature Signature
Name: Name:
Date: Date:
Signature
Name:
Date:
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PLAINTIFFS’ SIGNATURES
Signature Signature
Name: Name:
Date: Date:
Signature
Signature
Name: Justin Tramble
Name: Abbey Tyrna
Date: June 10, 2024
Date: June 6, 2024
Signature
Date: 6/11/2024
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FDEP’S SIGNATURE
Signature
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[DATE]
SENT BY EMAIL TO:
([email protected])
In the Matter of an
Application for Permit by:
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:
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
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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
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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.
Exhibit A
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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.
_______________________________
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
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this document and all
attachments were sent on the filing date below to the following listed persons:
Exhibit A
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___________ ____________
Clerk Date
Exhibit A
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FLORIDA DEPARTMENT OF Ron DeSantis
Governor
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
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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
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
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.:
Exhibit A 3
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
Exhibit A 4
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
2. Effluent samples shall be taken at the monitoring site locations listed in Permit ConditionI.A.1. and as described
below:
Exhibit A 5
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
3. 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-002 to the Scale Avenue Ditch.
Such discharge shall be limited and monitored by the permittee as specified below and reported in accordance
with Permit Condition I.D.3.:
Exhibit A 6
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
Exhibit A 7
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
*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.
4. Effluent samples shall be taken at the monitoring site locations listed in Permit Condition I.A.3. and as described
below:
5. During the period beginning on the effective date and lasting through the expiration date of this permit, the
permittee is authorized to discharge only non-contact stormwater from Outfall D-003 to Buckeye Road Ditch.
Such discharge shall be limited and monitored by the permittee as specified below and reported in accordance
with Permit Condition I.D.3.:
Exhibit A 8
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
Exhibit A 9
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
Exhibit A 10
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
*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.
6. Effluent samples shall be taken at the monitoring site locations listed in Permit Condition I.A.5. and as described
below:
7. Interim Period: During the period beginning on the effective date and lasting through the compliance schedule
period granted by the administrative order AO-001SWPM23, the permittee shall be subject to the interim limit for
Exhibit A 11
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
total nitrogen for the discharge of non-contact stormwater from Outfalls D-001, D-002 and D-003 to Tampa Bay.
Such discharges shall otherwise be limited and monitored by the permittee as specified below and reported in
accordance with Permit Condition I.D.3.:
8. Effluent samples shall be taken at the monitoring site locations listed in Permit Condition I.A.7. and as described
below:
9. The discharge shall not contain components that, alone or in combination with other substances or in combination
with other components of the discharge:
a. Settle to form putrescent deposits or otherwise create a nuisance; or
b. Float as debris, scum, oil, or other matter in such amounts as to form nuisances; or
c. Produce color, odor, taste, turbidity, or other conditions in such degree as to create a nuisance; or
d. Are acutely toxic; or
e. Are present in concentrations which are carcinogenic, mutagenic, or teratogenic to human beings or to
significant, locally occurring, wildlife or aquatic species, unless specific standards are established for such
components in subsection 62-302.500(2) or Rule 62-302.530, F.A.C.; or
f. Pose a serious danger to the public health, safety, or welfare.
[62-302.500(1)(a)1-6]
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
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
11. The total ammonia nitrogen (TAN) monthly average effluent value shall be recorded on the DMR in the
parameter row for "(effluent)." The calculated effluent limit shall be recorded on the DMR in the parameter row
for "(calculated limit)." Compliance with the effluent limitation is determined by calculating the difference
between the measured effluent value and the calculated. The compliance value shall be recorded on the DMR in
the parameter row for "(effluent minus calculated limit)." The compliance value shall not exceed 0.00. [62-
302.530]
12. To determine compliance with the total ammonia nitrogen (TAN) single sample effluent limitation, divide each
TAN effluent sample value by the calculated TAN criterion value for that sample (calculated using the equation in
permit condition I.A.10.) and compare to 2.5. On the DMR, report the greatest ratio of effluent sample value to
TAN criterion value calculated for that sample. The compliance value shall not exceed 2.5. [62-302.530]
The measured effluent value shall be recorded on the DMR in the parameter row for "Turbidity (effluent)." The
measured background value shall be recorded on the DMR in the parameter row for "Turbidity (background)" The
calculated effluent limit shall be recorded on the DMR in the parameter row for "Turbidity (calculated limit)."
Compliance with the effluent limitation is determined by calculating the difference between the measured effluent
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
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
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
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
(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
13051 N Telecom Parkway, Suite 101
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
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
16. The Total Maximum Daily Load for Total Nitrogen and Total Phosphorous shall be calculated from the monthly
average Total Nitrogen and Total Phosphorous concentrations.
The Annual Total shall be calculated as a 12-month rolling total based on the cumulative total tonnage discharged
during the reporting month plus the total tonnage discharged during the preceding 11 consecutive months.
The 5-year rolling average for total nitrogen and total phosphorous shall be calculated as the cumulative total
tonnage discharged during the reporting month plus the total tonnage discharged during the preceding 59
consecutive months, divided by 5, for total discharges from the Facility.
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.
1. During the period beginning on the effective date and lasting through the expiration date of this permit, the
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.:
Exhibit A 16
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
2. Effluent samples shall be taken at the monitoring site locations listed in Permit Condition I.A.14.1. and as
described below:
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)]
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
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
a. The laboratory's reported MDL and PQL values for the particular method must be equal or less than the
corresponding method values specified in the Department's approved MDL and PQL list;
b. The laboratory reported MDL for the specific parameter is less than or equal to the permit limit or the
applicable water quality criteria, if any, stated in Chapter 62-302, F.A.C. Parameters that are listed as "report
only" in the permit shall use methods that provide an MDL, which is equal to or less than the applicable water
quality criteria stated in 62-302, F.A.C.; and
c. If the MDLs for all methods available in the approved list are above the stated permit limit or applicable water
quality criteria for that parameter, then the method with the lowest stated MDL shall be used.
When the analytical results are below method detection or practical quantitation limits, the permittee shall report
the actual laboratory MDL and/or PQL values for the analyses that were performed following the instructions on
the applicable discharge monitoring report.
Where necessary, the permittee may request approval of alternate methods or for alternative MDLs or PQLs for
any approved analytical method. Approval of alternate laboratory MDLs or PQLs are not necessary if the
laboratory reported MDLs and PQLs are less than or equal to the permit limit or the applicable water quality
criteria, if any, stated in Chapter 62-302, F.A.C. Approval of an analytical method not included in the above-
referenced list is not necessary if the analytical method is approved in accordance with 40 CFR 136 or deemed
acceptable by the Department. [62-4.246, 62-160]
2. The permittee shall provide safe access points for obtaining representative influent and effluent samples which are
required by this permit. [62-620.320(6)]
3. Monitoring requirements under this permit are effective on the first day of the second month following the
effective date of the permit. Until such time, the permittee shall continue to monitor and report in accordance with
previously effective permit requirements, if any. During the period of operation authorized by this permit, the
permittee shall complete and submit to the Department Discharge Monitoring Reports (DMRs) in accordance with
the frequencies specified by the REPORT type (i.e. monthly, quarterly, semiannual, annual, etc.) indicated on the
DMR forms attached to this permit. Unless specified otherwise in this permit, monitoring results for each
monitoring period shall be submitted in accordance with the associated DMR due dates below. DMRs shall be
submitted for each required monitoring period including periods of no discharge.
The permittee shall use the electronic DMR system approved by the Department (EzDMR) and shall
electronically submit the completed DMR forms using the DEP Business Portal at
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
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
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:
6. If there is no discharge from the facility on a day when the facility would normally sample, the sample shall be
collected on the day of the next discharge. [62-620.320(6)]
A. Construction Requirements
1. The permittee shall give at least 72-hour notice to the Department's Division of Water Resource Management,
Phosphate Management Office, prior to the installation of any monitoring wells. [62-520.600(6)(h)]
2. Before construction of new ground water monitoring wells, a soil boring shall be made at each new monitoring
well location to properly determine monitoring well specifications such as well depth, screen interval, screen slot,
and filter pack. [62-520.600(6)(g)]
3. Within 30 days after installation of a monitoring well, the permittee shall submit to the Department's Division of
Water Resource Management, Phosphate Management 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
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
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:
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
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
7. The following parameters shall be analyzed for each monitoring well identified in Permit Condition III.B.6.
Compliance Well Monitoring
Parameter Limit Units Sample Type Frequency
Water Level Relative to NGVD Report ft In Situ Quarterly
Temperature (C), Water Report Deg C In Situ Quarterly
Specific Conductance Report 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):
Exhibit A 21
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
9. The following parameters shall be analyzed for each monitoring well identified in Permit Condition III.B.8.
Compliance Well Monitoring
Parameter Limit Units Sample Type Frequency
Water Level Relative to NGVD Report ft In Situ Quarterly
Note: For piezometers, monitoring and reporting is required only for water level information.
[62-520.600(11)(b)]
10. Water levels shall be recorded before evacuating each well for sample collection. Elevation references shall
include the top of the well casing and land surface at each well site (NAVD allowable) at a precision of plus or
minus 0.01 foot. [62-520.600(11)(c)]
11. Ground water monitoring wells shall be purged prior to sampling to obtain representative samples. [62-160.210]
12. Analyses shall be conducted on unfiltered samples, unless filtered samples have been approved by the
Department's Division of Water Resource Management, Phosphate Management Office as being more
representative of ground water conditions. [62-520.310(5)]
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
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
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)]
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:
Exhibit A 23
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
[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:
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
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
b. The permittee has made complete the application for renewal of this permit before the permit expiration date.
[62-620.335(1)-(4)]
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
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
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)]
Exhibit A 26
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
(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
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
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)]
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)]
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
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
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;
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)]
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
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
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
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
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
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
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
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
[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)]
Exhibit A 33
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PERMITTEE: Donica Receivership Services, LLC PERMIT NUMBER: FL0000124(Major)
FACILITY: Piney Point Phosphogypsum Stack System PA FILE NUMBER FL0000124-006-IW1S/NR
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)]
________PROPOSED________________________
Attachment(s):
Attachment A: Site location map
Exhibit A 34
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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
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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
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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.
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,
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
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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.:
Exhibit A
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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:
Exhibit A
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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:
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
Case 8:21-cv-01521-WFJ-CPT Document 187-1 Filed 07/08/24 Page 58 of 60 PageID 3558
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
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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.
PROPOSED
__________________________________
John A. Coates, Director
Division of Water Resource Management
FILED on this date, under Section 120.52, Florida Statutes, with the designated Deputy Clerk, receipt of which is
hereby acknowledged.
_____________________________
[Clerk] [Date]
CERTIFICATE OF SERVICE
The undersigned hereby certifies that this Order and all copies were mailed or transmitted electronically or by
facsimile before the close of business on ______ to the listed persons.
_____________________________ _____________________
Name Date
Exhibit A
Case 8:21-cv-01521-WFJ-CPT Document 187-1 Filed 07/08/24 Page 60 of 60 PageID 3560
Exhibit B: Water Quality Monitoring Location Map - Piney Point
0 0.5 1 2 km
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