Authored By: Rob Mohr
In early July, the Florida Department of Environmental Protections (FDEP) agreed to draft a Clean Water Act permit for a retired phosphate facility near Tampa Bay, FL. The agreement allows for increased oversight and regulation regarding the water pollution from the facility into Tampa Bay. Although the mine has not been in operation since its owners went bankrupt in 2001 and the land fell under FDEP control, the State began disposing of dredged material on the site, in addition to the existing gypsum waste from phosphate mining. In 2004, the land was sold to HRK Holdings, which owns it today.
In 2021, the liner containing the waste failed, and 215 million gallons of contaminated water were released into Tampa Bay. This led to a historic red algae bloom and emergency evacuations from homes in the surrounding county. The US Army Corps of Engineers inspected the site before the liner failure and recommended against storing dredge material based on the structural integrity of the impoundments and the toxic waste contained within.
The nitrogen contained in the phosphogypsum waste accelerates the growth of algae. Red algae outcompete the other algae organisms in the water, and the bloom becomes monospecific, turning red. This algae species releases a toxin that is harmful to fish, birds, and other marine life. The toxin can even become airborne, causing irritation to humans. Furthermore, consuming shellfish tainted by the algae’s toxin can lead to Neurotoxic Shellfish Poisoning. In addition to these biological impacts, the economic damage and distress caused by these blooms can have dire impacts on the communities that rely on the Tampa Bay waters for commercial fishing.
After the collapse and wastewater release, Public Justice filed a suit against FDEP and HRK, bearing the flag for several environmental activist groups. Their suit argued that the Piney Point facility was a major public and environmental health risk and that HRK did not have the correct permits to release the pollution into Tampa Bay.
Annie Beaman, the director of one of the plaintiff environmental groups said, “when environmental agencies are asleep at the wheel, average citizens have to step up to do the work of government…Florida officials saw this coming and still failed to act. Once again, the Tampa Bay environment is suffering. The public and our ecosystems will bear the brunt of this toxic pollution.”
The suit faced multiple motions to dismiss but ultimately prevailed and led to a settlement in July of 2024. In the settlement, the FDEP agreed to create a National Pollution Discharge Elimination System (NPDES) and monitor the water quality and integrity of the facility until its closure. FDEP also agreed to pay $75,000 to the Tampa Bay Estuary Program in pursuit of better water quality oversight around the area where discharge from Piney Point enters Tampa Bay. Public Justice is still seeking roughly $1 million in civil penalties against HRK Holdings over the unlawful pollution.
Thanks to Public Justice and their allies for fighting against systemic threats like corporate corruption, environmental polluters, and assaults on civil rights and liberties. If you want to financially support Public Justice and help them continue their important work, click here to visit their website.
