Piney Point

Piney Point Site Closure Progress

Response and Closure Activities | Frequent Questions | Timeline | Archived Updates

PINEY POINT CLOSURE ACTIVITIES

Current Status of Closure Work:

OGS-South: CLOSED

The receiver selected Forgen LLC as the contractor to complete the closure work for this first compartment, and work is substantially complete. A protective liner has been installed on top of the compartment, along with a new stormwater control system, and soil cover and grass over the OGS-South cap area to reduce the chance of soil erosion.

NGS-South: ONGOING

The receiver selected C&M Dredging Inc., Dredge America Inc., Petrotech Southeast Inc. and Solmax Geosynthetics LLC have been selected as the contractors to complete the first phase of closure work for the NGS-South compartment, which includes dredging and dewatering activities. DEP will continue its stringent regulatory oversight of the facility, monitoring the receiver’s ongoing water management activities and preparations for closure work, as well as the required inspections for monitoring the integrity of the stack system.

NGS-North: BEING PREPARED

In order to expedite and ensure the proper completion of the closure of the former Piney Point facility, the Florida Department of Environmental Protection (DEP) requested the appointment of a court-appointed receiver to oversee closure of the site and manage day-to-day site activities. On Aug. 25, 2021, a judge in the Manatee County Circuit Court issued an order appointing Herb Donica as this independent third party. DEP is working closely with the receiver to ensure continued progress toward closure.

As the initial step, a conceptual closure plan was developed by the receiver’s engineers and approved by the department that addresses the environmental protection requirements for the closure work. The plan includes a timeline and strategy for continued water management at the site that is essential to eliminate the current process water from the reservoir areas, as well as details on construction of a closed system that protects both ground waters and surface waters in the area. The closure plan outlines a phased approach with the capping of each reservoir area as water is eliminated from the site, beginning with the OGS-South compartment.

Once all water is removed from the reservoir areas, the stacks will receive fill material and new liners as needed along with new stormwater controls, a 2-foot-thick soil and vegetative cover system that will be sloped to ensure runoff of clean, non-contact rainwater into the existing stormwater management system. "Notches" will be incorporated into the walls of the reservoirs so that the reservoir areas, once closed, will no longer build up water and will function only to provide stormwater management and control of stormwater discharge rates. This closure design is being integrated into the site’s existing stormwater management system.

Current Update:

Aug. 9, 2024

Severe weather associated with Hurricane Debby passed through the Piney Point site this week, producing high winds and over nine inches of rain. DEP has been in contact with the court-appointed receiver and confirmed there is no identified damage to the compartment systems and there are no other water management concerns.

DEP is working closely with the court-appointed receiver to continue site evaluations and manage water levels. A full site inspection is underway to assess any post-storm impacts.

Key status updates and response activities (bolded and underlined language reflects changes):

FREQUENTLY ASKED QUESTIONS

What is the role of the court-appointed receiver?

The court-appointed receiver serves as an independent third party who is responsible for the day-to-day management and operations of the site, including planning for the closure of the site while managing water to ensure safe storage capacities. DEP will continue its stringent regulatory oversight of the facility to ensure this is the last chapter in the long history of Piney Point. In accordance with its court-ordered responsibilities, DEP is committed to working with the receiver to ensure that progress toward closure is performed as expeditiously as possible.

Has a closure plan been developed for the site?

Yes. On March 31, 2022, DEP issued an order approving the conceptual closure plan for the former Piney Point facility that was prepared at the direction of the site’s court-appointed receiver.

The plan addresses the environmental protection requirements for the closure work. This includes the strategy for continued water management at the site that is essential to eliminate the current process water from the reservoir areas as well as details on construction of a closed system that protects the area’s ground waters and surface waters. The plan also provides information on the expected timeframes, the planned closing procedures, and the final cover and stormwater management systems for the closed stack.

What does the closure plan entail?

Once all water is removed from the reservoir areas, the stacks will receive fill material and new liners as needed along with stormwater controls, a 2-foot-thick soil and vegetative cover system that will be sloped to ensure runoff of clean, non-contact rainwater into the existing stormwater management system. "Notches" will be incorporated into the walls of the reservoirs so that the reservoir areas, once closed, will no longer build up water and will function only to provide stormwater management and control stormwater discharge rates. This closure design is being integrated into the site’s existing stormwater management system.

Has closure work begun?

Yes. Closure work is complete for the first compartment - the OGS-South. The NGS-South compartment is the next compartment scheduled for closure work per the site’s approved closure plan, and that work is ongoing. The NGS-North compartment is also being prepared for closure. It is no longer being used to store water, and the crest elevation has been reduced as part of the ongoing closure work.

What is the expected timeline for completion of closure?

The closure plan outlines a phased approach, with interim dates for closure of each of the reservoirs as water is eliminated from the site. The OGS-South Compartment is closed, and closure work is ongoing in the NGS-South, which is the next compartment scheduled for closure work per the site’s approved closure plan. DEP will continue to work with the receiver to ensure that progress toward closure is performed as expeditiously as possible.

What is the status of the Manatee County UIC well at Buckeye Road?

Manatee County is currently receiving and treating non-hazardous industrial wastewater from the former Piney Point facility for injection using the county’s permitted UIC well. DEP is conducting a wide variety of inspections of both Manatee County's injection well and monitoring wells to ensure they are properly operated and maintained in compliance with all regulatory requirements for protection of groundwater resources and the environment.

What is the status of DEP’s enforcement against HRK?

DEP continues to work to ensure that HRK is held accountable. On Aug. 5, 2021, the agency filed a complaint in the 12th Judicial Circuit Court in Manatee County initiating enforcement action against HRK. This action enforces compliance with the state's environmental laws and all of HRK's existing authorizations, orders and agreements with the department.

HRK did not timely file a responsive pleading with the court and, as a result, DEP filed a motion for entry of clerk’s default on Oct. 4, 2021. The clerk for the 12th Judicial Circuit Court in Manatee County subsequently entered a default against HRK on Oct. 12, 2021.

On Jan. 3, 2023, DEP filed a Motion for Entry of Final Judgment against HRK Holdings LLC. DEP is seeking the maximum allowable penalties under existing laws and regulations and recovery of costs.

On Aug. 13, 2024, the 12th Judicial Circuit Court in Manatee County entered a Final Judgment against HRK Holdings LLC. As part of this ruling, the court awarded $258,132,438.91 to DEP (including $119,745,000.00 in civil penalties and $138,387,438.91 in costs and expenses). The court also granted DEP the option to file for additional costs and expenses upon completion of the site closure.

TIMELINE

ARCHIVED UPDATES

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