DFP FINAL ORDER NO. 11-0433
STATE OF FLORIDA DEPAR7MEIYT OF ENVIRONMENTAL PROTECTION
1N RE:
HRK Holdings, L.L.C; s (HRI~
a.k.a. Eastport Terminal DGC File No. 11-0813
Administrative Agreement: FLOOD0124-003,AA Administrative Agreement: OGC Fi(e No. 06-1685
EMERGENCY FINAL ORDER
Uhder Sections 120.569(2)(n) of the Florida Statutes, and upon the following fi1~di~s of fact, the State of Florida Depar6rent of Environmental Protection_(Department) enters this Emergency Final Order (Order), including Findings of Fact and Conclusions of Law, in response to the imminent or immediate danger to the public health, safety, and welfare of the citizens of the State of Florida resu~ing from a potential breach in the liner at the Eastport Terminal facility.
FINDINGS OF FACT
1. HRK Holdings, L.L.C.`s (HRK) is responsible for operation of the closed phosphogypsum stacks at the former Piney Point facifify, now operated as fhe East~o►i Te~rninal facility (Facility), boated in Manatee County, Florida. NRK is authorized to manage operations at the Faclity under the Departments Administrative /~greemeni FL0000124-E)03-AA (hereinafter "HRK AA's, as well as Administrative Agreement, OGC No. 06-1685, as amended, hereafter known as the Dredge Management Administrative Agreement (DMAA). The HRK AA addresses the management of wastewater and stormwater at the Facility, via authorized outfall structures Oat, 002 8~ X03, along with closure related operation and maintenance requirements. The DMAA addresses, among other provisions, HRK's use of tfi~ree of the fined reservoir compartments on top Filing # 19851295 Electronically Filed 10/27/2014 12:16:38 PM
dredge material and clarification of transport seawater. NRK and Port Manatee executed a Dredged Materials Containment Agreement to address their operating, maintenance and related responsibilities for this activity.
The 466 acre phosphogypsum stack system (hereinafter "S~rstem'~ which includes the phosphogypsum stack with HDPE Lined reservoir compartments discussed befew, plus the south cooling pond system, north cooling pond system and associated lined stormwater ponds was closed in 2010 based on the requirements for cEosing Systems under Chapter 62-673, Fbrida Administrative Code (F.A.C.). The top of the
dosed stack was constructed with various top gradient stomnwater areas and four 80- _ __ mil HDPE lined reservoir compartments. Process water continues to be managed
separately in the new gypsum stack no~fh (NGS-N) lined reservoir compartment. The remaining three lined compartments have only contained rainwater run-off prior to commencement of dredge operations and are designated as the: new gypsum stack
south~NGS-S~,p{d_gypsumstaclS..north(OGS-N),andold,gypsum stack south .(OGS-S~ ~~_ ._ compartments. The OGS-S, OGS-N, 8 NGS-S compartments are currently being used
as an alternate disposal area for the management of dredge materials as authorized by Port Manatee Permit Modification No. 0729291-U16-EM.
2. At approximately 8:OQ pm on April 22, 2011, Great Lakes Dredge and Dock Company, under contract to Port Manatee, commenced dredging operation for the construction of Port Manatee's Berth 12 area. The dredge materials are to be hydraulically placed in two of the lined reservoir compartrnents at the Facility (OGS-S and QGS-N), with return water being clarified and decanted through the larder NGS-S compartment prior to being conveyed to Port Manatee's return canal and Manatee Harbor.
3. On May 11, 2011, H RK reported an unexpected increase in the drain flow rate and specific conductance (conductivity) that were being monitoring for the buried drains surrounding tl~e lined gypstadc compartments, possibly initially indicating that a leak or breach of the liner system had Qccurred. Since the May 11, 2011, report NRK has continued increased monitoring of the drain flow rates and conductivity, pH, and other parameters to characterize the drain how. The drain conductivit~r, chlorides, pH, and other characteristics indicate that the drain flows are seawater from the dredge operation.
4. Dredge disposal operations Into the OGS-S Ilned reservoir compartment were discontinued on May 20, 2017, and shifted to discharge dredge materia{ into tfie OGS-N lined reservoir cbmpartmenk so that the OGS-S campartmeni water levels could b~ pumped down to detem~ine the location of the liner leakage and any repairs needed.
5. As of May 28, 201 Z , the drain flow rates have remained high and seawater from the dredge operation has fully pressurized the buried drain and is entering the lined stormwater ditch, south of OGS-S through a boil and opening into the ditch bottom. The increased pressure fn the drain and the south wall of the OGS-S compartment appears to _ have caused a_ bu_g! e and a rotational cradcin~ afore at the toe of the south wa11 of
~GS-S compartment.
6. HRK has taken and continues to take measures, which include increased monitoring and pumping, reducing water levels in the OGS-S compartment, and relieving pressures within ifie south wall of OGS-S and from the drain below the adjacent lined stormwater ditch.
7. The Departrnent has determined that the condition described in paragraph 5 above, creates an imminent threat flf a potential loss of containment and a catastrophic release of Large amounts of seawater and embankment materials, if immediate actions cannot be accomplished to reduce the amount of seawater pressure within the affected area. A catastrophic release of seawater and embankment materials from the System could result in personal injury ~r severe property and environmenfial damage_
8. The Department is entering this Emergency Final Order to protect human health and safety and to protect the environment from a potential catastrophic failure of the containment system at the Facility.
CONCLUSIONS ~F LAW
9. The Department is empowered to administer and enforce Chapters 373 and Q03 of the Florida Statutes and the rules promulgated and adopted thereunder.
90. Based on the findings recited above, it is hereby concluded that the emergency caused by the potential breach in tf~e liner system and the resulting conditions associated with the OGS-S compartment pose an immediate danger to the public health,
i 1. Under Sections 12~.569(2)(n} of the Florida Statutes, the Secretary of the Department is authorized to issue this Emergency Final order.
ORDER THEREFORE, IT IS ORDERED THAT:
12. The Facility shall continue to take immediate emergency actions as necessary to ensure the stability of all System dikes, berms, and ditches to prevent a containment failure and catastrophic release of seawater and embankment materials_ Ata minimum,~the Faci(iry shall continue pumping and water management operations as needed to reduce seawater pressures within the OGS-S waq and drain system, to eliminate or reduce potential impacts to the stability of the OGS-S wall and OGS-S south ditch embankments; to continue exploratory operations to locate, isolate, and repair as needed any potential liner breaches contributing to the conditions described in paragraph ~ herein, and to continue as fieasible efforts to contain and recirculate seawater too that dredge operations and associated decant water management system.
13, if the Facility determines that, based on recommendation of a third-party registered professional engineer, that the immediate emergency actions to contain and recirculate seawater to the dredge operations and decant water management system, as described in Paragraph 12 above, along with other emergency actions to prevent destabilization of containment structures within the System, art not adequate to contaitl seawater without an unacceptable risk of a catasVophic release, if is hereby authorized t4 begin temporarily discharging seawater through Outfall 003, or otherwise to any portion of the unnamed ditch along Buckeye Road o~ downstream of Outfall 003, (hereinafter "Emergency Temporary Discharge') so as tv avoid or reduce the amount of seawater release that may otherwise result from a loss of containment and unpermitted discharge to surface waters of the state. Any such discharges from the System shall be made solely to preserve the integrity of the System, and shall be subject to the conditions further specified herein. Notwithstanding an Emergency Temporary Discharge hereunder, all feasible efforts to locate and repair as needed any finer breaches, and recirculation of seawater, to
the extent possible, back to the dredge material decant water management system shall be continued.
14. Prior to commencing an Emergency Temporary Discharge, the Facility shelf inspect alt downstream conveyances to ensure no impedances exist that may cause adverse flooding or harm to public safety, health, welfare, or the property of ethers based on the expected range of emergency discharge flow rates. The Facility shall notify the Department of the result of such an inspection of the downstream conveyances to Bishop Ha~fior, including any impedances that may quse adverse flooding impacts as noted _____$boVet p~tor to dischar~ing.to_t~ese conveyances_ The Erpergency_7emporary Discharge.
shall be operated to reduce or not cause adverse flooding or harm to public safety, health, weliara, or tf~e property of others. T1~is discharge sha11 not cause adverse scouring to and excessive sedimentation of Bishop Harbor.
15. The Facility shelf provide a status report, at least once every 24 hours. during the effective aeriod of this Emergency_Final Order that shaA include, at a minimum.___ the following information: 1) Number, location, capacity, and types of pumps operating for emergency purposes within the System; 2) Condition of the System containment including the south wall of the OGS-S compartrnent and the OGS-S south stormwater ditch; 3) Location, canditiQn and number of boils detected; 4) Any other adverse condition within the System; 5) Response actions taken since the fast status report; fi) Planned response actions for the Upcoming period; ~ Estimated flow rates or ranges for the Emergency Temporary Discharge; and 8) Representative water quality data including turgidity, pH, and specific conductance, as measured for the Emergency Temporary Dischan~e_
76. The Facility shall submit information required herein to the DeparfrnenYs Bureau of Mining and Minerals Regulation by elecVonic mail, or as otherw~e directed, to the Tallahassee and Tampa area offices.
17. After the Emergency Temporary Qischarge has ceased, the Facility shall inspect the System and downstream conveyances to ensure no adverse impacts have occurred, or to propose any necessary corrective measures in the event of adverse impacts to public safety, health, welfare, or the property of others. If corrective measures are needed for any adverse impac#s, the Facility shall submit a detailed plan to correct
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18. This E~nerger~cy F~af OrdeF shad take effect im tely ~rpart ~tectfic~rr by tf~e SeExeia~ a# ~e Depar~er~f or an at~ttao~cY des~gr~ee. aril-s~aA e~ire o~.h~ne 30,
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Pursuant t~ 5ec~iocr ~~fl; ~r~} of the Florida Si~tutas, aril PAY aciversefq sff+acf~d fiy-this t?rx~er has {tte tlgtrt fo 'seek an in}unctiori of tt~fs t?rrler fn ciri+.t~t curt or judicial r+ewew t~fi ~ ex~der 5e~io~ ~2a.~8 ~ tie ~'#oeda Stat~.~#ss. d~idal rg~iew rr~~ be soc~gftit by f~ir~g a oaf appeat ur~cieF Rite 9:14 3 c►€ the ~i~fa f~~ties t~ Appellaae Pte, uvith ttte Clerk b~ tt~ De~ar~Me~f itt the Qf~ne of t CounseF, Mail Sta~otr ~5, 396f3 onwea~ Boule~arr~, ~'allahassee, Florida 3~3~ 30()D, and~y tag a txi[~y o~~e Notice v~appeal accnr~tpar►ied ~y~ie=appC~ca~1e filing -fees wrt~ ~e appropri22e-dis~ct cou~f of a~pe~t. 7~ notice of a~at rrulst be filed within t~ir~ty days after this Ordef is ~4ed wig tk~ t~r1c o€ the ~3~.
E~ONE AND ORDERED} oar ~ ~~ day of May. 20~~ ~ i~ ~a$a~~e, Ebor~da.
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FLQRIDA DEPaKTMEAFT ElF ENV! I~TR~. PROTECTTf)N
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39U0 ~or~noti~e+ea~h Boulevard Taifahassee. flori~a 32398~Ofl0
