PINEY POINT: Closure, lawsuit continue

FROM PAGE 4

DISASTER STRIKES, LAWSUIT FOLLOWS

On March 25, 2021, HRK notified FDEP of a leak in its onsite collection system. FDEP authorized the emergency discharge of 215 million gallons of wastewater from the former phosphate plant into Tampa Bay to maintain the integrity of the gypsum stack waste storage system and avoid a potential flood. The discharge prompted a severe red tide outbreak in local waters.

On Aug. 5, 2021, FDEP filed a complaint in the 12th Judicial Circuit Court in Manatee County initiating an enforcement action against HRK Holdings LLC.

FDEP requested a judgment against HRK of $50,000 a day in civil penalties for each day that it failed to remove process water at Piney Point, and $15,000 per day for failure to provide FDEP with financial assurance. The total maximum penalties for all of HRK’s violations total $119,745,000, according to the complaint.

“This action enforces compliance with the state’s environmental laws and all of HRK’s existing authorizations, orders and agreements with the Department. The Department is seeking the maximum allowable penalties and recovery of costs and damages under existing laws and regulations,” according to FDEP.

The case was dismissed for lack of prosecution in 2022 and reinstated this year.

On Jan. 3, 2023, FDEP filed a motion for a default final judgment against HRK, claiming in part that HRK failed to remove contaminated groundwater from Feb. 15, 2019 to May 15, 2022, “as required by Administrative Consent Order,” and also claiming that HRK failed to meet groundwater standards on 18 separate occasions, equating to $270,000 in penalties.

The case remains open.

Beach Beat

Bradenton Beach

8/4, 1:06 a.m., recovered stolen vehicle, 100 First St. N. The officer noticed a Kia parked alone in a public lot. A check of the registration revealed the vehicle was a stolen rental car from Bradenton. The car was towed from the scene and the case turned over to the Bradenton Police Department.

8/8, 4:15 p.m., burglary of a vehicle, 1900 Gulf Drive S. The officer was dispatched in reference to wallets stolen from vehicles. The victim said he and his friend came to the beach with family, arriving at 1 p.m. He said they came back at 3 p.m. and found both victims’ wallets had been taken from their vehicles. Both victims said their wallets contained around $100 cash, credit cards and driver’s licenses, and both reported fraudulent charges made in Chilean pesos that were almost $800 each. Although the vehicles were locked, both were entered without damage by an unknown means. Police do not have a suspect.

Holmes Beach

8/2, 10:47 p.m., trespass warning, 5410 Marina Drive. The officer responded to DCoy Ducks bar in reference to a patron who was refusing to leave. Upon arrival, he met with the bartender, who pointed out the female subject who appeared to be intoxicated. She was trespassed at the request of the bartender.

8/5, 1:02 p.m., found firearm, 5009 Second Ave. The officer was dispatched to a vacation rental where the housekeeper showed the officer the location of a gun in a nightstand in one of the bedrooms. The officer found a loaded Glock 17 pistol with 17 bullets in the magazine. The gun was legally registered and the owner was contacted and told how he could recover the firearm.