MANATEE COUNTY, Fla. — The now-bankrupt company that managed the Piney Point phosphate plant during the massive 2021 leak is now on the hook for nearly $850,000 in damages following a lawsuit. The incident has been described as one of the area's biggest and worst environmental disasters in recent memory. This week, a federal judge ruled that HRK Holdings, who managed and operated the phosphate plant, was liable for the massive pollution.
"It was very shocking because a lot of people that lived along the river or along that area, they had to be worried about all that water getting into their wells," Carol Huttinger, a Palmetto neighbor, said.
Over 15 days, more than 200 million gallons of untreated wastewater from the phosphate plant discharged into Tampa Bay resulting in a grave ecological disaster.
"What about all the animals that were destroyed out there? The fish that feed people, the turtles that go into the ground, we even had a whale that washed up on shore. That's demolishing everything that Florida stands for. We've got to be thinking ahead. We've got to be thinking of what's going better for this county," Huttinger said.
Following the spill's impact, local environmental groups joined together and sued HRK Holdings. The lawsuit accused the company of causing the red tide that resulted in 600 tons of dead fish and other marine life.
Along with being liable, the judge ruled that HRK Holdings violated the Clean Water Act by discharging pollutants into the bay without a lawful permit which the company didn't have for 20 years. The company has been ordered to pay around $847,000 in damages.
"This is sort of a warning to the folks in industries that might not quite understand not only the ecological value of a healthy Tampa Bay but the economic value. We're no longer prioritizing individual business gain and financial gain over the health of a Tampa Bay Estuary that supports so many jobs and lives," Justin Tramble with Tampa Bay Waterkeeper said.
Tramble spoke about the lessons from this experience and what the next steps should be.
"Florida needs to make sure that we doing our job holding these polluters accountable, making sure there are adequate permits and protections in place," he said.
The court also found “bad faith” on the part of HRK Holdings after their attorney was permitted to withdraw from the case. Despite several opportunities granted by the court, the company failed to secure substitute legal counsel and did not present any representation to at least three hearings before the court’s order.
The groups that are party to the lawsuit said if the state doesn't hold businesses accountable for pollution, environmentalists would galvanize grassroots support from the community and step in with legal enforcement to protect people and the environment.
"If they were able to pay, they need to pay the price. The corporation has got to take responsibility. They knew the problem before it happened and then they knew eventually that it might run over. They've got to take responsibility for the people that are around here, they got to protect us, but something should also be done about our county commissioners too. They should have been watching all this," Huttinger said.
With the company in bankruptcy, this payment will be in a queue in that process. As the company's remaining assets are liquidated, various debts including this restitution for the Piney Point spill will be satisfied.
The money though is not payable to any of the environmental groups. According to the Clean Water Act, it will go directly to the U.S. Treasury as a form of environmental restitution.