The Mosaic Fertilizer Company, LLC and the EPA have reached a “Consent Agreement” in the wake of alleged federal environmental violations practiced by Florida’s phosphate industry. EPA officials are trying to do their job, while political pressures stifle environmental laws.
(1)The United States Environmental Protection Agency (EPA), Florida phosphate industry officials, and Florida's elected officials have come to a legally binding "Consent Agreement" (agreement) and "Final Order" (CARO). The agreement was written in the wake of EPA officials continued effort to bring justice ultimately to the Florida taxpayer. EPA Region 4, Atlanta Federal Center is located in Atlanta, GA.
The nature of the action taken against Mosaic Fertilizer LLC (Mosaic), is a civil enforcement action brought by the EPA addressing the alleged violation of the Resource Conservation and Recovery Act, (1) based on strip mining operations in the central Florida area. Specifically, for alleged policy practices by Mosaic for disposal of reverse osmosis reject into a phosphogypsum stack system. This agreement is the product of almost seven years in the making. During the last seven years, Florida's phosphate industry basically stalled the legal process until an advantage in their favor was realized. It is clear to see, Florida's taxpayers will not be repaid fully and Mosaic will not be forced to pay for their fair share of financial responsibility.
In a letter dated March 2009, Senior Environmental and Corporate Counsel, Mr. James K. Voyles for Mosaic Fertilizer, LLC, Mulberry, FL, (1) received notice of the actions taken against The Mosaic Company by the EPA. The following paragraph explains what each party is to expect concerning the terms of the "Consent Agreement." It appears to be saying the EPA will not require admission of guilt on any formal action against Mosaic and Mosaic will agree to the Consent Agreement terms as more of a "settlement" agreement.
"Complainant (EPA) and Respondent (Mosaic) have conferred for the purpose of settlement
pursuant to 40 C.F.R. 5 22.18, and desire to settle this action. Accordingly,
before any testimony has been taken upon the pleadings and without any
admission of violation or adjudication of any issue of fact or law, and in
accordance with 40 C.F.R. 5 22.13(b), Complainant and Respondent have agreed
to the execution of this CAFO. Respondent hereby agrees to comply with the
terms of this CAFO." (1)
The paragraph reads like an apology instead of a punishment. It is plain to see, the language used in the above paragraph shows no "real" punishment. Once one reads the "agreement", one can make up their own mind. The entire "Consent Agreement" at the URL is mentioned below.
The Consent Agreement "permits" Mosaic to deny any and all charges, refuse testimony, be cleared of relative violations pending and have "no further responsibility" for the devastation to the Central Florida's landscape. The advantage of the agreement to Florida's phosphate industry is seen here. Case in point, if one remembers, a phosphate plant in central Florida involving a catastrophic sinkhole forming inside a phosphogypsum stack. The tax payer money involved to mitigate the damage was estimated by EPA industry analysts to be around eleven billion dollars (2). For $11 Billion, Florida can have one phosphogypsum stack removed. Unfortunately, Florida is home to almost two dozen growing phosphogypsum stacks. Here one can see the phosphate industry's point of view. Meaning, if Florida wants those phosphogysum satcks neutrilized, then Florida tax payers will pay for it or it will not happen.
The agreement also allows the state of Florida to champion radioactive hazardous waste containment (watch dog) programs instead of the EPA program requirements enforced by federal law. This issue was already conceded after a ten year legal battle with Florida's phosphate industry and Florida's elected officials. The end result is Florida's Department of Environmental Protection (FDEP) will be responsible for the enforcement of federal environmental laws. The FDEP has already reported publicly, they (FDEP) get overruled by Florida's elected officials and kept from doing their job concerning previous severe phosphate industry violations. This may be an exercise in futility because the "fox is guarding the hen house". Florida's elected officials, historically, have turned a deaf ear to the Florida phosphate industry's "alleged" severe environmental policy violations.
The agreement begins with the closure of the mining facilities in Bartow, Florida. The plant name is Green Bay Facilities. The agreement goes on to allege that Mosaic knowingly violated federal code based on Mosaics wastewater treatment practices in the Green Bay facility.
Based on the agreement, the phosphogypsum stack in Bartow, FL is to be closed, and remedial action is required to maintain the stack. The EPA or the phosphate officials do not know what to do with the mountainous phosphogypsum stack, so they (Mosaic) must try to maintain the stack in place. This is because phosphogypsum is a radioactive waste product and cannot be disposed of legally in any manner. The Green Bay phosphogypsum stack will haunt Floridians for generations to come.
The agreement also states, the phosphogypsum stack in Mulberry, FL is to be closed as well. There is to be no more waste transferred from the Bartow facility to the Mulberry facility, based on the agreement. The phosphogypsum stack in Mulberry is just as deadly to the environment as the Bartow "gypstack". Here again, federal officials and state officials do not know what to do with the phosphogypsum waste. The Mulberry phosphogypsum stack will also be here for future generations of Floridians to pay for with their tax dollars and their health.
What The Consent Agreement Is Not Saying
What the Consent Agreement between the EPA and Mosaic does not say is very worrisome because Florida's taxpayers are not getting their "environmental" monies worth. Historically, Florida's phosphate industry creates severe environmental impacts to Florida's landscape, daily. The Florida taxpayer then is forced to pay for the cleanup until litigation is complete. I see no mention of the billions of taxpayer dollars being repaid for previous industry accidents and loss of ecosystems unique in the world, only to Florida.
Also troubling, there is no mention of proof of financial responsibility to mitigate for future catastrophes. Once again, our elected officials bow to corporate pressures, partly because of overrunning budgets, but mostly because of political pressure being applied to stifle the existing environmental laws of this country and the state of Florida.
The agreement between the EPA (Federal Government) and Mosaic seems to begin placing blame where it belongs, In this case, Mosaic LLC. However, the phosphate industry, as a whole is untouched by the agreement. In the future, one will continue to see the same phosphate industry practices mentioned above if history is one's guide. The Florida taxpayer must speak to their elected officials if they want the issue to remain in the public eye. Otherwise, the phosphate industry will fall from media view and be forgotten. The next environmental catastrophe is looming directly in the path of central Florida's phosphate industry.
Reference
Florida Phosphate Mining And The Public Trust Doctrine
Florida’s elected officials may be overlooking navigable waterways and riparian lands laws. Elected officials may be permitting Florida’s phosphate industry to strip mine large tracts of public land. These large tracts of land hold public waterways and lands based on Florida’s Public Trust Doctrine.
Florida Sinkholes Created By Phosphate Mining
Sinkholes are known to occur inside phosphogypsum stacks due to the added weight created by the “stack”. The stacks are also radioactive creating environmental hazards in and around all phosphate facilities. The stacks hold billions of gallons of toxic radioactive waste and historically are susceptible to failing, creating severe environmental impacts to properties adjacent to mining facilities.
Florida Phosphate Industry Practices Severely Disturb Navigable Waterways?
Florida, also known as the “Sunshine State” receives tremendous amounts of rain year after year. Unfortunately, Florida’s phosphate industry wastes enough freshwater to create severe water shortages yearly in the Tampa Bay area since 1992.
