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The plan would permanently close four gypsum stacks formerly used to store toxic wastewater from the production of fertilizer.
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Defendants asked U.S. District Judge William Jung to dismiss the lawsuit, but several environmental agencies say the state and other defendants should be held liable.
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He will hear arguments over whether a lawsuit should be tossed that alleges “malfeasance” after about 215 million gallons of wastewater were discharged from the site into Tampa Bay last year.
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They say the leaks are producing about three gallons of water a minute, but are contained.
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The go-ahead has been given to injecting polluted water from the troubled Piney Point phosphate plant in Manatee County deep under the drinking water aquifer.
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Attorneys for DeSantis and the Florida Department of Environmental Protection say the lawsuit is moot since the state is already working to resolve the problems at the former phosphate plant.
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Environmental officials say that is the best solution to getting rid of the water as critics say they are downplaying the threat of underground contamination.
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The permit will allow up to 4 million gallons a day of wastewater from the Piney Point facility to be injected nearly 2,000 feet below the surface.
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They intend to prevent the injection of hundreds of millions of gallons of polluted wastewater from the Piney Point phosphate plant into the underground aquifer.
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An emergency order issued in April by Florida's Department of Environmental Protection expired this week.
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Piney Point's owner is among the targets of the lawsuit, which seeks a full cleanup and closure of the former phosphate plant.
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One commissioner said the well is a better option than having millions more gallons of wastewater dumped into Tampa Bay.