Florida has sued the Piney Point fertilizer plant for failure to maintain the complex.
The lawsuit claims that HRK failed to control contents of the plant and there was a discharge of about 215 million gallons of process water and seawater leaked from the area between March 30 and April 9.
In June of 2012, HRK Holdings, which owns the plant, filed for bankruptcy, according to the lawsuit.
"We have the emergency of Piney Point, which, according to the EPA's complaint, presents an imminent hazard to the environment and to nearby communities," Jaclyn Lopez of the Center for Biological Diversity said to the Florida Record.
The facility consists of a 466-acre phosphogypsum stack system including two lined reservoir compartments on the New Gypstack area at the site, one to the north and the other to the south, according to the lawsuit.
Two additional lined reservoir compartments are constructed on top of the Old Gypstack area, including one to the north and the other to the south, according to the lawsuit.
Currently, these contain a mixture of phosphogypsum process water with mixed seawater as well as settled dredged materials transferred to the facility by the Manatee County Port Authority.
Lopez said that Piney Point needs to be shut down but it needs to be done a certain way in order to keep the area community safe.
"The injunctive relief that it seeks, including appointing a receiver, makes good sense," Lopez said. "We want someone, an independent third body to be there, closing down Piney Point with oversight from the parties, including the parties that are part of our federal litigation."
Neither HRK Holdings or the Florida DEP responded to the Florida Record's requests for comment.
"Big picture issue for Florida is what is the EPA going to do differently moving forward to ensure that communities and the environment are protected from failures," Lopez said.