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Coronet Injunction In Limbo


Published: Feb 9, 2005

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PLANT CITY - Saying she has ``a little light reading to do,'' Circuit Judge Vivian Maye delayed a decision Tuesday on whether to lift an injunction that prevents Coronet Industries from removing contaminated soil and water from the shuttered phosphate processing plant.

Lawyers for Coronet presented the judge hundreds of documents, including an affidavit from a state regulator suggesting the company needs ``flexibility'' in dealing with its environmental challenges.

William Kutash, waste program administrator for the Florida Department of Environmental Protection's Southwest District, said in a sworn statement that ``it is in the public interest that Coronet maintain the flexibility to conduct certain ... activities at the site in a timely manner.''

DEP spokeswoman Merritt Mitchell said Kutash issued the statement in response to a potential subpoena.

``Yes, this is an unusual thing that we have done,'' she said, adding that the injunction, as written, could interfere with the company's ability to comply with future orders to protect human health and safety through steps such as the emergency discharge of wastewater during heavy rains.

Lawyers representing neighbors suing Coronet note that the pond levels have been reduced to puddles and that they have asked only that the disposal of material cease until they can access the plant to test for contaminants that might have made their clients sick.

``Without this injunction, Coronet would be free to do what they wanted out there,'' said Jim Ross, lead attorney for the plaintiffs. ``This does serve a public interest.''

The injunction was granted Jan. 27 after the plaintiffs' attorneys accused the company of disposing of evidence, contaminated soil and wastewater, before it could be tested by their experts.

Among the key allegations:

* Soil and sediment near Pond 6 was being excavated and placed into a trash bin and dump truck.

* Contaminated wastewater from Pond 6 was discharging into a local creek via a culvert on Lexie Lane.

The company denies the water comes from Coronet, citing a Feb. 3 DEP report that concludes the water gushing beneath Lexie Lane was stormwater, possibly irrigation runoff, from a county ditch.

A consultant hired by the plaintiffs testified the county ditch was dry, as noted in the DEP report, and that Coronet was the only possible source.

The DEP report, said Judge Maye, contains inconsistencies.

As for the excavation, Coronet produced affidavits from CEO David Denner describing tests being conducted on pond sediments, a project designed to explore strategies for final closure of the plant site.

The injunction, said Coronet attorney Weinstein, ``has stopped cold in its tracks three environmentally responsible projects.''

Weinstein argued that the injunction should be dissolved because it was secured with ``no clear proof beyond a reasonable doubt'' supporting the allegations.

Ross produced a former Coronet maintenance manager who testified that he routinely was instructed to dispose of hazardous material in Pond 6, where the excavation was taking place.

Coronet's current maintenance manager, hired in March when the plant ceased operations, testified that none of the excavated soil left the 950-acre property.

``Our concern is they might be moving that material somewhere else on site,'' Ross said, noting that it would be difficult to find and test.

Reporter Jan Hollingsworth can be reached at (813) 754-3765.



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