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CERTIFIED MAIL

RETURN RECEIPT REQUESTED

In the matter of an 

Application for Permit by: 

CARGILL FERTILIZER, INC. Permit No.: FL0037958 [Major] 

5880 Manley Road FDEP FILE NO.: FL0037958-007 

Fort Meade, Florida 33841 FACILITY: South Fort Meade Mine 

 County: Polk 

Attn.: Mr. E. Ozzie Morris 

 Senior Vice President 

NOTICE OF PERMIT 

 Enclosed is Revised Permit Number FL0037958 [FDEP File Number FL0037958-007] for 

the above referenced facility. This permit document is issued for the facility referenced above 

under Sections 403.061(14), 403.087 and 403.088 of the Florida Statutes. 

 Any party to this order (permit) has the right to seek judicial review of the permit under 

Section 120.68, Florida Statutes, by the filing of a Notice of Appeal under Rules 9.110 and 

9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department of Environmental 

Protection, Office of General Counsel, Mail Station 35, 3900 Commonwealth Boulevard, 

Tallahassee, Florida 32399-3000 and by filing a copy of the notice of appeal accompanied by the 

applicable filing fees with the appropriate district court of appeal. The notice of appeal must be 

filed within thirty days after this notice is filed with the clerk of the Department. 

Executed in Tallahassee, Florida. 

STATE OF FLORIDA DEPARTMENT 

OF ENVIRONMENTAL PROTECTION 

___________________________________ 

Sam S. Zamani, P.E. 

Administrator 

Phosphate Management 
Cargill Fertilizer, Inc. Permit No. FL0037958 

South Fort Meade Mine FDEP File No. FL0037958-007 

Notice of Permit Page 2 of 2 

FILING AND ACKNOWLEDGMENT 

 FILED, on this date, under Section 120.52, Florida Statutes, with the designated deputy 

clerk, receipt of which is hereby acknowledged. 

 ____________________________________ 

 [Clerk] [Date] 

CERTIFICATE OF SERVICE 

 The undersigned hereby certifies that this NOTICE OF PERMIT and all copies were mailed 

before the close of business on _____________________________ to the listed persons. 

_____________________________ _____________________________ 

[Name] [Date] 

Copies furnished to: 

Elsa A. Potts, P.E., FDEP-WM/TLH 

John A. Coates, P.E., FDEP-WPMS/TLH 

Michael J. DeNeve, Cargill Fertilizer 
PHOSPHATE MANAGEMENT FACILITY PERMIT

PERMITTEE: PERMIT NO.: FL0037958 [Major]

CARGILL FERTILIZER, INC. FDEP File No.: FL0037958-005 

5880 Manley Rd. Permit Renewal Date: March 15, 2000 

Ft. Meade, FL 33841 Permit Modification Date: 

Permit Expiration Date: March 14, 2005 

Permit Modification Writer: George W. Sharrock 

RESPONSIBLE AUTHORITY:

Mr. E. O. Morris 

Senior Vice President 

FACILITY:

Cargill Fertilizer, Inc 

South Fort Meade Mine 

Polk County 

Latitude: 27° 39' 59" N Longitude: 81° 45' 32" W 

This permit is issued under the provisions of Chapter 403, Florida Statutes, applicable rules of the Florida 

Administrative Code and constitutes authorization to discharge to waters of the State under the National 

Pollutant Discharge Elimination System. The above-named permittee is hereby authorized to operate the 

facilities shown on the application and other documents attached hereto or on file with the Department 

and made a part hereof and specifically described as follows: 

WASTEWATER TREATMENT AND EFFLUENT DISPOSAL: 

Cargill Fertilizer, Inc.’s South Fort Meade Mine operations include phosphate mining and beneficiation 

facilities, phosphatic clay settling areas, sand tailings disposal areas and a mine water recirculation 

system. The activities include the mining and washing of phosphate ore. The mined ore is slurried into a 

pit and pumped to the beneficiation plant where the fine clays and sand are separated from the phosphate 

rock (product) by washing, screening and double flotation. The generated wet phosphate rock is 

transported to another location for further processing. The separated clays are pumped to settling areas 

(see TABLE 2). Sand tailings are pumped as a slurry to mined areas for use as reclamation fill or is 

stored above grade for later use in reclamation. The monitoring requirements for ground water discharges 

from sand tailings areas are also covered under this permit. On September 13, 2002, a request for 

modification of this permit was received for the construction and subsequent operation of a new 900-acre 

waste clay settling area designated as SFM-5. Construction will include approximately 22,300 linear feet 

of earthen containment dams with a minimum crest elevation of 165 feet NGVD. The north wall of SFM5 will be a common dam wall shared with the existing CSA SFM-3. Decanted water from the clay 

settling areas is returned to the beneficiation plant for reuse and discharged, as necessary, through a 9.3-

acre stilling basin to Outfall 001 (see TABLE 1) as authorized by this permit. 
CARGILL FERTILIZER, INC. Permit No. FL0037958 

South Fort Meade Mine FDEP File No. FL0037958-007 

Wastewater Permit Page 2 of 24 

The current permit authorizes: 

1) operation of a phosphate mine, beneficiation processing plant, product storage and shipping 

facilities, and three waste clay settling areas (CSAs) SFM-1, SFM-2, SFM-3 and SFM-4. 

2) construction and subsequent operation, after receipt of Department approval per Part VII.B.4. 

below, of a CSA designated SFM-5. 

The proposed CSA SFM-5 will receive clay slurry via a pressurized pipeline into the southwest corner, 

and water will flow around an north-south trending diversion dike located in the approximate middle of 

the proposed settling area. An above grade return hydraulic ditch will be located along the east wall of 

the settling area and will be connected to the existing return hydraulic ditch system located immediately 

east of the project site. Three adjustable-weir decant spillway structures (located along the east wall of 

the settling area) will discharge clarified water into the above grade return hydraulic ditch system. The 

water return ditch will bring decanted water back to the beneficiation plant where it is then recycled or 

discharged (via the spillway basin and Outfall 001). 

A wash area for heavy earthmoving equipment (such as bulldozers and scrapers) has been constructed onsite. The wash facility generates approximately 250 GPM of wastewater and operates an average of two 

hours per day, five days per week. No cleaning agents or detergents are utilized at this facility. Instead, 

steam and high-pressure water are used. The source of the wash water is the plant reservoir. The effluent 

is pre-treated via an oil/water separator and a biological reactor prior to discharge into the recirculation 

system. 

A sand tailings area is provided for reclamation purposes. The return water ditch conducts treated 

wastewater from the clay settling areas and sand tailing storage area to the plant reservoir for discharge or 

reuse. 

This wastewater permit addresses the ground water permitting and monitoring requirements for this 

facility, pursuant to Florida Administrative Code Rule 62-522. Monitoring of ground waters is included 

to determine any impacts caused by the clay settling areas or the sand tailings storage area. 

NOTE: This permit replaces and supercedes in entirety all wastewater permits and modifications, which 

were previously issued by the Department’s Phosphate Management program for this facility. 

IN ACCORDANCE WITH: The limitations, monitoring requirements and other conditions set forth in 

Part I, Part II, Part III, Part IV, Part V, Part VI, Part VII and Part VIII of this permit. 

I. Effluent Limitations and Monitoring Requirements:

Outfall 001 discharges mine recirculation water and stormwater into an unnamed swale that empties into 

the Peace River. 

TABLE 1

OUTFALL NO. LATITUDE LONGITUDE CLASS

001 27° 39’ 27” N 81° 41’ 48” W III 

A. Surface Water Discharge:

1. During the period beginning on the effective date and lasting through the expiration date of this 

permit, the permittee is authorized to discharge from Outfall 001 (see Attachment A). Such 

discharges shall be monitored by the permittee as specified below. If there is no discharge from the 

facility on a day scheduled for sampling, the sample shall be collected on the day of the next 

discharge. 

Parameters (units) Discharge Limitations Monitoring Requirements 
CARGILL FERTILIZER, INC. Permit No. FL0037958 

South Fort Meade Mine FDEP File No. FL0037958-007 

Wastewater Permit Page 3 of 24 

Daily 

Minimum 

Monthly 

Average 

Daily 

Maximum 

Sampling 

Frequency 

Sample 

Type 

Flow (MGD) N/A Report Report Continuous Recorder 

Total Non-filterable Residue (TSS) 

(mg/l) 

N/A 30.0 60.0 1/Week Grab 

Total Non-volatile, Non-filterable 

Residue (FS) (mg/l) 

N/A 12.0 25.0 1/Week Grab 

Total Phosphorus (as P) * (mg/l) N/A 3.0 5.0 1/Week Grab 

Total Phosphorus (as P) (lbs./day) 

[See Part I.A.3. below] 

N/A Report Report 1/Week Calculation 

pH (standard units) 6.0 Report 8.5 1/Week Grab 

Specific Conductance (μmhos/cm) N/A Report See I.A.5. 1/Week Grab 

Dissolved Oxygen (mg/l) 5.0 N/A N/A 1/Month Grab 

Temperature (°F) N/A N/A Report 1/Month Grab 

Total Nitrogen (as N) (mg/l) N/A N/A 5.0** 1/Month Grab 

Total Nitrogen (as N) (lbs./day) 

[See Part I.A.3. below] 

N/A N/A Report 1/Month Calculation 

Total Nitrogen [as N] (lbs./year) N/A N/A 45,040** 1/Year Calculation 

Fluorides (mg/l) N/A N/A 10.0 1/Quarter Grab 

Total Sulfates (mg/l) N/A N/A Report 1/Quarter Grab 

Chlorophyll-a (μg/l) N/A N/A Report 1/Quarter Grab 

Gross Alpha Particle Activity   

(pCi/l) 

N/A N/A 15 Semi-Annually Grab 

Combined Radium 226 & 228 ** * 

(pCi/l) 

N/A N/A 5.0 Semi-Annually Grab 

Whole Effluent Toxicity See I.A.2. 

* Total phosphorus shall be for monitoring and reporting only, except: if monitoring data shows 

total phosphorus levels exceed 3.0 mg/l monthly average for more than one 30-day period per 

calendar year, the permittee, upon written notification by the Department, shall prepare and file 

within 120 days (unless the time is extended by the Department) a study consisting of the 

following: 

(1) a chronology of at least one year’s discharge data; 

(2) an assessment of the cause and origin of the phosphorus constituent of the discharge; 

(3) a description of the discharger’s current maintenance operation and management practices 

directly related to the control of phosphorus; 

(4) an evaluation of the environmental significance of the phosphorus levels; and 

(5) an identity of reasonable methods to abate, to the extent practicable, the influx of phosphorus 

into the discharge. 

 Upon receipt of the report, the Department shall require the applicant to publish a public notice in 

a newspaper of general circulation in the affected area which states that the report was received 

and where it is available for public inspection. The Department shall evaluate the report and may 

amend the discharger’s permit to reflect additional requirements (subject to administrative and 

judicial review), including the implementation of cost-effective management practices or 

technological advances which reduce or eliminate the phosphorus in the discharge to the 

maximum extent practicable. 

** Total nitrogen target values (goals) which shall be for monitoring and reporting purposes only. 

[See Part I.A.9. on page 5 of 26] 

*** During the semi-annual sampling event performed in accordance with the monitoring 

requirements of Part I.A.1. above, a properly preserved sample must be taken for the 
CARGILL FERTILIZER, INC. Permit No. FL0037958 

South Fort Meade Mine FDEP File No. FL0037958-007 

Wastewater Permit Page 4 of 24 

determination of Gross Alpha Particle Activity as well as Combined Radium (Ra 226 & 228). 

The sample must be first analyzed for Gross Alpha Particle Activity. If the total value of the 

Gross Alpha Particle Activity exceeds the MCL of 15 pCi/l, the Combined Radium (Ra 226 & 

228) sample shall be analyzed and reported. 

**** This parameter represents the Gross Alpha Particle Activity including Radium 226, but excluding 

Radon and Uranium. [Section 62-302.530(58)(b) F.A.C.] 

2. In order to provide the Department with reasonable assurance that the discharge from Outfall 001 

does not violate the acute toxicity requirements of Section 62-302.500(d), F.A.C., the permittee shall 

perform the toxicity tests as specified below and submit the results to the Department. 

 The permittee shall initiate the series of tests described below, beginning in the first testing period 

following the effective date of this permit, to evaluate whole effluent toxicity of the discharge from 

Outfall 001. All test species, procedures, and quality assurance criteria used shall be in accordance 

with Methods for Measuring Acute Toxicity of Effluents to Freshwater and Marine Organisms, 

EPA/600/4-90/027F, or the most current edition. The control water and dilution water used will be 

moderately hard water as described in EPA/600/4-90/027F, Table 6, or the most current edition. A 

standard reference toxicant (SRT) quality assurance (QA) acute toxicity test shall be conducted 

concurrently or no greater than 30 days before the date of the “routine” test, with each species used in 

the toxicity tests. The results of all toxicity tests shall be submitted with the discharge monitoring 

report (DMR). Any deviation of the bioassay procedures outlined herein shall be submitted in writing 

to the Department for review and approval prior to use. 

a. (1) The permittee shall conduct 96-hour acute static renewal toxicity tests using the daphnid, 

Ceriodaphnia dubia, and the bannerfin shiner, Cyprinella leedsi. All tests will be 

conducted on single grab samples of 100% whole effluent and on a control. 

 (2) If control mortality exceeds 10% for either species in any test, the test(s) for that species 

(including the control) shall be repeated. A test will be considered valid only if control 

mortality does not exceed 10% for either species. If, in any separate grab sample test, 100% 

mortality occurs prior to the end of the test, and control mortality is less than 10% at that 

time, that test (including the control) shall be terminated with the conclusion that the sample 

demonstrates unacceptable acute toxicity. 

b. (1) The toxicity tests specified above shall be conducted once during the months of December, 

January and February, and again during the months of July, August and September, but not to 

exceed two tests per year. Samples shall be collected only during actual discharge events. 

These tests are referred to as “routine” tests. The permittee shall monitor the toxicity, as 

described above, for the life of this permit. 

 (2) All “routine” tests shall be conducted using a control (0% effluent) and a test concentration of 

100% final effluent 

 (3) Results from “routine” tests shall be reported according to EPA/600/4-90/027F, Section 12, 

Report Preparation (or the most current edition), and shall be submitted to the address listed 

in Part I.B.3. 

c. (1) If unacceptable acute toxicity (greater than 20% mortality of either test species in any grab 

sample test) is found in a “routine” test, the permittee shall conduct three additional tests on 

each species indicating unacceptable toxicity. The first additional test will include four grab 

samples taken over a 24-hour period (6-hr intervals) and run as four separate definitive 

analyses. The second and third additional definitive tests will be run on a single grab sample 

collected on the day and time when the greatest toxicity was identified in the first additional 

definitive test. Results for each additional test will include the determination of LC50 values 

with 95% confidence limits. 

 (2) The first additional test shall be conducted using a control (0% effluent) and a minimum of 

five dilutions: 100%, 50%, 25%, 12.5% and 6.25% effluent. The dilution series may be 
CARGILL FERTILIZER, INC. Permit No. FL0037958 

South Fort Meade Mine FDEP File No. FL0037958-007 

Wastewater Permit Page 5 of 24 

modified in the second and third test to more accurately identify the toxicity, such that at least 

two dilutions above and two dilutions below the target toxicity and a control (0% effluent) 

are run. 

 (3) For each additional test, the sample collection requirements and the test acceptability criteria 

specified in Section 1 above must be met for the test to be considered valid. The first test 

shall begin within two weeks of the “routine” tests, and shall be conducted weekly thereafter 

until three additional, valid tests are completed. The additional tests will be used to 

determine if the toxicity found in the “routine” test is still present. 

 (4) Mortalities of greater than 50% in 100% effluent or an LC50 of less than 100% effluent in 

any additional definitive test will constitute a violation of these permit conditions, and Rule 

62-302.200(1), Rule 62-302.500(1)(d), and Rule 62-4.244(3)(a), F. A. C. 

 (5) Results from additional tests, required due to unacceptable acute toxicity in the “routine” 

tests, shall be submitted in a single report prepared according to EPA/600/4-90/027F, Section 

12, or the most current edition and submitted within 45 days of completion of the additional, 

valid tests. Upon completion of the third additional test, the permittee will schedule to meet 

with the Department within 30 days of the report submittal to identify the cause(s) and 

corrective actions (if applicable) necessary to remedy the unacceptable acute toxicity. 

 (6) If acute toxicity is found, chronic toxicity testing may be required. 

3. The reported nutrient loading for Nitrogen and Phosphorus in Part I.A.1. above are to be calculated 

using the daily flow recorded for the day on which the sample is taken. 

4. The discharge of nutrients shall be limited in accordance with Rule 62.302.530(48) a. and b, F.A.C. 

5. Specific Conductance shall not be increased more than 50% above background or to 1275 umhos/cm, 

whichever is greater. 

6. The permittee shall ensure that the water quality standards for Class III surface waters as defined in 

Sections 62-302.500, 62-302.510 and 62-302.530, F.A.C., are not violated at the points of discharge. 

7. There shall be no discharge of floating solids or visible foam in other than trace amounts. 

8. The discharge shall not cause a visible sheen on the receiving water. 

9. Until a Total Maximum Daily Load (TMDL) for total nitrogen is determined for this facility and this 

permit modified pursuant to Florida Administrative Code Rules 62-4.080 and 62-620.325, the 

permittee shall strive to achieve the target values (concentration and/or loading goals) for total 

nitrogen (as N), from Outfall 001 as listed in Part I.A.1. If a total nitrogen target value (concentration 

or load) is exceeded for any outfall authorized by this permit, the permittee shall notify the 

Department and within 7 days submit a written explanation for the exceedance. The permittee shall 

also describe all pollution prevention projects, implementation of BMPs, etc. and what follow-up 

action is necessary, if any, to provide reasonable assurance that the requirements of Florida 

Administrative Code Rule 62-302.530(48) [Nutrients] will be met. 

B. Other Limitations and Monitoring and Reporting Requirements:

1. Monitoring results obtained for each calendar month shall be summarized and reported on a 

Discharge Monitoring Report (DMR), Form 62-620.910(10), postmarked no later than the 28th day 

of the following month. For example, data for the month of January shall be submitted by February 

28. Signed copies of the DMR shall be submitted to the address specified below: 

Florida Department of Environmental Protection 

Wastewater Program Management Section, Mail Station 3551

Twin Towers Office Building 

2600 Blair Stone Road 
CARGILL FERTILIZER, INC. Permit No. FL0037958 

South Fort Meade Mine FDEP File No. FL0037958-007 

Wastewater Permit Page 6 of 24 

Tallahassee, Florida 32399-2400 

 If no discharge occurs during the reporting period, sampling requirements of this permit do not apply. 

The statement "No discharge" shall be written on the DMR form. If, during the term period of this 

permit, the facility ceases to discharge, the Department shall be notified immediately upon cessation 

of discharge. Such notification shall be in writing. 

 All DMR forms for toxicity must be submitted every month. If an analysis is not required by 

condition of this permit for that reporting period, “NODI=9” is to be entered in the space provided for 

that result. If an analysis is required by a condition of this permit for that reporting period and there 

is no discharge, “NODI=C” is to be entered in the space provided for that result. If an analysis is 

required by a condition of this permit for that reporting period and there is insufficient flow for 

sampling, “NODI=F” is to be entered in the space provided for that result. All analytical result 

reporting spaces/blanks on the DMR forms must be completed. 

2. The Department may impose a maximum discharge limit on these outfalls at a later date as 

determined by the Department or the Southwest Florida Water Management District (SWFWMD). 

The permittee shall submit monthly the following information for the determination of a maximum 

allowable discharge rate, as required by Rules 40D-4.053(1)(d) & (e), F.A.C. 

a. Sampling date. 

b. Daily discharge rate in cfs. 

c. Daily rainfall data in inches. 

d. Dates for the period in which reported rainfall occurred if not a 24-hour period. 

 All correspondence and information required under this specific condition shall be forwarded to the 

Southwest Florida Water Management District, Tampa Sub-District Office, 7601 U.S. Highway 301 

North, Tampa, Florida 33637, and the Wetlands Management Section of the Department’s Southwest 

District Office. 

3. Unless specified otherwise in this permit, all other reports and notifications required by this permit, 

including twenty-four hour notifications, shall be submitted to or reported to, as appropriate, the 

Southwest District Office of the Department at the address specified below: 

Florida Department of Environmental Protection 

Bureau of Mine Reclamation 

Phosphate Management 

8407 Laurel Fair Circle 

Tampa, FL 33610-7355 

Ph: 813/744-6100, ext. 138 

Fax: 813/744-6457 (All FAX copies shall be followed by original copies.) 

4. The permittee shall provide safe access points for obtaining representative samples, which are 

required by this permit. 

5. The permittee shall ensure that all laboratory analytical data submitted to the department as required 

by this permit is from a laboratory which has a currently valid and Department-approved 

Comprehensive Quality Assurance Plan (ComQAP) [or a ComQAP pending approval] for all 

parameters being reported as required by Chapter 62-160, Florida Administrative Code. 

II. Industrial Sludge Management Requirements: 

1. The permittee shall store waste phosphatic clays or sand/clay mixtures in impoundments (CSAs) per 

Rule 62-672, F.A.C. All Department approved impoundments are shown on Attachment H and 

listed in TABLE 2 below. 

TABLE 2
CARGILL FERTILIZER, INC. Permit No. FL0037958 

South Fort Meade Mine FDEP File No. FL0037958-007 

Wastewater Permit Page 7 of 24 

CSA 

DESIGNATION 

LOCATION SIZE MINIMUM 

DAM CREST 

HEIGHT 

MAXIMUM 

WATER 

ELEVATION 

CSA 

STATUS 

Latitude Longitude Acres Feet MSL Feet MSL 

SFM - 1 27° 39’ 35”N 81°42’ 36”W 780 170 165 Active 

SFM - 2 27° 40’ 50”N 81° 42’ 53”W 920 177 172 Active 

SFM - 3 27° 41’ 43” N 81° 46’ 05” W 488 177 172 Active 

SFM - 4 27° 41’ 45” N 81° 46’ 50” W 440 165 160 Active 

SFM - 5 27° 40’ 57” N 81° 46’ 14” W 900 165 160 Construction 

III. Groundwater Monitoring Requirements: 

1. During the period of operation authorized by this permit, the permittee shall sample ground water in 

accordance with this permit and the approved ground water monitoring plan prepared under Rule 62-

522.600, F.A.C. 

2. The following monitoring wells are included in the ground water monitoring plan. The location of 

the wells are shown on Attachments B, E, and G. [Section 62-522.600(6), F.A.C.] 

MONITOR WELLS

Well Name Latitude Longitude Aquifer 

Monitored 

Well Type New or 

Existing 

SA-18A 27° 41' 21.8" N 81° 42' 13.6" W Surficial Compliance Existing 

SA-16D 27° 40' 18.3" N 81° 42' 12.2" W Surficial Compliance Existing 

SA-16S 27° 40' 18.4" N 81° 42' 12.2" W Surficial Compliance Existing 

SA-19A 27° 40' 57.0" N 81° 45' 39.6" W Surficial Compliance Existing 

SA-20 27° 42' 11.4" N 81° 45' 14.8" W Surficial Intermediate Existing 

SA-21 27° 42' 42.1" N 81° 46' 03.7" W Surficial Compliance Existing 

3. The permittee shall not remove, abandon or relocate any monitor well prior to obtaining proper 

written approval from the Department. All monitor wells shall be clearly labeled and easily visible at 

all times. 

4. Water levels shall be recorded prior to evacuating the well for sample collection. Measurements, 

referenced to mean sea level, shall include the top of the well casing, depth to ground water, and the 

calculated ground water elevation at a precision of plus or minus 0.1 feet. 

 [Section 62-160.400, F.A.C.] 

5. Ground water monitor wells shall be evacuated or purged prior to sampling to obtain a representative 

sample. All sampling procedures shall be in accordance with the Department approved 

Comprehensive Quality Assurance Plan (ComQAP). [Section 62-160.400, F.A.C.] 

6. Analyses shall be conducted on un-filtered samples, unless filtered samples have been approved by 

the Department as being more representative of ground water conditions. 

 [Section 62-160.400, F.A.C.] 

7. If a monitor well becomes damaged or cannot be sampled for some reason, the permittee shall notify 

the Department with a written report within seven days detailing the circumstances and remedial 

measures taken or proposed. Replacement of monitor wells shall be approved in advance by the 

Department. [Section 62-620.610(7), F.A.C.] 
CARGILL FERTILIZER, INC. Permit No. FL0037958 

South Fort Meade Mine FDEP File No. FL0037958-007 

Wastewater Permit Page 8 of 24 

8. Ground water monitoring test results shall be submitted on the attached Department forms and shall 

be submitted in conjunction with the DMR in accordance with Part I.B.1. The data shall also be 

reported annually in electronic format on 3.5” floppy disks (1.44 MB) to the address in Part I.B.3. To 

facilitate processing of this data, a photocopy of these forms or an exact electronic replica, which has 

not been altered as to content or format, must be used for submission. The original copies of the 

forms should be retained on file so that the necessary information is available for future reports. 

[Section 62-620.610(18)(a), F.A.C.] 

9. Sixty (60) days prior to the submission of a renewal application for this permit, the permittee shall 

sample all ground water monitor wells for the Primary and Secondary Drinking Water parameters 

included in Chapter 62-550, Florida Administrative Code, Public Drinking Water Systems and EPA 

Methods 601 and 602. The specific parameters for the Primary (Section 62-550.310, F.A.C.) and 

Secondary (Section 62-550.320, F.A.C.) Drinking Water Standards listed in Part III, Quality 

Standards. The results of the analyses shall be reported to the Department immediately upon receipt 

by the permittee. 

10. The permittee shall prepare and submit to the Department’s Phosphate Management Program, within 

60 days of the effective date of this permit, a completed “Monitor Well Completion Report” 

(Attachment F) for a replacement compliance monitor well designated SA-18A. All deviations not 

previously reported to the Department by the permittee shall be described in detail and the reasons 

therefore enumerated. 

11. The permittee shall perform a one-time analyses of monitor well SA-18A for the following 

parameters (see TABLE 3) within 30 days of completion of construction and the analyses is to be 

submitted to the Department within four (4) months from the date of issuance of this permit. 

TABLE 3

Parameters (units) Monitoring Requirements 

Frequency Sample Type 

Water Level (MSL) 1 - Time Analysis In-situ [See Part III. 5. Below] 

Water Temperature (oC) 1 - Time Analysis In-situ 

pH (Standard Units) 1 - Time Analysis In-situ 

Turbidity (mg/l) 1 - Time Analysis In-situ 

Specific Conductance (umhos/cm) 1 - Time Analysis Grab 

Total Dissolved Solids (mg/l) 1 - Time Analysis Grab 

Chloride (mg/l) 1 - Time Analysis Grab 

Coliform Bacteria (# / 100) 1 - Time Analysis Grab 

Carbon Tetrachloride (mg/l) 1 - Time Analysis Grab 

Vinyl Chloride (mg/l) 1 - Time Analysis Grab 

1,1,1-Trichloroethane (mg/l) 1 - Time Analysis Grab 

Trichloroethylene (mg/l) 1 - Time Analysis Grab 

1,2-Dichloroethane (mg/l) 1 - Time Analysis Grab 

Benzene (mg/l) 1 - Time Analysis Grab 

Foaming Agents (mg/l) 1 - Time Analysis Grab 

Arsenic (mg/l) 1 - Time Analysis Grab 

Cadmium (mg/l) 1 - Time Analysis Grab 

Chromium (mg/l) 1 - Time Analysis Grab 

Copper (mg/l) 1 - Time Analysis Grab 

Lead (mg/l) 1 - Time Analysis Grab 

Mercury (mg/l) 1 - Time Analysis Grab 

Sodium (mg/l) 1 - Time Analysis Grab 
CARGILL FERTILIZER, INC. Permit No. FL0037958 

South Fort Meade Mine FDEP File No. FL0037958-007 

Wastewater Permit Page 9 of 24 

Parameters (units) Monitoring Requirements 

 Frequency Sample Type 

Fluoride (mg/l) 1 - Time Analysis Grab 

Manganese (mg/l) 1 - Time Analysis Grab 

Sulfate (mg/l) 1 - Time Analysis Grab 

Total Phosphorus (mg/l) 1 - Time Analysis Grab 

Gross Alpha Activity (pCi/l) 1 - Time Analysis Grab 

Combined Radium (Ra226+Ra228) (pCi/l) 1 - Time Analysis Grab 

12. All ground water monitor wells shall be sampled and analyzed quarterly for the following parameters 

(see TABLE 4). After the initial 4 quarters of analysis, Cargill will send a report summarizing the 

data, and a proposal for additional modification to the permit if the analytical results are less than the 

MCLs for all four quarters. Monitoring will continue if levels are above MCLs. However, additional 

sample(s), well(s), and parameter(s) may be required based upon subsequent analyses. The first set of 

analyses is to be submitted to the Department within three (3) months from the date of issuance of 

this permit. 

TABLE 4

Parameters (units) Monitoring Requirements 

EPA Method Sample Type 

Water Level ( Feet MSL) Tape In-situ 

Gross Alpha Particle Activity (pCi/l) Std. Method 703 Grab 

Total Radium (Ra226+Ra228)* (pCi/l) Std. Method 706 & 707 Grab 

 * Analyze for Total Radium only if Gross Alpha Particle Activity exceeds 15 pCi/l 

13. The permittee shall follow sampling procedures as specified in “Standard Operating Procedures and 

Quality Assurance Manual (U.S. Environmental Protection Agency, Surveillance and Analysis 

Division)” and “Supplement A to the Standard Operating Procedures and Quality Assurance Manual 

(Florida Department of Environmental Regulation - Tallahassee Solid Waste Section)”. 

14. The zone of discharge shall extend horizontally no more than 100 feet from the outer toe of the each 

ground water source (CSA dams and sand tailings storage area) or to the permittee's property line, 

whichever is less, and vertically to the base of the shallow water table aquifer according to Section 

62-522.410(2), F.A.C. 

15. The permittee shall ensure that the water quality standards for Class G-II groundwater are not 

exceeded at the boundary of the ground water zone of discharge according to Sections 62-520.420 

and 62-520.400, F.A.C. 

16. The permittee shall ensure that the minimum criteria for ground water specified in Section 62-

520.400, F.A.C., are not violated within or outside the ground water zone of discharge. 

IV. Other Land Application Requirements: 

1. During the period beginning on the effective date and lasting through the expiration date of this 

permit, the permittee shall sample and analyze the effluent from the sand tailings discharge annually 

for the compounds listed below (see TABLE 5). The sample shall be collected at the closest point 

possible to a sand tailings discharge pipe where a clear sample can be obtained. Such discharge into 

the sand tailings area shall be monitored by the permittee as specified below: 
CARGILL FERTILIZER, INC. Permit No. FL0037958 

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TABLE 5

Number Compound EPA Test 

Method 

Limit of 

Detection (μg/l) 

1. Acrolein 624/603 50 

2. Acrylonitrile 624/603 50 

3. Benzene 624 1 

4. Bromodichloromethane 624 5 

5. Bromoform 624 5 

6. Bromomethane 624 5 

7. Carbon Tetrachloride 624 3 

8. Chlorobenzene 624 5

9. Chloroethane 624 5 

10. 2-Chloroethylvinylether 624 5 

11. Chloroform 624 5 

12. Chloromethane 624 5 

13. Dibromochloromethane 624 5 

14. Dichlorodifluoromethane 624 5 

15. 1, 1-Dichloroethane 624 5 

16. 1, 2-Dichloroethane 624 3 

17. 1, 1-Dichloroethylene 624 5 

18. Trans-1,2-Dichloroethene 624 5 

19. 1, 2-Dichloropropane 624 5 

20. CIS-1,3 -Dichloropropene 624 5 

21. Trans-1,3 -Dichloropropene 624 5 

22. Ethylbenzene 624 5 

23. Methylene Chloride 624 5 

24. 1,1,2,2-Tetrachloroethane 624 5 

25. Tetrachloroethene 624 3 

26. 1,1,1-Trichloroethane 624 5 

27. 1,1,2-Trichloroethane 624 5 

28. Trichloroethene 624 3 

29. Trichlorofluoromethane 624 5 

30. Toluene 624 5 

31. Vinyl Chloride 624 1 

32. 1,2-Dibromoethane (EDB) DEP/GC/EC 0.02 

2. Should the analyses required under Part IV.1. above show one or more of the listed compounds above 

detection limits, the Department will determine the need for additions to the ground water monitoring 

plan detailed in Part III above. 

V. Operation and Maintenance Requirements: 

A. Operation of Treatment and Disposal Facilities

1. The permittee shall ensure that the operation of the pollution control facilities described in this permit 

shall be under the supervision of a person who is qualified by formal training and/or practical 

experience in the field of water pollution control. 

2. The permittee shall insure that the operation and maintenance of any clay settling area and its 

spillways is in strict accordance with the provisions of Chapter 62-672, F.A.C. 
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3. The permittee shall assure that all active and retired dams are inspected in accordance with Rule 62-672, 

F.A.C. 

4. The permittee shall ensure that vegetative cover adequate to inhibit wind and water erosion is 

established and maintained on all exposed dam surfaces. The permittee shall maintain such vegetation 

sufficiently low to permit visual inspection of the soil surfaces in the critical areas outlined in Section 

62-672.400, F.A.C. 

5. The permittee shall ensure that each active clay settling area specified in this permit will not be 

operated with a fluid level greater than the maximum design fluid level listed in Part II.1., TABLE 2. 

6. Any above natural grade earthen embankment and dam construction during reclamation which will be 

subject to more than five (5) feet of differential head and which, in the event of failure, could result in 

a release of wastewater onto adjacent property or into State waters shall be certified for safety and 

stability by an engineer registered in the State of Florida and experienced in the field of construction 

and maintenance of dams. A copy of the inspection report shall be furnished upon receipt by the 

permittee, to the Department for review. The permittee shall employ established best management 

practices for the review, operation, and any new construction of all non-Chapter 62-672, F.A.C. dams 

and impoundments. 

B. Record Keeping Requirements:

The permittee shall maintain the following records on the site of the permitted facility and make them 

available for inspection: 

1. Records of all compliance monitoring information, including all calibration and maintenance records 

and all original strip chart recordings for continuous monitoring instrumentation, including, if 

applicable, a copy of the laboratory certification showing the certification number of the laboratory, 

for at least three years from the date the sample or measurement was taken; 

2. Copies of all reports required by this permit other than those required in items 1. and 6. of this section 

for at least three years from the date the report was prepared unless otherwise specified by 

Department rule; 

3. Records of all data, including reports and documents, used to complete the application for the permit 

for at least three years from the date the application was filed, unless otherwise specified by 

Department rule; 

4. A copy of the current permit; 

5. A copy of any required record drawings; 

6. Copies of the logs and schedules showing plant operations and equipment maintenance for three years 

from the date on the logs or schedule 

VI. Compliance Schedules and Self-imposed Improvement Schedules: 

1. The permittee shall achieve compliance with the conditions of this permit in accordance with the 

following schedule: 

All permit conditions: Operational level shall be attained on the effective date of this permit 

2. The permittee shall notify the following organization(s) immediately upon discovery of an event such 

as a spill, or dam release, which creates a potential threat to the water quality of the Peace River. 
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Peace River/Manasota Regional Water Supply Authority 

8998 SW County Road 769 

Arcadia, Florida 34266

Phone: 863/993-4565

3. The permittee shall submit to the Department’s Phosphate Management Program within sixty (60) 

days from completion of construction of any Clay Settling Area (CSA), a completed “Notification of 

Completion of Construction” (Attachment C), the final dam construction package as required by 

Section 62-672.300(6)(a), F.A.C., and a set of “record” drawings, each signed and sealed by a 

Professional Engineer registered in the State of Florida. The “record drawings” shall show all 

construction details and any deviations from the approved pre-construction design. All deviations 

not previously reported to the Department shall be described in detail and the reasons therefore 

enumerated. 

VII. Other Specific Conditions: 

A. Specific Conditions Applicable to all Permits:

1. In accordance with Rule 62-620.325, F.A.C., this permit may be revised to comply with any newly 

adopted rules and regulations adopted by the Department, that are applicable to this facility. If such a 

revision occurs, the Department shall allow the permittee a reasonable amount of time to come into 

compliance with such conditions. 

2. There shall be no discharge of wastewater from this facility to State ground or surface waters, except 

as authorized by this permit. 

3. The permittee shall not allow any wastewater to deliberately bypass the existing pollution control 

facility without prior approval from the Department. Any bypass of the treatment facility or 

unauthorized discharge which is not included in the monitoring specified in Part I.A.1. is to be 

monitored for flow and all other required parameters. For parameters other than flow, at least one 

grab sample per day shall be monitored. Daily flow shall be monitored or estimated, as appropriate, 

to obtain reasonable data. All monitoring results shall be reported to the Department within twentyfour hours of receipt. [See Part I.B.3.] 

4. If significant historical or archaeological artifacts are discovered at any time within the project site, 

the permittee shall immediately notify the District Office and the Bureau of Historic Preservation, 

Division of Archives, History and Records Management, R.A. Gray Building, Tallahassee, Florida 

32301. 

5. Where required by Chapter 471 (P.E.) or Chapter 492 (P.G.), Florida Statutes, applicable portions of 

reports to be submitted under this permit shall be signed and sealed by the professional(s) who 

prepared them. 

6. The permittee shall notify the Department's Phosphate Management Program within twenty-four 

hours of any problems that may seriously hinder compliance with this permit. Notification to the 

Department shall be by phone (813/744-6100, ext. 138) or facsimile (813/744-6457) if after working 

hours. The Department may require a detailed written report describing the problem, remedial 

measures taken to assure compliance and measures taken to prevent recurrence of the problem. 

7. The permittee shall report all critical (having potential to significantly pollute surface or ground 

waters) spills of liquid or liquid-solid materials, not confined to a building or similar containment 

structure, to the Department by phone (813/744-6100, ext. 138) or facsimile (813/744-6457) if after 

working hours, within twenty-four hours after the discovery and submit a written report within fortyeight hours, excluding weekends, from the original notification. The written report shall include, but 

not be limited to, a detailed description of how the spill occurred, the name and chemical make-up 
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(include any MSDS sheets) of the substance, the amount spilled, the time and date of the spill, the 

name and title of the person who first reported the spill, the areal size of the spill and surface types 

(impervious, ground, water bodies, etc.) it impacted, the cleanup procedures taken and status of 

completion, and include a map or aerial photograph showing the extent and paths of material flow. 

8. This document satisfies Phosphate Management permitting requirements only and does not authorize 

operation of this facility prior to obtaining all other permits required by local, State and federal 

agencies. 

9. All documents submitted pursuant to the conditions of this permit shall be accompanied by a cover 

letter stating the name and date of the document submitted, the file number and project name of the 

permit involved, and the number (s) of the specific condition (s) affected. All submittals shall be 

signed by the permittee or the permittee’s authorized representative whose name is on file with the 

Department. 

B. Specific Conditions Related to Construction:

1. A Memorandum of Agreement (Attachment D) between the Department and Cargill Fertilizer, Inc., 

for the South Fort Meade Mine, was signed on February 9, 1998. The purpose of this Agreement is to 

implement the recommendations of the Department's Technical Advisory Forum for clay settling areas 

and non-clay phosphate mining impoundments as set forth in its final Report of Investigation, issued in 

October 1995. The permittee shall comply with all provisions of the signed Agreement, which is 

incorporated herein by reference. 

2. The permittee shall ensure that construction of any clay settling area, including dams and spillways, 

shall be in strict accordance with the provisions of Chapter 62-672, F.A.C. 

3. The permittee shall notify the Department’s Phosphate Management Program at least 48 hours prior 

to the date on which construction or shaping of any new dam will begin so that a site inspection may 

be performed. [Section 62-672.300(5)(a), F.A.C.] 

4. After completion of construction of any clay settling area and before the above-grade deposition of 

industrial waste behind the dam, the permittee shall contact the Department to arrange for a 

departmental representative to inspect the facility in the company of the permittee. 

 [Section 62-672.300(6), F.A.C.] 

C. Duty to Reapply

1. The permittee shall submit an application to renew this permit at least 180 days before the expiration 

date of this permit. 

2. The permittee shall apply on the appropriate form listed in Rule 62-620.910, F.A.C., and in the 

manner established in Rules 62-620.400 through 62-620.460, F.A.C., including submittal of the 

appropriate processing fee set forth in Rule 62-4.050, F.A.C. 

3. An application filed in accordance with subsections 1. and 2. of this part shall be considered timely 

and sufficient. When an application for renewal of a permit is timely and sufficient, the existing 

permit shall not expire until the Department has taken final action on the application for renewal or 

until the last day for seeking judicial review of the agency order or a later date fixed by order of the 

reviewing court. 

4. The late submittal of a renewal application shall be considered timely and sufficient for the purpose 

of extending the effectiveness of the expiring permit only if it is submitted and made complete before 

the expiration date.
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D. Specific Conditions Related to Best Management Practices Condition:

1. General Conditions 

In accordance with Section 304(e) and 402(a)(2) of the Clean Water Act (CWA) as amended, 33 

U.S.C. §§ 1251 et seq., and the Pollution Prevention Act of 1990, 42 U.S.C. §§ 13101-13109, the 

permittee must develop and implement a plan for utilizing practices incorporating pollution 

prevention measures. References to be considered in developing the plan are "Criteria and Standards 

for Best Management Practices Authorized Under Section 304(e) of the Act," found at 40 CFR 125, 

Subpart K and the Waste Minimization Opportunity Assessment Manual, EPA/625/7-88/003. 

a. Definitions 

(1) The term "pollutants" refers to conventional, non-conventional and toxic pollutants. 

(2) Conventional pollutants are: biochemical oxygen demand (BOD), suspended solids, pH, fecal 

coliform bacteria and oil & grease. 

(3) Non-conventional pollutants are those which are not defined as conventional or toxic. 

(4) Toxic pollutants include, but are not limited to: (a) any toxic substance listed in Section 

307(a)(1) of the CWA, any hazardous substance listed in Section 311 of the CWA, or 

chemical listed in Section 313(c) of the Superfund Amendments and Reauthorization Act of 

1986; and (b) any substance (that is not also a conventional or non-conventional pollutant 

except ammonia) for which EPA has published an acute or chronic toxicity criterion. 

(5) "Pollution prevention" and "waste minimization" refer to the first two categories of EPA's 

preferred hazardous waste management strategy: first, source reduction and then, recycling. 

(6) "Recycle/Reuse" is defined as the minimization of waste generation by recovering and 

reprocessing usable products that might otherwise become waste; or the reuse or reprocessing 

of usable waste products in place of the original stock, or for other purposes such as material 

recovery, material regeneration or energy production. 

(7) "Source reduction" means any practice which: (a) reduces the amount of any pollutant 

entering a waste stream or otherwise released into the environment (including fugitive 

emissions) prior to recycling, treatment or disposal; and (b) reduces the hazards to public 

health and the environment associated with the release of such pollutant. The term includes 

equipment or technology modifications, process or procedure modifications, reformulation or 

redesign of products, substitution of raw materials, and improvements in housekeeping, 

maintenance, training, or inventory control. It does not include any practice which alters the 

physical, chemical, or biological characteristics or the volume of a pollutant through a 

process or activity which itself is not integral to, or previously considered necessary for, the 

production of a product or the providing of a service. 

(8) "BMP3" means a Best Management Plan incorporating the requirements of 40 CFR § 125, 

Subpart K, plus pollution prevention techniques associated with a Waste Minimization 

Assessment. 

(9) "Waste Minimization Assessment" means a systematic planned procedure with the objective 

of identifying ways to reduce or eliminate waste. 

2. Best Management Practices/Pollution Prevention Plan 

The permittee shall develop and implement a BMP3 plan for the facility which is the source of 

wastewater and storm water discharges covered by this permit. The plan shall be directed toward 

reducing those pollutants of concern which discharge to surface waters and shall be prepared in 

accordance with good engineering and good housekeeping practices. For the purposes of this permit, 

pollutants of concern shall be limited to toxic pollutants, as defined above, known to the discharger. 

The plan shall address all activities which could or do contribute these pollutants to the surface water 

discharge, including process, treatment, and ancillary activities. 
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Wastewater Permit Page 15 of 24 

a. Signatory Authority & Management Responsibilities 

The BMP3 plan shall be signed in accordance with Item VII.A.2. and shall be reviewed by the 

plant engineering staff and plant manager. A copy of the plan shall be retained at the facility and 

shall be made available to the permit issuing authority upon request. 

The BMP3 plan shall contain a written statement from corporate or plant management indicating 

management's commitment to the goals of the BMP3 program. Such statements shall be 

publicized or made known to all facility employees. Management shall also provide training for 

the individuals responsible for implementing the BMP3 plan. 

b. BMP3 Plan Requirements 

(1) Name & description of facility, a map illustrating the location of the facility & adjacent 

receiving waters, and other maps, plot plans or drawings, as necessary; 

(2) Overall objectives (both short-term and long-term) and scope of the plan, specific reduction 

goals for pollutants, anticipated dates of achievement of reduction, and a description of means 

for achieving each reduction goal; 

(3) A description of procedures relative to spill prevention, control & countermeasures and a 

description of measures employed to prevent storm water contamination; 

(4) A description of practices involving preventive maintenance, housekeeping, recordkeeping, 

inspections, and plant security; and 

(5) The description of a waste minimization assessment performed in accordance with the 

conditions outlined in condition e below, results of the assessment, and a schedule for 

implementation of specific waste reduction practices. 

c. Waste Minimization Assessment 

A waste minimization assessment (WMA) shall be conducted for this facility to determine actions 

that could be taken to reduce waste loadings and chemical losses to all wastewater and/or storm 

water streams as described in Part VII.D.2 of this permit. It shall address both short-term and 

long-term opportunities for minimizing waste generation at this facility, utilizing at a minimum, 

applicable criteria selected from Part VII.D.2: Required Components of a Waste Minimization 

Assessment, particularly for high volume and/or high toxicity components of wastewater and 

storm water streams. Initially, the WMA should focus primarily on actions that could be 

implemented quickly, thereby realizing tangible benefits to surface water quality. Long term 

goals and actions pertaining to waste reduction shall include investigation of the feasibility of 

eliminating toxic chemical use, instituting process changes, raw material replacements, etc. 

Implementation of Results: The permittee shall implement each waste reduction practice 

recommended by the WMA as soon as practicable. Any waste reduction practices which are 

identified but will not be implemented shall be described in the required Pollution Prevention 

plan summary or progress/update reports, along with the factors inhibiting their adoption. Any 

waste reduction practices which cannot be implemented immediately shall be described in the 

Pollution Prevention plan. 

Timeframe: The permit issuing authority does not herein establish a time limit for completion of 

the WMA; the study may be conducted throughout the term of this permit. However, a suggested 

target completion date is six months after the effective date of the permit, so that the WMA 

results and recommended waste reduction practices may be incorporated into the BMP3 plan. 

Continual studies toward minimizing waste are encouraged. 

Practices which reduce pollutant loading in wastewater or storm water discharges with a 

consequent increase in solid hazardous waste generation, decrease in air quality, or adverse affect 

to groundwater shall not be considered waste reduction for the purposes of this assessment. 

d. Best Management Practices & Pollution Prevention Committee Recommended: 

A Best Management Practices Committee (Committee) should be established to direct or assist in 

the implementation of the BMP3 plan. The Committee should be comprised of individuals within 
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Wastewater Permit Page 16 of 24 

the plant organization who are responsible for developing the BMP3 plan and assisting the plant 

manager in its implementation, monitoring of success, and revision. The activities and 

responsibilities of the Committee should address all aspects of the facility's BMP3 plan. The 

scope of responsibilities of the Committee should be described in the plan. 

e. Employee Training 

Employee training programs shall inform personnel at all levels of responsibility of the 

components & goals of the BMP3 plan and shall describe employee responsibilities for 

implementing the plan. Training shall address topics such as good housekeeping, materials 

management, recordkeeping & reporting, spill prevention & response, as well as specific waste 

reduction practices to be employed. Training should also disclose how individual employees may 

contribute suggestions concerning the BMP3 plan or suggestions regarding Pollution Prevention. 

The plan shall identify periodic dates for such training. 

f. Plan Development & Implementation 

The BMP3 plan shall be developed and implemented 6 months after the effective date of this 

permit, unless any later dates are specified in this permit. Any portion of the WMA which is 

ongoing at the time of development or implementation shall be described in the plan. Any waste 

reduction practice which is recommended for implementation over a period of time shall be 

identified in the plan, including a schedule for its implementation. 

g. Submission of Plan Summary & Progress/Update Reports 

(1) Plan Summary: Not later than 2 years after the effective date of the permit, a summary of the 

BMP3 plan shall be developed and maintained at the facility and made available to the permit 

issuing authority upon request. The summary should include the following: a brief 

description of the plan, its implementation process, schedules for implementing identified 

waste reduction practices, and a list of all waste reduction practices being employed at the 

facility. The results of waste minimization assessment studies already completed as well as 

any scheduled or ongoing WMA studies shall be discussed. 

(2) Progress/Update Reports: Annually thereafter for the duration of the permit progress/update 

reports documenting implementation of the plan shall be maintained at the facility and made 

available to the permit issuing authority upon request. The reports shall discuss whether or 

not implementation schedules were met and revise any schedules, as necessary. The plan 

shall also be updated as necessary and the attainment or progress made toward specific 

pollutant reduction targets documented. Results of any ongoing WMA studies as well as any 

additional schedules for implementation of waste reduction practices shall be included. 

(3) A timetable for the various plan requirements follows: 

Timetable for BMP3 Plan Requirements: 

REQUIREMENT TIME FROM EFFECTIVE DATE OF THIS PERMIT

Complete WMA 6 months 

Develop & Implement Plan 6 months 

Develop Plan Summary 2 Years 

Progress/Update Reports 3 years, and then annually thereafter 

The permittee shall maintain the plan and subsequent reports at the facility and shall make the 

plan available to the Department upon request. 

h. Plan Review & Modification 

If following review by the Department, the BMP3 plan is determined insufficient, the permittee 

will be notified that the BMP3 plan does not meet one or more of the minimum requirements of 

this Part. Upon such notification from the Department, the permittee shall amend the plan and 
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shall submit to the Department a written certification that the requested changes have been made. 

Unless otherwise provided by the Department, the permittee shall have 30 days after such 

notification to make the changes necessary. 

The permittee shall modify the BMP3 plan whenever there is a change in design, construction, 

operation, or maintenance, which has a significant effect on the potential for the discharge of 

pollutants to waters of the State or if the plan proves to be ineffective in achieving the general 

objectives of reducing pollutants in wastewater or storm water discharges. Modifications to the 

plan may be reviewed by the Department in the same manner as described above. 

3. Required Components Of A Waste Minimization Assessment 

a. Plant Water Balance 

The WMA shall include an overall plant water balance, as well as internal water balances, as 

necessary. This information shall be used to determine any opportunities for water conservation 

or reuse/recycling and to determine if and where leakage might occur. 

b. Material and Risk Assessment 

A materials & risk assessment shall be developed and shall include the following: 

(1) Identification of the types & quantities of materials used or manufactured (including 

by-products produced) at the facility; 

(2) Identification of the location & types of materials management activities which occur at the 

facility; 

(3) An evaluation of the following aspects of materials compatibility: containment & storage 

practices for chemicals, container compatibility, chemical mixing procedures; potential 

mixing or compatibility problems; and specific prohibitions regarding mixing of chemicals; 

(4) Technical information on human health and ecological effects of toxic or hazardous 

chemicals presently used or manufactured (including by-products produced) or planned for 

future use or production; and 

(5) Analyses of chemical use & waste generation, including overall plant material balances and 

as necessary, internal process balances, for all pollutants. (When actual measurements of the 

quantity of a chemical entering a wastewater or storm water stream are not readily available, 

reasonable estimates should be made based on best engineering judgment.) The analyses 

shall address reasons for using particular chemicals, and measures or estimates of the actual 

and potential chemical discharges via wastewater, wastewater sludge, storm water, air, solid 

waste or hazardous waste media. 

c. Pollutant Reduction Methods 

The WMA shall include, at a minimum, the following means of reducing pollutant discharges in 

wastewater streams or of otherwise minimizing wastes: 

(1) Process related source reduction measures, including any or all of the following, as 

appropriate: 

(a) production process changes; 

(b) improved process controls; 

(c) reduction of off-spec materials; 

(d) reduction in use of toxic or hazardous materials; 

(e) chemical modifications and/or material purification; 

(f) chemical substitution employing non-toxic or less toxic alternatives; and 

(g) equipment upgrades or modifications or changes in equipment use. 

(2) housekeeping/operational changes, including waste stream segregation, inventory control, 

spill & leak prevention, equipment maintenance; and employee training in areas of pollution 

prevention, good housekeeping, and spill prevention & response; 

(3) in-process recycling, on-site recycling and/or off-site recycling of materials; 
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(4) following all source reduction & recycling practices, wastewater treatment process changes, 

including the use of new or improved treatment methods, such that treatment by-products are 

less toxic to aquatic or human life; and 

(5) other means as agreed upon by the permit issuing authority and the permittee. 

d. Storm Water Evaluation 

For storm water discharges and instances where storm water enters the wastewater 

treatment/disposal system or is otherwise commingled with wastewater, the WMA shall evaluate 

the following potential sources of storm water contamination, at a minimum: 

(1) loading, unloading and transfer areas for dry bulk materials or liquids; 

(2) outdoor storage of raw materials or products; 

(3) outdoor manufacturing or processing activities; 

(4) dust or particulate generating processes; and 

(5) on-site waste and/or sludge disposal practices. 

 The likelihood of storm water contact in these areas and the potential for spills from these areas shall 

be considered in the evaluation. The history of significant leaks or spills of toxic or hazardous 

pollutants shall also be considered. Recommendations for changes to current practices which would 

reduce the potential for storm water contamination from these areas shall be made, as necessary. 

E. Specific Conditions Related To Existing Manufacturing, Commercial, Mining, And Silviculture 

Wastewater Facilities Or Activities

1. Existing manufacturing, commercial, mining, and silvicultural wastewater facilities or activities that 

discharge into surface waters shall notify the Department as soon as they know or have reason to 

believe: 

a. That any activity has occurred or will occur which would result in the discharge, on a routine or 

frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will 

exceed the highest of the following levels: 

(1) One hundred micrograms per liter; 

(2) Two hundred micrograms per liter for acrolein and acrylonitrile; five hundred micrograms 

per liter for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter 

for antimony; 

(3) Five times the maximum concentration value reported for that pollutant in the permit 

application; or 

(4) The level established in the permit by the Department that exceeds the levels in 

subparagraphs (a)1., 2., and 3. of this section. The level established in the permit shall not 

exceed the technology-based treatment requirements appropriate to the permittee established 

in Chapter 62-660, F.A.C. 

b. For unauthorized releases or spills of 1,000 gallons or less, per incident, oral reports, or facsimiles 

when used in lieu thereof, shall be provided to Department’s Phosphate Management Program 

within 24 hours from the time the permittee becomes aware of the discharge. 

If the oral report has been received within 24 hours, the noncompliance has been corrected, and 

the noncompliance did not endanger health or the environment, the Department’s Phosphate 

Management Program shall waive the written report. When required, the written report shall be 

submitted to Phosphate Management at the address specified in Part I.B.2. 

c. That any activity has occurred or will occur which would result in any discharge, on a nonroutine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge 

will exceed the highest of the following levels: 

(1) Five hundred micrograms per liter, 

(2) One milligram per liter for antimony, 
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(3) Ten times the maximum concentration value reported for that pollutant in the permit 

application, or 

(4) The level established in the permit by the Department that exceeds the levels in 

subparagraphs (b)1., 2., and 3. of this section. The level established in the permit shall not 

exceed the technology-based treatment requirements appropriate to the permittee established 

in Chapter 62-660, Florida Administrative Code. 

2. The permittee shall ensure that retirement and abandonment of any clay settling area, including dams 

and spillways, shall be in strict accordance with the provisions of Chapter 62-672, F.A.C. 

F. Reopener Clause

1. The permit shall be modified, or alternatively, revoked and reissued to comply with any applicable 

effluent standard or limitation issued or approved under Sections 301(b)(2)(C) and (D), 304(b)(2) and 

307(a)(2) of the Clean Water Act (the Act), as amended, if the effluent standard or limitation so 

issued or approved: 

a. Contains different conditions or is otherwise more stringent than any condition in the permit/or; 

b. Controls any pollutant not addressed in the permit. 

The permit as modified or reissued under this paragraph shall contain any other requirements of the 

Act then applicable. 

2. The permit may be reopened to adjust effluent limitations or monitoring requirements should future 

wasteload allocation determinations, water quality studies, DEP approved changes in water quality 

standards, or other information show a need for a different limitation or monitoring requirement. 

VIII. General Conditions: 

1. The terms, conditions, requirements, limitations and restrictions set forth in this permit are binding 

and enforceable pursuant to Chapter 403, Florida Statutes. Any permit noncompliance constitutes a 

violation of Chapter 403, Florida Statutes, and is grounds for enforcement action, permit termination, 

permit revocation and reissuance, or permit revision. [Section 62-620.610(1), F.A.C.] 

2. This permit is valid only for the specific processes and operations applied for and indicated in the 

approved drawings or exhibits. Any unauthorized deviations from the approved drawings, exhibits, 

specifications or conditions of this permit constitute grounds for revocation and enforcement action 

by the Department. [Section 62-620.610(2), F.A.C.] 

3. As provided in Subsection 403.087(6), F.S., the issuance of this permit does not convey any vested 

rights or any exclusive privileges. Neither does it authorize any injury to public or private property or 

any invasion of personal rights, nor authorize any infringement of federal, state, or local laws or 

regulations. This permit is not a waiver of or approval of any other Department permit or 

authorization that may be required for other aspects of the total project which are not addressed in this 

permit. [Section 62-620.610(3), F.A.C.] 

4. This permit conveys no title to land or water, does not constitute state recognition or acknowledgment 

of title, and does not constitute authority for the use of submerged lands unless herein provided and 

the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the 

Internal Improvement Trust Fund may express State opinion as to title. [Section 62-620.610(4), 

F.A.C.] 
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Wastewater Permit Page 20 of 24 

5. This permit does not relieve the permittee from liability and penalties for harm or injury to human 

health or welfare, animal or plant life, or property caused by the construction or operation of this 

permitted source; nor does it allow the permittee to cause pollution in contravention of Florida 

Statutes and Department rules, unless specifically authorized by an order from the Department. The 

permittee shall take all reasonable steps to minimize or prevent any discharge, reuse of reclaimed 

water, or residuals use or disposal in violation of this permit which has a reasonable likelihood of 

adversely affecting human health or the environment. It shall not be a defense for a permittee in an 

enforcement action that it would have been necessary to halt or reduce the permitted activity in order 

to maintain compliance with the conditions of this permit. [Section 62-620.610(5), F.A.C.] 

6. If the permittee wishes to continue an activity regulated by this permit after its expiration date, the 

permittee shall apply for and obtain a new permit. [Section 62-620.610(6), F.A.C.] 

7. The permittee shall at all times properly operate and maintain the facility and systems of treatment 

and control, and related appurtenances, that are installed and used by the permittee to achieve 

compliance with the conditions of this permit. This provision includes the operation of backup or 

auxiliary facilities or similar systems when necessary to maintain or achieve compliance with the 

conditions of the permit. [Section 62-620.610(7), F.A.C.] 

8. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request 

by the permittee for a permit revision, revocation and reissuance, or termination, or a notification of 

planned changes or anticipated noncompliance does not stay any permit condition. [Section 62-

620.610(8), F.A.C.] 

9. The permittee, by accepting this permit, specifically agrees to allow authorized Department 

personnel, including an authorized representative of the Department and authorized EPA personnel, 

when applicable, upon presentation of credentials or other documents as may be required by law, and 

at reasonable times, depending upon the nature of the concern being investigated, to 

a. Enter upon the permittee’s premises where a regulated facility, system, or activity is located or 

conducted, or where records shall be kept under the conditions of this permit; 

b. Have access to and copy any records that shall be kept under the conditions of this permit; 

c. Inspect the facilities, equipment, practices, or operations regulated or required under this permit; 

and 

d. Sample or monitor any substances or parameters at any location necessary to assure compliance 

with this permit or Department rules. 

 [Section 62-620.610(9), F.A.C.] 

10. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data, 

and other information relating to the construction or operation of this permitted source which are 

submitted to the Department may be used by the Department as evidence in any enforcement case 

involving the permitted source arising under the Florida Statutes or Department rules, except as such 

use is proscribed by Section 403.111, Florida Statutes, or Rule 62-620.302, Florida Administrative 

Code. Such evidence shall only be used to the extent that it is consistent with the Florida Rules of 

Civil Procedure and applicable evidentiary rules. [Section 62-620.610(10), F.A.C.] 

11. When requested by the Department, the permittee shall within a reasonable time provide any 

information required by law which is needed to determine whether there is cause for revising, 

revoking and reissuing, or terminating this permit, or to determine compliance with the permit. The 

permittee shall also provide to the Department upon request copies of records required by this permit 

to be kept. If the permittee becomes aware of relevant facts that were not submitted or were incorrect 

in the permit application or in any report to the Department, such facts or information shall be 

promptly submitted or corrections promptly reported to the Department. 
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Wastewater Permit Page 21 of 24 

 [Section 62-620.610(11), F.A.C.] 

12. Unless specifically stated otherwise in Department rules, the permittee, in accepting this permit, 

agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for 

compliance; provided, however, the permittee does not waive any other rights granted by Florida 

Statutes or Department rules. A reasonable time for compliance with a new or amended surface water 

quality standard, other than those standards addressed in Rule 62-302.500, F.A.C., shall include a 

reasonable time to obtain or be denied a mixing zone for the new or amended standard. [Section 62-

620.610(12), F.A.C.] 

13. The permittee, in accepting this permit, agrees to pay the applicable regulatory program and 

surveillance fee in accordance with Rule 62-5.052, F.A.C. [Section 62-620.610(13), F.A.C.] 

14. This permit is transferable only upon Department approval in accordance with Rule 62-620.340, 

F.A.C. The permittee shall be liable for any noncompliance of the permitted activity until the transfer 

is approved by the Department. [Section 62-620.610(14), F.A.C.] 

15. The permittee shall give the Department written notice at least 60 days before inactivation or 

abandonment of a wastewater facility and shall specify what steps will be taken to safeguard public 

health and safety during and following inactivation or abandonment. 

 [Section 62-620.610(15), F.A.C.] 

16. The permittee shall apply for a revision to the Department permit in accordance with Rules 62-

620.300, 62-420 or 62-620.450, F.A.C., as applicable, at least 90 days before construction of any 

planned substantial modifications to the permitted facility is to commence or with Rule 62-620.300 

for minor modifications to the permitted facility. A revised permit shall be obtained before 

construction begins except as provided in Rule 62-620.300, F.A.C. 

 [Section 62-620.610(16), F.A.C.] 

17. The permittee shall give advance notice to the Department of any planned changes in the permitted 

facility or activity which may result in noncompliance with permit requirements. The permittee shall 

be responsible for any and all damages which may result from the changes and may be subject to 

enforcement action by the Department for penalties or revocation of this permit. The notice shall 

include the following information: 

a. A description of the anticipated noncompliance; 

b. The period of the anticipated noncompliance, including dates and times; and 

c. Steps being taken to prevent future occurrence of the noncompliance. 

 [Section 62-620.610(17), F.A.C.] 

18. Sampling and monitoring data shall be collected and analyzed in accordance with Rule 62-4.246, 

Chapter 62-160 and 62-601, F.A.C., and 40 CFR 136, as appropriate. 

a. Monitoring results shall be reported at the intervals specified elsewhere in this permit and shall be 

reported on a Discharge Monitoring Report (DMR), DEP Form 62-620.910(10). 

b. If the permittee monitors any contaminate more frequently than required by the permit, using 

Department approved test procedures, the results of this monitoring shall be included in the 

calculation and reporting of the data submitted in the DMR. 

c. Calculations for all limitations which require averaging of measurements shall use an arithmetic 

mean unless otherwise specified in this permit. 

d. Any laboratory test required by this permit for domestic wastewater facilities shall be performed 

by a laboratory that has been certified by the Department of Health and Rehabilitative Services 
CARGILL FERTILIZER, INC. Permit No. FL0037958 

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Wastewater Permit Page 22 of 24 

(DHRS) under Chapter 10D41, F.A.C., to perform the test. In domestic wastewater facilities, onsite tests for dissolved oxygen, pH, and total chlorine residual shall be performed by a laboratory 

certified to test for those parameters or under the direction of an operator certified under Chapter 

61E12-41, F.A.C. 

e. Under Chapter 62-160, F.A.C., sample collection shall be performed by following the protocols 

outlined in “DER Standard Operating Procedures for Laboratory Operations and Sample 

Collection Activities” (DER-QA-001/92). Alternatively, sample collection may be performed by 

an organization who has an approved Comprehensive Quality Assurance Plan (CompQAP) on 

file with the Department. The CompQAP shall be approved for collection of samples from the 

required matrices and for the required tests. [Section 62-620.610(18), F.A.C.] 

19. Reports of compliance or noncompliance with, or any progress reports on, interim and final 

requirements contained in any compliance schedule detailed elsewhere in this permit shall be 

submitted no later than 14 days following each schedule date. [Section 62-620.610(19), F.A.C.] 

20. The permittee shall report to the Department any noncompliance which may endanger health or the 

environment. Any information shall be provided orally within 24 hours from the time the permittee 

becomes aware of the circumstances. A written submission shall also be provided within five days of 

the time the permittee becomes aware of the circumstances. The written submission shall contain: a 

description of the noncompliance and its cause; the period of noncompliance including exact dates 

and time, and if the noncompliance has not been corrected, the anticipated time it is expected to 

continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the 

noncompliance. 

a. The following shall be included as information which must be reported within 24 hours under this 

condition: 

1. Any unanticipated bypass which causes any reclaimed water or the effluent to exceed any 

permit limitation or results in an unpermitted discharge, 

2. Any upset which causes any reclaimed water or the effluent to exceed any limitation in the 

permit, 

3. Violation of a maximum daily discharge limitation for any of the pollutants specifically listed 

in the permit for such notice, and 

4. Any unauthorized discharge to surface or ground waters. 

b. The permittee shall report all unauthorized releases or spills of untreated or treated wastewater in 

excess of 1,000 gallons per incident, or where public health or the environment may be 

endangered, to the State Warning Point toll free number (800) 320-0519, as soon as practical, 

but no later than 24 hours from the time the permittee becomes aware of the discharge. The 

permittee, to the extent known, shall provide the following information to the State Warning 

Point: 

1. Name, address, and telephone number of person reporting. 

2. Name, address, and telephone number of permittee or responsible person for the discharge. 

3. Date and time of the discharge and status of discharge (ongoing or ceased). 

4. Characteristics of the wastewater spilled or released (untreated or treated, industrial or 

domestic wastewater). 

5. Estimated amount of the discharge. 

6. Location or address of the discharge. 

7. Source and cause of the discharge. 

8. Whether the discharge was contained on-site, and cleanup actions taken to date. 

9. Description of area affected by the discharge, including name of water body affected, if any. 

10. Other persons or agencies contacted. 
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c. For unauthorized releases or spills of 1,000 gallons or less, per incident, oral reports, or facsimiles 

when used in lieu thereof, shall be provided to Department’s Tallahassee District Office within 24 

hours from the time the permittee becomes aware of the discharge. 

d. If the oral report has been received within 24 hours, the noncompliance has been corrected, and 

the noncompliance did not endanger health or the environment, the Department’s Tallahassee 

District Office shall waive the written report. The written report, where required, shall be 

submitted to the Department’s Tallahassee District Office. [62-620.610(20), 10-23-00] 

21. The permittee shall report all instances of noncompliance not reported under Conditions VIII.18. and 

19. of this permit at the time monitoring reports are submitted. This report shall contain the same 

information required by Condition VIII.20. of this permit. [Section 62-620.610(21), F.A.C.] 

22. Bypass Provisions. 

a. Bypass is prohibited, and the Department may take enforcement action against a permittee for 

bypass, unless the permittee affirmatively demonstrates that: 

(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; 

and 

(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment 

facilities, retention of untreated wastes, or maintenance during normal periods of equipment 

downtime. This condition is not satisfied if adequate back-up equipment should have been 

installed in the exercise of reasonable engineering judgment to prevent a bypass which 

occurred during normal periods of equipment downtime or preventive maintenance; and 

(3) The permittee submitted notices as required under Condition VIII.22.b. of this permit. 

b. If the permittee knows in advance of the need for a bypass, it shall submit prior notice to the 

Department, if possible at least 10 days before the date of the bypass. The permittee shall submit 

notice of an unanticipated bypass within 24 hours of learning about the bypass as required in 

Condition VIII. 20. of this permit. A notice shall include a description of the bypass and its 

cause; the period of the bypass, including exact dates and times; if the bypass has not been 

corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, 

eliminate, and prevent recurrence of the bypass. 

c. The Department shall approve an anticipated bypass, after considering its adverse effect, if the 

permittee demonstrates that it will meet the three conditions listed in Condition VIII.22.a.1. 

through 3. of this permit. 

d. A permittee may allow any bypass to occur which does not cause reclaimed water or effluent 

limitations to be exceeded if it is for essential maintenance to assure efficient operation. These 

bypasses are not subject to the provision of Condition VIII.22.a. through c. of this permit. 

 [Section 62-620.610(22), F.A.C.] 

23. Upset Provisions 

a. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through 

properly signed contemporaneous operating logs, or other relevant evidence that: 

(1) An upset occurred and that the permittee can identify the cause(s) of the upset; 

(2) The permitted facility was at the time being properly operated; 

(3) The permittee submitted notice of the upset as required in Condition VIII.20. of this permit; 

and 

(4) The permittee complied with any remedial measures required under Condition VIII.5. of this 

permit. 

b. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has 

the burden of proof. 
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c. Before an enforcement proceeding is instituted, no representation made during the Department 

review of a claim that noncompliance was caused by an upset is final agency action subject to 

judicial review. 

 [Section 62-620.610(23), F.A.C.] 

Executed in Tampa, Florida. 

FLORIDA DEPARTMENT OF 

 ENVIRONMENTAL PROTECTION 

 ___________________________________ 

Sam S. Zamani, P.E. 

 Administrator 

 Phosphate Management