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Martin County and Port Everglades plants.32 The TOPs were issued
pursuant to the Resource Conservation Recovery Act.
On May 7, 1985, the Department of Environmental Regulation
issued permit Nos. HT 43-068555 and HT 06-068527, each of which
allowed FPL “to operate two hazardous waste surface impoundments
for the treatment of corrosive wastes (D002) by
neutralization”.33 According to the TOPs, FPL was required to
“inspect and/or certify the surface impoundment, dikes, liners
and other associated structural and monitoring equipment as
required by * * * [Florida statute] and in accordance” with EPA
regulations. Additionally, the TOPs state:
Within 30 days issuance of this permit, the permittee
[FPL] shall submit to the department for approval a
schedule for closure of the existing surface
32 The parties each requested that we find as fact that FPL
received TOPs for each of its nine fossil fuel power plants.
However, the documentary evidence reflects TOPs issued were for
FPL’s Martin County and Port Everglades plants. Each of the TOPs
in the record had an effective date of May 1985, and one permit
expired on July 15, 1986, and the other had an expiration date of
May 15, 1987.
33 Ray Butts, FPL’s manager for strategic and regulatory
planning, testified that the TOPs required FPL to install new
wastewater neutralization treatment systems at its fossil plants.
He further testified that FPL was required to install:
new tanks for the actual treatment of the water, the
ancillary piping that goes with that, as well as the
various pieces of equipment to support that activity
including monitoring equipment such as pH meters or
water level meters. It also included the maintenance
of the existing basins to ensure that they had liners
that did not leak as well as embankments or retaining
walls that would prevent any over-topping of water.
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