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The Alabama Department of Environmental Management (“ADEM”) and Campbell & Mance Resources, LLC (“CMR”) entered into a Consent Order addressing alleged violations of a National Pollution Discharge Elimination System (“NPDES”) General Construction Permit. See Consent Order (“CO”) 19-XXX-CLD.

CMR is stated to be an Alabama corporation constructing a residential subdivision in Harvest, Alabama.

The CO provides that sediment and other pollutants in stormwater runoff from the subdivision have the potential to discharge and/or have discharged to Knox Creek. Knox Creek is stated to be a priority water of the State of Alabama.

CMR is stated to have submitted to ADEM a Notice of Intent requesting NPDES coverage under NPDES General Permit ALR1000000 (“Permit”). The state agency is stated to have granted authorization on June 21, 2019.

The Permit imposes certain requirements on CMR (as a permitee) regarding design, installation, maintenance, effective erosion controls and sediment controls, appropriate for site conditions. Such controls are stated to be required to meet or exceed technical standards outlined in the Alabama Handbook for Erosion control, Sediment Control, and Stormwater Management on Construction Sites and Urban Areas and the site-specific CBMPP prepared in accordance with Part III D as provided in the Permit.

The CO provides that on August 15, 2019 ADEM observed and documented that CMR had not properly implemented and maintained effective BMPs. This is stated to constitute a violation of Part III A of the Permit. The inspection is also stated to have indicated that accumulations of sediment resulting from discharges at the subdivision were observed and documented by ADEM off site, which violates the Permit.

The CO assesses a civil penalty of $16,700. Further, CMR is required to take immediate action to prevent, to the maximum extent practical, sediment and other pollutants in the stormwater leaving the subdivision and prevent noncompliant and/or unpermitted discharges of pollutants to waters of the state. Other activities required by the CO include correction of all violations including implementation of maintenance of effective BMPs.

A copy of the CO can be downloaded here.