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The Alabama Department of Environmental Management (“ADEM”) and Rock Creek Stone, LLC, (“Rock Creek”) entered into an August 3rd Consent Order (“CO”) addressing an alleged violation of the ADEM air and water regulations.

The CO provides that Rock Creek owns and operates a limestone quarry (“Quarry”) in Addison, Alabama.

The Quarry is stated to be operated without the authority of an ADEM air permit.

ADEM personnel are stated to have undertaken an inspection of the Quarry on May 3rd and:

. . . noted that Rock Creek had been conducting surface mining operations at the Quarry without a valid NPDES permit in violation of ADEM Admin. Code r. 335-6-9-.05(1).

The President of Rock Creek is stated to have been contacted on June 16th and informed that operating without an air permit or a NPDES permit constituted violations of ADEM’s regulations. The President is stated to have indicated he did not believe he could stop operating due to financial issues.

ADEM personnel are stated to have conducted an additional inspection on June 20th and noted continuing surface mining operations at the Quarry. This was stated to have included operation of equipment. Further, Rock Creek is stated to have not submitted an application for an air permit for constructing, crushing, screening, and conveying equipment at the Quarry.

Rock Creek is stated to neither admit nor deny ADEM’s contentions.

A civil penalty of $50,000 is assessed.

A copy of the CO can be downloaded here.