Solid Waste Enforcement: Alabama Department of Environmental Management and Selma Construction and Debris Landfill Enter into Consent Order

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Alabama Department of Environmental Management (“ADEM”) and the City of Selma C/D Landfill (“Selma”) entered into an August 6th Consent Order (“CO”) addressing alleged violations of the Alabama Solid Waste and Recyclable Materials Management Act (“Solid Waste Act”). See Consent Order No. 20-XXX-CSW.

The CO provides that the City of Selma, Alabama operates a construction and demolition landfill (“Landfill”) in Dallas County, Alabama.

The Landfill is stated to have been issued a renewal Solid Waste Disposal Permit (“Permit”) on August 7, 2019.

ADEM personnel are stated to have conducted an inspection of the Landfill to determine compliance with its Permit on December 14, 2017. Inspections are also stated to have been conducted on June 19, 2018 and May 20, 2019.

Alleged violations identified in the CO are stated to include:

  • Failure to manage surface water
  • Inadequate application of cover material
  • Failure to maintain on-site drainage structures
  • Failure to maintain adequate equipment
  • Failure to ensure only approved waste streams are accepted at the facility
  • Failure to properly maintain landfill slopes

Subsequent correspondence with the City of Selma and other communications are stated to have indicated that the alleged violations had been addressed or that the Landfill was in the process of addressing them.

Selma is stated to neither admit nor deny ADEM’s contentions. Selma further indicated that:

  • It had operated since approximately 2009 with two pieces of heavy equipment and two to three individuals
  • The Landfill needs a backup trash packer along with additional equipment and personnel
  • Despite the shortages, Landfill personnel have successfully addressed each of the violations cited in the CO
  • The fiscal and monetary status of Selma until the last 6 to 12 months did not allow for the acquisition of necessary personnel and equipment
  • The improved monetary and fiscal status of the Selma and the combined political will with the Mayor and City Council have coalesced around a Correction Action Plan and proposed schedule for accomplishing the corrective action steps

The CO assesses a civil penalty of $15,775. Further, it requires that within 30 days from the issuance of the CO that a Corrective Action Plan be submitted which will include at a minimum:

  1. Surface water management at the site;
  2. Proper application of cover material;
  3. Maintenance of previously covered slopes;
  4. Maintaining adequate equipment;
  5. Ensuring only approved waste streams are accepted at the facility; and
  6. A schedule for implementation of recommended actions

A copy of the CO can be downloaded here.

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