Solid Waste Enforcement: Alabama Department of Environmental Management Order Addressing Covington County, Alabama Unauthorized Dump Site

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

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The Alabama Department of Environmental Management (“ADEM”) issued an Order to Construction Diversities, Inc. (“CDI”) addressing what is described as an unauthorized solid waste dump (“UAD”).

The Order describes the location of the UAD as Covington County, Alabama .

CDI is alleged to have created and failed to properly close the UAD.

ADEM personnel are stated to have conducted a site inspection of the UAD on May 10, 2018, pursuant to a complaint. They are stated to have reviewed Covington County property records. Such records are stated to have indicated that CDI is the owner of the property on which the UAD is sited.

ADEM personnel are stated to have observed approximately 350 cubic yards of household waste, construction/demolition waste, appliances, scrap tires, and scrap metals disposed at the UAD. UAD is stated to have not received a permit from ADEM to operate a sanitary landfill. As a result, ADEM determined that CDI is responsible for the UAD.

The Order requires that CDI:

  • Cease and desist operation of the UAD
  • Submit an abatement plan to ADEM
  • Remove and properly dispose of all regulated waste
  • Provide a schedule for abatement completion

A civil penalty of $13,000 is assessed.

CDI has the option of requesting a hearing addressing the Order.

A copy of the Order can be found here.

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