Tuesday, March 31, 2020

Advanced Disposal Landfill Citizen Complaint

Please accept the following complaint on behalf of Hurricane Creekkeeper and Friends of Hurricane Creek concerning Advanced Disposal Landfill, Eagle Bluff, (ADLF).

Land permit# 63-26, Water division permit # ALG160090.
Both divisions have received my complaint of Feb. 26, 2020. In that complaint I proved that the so-called tire-wash was NOT being used. On Jan. 23, 2020 the engineering firm Hodges, Harbin,Newberry & Tribble submitted documentation that stated the tire-wash was operational and in service as of January. This is a false statement. The “birdbath” tire-washing basin might have been complete but it was not put in service until the week of March 8th, after channel 33/40 showed up with camera crews. Brian Pia was told when he interviewed Mr. Rogers on or about that day that he had activated the truck wash on Monday after the film crew was there. Either HHNT was mistaken or the landfill intentionally circumvented the consent order by not using it. That comes to at least 68 days of willful non-compliance with a consent order and the permit requirement to contain the mud onsite. Here’s a link to the story Brian ran on the subject. He said he’d be happy to speak with ADEM and in fact already has.
Over a time period starting on 03/11/20, just after the 33/40 story ran until this complaint 03/31/20, I have been monitoring the progress after rain events. I am not impressed.
The ADLF described “Birdbath” tire wash is a complete joke and waste of their money. It works to a very small degree but not well enough to keep the trash and mud paste from being tracked out of the landfill onto 12th street.
Usually the mornings are cleaner since the mud spreader goes about sweeping the previous days mud onto the right of way and onto private property. In some cases he sweeps mud and rocks directly onto people’s graves. Within 2 hours after opening and after a rain, it looks like it did before the birdbath. I like that term. Maybe they can get the buzzards to use it.
One of the major problems they keep facing is the muddy haul road. Sat. of last week they spread some rock down the center of the road but did not spread it. What a waste of money. After a ¾ inch rain it was no use at all. Trucks simply ground it together with mud and tracked it out. The entire road needs a deep layer of rock and replenished more often. That is expensive but as Mr. Rogers told 33/40, “That’s just some of the stuff with running a landfill”. His statement says to me that he knows he can’t control it. Maybe he is part of the problem.
Neither I nor any of the community impacted care about their costs. Our health and safety are more important. This is not just mud. It comes off the tires and undercarriages of trucks, which go into the waste to dump, spin their tires in wet conditions. That packs the trash and mud between the tires and coats the undercarriages. If it is too expensive to operate within the permit parameters they could move on. This facility has completely outgrown its footprint in our community.
Every day they sweep more and more mud onto the right of way that should be contained within their boundary. What is running from the roadside through the intentionally dug ditches to Hurricane Creek is strictly prohibited. ADEM is fully aware of the situation with complaints and news interviews about it lately yet I don’t find any recent files in the records indicating any action has been taken. ADEM P.R. people told Brian Pia, 33/40 News that an investigation would be ordered. I understand the new threat from Covid-19 and the need for social distance but ADEM inspectors can come sit in the cemetery, as I do and observe all they need to see with no human contact.
On 03/23/20 I documented an ADLF employee intentionally digging a trench to drain the mud and water off of 12th street before operating the mud spreader. The tributary that it leads directly to is an unnamed trib to Hurricane Creek, which passes through a small private pond. The sediment stops at the pond but the turbid water passes through to Hurricane Creek, TMDL listed for turbidity. Today’s turbidity reading at HC was 067 NTU downstream and 013 NTU upstream. That is barely a violation elevation but it a clear indicator that whatever they have done, regardless of cost, it is not enough.
What is going on now has been continuous since the increase in traffic was approved by ADEM and our County Commission. It is time to rethink that decision and or 1. Reduce their traffic again to 1,000 Yds. daily, 2. Issue a cease and desist until this can be adequately remedied, 3. Enforce the consent order and permit requirements by penalizing this facility to the maximum extent allowable.
In another message to ADEM, dated 03/11/20 from Michael B. Stowe, he stated he would replay to my Feb complaint within a week. It is now 20 days since that email but it is not in the E-file. I’d like to see it as soon as it arrives. Should be interesting. I have submitted hard evidence of my claims. 33/40 has also documented some of it and the record is full of violations at this facility.  
John L. Wathen,
Hurricane Creekkeeper
Friends of Hurricane Creek

Creekkeeper is a member of
Waterkeeper Alliance
www.waterkeeper.org

Who has the authority to say someone else
 is not being a good steward of the environment?































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