Friends of Hurricane Creek
Press Release
06/20/14
Notice of Intent to Sue
Who: The Friends of Hurricane Creek and Hurricane Creekkeeper.
Contact: hccreekkeeper@gmail.com
Cell: 205-3103739
What: 60 Day Notice of intent to sue
Why: Repeated, ongoing violations of the Clean Water Act.
Where: Federal Court, Tuscaloosa County
On June 18, 2014, The Friends of Hurricane Creek filed a 60-day
notice of intent to sue the Advanced Disposal Landfill, Eagle Bluff facility for chronic and ongoing violations of the Clean Water Act.
Hurricane Creekkeeper and Friends of Hurricane Creek have exhausted every possible resource and avenue for settling this matter outside a legal setting. Due to a lack of action and enforcement measures by the Alabama Department of Environmental Management, as well as inaction on the part of the EPA, the Friends of Hurricane Creek has been left with no alternative but to try and enforce the rules by filing the below action in Federal court.
Advanced Disposal has repeatedly demonstrated that they either can not or will not comply with the regulations designed to protect the citizens living close by.
According to a recent Tuscaloosa County Engineer traffic count survey, there are currently over 1,600 vehicles passing within very close proximity to residential dwellings. This comes to one truck every thirty seconds dusting residents and/or covering the roadways with a thick layer of mud, thus creating dangerous and unsafe driving conditions. When the mud dries dries, it becomes airborne dust from a landfill that handles countless tons of demolition and construction debris, including many toxic substances.
The current waste load at the landfill is 1,000 cubic yards per day. They are now asking the County Commission for an increase to 3,000 cubic yards per day. There is a hearing scheduled for Wed. June 25th at the regularly scheduled County Commissioners meeting. We invite all residents who are effected by this expansion to be in the commission chambers at 9:00 A.M on Wed. June 25th to voice their opinions.
We believe this will place an unfair and dangerous burden to the residents of impact, including unsafe driving condition, possible health and safety issues stemming from the dust, and a lowering of the quality of life for all residents within a half mile radius of the facility.
For additional information about the legal matters, please see attached document including the text of Notice of Intent to Sue for Continuing Violations of NPDES Permit No. ALG160090.
The Notice
Re: Notice of Intent to Sue for Continuing Violations of NPDES Permit No. ALG160090
Gentlemen:
Pursuant to the Clean Water Act § 505, 33 U.S.C. § 1365, and 40 C.F.R. Part 135, Subpart A, you are hereby notified that after the expiration of sixty (60) days following the date of this notice, Friends of Hurricane Creek may file suit against Advanced Disposal Services, Eagle Bluff Landfill, Inc. for the violations of NPDES Permit No. ALG160090 at the Eagle Bluff Landfill located at 4701 12th Street NE, Holt, Alabama alleged herein.
Permit Requirements
NPDES Permit No. ALG160090, Part II, B. 2. c. provides:
The permittee shall prepare and implement a Best Management Practices (BMP) Plan according to Part IV of this permit.
Part IV, B. provides, in part:
1. Plan Content for Landfill Activities: The permittee shall prepare (or as required have a QCP prepare) and implement a best management practices (BMP) plan which shall: (a) Provide control sufficient to prevent or control pollution of storm water by soil particles to the degree required to prevent
violation of the turbidity water quality standard applicable to the waterbody receiving the discharge;
* * *
1. Appropriate measures must be taken to prevent the deposition of airborne pollutants such as spray
paint, herbicides, excessive road dust, etc. from entering any waterbody.
2. Plan Content for Construction Activities (g) Appropriate measures must be taken to prevent the deposition of airborne pollutants such as spray paint, herbicides, excessive road dust, etc. from entering any waterbody.
Best Management Practices Plan Requirements
The Best Management Practices (BMP) & Storm Water Pollution Prevention Plan (SWPPP) (revised Jan. 2014, submitted Feb. 3, 2014) for the Eagle Bluff Landfill, prepared by Alabama registered professional engineers William W. Stubbs and Nathan Daniel Dunn, provides the following:
4.2 Good Housekeeping
Good housekeeping is an essential nonstructural control measure that reduces the likelihood for storm water discharges to contain various pollutants. Good housekeeping practices will be employed on a daily basis at this facility. In addition, the twice per week inspections will be performed throughout the overall facility for good housekeeping. Good housekeeping at this facility consists of the following measures:
* * *
• Regular cleaning of facility entrance to control offsite
sediment tracking
4.3 Maintenance
Routine site inspections will be completed following the twice per week inspection. These inspections will identify any control measures which require maintenance. All required maintenance will be reported to the team leader and follow up activities will be documented on a follow up inspection report. Routine maintenance at this facility consists of cleaning sediment basins and traps (for both floating and submerged trash and sediment), dust control, maintaining ditches, control offsite tracking, maintaining vegetation across the site ensuring proper operation of skimmer, and all other erosion control (silt fence, check dams, rock filter rings, etc.).
(Emphasis added).
Violations
The Permittee has operated the Eagle Bluff Landfill in such a manner that trucks leaving the landfill are tracking sediment onto the surface of 12th Street NE. The Permittee’s efforts to remove the sediment from the surface of 12th Street NE are merely (1) pushing the sediment to the side of the road where it is carried by stormwater into drainage ditches and transported to a tributary of Hurricane Creek or (2) causing the sediments to become airborne and deposited on land surfaces and vegetation where it is carried by
stormwater into drainage ditches and transported to a tributary of Hurricane Creek. Such offsite tracking is a violation of NPDES Permit No. ALG160090, Part II, B. 2. c. and Part IV, B. 1. a., Part IV, B. 1. l., and Part IV, B. 2.g.
The dates when offsite racking has occurred and been documented include the following seventy one days:
August 2, 2013 August 14, 2013 August 18, 2013 August 19, 2013
September 2, 2013 September 20, 2013 September 21, 2013 September 23, 2013
September 25, 2013 October 17, 2013 October 18, 2013 October 20, 2013
October 21, 2013 October 28, 2013 November 14, 2013 November 18, 2013
November 20, 2013 November 25, 2013 November 26, 2013 November 27, 2013
November 28, 2013 November 29, 2013 November 30, 2013 December 2, 2013
December 5, 2013 December 6, 2013 December 7, 2013 December 8, 2013
December 9, 2013 December 11, 2013 December 12, 2013 December 13, 2013
December 14, 2013 December 19, 2013 December 20, 2013 December 21, 2013
December 22, 2013 December 23, 2013 December 28, 2013 January 15, 2014
January 22, 2014 February 3, 2014 February 6, 2014 February 10, 2014
February 11, 2014 February 12, 2014 February 14, 2014 February 17, 2014
February 23, 2014 March 2, 2014 March 3, 2014 March 4, 2014
March 6, 2014 March 12, 2014 March 18, 2014 March 21, 2014
March 23, 2014 March 28, 2014 April 1, 2014 April 4, 2014
April 11, 2014 April 14, 2014 April 15, 2014 April 21, 2014
May 7, 2014 May 10, 2014 May 29, 2014 June 10, 2014
June 11, 2014
Complaints;
Friends of Hurricane Creek filed complaints with the Alabama Department of Environmental Management concerning offsite tracking on 12th Street NE from trucks leaving Eagle Bluff Landfill on the following dates: September 6, 2013 September 23, 2013 September 25, 2013 October 21, 2013
October 25, 2013 November 25, 2013 December 12, 2013 December 20, 2013
February 2, 2014 February 13, 2014 March 24, 2014 May 19, 2014
June 11, 2014
Most complaints can be obtained at http://edocs.adem.alabama.gov/eFile/.
ADEM Inaction
The Alabama Department of Environmental Management conducted an inspection of the Eagle Bluff Landfill on September 16, 2013. The inspector made the following observation: “Sediment was present outside of the facility’s gate from apparent offsite tracking.” The inspection report includes photographs of “offsite tracking outside of the facility’s gate.”
On October 25, 2013, the Alabama Department of Environmental Management issued a Notice of Violation to Advanced Disposal Services Eagle Bluff Landfill, Inc. The Notice states “At the time of the July and
September 2013 inspections, sediment was present outside of the facility’s gate from apparent offsite
tracking.
Offsite tracking and the accumulation of sediment at the facility’s discharge points which are conveyances to waters of the state are indicators of solids being discharged in more than trace amounts.”
The Alabama Department of Environmental Management conducted an inspection of the Eagle Bluff Landfill on March 27, 2014. The inspector made the following observation: “ Also, observed during the inspection, was offsite tracking of gravel and gravel dust. A build up of sediment was noted in several areas along the shoulder of the road just below the landfill entrance.” The inspection report includes photographs of “offsite gravel” and “gravel dust.”
Apparently, no further actions have been taken by the Alabama Department of Environmental Management and offsite tracking continues.
Sanctions
The Court may assess civil penalties of up to $37,500 per violation per day and litigation costs (including attorney and expert witness fees). Suit may be avoided if these violations have been permanently abated before the expiration of sixty (60) days following the date of this notice.
Please advise the undersigned of any measures that you may undertake which you contend have permanently abated these violations before suit is filed. Friends of Hurricane Creek may be contacted through the undersigned.
Sincerely,
David A. Ludder
Attorney for Friends of Hurricane Creek
cc: Hon. Gina McCarthy, Administrator
U.S. Environmental Protection Agency
Ariel Rios Building (AR)
1200 Pennsylvania Avenue N.W.
Washington, D.C. 20004
Hon. Heather McTeer Toney, Regional Administrator
Environmental Protection AgencyRegion 4
Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, GA 303033104
Hon. Lance LeFleur, Director
Alabama Department of Environmental Management
P.O. Box 301463
Montgomery, AL 361301463
The Corporation Company
Registered Agent for Advanced Disposal Services Eagle Bluff Landfill, Inc.
2000 Interstate Park Drive, Suite 204
Montgomery, Alabama 36109
Friends of Hurricane Creek
5600 Holt Peterson Road
Tuscaloosa, Alabama 35404
(205) 5070867
Press Release
06/20/14
Notice of Intent to Sue
Who: The Friends of Hurricane Creek and Hurricane Creekkeeper.
Contact: hccreekkeeper@gmail.com
Cell: 205-3103739
What: 60 Day Notice of intent to sue
Why: Repeated, ongoing violations of the Clean Water Act.
Where: Federal Court, Tuscaloosa County
On June 18, 2014, The Friends of Hurricane Creek filed a 60-day
notice of intent to sue the Advanced Disposal Landfill, Eagle Bluff facility for chronic and ongoing violations of the Clean Water Act.
 |
| Advanced Disposal off site tracking at Chambers Cemetery |
Advanced Disposal has repeatedly demonstrated that they either can not or will not comply with the regulations designed to protect the citizens living close by.
According to a recent Tuscaloosa County Engineer traffic count survey, there are currently over 1,600 vehicles passing within very close proximity to residential dwellings. This comes to one truck every thirty seconds dusting residents and/or covering the roadways with a thick layer of mud, thus creating dangerous and unsafe driving conditions. When the mud dries dries, it becomes airborne dust from a landfill that handles countless tons of demolition and construction debris, including many toxic substances.
The current waste load at the landfill is 1,000 cubic yards per day. They are now asking the County Commission for an increase to 3,000 cubic yards per day. There is a hearing scheduled for Wed. June 25th at the regularly scheduled County Commissioners meeting. We invite all residents who are effected by this expansion to be in the commission chambers at 9:00 A.M on Wed. June 25th to voice their opinions.
We believe this will place an unfair and dangerous burden to the residents of impact, including unsafe driving condition, possible health and safety issues stemming from the dust, and a lowering of the quality of life for all residents within a half mile radius of the facility.
For additional information about the legal matters, please see attached document including the text of Notice of Intent to Sue for Continuing Violations of NPDES Permit No. ALG160090.
The Notice
Re: Notice of Intent to Sue for Continuing Violations of NPDES Permit No. ALG160090
Gentlemen:
Pursuant to the Clean Water Act § 505, 33 U.S.C. § 1365, and 40 C.F.R. Part 135, Subpart A, you are hereby notified that after the expiration of sixty (60) days following the date of this notice, Friends of Hurricane Creek may file suit against Advanced Disposal Services, Eagle Bluff Landfill, Inc. for the violations of NPDES Permit No. ALG160090 at the Eagle Bluff Landfill located at 4701 12th Street NE, Holt, Alabama alleged herein.
Permit Requirements
NPDES Permit No. ALG160090, Part II, B. 2. c. provides:
The permittee shall prepare and implement a Best Management Practices (BMP) Plan according to Part IV of this permit.
Part IV, B. provides, in part:
1. Plan Content for Landfill Activities: The permittee shall prepare (or as required have a QCP prepare) and implement a best management practices (BMP) plan which shall: (a) Provide control sufficient to prevent or control pollution of storm water by soil particles to the degree required to prevent
violation of the turbidity water quality standard applicable to the waterbody receiving the discharge;
* * *
1. Appropriate measures must be taken to prevent the deposition of airborne pollutants such as spray
paint, herbicides, excessive road dust, etc. from entering any waterbody.
2. Plan Content for Construction Activities (g) Appropriate measures must be taken to prevent the deposition of airborne pollutants such as spray paint, herbicides, excessive road dust, etc. from entering any waterbody.
Best Management Practices Plan Requirements
The Best Management Practices (BMP) & Storm Water Pollution Prevention Plan (SWPPP) (revised Jan. 2014, submitted Feb. 3, 2014) for the Eagle Bluff Landfill, prepared by Alabama registered professional engineers William W. Stubbs and Nathan Daniel Dunn, provides the following:
4.2 Good Housekeeping
Good housekeeping is an essential nonstructural control measure that reduces the likelihood for storm water discharges to contain various pollutants. Good housekeeping practices will be employed on a daily basis at this facility. In addition, the twice per week inspections will be performed throughout the overall facility for good housekeeping. Good housekeeping at this facility consists of the following measures:
* * *
• Regular cleaning of facility entrance to control offsite
sediment tracking
4.3 Maintenance
Routine site inspections will be completed following the twice per week inspection. These inspections will identify any control measures which require maintenance. All required maintenance will be reported to the team leader and follow up activities will be documented on a follow up inspection report. Routine maintenance at this facility consists of cleaning sediment basins and traps (for both floating and submerged trash and sediment), dust control, maintaining ditches, control offsite tracking, maintaining vegetation across the site ensuring proper operation of skimmer, and all other erosion control (silt fence, check dams, rock filter rings, etc.).
(Emphasis added).
Violations
The Permittee has operated the Eagle Bluff Landfill in such a manner that trucks leaving the landfill are tracking sediment onto the surface of 12th Street NE. The Permittee’s efforts to remove the sediment from the surface of 12th Street NE are merely (1) pushing the sediment to the side of the road where it is carried by stormwater into drainage ditches and transported to a tributary of Hurricane Creek or (2) causing the sediments to become airborne and deposited on land surfaces and vegetation where it is carried by
stormwater into drainage ditches and transported to a tributary of Hurricane Creek. Such offsite tracking is a violation of NPDES Permit No. ALG160090, Part II, B. 2. c. and Part IV, B. 1. a., Part IV, B. 1. l., and Part IV, B. 2.g.
The dates when offsite racking has occurred and been documented include the following seventy one days:
August 2, 2013 August 14, 2013 August 18, 2013 August 19, 2013
September 2, 2013 September 20, 2013 September 21, 2013 September 23, 2013
September 25, 2013 October 17, 2013 October 18, 2013 October 20, 2013
October 21, 2013 October 28, 2013 November 14, 2013 November 18, 2013
November 20, 2013 November 25, 2013 November 26, 2013 November 27, 2013
November 28, 2013 November 29, 2013 November 30, 2013 December 2, 2013
December 5, 2013 December 6, 2013 December 7, 2013 December 8, 2013
December 9, 2013 December 11, 2013 December 12, 2013 December 13, 2013
December 14, 2013 December 19, 2013 December 20, 2013 December 21, 2013
December 22, 2013 December 23, 2013 December 28, 2013 January 15, 2014
January 22, 2014 February 3, 2014 February 6, 2014 February 10, 2014
February 11, 2014 February 12, 2014 February 14, 2014 February 17, 2014
February 23, 2014 March 2, 2014 March 3, 2014 March 4, 2014
March 6, 2014 March 12, 2014 March 18, 2014 March 21, 2014
March 23, 2014 March 28, 2014 April 1, 2014 April 4, 2014
April 11, 2014 April 14, 2014 April 15, 2014 April 21, 2014
May 7, 2014 May 10, 2014 May 29, 2014 June 10, 2014
June 11, 2014
Complaints;
Friends of Hurricane Creek filed complaints with the Alabama Department of Environmental Management concerning offsite tracking on 12th Street NE from trucks leaving Eagle Bluff Landfill on the following dates: September 6, 2013 September 23, 2013 September 25, 2013 October 21, 2013
October 25, 2013 November 25, 2013 December 12, 2013 December 20, 2013
February 2, 2014 February 13, 2014 March 24, 2014 May 19, 2014
June 11, 2014
Most complaints can be obtained at http://edocs.adem.alabama.gov/eFile/.
ADEM Inaction
The Alabama Department of Environmental Management conducted an inspection of the Eagle Bluff Landfill on September 16, 2013. The inspector made the following observation: “Sediment was present outside of the facility’s gate from apparent offsite tracking.” The inspection report includes photographs of “offsite tracking outside of the facility’s gate.”
On October 25, 2013, the Alabama Department of Environmental Management issued a Notice of Violation to Advanced Disposal Services Eagle Bluff Landfill, Inc. The Notice states “At the time of the July and
September 2013 inspections, sediment was present outside of the facility’s gate from apparent offsite
tracking.
Offsite tracking and the accumulation of sediment at the facility’s discharge points which are conveyances to waters of the state are indicators of solids being discharged in more than trace amounts.”
The Alabama Department of Environmental Management conducted an inspection of the Eagle Bluff Landfill on March 27, 2014. The inspector made the following observation: “ Also, observed during the inspection, was offsite tracking of gravel and gravel dust. A build up of sediment was noted in several areas along the shoulder of the road just below the landfill entrance.” The inspection report includes photographs of “offsite gravel” and “gravel dust.”
Apparently, no further actions have been taken by the Alabama Department of Environmental Management and offsite tracking continues.
Sanctions
The Court may assess civil penalties of up to $37,500 per violation per day and litigation costs (including attorney and expert witness fees). Suit may be avoided if these violations have been permanently abated before the expiration of sixty (60) days following the date of this notice.
Please advise the undersigned of any measures that you may undertake which you contend have permanently abated these violations before suit is filed. Friends of Hurricane Creek may be contacted through the undersigned.
Sincerely,
David A. Ludder
Attorney for Friends of Hurricane Creek
cc: Hon. Gina McCarthy, Administrator
U.S. Environmental Protection Agency
Ariel Rios Building (AR)
1200 Pennsylvania Avenue N.W.
Washington, D.C. 20004
Hon. Heather McTeer Toney, Regional Administrator
Environmental Protection AgencyRegion 4
Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, GA 303033104
Hon. Lance LeFleur, Director
Alabama Department of Environmental Management
P.O. Box 301463
Montgomery, AL 361301463
The Corporation Company
Registered Agent for Advanced Disposal Services Eagle Bluff Landfill, Inc.
2000 Interstate Park Drive, Suite 204
Montgomery, Alabama 36109
Friends of Hurricane Creek
5600 Holt Peterson Road
Tuscaloosa, Alabama 35404
(205) 5070867
No comments:
Post a Comment