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?
