ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
NOTICE OF FINAL INSTITUTIONAL CONTROLS PLAN AND MODIFICATION OF THE SETTLEMENT AGREEMENT FOR SITE RESPONSE BETWEEN THE DOWNTOWN ENVIRONMENTAL ALLIANCE AND THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT UNDER THE ALABAMA HAZARDOUS SUBSTANCES CLEANUP FUND (AHSCF), AND THE ALABAMA HAZARDOUS WASTES MANAGEMENT AND MINIMIZATION ACT (AHWMMA), AND REQUEST FOR COMMENTS
PUBLIC NOTICE – 348
The Downtown Environmental Alliance (DEA) has submitted an Institutional Controls Plan for the Capitol City Plume (EPA I.D. Number AL0001058056) located in downtown Montgomery, Montgomery County, Alabama. Tetrachloroethylene contaminated soils and groundwater were discovered at the site in 1993 during construction of the RSA Energy Plant. The site has undergone extensive soil, groundwater and soil vapor sampling and investigation. The Institutional Controls Plan presents the DEA’s selected remedy for the site. The Department has completed the review of the Institutional Controls Plan and determined the plan to be complete. The Department has prepared a draft modified Settlement Agreement to incorporate the Institutional Controls Plan by reference.
Copies of the fact sheet, the modified Settlement Agreement for Site Response, and the Institutional Controls Plan are available for public inspection electronically via http://adem.alabama.gov/newsEvents/publicNotices.cnt and at the following locations Monday – Friday (except legal holidays) during the hours of 8:00 a.m. to 5:00 p.m. A nominal fee for copying and/or mailing may be charged. Arrangements for copying should be made in advance.
Russell A. Kelly, Chief
Permits and Services Division
1400 Coliseum Blvd.
[Mailing address: PO Box 301463; Zip 36130-1463]
Montgomery, Alabama 36110-2400
Persons wishing to comment may do so, in writing, to the Department's named contact above within 45 days following the publication date of this notice. In order to affect final decisions, comments must offer technically substantial information that is applicable to the proposed plan.
A written request for a public hearing may also be filed within that 45-day period and must state the nature of the issues proposed to be raised in the hearing. The Director shall hold a public hearing upon receipt of a significant number of technical requests.
After consideration of all written comments, review of any public hearing record, and consideration of the requirements of the AHWMMA, the Federal Resource, Conservation and Recovery Act (RCRA), AHSCF, and applicable regulations, the Department will make a final determination. The Department will develop a response to comments, which will become part of the public record and will be available to persons upon request. Notice will be sent to any person requesting notice of the final action.
The Department maintains a list of interested individuals who are mailed legal notices regarding proposed permits. If you wish to receive such notices, contact the Permits & Services Division via telephone (334-271-7714), e-mail (email@example.com), or postal service (P.O. Box 301463, Montgomery, AL 36130-1463).
This notice is hereby given this 9th day of August, 2019, by authorization of the Alabama Department of Environmental Management.
Lance R. LeFleur
Nondiscrimination Statement: The Department does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the