ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
P.O. Box 301463
Montgomery, Alabama 36130-1463
(334) 271-7700

PROPOSED ORDER

Account Code 210

Macon County

Pursuant to the provisions of the Alabama Environmental Management Act, the Alabama Department of Environmental Management is proposing to issue a Consent Order to Wiregrass Construction Company, Inc., which operates a facility known as Poly Pit located in Macon County, Alabama. The entrance to the mine is located at 1180 Banks McDade Road, Shorter, Macon County, Alabama.   

The Order addresses AWPCA and NPDES permit violations for failure to limit discharges as specified by the permit; failure to submit noncompliance forms; discharge of pollutants without coverage under a valid permit; failure to implement the requirements of the Pollution Abatement and/or Prevention (PAP) Plan; conducting operations such that sediment is placed into a stream; failure to conduct operations in a manner as to minimize the impact on water quality; discharging through an outfall prior to its construction and certification; failure to conduct mining in a manner as to leave a 50-foot setback; conducting surface mining operations in areas without coverage under a valid NPDES Permit; and failure to properly implement the SPCC Plan.

The Department is proposing a civil penalty in the amount of $115,000.  The Order, if executed, would require Wiregrass Construction Company, Inc. to pay the proposed civil penalty and prepare an Engineering Report identifying potential causes of noncompliance and summarizing the changes necessary for the Permittee to achieve compliance with State and federal regulations.  The Order, if issued, would require Wiregrass Construction Company, Inc. to submit an updated PAP Plan to the Department, as well as any requested detailed progress reports describing the progress made towards achieving compliance.

Interested persons may submit written comments, including request for a hearing, within 30 days of the publication date of this notice, to the Alabama Department of Environmental Management, attention Glenda L. Dean, Chief of the Water Division, P.O. Box 301463, Montgomery, Alabama 36130-1463. The comment period shall end at the close of business 30 days from the publication date of this notice. A copy of the proposed order is available on the ADEM web page at http://adem.alabama.gov/compInfo/adminOrders.cnt or may be obtained by written request to the above address. A nominal fee for copying may be charged.

This notice is hereby given this 17th day of January, 2019, by authorization of the Alabama Department of Environmental Management.

______________________________
Lance R. LeFleur
Director

Nondiscrimination Statement:  The Department does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the administration of its programs.