ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
P O Box 301463 (Zip 36130-1463)
1400 Coliseum Boulevard (Zip 36110-2400)
Montgomery, Alabama 36130-1463
(334) 271-7700
PROPOSED CONSENT ORDER
Clay, Colbert, Jefferson, Lawrence, Marshall, and Morgan Counties
Pursuant to the provisions of the Alabama Environmental Management Act, Ala. Code §§ 22-22A-1 to 22-22A-15, as amended; the Solid Waste Disposal Act, Ala. Code §§ 22-27-9 and 22-27-12, as amended; and the ADEM Administrative Code of Regulations, the Alabama Department of Environmental Management is proposing to issue an Consent Order to Denali Water Solutions, LLC, a By-Product Distributor located at 3308 Bernice Avenue, Russellville, AR 72802.
The violations listed in the Order consist of failure to abide by 100 foot property boundaries, 100 foot waters of the State boundaries, and 100 foot inhabited building boundaries; failure to submit an approved Operation Plan and Nutrient Management Plan before application activities occurred, and failure to abide by approved Operation Plan and Nutrient Management Plan.
The Department is proposing a civil penalty in the amount of $34,500.00. The Order, if issued, would require the owner to submit to the Department a complete and updated Operations Plan and Nutrient Management Plan for all application sites along with the yearly registration renewal application, annual reporting requirements, and pay Beneficial Use registration renewal fees, as applicable.
Interested persons may submit written comments, including a request for a hearing, within 30 days of the publication date of this notice to:
Alabama Department of Environmental Management
Attention: Stephen A. Cobb, Chief of the Land 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 30th day of July, 2021, 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.