Pursuant to the provisions of the Alabama Environmental Management Act, Code of Alabama §§ 22-22A-1 through §§ 22-22A-16 (2006 Rplc. Vol.), and the Solid Wastes and Recyclable Materials Management Act (SWRMMA), Ala. Code §§ 22-27-1 to 22-27-18 (2006 Rplc. Vol. and 2008 Cum. Supp.), as amended, the Alabama Department of Environmental Management is proposing to issue a Consent Order to the City of Atmore, which operates a solid waste disposal facility in Atmore, Escambia County, Alabama.

The violations listed in the Order consist of: failure to receive Department approval prior to open burning; failure to apply a minimum of six inches of compacted earth at the conclusion of each week’s operation to control disease vectors, fires, odors, blown litter, and scavenging; failure to design, construct and maintain on-site drainage structures to carry incident precipitation from the disposal site so as to minimize the generation of leachate, erosion, and sedimentation; and failure to control public access and prevent unauthorized vehicular traffic and illegal dumping of wastes.

The Department is proposing a civil penalty in the amount of $1,000.00. The Order, if issued, would require the facility to operate in compliance with ADEM Admin. Code 335-13 in the future, and to submit a report detailing what procedures will be employed to ensure compliance in the future.

Interested persons may submit written comments, including a request for a hearing, within 30 day of the publication date of this notice to:

Alabama Department of Environmental Management

Attention: Wm. Gerald Hardy, Chief of the Land Division

P. O. Box 30l463

Montgomery, Alabama 36l30-l463

This notice is hereby given this July 22, 2009, by authorization of the Alabama Department of Environmental Management.