Pursuant to the provisions of the Alabama Environmental Management Act, the Alabama Department of Environmental Management is proposing to issue an Order to Davis Sand & Gravel, Bama Concrete Products Company, Inc., which operates the Cypress Pit located Hale County, Alabama.

The violations consisted of failing to re-apply for re-issuance of their NPDES permit, having unpermitted discharges to a water of the state, failing to submit DMRs by the required submittal date, and failing to implement best management practices.

The Department is proposing a civil penalty in the amount of $76,000. The order, if issued, would require Davis Sand & Gravel, Bama Concrete Products Company, Inc. to submit an engineering report and apply for the electronic DMR submittal program.

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 James E. McIndoe, Chief of the Water Division, P.O. Box 30l463, Montgomery, Alabama 36l30-l463. 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://www.adem.state.al.us/PublicNotice/PublicNotice.htm 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 23rd day of July 2009, by authorization of the Alabama Department of Environmental Management.