ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

NOTICE OF MODIFICATION OF THE SETTLEMENT AGREEMENT FOR SITE RESPONSE BETWEEN THE DOWNTOWN ENVIRONMENTAL ALLIANCE (DEA) AND THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (ADEM) UNDER THE ALABAMA HAZARDOUS WASTES MANAGEMENT AND MINIMIZATION ACT (AHWMMA) AND THE ALABAMA HAZARDOUS SUBSTANCE CLEANUP FUND (AHSCF) AND REQUEST FOR COMMENTS
PUBLIC NOTICE – 348

Montgomery County

The Downtown Environmental Alliance (DEA) has submitted to ADEM an Institutional Controls (IC) Plan Addendum for the Capitol City Plume (EPA I.D. Number AL0001058056) located in downtown Montgomery, in Montgomery County, Alabama.  The Department has determined the DEA’s Institutional Controls Plan Addendum to be complete and in accordance with State regulations.

The DEA operates the Capital City Plume Site.  Tetrachloroethylene contaminated soils and groundwater were discovered at the site in 1993 during construction of the Retirement Systems of Alabama Energy Plant.  The site has undergone extensive soil, groundwater, and soil vapor sampling and investigation.  The IC Plan documents the DEA’s selected remedy for the site.  This proposed modification incorporates the IC Plan Addendum into the Settlement Agreement. The IC Plan Addendum proposes to add an annual technical memorandum as a required submittal and to modify the schedule of Remedial Action Progress Reports from annually to triannually.     

Copies of the fact sheet, the modified Settlement Agreement for Site Response, and the Institutional Controls Plan Addendum are available for public inspection electronically via https://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
Alabama Department of Environmental Management
1400 Coliseum Blvd., Montgomery, Alabama 36110-2400
[Mailing address: P.O. Box 301463; Zip 36130-1463]
(334) 271-7714
permitsmail@adem.alabama.gov

Persons wishing to comment may do so, in writing or by email, 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 agreement.

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 of ADEM 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), the AHSCF, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 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.  The Department will post responses to comments as well as the final determination to the Department’s website at http://app.adem.alabama.gov/eFile/.

Notice is hereby given this 25th day of August, 2023, by authorization of the Alabama Department of Environmental Management.

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.