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 ADMINISTRATIVE ORDER
Covington County
Pursuant to the provisions of the Alabama Environmental Management Act, Code of Alabama §§ 22-22A-1 through §§ 22-22A-17, as amended, the Solid Wastes and Recyclable Materials Management Act (SWRMMA), Ala. Code §§ 22-27-1 to 22-27-18, as amended, and the Alabama Scrap Tire Environmental Quality Act, Ala. Code §§ 22-40A-1 to 22-40A-24, as amended, the Alabama Department of Environmental Management is proposing to issue an Administrative Order to the Ashberry Landfill, LLC, which operates the Ashberry C/D Landfill and Tire Recycling Facility, a registered Class One Scrap Tire Receiver, a permitted Class One Scrap Tire Processor, a permitted Scrap Tire Transporter facility, and a construction/demolition landfill located in Opp, Covington County, Alabama.
The violations listed in the Order consist of failure to properly maintain cover on the landfill, failure to confine waste, failure to compact waste, failure to maintain 4:1 slopes, failure to operate the facility as stipulated in the permit and disposal of waste outside of a certified cell.
The Department is proposing a civil penalty in the amount of $151,950.00. The Order, if issued, would require the Ashberry C/D Landfill and Tire Recycling Facility to correct all violations above within the prescribed timeframes, and to operate in compliance with ADEM Admin. Code 335-13 and Solid Waste Disposal Permit No. 20-10 in the future.
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 16th day of December, 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.