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

Account Code: 605

Jefferson County

Pursuant to the provisions of the Alabama Environmental Management Act, the Alabama Department of Environmental Management is proposing to issue a Consent Order to DFA Dairy Brands Ice Cream, LLC, d/b/a/ Mayfield Ice Cream of Birmingham, SID Permit Number IU393700329 and NPDES Permit Number ALG150072, located at 36 and 126 Barber Court, Birmingham, Jefferson County, Alabama.

The violations noted in the Consent Order consist of an unpermitted discharge resulting in a fish kill and water quality violations.

The Department is proposing a civil penalty in the amount of $28,000. The Order, if issued, would require DFA Dairy Brands Ice Cream, LLC, d/b/a/ Mayfield Ice Cream of Birmingham to pay the penalty, submit a report detailing the corrective actions taken to address the non-compliance, submit a certification of compliance, and comply with all Permit conditions.

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

Alabama Department of Environmental Management
Attention: Daphne Y. Lutz
Chief of the Water 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 6th day of June, 2024, 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.