ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

NOTICE OF PUBLIC HEARING FOR THE RENEWAL AND MODIFICATION OF AN INDUSTRIAL WASTE LANDFILL PERMIT UNDER THE ALABAMA SOLID WASTES AND RECYCLABLE MATERIALS MANAGEMENT ACT AND REQUEST FOR COMMENTS
PUBLIC HEARING – 422

Mobile County

Notice is also hereby given that ADEM has extended the public notice comment period to Tuesday, May 4th, 2021 and has scheduled a public hearing, to receive oral comments on the proposed renewal and modification of the solid waste disposal permit noticed herein, to be held on Tuesday, April 27th, 2021, in Saraland, Alabama 36571 at the Hampton Inn and Suites located at 80 Shell Street at 6:00 PM.

LaBella Associates, on behalf of EcoSouth Services of Mobile, LLC, has submitted an application for renewal, major modification and variance of the solid waste disposal permit for the Axis Industrial Landfill (Permit No. 49-21). The proposed modification would allow the addition of Municipal Solid Waste (MSW) to the waste stream in Phase II and increase the maximum average daily volume of waste from 1500 cubic yards per day to 5000 tons per day. Furthermore, the proposed modification would allow the use of autofluff and Residual Short Fiber (RSF), as described in the application, as an alternate cover material in Phase II cells of the landfill. The alternate cover material should be mixed with sand or other soils in the ratio of 50% soil: 50% autofluff or 50% RSF. The Permittee is still bound by the requirements of the Rule 335-13-4-.22(1)(a)1. and Rule 335-13-4-.23(1)(a)1., which require daily cover for municipal solid waste landfills and weekly cover for industrial waste landfills. The Permittee may utilize alternate cover material to cover Phase I weekly. However at the end of each month’s operation, the Permittee shall cover Phase I with six inches of earthen material. The Permittee may utilize alternate cover material to cover Phase II daily. However at the end of each week’s operation, the Permittee shall cover Phase II with six inches of earthen material. The Permittee has requested a variance from Rule 335-13-4-.20(2)(c)(2) to allow 3 to 1 final slopes. The landfill is described as being located in the Sections 1 and 18, Township 1 South, and Range 1 East in Mobile County, Alabama. The total permitted area for the Axis Industrial Landfill consists of 70.3 acres with 46.8 acres approved for disposal. All previously approved variances have been requested and shall remain in the permit.

The waste stream for the Axis Industrial Landfill in Phase I (Cells 1-8) will be construction and demolition waste and rubbish, as defined by the Department, and industrial waste streams approved by the Department; including waste building materials packaging and rubbish resulting from construction, repair or demolition operations including masonry, sheet rock, insulation, scrap metal, wood, wood products, concrete, soil, brick, asphalt, ash from untreated materials, brush, land clearing debris, disaster debris, approved wastewater sludges, total petroleum hydrocarbons, and automobile fluff (solid waste from automobile shedding). The Permittee may accept for disposal in Phase II (Cells 9-11) municipal solid waste, construction and demolition waste and rubbish, as defined by the Department, and industrial waste streams approved by the Department; including waste building materials packaging and rubbish resulting from construction, repair or demolition operations including masonry, sheet rock, insulation, scrap metal, wood, wood products, concrete, soil, brick, asphalt, ash from untreated materials, brush, land clearing debris, disaster debris, approved wastewater sludges, total petroleum hydrocarbons, and automobile fluff (solid waste from automobile shedding). The service area for the Axis Industrial Landfill, as contained in the permit application, shall be Baldwin, Clarke, Conecuh, Covington, Dale, Escambia, Houston, Mobile, Monroe and Washington Counties in Alabama; Escambia, Okaloosa, Bay, Santa Rosa, and Walton Counties in Florida; and Jackson, Harrison, and Hancock Counties in Mississippi.

The purpose of the public hearing will be for interested parties to make oral and written comments into the public hearing record.  Those wishing to make oral comments at the public hearing are also encouraged to submit those comments in writing.  All comments must address the conditions of the proposed permit; the Department’s adherence to the applicable environmental laws, rules, and regulations in development of the proposed permit; or issues that have an impact on the applicant’s ability to meet applicable environmental laws, rules, and regulations to affect the final permit decision.  In order to affect final decisions, comments must offer technically substantial information that is applicable to the proposed permit.

Copies of the public hearing notice and proposed permit   and application)are available for public inspection electronically via http://adem.alabama.gov/newsEvents/publicHearing.cnt, and at the following location Monday – Friday (except legal holidays), 8:00 am to 5:00 pm.  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
ADEM
1400 Coliseum Blvd.
[Mailing address: PO Box 301463; Zip 36130-1463]
Montgomery, Alabama 36109-2400
(334) 271-7714

Special Public Hearing Procedures Due to COVID-19 Pandemic:

  1. Hearing Format.  In order to conduct an orderly hearing while adhering to the recommended social distancing precautions, the Department will conduct the public hearing as follows:
    1. The Department will call only one registered speaker into the hearing room at a time to provide their testimony. There will not be a general audience in the hearing room.
    2. Each registered speaker will be allowed no more than seven (7) minutes to present their testimony.  Speakers are encouraged to provide lengthy statements in writing, and to present a summary of their statement during their testimony.
    3. The Department will not allow registered speakers to enter the hearing room until they are called to give their testimony.
    4. The Department will require that speakers exit the hearing location after giving their testimony.
    5. The Department is not able to live stream the hearing or allow remote participation; however, the hearing proceedings will be recorded and placed on the Department’s YouTube channel at https://www.youtube.com/channel/UCDwu2w3FpjGgT4ZOjhk6ZOw/featured within approximately 24 hours of the conclusion of the hearing.
  2. Preregistration:  In order to allow social distancing by reducing the number of people gathered at the hearing location, the Department is offering preregistration to those who wish to speak at the hearing. 
    1. You may preregister at https://forms.gle/zqd5EKacXLJkk7Ck8 or, if any person does not have the ability to preregister online, they may call 334-274-4201 to preregister.
    2. Preregistration will end at 5:00 p.m. on Tuesday, April 20, 2021, to allow the Department adequate time to notify the people that did preregister of their appointed time slots.  If you miss the preregistration deadline, on-site registration will be available.
    3. To preregister, you must be willing to provide either a valid email address or cell phone number so that the Department may notify you of your approximate time slot in which you will be called to speak.  You may not request a specific time slot.
    4. You should arrive at the hearing no more than 15 minutes before your specified time slot.  At that time, please enter the venue, and Department employees will alert you when it is your turn to speak.
  3. On-site Registration.
    1. The Department will conduct on-site registration for those that wish to speak at the hearing; however, preregistration is highly recommended.
    2. Upon registering, Department representatives will inform you of your approximate time slot in which you will be called to speak.  You will be instructed to return to the hearing location approximately 15 minutes before your time slot.
    3. Please note that the people that preregistered will be called to speak prior to those that register on-site.
  4.   Safety Precautions.
    1. All attendees will be required to wear masks within the hearing location; however, once called into the hearing room, adequate distancing will be established to allow the speaker to remove their mask while speaking.
    2. All attendees will be subject to temperature screening prior to entering the hearing location.
  1. Opening Statements by the Department.  Since the attendees will not be present in the hearing room while the Department provides its opening statements, links to the statements are provided below:
    1. Hearing Officer Statement: (http://adem.alabama.gov/newsEvents/notices/mar21/pdfs/3axis-officerstatement.pdf)
    2. Solid Waste Disposal Permit Statement: (http://adem.alabama.gov/newsEvents/notices/mar21/pdfs/3axis-hearingstatement.pdf)

Any person wishing to participate in this hearing who needs special accommodations should contact the ADEM Permits and Services Division at (334) 271-7714 at least five working days prior to the hearing.

Attendance at the public hearing is not necessary in order to have comments included in the public hearing record.  Written comments received prior to the close of the public comment period will also be considered and entered into the public hearing record and will be given the same consideration as those provided at the hearing.  Persons wishing to comment may do so, in writing, to the Department's named contact above by 5:00 PM on Tuesday, May 4th, 2021.

After consideration of all written comments, review of any public hearing record, and consideration of the requirements of the Alabama Solid Wastes & Recyclable Materials Management Act, and applicable regulations, the Department will make a final determination on the proposed permit.  The Department will develop a response to comments, which will become part of the public record and be posted to the Department’s website at http://app.adem.alabama.gov/eFile/.  To find the response to comments and final permit determination, you may search by the permit or facility number listed in this notice.

The Department maintains a list of interested individuals who are emailed legal notices regarding proposed permits. If you wish to receive such notices, please sign up at http://adem.alabama.gov/default.cnt by entering your email address on the left side of the page and clicking the submit button.

Notice is hereby given this 19th day of March, 2021, 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.