Etowah County

Notice is hereby given that the public hearing to consider the initial issuance of a Coal Combustion Residuals (CCR) Permit to Close for the Plant Gadsden Ash Pond at the Gadsden Steam Plant (Permit No. 28-09) has been rescheduled due to widespread power outages and hazardous road conditions caused by Hurricane Zeta.  The new scheduled public hearing date is Tuesday, November 10, 2020, in Gadsden, Alabama at the Beck Conference Center-Gadsden State Community College located at 1001 George Wallace Drive at 6:00 PM.

Notice is also hereby given that the public notice comment period has been extended to Tuesday, November 17, 2020 due to the rescheduled public hearing date. Persons wishing to comment may do so, in writing, to the Department's named contact below by 5:00 PM on Tuesday, November 17th, 2020.

Specific information regarding the permit can be found in the September 24, 2020 public notice posted on the Department’s website and published in the Gadsden Times.    

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 are available for public inspection electronically via and the complete application is available at the following location Monday – Friday (except legal holidays), 8:00 am to 5:00 pm by appointment.  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
1400 Coliseum Blvd.
[Mailing address: PO Box 301463; Zip 36130-1463]
Montgomery, Alabama 36110-2400
(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 within approximately 24 hours of the conclusion of the hearing.
    6. Preregistration:  The time slots for the attendees who preregistered to speak at the October 29, 2020, public hearing will be carried forward to the rescheduled public hearing.  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.
  2. On-site Registration.
    1. The Department will conduct on-site registration for those that wish to speak at the hearing.
    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.
  3. 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.
  4. 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 Hearing Officer statement and the permit hearing statement can be found in the public notice posted on the Department’s website and published in the Gadsden Times on September 24, 2020.

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

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  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 by entering your email address on the left side of the page and clicking the submit button.

Notice is hereby given this 3rd day of November, 2020, by authorization of the Alabama Department of Environmental Management.

Lance R. LeFleur

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.