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After 20 years of repeated environmental arraignments, the U.S. Department of Environmental Management (ADEM) issued a fine on December 15, 2023: The Ashberry landfill in rural Opp, Alabama, was finally fined $151,950 in civil terms for 20 years of repeated violations of state environmental laws. However, the Alabama Department of Environmental Management conditionally approved the landfill to continue operations, and the fine will not be levied until October 2024. "In a spirit of cooperation," the Alabama Department of Environmental Management chose to reduce the fine by more than $30,000.
Ashbury Landfill in Oppe, Alabama. **Alabama Department of Environmental Management, USA).
Oceans and wetlands welcome to the latest and most influential releases related to global marine wetlands by the Green Society, and build a community of life on earth with science and science. 2400 pieces of original content***20 years of non-complianceThe Ashbury Landfill first received a solid waste disposal permit in May 2003. Over the next 20 years, the landfill repeatedly violated state environmental regulations, and the Alabama environmental regulator did little enforcement to address the issue.
In July 2005, the state environmental regulator issued its first violation notice to the landfill, outlining its failure to comply with three state environmental regulations involving the maintenance of solid waste landfills. In October 2005, the agency issued a second notice of non-compliance, this time outlining non-compliance with the five provisions. Among the noted irregularities was the use of landfills to dispose of unlicensed household waste and other waste, such as car fuel tanks, the document shows. Neither of the two violation notices in 2005 imposed a fine on the landfill.
In 2010, the state of Alabama*** granted the landfill an additional tire scrap disposal license. In the four years prior to that, the landfill had violated environmental regulations 13 times, without fines or administrative orders. After the landfill was licensed to become a tire scrap processing plant, it violated environmental regulations again in 2013 and 2019, both incidents were warned by the Alabama Department of Environmental Management, but no fines were assessed.
In 2019, at least one resident complained to the Alabama Department of Environmental Management** about the landfill: "There are mountains of bare tires piled up in the factory. The mosquito problem is so serious that residents have to stay indoors. In response, the landfill simply told state regulators that the site would be sprayed with mosquito-removing insecticides at least once a week during the warmer months.
In April 2021, the agency again cited six violations at the landfill, noting that extra caution must be taken in light of "recent fires elsewhere." A compliance officer from the Alabama Department of Environmental Management wrote to the owner of the landfill: "As mentioned above, during the inspection, it was found that the facility had a large tire build-up. Considering recent fires at other landfills, as well as the scale of tire accumulation, the department reminds Ashbury Landfill, LLC to take care when managing tire accumulation to prevent fires, including the proper use of covering materials. "Once again, the Alabama Department of Environmental Management has chosen not to impose a fine on the Ashbury landfill.
In less than two weeks, the Alabama Department of Environmental Management issued a sixth violation notice to the landfill, citing three violations of state law. A month later, the landfill was arraigned for three violations. There are still no fines for both of these cases. State law requires landfill facilities like Ashbury to cover materials such as tires to reduce the risk of fire and eliminate stagnant water that can breed mosquitoes and other pests.
In February 2022, the Alabama Department of Environmental Management issued its first executive order against the facility, citing 11 separate violations of state environmental laws. Still, the regulator chose not to impose a fine on the Ashbury landfill.
In May 2023, the Alabama Department of Environmental Management received another complaint from a resident near the landfill: "The tires are piled up almost as tall as a tree." There are so many mosquitoes that you can't even go out. There was land there that belonged to our family, but I couldn't even take my daughter there because of mosquitoes. My niece was also bitten by mosquitoes ,...... not going outMeasures must be taken ......We've complained, but they've done nothing. ”
Alabama Department of Environmental Management inspectors inspected the facility within weeks of the complaint. While they wrote that they found no mosquito larvae or swarms of mosquitoes during a follow-up inspection, the Alabama Department of Environmental Management cited four other violations of state environmental regulations at the landfill.
Finally a fire broke out
In late November 2022, an underground fire broke out at the landfill. Over the next few months, the underground fire spread to dozens of acres of nearby land, burning material more than 150 feet deep. The fire and the resulting smoke have affected the health of residents, and schools have restricted outdoor activities. In the wake of the fires, states and localities have been blaming who is responsible for putting out the fires. It took U.S. federal intervention that the fire was extinguished and the landfill was covered.
Following the fire, the Alabama Department of Environmental Management** took its first positive action at the landfill on February 1, 2023, enforcing compliance and issuing an order to close the landfill.
The order requires the landfill-cum-tire ** plant to cease operating the solid waste treatment facility until it receives written approval from the department, citing more than a dozen other violations.
For the first time, operations at the Ashbury landfill will be suspended, at least temporarily, for its flouting of state law. On February 14, 2023, state regulators conditionally approved the facility's compliance action plan, allowing it to continue operations. Two months after the expected compliance date, Alabama Department of Environmental Management inspectors inspected the site and determined that the Ashbury landfill was still in violation of environmental regulations. During one inspection, the owner of the landfill told the inspectors that he wanted to ** the plant. Regulators have warned the landfill that any future acquirers will also be required to comply with state law.
In fact, nearly a year after the fire first broke out, the landfill fire rekindled in October 2023, leading the EPA** to take action again.
Late fines
After 20 years of illegal operations and multiple arraignments for environmental violations, the state finally imposed the proposed fine on the landfill in early December 2023. As part of the proposed consent order, the landfill, which neither acknowledges nor denies repeated violations, agreed to pay a $121,950 assessed fine, agreeing to a partial reduction of its fine by regulators. The order requires the Alabama Department of Environmental Management to report bi-weekly to review and track progress. In addition, in order for this landfill to be compliant, the order requires it to stop receiving tires in February 2024.
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