Some of you will remember last year this contractor attacked me. He threw a couple of punches at the side of my head then proceeded to kick and beat the heck out of my truck for turning him in on BMP / permit violations... I turned him in to TPD who refused to take action.
See below, this is the same contractor.
It only took ADEM almost 2 years to issue an order!
To my knowledge, this is the first time single home builder has ever been fined in this respect! The price of doing BAD business here just went up again! If the city will not enforce, we will!
Hat's off to David Ludder for helping me make it uncomfortable to violate in HC Watershed.
For us, this is HUGE!
LEGAL NOTICE
ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
PO Box 30l463
Montgomery, Alabama 36l30-l463
(334) 27l-7700
PROPOSED ORDER
Account Code: 202
Pursuant to the provisions of the Alabama Environmental Management Act, the Alabama Department of Environmental Management (ADEM) is proposing to issue an Order to McKinney Pruden Construction LLC - 6609 Julia Pearl Lane, Julia Pearl Lane, in Cottondale, Tuscaloosa County, Alabama. ADEM has been unable to serve the owner/operator with notice of this proposed order by mail. By this public notice ADEM notifies the owner/operator of the intent to issue an Order for the below stated violations.
The violations consisted of: effective BMPs not implemented and/or maintained; commencement/continuation of regulated activity prior to obtaining valid ADEM NPDES registration coverage; noncompliance with the requirements of ADEM NPDES construction stormwater rules; and failure to respond to a Notice of Violation.
The order, if issued, would require the owner/operator to: apply for and obtain NPDES registration coverage; submit a plan to correct all violations; implement and maintain effective BMPs; comply with applicable ADEM rules and registration requirements; perform corrective actions; and pay a civil penalty in the amount of $19,000.00.
If (owner/operator) wants an informal conference prior to any decision to issue this order, the owner/operator should contact the below listed designee of the director to request a an informal conference with ADEM. Other interested persons may submit written comments, including request for a hearing, within 30 days of the publication date of this notice, to the Alabama Department of Environmental Management, attention James E. McIndoe, Chief of Water Division, PO Box 301463, Montgomery, Alabama 36l30-l463. 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 webpage at www.adem.state.al.us
This notice is hereby given this 8th day of September, 2010, by authorization of the Alabama Department of Environmental Management.
Lance R. LeFleur
Director
THE TUSCALOOSA NEWS
September 8, 15, 22, 29, 2010
(ADEM charged the entire development only $20,000 for the entire site out of compliance. David appealed it for us and the fine climbed to over $120,000. now the individual home builders are feeling the pinch.)
It is time that contractors understand that the Clean Water Act applies to everyone. The days of using 1% of a projects cost as the total amount expected to be spent for erosion and sediment control is over. Our seemingly endless supply of clean water must be protected or we will not have any. ADEM and other government entities have responsibilities that include inspection of construction sites to assure the law is being followed. If the law is enforced so everyone has the same costs, no one should be at a disadvantage. We should demand that the environmental laws be enforced and do everything possible to assure no one has an advantage because of political pressure from any government entity be it city, state or county.
ReplyDeleteMr. Wathen, I hope you know that everyone out there doesn't wish you harm. Some of us are very proud of the work you do to assure future generations will enjoy a clean Alabama environment.
acluttered.mind@yahoo.com