An Evening with Your Tuscaloosa WATERKEEPERS

An Evening with Your Tuscaloosa WATERKEEPERS

Postby creekkeeper » Fri Jul 30, 2010 11:21 am
Tuscaloosa's Waterkeepers Unite:
Thursday August 12 at Alabama Museum of Natural History
Image

Thursday, August 12, from 5 to 8pm, Black Warrior Riverkeeper and the Friends of Hurricane Creek (Hurricane Creekkeeper) present a free public event at the Alabama Museum of Natural History: “An Evening with Tuscaloosa's Waterkeepers”. Mercedes-Benz U.S. International., Inc is the lead sponsor.

The event will feature watershed presentations and new photography exhibits by the two Waterkeepers protecting Tuscaloosa-area waterways: Nelson Brooke (Black Warrior Riverkeeper) and John Wathen (Hurricane Creekkeeper). Dr. Doug Phillips of Discovering Alabama will deliver a special introduction. Both nonprofit Waterkeeper organizations will accept optional donations. Free admission, parking, food (Snow’s Bend Farm and Zoёs Kitchen), wine (JohnnyGreenSeeds), and beer (SweetWater) provided.

The Alabama Museum of Natural History (http://www.amnh.ua.edu) is located in Smith Hall on the corner of Sixth Avenue and Capstone Drive at the University of Alabama in Tuscaloosa. To reach the Museum from Highway 82 (McFarland Boulevard), take the University Boulevard exit and follow the signs leading west to Hackberry Lane. If you are arriving on I-59, exit onto I-359 and take the University Boulevard exit traveling east to Hackberry Lane. Plenty of free parking will be available August 12. For more information, contact Charles Scribner, Executive Director, Black Warrior Riverkeeper: cscribner@blackwarriorriver.org or 205-458-0095.

Photos from Hargrove Flooding 07/26/10

Damage video from Hargrove Road, via YouTube

Submitted video to You Tube concerning flooding on Hargrove Road.

More Flooding in Tuscaloosa

Tuscaloosa Engineers, Planners, and City Council approved this development.
Cynthia Almond and Lee Garrison were the only ones who voted against it.

Joe Robinson had this to say about the flooding issue on Hargrove Road...

"Joe Robinson, head of the Office of the City Engineer, said his office has documented three occasions of flooding on Hargrove Road in the past three months. He said he thinks they’re all linked to the Woodlands development.

Until the development was built, Robinson said the last time he recalled flooding across Hargrove Road near Snow Hinton Park was in 1979.

"Frederic, in 1979, dumped heavy rainfall across much of the eastern United States: 8 to 12 inches (.3 m) of rain fell from Pascagoula to Mobile, and 2-4 inches fell along the hurricane's path as far as New England. Over a dozen tornadoes were also reported in Frederic's wake. However, these had minimal impact.^[8]

“We’re going to withhold a certificate of occupancy from the building until we feel they have this problem resolved ... (and) I am satisfied,” Robinson said."

Joe Robinson was satisfied when he signed the plans against MANY resident objections and comments about future flooding and traffic. The City Planners and City engineer need to be replaced ASAP. They are the biggest flooding and erosion control problem we have in Tuscaloosa.

Remember Jamestown Villas?

Tuscaloosa has some serious problems. Most of them work in City Hall!

New complex on hold until flooding issue resolved

Residents on Hargrove Road say street washouts are causing hassles

Michelle Lepianka Carter | Tuscaloosa News

Tuscaloosa Police block off part of Hargrove Road in front of The Woodlands of Tuscaloosa development near Snow Hinton Park on May 20 as water rushes over the road during a storm.

By Jason Morton Staff Writer

Published: Tuesday, July 20, 2010 at 3:30 a.m.
Last Modified: Monday, July 19, 2010 at 11:08 p.m.

( page of 2 )

TUSCALOOSA | The Woodlands of Tuscaloosa on Hargrove Road is being built as an upscale, 209-unit apartment complex for college students.

Flooding

In the past three months, there were three occasions of flooding in the Hargrove Road area. Office of the City Engineer head Joe Robinson said he thinks the flooding is linked to The Woodlands student apartment complex.
Until the problem is resolved, Robinson said he will withhold a certificate of occupancy from the complex, barring anyone from moving in.

But the development won’t be able to house a single student until its builders figure out how to stop thousands of gallons of storm water from gushing across Hargrove Road during heavy rains.

The city of Tuscaloosa’s Office of the City Engineer said Monday, after an emergency meeting with officials with the Dovetail Companies, the company building the 39-acre development next to Snow Hinton Park, it intended to withhold a certificate of occupancy until the flood problems are fixed.

Joe Robinson, head of the Office of the City Engineer, said his office has documented three occasions of flooding on Hargrove Road in the past three months. He said he thinks they’re all linked to the Woodlands development.

Until the development was built, Robinson said the last time he recalled flooding across Hargrove Road near Snow Hinton Park was in 1979.

“We’re going to withhold a certificate of occupancy from the building until we feel they have this problem resolved ... (and) I am satisfied,” Robinson said.

Messages left with the CEO and media relations contact for the Athens, Ga.-based Dovetail Companies on Monday afternoon went unreturned.

The most recent of the washouts occurred Friday afternoon, when more than 2 inches of rain fell across Tuscaloosa, according to the National Weather Service.

Barry Ragland lives in a red brick house on Elmira Drive, less than 100 yards from the entrance to The Woodlands development.

While Friday’s flooding didn’t cause serious problems to his property, a similar flood event from about a month ago washed limbs and debris through two fences in his backyard. The water rose high enough to overrun his storage unit, ruining clothes and other items.

“I grew up in this area,” said Ragland, 53, “and I’ve never seen it flood like that.”

He said his neighbors also have incurred property damage from flooding on Hargrove Road.

The property, which was previously an open field, was rezoned in 2008 to accommodate the residential development, the first hurdle the developers needed to clear before the project could proceed, despite concerns from officials with the Office of the City Engineer regarding increases in flooding and traffic. The city’s Planning and Zoning Commission voted 7-1 in favor of rezoning the land.

Robinson said the development’s design that was presented to the Office of the City Engineer before construction took the floodway into account.

“Now we’re just asking them to review the construction to ensure it was constructed as designed,” he said.

Loop Road resident Heather Hastings said she has been re-routed during each flood while trying to get home.

“It’s just a wall of water,” she said of the flooding. “You go through the light (at Snow Hinton Park) thinking you’re going to get home and the next thing you see is police cars.”

Tuscaloosa Police officers have routed motorists trying to head east on Hargrove Road into Snow Hinton Park, then onto 10th Avenue East and back out onto McFarland Boulevard.

Hastings said she then has to drive up to Kicker Road, which on Friday was also backed up as a result of the detour.

“This is causing a problem for a lot of people,” she said.

Reach Jason Morton at jason.morton@tuscaloosanews.com or 205-722-020

Alabama Department of Transportation ordered to comply with Clean Water Act 

 

John L. Wathen

http://www.hurricanecreek.us/?page_id=15

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(ATLANTA June 14, 2010) The U.S. Environmental Protection Agency (EPA) issued Administrative Orders (AOs) against the Alabama Department of Transportation, for violations of the Clean Water Act (CWA) at the Buttermilk Road Project construction site in Tuscaloosa, Alabama.

"By taking these enforcement actions, we are sending a strong message about the importance of protecting rivers, lakes and streams across the Southeast," said Stan Meiburg, EPA Region 4 Acting Regional Administrator. "To protect our regions waters, these regulated entities must comply with the Clean Water Act and promptly take the steps needed to resolve the violations noted in our inspections."

EPA issued AOs requiring the violators to revise and implement their Construction Pollution Prevention Plans, install and maintain Best Management Practices, conduct adequate self-inspections, cease discharging and address areas where sediment had been discharged.

http://yosemite.epa.gov/opa/admpress.nsf/0/fc734e0b6e731e5f8525774200583326?OpenDocument

Governor Bob Riley appointed Joe McInnes to serve as Alabama's Transportation Director. He assumed his responsibilities in January 2003. Mr. McInnes comes to the Department of Transportation from the private sector. He worked for Blount International for 25 years and retired as Executive Vice President and Chief Administrative Officer.

http://www.dot.state.al.us/Docs/Bureaus/Media+and+Community+Relations/ALDOT+Director+-+Joe+McInnes.htm

Contractors for the Alabama Department of Transportation are working on the 2.27-mile project to widen Buttermilk Road to five lanes from between Bradford Boulevard and Interstate 20/59.Earlier this month, Tuscaloosa environmental activist John Wathen  photographed what he claimed were violations of erosion control regulations, among other offenses.

Officials for ALDOT said that while sediment and soil did escape the confines of the silt fences along the construction area, it was not the result of poor planning or lack of concern, it was because of the storm.

ALDOT’s inability to control erosion on Buttermilk Road, which he said allowed dirt and mud to wash into tributaries that feed Hurricane Creek, is a sign that the M-bend could be harmed if plans for the four-lane highway go unchanged.

Fagan said that he and ALDOT are aware of the environmental significance of Hurricane Creek and although he stopped short of guaranteeing that the creek will not be disturbed in any way, he said that ALDOT is sensitive to the issue.
"We recognize, and have recognized for several years, that were going into a sensitive area," Fagan said. "We understand that its supersensitive and were recognizing that early enough in the process that we will take extraordinary efforts to minimize the damage to that area.

http://www.tuscaloosanews.com/article/20091124/NEWS/911239891/1007

ADEM nor the ALDOT made any substantial effort to address this problem. Now they have to spend dwindling state tax revenue to do so.

This action is typical of the present state administraion’s true level of concern for the environment.

An EPA takeover of ADEM is imminent and this action is directed as a wake up call to a lame duck administration that had no concern for this or any other environmental problem in Alabama.
The heir apparent to the governor’s position is unlikely to be any different.

New storm drainage rules to cost city nearly $250,000

 

Staff photo | Robert Sutton

Stormwater rushes through a culvert and into a creek that feeds into the Black Warrior River after heavy rain Wednesday morning. The culvert is behind the ABC Store on 21st Avenue, between Jack Warner Parkway and University Boulevard.

By Robert DeWitt Senior Writer

Published: Thursday, March 11, 2010 at 3:30 a.m.
Last Modified: Wednesday, March 10, 2010 at 10:24 p.m.

( page of 3 )

TUSCALOOSA | The city of Tuscaloosa must soon find an estimated $200,000 to $250,000 to implement new storm drainage regulations.

The regulations are intended to prevent pollutants from washing into the Black Warrior River, Lake Tuscaloosa and other public waters, but they also are an unexpected blow to the city’s budget.

“We’re all on the same page for implementing better practices to safeguard our environment,” Mayor Walt Maddox said. “However, this is a prime example of an unfunded mandate, where Washington passes down to Montgomery and Montgomery passes to the cities regulations they can’t afford to enforce.”

The Alabama Department of Environmental Management is imposing the regulations, which originated with the federal Environmental Protection Agency. So a state law that prohibits the state from placing unfunded mandates on local governments does not apply in this case.

“There’s no new money being allocated and there’s no more money being generated by the economy, so we’ll have to take away from some city department,” Maddox said. “My complaint is having to find $250,000 in what is already one of the most difficult budget years we’ve seen. And it’s not like we’ve had an opportunity to plan for it.”

The mandate will change in two significant ways how the city regulates stormwater:

The city will take on the primary responsibility for enforcing stormwater runoff regulations at construction sites during and after construction.

That responsibility has belonged to ADEM. 

The city also must do some water quality testing, something it does not do now.

The regulations are intended to prevent pollutants from washing into the Black Warrior River, Lake Tuscaloosa and other public waters, but they also are an unexpected blow to the city’s budget.

“We’re all on the same page for implementing better practices to safeguard our environment,” Mayor Walt Maddox said. “However, this is a prime example of an unfunded mandate, where Washington passes down to Montgomery and Montgomery passes to the cities regulations they can’t afford to enforce.”

The Alabama Department of Environmental Management is imposing the regulations, which originated with the federal Environmental Protection Agency. So a state law that prohibits the state from placing unfunded mandates on local governments does not apply in this case.

“There’s no new money being allocated and there’s no more money being generated by the economy, so we’ll have to take away from some city department,” Maddox said. “My complaint is having to find $250,000 in what is already one of the most difficult budget years we’ve seen. And it’s not like we’ve had an opportunity to plan for it.”

The mandate will change in two significant ways how the city regulates stormwater:

n The city will take on the primary responsibility for enforcing stormwater runoff regulations at construction sites during and after construction.

That responsibility has belonged to ADEM.

n The city also must do some water quality testing, something it does not do now.

A committee of city staff members is forming recommendations on implementing the new regulations. That task should be completed in two to three months, with implementation expected about six months later, said Chad Christian, the city’s stormwater drainage engineer.

Although the city has been involved in enforcing regulations concerning runoff from construction sites, it does not have the manpower to assume primary responsibility, Christian said. The city might need as many as eight to nine more employees to do that.

“It would take a lot more staff,” Christian said.

Until now, the city has been primarily involved in educating the public about ways to reduce pollution in stormwater drainage and minimize pollution created by municipal operations, spending about $50,000 on those efforts. The changes will increase its annual spending on stormwater pollution control to between $250,000 and $300,000, according to estimates provided by the EPA.

The regulations stem from the Clean Water Act, passed by Congress in 1971. It first targeted “point source” pollution, which includes things like a wastewater treatment plant discharge or an industrial discharge, Christian said.

When regulating point source pollution did not completely clean up pollution problems, the EPA turned to non-point source pollution. That comes from things like runoff from old mines or city stormwater.

“Rain washes everything off of the rooftops and streets into the water,” Christian said.

Oil, radiator fluid and other pollutants collect on the streets, along with dirt and trash like cigarette butts, plastic bottles and paper cups. It all washes into the river when it rains.

Much of the storm drainage on the south side of Tuscaloosa washes out through Moody Swamp. That helps cut down on pollution.

“You get a tremendous water quality benefit from a natural wetland,” Christian said. “It filters a lot of things out.”

But the northern areas of the city are hilly, resulting in pollution and sediment washing directly into the river or tributaries of the river, since there is little to filter the runoff.

Sediment creates two problems: Pollutants like oil, grease, pesticides, chemicals and heavy metals attach to the grit and are carried by it into the stream, Christian said. And sediment builds up in waterways, posing a serious problem in places like Lake Tuscaloosa, the city’s primary source of drinking water, which has lost a significant portion of its capacity to siltation.

“Our raw drinking water source has to be protected,” Christian said.

Along Tuscaloosa’s riverfront, much of the stormwater is now being filtered. There is a filtration device in the inlet at the riverboat landing next to the Hugh Thomas Bridge, and the new Bank of Tuscaloosa office complex included a filtration system for stormwater generated on the site. The new Riverwalk Place development and the amphitheater will have similar systems, Christian said.

Christian does not believe stormwater will ever be channeled to a filtration plant and treated like sewage, because it would not be practical, he said. For example, as much stormwater comes through the outlet off 21st Avenue near the Alcoholics Anonymous building in one day during a major rain as would come into the city’s wastewater treatment plant. And there are outlets all over the city.

As standards increase, however, stormwater management will become more expensive. While the city will have to find the money to deal with it, Tuscaloosa does want to protect the waters in and around the city.

“It’s true that we have to do it,” Christian said. “But we want to do it, if for no other reason than to protect Lake Tuscaloosa.”

Williamsburg Citizen Complaint

 To: Mr. Jim Giattina, EPA Region 4

 Mr. Giattina,

I am writing this complaint and addressing it to you due to the extraordinary circumstances surrounding the permit. ADEM claims the permit terminated but no reclamation has occurred and active construction is on-going. Turbid water and sedimentation are still being discharged with every rain event. It should be noted here that this is a site that has been pointed out in the petition to remove ADEM from authority. SDW is a prime example of ADEM failure to adequately enforce.  We respectfully ask EPA Region 4 to require completion of reclamation by SDW and registration of McKinney Pruden.

 From the Petition to Withdraw NPDES Program Approval ...

 "15.       The State of Alabama has failed to ensure that construction stormwater (CSW) dischargers who are engaged in construction disturbance activities or who have not completed reclamation of disturbed areas renew their expired registrations.  For example:

 ALR165846   SDW, Inc.

SDW, Inc. was initially granted NPDES Registration ALR165846 on September 1, 2004 for construction disturbance within the Williamsburg subdivision.  This registration expired on August 31, 2005.  (Exhibit B-2).  NPDES Registration ALR165846 was reissued to SDW, Inc. on August 4, 2005 for construction disturbance on 14.5 acres within the Williamsburg subdivision.  This registration expired on August 31, 2006.  (Exhibit B-3).  A Warning Letter was issued by ADEM on July 9, 2007.  (Exhibit B-4).  A Notice of Violation was issued by ADEM on January 18, 2008.  (Exhibit B-5).  NPDES Registration ALR165846 was granted to SDW, Inc. on January 28, 2008 for construction disturbance on 4.9 acres within the Williamsburg subdivision.  This registration expired on August 31, 2008.  (Exhibit B-6).  Order 08-203-MNPS was issued by ADEM on September 5, 2008 citing failure to maintain a valid registration on one day.  (Exhibit B-7).  NPDES Registration ALR165846 was granted to SDW, Inc. on June 10, 2009 for construction disturbance on 4.9 acres within the Williamsburg subdivision.  This acreage included Lots 1, 18, 19, 23, 28, 30, 31, 46 and 47.  This registration expired on August 31, 2009.  (Exhibit B-8).  SDW, Inc. engaged in construction disturbance activity without a valid registration from September 1, 2006 to January 27, 2008 (514 days) and from September 1, 2008 to June 9, 2009 (282 days).  (Exhibit B-9).  Despite that construction disturbance activity was continuing on-site after August 31, 2009 (Exhibit B-10) and that reclamation remained incomplete (Exhibits B-11 and B-12), the State of Alabama affirmatively released SDW, Inc. from any requirement to maintain a valid registration or to complete reclamation.  (Exhibit B-13)."

SDW Inc. ALR 165846 has been the source of many complaints, enforcement, and law suit for non-compliant activities at the site. A consent order required that SDW remove a certain amount of sediment from Camden Lake. It should be noted that since the deposition of sediment has never stopped, the required amount of sediment to be removed should be increased to include the time from the consent order to the current date of the removal.


In Nov., 2009 William Donald, attorney for SDW, entered a letter certifying that all reclamation had occurred with the exception of one lot belonging to McKinney Pruden Contractors.

At that time I inspected the site 0n 11/03 and 11/10/09. I took photographs of multiple violations and areas lacking reclamation and sediment entering the street and drains leaving multiple locations within the SDW permit boundaries. A ditch was cut in the top section of the property turning sediment-laden run-off to enter Abbey Trace subdivision down-grade.




According to Mr. Steve Jenkins, ADEM, he inspected the site and found it to be in total reclamation with the exception of the lot mentioned above. Mr. Jenkins seems to have worked very hard to allow this permit to be terminated without proper reclamation or permit transfer to Pruden McKinney.

SDW permitted the entire area of disturbance included in the Williamsburg Subdivision, permit ALR 165846. No permit transfer to Pruden McKinney ever took place. Therefore, SDW maintained responsibility for the site until completion and release or complete reclamation and closure of open disturbance. This is obviously not the case today and has always been in a disturbed condition.

On Aug 31 2009 the permit expired. No complete reclamation had occurred on disturbance created by SDW in the excavation of NPDES "SDW Inc. ALR 165846".



On 03/10/10 I took the following photos and wish to register the following complaint.



 ADEM has allowed SDW to terminate the NPDES permit without proper permit transfer of disturbed acreage.

ADEM has allowed the termination of the NPDES without proper reclamation.

SDW has allowed insufficient ground cover to cause erosion and deposition of sediment off-site.

SDW failed to install and maintain proper BMPs.

SDW failed to provide adequate ground cover.

SDW failed to provide adequate slope cover.

SDW allowed erosion gullies to become established through lack of adequate reclamation along the Abbey Trace / Williamsburg property boundaries..

SDW allowed turbid, silt laden water to enter the Camden Lake, located in the unnamed tributary of Cottondale Creek.

John L. Wathen

Hurricane Creekkeeper,
Friends of Hurricane Creek

Members of
WATERKEEPER Alliance
http://www.waterkeeper.org

Who has the authority to say someone else
is not being a good steward of the environment?

Anyone who notices.

Camden Lake complaint 03/12/10

To: EPA Region 4

Please accept the following complaint on behalf of John L. Wathen and Friends of Hurricane Creek concerning Builders Group Dev. Camden Lake



ALR 16B471. (BGD)

On 03/02,08,10/10, BGD had the following violations…

 Failed to properly install and maintain BMPs.

Failed to contain construction debris.

Allowed off-site tracking of mud and construction debris into streets.

Failed to provide adequate ground cover throughout the entire development.

Failed to provide approved gravel drive entrances to construction sites.

 Failed to provide adequate stormwater inlet protection.

Failed to provide a retention or detention pond as required.

                a.The basin found on the property is a lake and does not have a stand-pipe, trash screen or any other means of holding any storm surge.

Failed to provide adequate slope grade vegetation.

                 a. Many slopes throughout the subdivision are failing. The most notable is along the unnamed tributary of Cottondale Creek, directly across from Covington Villas. Inadequate measures have been taken to stabilize but all are failing. This will soon be in the creek along with any house built above it.

On 03/02,10/10, allowed turbid, silt laden water to leave the site into the unnamed tributary to Cottondale Creek.

There is NO ongoing construction in Williamsburg except one lot that has been idle for months.
There is NO ongoing construction at Abbey Trace where extensive attention has recently been paid to BMPs.












In my opinion, Williamsburg is contributing also, but most of the turbidity and sediment entering the unnamed tributary of Cottondale Creek can be directly traced back to BGD, Camden Lake.

Slopes surrounding the lake are bare in many places with failing or non-existent BMPs.

Circuit court sharply raises fine for Tuscaloosa developer

ADEM didn’t adequately punish erosion violations, ruling said

John Wathen, head of environmental watchdog group Friends of Hurricane Creek, stands near a ditch at Abbey Trace in 2008 overlooking the construction of Williamsburg subdivision on Buttermilk Road in Tuscaloosa.

By Jason Morton Staff Write

Published: Friday, March 12, 2010 at 3:30 a.m.
Last Modified: Thursday, March 11, 2010 at 11:39 p.m.

A Montgomery County Circuit Court has ruled the Alabama Department of Environmental Management inadequately punished a Tuscaloosa developer for violating erosion control rules.

The Lawsuit

Friends of Hurricane Creek sued SDW Inc., saying runoff from the subdivision was harming a tributary of Cottondale and Hurricane creeks.

The Ruling

The penalty against the developer was increased from $20,000 to $120,500

The ruling, issued Wednesday, increases the penalty against SDW Inc. for its Williamsburg subdivision, a development off Buttermilk Road, from $20,000 to $120,500, based on the minimum $100-per-day fine.

“Although ADEM is not required to impose the penalties recommended by the hearing officer, any finding of violation ... must be assessed at the statutory minimum imposed by the Alabama Code,” according to the ruling. “The Order issued by ADEM cited SDW Inc. for three violations ... and these violations continued for a total of 1,205 days.”

The suit was brought by the Friends of Hurricane Creek, a watchdog group headed by environmental advocate John Wathen.

“Friends of Hurricane Creek has been collecting evidence for years concerning Tuscaloosa developers who do not comply with the regulations,” Wathen said. “This is the first of many successes we expect in the coming years.”

He also said it’s the first time a state court has found that ADEM has improperly cited a developer for violating Alabama’s erosion control rules and ordered the fine increased.

Jerome Hand, spokesman for the state environmental division, declined to comment because of the ongoing litigation.

He did say, however, that ADEM officials had yet to decide whether to appeal the Circuit Court’s ruling. Should an appeal be filed, it will go before the Alabama Court of Civil Appeals.

Steven Dale Williams and Joe R. Lindsay Jr. did not return calls seeking comment on behalf of SDW Inc. The Alabama secretary of state’s Web site lists them as incorporators of the development company in July 2002.

Williamsburg was one of four housing developments on Buttermilk Road, just upstream from the Woodland Forrest Country Club, that Wathen identified in July 2008 as habitual violators of erosion control laws.

He pointed to an island that was growing from a pond near Hole 16 on the golf course. Wathen said the island grows larger with each heavy rain.

Wathen blamed the runoff on developers, whom he says are not using adequate erosion control measures, and the city of Tuscaloosa, which he said issued permits for the subdivisions but has not properly monitored them.

In September 2008, Wathen and Friends of Hurricane Creek filed suit against SDW Inc. for the Williamsburg subdivision, claiming that the runoff was causing environmental harm to an unnamed tributary of Cottondale and Hurricane creeks.

“We believe ADEM to be fundamentally broken and out of touch with enforcement regulations,” Wathen said after Wednesday’s ruling. “Cottondale Creek along Buttermilk Road is a prime example of such development out of control.”

The judge’s ruling came a day after Tuscaloosa Mayor Walt Maddox informed the City Council that it must find an estimated $200,000 to $250,000 to implement new storm drainage regulations.

The regulations are intended to prevent pollutants from washing into the Black Warrior River, Lake Tuscaloosa and other public waters, but they also are an unexpected blow to the city’s budget.

The Alabama Department of Environmental Management is imposing the regulations, which originated with the federal Environmental Protection Agency.

Part of the added responsibility for the city will be the primary enforcement of stormwater runoff regulations at construction sites during and after construction.

Until this mandate, that responsibility belonged to ADEM.

Reach Jason Morton at jason.morton@tuscaloosanews.com or 205-722-0200.

The The Lawsuit

 

Citizens Complaint, Covington Villas 03/11/10

To: EPA Region 4 and ADEM

Please accept the following complaint on behalf of John L. Wathen, Hurricane CREEKKEEPER©, Friends of Hurricane Creek, concerning Covington Villas.

Covington Villas, ALR164521

On 03/ 02,08,10/10, Covington Villas had the following violations…

Failed to properly install and maintain BMPs
Failed to contain construction debris
Allowed off-site tracking of mud and construction debris into streets
Failed to provide adequate ground cover throughout the entire development
Failed to provide approved gravel drive entrances to construction sites.
Failed to provide adequate stormwater inlet protection.
Failed to maintain sediment basin.
Failed to provide adequate slope grade vegetation.
On 03/10/10, allowed turbid, silt laden water to leave the site into the unnamed tributary to Cottondale Creek.
No NPDES.

This developer has been operating since 03/09 with no NPDES permit. All discharges into the unnamed tributary to Cottondale Creek have been “unpermitted discharges."
 All violations here are city permitted while the developer has NO NPDES discharge permit.

The city of Tuscaloosa issues every house-building permit on the site. They have the ability and authority to demand $500.00 per day, per violation. Since late 2007 there has NEVER been a single fine issued or collected at this location. There has been no attempt by Tuscaloosa engineers or planners to address the 32% reduction called for in the TMDL for Hurricane Creek. All of this is direct evidence of non-complaint behavior on the part of Tuscaloosa as well as the developer. In this case, there is actually a Tuscaloosa building inspector living in the subdivision. He drives through the violations, dirt, and mud daily. He lives next door to one of the worst sites out there. His lack of action is a direct indicator of Tuscaloosa’s unwillingness to enforce the regulations.


I spoke with city engineer Chad Christian about this after unsuccessfully trying to log a complaint on the city 311 line. Chad’s response here in below…
“I have asked Ronnie Pugh to address the concrete truck spills into the ROW and the erosion leaving the vacant lots (with the developer), and the Inspection Department to get the home sites in shape and the road cleaned up (by the builder). If we don’t get satisfaction by the end of this week I plan to go to the magistrate for violation(s) of the City code. We are committed to getting this right and everyone should know better by now.”


Covington Villas is still operating with no BMPs in place and failing BMPs or inadequately installed BMPs. I found NO warnings, stop work orders, or any indication of compliance. I believe this is another case of the city protecting developers from accountability. If this goes before a magistrate, which I doubt, it would be Mr. Burns second offense in a year.

ADEM, has caused no deterrent to Trick Construction and or Burns Construction and their consistent non-complaint conditions. Warnings and orders issued are ignored for the most part. Even EPA Region 4 has had little effect of the conditions of the site. (Burns is also owner of Jamestown Villas, ALR16ECN5)(( Trick is owner of Easton Place ALR16EAAY))

We therefore ask for EPA notices of violation and enforcement orders with penalty.

John L. Wathen
Hurricane Creekkeeper,
Friends of Hurricane Creek

Members of
WATERKEEPER Alliance
http://www.waterkeeper.org

Who has the authority to say someone else
is not being a good steward of the environment?

Anyone who notices.

PRESS RELEASE For Immediate Release

PRESS RELEASE
For Immediate Release
From: Friends of Hurricane Creek

Hurricane Creekkeeper

            John L. Wathen,
         hccreekkeeper@hughes.net
         205-233-1680
         205-507-0867

Re: Circuit Court orders $120,500 minimum penalty for developer’s stormwater violations

03/10/10,

Friends of Hurricane Creek / Hurricane CREEKKEEPER filed multiple complaints concerning the Williamsburg Subdivision, owned by SDW, Inc., for stormwater violations that resulted in sediment and other pollutants leaving the Buttermilk Road development.
(for more info on stormwater violators visit http://mudbuster.blogspot.com )

ADEM fined SDW $20,000 for over 700 days of documented violations. ADEM is required to levy a minimum of $100 per violation per day.

FoHC appealed to the Environmental Management Commission with the help of David Ludder, a Tallahassee attorney for FoHC. FoHC presented evidence to the Commission of over 2,000 days of violations. The Commission refused to modify the ADEM penalty so FoHC filed an appeal to Montgomery Circuit Court.  On March 10, the Court reversed ADEM and ordered that the $20,000 penalty be increased to a minimum of $120,500.

Judge Charles Price signed the attached order yesterday while the Tuscaloosa News press was rolling this headline for the days edition “New storm drainage rules to cost city nearly $250,000”

Friends of Hurricane Creek, Hurricane CREEKKEEPER, hail this as a tremendous victory in the battle against developer produced pollution and run-off!

The price for polluting Tuscaloosa’s waterways just went up. It will no longer be cheaper to break the laws than to obey them.

 The Order…

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA



FRIENDS OF HURRICANE CREEK,

WATHEN JOHN,

                                               Plaintiffs,

V.    Case No.:   CV-2009-001320.00



ENVIRONMENTAL

MANAGEMENT DEPT OF

ALABAMA,

ALABAMA ENVIRONMENTAL

MANAGEMENT COMMISSION,

SDW INC,

                                               Defendants.



FINAL ORDER



The above-styled matter came before the Court on February 8, 2010 on the

Plaintiff's Motion for Summary Judgment. The Court notes the following facts in

the record:



1.     On September 5, 2008, the Alabama Department of Environmental Management

("ADEM") issued Administrative Order 08-203-MNPS to SDW Inc., assessing a

$20,000 penalty for violations of the ADEM Administrative Code and the Alabama

Water Pollution Control Act at the Williamsburg facility, a residential subdivision

constructed by SDW, Inc., in Tuscaloosa County, Alabama.



2.     The Plaintiffs filed a request for a hearing with the Alabama Environmental

Management Commission ("AEMC") contesting the civil penalty of $20,000

imposed by the Order, contending that the penalty must be set at the mandatory

minimum per the statute.



3.     AEMC dismissed the Plaintiffs' request for a hearing, and plaintiff filed this

appeal.



The Alabama Administrative Procedures Act (“AAPA”) governs the standard of

review of administrative agency’s decision. Ala. Code (1975) §41-22-20. Under the

AAPA, the court may reverse an administrative decision only under limited

circumstances. Based on the record, the Court finds that the ADEM Order 08-203

MNPS is in violation of the statutory provisions. Ala. Code 1975 §41-22-20

(k). Pursuant to the Alabama Code §22-22A-5(18) (c), "any civil penalty assessed .

. . shall not be less than $100.00 or exceed $25,000.00 for each violation, provided

however, that the total penalty assessed in an order issued by the department . . .

shall not exceed $250,000.00. Each day such violation continues shall constitute a

separate violation for purposes of this subdivision." The ADEM and the AEMC's

hearing officer found that SDW violated ADEM rules and regulations. ADEM



Order 80-203 MNPS assessing civil penalties in the amount of  $20,000 against SDW Inc.'s is a clear failure to assess the statutory minimum penalty amount of $100 per day for each violation and $100 per day for each day of continued violation as required by §22-22A-5(18)(c).



Although, ADEM is not required to impose the penalties recommended by the

hearing officer, any finding of violation noted in Administrative Order 08-203

MNPS must be assessed at the statutory minimum imposed by the Alabama Code

§22-22A-5(18)(c). The Order issued by ADEM cited SDW Inc. for three (3)

violations pursuant to ADEM Admin. Code rs. 335-6-12-.05(1), 335-6-12-.11(1),

335-6-12-.05(2), and 335-6-12-.35(10) (a), respectively and these violations

continued for a total of 1205 days (See Order 08-203-MNPS FINDINGS #7, 12,

and 13).



Based on the above stated facts from the record, the Court hereby finds that the

decision of ADEM's assessment of civil penalties in the amount of $20,000 is a

violation of the statutory minimum, which must be imposed at $100 per violation

and $100 per day for each day of continued violation.

Based on the facts and statutory demands, it is ORDERED, ADJUDGED AND

DECREED that ADEM shall assess a civil penalty in the amount demanded by the

statute for the violations cited within Administrative Order 08-203 MNPS.

DONE this 10th day of March, 2010.



 __________ /s/ Charles Price___________

CHARLES PRICE, PRESIDING CIRCUIT JUDGE



John L. Wathen
Hurricane Creekkeeper,
Friends of Hurricane Creek

Members of
WATERKEEPER Alliance
http://www.waterkeeper.org

Who has the authority to say someone else
is not being a good steward of the environment?

Anyone who notices.