Professional Documents
Culture Documents
Notice of Violation
Notice of Violation
LEFLEUR
ADEM
KAY IvEy
DIRECTOR GOVERNOR
February 2, 2022
On February 1, 2022, Department personnel conducted a site visit of the referenced facility. During the
visit, the Department documented that a railyard has been constructed within the facility boundary for the
rail transportation of waste material. The acceptance of waste material via rail and the associated facility
operations are not currently included in the facility permit or operations plan.
Big Sky Environmental LLC is hereby notified that it is in violation of ADEM Solid Waste regulations
contained in Division 335- 13 of the ADEM Administrative Code, as well as sections of Solid Waste
Permit No. 3748. Specifically, ADEM Admin. Code r. 335- 13- 5-. 02( 5) requires that the permittee must
submit a request to the Department for modification of the permit at least 120 days prior to the anticipated
change. Departmental approval must be received prior to implementation of the proposed change.
Furthermore, Section I. E. 10 of the facility permit states that any change in the design or operating
procedures as described in the permit would require modification of the permit. In accordance with
ADEM Admin. Code r. 335- 13- 5-. 06( 2)( b), this change would be a considered a minor modification
subject to the provisions of 335- 13- 5-. 04 for public participation. To date, no permit modification request
has been received for the operation of the railyard.
Immediately upon receipt of this notice, Big Sky Environmental LLC shall cease and desist the
operation of the railyard for the rail transportation of waste material until such time as the permit
is appropriately modified. Be advised that the Department retains the option to take further enforcement
action, including the imposition of monetary penalties for the noted violation, as well as for failure to
comply with the requirements of this notice. If you have any questions regarding this enforcement action,
please contact Heather Jones at 334- 271- 7849 or via email at hjones . adem. alabama. gov.
Sincerely,
Birmingham, AL 35209- 4702 Decatur, AL 35603- 1333 Mobile, AL 36615- 1131 Mobile, AL 3661& 1421
205) 9426168 256) 353- 1713 251) 450- 3400 251) 432A533
205) 941- 1603( FAX) 256) 340- 9359( FAX) 251) 479- 2593( FAX) 251) 432- 6598( FAX)