We continue to empathize with the thousands of people affected by the smoke from the uncontrolled burning of the Environmental Landfill, Inc. unauthorized dump.
The Alabama Department of Environmental Management has released two statements containing the following assertions:
December 22, 2022 –
-The site was being used for the disposal of vegetative matter (leaves, limbs, trees, shrubs and similar materials). That use is not a regulated activity (like the disposal of household wastes) and is not subject to regulatory oversight.
-It appears that unauthorized solid waste (i.e. non-vegetative) was removed from the site following an ADEM enforcement action prior to the fire.
December 29, 2022 –
The site was being used for the disposal of vegetative matter (leaves, limbs, trees, shrubs and similar materials). That use is not a regulated activity (unlike the disposal of household wastes, which is regulated) and is not subject to state regulatory oversight or permits. None of this vegetative matter is considered hazardous waste. The smoke is similar to that associated with a forest fire.
After past ADEM inspections found unauthorized waste materials (non-vegetative) at the site, ADEM issued notices of violation to the operator, and the operator took steps to remove the unauthorized materials in 2018.
Our sampling results, field investigations, conversations with adjacent landowners and ADEM inspections on 8-10-22 and 12-15-22 contradict these statements. The 8-10-22 inspection includes an admission by the operator of the landfill that regulated waste remains buried on site and they were developing an 18 month plan to remove that waste. No plan was requested or submitted to ADEM, and there is no evidence any effort was made after that date to remove prohibited waste, which ADEM has documented as tires, shingles, construction debris, treated wood pallets, power poles, electronics, household waste, and petroleum contaminated soil. Interestingly, ADEM did not document any tires during the 12-15-22 inspection, despite the fact that they are clearly visible throughout the site. The sign for acceptable waste at the facility includes asphalt, which is prohibited, but was never flagged by ADEM. ADEM has designated this site as an unauthorized dump since 2013, and despite assurances from ADEM Director Lance LeFleur, the site was never cleaned up. The only evidence of any effort to clean up the site in the public record are four receipts spanning nearly five years documenting the disposal of some regulated material at an approved landfill totaling $517.65.
We agree that extinguishing the fire is the primary concern at this point, but believe both ADEM and county officials have the ability and manpower to simultaneously investigate what is burning and the impacts to air and water quality. Prior to the air quality samples collected by EPA at the request of ADEM, we are unaware of any sampling efforts of air or water quality by any state agency. Rather, two member-funded non-profits have funded both sampling and monitoring in an effort to address the reasonable questions and fears of residents both in the immediate area and miles in every direction.
While we recognize that ADEM has been underfunded by the state legislature, we cannot agree that better funding will solve this problem. ADEM has investigated the site numerous times since 2013, documented repeatedly that the site was an unauthorized dump, required the operator to submit a closure plan to be approved by ADEM prior to any remediation which was ignored, and according to ADEM records never referred the site to the EPA, St. Clair County, the City of Moody, the St Clair County Health Department or the St. Clair County EMA until after the fire started ADEM did not request assistance with air monitoring until well after GASP provided air monitors for affected residents. Nor did ADEM ever issue a single fine, despite repeatedly issuing Notice of Violations. Instead, ADEM relied on the word of an operator who had demonstrated over a number of years an effort to hide waste on site, ignore department requests, all while continuing to accept regulated waste at an unauthorized landfill. Better funding will not solve this problem. At minimum, the legislature should require ADEM Director Lance LeFleur to answer why this problem was allowed to turn into a disaster, impacting both human health and the environment.
We do not believe the responsibility for these failures should fall on the inspectors at ADEM who documented the problem, but rather the leadership at ADEM who repeatedly demonstrate at unwillingness to hold polluters accountable.