The Alabama Department of Environmental Management (“ADEM”) issued an April 5, 2023 Order to Adrian Cardenas DBA Stevenson Tires (“Stevenson”) alleging violations of certain ADEM Admin. Code provisions addressing scrap tires. See Order NO. 23-XXX-ST.
The Order provides that Stevenson is the operator of a registered class one scrap tire receiver (“facility”) in Jackson County, Alabama.
The facility was therefore issued a class one scrap tire receiver registration.
ADEM stated to have received a complaint regarding a large tire pile and abandoned vehicles at the facility on August 19, 2021. As a result, ADEM personnel are stated to have conducted a compliance inspection of the facility to determine compliance with ADEM scrap tire regulations.
Alleged violations are stated to include:
- Scrap tires were observed around the facility to have been exposed to elements for over one year.
- Scrap tires were observed in front and behind the facility that had been exposed to the elements for greater than 30 days with no Vector Control Plan in place.
- Certain required information was not available during inspection.
- Approximately 2,500-3,000 scrap tires were observed in front, and behind the facility in exceedance of the approved storage limit for class one receivers.
- No reports have been received from the facility since the registration was issued on January 6, 2016.
Stevenson is stated to have submitted a response to a 2021 ADEM notice of violation indicating it was working to get a letter of commitment from a permitted transporter to ensure a scheduled date for disposal.
ADEM personnel are stated to have conducted a follow-up inspection on the February 15, 2021 to determine compliance with ADEM scrap tire regulations. The previously referenced violations are stated to have remained in non-compliance. A December 19, 2022 ADEM inspection is stated to have been undertaken to determine compliance with ADEM scrap tire regulations.
The Order requires that Stevenson:
- Cease from accumulating any scrap tire materials in excess of established accumulation limits
- Not later than 45 days after the issuance of the Order pay ADEM a civil penalty in the amount of $11,950.00
- Submit to ADEM for approval, a corrective action plan including a proposed timeline for such activities which address the alleged violations referenced in the Order
A copy of the order can be downloaded here.
