Stormwater Enforcement: Alabama Department of Environmental Management and Blount County, Alabama, Construction Project Operator Enter into Consent Order

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Alabama Department of Environmental Management (“ADEM”) and High Tide Oil Company (“High Tide”) entered into a March 26th Consent Order (“CO”) addressing alleged violations of a Clean Water Act Stormwater National Pollution Discharge Elimination System (“NPDES”) permit. See Consent Order 19-XXX-COD.

High Tide is stated to be constructing a commercial development denominated the Hayden Travel Center (“Facility”) in Blount County, Alabama.

The CO states that sediment and other pollutants in stormwater runoff from the Facility have the potential to discharge and/or have discharged to Sibleyville Creek (a water of the state).

High Tide is stated to have submitted to ADEM a Notice of Intent requesting NPDES coverage under NPDES General Permit ALR10000 (“Permit”). Authorization was granted to High Tide as an operator on May 2, 2017.

The CO alleges certain violations of the Permit based on an ADEM inspection which include:

  • Failure to properly implement and maintain effective best management practices
  • Accumulations of sediment resulting from discharges at the Facility

A civil penalty of $9,900 is assessed. High Tide is also required to take certain actions to address stormwater leaving the Facility.

A copy of the CO can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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