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Notice of Violation

The Alabama Department of Environmental Management (ADEM) issued a Notice of Violation to Big Sky Environmental LLC for operating a railyard at its solid waste facility without modifying its permit. ADEM regulations and the facility's permit require submitting a modification request 120 days prior to any changes. During an inspection, ADEM found Big Sky accepting waste via rail without permit approval. Big Sky must cease rail operations and comply with the notice, or face further enforcement action including penalties.

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512 views1 page

Notice of Violation

The Alabama Department of Environmental Management (ADEM) issued a Notice of Violation to Big Sky Environmental LLC for operating a railyard at its solid waste facility without modifying its permit. ADEM regulations and the facility's permit require submitting a modification request 120 days prior to any changes. During an inspection, ADEM found Big Sky accepting waste via rail without permit approval. Big Sky must cease rail operations and comply with the notice, or face further enforcement action including penalties.

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CBS 42
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LANCER.

LEFLEUR

ADEM
KAY IvEy
DIRECTOR GOVERNOR

Alabama Department of Environmental Management


adem. alabama. gov
1400 Coliseum Blvd. 361lD- 2400 a Post Office Box 30U63

Montgomery, Alabama 36130- 1463


334) 271- 7700• FAX( 334) 271- 7960

February 2, 2022

CERTIFIED MAIL 9489 0090 0027 6203 5761 71

Mr. Jonathan Click

Big Sky Environmental, LLC


Post Office Box 567
Graysville, Alabama 35073

Re: Notice of Violation

Big Sky Environmental LLC Solid Waste Facility


Permit No. 37- 48

Dear Mr. Click:

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,

Stephen A. Cobb, Chief


Land Division

Birmingham Branch Decatur Branch Mobile Branch Mobile- Coastal


110 Vulcan Road 2715 Sandlin Road, S. W. 22N Perimeter Road 4171 commanders Drive

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)

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