October 18, 2019 Alabama Environmental Management Commission Meeting
Here are my notes from the Alabama Environmental Management Commission (AEMC) meeting today in Montgomery, Alabama at the Alabama Department of Environmental Management (ADEM).
Dr. Samuel L. Miller was re-elected Chair, and H. Lanier Brown was re-elected Vice-Chair.
ADEM Director Lance LeFleur provided an update on the Department’s 2019 and 2020 Operating Plans that implement the five-year AEMC/ADEM Unified Strategic Plan that was updated in 2019. Community engagement is one of the strategic goals and a recently released Community Engagement report is available on the ADEM website at:
http://adem.alabama.gov/MoreInfo/pubs/ADEMCommunityEngagement.pdf
Director LeFleur’s report to the commission included a discussion of the following factors contributing to non-compliance by municipal waste water systems in Alabama (all the factors he discussed are not included in this list):
The high costs to build, operate, and maintain these systems. Municipal waste water systems are a large user of energy.
Alabama’s municipal waste water systems are old. Many of these systems have exceeded their design life.
Lack of funding to maintain and operate these systems
Limited regulatory enforcement options are available to stop non-compliance. Many of the municipal governments simply don’t have the resources to address compliance issues and a community crisis would result if ADEM were to order a system shut-down.
Significant investment in Alabama’s municipal waste water treatment systems is urgently needed. State Revolving Fund (SRF) loans are available from ADEM at low interest rates to enable system improvements. Free energy assessments are available from ADEM to help these systems improve energy efficiency and save money that might be used to address other operational issues. The City of Hanceville, Alabama was recognized at the meeting with an award for their innovative use of solar power to lower energy costs.
With respect to legal matters involving the Department, Director LeFleur reports that on September 12 the 11th Circuit Court of Appeals upheld EPA’s dismissal of a petition from environmental activist groups requesting that EPA withdraw NPDES permitting authority under the Clean Water Act from ADEM.
In other legal matters, the Alabama Court of Civil Appeals recently held against the Department in a case challenging ADEM regulations allowing alternative daily landfill cover in lieu of compacted earth. Director reports that the Alabama Solid Waste Disposal Act does not provide for daily cover alternatives to compacted earth; nonetheless, such alternatives are widely used, approved by EPA, and have been effectively used in Alabama for more than 25 years.
AEMC Chair Miller reported that Commissioners recently met with public stakeholders to discuss coal ash issues.
At today’s meeting, the Personnel Committee reported on the ADEM Director job performance evaluation. Over 220 public comments were received by the Committee and a compilation of the comments is available from Debbie Thomas. The Committee recommended retaining Director LeFleur with no change to his current salary and the Commission voted to accept that recommendation.
During the public comment period of the meeting, the following two topics were addressed:
Two speakers raised concerns about the land application of waste water sludge and poultry waste water saying that such practices present a high risk of land and water contamination. They believe that there are inadequate standards in place to control such practices. In support of their arguments, they drew attention to an ADEM brochure encouraging people to pick up after their pets because of harmful fecal coliform risks. They believe that waste water sludge and poultry waste water present the same type of risk.
One speaker pressed the Commission to have a public hearing and vote on whether Alabama Power can cap certain coal ash disposal ponds in place.
The next AEMC meeting is scheduled for December 13, 2019.