ADEM issues landfill permitPublished 11:00pm Friday, March 29, 2013
The Alabama Department of Environmental Management (ADEM) has transferred the permit to operate the landfill in Brundidge to Brundidge Acquisitions.
“ADEM transferred the permit despite having been made aware that, by doing so, the bankruptcy court was going to essentially void the host government agreement which would leave our community without the protections the host agreement provides,” said Brundidge City Manager Britt Thomas.
“We are very dismayed that ADEM approved the transfer and was not willing to allow the ongoing declaratory judgment action in Pike County, which will eventually resolve the legality of the proposed acquisition, to proceed.”
Thomas said that the City of Brundidge also has serious concerns as to why the landfill permit was transferred so quickly and without consultation with Brundidge.
“This was done despite several conversations and email exchanges to the contrary and the fact that ADEM’s own Transfer of Permit rules states that permits are not transferable except under certain conditions.
According to ADEM Admin. Code R. 335-13-5-.07, permits are not transferable except as follows: a notification must be submitted to and approved by the Department prior to any proposed transfer from one person or company to another or name change of any permitted facility; the notification must be submitted to the Department at least 30 days prior to the proposed transfer; information regarding the transfer must be submitted on form(s) designated by the Department.
Thomas said the permit was transferred on March 22.
“The permit was transferred in four days,” Thomas said. “Thursday, we raised this issue directly with ADEM’s director, Mr. Lance LeFleur, and attempted to point out the mistake that ADEM had apparently made. Nevertheless, Mr. LeFleur declined to rescind the permit.
“Accordingly, Friday, the City, regretfully, filed an administrative appeal of ADEM’s action which will be heard by the Alabama Environmental Management Commission. The City is considering additional legal action as well.”
Brundidge Acquisitions has not yet purchased the landfill. The case remains in bankruptcy court in New Jersey.