AlaFile E-Notice

38-CV-2017-900601.00

To: CARRIE TOMPKINS BLANTON

carrie.blanton@adem.alabama.gov

NOTICE OF ELECTRONIC FILING

IN THE CIRCUIT COURT OF HOUSTON COUNTY, ALABAMA

ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT V. TOWN OF GORDON

38-CV-2017-900601.00

The following complaint was FILED on 11/3/2017 2:23:53 PM

Notice Date: 11/3/2017 2:23:53 PM

CARLA H. WOODALL
CIRCUIT COURT CLERK
HOUSTON COUNTY, ALABAMA
P.O. DRAWER 6406
DOTHAN, AL, 36302

334-677-4859
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ELECTRONICALLY FILED
11/3/2017 2:24 PM
38-CV-2017-900601.00
State of Alabama Case Number: CIRCUIT COURT OF
COVER SHEET HOUSTON COUNTY, ALABAMA
Unified Judicial System
CIRCUIT COURT - CIVIL CASE 38-CV-2017-900601.00
CARLA H. WOODALL, CLERK
(Not For Domestic Relations Cases) Date of Filing: Judge Code:
Form ARCiv-93 Rev.5/99
11/03/2017

GENERAL INFORMATION
IN THE CIRCUIT COURT OF HOUSTON COUNTY, ALABAMA
ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT v. TOWN OF GORDON

First Plaintiff: Business Individual First Defendant: Business Individual

Government Other Government Other

NATURE OF SUIT: Select primary cause of action, by checking box (check only one) that best characterizes your action:

TORTS: PERSONAL INJURY OTHER CIVIL FILINGS (cont'd)

WDEA - Wrongful Death MSXX - Birth/Death Certificate Modification/Bond Forfeiture Appeal/
TONG - Negligence: General Enforcement of Agency Subpoena/Petition to Preserve

TOMV - Negligence: Motor Vehicle CVRT - Civil Rights

TOWA - Wantonness COND - Condemnation/Eminent Domain/Right-of-Way
TOPL - Product Liability/AEMLD CTMP - Contempt of Court
TOMM - Malpractice-Medical CONT - Contract/Ejectment/Writ of Seizure
TOLM - Malpractice-Legal TOCN - Conversion
TOOM - Malpractice-Other EQND - Equity Non-Damages Actions/Declaratory Judgment/
TBFM - Fraud/Bad Faith/Misrepresentation Injunction Election Contest/Quiet Title/Sale For Division

TOXX - Other: CVUD - Eviction Appeal/Unlawful Detainer

FORJ - Foreign Judgment
TORTS: PERSONAL INJURY FORF - Fruits of Crime Forfeiture
TOPE - Personal Property MSHC - Habeas Corpus/Extraordinary Writ/Mandamus/Prohibition
TORE - Real Properly PFAB - Protection From Abuse
FELA - Railroad/Seaman (FELA)
OTHER CIVIL FILINGS
RPRO - Real Property
ABAN - Abandoned Automobile
WTEG - Will/Trust/Estate/Guardianship/Conservatorship
ACCT - Account & Nonmortgage
COMP - Workers’ Compensation
APAA - Administrative Agency Appeal
CVXX - Miscellaneous Circuit Civil Case
ADPA - Administrative Procedure Act
ANPS - Adults in Need of Protective Service

ORIGIN: F INITIAL FILING A APPEAL FROM O OTHER

DISTRICT COURT

R REMANDED T TRANSFERRED FROM

OTHER CIRCUIT COURT

Note: Checking "Yes" does not constitute a demand for a

HAS JURY TRIAL BEEN DEMANDED? YES NO jury trial. (See Rules 38 and 39, Ala.R.Civ.P, for procedure)

RELIEF REQUESTED: MONETARY AWARD REQUESTED NO MONETARY AWARD REQUESTED

ATTORNEY CODE:
TOM024 11/3/2017 2:24:52 PM /s/ CARRIE TOMPKINS BLANTON
Date Signature of Attorney/Party filing this form

MEDIATION REQUESTED: YES NO UNDECIDED

 DOCUMENT 2
ELECTRONICALLY FILED
11/3/2017 2:24 PM
38-CV-2017-900601.00
CIRCUIT COURT OF
HOUSTON COUNTY, ALABAMA
IN THE CIRCUIT COURT FOR HOUSTON COUNTY, ALABAMA
CARLA H. WOODALL, CLERK

________________________________________
)
ALABAMA DEPARTMENT OF )
ENVIRONMENTAL MANAGEMENT, )
)
Plaintiff, )
) CV-2017-_____
v. )
)
TOWN OF GORDON, )
)
Defendant. )
________________________________________ )

COMPLAINT

1. This is an action brought pursuant to Ala. Code §§ 22-22A-5(18) and (19), and 22-22A-

7(c)(7), as amended, to enforce ADEM Administrative Order 15-081-WP (hereinafter “the Unilateral

Order”), issued by the Alabama Department of Environmental Management to the Defendant the Town

of Gordon on July 21, 2015, and to address new violations of the Defendant’s Permit, state law and

ADEM regulations.

THE PARTIES

2. The Alabama Department of Environmental Management (hereinafter “the Department”

or “ADEM”) is an agency of the State of Alabama and, pursuant to the Alabama Environmental

Management Act, Ala. Code §§ 22-22A-1 to 22-22A-17, as amended, is authorized to seek judicial

enforcement of the Alabama Water Pollution Control Act (hereinafter “AWPCA”), Ala. Code §§ 22-22-

1 to 22-22-14, as amended.

3. The Town of Gordon (hereinafter “Permittee” or “Defendant”) is a municipal corporation

operating a wastewater treatment plant (hereinafter “WWTP”) known as the Town of Gordon WWTP

located on Curtis Mixon Road, in Gordon, Houston County, Alabama, that discharges pollutants to the

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Chattahoochee River, a water of the State. The Defendant is a “person” within the meaning of Ala. Code

§ 22-22-1(b)(7), as amended, and is responsible for compliance with the AWPCA, its ADEM Permit,

and all applicable ADEM regulations.

JURISDICTION AND VENUE

4. The Court has jurisdiction and venue over this Complaint pursuant to Ala. Code § 22-

22A-5(18)b. and § 22-22A5(19), as amended.

GENERAL ALLEGATIONS

5. The Department reissued National Pollutant Discharge Elimination System Permit

Number AL0073202 (hereinafter “the Permit”) to the Defendant on August 24, 2010, effective

September 1, 2010. The Permit was again reissued on January 22, 2016, effective February 1, 2016.

The Permit establishes limitations and conditions on the discharge of pollutant from a point source,

described therein as Outfall 0011, to the Chattahoochee River, a water of the State. The Permit requires

that the Defendant monitor its discharges and submit periodic Discharge Monitoring Reports (hereinafter

“DMRs”) to the Department describing the results of the monitoring. The Permit also requires that the

Defendant properly operate and maintain all facilities and systems of treatment and control which are

installed or used by the Defendant to achieve compliance with the conditions of the Permit.

6. The Department issued the Unilateral Order to the Defendant on July 21, 2015. The

Unilateral Order required the Defendant to submit updated noncompliance notifications forms, submit

an Engineering Report and Quarterly Progress Reports, and comply with the Permit limitations for pH,

Total Suspended Solids Percent Removal, Carbonaceous Biochemical Oxygen Demand (hereinafter

“CBOD”), CBOD Percent Removal, and Dissolved Oxygen. Compliance with the above noted permit

limitations and implementation of the recommendations provided in the Engineering Report was

required not later than October 31, 2017. The Unilateral Order is attached hereto as “Exhibit A” and is

incorporated as if fully set out herein.

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7. Defendant failed to seek review of the Unilateral Order before the Alabama

Environmental Management Commission pursuant to Ala. Code § 22-22A-7, as amended. Accordingly,

pursuant to Ala. Code § 22-22A-7(c)(7), as amended, the Unilateral Order is not subject to judicial

review in this civil proceeding for enforcement.

8. The Unilateral Order required the Defendant to submit updated noncompliance

notification forms by September 19, 2015. These forms were not received by the Department until

October 16, 2015.

9. The Unilateral Order required the Defendant to submit Quarterly Progress Reports to the

Department beginning ninety days after issuance of the order and continuing every ninety days

thereafter. The Progress Reports the Defendant failed to submit in a timely manner or failed to submit at

all are set forth in attachment “Exhibit B” which is incorporated as if fully set out herein.

10. On May 2, 2017, the Department received a Progress Report from the Defendant

indicating that construction to improve the Facility was not anticipated to begin until the second quarter

of 2018, well after the October 31, 2017 Unilateral Order compliance deadline.

11. The Defendant has failed to achieve compliance by the October 31, 2017 deadline.

12. Permit Condition I.A requires that discharges be limited and monitored as specified in

the Permit. The Defendant submitted DMRs to the Department indicating that the Defendant has

discharged pollutants from a point source, Outfall Number 0011, to the Chattahoochee River, in violation

of the limitations established in the Permit. The months the violations occurred and the parameters

violated are listed in “Exhibit C” which is incorporated as if fully set out herein.

13. Permit Condition I.C.1.b requires that the Permittee submit DMRs so that they are

received by the Department no later than the 28th day of the month following the reporting period. The

Defendant has failed to submit DMRs for the May 2017, June 2017, July 2017, and August 2017

monitoring periods. Also, the Defendant failed to submit the DMRs for the monitoring periods as

described in Exhibit C on time.

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14. Ala. Code § 22-22-9(i)(3) requires that a permit be obtained prior to discharging any new

or increased pollution into any water of the State. The Defendant reported one unpermitted discharge to

the Department in the form of a Sanitary Sewer Overflow (hereinafter “SSO”) on April 19, 2016.

15. The Defendant failed to notify the county health department and the public of the April

19, 2016 SSO, as required by Permit Condition I.C.2.d.

16. The Defendant also failed to submit an SSO Report to the Department within five days

of becoming aware of the April 19, 2016 SSO, as required by Permit Condition I.C.2.f.

17. Defendant’s failure to comply with the terms and requirements the Unilateral Order, the

AWPCA, and all applicable ADEM regulations has resulted in a continuing threat of pollution and

discharges into waters of the State.

COUNT I

18. The Department incorporates paragraphs 1-17 herein by reference.

19. Defendant has failed to comply with the Unilateral Order, and thus remains in violation

of its Permit, the AWPCA, ADEM regulations and applicable State law.

COUNT II

20. The Department incorporates paragraphs 1-19 herein by reference.

21. Pursuant to Ala. Code § 22-22A-5(18)b., as amended, Defendant is due to be assessed

additional civil penalties by this Court for failing to comply with the Unilateral Order, its Permit, the

AWPCA, and ADEM regulations.

PRAYER FOR RELIEF

WHEREFORE, the Department requests the following relief, to-wit:

A. That this Court temporarily and permanently enjoin Defendant from continuing to violate

the Unilateral Order, its Permit, all applicable ADEM regulations, and the AWPCA.

B. That this Court Order Defendant to comply fully with the Unilateral Order, its Permit,

applicable ADEM regulations, and the AWPCA.

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 DOCUMENT 2

C. That this Court grant such further relief against Defendant as may be warranted under the

circumstances, including but not limited to the imposition of a civil penalty, pursuant to Ala. Code (1975)

§ 22-22A-5(18)c., for Defendant’s failure to comply with the Unilateral Order, its Permit, the AWPCA,

and applicable ADEM regulations as described above in this Complaint.

D. That this Court enter judgment under Counts I and II against Defendant and in favor of

the Plaintiff for the maximum penalty allowed by law.

E. That this Court enter judgment against Defendant for all costs of this action.

3rd day of _____________,

DONE this _____ November 2017.

Respectfully submitted,

STEVE MARSHALL
ATTORNEY GENERAL

/s/ Carrie Blanton

Carrie Blanton (TOM024)
Assistant Attorney General

ADDRESS OF COUNSEL:
Alabama Department of Environmental Management
Office of General Counsel
P.O. Box 301463
Montgomery, AL 36130-1463
(334) 271-7855 (Office)
(334) 394-4332 (Telefax)
Carrie.Blanton@adem.alabama.gov

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DOCUMENT 3
"Exhibit A" ELECTRONICALLY FILED
11/3/2017 2:24 PM
38-CV-2017-900601.00
CIRCUIT COURT OF
HOUSTON COUNTY, ALABAMA
CARLA H. WOODALL, CLERK
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ELECTRONICALLY FILED
11/3/2017 2:24 PM
38-CV-2017-900601.00
Exhibit B Town of GordonCOURT
CIRCUIT WWTP OF
AL0073202
HOUSTON COUNTY, ALABAMA
CARLA H. WOODALL, CLERK

Progress Report Due Date Progress Report Received Date Number of Days Late
January 17, 2016 January 22, 2016 5
April 16, 2016 April 18, 2016 2
January 11, 2017 May 2, 2017 111
April 11, 2017 May 2, 2017 21
July 10, 2017 Not Received >90
October 8, 2017 Not Received >5
 DOCUMENT 5
ELECTRONICALLY FILED
11/3/2017 2:24 PM
38-CV-2017-900601.00
Exhibit C Town CIRCUIT
of GordonCOURT
WWTP OF
Permit.
HOUSTON No. COUNTY,
AL0073202 ALABAMA
CARLA H. WOODALL, CLERK
Limitation Violations

Monitoring Permit Reported

Parameter Unit Limit Type
Period Limit Value
January 2015* pH 9.0 9.1 S.U. Maximum Daily
Monthly Average
January 2015* CBOD5% Removal 85.0 84.3 %
Minimum
Monthly Average
March 2015* TSS% Removal 65.0 56.3 %
Minimum
April 2015* pH 9.0 9.8 S.U. Maximum Daily
Monthly Average
April 2015* CBOD5% Removal 85.0 78.2 %
Minimum
Monthly Average
April 2015* TSS% Removal 65.0 55.1 %
Minimum
May 2015* pH 9.0 9.4 S.U. Maximum Daily
Monthly Average
May 2015* CBOD5% Removal 85.0 68.0 %
Minimum
Monthly Average
May 2015* TSS% Removal 65.0 21.2 %
Minimum
June 2015* pH 9.0 9.7 S.U. Maximum Daily
Monthly Average
June 2015* CBOD5% Removal 85.0 78.4 %
Minimum
Monthly Average
June 2015* TSS% Removal 65.0 0.3 %
Minimum
Monthly Average
July 2015* CBOD5% Removal 85.0 55.3 %
Minimum
Monthly Average
July 2015* TSS% Removal 65.0 0.0 %
Minimum
September 2015* pH 9.0 10.0 S.U. Maximum Daily
Monthly Average
September 2015* CBOD5% Removal 85.0 72.8 %
Minimum
Monthly Average
September 2015* TSS% Removal 65.0 0.0 %
Minimum
October 2015* pH 9.0 9.6 S.U. Maximum Daily
Monthly Average
October 2015* CBOD5% Removal 85.0 84.4 %
Minimum
Monthly Average
October 2015* TSS% Removal 65.0 28.8 %
Minimum
November 2015* pH 9.0 10.0 S.U. Maximum Daily
Monthly Average
November 2015* CBOD5% Removal 85.0 81.9 %
Minimum
Monthly Average
November 2015* TSS% Removal 65.0 31.8 %
Minimum
December 2015* pH 9.0 9.9 S.U. Maximum Daily
February 2016* pH 9.0 9.8 S.U. Maximum Daily
Monthly Average
February 2016* CBOD5% Removal 85.0 76.2 %
Minimum
March 2016* pH 9.0 10.3 S.U. Maximum Daily
April 2016* pH 9.0 9.7 S.U. Maximum Daily
Monthly Average
April 2016* TSS% Removal 65.0 57.8 %
Minimum
May 2016* pH 9.0 9.3 S.U. Maximum Daily
 DOCUMENT 5

Exhibit C Town of Gordon WWTP

Permit. No. AL0073202

Monthly Average
May 2016* TSS% Removal 65.0 64.7 %
Minimum
June 2016* pH 9.0 9.5 S.U. Maximum Daily
Monthly Average
June 2016* CBOD5% Removal 85.0 40.4 %
Minimum
Monthly Average
June 2016* TSS% Removal 65.0 0.0 %
Minimum
Monthly Average
July 2016* CBOD5% Removal 85.0 83.0 %
Minimum
Monthly Average
July 2016* TSS% Removal 65.0 15.0 %
Minimum
col/100
August 2016 E. Coli 126 275 Monthly Average
mL
Monthly Average
August 2016* CBOD5% Removal 85.0 64.7 %
Minimum
Monthly Average
August 2016* TSS% Removal 65.0 0.0 %
Minimum
Monthly Average
September 2016* CBOD5% Removal 85.0 51.4 %
Minimum
Monthly Average
September 2016* TSS% Removal 65.0 0.0 %
Minimum
October 2016* TSS 135 166 mg/l Weekly Average
October 2016* TSS 90.0 166 mg/l Monthly Average
col/100
October 2016 E. Coli 548 900 Monthly Average
mL
Monthly Average
October 2016* TSS% Removal 65.0 0.0 %
Minimum
col/100
December 2016 E. Coli 2507 8000 Maximum Daily
mL
col/100
December 2016 E. Coli 548 4140 Monthly Average
mL
Monthly Average
January 2017* CBOD5% Removal 85.0 74.5 %
Minimum
Monthly Average
January 2017* TSS% Removal 65.0 9.1 %
Minimum
February 2017* pH 9.0 10.1 S.U. Maximum Daily
Monthly Average
February 2017* CBOD5% Removal 85.0 79.0 %
Minimum
Monthly Average
February 2017* TSS% Removal 65.0 45.3 %
Minimum
March 2017* pH 9.0 9.4 S.U. Maximum Daily
Monthly Average
March 2017* CBOD5% Removal 85.0 26.8 %
Minimum
Monthly Average
March 2017* TSS% Removal 65.0 0.0 %
Minimum
Monthly Average
April 2017* TSS% Removal 65.0 0.0 %
Minimum
CBOD5 - Five Day Carbonaceous Biochemical Oxygen Demand
TSS - Total Suspended Solids
E. Coli - Escherichia coli

* Limitation violations with October 31, 2017 compliance date

 DOCUMENT 5

Exhibit C Town of Gordon WWTP

Permit. No. AL0073202

Late Discharge Monitoring Reports (DMRs)

Monitoring Period Due Date Received Date Days Late

December 2014 January 28, 2015 February 27, 2015 30
February 2015 March 28, 2015 March 30, 2015 2
October 2016 November 28, 2016 December 19, 2016 21
December 2016 January 28, 2017 March 27, 2017 58
January 2017 February 28, 2017 March 27, 2017 27