The Alabama Department of Environmental Management (“ADEM”) is proposing to issue an Order to CDM Scrap Metals LLC (“CDM”) addressing an alleged unauthorized dump (“UAD”). See Order No. XX-XXX-SW.
The Order provides that CDM operates a business on real property located in Somerville, Alabama.
On July 15, 2024, in response to a complaint, personnel from ADEM are stated to have conducted an investigation that included a site inspection followed by a review of relevant records. During the investigation, the Order states that the following was noted:
- Approximately 100 cubic yards of regulated solid waste were observed open dumped throughout the Site. The waste consisted of construction/demolition waste, general rubbish, and ten scrap tires.
- The disposal area was not permitted as a land disposal facility by the Department, as required under ADEM Admin. Code ch. 335-13-5.
- As per the Morgan County property tax records, at the time of the inspection, James Titus Jr. and Diane M. Morrow were the owners of the Site.
- The disposal of the aforementioned regulated solid waste at the Site, without a valid solid waste disposal facility permit issued by the Department, constitutes the creation of an unauthorized dump, which violates rules 335-13- 1-.13(1) and 335-13-1-.13(2), for which CDM Scrap Metals LLC is responsible.
ADEM issued CDM a Notice of Violation on July 30, 2024, requiring complete remediation and closure of the UAD. It is stated to have been returned to ADEM as unclaimed. The NOV was stated to be resent and successfully delivered on February 20, 2025, and signed for by C. Morrow.
ADEM personnel are stated to have conducted a follow-up inspection on March 10, 2026, and noted the continued presence of the UAD. The Order states that there were approximately fifty cubic yards of regulated solid waste, including, but not limited to, construction/demolition debris, household garbage, and general rubbish, strewed about the site.
ADEM is stated to have not received a response to the NOV.
The Order proposes a civil penalty of $7,000. Further, CDM is ordered to cease and desist from creating, operating, or contributing to any UADs. In addition, the Order requires pursuant to a schedule certain remediation activity associated with the alleged UAD.
A copy of the Order can be found here.
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