POLITICAL CORRUPTION IS A NATIONWIDE ISSUE AFFECTING ALL OF US. ALABAMA RANKS #5 AS THE MOST CORRUPT STATE. *DOJ 2007 stats
Something is very wrong in the Land of Cotton


PERTINENT ENVIRONMENTAL AND CORRUPTION ISSUES IN OTHER STATES ARE ALSO DISCUSSED


NO OTHER COMMUNITY, RICH OR POOR, URBAN OR SUBURBAN,BLACK, BROWN,RED, YELLOW OR WHITE SHOULD BE ALLOWED TO BECOME AN "ENVIRONMENTAL SACRIFICE ZONE."

Dr. Robert Bullard
Environmental Justice Movement Founder

Friday, July 29, 2011

EMC Hearing Officer's Report on Sheperd's Bend Coal Mine Allowing NPDES Permit Despite Legal Challenge From BWRK and Others

The following document is the record from the hearing on July 20, 2011 regarding the Shepherd's Bend Mine Permit. Black Warrior Riverkeeper issued a subsequent press release in response to the decision on July 22, 2011.

There is a lot to be troubled about concerning the decision of the EMC Hearing Officer, James F. Hampton, who's been a judge, a Special Assistant Attorney General for the State of Alabama and a hearing officer in the BARD Motion to Intervene regarding SWMA. Mr. Hampton has quite a long pedigree as a state inclined legal eagle and his conclusion about this controversial mine permit is not unexpected, but it is disappointing.

Page 7 Item 10 is also disappointing and allows a lot of wiggle room for what ADEM may or may not do if issuing this permit becomes problematic. The chances are high, if the history of mine discharge in Alabama is any indicator, that there will be problems and plenty of them:
"Permit does not contain limitations on chlorides, sulfide, total dissolved solids or aluminum, which are commonly associated with acid mine drainage. Under this permit, ADEM may modify the terms of the permit, if, in the future, it is shown to ADEM's satisfaction that the permit is not protective of water quality."
EMC Docket No 09-04-2011 07 20 Report of Hearing Officer

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11 comments:

  1. So in plain speak it's ADEMs position to adopt a wait and see approach of if pollution occurs, and that pollution determination has to meet ADEMs satisfaction level.

    They may be wording things within legal parameters, but it's disconcerting to approach something like this coal mine with a wait and see attitude. As you pointed out, history is not on their side and they should know better.

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  2. Never fear ADEM is here!
    Yeah right.
    How's that worked out so far?

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  3. Birmingham Weekly Green Briefs July 28, 2011

    "The Hearing Officer’s recommendations will go before the EMC August 19, the release states. If the EMC adopts the recommendation, allowing the mine to go forward, Riverkeeper and the SELC will appeal the decision, citing the damage to area drinking water they say that pollutants from the mine could cause."

    "The groups say that even if Shepherd Bend adheres to the terms of the National Pollutant Discharge Elimination System (NPDES) wastewater discharge permit issued by ADEM, it would put a dangerous level of pollutants, including sulfates and chlorides, into Birmingham-area drinking water. The mine site is located approximately 800 feet from a Birmingham Water Works Board drinking water intake on the Mulberry Fork of the Black Warrior that serves about 200,000 people.

    The permit disallows sulfates and chlorides from what I read in the report. Has everybody on the mining side and state agencies gone crazy? None of their explanations make good sense.

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  4. ADEM is useless, useless, USELESS!
    This just adds another page to the ten foot high stack of why they need a huge overhaul and complete reform!

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  5. Due in part to its widespread use in industry, Dihydrogen Monoxide (DHMO) is involved in many environmental incidents each year. While most are unavoidable given current technology, there can be little doubt that the presence of DHMO in each significantly increases the negative impact to the environment. I would hope that DMHO will be the next environmental disaster you will expose to the world. Great work!!

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  6. I wish the Blogger platform allowed for pictures in the comment section. If they did I would insert the biggest one I could find of a big ol' honkin' rubber stamp!
    ADEM and the ASMC are nothing more than yes to all pollution you can bring to us here in Bama. It keeps the state flush to have all the polluters they can get paying money left and right to drop as many toxins as they can on all of us!!
    Crooks and Liars!!!!!!!!

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  7. I have said it before, I will say it again; what Drummond wants Drummond gets.

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  8. Annette in AlabamaJuly 29, 2011 at 5:55 PM

    At ADEM and ASMC and EMC - no heroes among them.

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  9. OMG - I found this site thanks to a friend. There is so much information here, I will be reading for days! TY Max keep up the good fight!

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  10. James Hampton = company man.

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  11. The fix is in.
    Actually it was never out.
    5 Points is dead on. Drummond owns Alabama and Alabama Power sits at the right hand of the throne.

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