ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

PO Box 30l463

Montgomery, Alabama 36l30-l463

(334) 27l-7700

PROPOSED ORDER

Pursuant to the provisions of the Alabama Environmental Management Act, the Alabama Department of Environmental Management (ADEM) is proposing to issue an Order to Bill Davis Contractor Inc – Davis Dirt Pit, off of Snow Road, North of Tanner Williams Road, in Mobile, Mobile County, Alabama.

The violations consisted of: unpermitted and/or noncompliant discharges; effective BMPs had not been implemented and/or maintained; commencement/continuation of regulated activity prior to obtaining valid ADEM NPDES permit; noncompliance with the requirements of ADEM NPDES mining rules.

The order, if issued, would require the owner/operator to: apply for and obtain NPDES permit coverage; submit a plan to correct all violations; implement and maintain effective BMPs; comply with applicable ADEM rules and permit requirements; perform corrective actions; pay a civil penalty in the amount of $15,000.

Interested persons may submit written comments, including request for a hearing, within 30 days of the publication date of this notice, to the Alabama Department of Environmental Management, attention Steven O. Jenkins, Chief of Field Operations Division, PO Box 301463, Montgomery, Alabama 36l30-l463. The comment period shall end at the close of business 30 days from the publication date of this notice. A copy of the proposed order is available on the ADEM webpage at www.adem.state.al.us or may be obtained by written request to the above address. A nominal fee for copying may be charged.

This notice is hereby given this April 8, 2008, by authorization of the Alabama Department of Environmental Management.

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Onis “Trey” Glenn, III

Director