Pursuant to the provisions of the Alabama Environmental Management Act, the Alabama Department of Environmental Management is proposing to issue an Order to the Anniston Army Depot (hereinafter referred to as "ANAD"), which operates a facility located at 7 Frankford Avenue, Anniston in Calhoun County, Alabama.

The violations for the facility mentioned above consisted of: (1) failure to operate the facility to minimize the possibility of a un-permitted release of hazardous waste to the air, soil, surface water, or groundwater, (2) failure to prepare a uniform hazardous waste manifest for hazardous waste generated on-site, (3) disposal of hazardous waste that fails to meet land disposal restrictions, (4) failure to determine if the facility’s hazardous waste must be treated prior to land disposal, (5) disposal of hazardous waste at a facility without an Alabama Hazardous Wastes Management and Minimization Act (AHWMMA) permit, (6) failure to perform an adequate waste determination on waste generated at the facility, (7) failure to send a written notice to the disposal facility that the hazardous waste generated meets treatment standards, (8) failure to offer the facility’s hazardous waste only to treatment, storage, or disposal facilities that have an EPA identification number and a AHWMMA permit, (9) failure to offer the facility’s hazardous waste only to transporters that have an EPA identification number and an Alabama Hazardous Waste Transport Permit, (10) failure to label a roll-off container of hazardous waste with the words, "Hazardous Waste" and the appropriate hazardous waste numbers, (11) failure to label a roll-off container of hazardous waste with an accumulation start date, and (12) failure to document the weekly inspections of the area where a roll-off container of hazardous waste was located.

The Department is proposing a civil penalty in the amount of $185,174.00. The Order, if issued, would require ANAD to : (1) prepare a uniform hazardous waste manifest for all hazardous waste transported off-site, (2) maintain and operate the facility to minimize the possibility of an unplanned release of hazardous waste or hazardous waste constituent to the air, soil, surface water, or groundwater, (3) perform a hazardous waste determination on all hazardous waste generated at the facility, (4) determine if the facility’s waste must be treated prior to land disposal, (5) only dispose of hazardous waste that meets land disposal restrictions, (6) only dispose of the facility’s hazardous waste at treatment, storage, and disposal facilities that have an EPA identification number and an AHWMMA Permit, (7) send a one-time written notice informing the treatment, storage, or disposal facility receiving its waste that the waste meets treatment standards, (8) only offer its hazardous waste to a transporter that has an EPA identification number and an Alabama Hazardous Waste Transport Permit, (9) label all containers of hazardous waste with the words, "Hazardous Waste" and all appropriate hazardous waste numbers, (10) label all containers of hazardous waste with an accumulation start date, (11) inspect all less than 90 day storage areas at least weekly and document those inspections, (12) cease blasting operations in the Spinner Hanger, Building #432 unless repairs/ construction stopping any and all releases of hazardous waste media outside the building is completed, (13) submit and implement a site assessment plan for the areas where hazardous media was being released, (14) provide an assessment report to the Department for areas where hazardous media was being released, (15) provide, if necessary, a closure and post closure plan for the areas where hazardous media was being released, (16) properly dispose of all waste generated at the Industrial Wastewater Treatment Plant (IWTP) as hazardous (F006) waste until such time that the facility can demonstrate closure for all portions of the IWTP that normally contain non-hazardous constituents but are now contaminated as a result of cross contamination, and (17) pay to the Department a civil penalty in the amount of $185,174.00.

Interested persons may submit written comments, including a request for a hearing, within 30 day of the publication date of this notice to:

Alabama Department of Environmental Management

Attention: Mr. Wm. Gerald Hardy, Chief of the Land Division

P. O. Box 30l463

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 web page 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 June 25, 2008, by authorization of the Alabama Department of Environmental Management.