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·        The Oliver’s Crossing case shows that the sediment and erosion control program of the Alabama Department of Environmental Management has been weak and ineffective in our communities. Sediment violations that polluted the Little Cahaba River above Lake Purdy were allowed to continue at this site for many years. Our communities need stronger sediment pollution programs than the poorly funded ADEM can provide - our local governments need to take more responsibility to protect our water quality.

·        January 1999 – The Oliver’s Crossing subdivision is under construction.  ADEM inspection reveals permit coverage for the site expired and adequate BMP’s not in place. A warning letter was issued.

·        July 1999 – Six months go by before ADEM issues a storm water discharge permit for the site.  This permit requires an inspection certification report and annual reports summarizing all inspection and sampling information.

·        January 2000 – One year after initial inspection ADEM performs second inspection and finds that adequate BMP’s are not in place. A Notice of Violation (NOV) is issued. The developer fails to submit reports required by this NOV

·        October 2000 – Twenty-two months after ADEM’s first warning letter for inadequate BMP’s, ADEM inspects the site again and documents inadequate BMP’s at Oliver’s Crossing for the third time. A NOV issued.  The developer again fails to submit reports required by this NOV and still has not met requirements of the NOV issued 10 months earlier.

·        September 2001 – Almost three years after the initial inspection ADEM issues a Consent Order noting 1) that Oliver’s Crossing has never filed an annual report for inspections and sampling information and 2) the developer has not met requirements of the prior NOV’s.

·        March 2003 –Four years and three months after the initial determination that BMP’s are inadequate a NOV is issued for failure to implement BMP’s and failure to comply with Consent Order.  The developer pays a $1,000 fine in March and a $2,000 penalty in August.

·        Oliver’s Crossing is a subdivision adjacent to the Little Cahaba River, a major source of drinking water for the Birmingham metropolitan area.  Four years of polluting Birmingham’s drinking water were worth $3,000 in fines and penalties as of August 2003.

·        During the almost five years that Oliver’s Crossing has been a source of sediment pollution, ADEM has been receiving numerous citizen complaints with the most recent citizen’s complaint being filed in July 2003.

·        ADEM has continually failed to protect this important waterway from sediment pollution.  The inability of ADEM to perform timely follow-up inspections and nonexistent or weak enforcement has allowed this problem to continue.  The citizens of Jefferson County need the resources of the Storm Water Management Authority, local governments and ADEM if sediment pollution is to be addressed adequately in our communities.