May 23, 2025 - CONSENT DECREE
The U.S. District Court for the Middle District of Alabama granted a motion to enter a consent decree between the United States and Elmore Sand & Gravel, Inc. (Defendant) that resolves the United States? claims against Defendant for NPDES permit violations and unauthorized discharges of pollutants without coverage under CWA Sections 402 and 404.The proposed Consent Decree sets forth mandatory injunctive requirements. First, Defendant must perform stream stabilization and remediation work consistent with a detailed plan. Second, Defendant must implement a stormwater/wastewater management plan. Third, Defendant must undertake certain wetlands enhancement measures. Fourth, Defendant must preserve open water, wetlands, and buffer areas. Fifth, after Defendant completes these obligations, Defendant must perform monitoring, adaptive management, and maintenance. In addition, under the proposed Consent Decree, Defendant must purchase wetlands mitigation credits, and abide by a prohibitory injunction until the decree?s termination.
9/21/18 - CURRENT OWNERSHIP OF ELMORE SAND AND GRAVEL TOOK OVER OPERATIONS OF A SAND AND GRAVEL MINE IN ELMORE, AL, IN JULY 2004. SINCE THAT TIME, SUBSTANTIAL DISCHARGES TO HUNDREDS OF ACRES OF JURISDICTIONAL WATERS HAVE OCCURRED WITHOUT PERMIT AUTHORIZATION UNDER CWA 404. THE ACTIVITIES THAT HAVE LED TO THE DISCHARGES INCLUDE: EXTENSIVE MECHANICAL LAND CLEARING, CONSTRUCTION OF EARTHEN BERMS, STREAM RE-ROUTING, STOCK-