Armoire
by Uokman2014. 09/28/24 10:11 AM
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Re: Attorney to deal with ADEM.
[Re: FX4]
#2725346
02/01/19 07:25 PM
02/01/19 07:25 PM
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Joined: Aug 2006
Posts: 9,213 Andalusia, Covington County, A...
TexasHuntress
14 point
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14 point
Joined: Aug 2006
Posts: 9,213
Andalusia, Covington County, A...
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The state collects $1 per tire as environmental fee when you buy new tires. This goes into a fund to clean up illegal tire dump sites. When I found the dump site which appears to be 20+ years old, I contacted the state illegal dump site office within the Alabama Dept of Environmental Management as was suggested by several people and reported it. The man I talked to said if it met the qualification of 100 tires or more they would have it cleaned up. Fast forward 11 months later I revived a registered letter from them saying they "found" an illegal dump site on my property. You have to be standing on the county road while all the leaves are off the trees to see them down in the gully. They wanted to know how they got there and if I was responsible for putting them there. I responded to the letter telling them that I was not responsible for them being there and that I had reported it 11 months earlier hoping to get some help in the clean up. I had to fill out a form on how long I owned the property among other questions. Today I received a second registered letter stating that I didn't meet the requirement of an innocent land owner and I have 30 days to submit a plan to clean it up. They also included laws about it being illegal to burn tires and basically saying I had to track the tires to the grave and show proof that they were legally disposed of. The state of Alabama will never hear me reporting anything again, no matter what it is. I am as innocent as can be in this situation and even reported it myself, but it seems I might have bought a valuable lesson. Wow! That is some kind of messed up. And, gov't agencies wonder why they don't get more help from people. Your case would be a wonderful example of why it is a bad idea to report anything. Hope you get the help you need to deal with it successfully without spending a ton of money to do so.
If you live to be a hundred, I want to live to be a hundred minus one day, so I never have to live without you.---Winnie the Pooh
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Re: Attorney to deal with ADEM.
[Re: Out back]
#2725370
02/01/19 07:50 PM
02/01/19 07:50 PM
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Joined: Sep 2012
Posts: 18,945 North AL
AU338MAG
Old Mossy Horns
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Old Mossy Horns
Joined: Sep 2012
Posts: 18,945
North AL
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"30 days to submit clean up plan" Send them a registered letter saying that your plan is to let them clean it up with funds they collect from tire distributors. Winner.
Dying ain't much of a living boy...Josey Wales
Molon Labe
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Re: Attorney to deal with ADEM.
[Re: FX4]
#2725412
02/01/19 08:30 PM
02/01/19 08:30 PM
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Joined: Nov 2005
Posts: 3,952 Jasper
buckhunter2
10 point
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10 point
Joined: Nov 2005
Posts: 3,952
Jasper
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Are you sure that 200 acres doesn’t need a “controlled burn” this spring?
You're only as good as your worst shot-
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Re: Attorney to deal with ADEM.
[Re: FX4]
#2725424
02/01/19 08:47 PM
02/01/19 08:47 PM
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Joined: Mar 2016
Posts: 2,028 AL
therealhojo
8 point
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8 point
Joined: Mar 2016
Posts: 2,028
AL
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Re: Attorney to deal with ADEM.
[Re: FX4]
#2725511
02/01/19 09:59 PM
02/01/19 09:59 PM
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Joined: May 2013
Posts: 4,573 Behind you
Avengedsevenfold
10 point
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10 point
Joined: May 2013
Posts: 4,573
Behind you
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Always remember:
“I’m from the government and I’m here to help”
Carrying a gun isn't comfortable; but at times it is comforting
"Cause the cause for the pause you think you see is really concentration on the steel” NonPoint
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Re: Attorney to deal with ADEM.
[Re: hoggin]
#2725561
02/01/19 10:36 PM
02/01/19 10:36 PM
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Joined: Aug 2002
Posts: 5,900 Lower AL
k bush
12 point
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12 point
Joined: Aug 2002
Posts: 5,900
Lower AL
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I dealt with ADEM for a living for a long time, you don’t need an attorney you just need to submit a cleanup plan for an illegal dump that you didn’t create. Doesn’t have to be fancy, just explain that you’re the victim of the illegal activity of others and that you plan to seek assistance from county and state resources to have the site cleaned up using the state mandated scrap tire fees collected on every new tire sold in the state and then what you plan to do to limit the possibility of it happening again. Then petition ADEM and County commission for assistance in cleanup This^^^. You need to request innocent landowner status. Explain that the tires were put there before you purchased the property.
"Cull" is just another four letter word...
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Re: Attorney to deal with ADEM.
[Re: k bush]
#2725577
02/01/19 10:48 PM
02/01/19 10:48 PM
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Joined: Nov 2011
Posts: 2,185
jallencrockett
8 point
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8 point
Joined: Nov 2011
Posts: 2,185
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I dealt with ADEM for a living for a long time, you don’t need an attorney you just need to submit a cleanup plan for an illegal dump that you didn’t create. Doesn’t have to be fancy, just explain that you’re the victim of the illegal activity of others and that you plan to seek assistance from county and state resources to have the site cleaned up using the state mandated scrap tire fees collected on every new tire sold in the state and then what you plan to do to limit the possibility of it happening again. Then petition ADEM and County commission for assistance in cleanup This^^^. You need to request innocent landowner status. Explain that the tires were put there before you purchased the property. "APPROPRIATE DUE DILIGENCE" is your threshold and limiting factor for obtaining an innocent landowner defense. Due diligence is relative to risk threhold. You could legitimately argue that just cruising the rural property with a realtor and te dump not being identified is appropriate due diligence. Now if there was an old tire / tractor shop then your inquiry wouldnt have been sufficient.
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Re: Attorney to deal with ADEM.
[Re: FX4]
#2725580
02/01/19 10:51 PM
02/01/19 10:51 PM
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Joined: Aug 2002
Posts: 5,900 Lower AL
k bush
12 point
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12 point
Joined: Aug 2002
Posts: 5,900
Lower AL
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Forgot to ask, what county is the property located in ?
"Cull" is just another four letter word...
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Re: Attorney to deal with ADEM.
[Re: 257wbymag]
#2725775
02/02/19 08:35 AM
02/02/19 08:35 AM
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Joined: Jul 2011
Posts: 39,545 Marshall County
FurFlyin
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 39,545
Marshall County
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It’s called Jewish lightning out here in the farm community And it always strikes after dark, on a clear night, while a high pressure system is in place so the smoke doesn't settle close to the ground.
If my people, who are called by my name, will humble themselves and pray and seek my face and turn from their wicked ways, then will I hear from heaven and will forgive their sin and will heal their land. 2 Chronicles 7:14
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