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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
Joined: Aug 2006
Posts: 9,213
Andalusia, Covington County, A...
TexasHuntress Offline
14 point
TexasHuntress  Offline
14 point
Joined: Aug 2006
Posts: 9,213
Andalusia, Covington County, A...
Originally Posted by FX4
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
Re: Attorney to deal with ADEM. [Re: Out back] #2725370
02/01/19 07:50 PM
02/01/19 07:50 PM
Joined: Sep 2012
Posts: 18,945
North AL
AU338MAG Online IMG_0051.GIF
Old Mossy Horns
AU338MAG  Online IMG_0051.GIF
Old Mossy Horns
Joined: Sep 2012
Posts: 18,945
North AL
Originally Posted by Out back
"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
Re: Attorney to deal with ADEM. [Re: FX4] #2725412
02/01/19 08:30 PM
02/01/19 08:30 PM
Joined: Nov 2005
Posts: 3,952
Jasper
B
buckhunter2 Offline
10 point
buckhunter2  Offline
10 point
B
Joined: Nov 2005
Posts: 3,952
Jasper
Are you sure that 200 acres doesn’t need a “controlled burn” this spring?


You're only as good as your worst shot-
Re: Attorney to deal with ADEM. [Re: FX4] #2725420
02/01/19 08:41 PM
02/01/19 08:41 PM
Joined: Oct 2003
Posts: 25,692
South Alabama
R
Rebelman Offline
Freak of Nature
Rebelman  Offline
Freak of Nature
R
Joined: Oct 2003
Posts: 25,692
South Alabama
The responsibility nearly always resides with the landowner regardless of how they got there.

Get them cleaned up. No use in getting a lawyer.

Re: Attorney to deal with ADEM. [Re: FX4] #2725424
02/01/19 08:47 PM
02/01/19 08:47 PM
Joined: Mar 2016
Posts: 2,028
AL
T
therealhojo Offline
8 point
therealhojo  Offline
8 point
T
Joined: Mar 2016
Posts: 2,028
AL
Buyer beware......

Re: Attorney to deal with ADEM. [Re: FX4] #2725428
02/01/19 08:51 PM
02/01/19 08:51 PM
Joined: May 2011
Posts: 20,017
PDL, Fl
T
timbercruiser Offline
Freak of Nature
timbercruiser  Offline
Freak of Nature
T
Joined: May 2011
Posts: 20,017
PDL, Fl
Probably too late now, but early on you could have quit claimed a legal description of the area to a bankrupt company.

Re: Attorney to deal with ADEM. [Re: FX4] #2725465
02/01/19 09:21 PM
02/01/19 09:21 PM
Joined: Nov 2008
Posts: 10,554
Alabama
W
whack-n-stack Offline
Booner
whack-n-stack  Offline
Booner
W
Joined: Nov 2008
Posts: 10,554
Alabama
They’re underfunded as hell, just quit talking to them and they’ll go away.

Re: Attorney to deal with ADEM. [Re: FX4] #2725511
02/01/19 09:59 PM
02/01/19 09:59 PM
Joined: May 2013
Posts: 4,573
Behind you
Avengedsevenfold Offline
10 point
Avengedsevenfold  Offline
10 point
Joined: May 2013
Posts: 4,573
Behind you
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
Re: Attorney to deal with ADEM. [Re: FX4] #2725554
02/01/19 10:31 PM
02/01/19 10:31 PM
Joined: Nov 2011
Posts: 2,185
J
jallencrockett Offline
8 point
jallencrockett  Offline
8 point
J
Joined: Nov 2011
Posts: 2,185
Shoot me a PM and give me a week till deer season is over and I will see if I can find any loopholes / help for cleanup for you. I aint got anything better to do. Im environmental scientist, conducted 100s of site assessments, and worked with adem for years. Medically retired and have plenty of time to check into it for you. Not saying I can fix everything but I should be able to help you. And Im free.. take care.

Re: Attorney to deal with ADEM. [Re: hoggin] #2725561
02/01/19 10:36 PM
02/01/19 10:36 PM
Joined: Aug 2002
Posts: 5,900
Lower AL
K
k bush Online content
12 point
k bush  Online Content
12 point
K
Joined: Aug 2002
Posts: 5,900
Lower AL
Originally Posted by hoggin
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...
Re: Attorney to deal with ADEM. [Re: FX4] #2725568
02/01/19 10:42 PM
02/01/19 10:42 PM
Joined: Aug 2002
Posts: 5,900
Lower AL
K
k bush Online content
12 point
k bush  Online Content
12 point
K
Joined: Aug 2002
Posts: 5,900
Lower AL
Sending you a PM.


"Cull" is just another four letter word...
Re: Attorney to deal with ADEM. [Re: k bush] #2725577
02/01/19 10:48 PM
02/01/19 10:48 PM
Joined: Nov 2011
Posts: 2,185
J
jallencrockett Offline
8 point
jallencrockett  Offline
8 point
J
Joined: Nov 2011
Posts: 2,185
Originally Posted by k bush
Originally Posted by hoggin
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.

Re: Attorney to deal with ADEM. [Re: FX4] #2725580
02/01/19 10:51 PM
02/01/19 10:51 PM
Joined: Aug 2002
Posts: 5,900
Lower AL
K
k bush Online content
12 point
k bush  Online Content
12 point
K
Joined: Aug 2002
Posts: 5,900
Lower AL
Forgot to ask, what county is the property located in ?


"Cull" is just another four letter word...
Re: Attorney to deal with ADEM. [Re: FX4] #2725735
02/02/19 07:56 AM
02/02/19 07:56 AM
Joined: Aug 2014
Posts: 14,136
Mobile, AL
S
SouthBamaSlayer Online content
Gary's Fluffer
SouthBamaSlayer  Online Content
Gary's Fluffer
S
Joined: Aug 2014
Posts: 14,136
Mobile, AL
If you self reported, the burden should be on the state to prove you aren’t an innocent landowner. Ask them their criteria and how they came to that conclusion?

Re: Attorney to deal with ADEM. [Re: 257wbymag] #2725775
02/02/19 08:35 AM
02/02/19 08:35 AM
Joined: Jul 2011
Posts: 39,545
Marshall County
FurFlyin Online content
Freak of Nature
FurFlyin  Online Content
Freak of Nature
Joined: Jul 2011
Posts: 39,545
Marshall County
Originally Posted by 257wbymag
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
Re: Attorney to deal with ADEM. [Re: FX4] #2725803
02/02/19 09:02 AM
02/02/19 09:02 AM
Joined: Jan 2011
Posts: 38,489
N. Bama
257wbymag Offline
Boo Boo Head
257wbymag  Offline
Boo Boo Head
Joined: Jan 2011
Posts: 38,489
N. Bama
That’s right


Quietly killing turkeys where youre not!!!
My tank full of give a fraks been runnin on empty
I'm the paterfamilias
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