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Re: Attorney to deal with ADEM. [Re: FX4] #2725124
02/01/19 03:47 PM
02/01/19 03:47 PM
Joined: Mar 2013
Posts: 6,102
alex city
oakachoy Offline
12 point
oakachoy  Offline
12 point
Joined: Mar 2013
Posts: 6,102
alex city
Hate it for you, my BIL had a nice gentleman help him with a report. BIL paid over 20k for tire removal from a past major truck line dumped them. Sought help from someone on here in the know, but it did not help.


WM Hunter "Trump literally sacrificed himself, his family and all of his businesses for this country.
He literally is a true American hero. And True American Patriot - warts and all."
Re: Attorney to deal with ADEM. [Re: Lonster] #2725125
02/01/19 03:48 PM
02/01/19 03:48 PM
Joined: Aug 2014
Posts: 673
Ms
FX4 Offline OP
4 point
FX4  Offline OP
4 point
Joined: Aug 2014
Posts: 673
Ms
PM sent.



Re: Attorney to deal with ADEM. [Re: FX4] #2725128
02/01/19 03:53 PM
02/01/19 03:53 PM
Joined: Jan 2003
Posts: 15,231
Chilton County
Morris Online content
Poppa Jon
Morris  Online Content
Poppa Jon
Joined: Jan 2003
Posts: 15,231
Chilton County
Few years back ADEM used to have bids taken to clean up sites like that. We cleaned quite a few up. Not sure if they still do that.

Re: Attorney to deal with ADEM. [Re: hoggin] #2725136
02/01/19 03:59 PM
02/01/19 03:59 PM
Joined: Dec 2009
Posts: 9,375
Jasper, AL
J
joshm28 Offline
14 point
joshm28  Offline
14 point
J
Joined: Dec 2009
Posts: 9,375
Jasper, 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. Although talking to an attorney would be beneficial too

Re: Attorney to deal with ADEM. [Re: soalaturkeys] #2725155
02/01/19 04:13 PM
02/01/19 04:13 PM
Joined: Oct 2008
Posts: 30,910
Clanton, AL
Out back Offline
Grumpy Old Man
Out back  Offline
Grumpy Old Man
Joined: Oct 2008
Posts: 30,910
Clanton, AL
Originally Posted by soalaturkeys
I do environmental work every day as a professional engineer. The lesson for anyone reading this is if you are purchasing ANYTHING more than a residence or a lot in a subdivision, get a Phase I/Phase II ESA (Environmental Site Assessment). For a little less than a couple thousand dollars, you can have someone research and inspect the site and do subsurface investigation if warranted (Phase II). And you can go back against the firm doing the ESAs if they miss something. I am not a lawyer, but I would opine that once you bought the land, you bought the problem, and the clean-up. Hope you can find another solution.

OR... You could save the $2k and not tell anybody anything.


My opinions and comments are my own. They do not reflect the position or political opinions of Aldeer or any of the Aldeer administration.
Re: Attorney to deal with ADEM. [Re: FX4] #2725159
02/01/19 04:16 PM
02/01/19 04:16 PM
Joined: Jun 2014
Posts: 3,500
Sumter County
sumpter_al Offline
10 point
sumpter_al  Offline
10 point
Joined: Jun 2014
Posts: 3,500
Sumter County
How close is your nearest neighbor that you dont like...

(Just kidding).


I love my country, but don't trust my government.
Re: Attorney to deal with ADEM. [Re: Out back] #2725168
02/01/19 04:27 PM
02/01/19 04:27 PM
Joined: Apr 2016
Posts: 3,546
Mobile, AL
soalaturkeys Offline
10 point
soalaturkeys  Offline
10 point
Joined: Apr 2016
Posts: 3,546
Mobile, AL
Originally Posted by Out back
Originally Posted by soalaturkeys
I do environmental work every day as a professional engineer. The lesson for anyone reading this is if you are purchasing ANYTHING more than a residence or a lot in a subdivision, get a Phase I/Phase II ESA (Environmental Site Assessment). For a little less than a couple thousand dollars, you can have someone research and inspect the site and do subsurface investigation if warranted (Phase II). And you can go back against the firm doing the ESAs if they miss something. I am not a lawyer, but I would opine that once you bought the land, you bought the problem, and the clean-up. Hope you can find another solution.

OR... You could save the $2k and not tell anybody anything.
With tires, that works. With leaking underground storage tanks with petroleum in 'em, not so much...


"For the Truth the Turkey is in Comparison a much more respectable Bird, and withal a true original Native of America" ~Benjamin Franklin

Isaiah 40:13-14

RAP is CRAP

NRA Life Member, GOA, BamaCarry Member
Re: Attorney to deal with ADEM. [Re: FX4] #2725170
02/01/19 04:28 PM
02/01/19 04:28 PM
Joined: Feb 2011
Posts: 1,468
South Al
Brian_C Offline
8 point
Brian_C  Offline
8 point
Joined: Feb 2011
Posts: 1,468
South Al
There was a used tire dealer near me that started burning tires behind their shop. The neighbors reported them and ADEM came and inspected. Report said " Talked to property owners, they admitted to burning tires and promised not to do it again.Was told of the environmental hazards. No follow up needed" They do not want the hassle of filling out reports or paperwork.

Re: Attorney to deal with ADEM. [Re: FX4] #2725175
02/01/19 04:35 PM
02/01/19 04:35 PM
Joined: Aug 2005
Posts: 8,363
Montgomery
WmHunter Offline
14 point
WmHunter  Offline
14 point
Joined: Aug 2005
Posts: 8,363
Montgomery
I would have just got a couple teenagers from church and paid them $100 each to help get all the tires and take them to the local landfill.
I would still do that.
Just get it done.
100-200 tires is not a lot of tires.
It could be done in less then a day.


"The Tree of Liberty must be refreshed from time to time with the blood of patriots and tyrants." Thomas Jefferson

" Chuck Sykes is a dictator control freak like Vladimir Putin " WmHunter

Re: Attorney to deal with ADEM. [Re: FX4] #2725201
02/01/19 05:08 PM
02/01/19 05:08 PM
Joined: Oct 2000
Posts: 7,704
Lee County
R
RCHRR Offline
14 point
RCHRR  Offline
14 point
R
Joined: Oct 2000
Posts: 7,704
Lee County
What is it?.... Don’t ask Don’t tell especially where the government is concerned. That site has been there a long time and not hurting a thing. Seen several over the years of hunting. Now it seems you have an expensive problem.

Re: Attorney to deal with ADEM. [Re: FX4] #2725232
02/01/19 05:26 PM
02/01/19 05:26 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...
I realize that 200 acres is a decent sized piece of land, but if you have had it for 3 years and these tires on a blacktop road, how is it that you have not seen this before now? Did you not travel all the roads on the property before buying?

Or are you saying that the blacktop has started to disintegrate and the tires are under it?

Or is your reference to blacktop is something other than a road?


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: 257wbymag] #2725244
02/01/19 05:35 PM
02/01/19 05:35 PM
Joined: Jul 2013
Posts: 5,065
Gurley, Alabama
S
Standbanger Offline
12 point
Standbanger  Offline
12 point
S
Joined: Jul 2013
Posts: 5,065
Gurley, Alabama
Originally Posted by 257wbymag
It’s called Jewish lightning out here in the farm community



Why it's gotta be Jewish

Re: Attorney to deal with ADEM. [Re: Standbanger] #2725247
02/01/19 05:39 PM
02/01/19 05:39 PM
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
Originally Posted by Standbanger
Originally Posted by 257wbymag
It’s called Jewish lightning out here in the farm community



Why it's gotta be Jewish


Idk I didn’t make the rules I just go by them


Quietly killing turkeys where youre not!!!
My tank full of give a fraks been runnin on empty
I'm the paterfamilias
Re: Attorney to deal with ADEM. [Re: FX4] #2725263
02/01/19 05:55 PM
02/01/19 05:55 PM
Joined: Dec 2015
Posts: 441
RustyShackleford Offline
4 point
RustyShackleford  Offline
4 point
Joined: Dec 2015
Posts: 441
Gonna leave this right here. What you may fall under is called innocent landowner status (see page 7).

Code

ADEM Scrap Tire

Re: Attorney to deal with ADEM. [Re: TexasHuntress] #2725264
02/01/19 05:56 PM
02/01/19 05:56 PM
Joined: Aug 2014
Posts: 673
Ms
FX4 Offline OP
4 point
FX4  Offline OP
4 point
Joined: Aug 2014
Posts: 673
Ms
It is the public asphalt road. I was picking up trash last January and with the leaves gone, I was able to see the bottom of the gully. It's definitely my fault for reporting it. That won't ever happen again. I just need help avoiding an expensive clean up that I didn't cause.



Re: Attorney to deal with ADEM. [Re: RustyShackleford] #2725269
02/01/19 06:00 PM
02/01/19 06:00 PM
Joined: Aug 2014
Posts: 673
Ms
FX4 Offline OP
4 point
FX4  Offline OP
4 point
Joined: Aug 2014
Posts: 673
Ms
Originally Posted by RustyShackleford
Gonna leave this right here. What you may fall under is called innocent landowner status (see page 7).

Code

ADEM Scrap Tire

The letter said that I wasn't an innocent land owner. Why I don't know. I explained after the first letter what happened and how I found it. Obviously they don't intend to help with clean up like I was told they would.



Re: Attorney to deal with ADEM. [Re: TexasHuntress] #2725277
02/01/19 06:20 PM
02/01/19 06:20 PM
Joined: Aug 2014
Posts: 673
Ms
FX4 Offline OP
4 point
FX4  Offline OP
4 point
Joined: Aug 2014
Posts: 673
Ms
Originally Posted by TexasHuntress
I realize that 200 acres is a decent sized piece of land, but if you have had it for 3 years and these tires on a blacktop road, how is it that you have not seen this before now? Did you not travel all the roads on the property before buying?

Or are you saying that the blacktop has started to disintegrate and the tires are under it?

Or is your reference to blacktop is something other than a road?


I live about 200 miles away and go up there 4 to 5 times a year. I just happen to be walking the road picking up trash when the leaves were off the trees and could see the bottom of the gully.



Re: Attorney to deal with ADEM. [Re: FX4] #2725281
02/01/19 06:22 PM
02/01/19 06:22 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
It is the public asphalt road. I was picking up trash last January and with the leaves gone, I was able to see the bottom of the gully. It's definitely my fault for reporting it. That won't ever happen again. I just need help avoiding an expensive clean up that I didn't cause.


So, if it is beside a public access road and presumed county or state maintained, does this mess fall within the county or state owned right of way for the road? If it does, then it seems like the county or state should be responsible for the clean up.


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: FX4] #2725328
02/01/19 07:11 PM
02/01/19 07:11 PM
Joined: Aug 2014
Posts: 673
Ms
FX4 Offline OP
4 point
FX4  Offline OP
4 point
Joined: Aug 2014
Posts: 673
Ms
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.



Re: Attorney to deal with ADEM. [Re: FX4] #2725340
02/01/19 07:16 PM
02/01/19 07:16 PM
Joined: Oct 2008
Posts: 30,910
Clanton, AL
Out back Offline
Grumpy Old Man
Out back  Offline
Grumpy Old Man
Joined: Oct 2008
Posts: 30,910
Clanton, AL
"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.


My opinions and comments are my own. They do not reflect the position or political opinions of Aldeer or any of the Aldeer administration.
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