The State of Alabama files lawsuit against private landfill owner

The lawsuit claims that landfill closure and post-closure requirements for disposal of waste were not followed.

Posted: Nov. 16, 2018 3:14 PM
Updated: Nov. 16, 2018 3:43 PM

The State of Alabama, Attorney General Steve Marshall and the Alabama Department of Environmental Management have filed a lawsuit against Tommy Gamble and Marshall D & D, LLC, the owners of the Bishop Landfill. The lawsuit was filed in the Marshall County Circuit Court on October 17, 2018. 

The lawsuit claims landfill closure and post-closure requirements for disposal of waste were not followed through an "Alabama Solid Wastes and Recyclable Materials Management Act" and Alabama Department of Environmental Management administrative code.

A prior suit ruled that closure activities were not completed, and it was determined the property on which Bishop Landfill was located and where the violation is said to have occurred was the responsibility of the defendant, Marshall C & D, LLC, according to the lawsuit. Through this ownership, the lawsuit says Defendants Marshall C & D, LLC. and Tommy Gamble are responsible for the proper closure of the Bishop Landfill. 

The lawsuit says that on May 23, 2007, an inspection of the Bishop Landfill from the Alabama Department of Environmental Management showed that the defendants Marshall C & D, LLC. and Tommy Gamble failed to complete any closure activities at the landfill. 

The lawsuit claims that the landfill is a nuisance to the citizens of Marshall County and that there is "a constant smell and stream of discolored water running off the landfill into waters of the State." It's said that ADEM officials did another inspection of the landfill on February 26, 2018 and that they discovered that access to the landfill is only restricted by a "low-hanging cable." It says ADEM found "discolored and odorous water" seeping from various areas across the facility and that this drainage was allowed to flow off the landfill property onto surrounding areas.

Four counts are named in the lawsuit. These are landfill closure violations, landfill post-closure violations, unauthorized dumping/public nuisance and "injunctive relief." The "Solid Wastes and Recyclable Materials Management Act" is cited.

The lawsuit asks that the defendants assume responsibility for these alleged violations.

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