Photo by Jon Anderson
A contractor replaces a stormwater pipe on Atkins-Trimm Boulevard in Hoover, Alabama, in November 2021.
The Alabama Department of Environmental Management is holding a public hearing regarding the city of Hoover’s stormwater management system on Thursday, Oct. 19, at Hoover City Hall.
The city is trying to get its permit renewed that allows the city to discharge stormwater from its stormwater system into public waterways within the city.
ADEM has tentatively determined that the city’s proposed actions to protect water quality meet the state’s water quality regulations, according to a public notice put out by the agency.
However, during a recent public comment period, the department received enough requests from the public to merit having a public hearing. Some of the comments indicated the city hasn’t been meeting the requirements of its current permit.
Katie Thomas, a Hoover resident who has criticized the city’s management of its stormwater system, said in a statement that this hearing is “our best opportunity to impact stormwater management in our community.”
These types of hearings are rare, Thomas said. The last time the city had such a permit issued was in 2018, and when this permit is issued, it likely will be in place for years, she said.
People who have concerns about the city’s ability or will to meet environmental laws and regulations regarding stormwater management need to speak up, Thomas said.
David Butler, an attorney for the Cahaba Riverkeeper group, wrote in a letter to ADEM that a public hearing was warranted to address the “significant ambiguity” between the draft permit and the city’s stormwater management obligations.
“Over the past 10 years, we have both observed and reported numerous failures to honor the current permit and are concerned that the revised permit, if adopted as drafted, will remain largely unenforced,” Butler wrote.
“Many of our members, who are also citizens of Hoover or adjacent municipalities and affected by Hoover’s antiquated approach to stormwater management, struggle to understand why projects within Hoover’s MS4 [stormwater system] appear non-compliant despite routine city inspections,” Butler wrote.
“Additionally, the city of Hoover has repeatedly asserted a prohibition on spending public money on private property as a mechanism to avoid the clear water quality impacts of failing or inadequate stormwater infrastructure,” he said. “It would be helpful to our organization, and the public at large, to hear and understand ADEM’s rationale for defining Hoover’s obligation to prevent water quality impacts arising from the failure, ignored maintenance, or inadequacy of the city’s stormwater collection system.”
Mark Davis, a resident of Hoover's Southlake community, said people from his community plan to be at the public hearing to voice their concerns with Hoover's management of stormwater issues.
Phillip Corley, Hoover’s city attorney, sent ADEM a letter and 20-page document in July detailing proposed changes the city would like to see to the draft permit put together by ADEM.
Corley said in his letter that under Alabama law, ADEM is required to limit the scope of its programs to include only regulations that are “absolutely required to satisfy the Clean Water Act.”
Corley contested the legality of some of the requirements ADEM was proposing the city of Hoover must meet, saying they went beyond federal law.
For example, the draft permit would require Hoover to inspect industrial facilities and high-risk commercial facilities that do not have a stormwater permit issued by ADEM. However, Corley noted that federal law does not include “high-risk commercial facilities” in its wording, so he asked that that be removed from the requirements.
Corley also pointed out that the draft plan spoke of a map of the boundaries of the city’s stormwater system but did not provide that map. Corley asserted that the city’s stormwater system is not the same size as the city limits and only includes stormwater facilities that are owned or operated by the city.
The city in the past also has maintained in correspondence to ADEM that the city is not responsible for stormwater systems that are part of roadways the city has not yet officially accepted.
For example, City Engineer Chris Reeves wrote in a letter to ADEM in November 2020 that the city had not yet accepted Preserve Parkway as a public roadway, and therefore stormwater from a particular segment of the Preserve was not a part of the city’s stormwater system.
ADEM was the entity that issued a permit for construction activities in that part of The Preserve, and therefore it was ADEM’s responsibility to ensure the developer was in compliance with state law, Reeves wrote.
Corley, in his comments to ADEM in July of this year, also said the draft permit directed Hoover to enter private property to inspect and monitor at reasonable times any facilities, equipment, practices or operations for active or potential polluted stormwater discharges.
“The city does not have authority to enter private property for such purposes unless allowed by law,” Corley wrote.
ADEM’s public hearing will be held at 6 p.m. in the William J. Billingsley Council Chambers at Hoover City Hall. Members of the public are invited to make oral comments but are also encouraged to submit written comments, and written comments will be accepted until 5 p.m. on Friday, Oct. 20.
“All comments must address the conditions of the draft permit; the Department’s adherence to the applicable environmental laws, rules, and regulations in development of the draft permit; or issues that have an impact on the applicant’s ability to meet applicable environmental laws, rules, and regulations to affect the final permit decision,” according to the public notice. “In order to affect final decisions, comments must offer technically substantial information that is applicable to the draft permit.”
Attendance at the public hearing is not necessary in order to have comments included in the public hearing record. Written comments received prior to the close of the public comment period will also be considered and entered into the public hearing record and will be given the same consideration as those provided at the hearing
Written comments should be submitted by email to water-permits@adem.alabama.gov or in person to Jeffery W. Kitchens, Chief ADEM-Water Division, 1400 Coliseum Blvd. in Montgomery, or by regular mail to Jeffery W. Kitchens, Chief ADEM-Water Division, P.O. Box 301463, Montgomery, AL 36130-1463.
Commenters should identify the appropriate permit number (NPDES Permit Number ALS000027) on the first page of their comments.
The draft permit that ADEM has put together can be viewed at adem.alabama.gov/newsEvents/pubHearings.cnt.
