Lance R. LeFLeur AD E Kay Ivey DirecToR Governor ‘Alabama Department of Environmental Management ‘ademalabama.gov 11400 Coliseum Bid. 36110-2400 » Post Office Box 301463 Montgomery, Alabama 36130463 (834) 271-7700 = FAX (334) 271.7950 August 15, 2018 CERTIFIED MAIL 91 7199 9991 7038 ObOb S1bb RETURN RECEIPT REQUESTED Ms. Susan B. Comensky Vice President, Environmental Affairs ‘Alabama Power Company 600 North 18th Street 12N-0830 Birmingham, Alabama 35291 RE: Administrative Order No. 18-094-GW ‘Alabama Power Company James M. Barry Electric Generating Plant Dear Ms. Comensky: Please find enclosed ADEM Administrative Order No. 18-094-GW which requires Alabama Power Company to take certain actions at James M. Barry Electric Generating Plant located in Bucks, Alabama in regard to violations of the Alabama Water Pollution Control Act. This Order is effective August 15, 2018. Please note that the assessed civil penalty is due within forty-five (45) days of receipt of this Order. Pursuant to Code of Alabama 1975, §22-22A-7(c)(1), as amended, this Order may be appealed by filing a request for hearing before the Environmental Management Commission. Persons eligible to appeal must request a hearing on the Order in accordance with the requirements of ADEM Admin. Code chap. 335-2-1 Please contact Eric Sanderson in Montgomery at (334) 271-7755 if you have any questions regarding this matter. Sincerely, Stephen A. Cobb, Chief Land Division SACIir Enclosure ce: Tom Johnston/ADEM, Office of General Counsel ‘Todd Carter/ADEM, Office of General Counsel Eric Sanderson/ADEM, Solid Waste Branch Jessica Rayfield/ ADEM, Solid Waste Branch Birmingham ranch Decatur Branch ( ) Nobile Branch Metilecoarta 130 ul Rese 2715 Sandi Rod, 5. bi i 2204 Peete Rese ‘3684 Daupin Stet, Suto 8 Bingham AL 95200-4702 Deca, AL 35608-1339 . F Nobile, at 36635-135, Mebl, AL 38608 (20s) ouzeies (256) 3523733 s (251) 4503400 (ass) s0uas76 (208) 941-3603 (FAX) (256) 340.9359 (FAX) a 251) 479.2599 (FAX) faet soeaaee ow,ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT INTHE MATTER OF. Alabama Power Company James M. Barry Electric Generating Plant 15300 U.S. Highway 43 North Bucks, Mobile County, Alabama Order No, 18-094-GW FINDINGS Pursuant to the provisions of the Alabama Environmental Management Act, Ala. Code $8 22-224-1 to 22-22A-17, as amended; the Alabama Water Pollution Control Act (hereinafter *AWPCAY), Ala. Code §§ 22-22-1 to 22-22-14, as amended; and the ADEM Administrative Code of Regulations (hereinafter ADEM Admin. Code) promulgated pursuant thereto, the Alabama Department of Environmental Management (hereinafter “ADEM” or “the Department") makes the following Findings: 1, Alabama Power Company (hereinafter “the Owner") is the owner and operator of James M, Barry Electric Generating Plant (hereinafter “the Facility”) located at 15300 U.S. Highway 43 North, Bucks, Alabama, which is the subject of this administrative order. ‘The Department is a duly constituted department of the State of Alabama pursuant. to Ala, Code §§ 22-22A-1 to 22-22A-17, as amended. 3. Pursuant to Ala. Code§ 22-22A.4(n), as amended, the Departmentis the state agency responsible for the promulgation and enforcement of water pollution control regulations in accordance with the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 to 1388, In addition, the Department is authorized to administer and enforce the provisions of the AWPCA and the regulations promulgated pursuant thereto.4, Ala, Code § 22-22-9(i(3} prohibits the discharge of any pollution into waters of the State without a permit, "Waters of the State” include groundwater pursuant to Ala. §Code 22-22- 1(b)(2) and ADEM Admin, Code r.935-¢ 02{ccee). ADEM Admin. Code r. 335-6-8-.05 prohibits the unpermitted discharge of fluids and/or pollutants to groundwater and/or soils, which may result in a discharge of fluids and/or pollutants to groundwater. 6 The 2017 Annual Groundwater Monitoring and Corrective Action Report (hereinafter “Report”) submitted to the Department by the Owner, indicates that the Owner has caused or allowed the unpermitted discharge of pollutants associated with ash pond wastewater from the Plant Barry Ash Pond to waters of the State. The Report indicates detections above @ promulgated maximum contaminant level (hereinafter "MCL") in groundwater during groundwater monitoring events performed by the Owner. Furthermore, the Report identified exceedances of promulgated primary MCLs as detailed in Appendix A. ‘The Owner's data indicates an ongoing violation of the AWPCA and the ADEM Admin, Code. 7. The Report submitted to the Department by the Owner, indicates that the Owner has caused or allowed the unpermitted discharge of pollutants associated with gypsum pond wastewater from Plant Barry Gypsum Pond to waters of the State. The Report indicates detections above a promulgated MCL in groundwater during groundwater monitoring events performed by the Owner. Furthermore, the Report identified exceedances of promulgated primary MCLs as detailed in Appendix B, ‘The Owner's data indicates an ongoing violation of the AWPCA and the ADEM Admin. Code, 8 Ala. Code § 22-22-9(i)(1) authorizes the Department to issue orders prohibiting or abating discharges of pollutants into waters of the State, It is the intention of the Department through this Order to require measures that will address the discharges of pollutants to waters of the State that are subject of this Order. 9, Pursuant to Ala, Code § 22-22A-5(18)c., as amended, in determining the amount of any penalty, the Department must give consideration to the seriousness of the violation,