Uniontown landfill being investigated by the EPA
Published 6:03 pm Friday, August 15, 2014
Environmental concerns in Uniontown have finally drawn the attention of the federal government.
Investigators from the United State Environmental Protection Agency’s Office of Civil Rights were in Uniontown this week, probing whether the civil rights of residents were violated when the Arrowhead Landfill was permitted to receive four million cubic yards of poisonous coal ash in 2010 without proper considerations for public health and safety.
“This is long overdue for the EPA to step in,” Uniontown resident Ben Eaton said. “We’ve been needing their help for sometime. They need to fully investigate the injustices ADEM has been allowed to do to us.”
Earthjustice, a nonprofit law firm that provides services regarding environmental issues across the country, filed a formal administrative complaint with the Office of Civil Rights in 2013 regarding issues at the Arrowhead Landfill.
A statement from Earthjustice said the complaint alleges the Alabama Department of Environmental Management violated the Civil Rights Act of 1964 by failing to protect the health and well-being of Uniontown residents over recent years.
“We are trying to hold government accountable,” said Marianne Engelman Ledo, an attorney with Earthjustice. “ADEM and the state have a responsibility to protect people. There isn’t even a fence around this facility. That’s how lacking the oversight is there.”
The coal ash — which is a byproduct left behind when coal is used in coal-burning electricity plants —arrived in Uniontown in 2010, after over a billion gallons of the toxic waste were accidentally spilled over 300 acres in Kingston, Tenn. on Dec. 22, 2008.
The complaint alleges ADEM violated Title VI of the Civil Rights Act of 1964, which says public funds cannot be used in a discriminatory manner. Since the landfill received $4.1 million to take the coal ash in 2010, Ledo said ADEM should have done more to ensure the rights of Uniontown’s impoverished residents were defended.
Scott Hughes, spokesman for ADEM, said his department is not taking the accusations lightly.
“We take any kind of inquiry from the EPA every seriously,” Hughes said. “They let us know they were coming over to the Uniontown area to interview some citizens and look at some things over there, and we have provided them with a tremendous amount of information related to our permitting, inspection and enforcement activities in the Uniontown area.”
Jennifer Colaizzi, spokeswoman for the EPA, said the investigation would be thorough.
“The EPA is committed to thoroughly evaluating all allegations accepted for this investigation,” Colaizzi said. “In the event of a finding of discrimination, the EPA will attempt to resolve the complaint.”
Ledo, who was in Uniontown this week during the EPA visit, said she has spoken with a number of residents about health concerns they attribute to the landfill.
“The experience people have is overwhelming and compelling,” Ledo said. “People talked about their health conditions, many of which are unusual. We heard some different stories, but each time it is very overwhelming.”
Ledo said she met with several residents who had health concerns — including boils on their skin, sleep apnea, asthma and nosebleeds — which they did not suffer before the ash was moved to the landfill.
Uniontown Mayor Jamaal Hunter declined comment, and messages left for representatives of Arrowhead Landfill were not returned.
Although it has taken longer than Eaton would like for the EPA to investigate the community’s claims, he said he is optimistic the problems will eventually be resolved.
“I know it has been a long road for us to finally get the attention of the EPA, and we probably have a long road ahead before everything is taken care of, but this is a step forward,” Eaton said. “And I can’t praise Earthjustice enough for getting behind this issue.”