From The Tribune staff reports
ST. CLAIR COUNTY — Alabama Governor Kay Ivey, on Wednesday, Jan. 18, issued a limited state of emergency to give local officials in St. Clair County all possible legal authorities for use in dealing with the ongoing Moody Environmental Landfill fire.
According to the governor’s office, the Alabama Department of Environmental Management (ADEM) will share details on the EPA now being able to take the operational lead on this response.
Governor Ivey issued the following comment:
“By authorizing the EPA to respond to this fire, we are ensuring it will be addressed in the fastest and safest way possible. It is imperative that this situation be solved and solved right for the sake of the folks in Moody and all people affected by this fire. I am pleased at this next step, and to ensure we are doing everything possible from the state level, I am also issuing a limited state of emergency for St. Clair County to give local officials another layer of support as they deal with this fire.”
Related Story: Miscommunication about Moody landfill fire leads to frustration among county officials
This statement follows the recent discovery this morning that Alabama Governor Kay Ivey’s Office had not received a request for help from St. Clair County or ADEM.
The St. Clair County Commission declared the Moody environmental landfill fire an emergency situation during an emergency called meeting on Tuesday, Jan. 3, at the Pell City Courthouse. Bateman explained that they actually did write a letter requesting the governor to declare a state of emergency, among other things listed in the letter.
“We were asked by the governor’s office to hold off on sending that letter,” Bateman said. “They hadn’t received it because they asked us not to send it yet.”
Bateman said that the different mayors and himself had signed the letter, and it’s sitting in the county commission attorney’s attorney, James Hill’s office.
“He was asked not to send that letter yet because some major developments were happening,” Bateman said. “I’m a little aggravated that it allowed the governor’s office to say, ‘We haven’t received a letter, well, you didn’t receive a letter because you asked us not to send it.’”
Related Story: Smoke from brush fire in Moody could have numerous effects on an airway
Trussville Mayor Buddy Choat gave an update on the Moody Environmental Landfill fire during the Jan. 10 council meeting.
“The St. Clair County Commission met in Ashville, and obviously, they’ve received several different bids from companies around the country that have handled this kind of fire before,” Choat said during the meeting. “My understanding is they’re going to make a decision on what they’re going to recommend to send to Montgomery. At that point, ADEM will take over if they accept this particular bid.”
Related Story: UPDATE: No changes in Moody fire activity, heavy smoke activity continues
Choat explained that Hill said that all the received bids estimated the whole process would take about 30 days to clean up the whole landfill.
“So that’s encouraging,” Choat said during the meeting. “We’re trying to keep abreast with what’s going on; it’s been a long process since it started and ended up in the Commission’s lap. They’ve gotten to a point now where they’ve accepted these RFPs, and are going to Montgomery with it by the end of the week, is what I understand.”
The fire has been burning for over two months and has left many residents frustrated with the lack of solutions.
Related Story: UPDATE: Moody brush fire activity decreases, smoke continues
The ADEM released the following statement:
“At the request of the Alabama Department of Environmental Management, the U.S. Environmental Protection Agency will lead the effort to put out the underground fire at a privately operated vegetative waste disposal site near Moody in St. Clair County, ADEM announced today.
“ADEM began collaborating early on with the EPA, the St. Clair County Commission and other local and state authorities about the appropriate course of action to take to extinguish the fire and eliminate the smoke that has raised concerns among area residents. The EPA will determine the most appropriate method to extinguish the fire, hire a contractor from its list of qualified vendors to perform the work, and oversee the process.
“Neither ADEM nor the county has the experience or expertise to put out a fire of this nature,” ADEM Director Lance LeFleur said. “The EPA utilizes contractors with experience and knowledge to do this type of work. ADEM and state and local officials have concluded the most effective and safe way to extinguish the fire is for the EPA to lead the effort, and we have entered into an arrangement with the EPA to make that happen.”
“From the beginning of the fire, ADEM has made extinguishing it a top priority. But the underground fire poses extreme hazards to firefighters and other responders due to the risks of cave-ins and flare-ups, and the volume of vegetative matter that has been buried at the site over the years. ADEM has no staff or vendors it works with that can handle this type of fire.
“However, LeFleur said ADEM has taken numerous steps to assist local leaders, including putting the St. Clair County Commission in contact with companies with experience in putting out underground fires.
“St. Clair County officials, who have been evaluating proposals from the companies, agreed this week that turning over the lead for extinguishing the fire to the EPA is the best option given its experience resolving these types of issues.
“We stand ready to assist the EPA in whatever manner we can,” County Commission President Stan Batemon said. “The most important thing is putting the fire out as fast as possible and bringing relief to residents in communities being affected by the smoke. The county is limited in what it can do. The EPA is clearly in the best position with its knowhow and resources to handle the fire. We believe this is a major step forward in identifying the best solution and taking action.”
The governor’s office released the following proclamation about the limited state of emergency:
“WHEREAS, the Alabama Emergency Management Act of 1955, as amended, confers upon the Governor the power to proclaim a state of emergency when there exist certain conditions of disaster or of extreme peril to the safety of persons and property within the State caused by natural or man-made disasters, see Ala. Code § 31-9-8;
“WHEREAS, St. Clair County has been impacted by the existence of a smoldering underground fire on a privately operated landfill located at 1317 Annie Lee Road;
“WHEREAS, the smoke from this fire has the potential to impact the health, safety, and welfare of citizens living nearby;
“WHEREAS, the St. Clair County Commission declared the existence of emergency conditions by resolution dated January 3, 2023;
“WHEREAS, the Alabama Emergency Management Act confers upon the County Commission, upon its determination of the existence of emergency conditions, certain authority to waive procurement, contracting, purchasing, appropriation and expenditure laws, and various other emergency powers, see Ala. Code § 31-9-10(b)(5);
“WHEREAS, St. Clair County officials have publicly expressed a desire to be granted the maximum authority allowed by law to quickly undertake all necessary actions to extinguish the fire;
“WHEREAS, to the extent a declaration of a state of emergency by the Governor provides any additional authority to the County Commission and its chair under the Emergency Management Act, the Governor desires to confer such authority, see Ala. Code § 31-9-10(c); and
“WHEREAS, this event poses extraordinary conditions of disaster and of extreme peril to the safety of persons and property within St. Clair County, and it is anticipated that these conditions, by reason of their magnitude, are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city, and will require combined forces to combat, see Ala. Code § 31-9-3;
“NOW THEREFORE, I, Kay Ivey, Governor of the State of Alabama, pursuant to the relevant provisions of the Alabama Emergency Management Act of 1955, as amended, Ala. Code §§ 31-9-1 et seq., do hereby proclaim that a state of emergency exists in St. Clair County to address the fire at 1317 Annie Lee Road.
“FURTHER, pursuant to the Emergency Management Act, the chair of the St. Clair County Commission “may execute a resolution on behalf of the governing body declaring that any of the conditions described in Section 31-9-2(a) has occurred or is imminently likely to occur.” Ala. Code § 31-9-10(c)(1).
“FURTHER, pursuant to the Emergency Management Act, execution of such a resolution shall authorize the St. Clair County Commission to “waive procedure and formalities otherwise required by law pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the utilization of volunteer workers, the rental of equipment, the purchase and distribution with or without compensation of supplies, materials, and facilities, and the appropriation and expenditure of public funds.” Ala. Code § 31-9-10(b)(5)a; see also id. § 31-9-10(c)(2).
“FURTHER, all persons and entities identified in Alabama Code § 31-9-16(b)- including, in particular, St. Clair County and its officials, agents, contractors, and employees – are authorized and directed to take reasonable steps, in conjunction with all relevant federal, state, or local entities, to extinguish the fire and mitigate its effects, and in so doing, they shall be afforded all of the legal immunities conferred by operation of the Emergency Management Act. See Ala. Code § 31-9-16.
“FURTHER, the citation to specific legal authorities in this emergency proclamation does not preclude St. Clair County or its officials, agents, contractors, or employees from exercising any other authority conferred upon them under the Emergency Management Act or any other provision of law.
“FURTHER, to the extent a provision in this proclamation conflicts with any provision of state law, that law is hereby suspended for the duration of this state of emergency, and this proclamation shall control.
“FURTHER, I declare that this proclamation, and all subsequent orders, laws, rules, or regulations issued pursuant hereto, shall remain in full force and effect for the duration of this state of emergency, unless rescinded or extended by proclamation.”