3s UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
M. 3 WASHINGTON, DC. 20460
11a e?

SEP 26 2012

OFFICE OF
Return Receipt Requested In Reply Refer to: 

Certi?ed Mail# 7004-2510-0004~2241-7357 EPA File No. 01 R-12-R4

David A. Ludder
9150 McDougal Court
Tallahassee, FL 32312-4208

 

Re: Dismissal without prejudice of Administrative Complaint
Dear Mr. Ludder:

This letter concerns the administrative complaints you ?led with the U.S. Environmental
Protection Agency (EPA) on January 6, 2012, and February 21, 2012, on behalf of the listed
complainants who are residents of Uniontown, Alabama (Complainants). The complaints have
been consolidated as EPA File No. 01R-12-R4 (Complaint). The Complainant alleges that the
Alabama Department of Environmental Management (ADEM) violated Title VI of the Civil
Rights Act of 1964, as amended (Title VI) at 42 U.S.C, 2000d et seq, and regulatiOns
implementing Title VI at 40 CPR. Part 7 when approving the renewal and modi?cation of
Permit 53-03 to Perry County Associates, LLC, for construction and operation of the Arrowhead
Land?ll, a municipal solid waste land?ll in Perry County, Alabama. The Complaint alleges that
ADEM's action of renewing and modifying Permit 52-03 will have the effect of adversely and
diSparately impacting the African American residents in the surrounding community. EPA
noti?ed you by letter on June 14, 2012, that it had accepted for investigation the allegations in
the Complaint.

OCR has learned that in 2010, certain residents of Perry County ?led a civil action in the
US. District Court for the Southern District of Alabama, Northern Division, against Phill-Con
Services, LLC, the operator of the Arrowhead Land?ll, to enforce an emission standard or
limitation under the Clean Air Act, 42 U.S.C. and to enforce a standard, regulation,
requirement, or prohibition under the Solid Waste Disposal Act, 42 U.S.C. 6901-6992k. Also in
2010, certain residents of Perry County ?led a civil action in state court against Phill-Con and
Phillips 8: Jordan, Inc. (a contractor at the land?ll), asserting state law claims including
negligence, wantonness, nuisance, and trespass resulting from the construction and operation of
the land?ll. In addition to other remedies, the Plaintiffs seek a permanent injunction that the
land?ll ceases Operating in such a manner as to cause certain impacts. Both of these actions
were subsequently removed to the US. Bankruptcy Court for the Southern District of Alabama,
Selma Division, where the litigation has been consolidated. The bankruptcy court con?rmed on
January 26, 2011, that the cases would be jointly administered for all pretrial purposes under
Adversary Proceeding Case No. 10-00075. OCR understands that the litigation is still ongoing.

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In situations where the allegations raised in the complaints involve the same facts that are
also the subject of litigation in Federal court, such that the result of those proceedings could
affect the outcome of the Title VI investigation, it is general practice to dismiss without
prejudice the administrative complaint, pending results of the litigation. Therefore, OCR is
dismissing without prejudice, complaint pending results of the litigation.

If, after conclusion of the litigation, you, on behalf of the Complainants, believe that the
discrimination alleged in the Complaint is still occurring, and wish to re?le your complaint, it
must be re?led within 60 calendar days following termination or conclusion of the proceeding.
In the event that you do re?le your complaint, please include the file number 01R-12-R4.
However, if your complaint is re?led, OCR may choose not to proceed with a complaint
investigation if issues relevant to the complaint are substantively decided by the Federal court or
the remedies ordered by the court have resolved the complaint.

If you have any questions, please contact Ms. Helena Wooden-Aguilar, Assistant
Director of the OCR External Compliance Program by telephone at (202) 564-0792, via
electronic mail at or by mail at: US EPA, Office of Civil
Rights (Mail Code 1201A), 1200 Avenue, N.W., Washington, DC, 20460-1000.

?ncerely,

dab/Mae

Rafael DeLeon

Director
cc: Lance R. Le Fleur, Director
Alabama Department of Environmental Management
1400 Coliseum Blvd.

Montgomery, AL 36130-2400

Stephen G. Pressman, Associate General Counsel
Civil Rights Finance Law Of?ce (MC 2399A)

Teresa Murray, EEO Of?cer
EPA Regitm IV

Rhonda B. Bailey, Title VI Contact
EPA Region IV

Peurifoy, Contact
EPA Region IV