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{g UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
if; WASHINGTON, DC. 20460

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JUN 2 'Il 2013
OFFICE OF
CIVIL RIGHTS
Return Receipt Requested In Reply Refer To:
Certi?ed Mail#: 7004-1160-0002?3622?6376 EPA File No: 12R-13-R4

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

Re: Acceptance of Administrative Complaints
Dear Mr. Ludder:

This letter is to notify you that the U.S. Environmental Protection Agency (EPA), Of?ce
of Civil Rights (OCR), has accepted for investigation your administrative complaint ?led against
the Alabama Department of Environmental Management (ADEM). EPA received your
complaint on June 3, 2013. Your complaint concerns approval of permits to Perry
County Associates, LLC, regarding the Arrowhead Land?ll, Perry County, Alabama (Permit No.
53-03). Your complaint alleges that ADEM violated Title VI of the Civil Rights Act of 1964, as
amended (Title VI) at 42 U.S.C, 2000d er seq. and regulations implementing Title VI
at 40 CPR. Part 7.

Pursuant to nondiscrimination regulations, OCR conducts a preliminary review of
administrative complaints for acceptance, rejection, or referral. 40 C.F.R. To be
accepted for investigation, a complaint must meet the jurisdictional requirements described in
nondiscrimination regulations. First, it must be in writing. Second, it must describe an
alleged discriminatory act that violates nondiscrimination regulations (ag. an alleged
discriminatory act based on race, color, or national origin). Third, it must be ?led within 180
calendar days of the alleged discriminatory act. 40 CPR. Finally, the complaint
must be against a recipient of EPA assistance that allegedly committed the discriminatory act.
40 C.F.R. 7.15.

Your complaint alleges that actions of reissuing and modifying, on September
27, 2011 and February 3, 2012 respectively, Solid Waste Disposal Facility Permit No. 53-03
authorizing Perry County Associates, LLC to construct and operate the Arrowhead Land?ll, will
adversely and disparater impact the African-American residents in the adjacent community.

  I -  .I  - 

Therefore, OCR is accepting the following allegations for investigation:

1) ADEM violated Title VI and implementing regulations on September 27,
201 1, by reissuing Permit No. 53-03 to Perry County Associates, LLC to construct and
operate the Arrowhead municipal solid waste land?ll in Perry County, Alabama. The
Arrowhead land?ll permit renewal will adversely and disparately impact the African-
American residents in the nearby community; and 

2} ADEM violated Title VI and implementing regulations on February 3,
2012, by authorizing a permit modi?cation to expand the disposal area of the
Arrowhead municipal solid waste land?ll in Perry County, Alabama, by 169. I 7" acres
The modi?cation will have the effect of adversely and disparater impacting
the African-American residents in the surrounding community.

These allegations are accepted for investigation because they meet four
jurisdictional requirements. First, the complaint is in writing. Second, the complaint describes
alleged discriminatory acts that may violate nondiscrimination regulations. Third, the
complaint was timely ?led. On September 26, 2012, OCR dismissed without prejudice
complaint because relevant issues were pending befOre a bankruptcy court. In the
dismissal letter, OCR indicated that the cOmplaint could be re??led within 60 days of the
termination of the litigation. The litigation was dismissed with prejudice by motion of the parties
on April 16, 2013. EPA received this complaint on June 3, 2013 within the 60 day deadline.
Thus, the complaint is timely. Finally, the complaint was ?led against ADEM, a recipient of
EPA assistance.

Pursuant to nondiscriminatiOn regulations, ADEM may make a written submission
to OCR responding to, rebutting, or denying the allegations raised in the complaint. 40 CPR. 
ADEM may respond within 30 calendar days of receiving this notice. 40 CPR.
Additionally, nondiscrimination regulations provide that OCR will
attempt to resolve complaints informally whenever possible. 40 CPR. 

If you have any questions, please contact Karen Randolph of the OCR External
Compliance Program by telephone at (202) 564-0232, via electronic mail at
Randolph.Karen@epa.gov, or by mail at: US EPA, Of?ce of Civil Rights, (Mail Code 1201A),
1200 Avenue, N.W., Washington, D.C., 20460?1000.

51:71? 

1 Simona
Acting Director

CC:

Lance R. Le Fleur, Director

Alabama Department of Environmental Management
1400 Coliseum Blvd.

Montgomery, AL 36130

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

Teresa Murray, EEO Of?cer
EPA Region IV

Naima I-Ialim?Chestnut, Title VI Contact
EPA Region IV