In a significant development, the Alabama Department of Environmental Management (ADEM) and Indorama Ventures Sustainable Solutions LLC (“IVSS”), producers of polyethylene terephthalate flakes and pellets, have entered into a Consent Order (CO). Dated October 19th, the order seeks to address alleged violations of a State Indirect Discharge (SID) permit at IVSS’s facility in Athens, Alabama.
According to details from the CO highlighted by the law firm Mitchell, Williams, Selig, Gates & Woodyard, IVSS’s operations involve forming PET pellets from feedstock consisting of post-consumer PET bottles. The facility reportedly makes use of steam and pressure to clean and sterilize the bottles, a process that also helps in removing caps, labels, and other non-PET materials.
The captured and treated process wastewater is then discharged to the city’s publicly-owned treatment works (POTW) under the terms of an SID permit obtained from ADEM. As part of the rules and regulations, IVSS is required to maintain a pretreatment system in compliance with the SID permit.
However, the ADEM had reportedly identified multiple violations during an on-site inspection of the IVSS facility. These alleged violations encompassed failure to comply with SID permit limitations for specific pollutants and failure to implement Best Management Practices (BMP), among others.
The Consent Order aims to rectify these violations, mandating IVSS to correct any areas of noncompliance identified during the ADEM inspection. The company is also required to enhance and maintain its pretreatment system, and to ensure compliance with SID permit limitations going forward. Moreover, IVSS must submit a revised Pretreatment Program Update to be reviewed and approved by ADEM before implementation.
The handling of this issue could set precedence for companies operating under similar parameters and regulatory requirements. Prompt correction of noncompliance positions, systematic communication with the local environmental departments, and diligent adherence to approved Pretreatment Program Updates can help organizations ensure uninterrupted operations while minimizing potential environmental harm. Of course, further developments on this matter will be of significant interest to many legal professionals specialized in environmental law.