DEKALB COUNTY- DEKALB COUNTY– The Alabama Department of Environmental Management is proposing a $173,270 civil penalty against two property owners over an alleged illegal scrap-tire site in the Aroney community.
ADEM’s proposed administrative order names Richard S. and Edward H. Burns as the owners. The agency alleges that approximately 30,000 scrap tires accumulated at the site without the required state registrations or permits.
The property, located at 244 County Road 379 and carrying a Boaz mailing address, is physically located in DeKalb County.
The proposed order also connects the enforcement action to a large tire fire reported at the property in October 2025.
Tire Fire Led to State Inspection
According to the nine-page proposed order, the DeKalb County Emergency Management Agency notified ADEM of a large tire fire at the property on October 17, 2025.
ADEM personnel inspected the site and reported seeing burning tires. They also observed unburned tires outside the fire area.
The following day, ADEM conducted another inspection and reviewed agency records. Inspectors estimated that approximately 30,000 scrap tires had accumulated in uncovered piles and remained exposed to the elements. A portion of the tires had burned during what the order describes as a significant fire.
A WAFF report published during the incident said local fire departments, emergency management agencies, ADEM, the Alabama Forestry Commission, and the U.S. Environmental Protection Agency assisted with the response.
EPA established two air-monitoring stations near the closest residences and directly downwind from the fire. Officials said the initial results were acceptable for human health. However, residents were still advised to avoid the smoke and limit outdoor activities in affected areas.
The EPA’s federal site profile identifies the location as the “County Rd 379 Tire Fire” site. The profile lists the property under EPA identification number ALN000421239 and states that it is not on the National Priorities List.
ADEM Alleges Multiple Violations
Alabama regulations generally prohibit someone from accumulating more than 100 scrap tires unless the person operates under an applicable registration, permit, or approved storage limit.
ADEM alleges that neither the property owners nor anyone legally associated with the site had registered it as a scrap-tire receiver. The agency also reported finding no scrap-tire processor permit or solid-waste disposal facility permit connected to the property.
In addition, inspectors reported finding no clear evidence that a legitimate scrap-tire processing facility or other tire-related business operated at the site. Therefore, ADEM concluded that the tires had been transported to the property without a required scrap-tire transporter permit.
The agency also alleges that the burning of tires violated Alabama’s open-burning regulations. Those regulations prohibit the open burning of rubber, plastics, asphalt products, chemicals, garbage, and other unauthorized materials.
On November 7, 2025, ADEM mailed the property owners a notice of violation requiring the full cleanup and closure of the site. Postal Service tracking indicated that the notice arrived on November 17.
According to the proposed order, ADEM had not received a response to that notice when the agency prepared the enforcement action.
ADEM said it had no information showing irreparable environmental damage or an immediate threat to public health from the site’s continued presence. Nevertheless, the agency classified the alleged violations as serious because unauthorized scrap-tire sites can threaten public health, public safety, and the environment.
The agency also found no documented history of previous violations involving Alabama’s scrap-tire or open-burning regulations.
Proposed Penalty Includes $5 for Each Tire
ADEM initially calculated $23,270 in penalties for three alleged violations.
That amount includes $12,000 for unauthorized open burning, $10,000 for creating an illegal scrap-tire site, and $1,270 for allegedly transporting tires without a permit.
The agency then added $150,000 under an Alabama law requiring a $5 assessment for each tire involved in unauthorized accumulation, transportation, processing, or disposal. Based on the estimated 30,000 tires, the final proposed penalty totals $173,270.
For comparison, ADEM’s 2022-2024 Scrap Tire Program Biennial Report says the state assessed approximately $104,005 in penalties connected to unauthorized tire sites during that entire two-year reporting period.
Order Would Require Complete Cleanup
If ADEM issues the order, Richard S. and Edward H. Burns would have 45 days after receiving it to pay the civil penalty.
The proposed order would also require them to immediately stop creating, operating, or contributing to illegal scrap-tire sites.
Within 30 days of receiving the order, they would have to submit a remediation plan prepared by an engineer. ADEM would have to approve that plan before cleanup work could begin.
After completing the cleanup, the owners would have to provide ADEM with records showing how many tires and other regulated materials were removed. They would also have to submit disposal receipts, before-and-after photographs, and documentation showing that surface and subsurface waste had been removed.
The order could also require erosion-control work and measures to secure the property against future illegal dumping.
ADEM’s notice does not state whether cleanup has started or how many tires remain at the property as of July 2026.
Public May Comment on Proposed Action
The proposed penalty and cleanup requirements are not yet final.
ADEM published the notice on July 15 and provided a 30-day public-comment period. Therefore, comments and requests for a hearing may be submitted through the close of business on August 14.
Written comments should be addressed to Stephen A. Cobb, chief of ADEM’s Land Division, at P.O. Box 301463, Montgomery, Alabama 36130-1463.
After reviewing any comments, ADEM may issue the order, modify it, or take another action allowed under state law.
AREA NEWS
ADEM Proposes $173,270 Penalty Over Alleged Illegal DeKalb County Scrap-Tire Site
DEKALB COUNTY- DEKALB COUNTY– The Alabama Department of Environmental Management is proposing a $173,270 civil penalty against two property owners over an alleged illegal scrap-tire site in the Aroney community.
ADEM’s proposed administrative order names Richard S. and Edward H. Burns as the owners. The agency alleges that approximately 30,000 scrap tires accumulated at the site without the required state registrations or permits.
The property, located at 244 County Road 379 and carrying a Boaz mailing address, is physically located in DeKalb County.
The proposed order also connects the enforcement action to a large tire fire reported at the property in October 2025.
Tire Fire Led to State Inspection
According to the nine-page proposed order, the DeKalb County Emergency Management Agency notified ADEM of a large tire fire at the property on October 17, 2025.
ADEM personnel inspected the site and reported seeing burning tires. They also observed unburned tires outside the fire area.
The following day, ADEM conducted another inspection and reviewed agency records. Inspectors estimated that approximately 30,000 scrap tires had accumulated in uncovered piles and remained exposed to the elements. A portion of the tires had burned during what the order describes as a significant fire.
A WAFF report published during the incident said local fire departments, emergency management agencies, ADEM, the Alabama Forestry Commission, and the U.S. Environmental Protection Agency assisted with the response.
EPA established two air-monitoring stations near the closest residences and directly downwind from the fire. Officials said the initial results were acceptable for human health. However, residents were still advised to avoid the smoke and limit outdoor activities in affected areas.
The EPA’s federal site profile identifies the location as the “County Rd 379 Tire Fire” site. The profile lists the property under EPA identification number ALN000421239 and states that it is not on the National Priorities List.
ADEM Alleges Multiple Violations
Alabama regulations generally prohibit someone from accumulating more than 100 scrap tires unless the person operates under an applicable registration, permit, or approved storage limit.
ADEM alleges that neither the property owners nor anyone legally associated with the site had registered it as a scrap-tire receiver. The agency also reported finding no scrap-tire processor permit or solid-waste disposal facility permit connected to the property.
In addition, inspectors reported finding no clear evidence that a legitimate scrap-tire processing facility or other tire-related business operated at the site. Therefore, ADEM concluded that the tires had been transported to the property without a required scrap-tire transporter permit.
The agency also alleges that the burning of tires violated Alabama’s open-burning regulations. Those regulations prohibit the open burning of rubber, plastics, asphalt products, chemicals, garbage, and other unauthorized materials.
On November 7, 2025, ADEM mailed the property owners a notice of violation requiring the full cleanup and closure of the site. Postal Service tracking indicated that the notice arrived on November 17.
According to the proposed order, ADEM had not received a response to that notice when the agency prepared the enforcement action.
ADEM said it had no information showing irreparable environmental damage or an immediate threat to public health from the site’s continued presence. Nevertheless, the agency classified the alleged violations as serious because unauthorized scrap-tire sites can threaten public health, public safety, and the environment.
The agency also found no documented history of previous violations involving Alabama’s scrap-tire or open-burning regulations.
Proposed Penalty Includes $5 for Each Tire
ADEM initially calculated $23,270 in penalties for three alleged violations.
That amount includes $12,000 for unauthorized open burning, $10,000 for creating an illegal scrap-tire site, and $1,270 for allegedly transporting tires without a permit.
The agency then added $150,000 under an Alabama law requiring a $5 assessment for each tire involved in unauthorized accumulation, transportation, processing, or disposal. Based on the estimated 30,000 tires, the final proposed penalty totals $173,270.
For comparison, ADEM’s 2022-2024 Scrap Tire Program Biennial Report says the state assessed approximately $104,005 in penalties connected to unauthorized tire sites during that entire two-year reporting period.
Order Would Require Complete Cleanup
If ADEM issues the order, Richard S. and Edward H. Burns would have 45 days after receiving it to pay the civil penalty.
The proposed order would also require them to immediately stop creating, operating, or contributing to illegal scrap-tire sites.
Within 30 days of receiving the order, they would have to submit a remediation plan prepared by an engineer. ADEM would have to approve that plan before cleanup work could begin.
After completing the cleanup, the owners would have to provide ADEM with records showing how many tires and other regulated materials were removed. They would also have to submit disposal receipts, before-and-after photographs, and documentation showing that surface and subsurface waste had been removed.
The order could also require erosion-control work and measures to secure the property against future illegal dumping.
ADEM’s notice does not state whether cleanup has started or how many tires remain at the property as of July 2026.
Public May Comment on Proposed Action
The proposed penalty and cleanup requirements are not yet final.
ADEM published the notice on July 15 and provided a 30-day public-comment period. Therefore, comments and requests for a hearing may be submitted through the close of business on August 14.
Written comments should be addressed to Stephen A. Cobb, chief of ADEM’s Land Division, at P.O. Box 301463, Montgomery, Alabama 36130-1463.
After reviewing any comments, ADEM may issue the order, modify it, or take another action allowed under state law.
AREA NEWS
Download the WEIS Radio app in the Apple App Store and Google Play Store or subscribe to our text alerts here.
ADEM Proposes $173,270 Penalty Over Alleged Illegal DeKalb County Scrap-Tire Site
Tony Smith, Sheri Rollins Chosen to Lead Gadsden State Cardinal Foundation Board
Cherokee Countywide Grants Celebrated at Spring Garden High School