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House passes landfill bill allowing alternative materials as temporary cover

Brandon Moseley

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The Alabama House of Representatives passed a bill Thursday to change the statutory definition so that temporary “cover” in landfills can be a material other than “earth.”

House Bill 140 is sponsored by State Rep. Alan Baker, R-Brewton.

The bill allows landfills to use alternative daily covers in place of earth to cover landfills until the next business day. “The EPA has allowed this since 1979,” Baker said. It would save landfills the cost of using earth for daily cover.

“This does not change anything in the operating rules for landfills,” Baker said.

A number of members from both parties expressed concerns about this bill on Tuesday, so the bill was carried over until Thursday.

Speaker of the House Mac McCutcheon told reporters, “Sometimes in a debate you can see that the debate is not a filibuster or anti-debate; but rather is an honest effort by members to understand a bill.”

“There was a lot of misinformation out there,” McCutcheon said. The Environmental Services Agency and ADEM were brought in to explain the members and address their concerns.

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McCutcheon said that human biosolids is a separate issue and that Rep. Tommy Hanes has introduced legislation dealing with that issue.

Alternative daily cover is often described as cover material other than earthen material placed on the surface of the active face of a municipal solid waste landfill at the end of each operating day. It is utilized to control vectors, fires, odors, blowing litter, and scavenging. Federal and various state regulations require landfill operators to use such earthen material unless other materials are allowed as alternatives (Mitchell Williams writing on Oct 31 in JDSUPRA).

Soil cover can use valuable air space. Further, it can generate the need to excavate and haul soil to the facility. Alternative daily covers are often advocated to be a more efficient and cost-effective means of cover (Williams).

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Baker said that it would be up to ADEM (the Alabama Department of Environmental Management) in the permit whether to allow a proposed alternative cover or not.

Baker said, “This bill does not change any of the materials used as cover.” “This would keep us from having to use that good earth in landfills when other materials are available. If it becomes a nuisance ADEM can revoke a cover on the permit. Daily cover has to be approved at the discretion of ADEM.”

Baker said that only materials not constituted as a risk to health or are not a hazard can be used.

An environmental attorney shared the list of ADEM alternative covers with the Alabama Political Reporter. The list includes: auto fluff, excavated waste, synthetic tarps, coal ash, petroleum contaminated soil, automotive shredder residue, shredder fluff, wiring insulation, contaminated soils, paper mill (including wood debris, ash shaker grit, clarifier sludge, dregs, lime), 50 percent on-site soil and 50 percent tire chips, spray-on polymer-based materials, reusable geosynthetic cover, automobile shredder fluff, tarps, foundry sand, clay emulsion known as USA Cover Top clay emulsion, non-hazardous contaminated soil, non-hazardous solid waste clarifier sludge, steckle dust all generated from Nucor Steel Tuscaloosa Inc., non-coal ash from Kimberly Clark operations, lagoon sludge from Armstrong World Industries operations, meltshop refractory material from Outokumpu Stainless USA operations, paper mill waste (non-coal ash, slaker grits, dregs, and lime), biodegradable synthetic film, fly ash, residue from wood chipper or paper, slurry with a fire retardant and tactifierl, Posi Shell Cover System, waste Cover, foundry waste, 50 percent soil and 50 percent automobile shredder fluff, incinerator ash, green waste to soil. Sure Clay Emulsion Coating, alternative cover materials (manufactured), compost produced by IREP Montgomery-MRF, LLC, 50 percent saw dust mixed with 50 percent soil, and waste soils considered to be special waste.

McCutcheon said that members did not understand that these were just temporary covers. That was explained to them.

Alabama landfills have used alternative covers for years; but three people sued saying that this was not allowed under Alabama law and that ADEM had exceeded its mandate by permitting alternate covers. On October 11, 2019 the Alabama Court of Civil Appeals found in favor of the plaintiffs.

HB140, if passed, would address this oversight in the Alabama legal code so that ADEM and the landfills can legally continue to use alternate covers and not have the added expense of quarrying dirt for daily cover.

A Senate version of the same bill received a favorable report last week from the Fiscal Responsibility and Economic Development Committee.

HB140 now goes to the Alabama Senate.

 

Brandon Moseley is a senior reporter with eight and a half years at Alabama Political Reporter. You can email him at [email protected] or follow him on Facebook. Brandon is a native of Moody, Alabama, a graduate of Auburn University, and a seventh generation Alabamian.

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Alabama Legislative Black Caucus holds meetings on racism in wake of George Floyd death

Eddie Burkhalter

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State Sen. Vivian Figures, D-Mobile, is the chair of the Alabama Legislative Black Caucus.

Members of the Alabama Legislative Black Caucus in recent months have been meeting with Gov. Kay Ivey, state law enforcement officials and others to voice their concern over systemic racism in Alabama, the group said in a statement Friday. 

Alabama Legislative Black Caucus members in June met with Ivey, and in follow-up meetings with other state officials and leaders of higher education, members discussed what they believe needs changing to battle racism in Alabama, according to the press release. 

“We are very appreciative of Governor Ivey and all of the officials with whom we have met thus far,” said State Sen. Vivian Figures, D-Mobile, chairwoman of the ALBC, in a statement. “Our dialogues have been very substantive and productive as the Caucus presented our concerns and recommendations. Our goal is to get to the root of and eradicate racism and anything that communicates hatred, bigotry or divisiveness within the State of Alabama. The tragic and senseless death of George Floyd caused us all to take a closer look at the systemic racism at work here in Alabama.”

ALBC members met with officials from Alabama Law Enforcement Agency, the Alabama Sheriffs Association, the Alabama Association of Police Chiefs and Katie Britt, president and CEO of the Business Council of Alabama along with BCA’s Executive Leadership Committee.

Members also met with The University of Alabama System Chancellor Finis St. John, and Jay Gogue, president of Auburn University. 

In the statement, ALBC members applauded the University of Alabama’s Board of Trustees for voting unanimously to rename Nott Hall — named for Josiah Nott, a doctor who believed in white superiority — Honors Hall. 

“The University of Alabama had already started this endeavor before our meeting with them this past Tuesday,” said State Rep. A.J. McCampbell, D-Gallion, vice chairman of ALBC, in a statement. “That was a great first step and strong leadership was shown. We are looking forward to the other institutions of higher learning in Alabama to do the same as well. The Caucus also hopes that all members of the Alabama Legislature have been inspired to adopt and make meaningful changes in legislation that governs our state.”

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Figures said the group of elected senators and representatives are holding these talks, with plans for others, “so that people will stop focusing on Alabama’s sordid past, and instead see a beautiful Alabama present, and the makings of a bright future for all Alabamians.” 

“During each of these meetings, our members have had the opportunity to voice what we feel the necessary changes should be. I just hope this openness to positive change continues throughout the upcoming 2021 Alabama Legislative Session,” said State Senate Minority Leader Bobby Singleton, D-Greensboro, in a statement. 

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State senator calls for Rep. Dismukes to resign over celebration of former Klan leader

“Since first being elected in 1996, I’ve had a policy of not publicly criticizing other elected officials, but at this time I am making an exception since Rep. Dismukes is MY state representative,” Chambliss wrote in a tweet. “He does not represent my views or the views of the vast majority of people in District 88.” 

Eddie Burkhalter

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State Sen Clyde Chambliss, R-Prattville, on Monday called for the resignation of Rep. Will Dismukes, R-Prattville.

State Sen Clyde Chambliss, R-Prattville, on Monday called for the resignation of Rep. Will Dismukes, R-Prattville, after posting to social media about attending a birthday celebration for Nathanial Bedford Forrest, a Confederate general and first Grand Wizard of the Ku Klux Klan.

Dismukes posted a photo of himself on Sunday speaking at Fort Dixie outside of Selma on Saturday, the same day that late Congressman and Civil Rights hero Rep. John Lewis, was honored in Selma. 

“Since first being elected in 1996, I’ve had a policy of not publicly criticizing other elected officials, but at this time I am making an exception since Rep. Dismukes is MY state representative,” Chambliss wrote in a tweet. “He does not represent my views or the views of the vast majority of people in District 88.” 

“The post is bad enough, the timing is even worse, but the real problem is that an elected official in 2020 would attend a celebration of the life of someone that led a group that terrorized and killed other human beings,” Chambliss continued in the tweet. “He has had 24 hours to understand why people are so upset, but his interview on WSFA a few moments ago confirms that he is lacking in understanding and judgment — he should resign immediately.” 

Dismukes in the WSFA interview told a reporter that he hadn’t thought about the memorial for Rep. Lewis and connected it to his attendance at the celebration for the Klan leader. 

Dismukes told WSFA that he won’t apologize for his family’s service in the “war between the states” that he said wasn’t primarily fought over slavery, that he’s not a racist but that he doesn’t see the need for the current racial reconciliation. 

“We no longer drink from separate water fountains, and we no longer have segregated schools,” Dismukes told WSFA. “You know there’s abundant work opportunities for all colors, there’s abundant scholarship opportunities for all colors. So what are you asking that needs to be racially reconciled?”

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Chambliss may be the first Republican lawmaker in Alabama to call for Dismukes’ resignation, but others have expressed concern over his social media post and attendance at the event. 

Alabama Republican Party Chairman Terry Lathan issued a statement addressing the post, and said he believes voters should decide whether Dismukes keeps his office. 

“While Rep. Dismukes has released a statement attempting to clarify his actions as a private citizen attending a celebration of the first Grand Wizard of the Klu Klux Klan, Alabamians hold their elected officials to a high standard of actions. So does the Republican Party,” Lathan said in the statement. 

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“Rep. Dismukes offered no explanation for why he participated in a birthday celebration of Nathan Bedford Forrest. Additionally, I find his statement to be shallow in understanding why his activities are deeply offensive to so many Alabamians. His constituents will be the final decision-makers of his political future.”

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Republicans are concerned by Rep. Dismukes’ Confederate social media posts

Brandon Moseley

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Rep. Will Dismukes, R-Prattville, is facing criticism for attending a birthday celebration for the first Grand Wizard of the Ku Klux Klan.

House Majority Leader Nathaniel Ledbetter, R-Rainsville, on Monday released a statement in response to a recent social media post by State Rep. Will Dismukes, R-Prattville, who was in Selma Saturday celebrating Confederate General and Ku Klux Klan leader Gen. Nathan Bedford Forest’s birthday over the weekend. This was while much of the rest of the state was celebrating the life of Alabama native and Civil Rights Movement legend Congressman John Lewis.

“The Alabama Republican Caucus is comprised of 75 men and women, each of whom have their own beliefs and principles that guide their lives,” Ledbetter said. “The personal beliefs expressed by any one member do not reflect the beliefs of the others, and their activities outside the Legislature should be considered their own, as well.”

“Several of our Republican Caucus members have reached out to me with concerns about the content and timing of a recent social media post by State Rep. Will Dismukes, and I, as a House member, share those concerns,” Ledbetter continued. “We live in a nation that guarantees each citizen the right to express the ideas they wish to share, and in the case of a public official, voters will ultimately decide if they agree with those ideas.”

Speaker of the House Mac McCutcheon, R-Monrovia, also released a statement regarding the controversial social media post.

“The Alabama House cannot police the beliefs, statements, and activities of its members outside the Legislature as that is a job best assigned to voters in each House district across the state,” McCutcheon said. “It is important to note, however, that I and many other members of the House devoted our weekend toward honoring an Alabama native and civil rights icon who dedicated his life to securing freedom, liberty, and equality for all Americans.”

“While Rep. Dismukes has released a statement attempting to clarify his actions as a private citizen attending a celebration of the first Grand Wizard of the Klu Klux Klan, Alabamians hold their elected officials to a high standard of actions. So does the Republican Party,” said Alabama Republican Party Chairman Terry Lathan. “Rep. Dismukes offered no explanation for why he participated in a birthday celebration of Nathan Bedford Forrest. Additionally, I find his statement to be shallow in understanding why his activities are deeply offensive to so many Alabamians. His constituents will be the final decision-makers of his political future.”

“The Alabama of today was on full, honorable display as we paid humble tribute this weekend to the life of Congressman John Lewis,” Lathan continued. “That is the Alabama that we are proud of — showing the nation and world that we are one in the common goals of equality for all of our citizens.”

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“It is one thing to honor one’s Southern heritage, however, it is completely another issue to specifically commemorate the leader of an organization with an indisputable history of unconscionable actions and atrocities toward African-Americans,” Lathan concluded. “I strongly urge his constituents to contact Rep. Dismukes to articulate and share with him their thoughts on his personal actions.”

On Sunday, Dismukes shared several pictures from the celebration of Gen. Forest’s birthday, with the caption: “Had a great time at Fort Dixie speaking and giving the invocation for Nathan Bedford Forrest annual birthday celebration. Always a great time and some sure enough good eating!!”

After the comments became a social media firestorm that has garnered press attention, Dismukes attempted to explain his position.

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“First and foremost, my post yesterday was in no way related to disrespecting the passing of Rep. John Lewis,” Dismukes said. “That wasn’t even a thought in my mind. That is not who I am as a person. I am a transparent person. To the point that as a public official I lay it all there for the people to see for better or for worse at times. My post yesterday was as usual me sharing a previous days events. The post was in no way intended to seem as if I was glorifying the Klan or any party thereof. The very atrocities and actions they committed are a disgrace to our country.”

“Also, we are all individual members that make up our legislature. I made a post independent of my colleagues,” Dismukes continued. “I made a post independent of my colleagues. My regret is that I have allowed them to be put in a negative light. If you disagree with me and my beliefs do not hold them under the same umbrella. I can live with a dislike for me, but not fellow members, or members of my own personal family. Our body as a whole is made up of some of the finest people I have ever had the honor of knowing and working with, both Democrat and Republican. I close by reiterating that my post was in no way glorifying the Klan or disrespecting the late Rep. John Lewis.”

The Alabama Democratic Party had already come out and demanded that Dismukes resign months ago when it became known that he, a minister, was chaplain for a Sons of the Confederacy chapter in central Alabama.

Dismukes is serving in his first term in the Alabama House. He briefly was a congressional candidate in Alabama’s 2nd District but dropped out of the race before the Republican Primary.

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Alabama lawmaker faces sharp criticism over celebration of former KKK leader

Micah Danney

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State Rep. Will Dismukes, R-Prattville, shared a post on Facebook after a birthday celebration for Nathan Bedford Forrest, the first Grand Wizard of the Ku Klux Klan.

State Rep. Will Dismukes, R-Prattville, is again facing calls to resign over a social media post he made about his participation in an event honoring Confederate heritage.

Dismukes posted a photo of himself on Sunday speaking at Fort Dixie the day before, where a yearly event was held celebrating the birthday of Nathan Bedford Forrest, a Confederate general and first Grand Wizard of the Ku Klux Klan.

“Had a great time at Fort Dixie speaking and giving the invocation for Nathan Bedford Forrest annual birthday celebration. Always a great time and some sure enough good eating!!” Dismukes wrote above a photo of himself speaking on a porch adorned with a portrait of Forrest and several Confederate flags. The post is no longer visible.

Criticism was swift on social media as word spread that Dismukes attended the celebration on the same weekend that the late Congressman and Civil Rights hero, Rep. John Lewis, was honored in Selma, where Lewis was nearly beaten to death in 1965, during the march for voting rights that crossed the Edmund Pettus Bridge.

Alabama Democratic Party Executive Director Wade Perry called for Dismukes to resign.

“Will Dismukes has demonstrated yet again why he is unfit to hold public office,” Perry said in a statement. “Americans don’t celebrate racists or traitors. Nathan Bedford Forrest was both. And a founder of the Klan. The Alabama Democratic Party renews our call for Dismukes to resign. It’s 2020 and it’s time for racial extremists like Will Dismukes to go away.”

Dismukes posted a statement on Monday addressing the criticism: “First and foremost, my post yesterday was in no way related to disrespecting the passing of Rep. John Lewis. That wasn’t even a thought in my mind. That is not who I am as a person.

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“I am a transparent person. To the point that as a public official I lay it all there for the people to see for better or for worse at times. My post yesterday was as usual me sharing a previous days events. The post was in no way intended to seem as if I was glorifying the Klan or any party thereof. The very atrocities and actions they committed are a disgrace to our country.

“Also, we are all individual members that make up our legislature. I made a post independent of my colleagues. My regret is that I have allowed them to be put in a negative light. If you disagree with me and my beliefs do not hold them under the same umbrella. I can live with a dislike for me, but not fellow members, or members of my own personal family. Our body as a whole is made up of some of the finest people I have ever had the honor of knowing and working with, both Democrat and Republican.

“I close by reiterating that my post was in no way glorifying the Klan or disrespecting the late Rep. John Lewis.”

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Alabama Republican Party Chairman Terry Lathan issued a statement addressing the post:

“While Rep. Dismukes has released a statement attempting to clarify his actions as a private citizen attending a celebration of the first Grand Wizard of the Klu Klux Klan, Alabamians hold their elected officials to a high standard of actions. So does the Republican Party.

“Rep. Dismukes offered no explanation for why he participated in a birthday celebration of Nathan Bedford Forrest. Additionally, I find his statement to be shallow in understanding why his activities are deeply offensive to so many Alabamians. His constituents will be the final decision-makers of his political future.

“The Alabama of today was on full, honorable display as we paid humble tribute this weekend to the life of Congressman John Lewis. That is the Alabama that we are proud of – showing the nation and world that we are one in the common goals of equality for all of our citizens.

“It is one thing to honor one’s Southern heritage, however, it is completely another issue to specifically commemorate the leader of an organization with an indisputable history of unconscionable actions and atrocities toward African-Americans. I strongly urge his constituents to contact Rep. Dismukes to articulate and share with him their thoughts on his personal actions.”

House Majority Leader Nathaniel Ledbetter, R-Rainsville, issued a statement saying that the beliefs of one member don’t reflect the beliefs of all, and that several Republican Caucus members expressed concern to him about the content and timing of Dismukes’ post.

We live in a nation that guarantees each citizen the right to express the ideas they wish to share, and in the case of a public official, voters will ultimately decide if they agree with those ideas.”

Speaker of the House Mac McCutcheon, R-Monrovia, on Monday issued his own statement:

“The Alabama House cannot police the beliefs, statements, and activities of its members outside the Legislature as that is a job best assigned to voters in each House district across the state.  

“It is important to note, however, that I and many other members of the House devoted our weekend toward honoring an Alabama native and civil rights icon who dedicated his life to securing freedom, liberty, and equality for all Americans.”

Rep. Danny Garrett, R-Trussville, tweeted a stern rebuke on Sunday: “I cannot fathom why anyone in 2020 celebrates the birthday of the 1st KKK Grand Wizard. And while the body of a civil rights icon beaten by the Klan lies at state Capitol being honored by GOP/Dem leaders from all over the state. This mentality does not rep my party or my faith.”

Another GOP colleague, Rep. Allen Farley, R-McCalla, responded to a constituent about the matter in a tweet

“Scott, As a Christian, Conservative, member of the Republican Party, I was proud of the comments of my colleague Rep. Danny Garrett. Rep Will Dismukes’ actions were also unfathomable to me. I believe it will take the voters in House Dist. 88 to remove Rep. Dismukes from office,” Farley said.

While fellow Republican officials said that Dismukes’ constituents should decide if he remains in office, the College Republican Federation of Alabama issued a statement on Monday calling for him to resign.

“Representative Dismukes’s Facebook post of him at an event that celebrated former KKK Grand Wizard Nathan Bedford Forrest is unacceptable and has no place in the State Legislature or the Republican Party,” the statement said.

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