®

712 37th Street South

Birmingham, AL 35222
Tel: (205) 458-0095
Fax: (205) 458-0094
nbrooke@blackwarriorriver.org
www.BlackWarriorRiver.org

April 3, 2019

Scott Hughes, Chief

Field Operations Division
Alabama Department of Environmental Management
→ Via email

Re: Gorgas Steam Plant Fish Kill | Baker Creek

Dear Scott:

I want to pass along some information we received about the recent fish kill at Gorgas Steam
Plant that is being investigated by the Alabama Department of Environmental Management (“ADEM”)
and the Alabama Department of Conservation and Natural Resources (“DCNR”). I attempted to talk
with the two Birmingham Field Office (BFO) representatives at the scene, but they were unfortunately
uninterested in communicating with me.

Multiple concerned individuals have contacted Black Warrior Riverkeeper to tell us large
quantities (“truckloads”) of dead fish were removed from Baker Creek and put in a dumpster, prior to
the arrival of ADEM and DCNR personnel. We were also told that the dead fish were compacted and
dumped in the woods. While Alabama Power may have shared that information with you previously, I
want to make sure that ADEM’s report (as well as the fish count report by DCNR) reflects this
information. Additional evidence of fish killed speaks not only to the severity of the incident, but also
must inform any assessment of damages by DCNR. While I can understand the desire to clean up stinky
dead fish, removing evidence before the responsible regulatory authorities can investigate makes the
removal of fish seem dubious at best. DCNR is tasked with performing an official count of the dead
fish, and this action by Alabama Power significantly compromised the state investigation.

Alabama Power personnel initially kicked the DCNR investigator(s) off of their property while
trying to investigate the fish kill in Baker Creek at the plant. Alabama Power’s actions caused DCNR
staff to have to return later with a DCNR game warden, who has the explicit legal law enforcement
authority to enter any land or water in the performance of his duty. Alabama Power’s action
unnecessarily delayed DCNR’s investigation of the fish kill.

We noticed Alabama Power’s 3/26/19 letter (attached) to ADEM regarding their 3/23/19 spill of
700 gallons of fire retardant, some of which ultimately flowed into Baker Creek, was uploaded to eFile
today. Did ADEM perform any site inspections at Gorgas Steam Plant between the time the Department
was notified by phone on 3/24/19 and the BFO’s investigation via boat on 3/29/19? Has Alabama
Power performed, or were they required by ADEM to perform, any water quality testing in Baker Creek
 2

or the Mulberry Fork downstream as a result of the chemical spill? Did Alabama Power or ADEM
notify DCNR of the chemical spill into Baker Creek?

At the time of the writing of this letter, there are no documents on eFile in the permit
(AL0002909) file nor under Document/Category Type “FSKLR” stating that Alabama Power notified
the Department of the fish kill. It is critical that facilities notify the Department immediately when
incidents like a fish kill occur. Did Alabama Power notify the Department of this fish kill anytime
between 2/24 and the BFO’s investigation via boat on 3/29? If so, when will that documentation be
included on eFile? Did Alabama Power notify DCNR of the chemical spill into Baker Creek and the
resulting fish kill?

We look forward to seeing the BFO’s investigation report, and ADEM’s determination of
accountability for the fish kill. This is not the first fish kill at Gorgas Steam Plant. It is time for ADEM
to hold Alabama Power accountable with a stiff penalty. Thank you for considering these concerns and
I look forward to hearing from you.

For the river,

Nelson Brooke
Riverkeeper

Cc: Glenda Dean, Chief

Water Division
ADEM

Mary Walker, Acting Regional Administrator

Region 4
EPA

Nick Nichols, Chief

Fisheries Section
Wildlife and Freshwater Fisheries Division
Alabama Department of Conservation and Natural Resources