ADEM issues cease order to developer due to improperly managed runoff

The Alabama Department of Environmental Management has issued a cease-and-desist order to Wilkes Construction for improper stormwater runoff management at a subdivision project in Elberta.
Aug. 20, 2025

The Alabama Department of Environmental Management (ADEM) announced on August 14, 2025, that it has issued a cease-and-desist order to Wilkes Construction Company, Inc., because of improperly managed stormwater runoff into Moccasin Bayou from the construction site of a subdivision the company is developing in Elberta.

ADEM’s cease and desist orders mandates the operator to “immediately cease all construction, building, production and related activity” at the site other than BMP implementation/maintenance and sediment removal/remediation. All other construction and related activity are not authorized to resume until approved in writing by ADEM.

The order also requires the operator to take immediate action to prevent, to the maximum extent practicable, sediment and other pollutants in stormwater leaving the site and prevent noncompliant and/or unpermitted discharges of pollutants to waters of the state.

ADEM will determine additional enforcement actions at a later date.

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