ELR Citation: ELR 20551
No(s). 88-8 (Ala. Jul 28, 1989)

The court holds that alteration of a facility location does not automatically revoke a National Pollutant Discharge Elimination System (NPDES) permit, but the permit is revocable if the Department of Environmental Management (DEM) determines that alteration of the location is material to the maintenance of the water supply. The court also holds that where DEM knew of an agency agreement between the county and the permit holder and had agreed to it, the county that was operating a wastewater treatment facility as an agent corporation was holding a valid NPDES permit.

Counsel for Appellant
L. Vastine Stabler Jr., Helen Currie Foster
Cabaniss, Johnston, Gardner, Dumas & O'Neal
1700 AmSouth—Sonat Tower, P.O. Box 830612, Birmingham AL 35283-0612
(205) 252-8800

Counsel for Appellees
Olivia H. Jenkins
Alabama Department of Environmental Management
1751 Dickenson Drive, Montgomery AL 36130
(205) 271-7855

James R. Seale, James L. Richey, Mary J. Perry
Haskell, Slaughter & Young
800 AmSouth-Sonat Tower, Birmingham AL 35203
(205) 251-1000

HORNSBY, C.J., and MADDOX, JONES, SHORES, HOUSTON, STEAGALL, and KENNEDY, JJ., concur.