State Orders Elberta Subdivision Project to Stop Work Over Runoff Issues

OBA Staff • August 15, 2025

ADEM says work cannot restart until pollution controls are fixed and approved

ADEM says work cannot restart until pollution controls are fixed and approved

Elberta, Ala. — (OBA) — The Alabama Department of Environmental Management has ordered an Elberta subdivision developer to halt work due to stormwater violations. The agency issued a cease-and-desist order to Wilkes Construction Company, Inc., after finding the company failed to properly manage runoff from its construction site. Stormwater containing sediment was flowing into Moccasin Bayou, a waterway near the project. Officials say work cannot continue until certain environmental measures are in place and approved.


The order was announced Thursday, August 14, 2025, after ADEM inspectors documented problems at the site. The development, located in Elberta, had not controlled sediment and other pollutants to the level required by state rules. The agency says any further violations could lead to additional penalties.


Under the order, the company must stop all building, production, and other construction activities except for those directly related to fixing the runoff issues. They are allowed to install and maintain best management practices and remove or clean up existing sediment. Any other work will need written approval from ADEM before resuming.


ADEM also directed Wilkes Construction to take immediate steps to prevent pollutants from leaving the property. That includes stopping any unpermitted discharges to waters of the state. Officials have not yet decided on any future enforcement actions, but they say those decisions will follow after reviewing the company’s response.


The agency maintains offices in Montgomery, Birmingham, Decatur, and Mobile and oversees environmental regulations statewide. ADEM’s role includes enforcing rules to protect Alabama’s rivers, bays, and coastal waters from construction-related impacts. That responsibility extends to fast-growing Baldwin County, where development pressures have raised environmental concerns.


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