Fort Payne-area: ADEM proposes $40,000 penalty in DeKalb air case

Fort Payne, AL – The Alabama Department of Environmental Management (ADEM) has posted a proposed consent order for CM Biomass, a pellet mill operator in Crossville, DeKalb County. The agency says the company exceeded particulate matter emission standards tied to Air Permit No. X016 for the facility’s drying system, and ADEM is proposing a $40,000 civil penalty. The notice is dated July 1, 2026, and starts a 30-day window for public comments, including an option to request a hearing.

What ADEM says happened at the Crossville pellet mill

In its “Proposed Consent Order,” ADEM identifies CM Biomass as the owner/operator and ties the alleged compliance issue to the drying system covered by Air Permit No. X016. ADEM says the violations consisted of exceeding particulate matter emission standards set by that permit.

Because this is a proposed consent order, it is not a final finding after a completed enforcement process. Residents should read it as ADEM’s stated allegations and proposed remedy—subject to ADEM’s next steps after the comment period.

What ADEM is seeking: a proposed civil penalty and the public comment process

The proposed order includes a proposed $40,000 civil penalty. ADEM also describes how the public can participate: interested persons may submit written comments, including a request for a hearing, within 30 days of the publication date of the notice. ADEM further states that the comment period ends at the close of business 30 days from the publication date.

For Fort Payne-area residents, the practical takeaway is that this is a local air-quality enforcement matter tied to a specific permit and a specific equipment area—the drying system—so the filing is a chance to raise concerns or submit information during the window.

Where Fort Payne-area residents can view the filing

ADEM maintains a DeKalb County public notices page that lists the CM Biomass entry as an “Administrative Order — July 01, 2026” with the description “Proposed Consent Order.” From that listing, residents can find the full proposed order document.

Fort Payne is located in DeKalb County, according to an Alabama DOT fact sheet, helping explain why a DeKalb County air enforcement notice can matter to the wider region.

Quick explainer: proposed consent orders and compliance-status databases

A consent order is an enforcement tool that—once finalized—can formalize required actions or penalties. But while ADEM is still proposing terms, the case is not settled.

Separately, ADEM’s enforcement and compliance information warns that public compliance lookups and dashboards can be misleading. ADEM notes, for example, that compliance status summaries can remain “out of compliance” in public tools even after a case is resolved—depending on how agencies define formal enforcement actions and the timing of updates. The safest approach is to rely on the actual posted agency documents for the most accurate picture of the current stage.

What to watch next

After the 30-day comment window closes, ADEM will have to decide how to proceed with the proposed terms. Fort Payne-area residents can review the proposed order details—especially what ADEM alleges about particulate matter and the Drying System under Air Permit No. X016—to understand what’s at issue while the matter is still in the proposal stage.

Sources

• ADEM proposed consent order (CM Biomass) — DeKalb County / Crossville
• Alabama DOT Fort Payne fact sheet (Fort Payne in DeKalb County)