Asbestos Enforcement: Arkansas Department of Environmental Quality and Craighead County, Arkansas Contractor Enter into Consent Administrative Order

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Arkansas Department of Environmental Quality (“ADEQ”) and Keith Hammett Trucking & Construction L.L.C. (“KHTC”) entered into a June 28th Consent Administrative Order (“CAO”) addressing alleged violations of certain Arkansas asbestos regulations. See LIS No. 18-053.

KHTC is stated to have, on or before February 16, 2018:

. . . demolished or caused to be demolished a structure formerly located at 410 West Matthews Avenue, Jonesboro, Craighead County, AR 72401 (“the Site”).

The CAO provides that on February 16, 2018, ADEQ personnel investigated a complaint that demolition had begun on the Site. Further, it provides that the investigation indicated that the company failed to conduct or have conducted a thorough asbestos inspection of the affected facility prior to demolition. This alleged failure is stated to violate Arkansas Pollution Control and Ecology Commission Reg. 21.501.

KHTC is stated to have failed to submit a written Notice of Intent and appropriate fee to ADEQ at least 10 working days prior to commencing the demolition activity. This is stated to violate Reg. 21.601.

KHTC is stated to have provided ADEQ on February 27, 2018, 24 landfill tickets representing the material taken from the Site to a Craighead County landfill. The landfill tickets are stated to indicate that from February 8th through February 9th a total of 108.75 tons of waste material was delivered to the landfill.

ADEQ is stated to have sent correspondence to KHTC regarding the alleged compliance issue, to which the company has not responded.

The CAO assesses a civil penalty of $1,750 which could be reduced by one-half if the CAO was returned to ADEQ by June 30th.

A copy of the CAO can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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