Judicial Enforcement: Arkansas Department of Energy and Environment Pulaski County Circuit Court Action Filed Against Storage Tank Owner/Operator

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

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The Arkansas Department of Energy and Environment, Department of Environmental Quality (“DEQ”) filed an October 7th Complaint against Routh Wrecker Service, Inc. (“Routh”) stating it was seeking injunctive relief and to compel compliance with a previously executed Consent Administrative Order (“CAO”).

The CAO is stated to have resolved Routh’s alleged violations of environmental laws and regulations regarding its two underground storage tanks (“USTs”) located in Little Rock, Arkansas.

DEQ and Routh are stated to have entered into the CAO on June 13, 2017, to resolve violations of Ark. Code Ann. § 8-7-801 et seq. and Arkansas Pollution Control and Ecology Commission Regulation 12.

The Complaint alleges that Routh has not complied with certain provisions of the CAO, which include:

  • Submitting documentation to DEQ indicating that a certified Class A and Class B operator has been designated at the Site
  • Payment of certain UST annual registration fees
  • Payment of a civil penalty

The Complaint also alleges that Routh has been unjustly enriched because of the failure to return a refund of $1,010 as referenced in the document.

A copy of the Complaint can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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