UIC/Wastewater Enforcement: Bethel Heights, Arkansas Response to Arkansas Department of Environment and Energy Notice of Violation

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

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The City of Bethel Heights, Arkansas (“Bethel Heights”) filed a Response September 4th to the Notice of Violation (“NOV”) of the Arkansas Department of Environment and Energy previously filed.

The NOV addressed alleged violations of a No-Discharge Permit issued pursuant to the authority of Arkansas Pollution Control and Ecology Commission Regulation No. 17 (Arkansas Underground Injection Control Code). (A link to a previous post can be found here.)

Bethel Heights is stated to operate a decentralized wastewater treatment system pursuant to a No-Discharge Permit. The permit addresses treatment systems that include drip irrigation dispersal fields.

Bethel Heights’ Response to the Notice of Violation (“Response”) requested a hearing before the Arkansas Pollution Control and Ecology Commission.

Bethel Heights’ Response states in part:

Based on the information known to date, Bethel Heights denies each and every allegation contained in the NOV except as hereinafter specifically admitted. In addition, where DEQ alleges dates which it sent, mailed, or received communications described in the NOV, Respondent lacks knowledge or information sufficient to admit or deny such allegations. Bethel Heights reserves the right to supplement its Response as additional information becomes known.

The Response also raises a number of Affirmative Defenses.

A copy of the Response can be downloaded here.

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