Asbestos Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Owner/Operator of Blytheville Demolition Activity Enter into Consent Administrative Order

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

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The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Mississippi County Hospital System (“Mississippi System”) entered into a June 18th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control and Ecology Commission (“APC&EC”) Regulation 21 (Asbestos Regulations). See LIS No. 21-059.

The CAO provides that the Mississippi System on October 14, 2020:

. . . renovated or caused to be renovated a structure located at 1520 North Division Street, Blytheville, Mississippi County, Arkansas . . . (“Site”)

A structure referenced by the CAO is stated to constitute a “facility” as defined in APC&EC Regulation 21, Chapter 4. Further, Mississippi System is stated to meet the definition of an “owner or operator of a demolition or renovation activity” as defined in APC&EC Regulation 21, Chapter 4.

DEQ personnel are stated to have conducted a complaint investigation on October 14, 2020, of the Site. It was stated to have been determined that Mississippi System failed to conduct or have conducted a thorough asbestos inspection of the affected facility prior to renovation, violating APC&EC Reg. 21.501.

Mississippi System is stated to have conducted an asbestos inspection of the Site on October 15, 2020. Such asbestos inspection results were submitted to DEQ on October 20, 2020. The results indicated that there was no asbestos present in the renovated material.

Mississippi System neither admits nor denies the factual and legal allegations contained in the CAO.

A civil penalty of $1,760 is assessed.

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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