Asbestos Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Benton County Demolition Operator 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 Red Line Contractors, LLC, (“Redline”) entered into a Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control & Ecology Commission (“APC&EC”) Regulation 21 (Asbestos Regulations). See LIS No. 21-045.

The CAO provides that Red Line demolished or caused to be demolished on or before September 8, 2020, a structure (“Structure”) formerly located in Benton County, Arkansas. The Structure is stated to constitute a facility as defined in APC&EC Regulation 21, Chapter 4. Red Line is stated to constitute an owner or operator of a demolition or renovation activity as provided by the same regulatory provisions.

A Notice of Intent (“NOI”) is stated to have been submitted for the demolition of the Structure on August 28, 2020. Further, the NOI stated that the demolition was scheduled to occur between September 8, 2020, and September 15, 2020.

DEQ personnel are stated to have conducted an inspection of the demolition site on September 8, 2020. The Structure is stated to have already been demolished to a pile of debris. APC&EC 21.701(A)&(B) is stated to have required Red Line to maintain a copy of the asbestos inspection report and NOI on site.

Red Line is stated to have not to date provided DEQ the inspection report and NOI. This is alleged to violate APC&EC Regulation 21.703.

The CAO provides that Red Line neither admits nor denies the factual and legal allegations. Further, a $560 penalty 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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