Landfill Disposal Fees/Solid Waste: Arkansas Department of Energy & Environment - Division of Environmental Quality and El Dorado Solid Waste Transporter Enter Into Consent Administrative Order

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

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The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Get Rid of It of America Corp. (“Get Rid of It”) entered into a March 14th Consent Administrative Order (“CAO”) addressing alleged violations of the Arkansas Solid Waste Management and Recycling Fund Act. See LIS No. 23-024.

The CAO provides that Get Rid of It owns a waste hauling operation in El Dorado, Arkansas.

The company is stated to be engaged in the transportation of solid waste generated within the Southeast and Southwest Regional Solid Waste Management Districts for disposal outside the State of Arkansas.

The CAO alleges certain violations of Arkansas Pollution Control & Ecology Commission Rule 11 which implements the Arkansas Solid Waste Management and Recycling Fund Act.

The violations are alleged to include:

  • Failure to submit certain solid waste quarterly reports
  • Failure to pay certain applicable disposal fees

Late charges were subsequently added to the net amount payable.

Get Rid of It is stated to have submitted on October 17, 2022, the required solid waste quarterly reports and applicable disposal fees and late fees for:

  • Third Quarter of 2021
  • Fourth Quarter of 2021
  • First Quarter of 2022
  • Second Quarter of 2022

The CAO requires that Get Rid of It submit all solid waste quarterly reports and pay all applicable disposal fees in accordance with Ark. Code Ann. § 8-6-707. Further, a civil penalty of $2,200 is assessed.

A copy of the CAO 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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