Solid Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Miller County Property Owner Enter into Consent Administrative Order

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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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 Mack Armstrong (“Armstrong”) entered into a September 10th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control and Ecology Commission Regulation No. 22 (Arkansas Solid Waste Management Code). See LIS 20-172.

The CAO provides that Armstrong owns property located in Miller County, Arkansas.

DEQ is stated to have conducted an investigation on February 28, 2019, pertaining to alleged illegal solid waste disposal activities at the property. The following alleged violations are identified in the CAO:

  1. Failure to obtain a valid permit from DEQ to operate a solid waste disposal site
  2. Failure to dispose of solid waste at a site or facility with a permit from DEQ
  3. Failure to properly dispose of solid waste pursuant to the rules and regulations and/or in a manner as to not create a public nuisance or public health hazard

Armstrong is stated to have submitted documentation on November 11, 2019, which sufficiently addressed all noted violations and requested a reduction in the civil penalty, which was approved by the DEQ Director in May, 2020.

The CAO assesses a civil penalty of $250.

A copy of the CAO can be downloaded here.

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