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The Arkansas Pollution Control & Ecology Commission (“Commission”) addressed in an April 18th Minute Order a request by Eco-Vista Landfill (“Eco-Vista”) pursuant to Rule 8.612(B) a Motion for Relief from Automatic Stay (“Motion”) addressing the issuance of a permit for a landfill expansion in or near the City of Tontitown, Washington County, Arkansas. See Minute Order No. 23-10. See Docket No. 23-009-P.
As previously noted in April 18th and April 19th blogs, the Mayor of Tontitown and certain individuals filed separate requests for an adjudicatory hearing and Commission review (collectively, “Petition”) challenging the Arkansas Department of Energy & Environment – Division of Environmental Quality’s (“DEQ”) issuance of a permit for the Eco-Vista Landfill.
The permit is described by the Petitions as authorizing an additional 12.2 acres expansion of Eco-Vista’s existing Class 4 landfill.
The Petitions challenging the issuance of the permit imposed an automatic stay pursuant to Commission Rule 8.612(A)(2). Eco-Vista requested that the Commission lift the stay, submitting certain arguments. See April 25th blog post.
The Commission granted the request. The Minute Order stated that the Commission considered the filings on the dockets, the evidence, and the arguments of Counsel. It ruled that:
- Eco-Vista, LLC's Motion for Relief from Automatic Stay in Docket No. 23-008-P is granted.
- Eco-Vista, LLC's Motion for Relief from Automatic Stay in Docket No. 23-009-P is granted.
- Permit No. 0290-S4-R2 shall remain in full force and effect pending the outcome of further proceedings before this Commission.
A copy of the Minute Order can be downloaded here.
