Wastewater Enforcement: Arkansas Department of Environmental Quality Issues Notice of Violation in Relation to Operation of Eureka Springs, Arkansas Motel

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

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The Arkansas Department of Environmental Quality (“ADEQ”) issued a Notice of Violation (“NOV”) to VPG Partners II, LLC (“VPG”) in regards to alleged Clean Water Act National Pollution Discharge Elimination System (“NPDES”) violations. See LIS No. 17-080.

The NOV states that VPG operates the Statue Road Inn (“Facility”) which is a motel located in Eureka Springs, Arkansas.

An NPDES permit was stated to have been issued to VPG in 2011.

The NOV references ADEQ inspections of the Facility on the following dates:

  • March 31, 2016
  • September 13, 2016
  • July 11, 2017

One or more of the inspections allegedly revealed certain violations which included:

  • Failure to conduct effluent monitoring
  • Absence of a licensed Class II wastewater operator for the Facility
  • Failure to implement best management practices to prevent or reduce pollution of waters of the state
  • Failure to properly operate and maintain all elements of the treatment system
  • Failure to provide access to records that must be kept as required by the NPDES permit
  • Failure to provide records of all monitoring information for the last three years
  • Failure to apply for a new NPDES permit at least 180 days before the expiration of the NPDES permit

The NOV assesses a civil penalty of $16,400.

A copy of the NOV 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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