News & Analysis as of

Department of Environmental Quality Storage Tanks

Mitchell, Williams, Selig, Gates & Woodyard,...

95th Arkansas General Assembly House Bill Proposing Amendments to Petroleum Storage Tank Trust Fund

House Bill 1277 has been filed which proposes two revisions to the Arkansas Petroleum Storage Tank Trust Fund. The Bill is sponsored by Representative Zack Gramlich of Fort Smith and Senator Justin Boyd of Fort Smith....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Benton County...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Darren Libby (“Owner”) entered into a July 19 Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Pulaski County...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Allowey Ahmed (“Ahmed”) entered into a May 24th Consent Administrative Order (“CAO”) to address alleged violations of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Conway Retail Fuel...

The Arkansas Department of Energy and Environment – Division of Environmental Quality and J-Square, Inc. (“J-Square”) entered into an April 18th Consent Administrative Order (“CAO”) addressing alleged violations of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Pope County Fuel Station Request for Hearing/Petroleum Storage Tank Trust Fund: Mena Short Stop Motion to Dismiss without...

Mena Short Stop, LLC, (“Mena Short Stop”) filed before the Arkansas Pollution Control & Ecology Commission (“APC&EC”) on August 18th a Motion to Dismiss without Prejudice (“Motion”) a previously submitted Request for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Polk County Fuel Station/Arkansas Petroleum Storage Tank Trust Fund: Arkansas Department of Energy & Environment - Division of...

As previously noted in a June 26th post, Mena Short Stop, LLC (“Mena Short Stop”) filed a pleading before the Arkansas Pollution Control & Ecology Commission (“Commission”) addressing an issue arising under the Arkansas...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Polk County, Fuel Station/Arkansas Petroleum Storage Tank Trust Fund: Request for Adjudicatory Hearing and Arkansas Pollution...

Mena Short Stop, LLC (“Mena Short Stop”) filed a pleading before the Arkansas Pollution Control & Ecology Commission (“Commission”) addressing an issue arising under the Arkansas Department of Energy & Environment – Division...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Contractor Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Searcy...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Terry Price, DBA TLP Enterprises (“TLP”) entered into a January 19th Consent Administrative Oder (“CAO”) addressing alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and North Little Rock...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Hebron of AR, LLC (“Hebron”) entered into an October 27th Consent Administrative Order (“CAO”) addressing alleged violations of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste/Water Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality Files Sebastian...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed an October 17th Complaint and Request for Injunctive Relief (“Complaint”) in the Circuit Court of Sebastian County, Arkansas...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: Tennessee Department of Environment & Conservation Proposed Order and Assessment Related to Memphis...

The Tennessee Department of Environment & Conservation (“TDEC”) issued a May 9th Proposed Order and Assessment (“Order”) to TForce Freight, Inc. (“TFI”) related to alleged violations of the Tennessee underground storage tank...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Doddridge Sand Plant Enter...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Performance Proppants, LLC, (“PPL”) entered into a March 10th Consent Administrative Order (“CAO”) addressing an alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Jacksonville, Arkansas, Facility: Arkansas Department of Energy and Environment - Division of Environmental Quality and Univar...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Univar Solutions USA Inc. (“Participant”) entered into a June 30th Elective Site Clean-Up Agreement (“ESCA”). See LIS 21-075. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order and Assessment for Knoxville...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a proposed April 27th Order and Assessment (“Order”) to Mapco Express, Inc. (“Mapco”) addressing alleged violations of the Tennessee Underground Storage...more

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Texas Commission on Environmental Quality Proposes Major Revision of Statewide Penalty Policy

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Texas companies may soon see increasing penalties for noncompliance with Texas environmental laws. On September 30, 2020, the Texas Commission on Environmental Quality (TCEQ) announced significant proposed changes to the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: Arkansas Division of Environmental Quality Issues Default Administrative Order to Izard/Independence...

The Arkansas Division of Environmental Quality (“DEQ”) issued an October 10th Default Administrative Order (“DAO”) to Donald Patterson addressing alleged violations of the Petroleum Underground Storage Tank (“UST”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: Tennessee Department of Environment and Conservation Order and Assessment Addressing Portland, Tennessee...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a July 30th Order and Assessment (“Order”) addressing a Portland, Tennessee facility (“Swifty No. 286” [“Swifty”])....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Issues Impacting Arkansas/Missouri Municipal Utilities: SEMO-NEARK Annual Meeting Presentation

I undertook a presentation at the May 9th SEMO-NEARK annual meeting in Norfork, Arkansas, titled: Environmental Issues Impacting Arkansas/Missouri Municipal Utilities (“Presentation”) The Presentation focused on a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Annual Release Detection Equipment Testing: Arkansas Oil Marketers Association Canopy Article

Arkansas Department of Environmental Quality (“ADEQ”) staff authored an article in Issue 4 of the Arkansas Oil Marketers Association (“AOMA”) publication The Canopy titled: Annual Release Detection Equipment Testing...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Department of Environmental Quality Office of Land Resources/Regulated Storage Tanks: Arkansas Oil Marketers Association...

The Arkansas Department of Environmental Quality (“ADEQ”) Office of Land Resources undertook presentations at the October 18th Arkansas Oil Marketers Association (“AOMA”) Workshop in Little Rock, Arkansas, titled: ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Oil Marketers Association Environmental Workshop: October 18th - Little Rock, Arkansas (PROGRAM UPDATE)

As previously noted, the Arkansas Oil Marketers Association (“AOMA”) is once again hosting its Annual Environmental Workshop (“Workshop”). The Workshop will be held on October 18th at the Holiday Inn Airport in Little...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Advisory Committee on Petroleum Storage Tanks – September 26th Meeting Cancelled

As noted in previous blog posts, Arkansas operates a petroleum storage tank trust fund that provides reimbursement for eligible storage tanks for certain corrective actions and third party damage claims due to a release of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Advisory Committee on Petroleum Storage Tanks – August 29th Meeting

As noted in previous blog posts, Arkansas operates a petroleum storage tank trust fund that provides reimbursement for eligible storage tanks for certain corrective actions and third party damage claims due to a release of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

TSD/Hazardous Waste Enforcement: Alabama Department of Environmental Management and Birmingham, Alabama Commercial Hazardous Waste...

The Alabama Department of Environmental Management (“ADEM”) and Allworth, LLC (“Allworth”) entered into an August 9th Consent Order (“CO”) addressing alleged violations of Alabama/federal hazardous waste regulations. See...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Advisory Committee on Petroleum Storage Tanks – June Meeting

As noted in previous blog posts, Arkansas operates a petroleum storage tank trust fund that provides reimbursement for eligible storage tanks for certain corrective actions and third party damage claims due to a release of...more

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