Aerial Investigation: Arkansas Department of Energy and Environment – Department of Environmental Quality and Alexander Off-Road Area Operator Enter Consent Administrative Order | Mitchell, Williams, Selig, Gates & Woodyard, PLLC

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The Arkansas Department of Energy and Environment, Department of Environmental Quality (“DEQ”) and Carter Off-Road Park LLC (“Carter”) entered into a Consent Administrative Order (“CAO”) in November addressing alleged violations of Arkansas pollution regulations. The agreement was signed on the 15th. & Ecology Commission (“APC&EC”) Regulation 18. See LIS No. 23-095.

The CAO provides that Carter owns and operates an off-road area (“Area”) located in Alexander, Arkansas.

It is stated that DEQ received a complaint on June 5 regarding open burning and solid waste burial activities in the Area.

The complaint investigation was conducted on January 5th. The CAO says a large pile of smoldering trash and non-vegetable debris was discovered, including materials such as buckets, metal, trash bags and treated wood.

DEQ stated in a January 6 communication that it notified Carter of burning activity in the Area.

A second complaint about burning activity at the site was received by DEQ on Feb. 16, it said.

DEQ reportedly conducted a second complaint investigation on February 16th. As a result of the investigation, it was stated that the following was found.

. . . Large piles of smoldering non-vegetable material, including materials such as roof tiles and insulation.

This is stated to be a violation of APC&EC Regulation 18.602.

Rule 18.602 provides:

. . . No person shall cause or permit the open burning of rubbish, refuse, industrial waste or other waste or conduct any open burning recovery operation.

The CAO said Mr. Carter responded to the proposed document by stating that there was only one pile of trash at the burning site and that the pile was made up of trash from new home construction. It is said that

Mr. Carter neither admits nor denies the factual and legal allegations contained in the CAO.

The CAO calls on Carter to immediately stop the open burning of waste and take necessary steps to prevent such acts and practices from occurring in the future.

A civil penalty of $1,680 will be assessed.

You can download a copy of the CAO here.

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