Hazardous Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Lonoke Manufacturing Facility Enter into Consent Administrative Order

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 Ammunition Operations, LLC (“AO”) entered into a Consent Administrative Order (“CAO”) addressing an alleged violation of Arkansas Pollution Control and Ecology Commission Rule No. 23. See LIS No. 24-121.

The CAO provides that AO operates a facility in Lonoke, Arkansas that manufactures ammunition for sporting firearms.

The facility is stated to be a Large Quantity Generator of hazardous waste.

The CAO provides that on April 5, 2023, during a routine audit of the facility, it was determined that it had allowed 483 containers of waste smokeless propellant (D003, D008) to remain on-site for greater than 90 days. This is alleged to be an accumulation of hazardous waste for greater than 90 days, violating Arkansas Pollution Control and Ecology Commission Rule No. 23 Section 262.17(a).

AO submitted a voluntary disclosure report on April 19, 2023, self-reporting such information concerning the violation to the agency pursuant to their Environmental Self-Disclosure Incentive Policy.

Further, AO submitted to DEQ additional information on accumulated waste and manifest indicating waste had been shipped off-site.

The CAO does not require the submission of any documentation or civil penalty.

A copy of the CAO 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. Attorney Advertising.

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

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