Solid Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality Issues Notice of Violation to DeWitt Landfill

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”) issued a Notice of Violation (“NOV”) to Eaton-Moery Environmental Services, Inc. (“Eaton”). See LIS No. 07-098.

The NOV states that Eaton and owns a Class I Landfill in DeWitt, Arkansas.

DEQ is stated to have issued Permit 0198-S1-R2 for the construction and operation of a solid waste disposal facility on January 14, 2003.

DEQ is stated to have conducted an inspection at the facility identifying the following violations:

  • Inadequate erosion controls.
  • Failure to maintain interim cover material.
  • Failure to maintain appropriate vegetation.
  • Failure to maintain cover maintenance.
  • Failure to maintain surface water requirements.
  • Failure to maintain system requirements.

The NOV proposes a civil penalty of $8,800.00. Further, the NOV outlines various corrective actions that must be undertaken by the facility pursuant to a timeline to address the alleged violations.

Eaton has the authority and in fact has filed a request for a hearing with the Arkansas Pollution Control and Ecology Commission.

A copy of the NOV and Eaton’s Response can be downloaded here.

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