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The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the Good Shephard Humane Society, Inc. (“Good Shephard”) entered into a November 6th Consent Administrative Order (“CAO”) addressing an alleged violation of a No-Discharge Permit (“Permit”). See LIS No. 24-153.
The CAO provides that Good Shephard operates a septic tank and subsurface fluid distribution system for wastewater (“Facility”) in Eureka Springs, Arkansas.
The Facility is stated to be regulated pursuant to the Arkansas Water and Air Pollution Control Act (“Act”).
DEQ issued a Permit to Good Shephard on October 31, 2018, with an effective date of November 1, 2018. The Permit is stated to have expired on October 31, 2023.
Part II, Condition 21 of the Permit requires Good Shephard to submit a complete permit renewal application at least 180 days prior to the expiration date of the Permit if the activity regulated by the Permit is to continue after the expiration date. Good Shephard is stated to have operated the Facility beyond this expiration date.
The complete permit renewal application is stated to have not been received by May 4th. This failure to submit the complete permit renewal application by May 4th is a violation of Part II, Condition 21 of the Permit.
The CAO requires that on or before its effective date that Good Shephard submit an administratively complete permit renewal application. Further, Good Shephard is required to comply with the terms of the expired Permit until either the effective date of the Permit renewal or the effective date of the Permit termination.
A civil penalty of $1,000.00 is assessed, which could have been reduced to $500.00 if the CAO was signed and returned to DEQ within 20 calendar days of its receipt.
A copy of the CAO can be downloaded here.