News & Analysis as of

Arkansas Pollution Control

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

2025 War Eagle Creek Stewardship Award: Beaver Watershed Alliance Recognizes the Tuberville Family

The Beaver Watershed Alliance (“BWA”) announced the presentation of the 2025 War Eagle Creek Stewardship Award (“Award”). The Award was presented to Josh and Claliegh Tuberville....more

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

Solid Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Elaine...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Elaine, Arkansas entered into an April 17th Consent Administrative Order (“CAO”) addressing an alleged violation of...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Little Rock Fabricated...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and W & W – Afco Steel LLC (“Afco”) entered into a May 8th Consent Administrative Order (“CAO”) addressing alleged violations of an...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Van Buren Wastewater...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Van Buren Municipal Utilities (“Van Buren”) entered into a February 4th Consent Administrative Order (“CAO”) addressing...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Howard County Gypsum...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Certainteed Gypsum Manufacturing, Inc. (“CGM”) entered into a May 15th Consent Administrative Order (“CAO”) addressing alleged...more

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

95th Arkansas General Assembly/Act 1009: Addressing Enforcement for Certain Types of Industrial Waste Disposal

Act 1009 was signed by Governor Sanders which amends the Arkansas Water and Air Pollution Control Act to require revocation of a permit for the disposal of industrial waste in an agricultural or pastoral application for a...more

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

95th Arkansas General Assembly/Arkansas Natural Resources Commission: Act 578 Authorizes Water, Waste Disposal, Pollution Control,...

Act 578 has been signed by the Governor which would authorize the Arkansas Department of Agriculture’s Natural Resources Commission (“NRC”) to issue certain general obligation bonds. ...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Blytheville Steel Mill...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Nucor-Yamato Steel Company (“Nucor”) entered into a March 24th Consent Administrative Order (“CAO”) addressing an alleged...more

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

2022 Triennial Review/Arkansas Water Quality Standards: U.S. Environmental Protection Agency March 27th Letter Approving 2022...

The Region 6 Office of the United States Environmental Protection Agency (“EPA”) sent a March 27th letter to Stacie Wassell, Associate Director for the Office of Water Quality at the Arkansas Department of Energy and...more

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

95th Arkansas General Assembly: Legislation Introduced Prohibiting Discharges into Waterbodies Utilized by A Public Water System

Senate Bill 556 has been introduced which would amend Arkansas Code Title 8, Chapter 3, Subchapter 1 to add an additional Section titled:                                 8-3-104. Watershed Discharge Prohibition...more

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

95th Arkansas General Assembly/Water Permits: Legislation Introduced Tying Permitting to Prior Noncompliance

Senate Bill 557 has been introduced which would provide the Arkansas Department of Energy and Environment – Division of Environmental Quality (“ADEQ”) the authority to deny a: …permit relating to wastewater if the...more

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

Air Enforcement/Self-Disclosure: Arkansas Department of Energy and Environment - Division of Environmental Quality and Pine Bluff...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Hoover Treated Wood Products, Inc. (“Hoover”) entered into a November 19th Consent Administrative Order (“CAO”) addressing an...more

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

Mining Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Washington County Mine...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Wedington Mine, LLC (“Wedington”) entered into a December 6th Consent Administrative Order (“CAO”) addressing alleged violations...more

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

Arkansas State Implementation Plan/Clean Air Act: U.S. Environmental Protection Agency Proposes Approval of Revisions

The United States Environmental Protection Agency (“EPA”) published in the August 22nd Federal Register Notice a proposed rule that would approve portions of the revisions to the Arkansas State Implementation Plan (“SIP”)....more

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

Washington County Landfill, Expansion: Individual Petitioners/Mayor Russell/Tontitown Joint brief in Support of Second Motion for...

As previously noted in April 19th and 18th blogs, the Mayor of Tontitown and certain individuals filed separate Requests for Adjudicatory Hearing and Commission Review (collectively “Petitioners”) before the Arkansas...more

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

Asbestos 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 Car-Son Construction, LLC (“Car-Son”) entered into a June 16th Consent Administrative Order (“CAO”) addressing alleged violations...more

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

Arkansas Hazardous Waste Generators - Reminder: Arkansas Department of Energy & Environment - Division of Environmental Quality...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) circulated a May 4th email reminder to Arkansas Hazardous Waste Generators regarding the due date for remittance for Remedial Action...more

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

Washington County Landfill/Expansion: Request for Adjudicatory Hearing/commission Review - Motion for Relief From Automatic Stay

As previously noted in April 19th and April 18th blogs, the Mayor of Tontitown and certain individuals have filed separate requests for adjudicatory hearing and Commission review (collectively “Petitions”) before the Arkansas...more

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

94th Arkansas General Assembly/Petroleum Storage Tank Trust Fund: Senate/House of Representatives Enact Legislation Increasing...

The Arkansas State Senate and House of Representatives have passed legislation (HB1520) which would raise the limit for payment for corrective action per occurrence pursuant to the Arkansas Petroleum Storage Tank Trust Fund...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Hardy Enter...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and the City of Hardy, Arkansas (“Hardy”) entered into a February 6th Consent Administrative Order (“CAO”) addressing alleged...more

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

Arkansas Department of Energy & Environment - Division of Environmental Quality/Emergency Order Addressing Pope County Fueling...

Administrative Law Judge (“ALJ”) Charles Moulton addressed in an August 16th Amended Recommended Decision (“ARD”) an issue arising out of the administrative litigation associated with Mena Short Stop, LLC (“Mena Short Stop”)....more

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

Arkansas Recycling Tax Credit: Arkansas Department of Energy & Environment - Division of Environmental Quality – Waste Reduction,...

The Arkansas General Assembly through Act 748 of 1991 established a tax credit program for facilities establishing or expanding processes that utilize recyclables. The recycling tax credit has been very beneficial to...more

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

Arkansas Department of Energy & Environment - Division of Environmental Quality/Emergency Order: Polk County Fueling Station Files...

Mena Short Stop, LLC (“Mena Short Stop”) filed on June 23rd a Request for Hearing (“Request”) before the Arkansas Pollution Control & Ecology Commission (“APC&EC”) of an Emergency Order issued by the Chief Administrator of...more

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

Arkansas Hazardous Waste Generators: Arkansas Department of Energy & Environment - Division of Environmental Quality Addresses...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) circulated a May 5th email reminder to Arkansas hazardous waste generators regarding the due date for remittance for Remedial Action...more

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

NPDES Permitting/Clean Water Act: Arkansas Department of Energy & Environment - Division of Environmental Quality Seeks Judicial...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court (“Eastern District –...more

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