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Air Enforcement: Arkansas Department of Energy & Environment – Division of Environmental Quality, Conway Crematory Incinerator Operator Enter into Consent Administrative Order | Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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Air Enforcement: Arkansas Department of Energy & Environment – Division of Environmental Quality, Conway Crematory Incinerator Operator Enter into Consent Administrative Order | Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Denver Roller, Inc. (“DRI”) entered into a December 13th Consent Administrative Order (“CAO”) addressing alleged violations of a General Air Permit. See LIS No. 21-130.

The CAO provides that DRI owns and operates a crematory incinerator (“Facility”) in Conway, Arkansas.

The Facility is stated to utilize General Air Permit for Minor Source Animal/Human Remains Incinerator Facilities (“Permit”). According to the Permit, it was issued on August 23rd.

According to DEQ personnel, they conducted a compliance inspection at the DRI Facility on August 10th. The inspection was said to have covered the reporting period between May 2017 and June 2021.

The inspection is stated to have determined that DRI failed to properly perform visible emissions (“VE”) observations at Incinerator Power Pack II Ultra (Unit 1) and Incinerator Super Power Pack 2.0 (Unit 2) during the reporting period. This is alleged to be in violation of Specific Condition 15 of this Permit.

DRI is stated to have failed to maintain a starting temperature of 1600° Fahrenheit at Units 1 and 10. DRI was reported to have failed at Unit 2 to record a mid cycle temperature. Specific Conditions 10 & 20 of the Permit were broken by the alleged failures.

DRI replied to the August 25th DEQ letter informing it of the violations.

. . . Specific Condition 15 was violated because the machine thought that the unit was operating when it was actually cooling down. Respondent stated that three (3) instances of missing VE observation were due to a policy that required VE observations to be performed every Wednesday. Respondent stated that the policy had been updated and that VE observation would be performed at the start of each week or until the observation for the week is complete. Respondent also provided records regarding violations of Specific Condition 20. Respondent stated that the records that reflect temperatures below 1600°F should reflect that the records were above the minimum temperature.

DRI does not admit or deny the legal and factual allegations in the CAO.

The CAO imposes a civil penalty amounting to $3,920. However, this could have been reduced by one-half if signed and returned to DEQ prior to December 23rd.

You can find a copy of the CAO here Here.

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