The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and American Structure Inc. (“ASI”) entered into a March 29th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control and Ecology Regulation 21 (Asbestos Regulations). See LIS No. 22-040.
The CAO provides that ASI demolished or caused to be demolished on July 26, 2021, and ending on July 29, 2021, a structure located in North Little Rock, Arkansas (“Site”).
According to Regulation 21, Chapter 4, the structure at the Site is deemed a facility. ASI is also said to be an owner or operator for a demolition or other renovation activity, as defined by Regulation 21, Chapter 4.
DEQ personnel are reported to have conducted a complaint inspection of the Site on July 29, 20,21. DEQ personnel were said to have seen evidence of demolition activity during this inspection. ASI stated that it had removed the roof.
DEQ personnel requested a copy the Site’s asbestos inspection report. ASI stated that they had not conducted or failed to conduct a thorough asbestos inspection prior to demolition. This is allegedly in violation of Reg. 21.501.
DEQ personnel were also reported to have requested a copy the Notice of Intent for Site. ASI is reported to have stated that they did not submit a Notice to Intent to DEQ and that they did not have a copy at the time of the investigation. This alleged failure is in violation of Reg. 21.601.
On August 10, 2021, DEQ received a hand-delivery of an asbestos inspection report and a Notice of Intent regarding demolition activities at the site by ASI. According to such asbestos inspection report, samples taken at the Site on July 29th 2021 contained asbestos as described in Paragraph 15 of CAO.
According to DEQ, personnel have read the Notice of Intent and found any deficiencies.
- Engineering controls
- Waste transporter
- Waste Site information
DEQ received a revised Notice of Intent on August 20, 2021. This Notice of Intent indicated that demolition activities began on July 26, 2021 and ended on July 29, 2021. According to the CAO, the Notice of Intent was not received 10 working days prior to demolition activities began. This is in violation of Reg. 21.601.
ASI does neither acknowledge nor deny the factual or legal allegations contained within the CAO.
The CAO requires that an ASI owner/employer complete within 90 days of its effective date an approved Arkansas Regulatory Awareness Training course of two hours. This course must be provided by an Arkansas licensed provider. The course must address all topics covered in Reg. 21.1907. 21.1907.
A civil penalty of $2.320 is assessed.
Download a copy the CAO here.