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

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.| 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”) and Jerry Kachel Builder, Inc. (“JKB”) entered into a November 18th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control & Ecology Commission (“APC&EC”) Regulation 21 (Asbestos). See LIS No. 21-123.

The CAO provides that JKB renovated or caused to be renovated on or before October 27, 2020, a structure (“Site”) located in Blytheville, Arkansas.

Site (i.e., structure), is considered to be a facility under APC&EC Regulation 21, Section 4. Further, JKB is stated to meet the definition of an “owner or operator of a demolition or renovation activity” as defined in APC&EC Regulation 21, Chapter 4.

According to DEQ, a complaint was received by them alleging that the Site had been renovated on October 22, 2020. According to DEQ, an investigation was conducted at the Site on October 27, 2020.

According to the investigation, the investigation found laminate flooring, tile, carpet, and vinyl rock ceiling material that was removed from the Site during the renovation.

JKB is accused in violation of APC&EC Reg. of not having conducted or failed to conduct an extensive asbestos inspection at the affected facility prior renovation. 21.501.

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JKB denies or admits to the factual and legal allegations made in the CAO.

A civil penalty of $1.320 is assessed.

You can download a copy of the CAO Here.

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