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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.| Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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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 & Environment – Division of Environmental Quality (“DEQ”) and Terra Renewal Services, Inc. – Pulaski County (“Terra”) entered into a December 13th Consent Administrative Order (“CAO”) addressing alleged violations associated with a land application site. See LIS No. 21-137.

The CAO indicates that Terra operates a wastewater collection, haulage and reuse company located in Pope County.

Terra is stated to have land applied wastewater at a site in Pulaski County, Arkansas (“Land Application Site”). Further, DEQ is stated to have issued a No-Discharge Water Permit (“Permit”) to Terra on August 30, 2018.

DEQ claims to have conducted an inspection at the Land Application Site between May 11th and 12. The inspection allegedly revealed the following violations

  • Application of waste to the fields in a way that resulted ponding and surfacing at the Land Application Site
  • When the National Weather Service forecasted a chance for precipitation of 90% for May 11th, the National Weather Service recommended that certain fields be used to store waste.
  • When the soil was saturated, you can apply land to a specific field.
  • The field’s southern border was not marked with a buffer of 100 feet from the ordinary high waters mark of an adjacent waterbody.

Terra responded to DEQ’s submission of the inspection results on June 11th.

Terra does not acknowledge or deny the truth or falsity of any findings of fact, allegations or issues currently at dispute. Terra stated that he wants to avoid the uncertainty associated with litigation.

Terra must stop disposing of industrial refuse at permitted locations, unless it is permitted to do so in accordance with the Permit conditions. Terra must also submit to DEQ a quarterly update containing:

  • Land Application Site Inspection records
  • Land Application records
  • Load ticket records

This submission must continue for one-year after the CAO’s effective date.

A civil penalty of $33,600 is assessed. This could have been reduced by one half if the CAO was returned to DEQ within 20 calendar day of its receipt.

Download a copy the CAO here.

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