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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 and Environment – Division of Environmental Quality (“DEQ”) and TAS Environmental Services, L.P. (“TAS”) entered into a November 18th Consent Administrative Order (“CAO”) addressing an alleged violation of Ark. Code Ann. § 8-4-217(a)(2).

The CAO states that TAS operates waste transportation services in Pulaski county, Arkansas.

According to DEQ, a complaint was received by TAS alleging that TAS had dumped approximately 3,000 gallons (or more) of leachate in a dry drainage ditch along Gravel Pit Road. According to the complaint, it was received on June 29, 2009.

The CAO provides additional information:

The leachate was observed to be traveling 180 feet from its point of discharge, moving north in the dry drain ditch, then thence to northeast into the woods, thence 162 feet into a dry creekbed, and thence 35 feet east in the dry stream bed. Ark. Code Ann. § 8-4-217(a)(2) and therefore is a violation of Ark. Code Ann. § 8-4-217(a)(3).

TAS claims to have used a vacuum truck to remove the liquid from the dry drainage ditch on June 29th and to place a boon to secure it. It is also said to have taken photos of the affected areas and collected liquid samples.

TAS also reported to have the following information as of June 30th:

. . . Excavated all affected areas. Four (4) soil samples were taken from various areas and kept for analysis. The soil and liquid samples were analyzed using the Toxicity Characteristic leaching Procedure (TCLP). It was found that the materials discharged were not hazardous. However, the liquid sample was not tested for typical wastewater parameters like pH, dissolved oxygen or total suspended solids. The above activities were performed by DEQ personnel.

Further, the CAO describes excavations being completed and a determination of site restoration.

Material Transport and Release Response training is stated to have been received by TAS’s executives on July 12th. TAS employees will continue to receive training until August 1, according to reports.

The Company was informed by the company on July 26th, that the site had been properly cleaned.

A civil penalty of $6,000. This penalty could have been reduced to $3,000. If the document is returned to DEQ within 20 days of receipt, it would be subject to a $2,400 fine.

You can download a copy of the CAO here.

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