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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 Rapp’s Barren Brewing Company, LLC (“Rapp’s”) entered into a November 12th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control & Ecology Commission (“Commission”) Regulation 21 (Asbestos). See LIS No. 21-121.

The CAO provides that Rapp’s renovated or caused to be renovated on or before January 7th a structure in Baxter County, Arkansas (“Site”).

The structure is stated to constitute a facility (“Facility”) as defined in Commission Regulation 21, Chapter 4. Further, Rapp’s is stated to meet the definition of an “owner or operator of a demolition or renovation facility” as defined in Commission Regulation 21, Chapter 4.

DEQ received a complaint that the Site had a dumpster containing asbestos flooring and other construction debris on January 6th.

According to DEQ personnel, they were able to conduct an investigation at this site on January 7th. They observed a garbage dumpster at the Site, filled with construction material.

. . .insulation batting, ceiling tiles and lumber that were removed from the building.

According to the CAO the Site superintendent stated that they were renovating the interior of a building to make it a brewery.

Paragraph 13 of this CAO provides:

. . . Respondent gave the name of the person who had taken samples to test for asbestos when asked if an asbestos inspection had been done before the renovations began. A search of the DEQ Licensing Certificate System database revealed that the individual who collected the samples did not meet the requirements for licensing and/or certification under APC&EC Regulation 21 Reg. 21.503. Therefore, the samples collected were not valid. There was no thorough inspection of the affected area or any part thereof for asbestos. This act is in violation of the PC&EC Reg. 21.501, which is in violation of Ark. Code Ann.§ 20-27-1007(4).

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Rapp’s is alleged to have failed to submit a written Notice of Intent and applicable fee at least 10 working days before any renovation activity was undertaken. It is claimed that no asbestos inspection was done prior to the renovation.

The CAO provides that Rapp’s neither admits nor denies the factual and legal allegations.

A civil penalty of $3.060 is assessed.

Download a copy the CAO Here.

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